[New]
For violation of any provision of this chapter, any other chapter of this Revision, or any other ordinance of the Township where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000, or imprisonment for a period not exceeding 90 days, or both or to a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge. (N.J.S.A. 40:49-5)
[New]
Except as otherwise provided every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[New]
The governing body may prescribe that for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. No. 9-2-66; Ord. No. 1979-1 § 1-7; Ord. No. 2005-18]
a. 
Definitions. As used in this section;
LOITERING
Remaining idle in essentially one location and shall include the location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "Hanging Around."
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether by reason or blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access and shall include any street, highway, road, alley, 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, 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 subsection, or in the case of a minor, not owned or under control of his parent or guardian.
b. 
Certain types of loitering prohibited. No person shall loiter in a public place, in such manner as to:
1. 
Create or cause to be created a danger of a breach of the peace.
2. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
3. 
Obstruct the free passage of pedestrians or vehicles.
4. 
Obstruct, molest, or interfere with any person lawfully in any public place as defined in paragraph a.2. 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.
c. 
Discretion of police officer. Whenever any Police Officer shall, in the exercise of reasonable judgment decide that the presence of any person in any public place is causing any of the conditions enumerated in paragraph b, 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 subsection.
d. 
Loitering by minors. No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this subsection.
e. 
Notice of violation. Whenever any minor under the age of 18 years is charged with a violation of this subsection, 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.
f. 
Presumption. If any time within 30 days following the giving of notice as provided in paragraph g, the minor to whom such notice relates again violates this subsection, 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.
g. 
Any person violating any of the provisions of this subsection shall, upon conviction, be punished by a fine not exceeding $200, or by imprisonment not exceeding 30 days, or both, in the discretion of the court.[1]
[1]
Editor's Note: Former Subsection 3-2.1h, Loitering by sex offenders, was repealed 5-16-2019 by Ord. No. 108-2019.
[Ord. No. 9-2-66]
No person shall sound his automobile horn other than as a warning signal necessary and essential in driving said vehicle, nor sound his horn repeatedly or for long periods of time, except at weddings or other public celebrations.
[Ord. No. 9-2-66]
No person shall disquiet or interrupt any congregation or assembly met for religious worship or disquiet or interrupt any other meeting within the Township, by making a noise or by rude or indecent behavior, or profane discourse within the place of worship or other meeting place.
[Ord. No. 9-2-66; amended 8-20-2020 by Ord. No. 112-2020]
a. 
No person shall permit, make or continue or cause to be permitted, made or continued any unnecessary noise at any unreasonable hour which shall disturb the comfort, rest and repose of any person or persons being in his place of abode.
b. 
Definition of noise.
1. 
Without intending to limit the generality of Subsection 2.4, the following acts are hereby declared to be examples of loud, disturbing, and unnecessary noise in violation of this section:
(a) 
Radios, televisions, phonographs. The playing, use, or operation of any radio receiving set, television, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb peace, quiet, and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle, or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phono- graph, machine, or device so that it is clearly audible at a distance of 100 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(b) 
Yelling; shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort, or repose in any office, dwelling, hotel, motel, or other type of residence or of any person in the vicinity.
(c) 
Animals; birds. The keeping of animals or birds, which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Section 5-7 of these ordinances.
(d) 
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus, or other vehicle except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger or persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus, or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
2. 
Penalties. For a violation hereof, § 3-1.1 shall apply.
[Ord. No. 9-2-66]
No person shall commit or attempt to commit an assault or an assault and battery or be engaged in a fight, either in a public or private place, or who shall aid or assist or abet any person about to commit or attempt to commit an assault or an assault and battery or a fight.
[Ord. No. 9-2-66]
No person shall:
a. 
Address or make audible any offensive remarks to or concerning any person in any place, public or private.
b. 
Obstruct, molest or interfere with any person lawfully in or upon any place, public or private.
c. 
Repeatedly telephone another for the purpose of annoying or molesting such person, or telephone another and address any lewd, lascivious, indecent or disgusting remarks to such person.
Any offense committed under paragraph c may be deemed to have taken place at either the place at which the telephone call was made or at the place at which the telephone call was received.
[Ord. No. 9-2-66]
No person shall throw, discard or deposit any tin cans, bottles, garbage into the waters of any stream or river or upon the public street or public place or discharge any sewage into the waters or places or any of them.
[Ord. No. 9-2-66]
No person shall throw, discard, deposit or sweep any paper or posters, stones, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public place or at any car, vehicles, house, building, fence or person; or dump any trash or garbage upon private property not his own.
[Ord. No. 9-2-66]
No person shall swim or bathe in a nude state in the waters of or immediately bounding the Township.
[Ord. No. 9-2-66]
No person shall, within the limits of the Township, disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, road, avenue, park or other public place.
[Ord. No. 9-2-66]
No person shall appear on any street, road, avenue, park or other public place in a state of nudity, or in any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner.
[Ord. No. 9-2-66]
No person shall sell, offer to sell, exhibit or have in his possession any indecent picture, book or thing or exhibit or perform any indecent, immoral or lewd play or other representation.
[Ord. No. 9-2-66]
No person shall solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.
[Ord. No. 9-2-66]
No person shall maliciously destroy, damage or injure any property, public or private.
[Ord. No. 9-2-66]
No person shall:
a. 
Keep or maintain or be present in a disorderly house or a house of ill-fame or allow or permit any house, shop, store or other building or structure owned or occupied by him to be used as a disorderly house or house of ill-fame.
b. 
Permit any house, shop, store or other building or structure owned or occupied by him to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
[Ord. No. 9-2-66; Ord. No. 1995-12]
No person shall permit growth of weeds, high grass in excess of six inches in height or other impediments on or adjacent to the sidewalks, gutters and street lines of any public street, road, avenue or highway in the Township.
[Ord. No. 9-2-66]
No person shall have upon his person or in his possession any pick, lock, key, crow, hack, bit or other implement with any intent to break and enter into any building.
[Ord. No. 9-2-66]
No person shall participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons or animal on the sidewalk, street, road, park or other public place.
[Ord. No. 9-2-66]
No person shall carry without lawful authority any revolver, pistol or other instrument of the kind known as a blackjack, sling shot, blow gun or other similar device, billy sand club, sand bag, bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her person, or in any portable vehicle, automobile, motorcycle or other vehicles. Nothing herein contained shall be construed in any way to prohibit the carrying or transportation of any firearms for hunting, target practice, trap shooting or any similar lawful purpose which now or hereafter may be permitted by law.
[Ord. No. 9-2-66]
No person shall go about from door to door, or place himself on streets, stores, public places or places to which the public is invited, to beg or solicit alms or charity; or wander abroad and beg or solicit alms or charity under the pretense of being or having been a member of the armed services, or wander abroad and lodge in taverns, public places or buildings, garages, barns, or other places, or in the open air, and not give a good account of himself; or not having sufficient property or means of support, live idle and not engage in some honest employment, or not provide for himself and family.
[Ord. No. 9-2-66]
No person shall enter any building or any public or private lands or cemeteries and break, injure or deface such building or any part thereof or the fences, out-houses or other property belonging to or connected with such building.
[Ord. No. 9-2-66]
No person shall hinder or obstruct any Township officer in the performance of his duties or willfully refuse or neglect to assist any Township officer when lawfully called upon by him to do so in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of escape or when such officer is resisted in the discharge of his duty, or resist or oppose any officer or person authorized by law in serving, attempting to serve any writ, bill, order or process or when making any arrest.
[Ord. No. 9-2-66]
No person shall unnecessarily obstruct any sidewalk, street or public place with any kind of vehicle or vehicles or with any kind of box or boxes, lumber, wood or other thing; but the provisions of this section shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor.
[Ord. No. 9-2-66]
No person shall ring any bell or sound any horn or make any public outcry in or upon any public highway for any public sale or auction or to advertise any goods, wares, or merchandise for sale or to attract any attention or to gain passengers for any cab, taxi, or omnibus; provided this shall not apply to an auctioneer conducting a legal public sale.
[Ord. No. 9-2-66]
No person shall intentionally, willfully, or maliciously destroy or injure any of the wires, posts, machines, bells, sirens, boxes, box or other apparatus of any fire alarm system or intentionally, willfully or maliciously interfere with the same or any part thereof, or hinder or impede any of the operations intended to be accomplished thereby, or intentionally cause or assist in causing a false alarm of fire or emergency to be given in any manner.
[Ord. No. 9-2-66]
No person shall willfully, wantonly, carelessly, recklessly or negligently run into or collide with any fire hydrant or fire apparatus so as to injure, damage or destroy the same.
[Ord. No. 9-2-66]
No person shall interfere with or hinder any member of any fire company or first aid squad while engaged in the performance of his duties or on practice duty, nor shall any person disobey any order of any firefighter while on active duty at any fire within the limits of the Township nor of any member of the first aid squad while on active duty; nor shall any person ride over or otherwise damage any fire hose, open any fire hydrant without written permission of the fire chief, his assistant, or official of the Stewartsville Water Company (except qualified firemen) or otherwise interfere with, damage or destroy any property or equipment of any fire company within the limits of the Township.
[Ord. No. 9-2-66; Ord. No. 2000-7]
No person shall enter upon or remain upon the lands or premises of another person, or upon the lands and premises of the Township of Greenwich or of any public or quasi-public body, knowing that he is not licensed or privileged to do so. No person shall enter or remain in any place as to which notice against trespass is given by actual communication to the actor, positing in a conspicuous manner, or by fencing or other enclosure manifestly designed to exclude intruders.
[Ord. No. 9-2-66]
No person shall enter upon any building or go upon the lands and premises of any public school and break, injure or deface such building or any part thereof, or the fences, outhouses, or other property belonging to or connected with such buildings or lands, and no person shall disturb the exercises of any public or private school, or molest or give annoyance to the children attending such school, or annoy any teacher therein.
[Ord. No. 9-2-66]
No person shall erect, construct or maintain any hanging signs without the lawful permission, or awnings or other similar structure from the streets or sidewalks of the Township which shall be so situated or constructed as to endanger public safety or obstruct the through passage of persons using or passing along such streets or sidewalks.
[Ord. No. 9-2-66]
No person shall use a loudspeaker or a sound wagon on the public streets or public places within the limits of the Township without making written application for a permit, setting forth the name and address of the person who is to operate said sound speaker or sound wagon and the purpose for which the same is to be used; the carrying distance of the said speaker or sound wagon, and then present the application in person to the Township Clerk.
The Police or Clerk shall cause an investigation to be made, and if satisfied that the granting of the permit will not constitute a nuisance in the Township and that the applicant and object for which the permit for use of the loudspeaker or sound wagon is sought, are not inimical to the peace and quiet of the Township, thereupon the Township Clerk shall issue a written permit to the applicant which permit shall specify therein, the tone to be used in broadcasting through the loudspeaker or sound wagon within the limits of the Township.
[Ord. No. 9-2-66]
No person shall fail and neglect to provide and use garbage cans with tight-fitting covers so that no nuisance may be created by said use, nor shall any person willfully upset garbage, trash cans on street or sidewalk, nor overload garbage or trash containers so that the gross weight exceeds 75 pounds.
[Ord. No. 9-2-66]
No person shall trespass upon any public place designated for the disposal of trash or garbage, nor set any fires in, upon or near these premises at any time or for any purpose whatsoever.
[Ord. No. 9-2-66]
No person shall distribute, deposit or leave on the public streets or highways, public places or private property or at any private place or places any medicine, medical preparation or preparations represented to cure any ailments or diseases of the body or mind, or any sample thereof or any advertisement or circulars relating thereto.
[Ord. No. 9-2-66]
No person shall remove, change, alter, obstruct, destroy, tap, shut off, or interfere in any way whatsoever with any water or sewer line or any utility or any mechanical device connected thereto on any property, either public or private, within the Township.
[Ord. No. 9-2-66]
No person shall start or maintain any brush fire.
[Ord. No. 9-2-66]
No person shall obtain food, lodging or other accommodation or service at a hotel, tavern, boardinghouse, restaurant or hospital with intent to defraud the owner or keeper thereof. Refusal or neglect to pay on demand or absconding without paying or offering to pay for such food, lodging or other accommodation or service shall be considered prima facie proof of fraudulent intent.
[Ord. No. 9-2-66]
All fines imposed and collected under and by virtue of this section shall be paid into the treasury of the Township.
[Ord. No. 9-2-66]
Any person who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing in this section prohibited, shall, upon conviction thereof be liable to the penalty contained in § 3-1.
[Ord. No. 9-2-66]
The Township Clerk shall maintain an adequate supply of this section printed in pamphlet form and shall furnish a copy thereof to all Township officials and all members of the public who shall desire a copy.
[Ord. No. 9-2-66]
Police Officers and all Special Police Officers shall have authority to arrest any person who violates any of the provisions of this section within his presence or sight, without first obtaining a warrant for the arrest, and to bring the violator forthwith before the Municipal Judge. In all cases where the violations are not committed in the presence or sight of the Police Officers, the persons witnessing the violation shall first make a sworn complaint before the judicial officer aforesaid who shall thereupon issue a warrant for the arrest and apprehension of the person charged with said offense. Police Officers may sign complaints on information and belief, provided they set forth the source of their information and the basis of their belief, when for any reason the person witnessing the violation refused to or does not sign a complaint.
[Ord. No. 1981-15; Ord. No. 1982-10]
No person under the age of 18 shall be permitted in any public place, street or property in the Township between the hours of 7:00 p.m. and 6:00 a.m. of each and every day during the period of October 29 to November 1 inclusive, of each year unless such person shall during such hours be returning home from work, night school, fraternity or church or school meetings or en route to or returning from a doctor's or dentist's office where treatment is to be rendered or has been rendered, or is accompanied by his parent or guardian over 20 years old.
[Ord. No. 1992-6]
[Ord. No. 2000-7]
[Ord. No. 12-2-77; Ord. No. 1992-5]
As used in this section:
DRINKING
Consuming or holding an open or partly consumed container of alcoholic beverage of any nature, or having in one's possession an open or partly consumed container of alcoholic beverage of any nature.
PUBLIC PLACE
Any place to which the public has access and 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, 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.
[Ord. No. 12-2-77; Ord. No. 1992-5; Ord. No. 2000-7]
a. 
No person shall drink any alcoholic beverage in any public place nor hold or possess any open container or partly consumed container of alcoholic beverage of any nature.
b. 
A person shall not drink an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not drink an alcoholic beverage while the motor vehicle is being operated. This subsection shall not apply to a passenger of a charter or special bus operated as defined under N.J.S.A. 48:4-1 or an autocab, limousine or livery service.
[Ord. No. 1992-5]
A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the individual may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken or a container such as a glass or cup.
[Ord. No. 1992-5]
a. 
This section shall not apply to an owner of private property and his guests, or to a business holding a valid retail plenary alcoholic beverage consumption license provided further that such activity is in accordance with the rules and regulations prescribed by the Department of Alcoholic Beverage Control of the State of New Jersey.
b. 
The prohibition of drinking of alcoholic beverages as described herein shall not apply where a permit to drink alcoholic beverages was issued by the appropriate Township authorities.
[Ord. No. 1992-5]
a. 
The penalty for a violation of this section shall be assessed pursuant to the general penalty provisions of the Township Ordinances contained in § 3-1.
[Ord. No. 1992-4]
The Township Committee may upon a majority vote issue a one-day permit for the consumption of alcoholic beverages in the various public parks within the Township during the hours said park is open to the public, said permit does not permit the sale of any alcoholic beverages.
The fee for said permit shall be $10; the fine for a violation of this section shall be a fine imposed by the Municipal Court of up to $500; the permit holder shall indemnify and hold harmless the Township for any liability which may occur, including but not limited to costs of defense and attorney's fees; the permit may be revoked by a Township Police Officer for a violation of this section.
[Ord. No. 2013-02]
Notwithstanding any ordinance to the contrary, the Township Committee may, upon a majority vote, permit the sale and consumption of alcoholic beverages for the annual Township Community Day on Greenwich Township School District property, provided that the sale and consumption of alcohol is confined to the specific outdoor pavilion or tent in which alcohol is made available, consent is obtained from the Greenwich Township Board of Education, and all required permits from the State of New Jersey Division of Alcoholic Beverage Control are obtained.
[1]
Prior ordinance history includes portions of Ordinance Nos. 4-4-1969, 1995-11 and 2000-7.
[Ord. No. 2006-15]
It is hereby declared that there exist in the Township of Greenwich structures used for residential and nonresidential purposes which are or may become in the future substandard with respect to structure, equipment or maintenance and, further, that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of the exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Greenwich. It is further declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of causing blight and initiating slums, that, if the same are not curtailed or removed, such conditions may grow and spread and necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by the adoption of the regulations and restrictions herein contained, slums and blight may be prevented and neighborhood and property values may be maintained and upgraded, nonresidential uses and neighborhoods may be better maintained and the public health, safety and welfare may be protected and fostered.
[Ord. No. 2006-15]
The purpose of this section is to establish minimum standards governing the conditions, maintenance and appearance of buildings and premises in the Township of Greenwich used or intended to be used for residential and nonresidential occupancy; to establish minimum standards governing utilities, facilities and other physical equipment essential to make the aforesaid buildings and premises safe and sanitary; to fix responsibilities and duties of owners and occupants of buildings; to authorize the inspection of buildings and premises; and to fix penalties for violations.
[Ord. No. 2006-15]
The provisions of this section shall constitute the standards to guide the enforcement officer in determining whether the premises are being maintained in such condition as to constitute and produce a blighting effect upon neighboring properties and to cause a progressive deterioration and downgrading of neighborhood properties with an accompanying diminution of neighborhood property values.
[Ord. No. 2006-15]
a. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
b. 
Definitions. As used in this section, the following terms shall have the meanings assigned to them unless a different meaning clearly appears from the context. All definitions of the BOCA Basic Building Code are hereby included.
BATHROOM
Any enclosed space which contains a water closet and shall also contain one or more of the following: bathtub, shower, lavatory or fixtures serving similar purposes.
BUILDING
Any building or structure or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually utilized in connection therewith.
DETERIORATION
The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other substantial evidence of physical decay, neglect, lack of maintenance or excessive wear.
ENFORCEMENT OR ENFORCING OFFICER
The Property Maintenance Officer created by § 3-4.14; if the position of Property Maintenance Officer is not occupied or is otherwise vacant, the Zoning Officer of the Township or a designee duly appointed by the Township Clerk.
[Amended by Ord. No. 2015-07]
EXPOSED TO PUBLIC VIEW
Any premises or part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway or parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES
1. 
Any part of the premises not occupied by any building.
2. 
Any open space on the outside of any building.
3. 
Any part of any building which is exposed to the elements.
EXTERMINATION
The control and elimination of insects, rodents and vermin, whether by eliminating their harborage places or by removing or making inaccessible material that may serve as their food or by poisoning, spraying, fumigating, trapping or any other legal means of pest elimination.
GARBAGE
The animal and vegetable matter or other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.
HAZARD
Includes but is not limited to the following:
1. 
Natural growth: dead and dying trees, limbs and other natural growth not including tree lines used for property boundary purposes which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof.
2. 
Overhangs: loose, overhanging and projecting objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger to persons in the vicinity thereof.
3. 
Ground surface conditions: holes, excavations, breaks, heaps of material, ungraded fill, projections, traps and obstructions on paths, sidewalks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.
4. 
Recurring accumulation of stormwater: inadequate running off or recurrent accumulations of stormwater due to lack of or improper installation or maintenance of drains.
5. 
Sources of infestation: conditions conducive to the breeding or harboring of insects, rodents, vermin or pests.
6. 
Defective foundation walls: holes, breaks, deterioration, undermining or any damage in foundation walls rendering the same incapable of safely bearing all imposed loads placed thereon or of excluding weather, vermin and other pests.
7. 
Defective chimneys, flues and vent attachments thereto: chimneys, flues and vent attachments not structurally sound or free from defects, or inadequately designed, attached or maintained, so as to perform capably at all times the functions for which they were designed and constructed; chimneys, flues, gas vents and other draft-producing equipment which do not provide sufficient draft to develop the rated output of the connected equipment or are not structurally safe, durable, smoke-tight or capable of withstanding the action of flue gases.
8. 
Defective exterior porches, landings, balconies, stairs and fire escapes: exterior porches, landings, balconies, stairs and fire escapes which are not provided with banisters or railings properly designed, not structurally sound or maintained in good repair, painted or not otherwise provided with a protective treatment to prevent deterioration.
INFESTATION
The presence on or within the premises of insects, rodents, vermin or pests.
LITTER
Includes, but without limitation, discarded, windblown, deposited, dropped or strewn paper wrappings, cardboard, bottles, cans, boxes and broken glass and all foreign materials defacing the surface of premises subject thereto.
MIXED OCCUPANCY
The use of any building for both residential and nonresidential purposes.
NUISANCE
1. 
Any public nuisance known at common law or as defined by the statutes of the State of New Jersey or by the ordinances of the Township of Greenwich.
2. 
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to: abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation, such as poison ivy, oak, or sumac, which may prove hazardous for inquisitive minors but not including tree lines used for property boundary purposes.
3. 
Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
4. 
Overcrowding of a room with occupants in violation of this code.
5. 
Insufficient ventilation or illumination in violation of this code.
6. 
Inadequate or unsanitary sewage or plumbing facilities in violation of this Code.
7. 
Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code.
8. 
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
9. 
Fire hazards.
OCCUPANT
Any person or persons, including the owner, in actual possession of and using an entire building or an occupancy unit in a building.
OPERATOR
Any person, including the owner, who has care or control of the premises or any part thereof.
OWNER
The holder or holders of all or part of the title to the premises.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building or premises and any who are in actual possession thereof.
PERSON
Any individual, firm, corporation or other legal entity, and also a political subdivision of a state or the United States.
PREMISES
A lot, plot or parcel of land, whether or not the same has buildings situated thereon, not including Township-owned land or buildings.
PUBLIC AUTHORITY
The person or persons who are authorized by the codes and ordinances of the Township of Greenwich to exercise powers prescribed therein.
REFUSE
Any rotting or spoiling foodstuffs, fruits or vegetables and all putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, litter, dead animals, abandoned automobiles and solid market and industrial wastes, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish and debris of any description.
RUBBISH
All combustible and noncombustible waste materials except garbage.
STRUCTURE
Any assembly of materials forming a construction, including but not limited to buildings, stadiums; gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.
TRANSLUCENT
The property of admitting the passage of light but diffusing it so that objects cannot be clearly distinguished.
WEATHERING
The deterioration, decay or damage caused by exposure to the elements.
WINDOW
An opening in the wall or roof of a building for the admission of light or air, which opening may be closed to the elements by casements or sashes containing glass or other transparent or translucent materials.
WINDOW DISPLAY AREA
That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business conducted therein.
c. 
Meanings of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as one person and to females as well as males and to bodies corporate and partnerships as well as individuals and to several matters and things as well as one matter or thing.
[Ord. No. 2006-15]
a. 
Each and every lot and building thereon located in the Township of Greenwich, intended use or design shall comply with the provisions of this section, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this section and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises or for the construction, alteration or repair of equipment or facilities therein or thereon prior to the effective date of this section. This section establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises and equipment or facilities contained therein or thereon.
b. 
Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this section and all other ordinances and codes of the Township of Greenwich.
c. 
In any case where a provision of this section is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the Township as it relates to such buildings and premises, including provisions governing the issuance of licenses and permits, the provision which establishes the higher standard for the promotion and protection of health and safety shall prevail and be applied.
d. 
Nothing in this section shall be construed to abrogate or impair the powers of any department or official of the Township to enforce the provisions of any Township ordinance or regulation or to prevent or punish any violation thereof.
[Ord. No. 2006-15]
a. 
Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in subsections 3-4.7, 3-4.8, 3-4.9, 3-4.10 and 3-4.11 inclusive, and in the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.
b. 
Occupant. Occupants shall have all the duties and responsibilities prescribed in subsections 3-4.7, 3-4.8, 3-4.9, 3-4.10 and 3-4.11 and in all regulations promulgated pursuant thereto, and the occupant shall not be relieved of any such duties or responsibilities by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.
c. 
Contract not to alter responsibilities. The respective duties and responsibilities imposed hereunder on the owner, operator and occupant shall not be altered or affected by any agreement or contract to which one or more of them is or are a party or parties.
[Ord. No. 2006-15]
The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians, and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:
a. 
Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris, but not including tree lines used for property boundary purposes.
b. 
Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. Natural growth does not include tree lines used for property boundary purposes.
c. 
Overhangings. Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
d. 
Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
e. 
Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
f. 
Sources of infestation.
g. 
Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
h. 
Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
i. 
Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free from defects.
j. 
Aboveground and in-ground swimming pools. All aboveground and in-ground swimming pools shall be kept structurally sound, in good repair, free from defects and include appropriate fencing surrounding the entire pool.
[Added by Ord. No. 2013-05]
[Ord. No. 2006-15]
The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners, including the following:
a. 
Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial uses unless permitted under the Township of Greenwich Zoning Ordinances for the premises.
b. 
Landscaping. Premises with landscaping and lawns, hedges, and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
c. 
Reconstructed walls and sidings. Reconstructed walls and sidings of nonresidential structures shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practice and standards will depreciate the values of the neighboring and adjoining premises as aforesaid.
d. 
General maintenance. The exterior of every structure, or accessory structure, including fences, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties protected from blighting influences. A periodic (every month) exterminating service shall be maintained in all multiple-family dwellings.
[Ord. No. 2006-15]
a. 
The outside building walls shall not have any holes, loose boards or any broken, cracked or damaged finish, which admits rain, cold air, dampness, rodents, insects or vermin.
b. 
Every dwelling shall be so maintained as to be weather- and watertight.
c. 
Basements, cellar and crawl spaces shall be free of moisture resulting from seepage, and cross ventilation shall be required where necessary to prevent accumulations of moisture and dampness, and shall be paved with stone or concrete not less than four inches thick and shall be maintained at all times in a condition so as to be smooth, clean and free from cracks, breaks and other hazards.
d. 
All parts of the premises shall be maintained so as to prevent infestation.
e. 
All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisance and free from health, safety and fire hazards.
f. 
Every roof, roof gutter, flashing, rainwater conductor and roof cornice shall be weather- and rain tight and shall be kept in good repair.
g. 
Every multifamily dwelling, residential dwelling or commercial establishment shall have installed and in working order a minimum of at least one smoke detector per family unit in addition to any other detectors required by the regulations adopted and promulgated by the New Jersey Department of Community Affairs in accordance with the authority and power of law invested in it by N.J.S.A. 55:13A-1. The above must be installed and in working condition in order for any certificate of occupancy required elsewhere in this Code to be issued.
[Ord. No. 2006-15]
a. 
Garbage removal. The owner or operator shall have the duty and responsibility of removing garbage wherever a janitor is required for the premises in accordance with paragraph c.
b. 
Storage areas. All accumulation of trash and debris shall be removed daily from collection areas and trash chutes, if the trash compactor is out of order. In dwellings containing four or more dwelling units, storage areas or storage bins of fireproof construction and containing fireproof walls and partitions of at least two hours' rating shall be provided.
c. 
Janitorial service. In every dwelling containing three or more dwelling units or rooming units or a combination thereof, the owner shall provide or designate a superintendent, janitor, caretaker or housekeeper, who shall at all times maintain the premises in compliance with this Code and keep the premises free from any filthy garbage, refuse and rubbish and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule and at a reasonable time and place the same out for collection. Said person shall be regularly available on the premises to perform the foregoing duties and, in the case of complexes of 50 or more units, shall reside on the premises. In the event that said superintendent, janitor, caretaker or housekeeper shall not reside in said premises, the owner or operator shall make his name, address and telephone number known to all tenants and shall register the same with the public officer and shall also make available and known to all tenants and public officer the name of an alternative individual who shall be responsible at all times during the absence of said superintendent, janitor, caretaker or housekeeper. The failure of any superintendent, janitor, caretaker or housekeeper to comply with the provisions of this code, even in disobedience of instructions, shall not relieve the owner or operator from the duties and responsibilities imposed by this code. Additionally, the owner or operator shall register the name, address and telephone number of said owner or operator with the public officer.
d. 
Heating and air conditioning. Premises whose lease or expressed or implied covenants cognizable at common law or in equity or as provided by the statutes of the State of New Jersey shall include air conditioning from May 2 until September 14 at a temperature of 74°. Central heat shall be required in all residential and dwelling units from September 15 to May 1 at a temperature of 68°.
e. 
Maintenance contracts. All apartment buildings of four or more stories shall have twenty-four-hour maintenance contracts to prevent elevators being out of service for an excessive length of time.
[Ord. No. 2006-15]
a. 
Floors and supporting structural members shall be maintained in a structurally sound condition, and there shall not be imposed thereon any load which shall constitute a hazard or exceed the safe limits for which said floor was designed.
b. 
Bathroom floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.
c. 
In buildings containing not more than four occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until the removal of all garbage and rubbish and to provide for the regular and periodic removal of all garbage and rubbish from the premises.
d. 
Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:
1. 
Such rubbish is stored in watertight containers of metal or other material approved by the enforcing officer.
2. 
Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.
3. 
Such areas, if located outside a building and visible from any public walk, street or public parking area, are shielded by a method approved by the enforcing officer and constructed in compliance with the applicable provisions of the Uniform Construction Code of the Township of Greenwich.
e. 
Except in compliance with regulations of the Department of Public Works relating to collection procedures, rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or not nearer to the street line than the face of the building, whichever distance from the street line is the greater.
f. 
Flammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by the Fire Department and then only in such quantities as may be prescribed by applicable Fire Department directives or regulations.
g. 
Every occupant of an occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises. In addition to the foregoing provision of this subsection, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pest proof condition, extermination shall be the responsibility of the owner and operator.
[Ord. No. 2006-15]
a. 
Every building shall be provided with electric service, where required, in accordance with the applicable codes from time to time adopted by the Township.
b. 
Every bathroom shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electric shock from a simultaneous contact with a water-supply fixture.
c. 
Maximum fuse or circuit breaker sizes are specified by the National Electrical Code, as amended from time to time, and shall be posted conspicuously on the inside cover of all fuse or circuit breaker boxes, and no fuse or circuit breaker shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse and circuit breaker sizes where the correct maximum size is stated and the fuse or circuit breaker box is located within any part of the building which is in the exclusive possession of an occupant or occupants other than the owner.
[Ord. No. 2006-15]
a. 
Upon discovery by an occupant of any condition on the premises which constitutes a violation of this section, the occupant shall report the same to the Clerk of the Township of Greenwich.
b. 
All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsafe or unsanitary or which would prevent the owner or operator from performing any duty required hereunder.
[Ord. No. 2006-15; amended by Ord. No. 2015-07]
a. 
The purpose of this section is to create the position of Property Maintenance Officer. The Property Maintenance Officer is the person duly designated to act as an officer under the provisions of this section, by the Township committee of the Township of Greenwich. The Property Maintenance Officer shall enforce the provisions of this section, and report directly to the Township Committee liaison, and otherwise follow the terms set forth herein, specifically to make inspections, prepare and serve notices and orders and take all action necessary to secure compliance with the provisions of this section. The Property Maintenance Officer shall seek and receive the cooperation of all other Township departments having concurrent jurisdiction over the matters of this section.
b. 
If the position of Property Maintenance Officer is not occupied or is otherwise vacant, the Zoning Officer of the Township of Greenwich is hereby designated and appointed to enforce the provisions of this section as the Property Maintenance Officer, with all powers set forth herein, until such time as a successor Property Maintenance Officer is appointed. The Police Department also retains all ability to enforce all provisions of the Property Maintenance Code, and that enforcement power is not affected by anything contained herein.
[Ord. No. 2006-15]
a. 
All premises within the Township of Greenwich covered by this section shall be subject to inspection from time to time by the Property Maintenance Officer, Clerk of the Township of Greenwich or their designee to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying and using the same and of the general public.
[Amended by Ord. No. 2015-07]
b. 
For the purpose of making such inspections, the enforcing officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such a manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the enforcing officer free access to the same at all reasonable times for the purpose of such inspections. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this section or with any lawful rules or regulations adopted or any lawful order issued pursuant to the provisions of this section.
[Ord. No. 2006-15]
Where the enforcing officer makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety or health of occupants of or persons in proximity to the premises, he may order and direct that the premises be vacated immediately and that signs or notices be posted prohibiting occupancy thereof.
[Ord. No. 2006-15; amended by Ord. No. 2013-05; Ord. No. 2015-07]
The owner or tenant of lands lying within the corporate limits of the Township is hereby required, within 10 days after receipt by such owner or tenant of written notice from the Property Maintenance Officer or Clerk of the Township of Greenwich, to:
a. 
Remove or cause to be removed from such lands any structure, brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash, debris and solid waste set forth in the notice;
b. 
Repair any exterior of the premises and/or repair any structure set forth in the notice so as to not be in violation of this section; and
c. 
Take corrective action to bring into compliance every violation identified in the notice.
[Ord. No. 2006-15; amended by Ord. No. 2015-07]
Notice to the owner or tenant, to cause the removal of the substances referred to in the preceding section, may be served upon any such owner or tenant either personally or by certified mail at the address to which tax bills are sent; and, if by the latter method, the ten-day period within which such removal shall be accomplished shall be deemed to have commenced to run from the date of the return receipt of such certified mail obtained by the postal authority for the delivery of such certified notice. Every such notice shall, in addition to requiring the removal aforesaid, warn the owner or tenant of the lands to which such notice refers that failure to accomplish such removal within the time stated therein will result in removal by or under the direction of the Property Maintenance Officer or Clerk of the Township of Greenwich; and the cost of such removal shall be charged to the owner or tenant of such lands and shall be payable to the Township of Greenwich within 30 days after the date of submission of the charges. Unless such charges are paid within the thirty-day period, the costs aforesaid shall become a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.14 and enforced by the same officers and in the same manner as taxes.
[Ord. No. 2006-15; amended by Ord. No. 2015-07]
Whenever the owner or tenant of such lands within the Township, receiving the notice provided for by the preceding section to remove from such lands any of the substances hereinbefore mentioned, shall fail and neglect, within the time prescribed in the notice, to effect removal of such substances, such removal shall be accomplished by or under the direction of the Property Maintenance Officer or Clerk of the Township of Greenwich. An accurate record of the costs of such removal to the Township shall be determined by the Property Maintenance Officer or Clerk of the Township of Greenwich, who shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 2006-15; amended by Ord. No. 2013-05; Ord. No. 2015-07]
Any person who shall violate any of the provisions of this section or fail to comply with any notice given by the Property Maintenance Officer or Clerk of the Township of Greenwich or other official of the Township shall, upon conviction, be liable to the penalty stated in § 3-1. Any such penalty shall be in addition to the costs of removing the substances hereinbefore referred to upon the lands described in the notice given by the Property Maintenance Officer or Clerk of the Township of Greenwich.
[Ord. No. 2015-04]
[Ord. No. 2015-04]
a. 
Except as provided in N.J.S.A. 55:19-83, any property that has not been legally occupied for a period of six months and which meets any one of the following criteria may be deemed to be abandoned property upon a determination by the Property Maintenance Officer or his/her designee appointed by the Township Administrator, pursuant to N.J.S.A. 40:48-2.5, that:
1. 
The property is in need of rehabilitation in the reasonable judgment of the Property Maintenance Officer, pursuant to N.J.S.A. 40:48-2.5, and no rehabilitation has taken place during that same six-month period.
2. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months.
3. 
At least one installment of property tax remains unpaid and delinquent on that property as of the date of a determination.
4. 
The property has been determined to be a nuisance by the Property Maintenance Officer, for one or more of the following reasons:
(a) 
The property has been found to be unfit for human habitation, occupancy or use pursuant to N.J.S.A. 40:48-2.3.
(b) 
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties.
(c) 
The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the municipality has secured the property in order to prevent such hazards after the owner has failed to do so.
(d) 
The presence of vermin or the accumulation of debris, including junk, litter, trash, newspapers, circulars, flyers, mailers or uncut, overgrown or neglected vegetation, or physical deterioration of the structure or grounds has created potential health and safety hazards and the owner has failed to take reasonable and necessary measures to remove the hazards.
(e) 
The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property and the owner has failed to take reasonable and necessary measures to remedy the conditions.
(f) 
Disconnected gas, electric or water utility services to the property.
(g) 
Accumulation of hazardous, noxious or unhealthy substances or materials on the property.
(h) 
Any other reasonable indicia of abandonment.
b. 
A property which contains both residential and nonresidential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq. so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Property Maintenance Officer.
[Ord. No. 2015-04]
a. 
The Property Maintenance Officer shall identify abandoned property within the Township of Greenwich for the purpose of establishing an abandoned property list. The abandoned property list shall include, for each abandoned property identified, the tax block and lot number, the name of the owner of record, if known, the street address of the lot and the date added to the list. The Property Maintenance Officer may add properties to the abandoned property list at any time, and may delete properties at any time when he or she finds that the property no longer meets the definition of an abandoned property.
b. 
An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A property on which an entity other than the Township of Greenwich has purchased or taken assignment from the Township of a tax sale certificate which has been placed on the abandoned property list may be removed if the owner of the certificate pays all municipal taxes and liens due on the property within 30 days after the property is placed on the list; provided, however, that if the owner of the certificate fails to initiate foreclosure proceedings within six months after the property was first placed on the list, the property shall be restored to the abandoned property list in accordance with the provisions of N.J.S.A. 55:19-103.
c. 
The Property Maintenance Officer shall establish the abandoned property list, after which a notice of violation will be sent, certified mail, return receipt requested, and by regular mail, to the owner of record and any stakeholder. The notice of violation shall identify the property determined to be abandoned, setting forth the owner of record and any stakeholder, if known, the tax lot and block number, the street address and the date the property was added to the list. The Property Maintenance Officer, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64(d). When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner as provided in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual basis for the finding of the Property Maintenance Officer, that the property is abandoned as that term is defined herein and in N.J.S.A. 55:19-54, and shall specify the information relied upon in making such finding. In all such cases, a copy of the mailed or posted notice shall also be filed by the Property Maintenance Officer in the office of the Warren County Clerk. This filing shall have the same force and effect as a formal notice under N.J.S.A. 2A:15-6. The notice shall be captioned with the name of the Township of Greenwich as "plaintiff" and the name of the property owner as "defendant" as though an action had been commenced by the Township against the owner.
d. 
An owner or lienholder may challenge the inclusion of his property on the abandoned property list by appealing that determination to the Township Administrator within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the Property Maintenance Officer shall have 40 days from the date upon which notice was posted, whichever is later, to challenge the inclusion of a property on the abandoned property list. For good cause shown, the Township Administrator may accept a late filing of an appeal. Within 30 days of receipt of a request for an appeal of the findings contained in the notice, a hearing shall be scheduled for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification asserting that the property is not an abandoned property, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation, such as, but not limited to, photographs, repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined herein and in N.J.S.A. 55:19-54. The Township Administrator shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
e. 
The property owner may challenge an adverse determination of an appeal, in accordance with the New Jersey Court Rules, in a summary trial proceeding in the Superior Court, Warren County. Such action shall be instituted within 20 days of the date of the notice of decision. The sole ground for appeal and new hearing before the Superior Court shall be that the property in question is not an abandoned property as that term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
f. 
The Township shall promptly remove any property from the abandoned property list that has been determined by the Township Administrator or on appeal not to be abandoned and may, in its discretion, remove properties from said list whenever he deems such removal appropriate under the circumstances.
g. 
The abandoned property list shall become effective, and the Township of Greenwich shall have the right to pursue any legal remedy with respect to properties on the list, at any time after at least one property has been placed on the list and following the expiration of the period for appeal with respect to that first property or upon the denial of an appeal brought by the property owner of that first property.
[Ord. No. 2015-04]
a. 
Any interested party may submit a written request to the Township asserting that any property within the Township of Greenwich should be included on the abandoned property list. The written request must specify the street address and block and lot number of the property to be included and the grounds for its inclusion. Within 30 days of receipt of any such request, the Township shall provide a written response to the party, either indicating that the property will be added to the list or, if not, the reasons for not adding the property. For the purposes of this section, the term "interested parties" shall include any resident of the Township of Greenwich, any owner or operator of a business within the Township of Greenwich or any organization representing the interests of residents or business owners or otherwise engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.
b. 
Any interested party may participate in a redetermination hearing regarding the inclusion of a property on the abandoned property list. Upon written request by any interested party, the Township Administrator shall provide that party with at least 20 days' notice of any such hearing. The party shall provide the Township with notice, at least 10 days before the hearing, of its intention to participate and the nature of the testimony or other information that it proposes to submit at the hearing.
[Ord. No. 2015-04]
a. 
An owner may request removal of their property from the abandoned property list prior to sale of the tax sale certificate by paying all taxes and Township liens due, including interest and penalties, and:
1. 
By posting cash or a bond equal to the cost of remediating all conditions because of which the property has been determined to be abandoned pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover the cost of any environmental cleanup required on the property, evidenced by a certification by a licensed engineer retained by the owner and reviewed and approved by the Township stating that the cash or bond adequately covers the cost of the cleanup; or
2. 
By demonstrating to the satisfaction of the Township that the conditions rendering the property abandoned have been remediated in full; provided, however, that where the Administrator finds that the owner is actively engaged in remediating the conditions because of which the property was determined to be abandoned, as evidenced by significant rehabilitation activity on the property, the owner may be granted an extension of time of not more than 120 days for the owner to complete all work, during which time no further proceedings will be taken against the owner or the property.
b. 
If the owner has posted cash or a bond in order to have a property removed from the abandoned property list and the conditions because of which the property was determined to be abandoned have not been fully remediated within one year of the date of posting the cash or bond, or, in the case of a property which requires a remediation of any known, suspected or threatened release of contaminants, if the owner has failed to enter into a memorandum of agreement with the New Jersey Department of Environmental Protection or an administrative consent order, as the case may be, or if an agreement or order is in effect but the owner has failed to perform the remediation in conformance with the agreement or order, then the cash or bond shall be forfeited to the Township, which shall use the cash or bond and any interest which has accrued thereon for the purpose of demolishing or rehabilitating the property or performing the environmental remediation. Any funds remaining after the property has been demolished, rehabilitated or cleaned up shall be returned to the owner.
[Ord. No. 2015-04]
a. 
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions of any other law to the contrary, if a property is included on the abandoned property list and the property taxes or other Township liens due on the property are delinquent for six or more quarters as of the date of expiration of the right to appeal the property's inclusion on the list or, if an appeal has been filed, as of the date that all opportunities for appeal of inclusion on the list have been exhausted, then the tax lien on the property may be sold in accordance with the procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration of that time of appeal or final determination on an appeal.
b. 
The Township of Greenwich may, at its option, require that the sale of the tax sale certificate or any subsequent assignment or transfer of a tax sale certificate held by the Township be subject to the express condition that the purchaser or assignee shall be obliged to perform and conclude any rehabilitation or repairs necessary to remove the property from the abandoned property list pursuant to N.J.S.A. 55:19-55 and to post a bond in favor of the Township to guarantee the rehabilitation or repair of the property. The Township Committee may waive a requirement to post a bond imposed by the Township for any purchaser, assignee or transferee of a tax sale certificate that provides documentation acceptable to the Township Committee that the purchaser, assignee or transferee is a qualified rehabilitation entity as defined in N.J.S.A. 55:19-80. The cost of rehabilitation and repairs and the cost of the bond shall be added to the amount required to be paid by the owner for redemption of the property. The purchaser, assignee or transferee of the tax sale certificate who is required to rehabilitate and repair the property shall be required to file the appropriate affidavits with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing the amounts of monies expended periodically toward the rehabilitation or repair of the property. A purchaser, assignee or transferee shall be entitled to interest on the amounts expended, as set forth in the affidavits, at the delinquent rate of interest for delinquencies in excess of $1,500 in effect for the time period when the amounts were expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser, assignee or transferee, with the authority of the Township of Greenwich, shall be permitted to enter in and upon the property for the purposes of appraising the costs of rehabilitation and repair and to perform all other acts required to guarantee the completion of the rehabilitation or repair of the property. No rehabilitation or repair work shall be commenced, however, until proof of adequate liability insurance and an indemnification agreement, holding the Township of Greenwich harmless, have been filed with the Township Clerk.
c. 
If the Township of Greenwich acquires the tax sale certificate for a property on the abandoned property list, then, upon 10 days' written notice to the property owner and any mortgagee as of the date of the filing of the notice pursuant to N.J.S.A. 55:19-55, the Township shall be permitted to enter upon the property and remediate any conditions that caused the property to be included on the abandoned property list. No remediation shall be commenced, however, if, within that ten-day period, the owner or mortgagee shall have notified the Township in writing that the owner or mortgagee has elected to perform the remediation itself. When the owner or mortgagee elects to perform the remediation itself, it shall be required to post bond in favor of the Township of Greenwich in order to ensure performance. The amount and conditions of the bond shall be determined by the Township Committee.
d. 
The cost of remediation incurred by the Township of Greenwich, as so certified by the entity incurring the cost upon completion of the remediation, shall constitute a lien upon the property first in time and right to any other lien, whether the other lien was filed prior to or after the filing of any lien by the Township, except for Township taxes, liens and assessments and any lien imposed pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., together with any interest thereon. The certification of cost shall be filed and recorded as a lien by the entity incurring the cost with the Warren County Clerk.
e. 
The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to this section shall be considered a public purpose and public use, for which the power of eminent domain may be lawfully exercised.
[Ord. No. 2015-04]
a. 
The Township of Greenwich may hold special tax sales with respect to those properties eligible for tax sale pursuant to N.J.S.A. 54:5-19 which are also on the abandoned property list.
b. 
The Township Administrator shall establish criteria for eligibility to bid on properties at the sale, which may include, but need not be limited to:
1. 
Documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Township plans and regulations; and commitments by the bidder to rehabilitate or otherwise reuse the property, consistent with Township plans and regulations;
2. 
Commitments by the bidder to take action to foreclose on the tax lien by a date certain; and
3. 
Such other criteria, as may be determined, if necessary to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest.
c. 
The Township may establish minimum bid requirements for a special tax sale that are less than the full amount of the taxes, interest and penalties due, to help ensure that the properties will be rehabilitated or otherwise utilized in a manner consistent with the public interest.
d. 
The Township has the ability to combine properties in said special tax sale into bid packages, and require that bidders place a single bid on each package, rejecting any and all bids on individual properties that are submitted.
e. 
The Township may sell properties subject to the provision that if the purchaser fails to carry out any commitment that has been set forth as a condition of sale, or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the Township, and any amount paid by the purchaser at the special tax sale shall be forfeit to the Township.
f. 
In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Township may designate the unsuccessful qualified bidder whose bid was closest to the successful bid as an eligible purchaser. In the event that the selected purchaser of that property or bid package fails to meet any of the conditions of sale established by the Township pursuant to this section and their interest in the property or properties reverts to the Township, the Township may subsequently designate the entity previously designated as an eligible purchaser as the winning bidder for the property or properties and assign the tax sale certificates to that entity on the basis of that entity's bid at the special tax sale, subject to the terms and conditions of the special tax sale.
g. 
The Township of Greenwich shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the Township pursuant to this section. Nothing shall prohibit the Township from holding a special tax sale on the same day as a standard or accelerated tax sale.
[Ord. No. 2015-04]
a. 
When a person or entity other than the Township of Greenwich acquires a tax sale certificate for a property on the abandoned property list at tax sale, the purchaser may institute an action to foreclose the right of redemption at any time after the expiration of just six months following the date of the sale of the tax sale certificate.
b. 
When the Township of Greenwich is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, an action to foreclose the right of redemption may be instituted in accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
c. 
After the foreclosure action is instituted, the right to redeem shall exist and continue to exist until barred by the judgment of the Superior Court; provided, however, that no redemption shall be permitted except where the owner:
1. 
Posts cash or a bond equal to the cost of remediating the conditions because of which the property was determined to be abandoned pursuant to N.J.S.A. 55:19-56, as determined by the court; or
2. 
Demonstrates to the court that the conditions because of which the property was determined to be abandoned have been remedied in full.
[Ord. No. 2015-04]
a. 
If an entity other than the Township of Greenwich has purchased or taken assignment from the Township of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be added to the abandoned property list under the following limited circumstances:
1. 
The owner of the certificate continued to pay all Township taxes and liens on the property in the tax year when due; and
2. 
The owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure pursuant to either Subsection a or Subsection b of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b. 
A property used on a seasonal basis shall be deemed abandoned only if it meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.
c. 
A determination that a property is abandoned property under the provisions of this section and N.J.S.A. 55:19-78 et seq. shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
d. 
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to Subsection b of N.J.S.A. 54:5-86, the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
[Ord. No. 2015-04]
a. 
A summary action or other action to transfer possession and control of abandoned property in need of rehabilitation to the Township of Greenwich may be brought by the Township in the Superior Court, Warren County. If the court shall find that the property is abandoned, and that the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the court may authorize the Township to take possession and control of the property and to develop its own rehabilitation plan for the property.
b. 
Where the Township has been granted possession and control, the Township may commence and maintain further proceedings for the conservation, protection or disposal of the property, or any part thereof, that are required to rehabilitate the property, recoup the cost and expenses of rehabilitation, and for the sale of the property; provided, however, that the court shall not direct the sale of the property if the owner applies to the court for reinstatement of control and possession of the property as permitted by N.J.S.A. 55:19-92.
c. 
Failure by the owner, mortgage holder or lienholder to submit a plan for rehabilitation to the Township, obtain appropriate construction permits or, in the alternative, submit formal applications for funding the cost of rehabilitation to local, state or federal agencies providing such funding, within the initial six-month period, shall be deemed clear evidence that the owner has failed to take any action to further the rehabilitation of the property.
d. 
An owner may defend against a complaint filed pursuant to N.J.S.A. 55:19-84 by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the Township to be the projected cost of rehabilitation.
e. 
Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the court provides the owner with an extension of time for good cause shown. A plan submitted by an owner pursuant to this section shall include, but not be limited to:
1. 
A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;
2. 
A budget for the rehabilitation of the property, including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;
3. 
A timetable for the completion of rehabilitation and reuse of the property, including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and
4. 
Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.
f. 
Where the court approves the rehabilitation plan of the owner or other party in interest, then it may appoint the Township Committee to act as monitor of compliance and progress. If the owner fails to carry out any step in the approved plan, then the Township may apply to the court to have the posted bond forfeited, to transfer possession of the building to the Township to complete the rehabilitation plan, and to grant authorization to use the bond proceeds for the rehabilitation. The owner or other party in interest shall provide bimonthly reports to the Township on its activities and progress toward rehabilitation and reuse of the property.
g. 
If an owner is unsuccessful in defending against a complaint filed pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may seek to be designated in possession of the property by submitting a plan and posting a bond meeting the same conditions as set forth in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days following the court's rejection of the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder or lienholder's plan, it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation.
h. 
The mortgage holder or lienholder, as the case may be, shall provide bimonthly reports to the court and the Township on its activities and progress toward rehabilitation and reuse of the property. If the mortgage holder or lienholder fails to carry out any material step in the approved plan, then the Township Solicitor shall notify the court, which may order the posted bond forfeit, grant the Township possession of the property, and authorize the Township to use the proceeds of the bond for rehabilitation of the property.
i. 
Any sums incurred or advanced for the purpose of rehabilitating the property by a mortgage holder or lienholder granted possession of a property, including court costs and reasonable attorneys' fees, may be added to the unpaid balance due to that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.
j. 
If no mortgage holder or lienholder meets the conditions of N.J.S.A. 55:19-88, then the Township may submit a plan to the court which conforms with the provisions of N.J.S.A. 55:19-87. Such plan shall designate whether the Township or a qualified rehabilitation entity shall undertake the rehabilitation plan in accordance with the provisions of N.J.S.A. 55:19-90.
[Ord. No. 2015-04]
a. 
The Township Committee may designate a qualified rehabilitation entity for the purpose of exercising the Township's rights, where that designation will further the rehabilitation and reuse of the property consistent with Township plans and objectives.
b. 
Regardless of whether the Township exercises its rights directly or the Township Committee designates a qualified rehabilitation entity pursuant to this section, the Township shall maintain, safeguard, and maintain insurance on the property while in possession of such property. Notwithstanding the Township's possession of the property, the owner of the property shall not be relieved of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.
c. 
The court may approve the borrowing of funds by the Township to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the court must find as follows:
1. 
The Township sought to obtain the necessary financing from the senior lienholder, which declined to provide such financing on reasonable terms;
2. 
The Township sought to obtain a voluntary subordination from the senior lienholder, which refused to provide such subordination; and
3. 
Lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded with the Clerk of Warren County.
d. 
Where the Township has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide bimonthly reports to the Township on its activities and progress toward rehabilitation and reuse of the property. The Township or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Township or its designee has failed to take diligent action toward rehabilitation of the property within one year from the grant of possession, then the court may request that the Township designate another qualified rehabilitation entity to exercise its rights or, if the Township fails to do so, may terminate the order of possession and return possession and control of the property to its owner.
e. 
The Township of Greenwich shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Township has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the Township Administrator, attesting that the rehabilitation is anticipated to be completed within six months, and a statement setting forth the actions it plans to undertake consistent with the plan.
[Ord. No. 2015-04]
An owner may petition for reinstatement of the owner's control and possession of the property at any time after one year from the court's removal of possession, but no later than 30 days after the Township of Greenwich has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Township has filed said notice.
a. 
The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Township or affect any of the terms or conditions under which the Township has applied for or received financing for the rehabilitation of the property.
b. 
If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the Township has filed a notice of completion or, in any event, within two years after the initial grant of possession, or if the owner fails to meet any conditions that may be set by the court in granting a reinstatement petition, the court may grant the Township title or authorize the Township to sell the property, subject to the provisions of N.J.S.A. 55:19-96.
[Ord. No. 2015-04]
a. 
The Township Committee, with the approval of the court, may place a lien on the property to cover any costs of the Township in connection with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior to the grant by the court of an order of possession, which may include costs incurred to stabilize or secure the property to ensure that it can be rehabilitated in a cost-effective manner. Any such lien shall be considered a Township lien for the purposes of N.J.S.A. 54:5-9, with the rights and status of a Township lien pursuant thereto.
b. 
Where the Township seeks to gain title to the property, it shall purchase the property for fair market value on such terms as the court shall approve and may place the proceeds of sale in escrow with the court.
c. 
The court may authorize the Township of Greenwich to sell the building free and clear of liens, claims and encumbrances, in which event all such liens, claims and encumbrances shall be transferred to the proceeds of sale with the same priority as existed prior to resale in accordance with the provisions of this section, except that municipal liens shall be paid at settlement. The proceeds of the purchase of the property shall be distributed as set forth in N.J.S.A. 55:19-97.
d. 
Upon approval by the court, the Township shall sell the property on such terms and at such price as the court shall approve and may place the proceeds of sale in escrow with the court. The court shall order a distribution of the proceeds of sale after paying court costs in the order of priority set forth in N.J.S.A. 55:19-97.
e. 
With the exception of the holding of special tax sales pursuant to N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78 et seq. shall be available to the Township with respect to any abandoned property, whether or not the Township has established an abandoned property list and whether or not the property at issue has been included on any such list.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
APPLICABLE CODES
Include, but are not limited to, the Greenwich Township Code of Ordinances (Township Municipal Code), and the New Jersey Building Code.
CREDITOR
As defined in accordance with N.J.S.A. 40:48-2.12s2(d), means state-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the New Jersey Residential Mortgage Lending Act, Sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through 17:11C-89), and any entity acting on behalf of the creditor named in the debt obligation, including, but not limited to, servicers. For purposes of this section, a "creditor" shall not include the state, a political subdivision of the state, or a state, county, or local government entity, or their agent or assignee, such as the servicer.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector or building inspector, or other person authorized by the Township of Greenwich to enforce the applicable code(s).
FORECLOSURE
The legal process by which a mortgagee terminates a mortgagor's interest in real property either to obtain legal and equitable title to the real property pledged as security for a debt or to force a sale of said property to satisfy a debt. For purposes of this article, this process begins upon the service of a summons and a complaint on the mortgagor on any interested party. For purposes of this article, the process is not concluded until the property is sold to a bona fide purchaser not related to the mortgagee in an arm's length transaction, whether by Sheriff's sale, private sale following a Sheriff's sale, or private sale following the vesting of title in the mortgagee pursuant to a judgment.
MORTGAGEE
The creditor, including, but not limited to, lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee to the creditor's rights, interests, or obligations under the mortgage agreement, excluding governmental entities as assignee or owner.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity responsible for the maintenance of abandoned property.
VACANT
Any building or structure that is not legally occupied.
VACANT AND ABANDONED REAL PROPERTY
As defined in accordance with N.J.S.A. 40:48-2.12s3(b)(8), shall mean property that is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, because of the presence or finding of at least two of the following:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers, or mail on the property;
c. 
Disconnected gas, electric, or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash, or debris on the property;
f. 
The absence of window treatments such as blinds, curtains, or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
i. 
Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k. 
A risk to the health and safety or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
l. 
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
m. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
n. 
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
o. 
Any other reasonable indicia of abandonment.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
These sections shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the Township of Greenwich above and beyond any other state, county, or local provisions for same.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
Pursuant to the provisions of § 3-4.37, the Township of Greenwich or its designee shall establish a vacant and abandoned property registry containing the information required by this Article.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a. 
Any creditor who holds a mortgage or equity lien on real property located within the Township shall perform an inspection of the property to determine vacancy or occupancy, upon the commencement of foreclosure as evidenced by a foreclosure filing. The creditor shall, within 10 days of the inspection, register the property with the Township Code Enforcement Official, or its designee, on forms or website access provided by the Township, and indicate whether the property is vacant or occupied. A separate registration is required for each property, whether it is found to be vacant or occupied.
b. 
If the property is occupied but remains in foreclosure, it shall be inspected by the creditor or his designee monthly until i) the mortgagor or other party remedies the foreclosure, or ii) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within 10 days of that inspection, update the property registration to a vacancy status on forms provided by the Township.
c. 
Registration pursuant to this section shall contain the name of the creditor and the servicing entity, if any, the direct mailing address of the mortgagee and the servicing entity, a direct contact name and telephone number for both parties, facsimile number and email address for both parties, the folio or tax number, and the name and twenty-four-hour contact telephone number of the property management company responsible for the security and maintenance of the property.
d. 
A nonrefundable annual registration fee in the amount of $500 per property shall accompany the registration form or website registration. On each anniversary date of the initial registration, the creditor shall submit a renewal registration fee as follows:
1. 
$500 per property annually for any property that is required to be registered because a summons and a complaint in an action to foreclose was filed by the creditor; and
2. 
An additional $2,000 per property annually if the property is vacant and abandoned pursuant to the definition in the ordinance when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to the definition in the ordinance at any time thereafter while the property is in foreclosure.
e. 
If the property is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day-period, or portion thereof, that the property is not registered and shall be due and payable with the registration.
f. 
All registration fees must be paid directly from the creditor, mortgagee, servicer, or trustee. Third-party registration fees are not allowed without the consent of the Township and/or its authorized designee.
g. 
This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
h. 
Properties subject to this section shall remain under the annual registration requirement, and the inspection, security, and maintenance standards of this section as long as they remain in foreclosure.
i. 
Any person or legal entity that has registered a property under this section must report any change of information contained in the registration within 10 days of the change.
j. 
Failure of the creditor to properly register or to modify the registration form from time to time to reflect a change of circumstances as required by this chapter is a violation of the chapter and shall be subject to enforcement.
k. 
Pursuant to any administrative or judicial finding and determination that any property is in violation of this chapter, the Township may take the necessary action to ensure compliance with and place a lien on the property for the cost of the work performed to benefit the property and bring it into compliance.
l. 
Registration of foreclosure property does not alleviate the creditor from obtaining all required licenses, permits, and inspections required by applicable codes or applicable state statutes.
m. 
If the mortgage and/or servicing on a property is sold or transferred, the new creditor is subject to all terms of this chapter. Within 10 days of the transfer, the new creditor shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during the creditor's involvement with the registrable property.
n. 
If the creditor sells or transfers the registrable property in a non-arm's-length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. Within 10 days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous creditor will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that creditor's involvement with the registrable property.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a. 
Properties subject to this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
b. 
Properties subject to this article shall be maintained free of graffiti or similar markings by removal or painting over with an exterior-grade paint that matches the color of the exterior structure.
c. 
Front, side, and rear yards, including landscaping, shall be maintained in accordance with all applicable code(s) at the time registration was required.
d. 
Yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt, or similar material.
e. 
Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.
f. 
Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).
g. 
Failure of the mortgagee and/or owner to properly maintain the property may result in a violation of the applicable Code(s) and issuance of a citation or notice of violation in accordance with this chapter, Chapter 3 (Police Regulations) of the Township Code. Pursuant to a finding and determination by the Township Code Enforcement Officer or a court of competent jurisdiction, the Township may take the necessary action to ensure compliance with this section.
h. 
In addition to the above, the property is required to be maintained in accordance with the applicable code(s).
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a. 
Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
b. 
A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates, and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows, doors, gates, and other openings of such size that may allow a child to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window.
c. 
If a mortgage on a property is in default, and the property has become vacant and abandoned, a property manager shall be designated by the mortgagee to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this chapter, and any other applicable law(s).
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
All vacant and abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the Township.
[Ord. No. 2015-04; amended 9-15-2022 by Ord. No. 107-2022]
a. 
Any person who shall violate the provisions of this chapter shall be cited and fined by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not less than $500 or exceeding $1,250; or by a period of community service not exceeding 90 days.
b. 
Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same section, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of this chapter.
[Added 9-15-2022 by Ord. No. 107-2022]
Adherence to this chapter does not relieve any person, legal entity, or agent from any other obligations set forth in any applicable code(s) which my apply to the property. Upon sale or transfer of title to the property, the owner shall be responsible for all violations of the applicable code(s).
[Added 9-15-2022 by Ord. No. 107-2022]
a. 
If the Enforcement Officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety, and welfare, the Code Enforcement Officer may temporarily secure the property at the expense of the mortgagee and/or owner, and may bring the violations before a court of competent jurisdiction as soon as possible to address the conditions of the property.
b. 
The Code Enforcement Officer shall have the authority to require the mortgagee and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures, including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures, as may be reasonably required to help prevent further decline of the property.
c. 
If there is a finding that the condition of the property is posing a serious threat to the public health, safety, and welfare, then the Code Enforcement Officer may direct the municipality to abate the violations and charge the mortgagee with the cost of abatement.
d. 
If the mortgagee does not reimburse the Township for the cost of temporarily securing the property, or of any abatement directed by the Code Enforcement Board of Special Magistrate, within 30 days of the Township sending the mortgagee the invoice, then the Township may lien the property with such cost, along with an administrative fee of $500 to recover the administrative personnel services.
[Added 9-15-2022 by Ord. No. 107-2022]
Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the Code Enforcement Office in the discharge of duties as provided in this chapter shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.
[Added 9-15-2022 by Ord. No. 107-2022]
Any enforcement officer or any person authorized by the Township to enforce the sections contained herein shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this chapter.
[Ord. No. 5-6-66; Ord. No. 8-5-66; Ord. No. 1980-3]
No person shall within the limits of the Township:
a. 
Throw, dump, cast or deposit paper, paper products, bottles, tin cans, containers, automobile parts, junk, any wrecked or abandoned or unlicensed motor vehicle not carrying current New Jersey inspection approval tags, unusable machines or parts of machines, metal, trash, garbage, debris or other waste materials upon open fields, woods, or private property or upon or along any public street, highway or other public place, provided that this section shall not be construed to prohibit the placing of such materials as are removed from the Township by persons, partnerships or corporations authorized to collect garbage and other waste materials when same are placed in suitable containers for that purpose. Farm machinery kept on the farmer's own premises is excluded from the provisions of this section.
b. 
No person shall keep, store, abandon, or leave upon any parcel of land, street, road, alley, way or parkway in the Township any motor vehicle not currently used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; except when set up as a source for generating power in an inconspicuous location; provided, however, that nothing herein contained shall be determined to prohibit the placing, keeping, storing or abandonment of any such motor vehicle in a garage or other building, which shall consist of at least three enclosed sides and a roof, or on the lands and premises of a licensed new or used automobile dealer, or licensed service station operator, where the motor vehicle is being or is about to be repaired. However, the licensed new or used automobile dealer or licensed service station operator cannot allow any motor vehicle or motor vehicles to be parked on his land or premises, without being under cover or without repairs thereon having been made, for a period exceeding 30 days.
c. 
Permit land to be covered with or contain refuse or debris resulting from the construction activities or the demolishing of a building which refuse or debris has remained on the land for more than 30 days after the completion of the construction activities or the demolition work.
[Ord. No. 5-6-66; Ord. No. 7-7-78]
Upon the complaint of any resident or property owner of the Township or any employee of the Township or, upon his own motion, the Health Officer, Police Chief, or Construction Official, or their respective designated agents shall make an investigation of the condition complained of and report thereon in writing to the Township Clerk.
[Ord. No. 5-6-66]
Upon receiving the report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of Subsection 3-5.1 exists on the land, the Township Clerk shall notify the owner and possessor of the lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove the violation from the land within 10 days after receipt of the notice.
[Ord. No. 5-6-66; Ord. No. 7-7-78]
The Health Officer, Chief of Police, Construction Official or their respective designated agents shall reinspect the lands after the ten-day period shall have expired and shall report in writing to the Township Clerk whether or not the unlawful condition complained of and previously found to exist in violation of this section has been abated or remedied.
[Ord. No. 5-6-66]
In the event that the owner or possessor of said lands shall refuse or neglect to abate or remedy the condition complained of and which constituted a violation of this section, after the 10 days' notice, the Township Committee shall cause the condition complained of to be abated and remedied.
[Ord. No. 5-6-66]
Upon removal of any of the materials prohibited to be stored or abandoned on lands by this section by or under the direction of such officer or officers of this Township in cases where the owner or tenant shall have refused or neglected to remove same in the manner and within the time provided above, such officer or officers shall certify the cost thereof to the Township Committee, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 5-6-66]
Any person convicted of a violation of any of the provisions of this section shall be liable to the penalty as stated in § 3-1. The penalties set forth in this section are separate and apart from the remedy provided for in Subsection 3-5.6, and remedy provided by N.J.S.A. 40:48-2.13 and 40:48-2.14.
[Ord. No. 9-6-63; New]
It shall be unlawful for any person, either for himself or as agent or representative of another person, or as an officer or agent of any corporation, or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of $200 upon any bank or other depository, knowing at the time of so doing that the maker, or drawer, has no finds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.
[Ord. No. 9-6-63]
The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing section shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in credit with such bank or other depository.
[Ord. No. 9-6-63]
Each violation of Subsection 3-6.1 shall be liable to the penalty of § 3-1.
[Ord. No. 2000-7]
Pursuant to N.J.S.A. 40:5-18, whenever payment is tendered to the Township of Greenwich for any fees, fines, penalties, account, escrow, tax, or assessments, by check or other written instrument which was returned for insufficient funds, a service charge in the amount of $20 shall be added to said fee, fine, penalty, account, escrow, tax or assessment. Collection of the service charge shall be collected in the same manner prescribed by law for the collection of the account for which the check or other written instrument was tendered. Any person who tenders such check or written instrument returned for insufficient funds shall tender all future payments by cash or by certified or cashier's check.
[Ord. No. 11-3-78; Ord. No. 2003-4]
All public parks shall be open to the public from the hours of 8:00 a.m. until dusk daily.
[Ord. No. 11-3-78; amended 5-16-2019 by Ord. No. 103-2019]
Supervision of all playgrounds, parks, and other recreational areas shall be provided by the Township Committee or its designee. Children of age five or under shall be accompanied by a parent or guardian at all times.
[Ord. No. 11-3-78; Ord. No. 1981-14]
No person shall enter, or leave any park, playground, or other recreation area except by an established and posted entrance or exit. No owner or operator of any automobile, motorcycle, trail-bike, snowmobile or other similar motor-driven vehicle shall operate or cause such motor-driven vehicle to be operated within any park, playground or any other recreation area except to enter or leave same by an established and posted entrance or exit. Additionally, no bicycles or other nonmotorized vehicles shall be ridden through the parks or playgrounds.
[Ord. No. 11-3-78]
No person except police personnel, personnel from the recreation association or any other emergency personnel in the performance of their duties shall loiter or park a motor vehicle after the established closing hours on the recreation area.
[Ord. No. 11-3-78]
No owner, or driver shall cause his vehicle to stand or be parked anywhere outside of the designated parking spaces except for a reasonable time to pick up or discharge passengers.
[Ord. No. 11-3-78]
No person shall remove or destroy, injure, deface, scrape, tear or cause damage to any building, machinery, signs, plants, shrubbery, or other property of, or under control of, the recreation association or any other person who is lawfully using one of the areas described above.
[Ord. No. 11-3-78]
No person shall discard, throw, or dispose of rubbish, refuse, garbage, or other waste materials etc., except in receptacles provided for that purpose by the recreation association.
[Ord. No. 11-3-78]
No person shall kindle, build, maintain or use a fire in any portable grill, gas grill, electric grill or other cooking apparatus except in areas designated for such purpose. Any fire shall be continuously under the care and direction of a competent adult from the time it is kindled until it is extinguished, and no fire shall be built under any circumstances within 10 feet of any tree or building.
[Ord. No. 11-3-78]
No person shall drink, take, use, have in his possession, or be under the influence of any intoxicating liquors, controlled dangerous substances, other habit forming drugs, or hallucinogenics, whether they are scheduled controlled dangerous substances or not, in any park, playground or any other recreational area.
[Ord. No. 11-3-78]
No person shall cast, catch, kick, strike any baseball, golf ball, football, basketball, bean bag, volley ball, or other objects except in places designated therefor.
[Ord. No. 11-3-78]
No person shall bring into the park, playground or other recreational areas, or have in their possession, any rifle, shotgun, fowling piece, airguns, string guns, sling shot, other instrument, or weapon. This provision shall not apply to Police Officers, whether they are on-duty or off-duty.
[Ord. No. 11-3-78]
No person shall cause or permit any animal owned by him, or in his custody or under his control, except a dog or a cat, and then only when restrained by a leash not exceeding six feet in length to go or be at large. Each such animal found at large may be seized and disposed of as provided by the laws of the State of New Jersey and ordinances of the Township.
[Ord. No. 11-3-78]
No person shall ride, drive, or bring any horse within the limits of any park, playground, or any recreational area without the permission, in writing, of the recreational association of the Township.
[Ord. No. 11-3-78]
a. 
No person shall erect any structure, stand or platform, or post any signs, hold any meetings, perform any ceremony, make any speech, address or harangue or exhibit to the public any form of entertainment or engage in any parade drills or maneuvers unless they obtain permission from the Township Committee or its designee.
[Amended 5-16-2019 by Ord. No. 103-2019]
b. 
No person shall make use of any park or playground or other recreational area to perform or engage or encourage others to perform or engage in any act or activity which is prohibited by the laws of the State of New Jersey, the United States, or the ordinances of this Township.
c. 
No person may lawfully interfere with, or fail to obey any Police Officer or parks and playground personnel in the proper performance of their duties.
d. 
The police and/or parks and playground personnel shall have the authority to eject from any park or playground area any person acting in any manner in violation of this section, or any other quasi criminal ordinance, or for disorderly persons offenses, as defined as such, or for violating any statute or ordinance.
e. 
Police, park, and playground personnel shall have the authority to seize any device within the parks, or playground that is in violation of this section; and only upon the presentation of a complaint to the Township Committee may such items be returned. It shall be within the discretion of the Committee to order the items forfeited.
f. 
No person shall cause or permit any animal owned by him, or in his custody or under his control, to be on any playgrounds or other recreational areas.
[Added 5-16-2019 by Ord. No. 103-2019]
g. 
No person or organization shall use any recreational area unless such use is authorized by the Township Committee or its designee and the person or organization's representative is in possession of a valid field use permit.
[Added 5-16-2019 by Ord. No. 103-2019]
h. 
All persons or organizations granted a field use permit by the Township Committee or its designee shall not leave a reserved recreation area or pavilion with any litter, waste, abandoned property, debris, or trash.
[Added 5-16-2019 by Ord. No. 103-2019]
i. 
No person shall use any park, playground, or recreation area to operate any ultralight aircraft vehicle, including, but not limited to, powered parachuting vehicles.
[Added 5-16-2019 by Ord. No. 103-2019]
j. 
No person or organization shall erect or install any structure, fixture or memorial of any kind in any Township Park or on any Township open space including but not limited to, a bench, monument, walkway, paver, tree, shrub, or planting of any kind whatsoever unless they first obtain permission from the Township Committee. It shall be the policy of the Township that all proposed improvements and donations to any park of any bench, monument, walkway, paver, tree, shrub, or planting of any kind, whether permanent or temporary, be presented to the Open Space and Parks Committee who, with input from the Superintendent of Public Works, may choose to endorse the project and refer the same to the Township Committee. The Township Committee retains the right to accept or reject the recommendation of the Open Space Committee. In no case will the addition of a memorial placard or sign be permitted.
[Added 12-16-2021 by Ord. No. 114-2021]
k. 
No person or organization shall erect or post any sign of any kind displaying the name of any individual, company or organization who may have donated to any park or recreation activity or event, whether permanent or temporary.
[Added 12-16-2021 by Ord. No. 114-2021]
[Ord. No. 11-3-78; Ord. No. 2000-7]
Any person convicted of a violation of any of the provisions of this section shall be subject to the penalties as stated in § 3-1.
[1]
Prior history includes portions of Ordinance Nos. 1988-14 and 2000-7.
[Ord. No. 2008-11]
COMMERCIAL USE
An activity involving the sale of goods or services carried out for profit.
COMMINGLED
A combining of nonputrescible source-separated recyclable materials for the purpose of recycling.
DESIGNATED RECYCLABLE MATERIALS
Those materials designated within the Warren County District Solid Waste Management Plan to be source separated for the purpose of recycling. These materials include: (list those designated recyclable materials from the county recycling plan for the residential, commercial and institutional sectors).
ELECTRONIC WASTE
A computer central processing unit and associated hardware including keyboards, modems, printers, scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than four inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones.
HOTEL
[Amended 9-19-2019 by Ord. No. 116-2019]
a. 
Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient guests.
b. 
This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such, nor shall this definition be construed to include a rooming house or a boarding house as defined in the Rooming and Boarding House Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.), or, except as otherwise set forth in P.L. 1987, c. 270 (N.J.S.A. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1, and 55:13A-13.2), any retreat lodging facility, as defined in this section.
MULTI-FAMILY DWELLING
Any building or structure or complex of buildings in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes (see N.J.S.A. 13:IE-99.13a) except hotels, motels, or other guest houses serving transient or seasonal guests as those terms are defined under subsection of Section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55: 13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) STREAM
All solid waste generated at residential, commercial, and institutional establishments within the boundaries of the municipality of Greenwich Township.
RECYCLABLE MATERIAL
Those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATION
The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials, which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
[Ord. No. 2008-11]
a. 
Mandatory source separation. It shall be mandatory for all persons who are owners, tenants, or occupants of residential and nonresidential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the municipality of Greenwich Township, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Township of Greenwich.
b. 
Exemptions. Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this section, a commercial or institutional generator of solid waste shall file an application for exemption with the Municipal Recycling Coordinator on forms to be provided for this purpose. The form shall include, at a minimum, the following information: the name of the commercial or institutional entity, the street address location and lot and block designation; the name, official title and phone number of the person making application on behalf of the commercial or institutional entity, the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider shall provide written documentation to the Municipal Recycling Coordinator of the total number of tons collected and recycled for each designated material.
[Ord. No. 2008-11]
The collection of recyclable material shall be in the manner prescribed as follows: Greenwich Township Recycling Program is held on the third Saturday of each month, from the hours of 9:00 a.m. to noon, located in the parking lot of the Old School, North Main Street. Residents are allowed during that time frame to bring recyclable materials for drop off. All other recyclable materials shall be disposed of during scheduled recycling pick up with resident contracted garbage disposal companies.
a. 
All containers and brown paper bags containing recyclable materials shall be placed, prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be disposed of shall be placed as noted above anytime after 6:00 p.m. of the day Immediately preceding the day of collection, but no later than of the day of collection. After collection, any containers shall be removed from the curbside by no later than 3:00 p.m. of the day of collection.
b. 
All receptacles or dumpsters shall be maintained in accordance with the Health Code of the municipality of Greenwich Township.
[Ord. No. 2008-11]
a. 
The owners/occupants of single-family and two-family dwellings shall be responsible for compliance with this section.
b. 
For multi-family units, the management or owner is responsible for setting up and maintaining the recycling system, including the designation of a building/complex recycling coordinator who will oversee the recycling system which includes the collection of recyclable materials.
c. 
Violations and penalty notices will be directed to the owner, occupant, or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
[Ord. No. 2008-11]
a. 
All commercial, business, or industrial shall be required to comply with the provisions of this section.
b. 
The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoor litter receptacles and disposal for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
c. 
Annually, every business, institution and industrial facility shall report to the Municipal Recycling Coordinator the recycling activities undertaken at their premises for the prior year, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service, no later than March 1. The forms to be used will be provided by the Municipal Recycling Coordinator. It shall be a violation of this chapter if the form provided by the Municipal Recycling Coordinator is not completed in its entirety and submitted to the Municipal Recycling Coordinator by March 1. Each and every day that said violation continues shall be a separate offense punishable pursuant to § 3-8.9.
[Amended by Ord. No. 2012-04]
d. 
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any Code Enforcement Officer.
[Ord. No. 2008-11]
a. 
Any application to the Land Use Board of the municipality of Greenwich Township, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
[Amended by Ord. No. 2014-02]
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
2. 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Engineer.
3. 
Provisions shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
b. 
Prior to the issuance of a certificate of occupancy by the municipality of Greenwich Township, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
[Ord. No. 2008-11]
a. 
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
b. 
It shall be the responsibility of the resident or occupant to properly segregate the uncollected waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code.
c. 
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials.
[Ord. No. 2008-11]
The municipal Board of Health, the Recycling Coordinator, the Zoning Officer, the Building Inspector, the Housing Officer, or other Code Enforcement Officer, the Police Department, and the Warren County Department of Health are hereby individually and severally empowered to enforce the provisions of this section. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material.
[Ord. No. 2008-11]
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,000. Each day for which a violation of this section occurs shall be considered a separate offense.
Fines levied and collected pursuant to the provisions of this section shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent). Monies in the Municipal Recycling Trust Fund shall be used for the expenses of the municipal recycling program including enforcement and education.
[Ord. No. 2006-04 § I]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Township of Greenwich, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2006-04 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
[Ord. No. 2006-04 § III]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. No. 2006-04 § IV]
The provisions of this section shall be enforced by the Police Department and municipal officials of the Township of Greenwich.
[Ord. No. 2006-04 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 1988-17 § 1]
In accordance with and pursuant to the authority of L. 1988, c. 44 (C. 2C:357), the drug-free school zone map produced on or about December 22, 1987 by Leo A. Santowasso, P.E., from Heritage Consulting Engineers, Greenwich Township Engineer, 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 owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 1988-17 § 2]
The drug-free school zone map approved and adopted pursuant to Subsection 3-9.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned 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 drug-free school zones.
[Ord. No. 1988-17 § 3]
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 Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary school or school board and which is used for school purposes.
[Ord. No. 1988-17 § 4]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-9.1 of this section, 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 of this section shall be provided without cost to the County Clerk and to the office of the Warren County Prosecutor.
[Ord. No. 1988-17 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-9.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
(Except as is otherwise expressly noted on the face of the approved and adopted map,) all of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C.2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-9.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of drug-free school zone map have been complied with.
[Ord. No. 1998-10]
The annexed map prepared by the Township Engineer is hereby approved as the official finding and record of the location and boundaries of the area or areas on or within 500 feet of a public park or a public building. Said map includes a list of public parks and buildings as follows:
a. 
Municipal Building. Block 23, Lot 31.02.
b. 
Old Greenwich Township School: Block 23, Lot 12.
c. 
Greenwich Township Emergency Squad: Block 16, Lot 3.
d. 
Municipal Park: Block 23, Lot 31.01.
e. 
Stecker Field: Block 18, Lot 3.01.
[Ord. No. 1998-10]
The original map approved and any revisions thereof shall be filed with the Greenwich Township Clerk and shall be maintained as an official record of the municipality.
[Ord. No. 1998-10]
The Township Clerk shall cause a certified copy of this section containing such aforementioned map and any revisions thereof to be sent to the Warren County Prosecutor's Office.
[Ord. No. 2006-06 § I]
The purpose of this section is to establish requirements to control littering in the Township of Greenwich so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 1991-12; Ord. No. 2006-06 § II]
a. 
Word usage. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
b. 
Definitions. As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:
AIRCRAFT
Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
1. 
Advertises for sale any merchandise, product, commodity or thing;
2. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
3. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when any of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this definition shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of this state or under any ordinance of this Township;
4. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Post Office in accordance with federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, boardwalk, beach, recreation center or any other public area in the Township owned or used by the Township and devoted to active or passive recreation.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house or building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, beaches, boardwalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
The Township of Greenwich.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[Ord. No. 1991-12; Ord. No. 2006-06 § III]
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place or upon any private property within the Township without complying with the State Sanitary Code for landfills, except in public receptacles, in authorized private receptacles for collection or in official Township dumps.
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
[Ord. No. 1991-12]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a 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.
[Ord. No. 1991-12]
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter or grass, leaves and yard clippings from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, grass, leaves and yard clippings.
[Ord. No. 1991-12]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalk in front of their business premises free of litter.
[Ord. No. 1991-12; Ord. No. 2006-06 § III]
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. No. 1991-12]
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry into or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. No. 1991-12]
No person shall throw or deposit litter in any park within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
[Ord. No. 1991-12]
No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the Township.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Township; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Township for any person to hand out or distribute, without charge to the receiver thereof, any such handbill to any person willing to accept it.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided; however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Ord. No. 1991-12]
No person shall throw or deposit any commercial or noncommercial handbill in or upon private premises which are temporarily or continuously uninhabited or vacant.
[Ord. No. 1991-12]
No person shall throw or deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
[Ord. No. 1991-12]
a. 
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
b. 
Exemption for mail and newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 1991-12]
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill or any other object.
[Ord. No. 1991-12]
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law.
[Ord. No. 1991-12]
No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
[Ord. No. 1991-12]
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Ord. No. 1991-12]
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
[Ord. No. 1991-12]
a. 
Notice to remove. The authorized agent of the Township Committee is hereby authorized and empowered to notify the owner of any open or vacant private property within the Township, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.
b. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in paragraph a above or within 15 days after the date of such notice in the event that the same is returned to the post office because of its inability to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the authorized agent of the Township Committee is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
c. 
Charge included in tax bill. When the Township has effected the removal of such dangerous litter or has paid for its removal, the actual costs thereof, plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Township. Said charge shall be due and payable by said owner at the time of payment of such bill and shall be collected in the same manner as fixed by law for the collection of taxes.
[Ord. No. 1991-12; Ord. No. 2000-7; Ord. No. 2006-06 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 2006-06 § IV]
This section shall be enforced by the Police Department and/or other municipal officials of the Township of Greenwich.
[Ord. No. 2009-05 §§ 1-5]
a. 
Any person who is arrested for a violation of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others. That person shall be released from protective custody when that person is no longer a danger to himself or others. A person is no longer a danger to himself or others when the person's blood alcohol concentration is less than 0.5% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall the Township's Police Department or other authorized facility hold a person for a period of longer than eight hours without providing an appropriate hearing.
b. 
Notwithstanding the provisions of this section, provided that it is not a detriment to the public safety, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release the person pursuant to the provisions of P.L. 2001, c.69, N.J.S.A. 39:4-50.22 et seq., or provide an appropriate alternative to protective custody. Neither the Township's Police Department nor the other authorized facility shall be subject to liability if a person is released from custody pursuant to the provisions of this section under N.J.S.A. 40:48-1.3.
c. 
Nothing in this section shall be construed as requiring the use of State Police facilities by the Township of Greenwich for purposes of this section under N.J.S.A. 40:48-1.3.
d. 
All the provisions of N.J.S.A. 40:48-1.3 referenced above are hereby incorporated into and are deemed to be a part hereof.
e. 
For purposes of this section, the appropriate police or other facility may be designated by the Township Police Department and the Township governing body.
[Ord. No. 2010-15]
[Ord. No. 2010-15]
Outdoor fires are permitted within the Township of Greenwich, but only with the following guidelines:
a. 
No outdoor fire may be set on residential property within 15 feet of any main or accessory structure on the property, including, but not limited to, any dwelling, garage or shed.
b. 
Outdoor fires utilized for cooking must be contained in a manufactured metal grill or other similar manufactured device intended for such use and must be utilized strictly in accordance with the manufacturer's requirements.
c. 
Outdoor fires utilized for any other recreational purposes must either be contained in a manufactured device designed for such purpose and utilized strictly in accordance with the manufacturer's requirements or, alternatively, in a proper noncombustible stone, cement, brick, tile or metal fire pit of no more than three feet in diameter, built and intended for such purpose. Following the passage of this section, no new fire pits may be constructed without the proper permits and inspections. For all existing fire pits within the Township, should the Fire Chief or his designee determine that a fire pit is unsafe, he may order that said fire pit not be used until he or his designee deems said fire pit safe. Challenges to such an order may be brought before the Township of Greenwich Municipal Court within the time permitted by law to appeal municipal actions.
d. 
A fully functioning fire extinguisher or garden hose that is properly connected to an unlimited water source must be available for fire extinguishment purposes whenever any fire is ongoing.
e. 
No garbage, rubber, plastics, yard waste, green wood, leaves, or soft wood, such as pine and cedar, which cause excessive smoke, may be burned outdoors at any time, as any smoke or odor from any outdoor fire must be kept minimal.
f. 
Flames may not exceed two feet at any time; and, should the prevailing winds cause the smoke from said fire to blow into a neighboring dwelling or property, said fire must be extinguished immediately. The Fire Chief or his designee is authorized to require that any residential outdoor fire be immediately extinguished if he determines that said fire constitutes a hazardous condition. In addition, all members of the Stewartsville Volunteer Fire Department and Greenwich Township Police Department are authorized to require that any residential outdoor fire be immediately extinguished if smoke emissions are found to be offensive to occupants of surrounding properties.
g. 
Residential outdoor fires must be attended at all times by a competent adult owner or legal resident of the property from the time said fire is commenced through the time said fire is completely extinguished.
h. 
The Fire Chief may prohibit all outdoor fires within the Township of Greenwich when weather conditions or other local circumstances make such fires hazardous.
[Ord. No. 2010-15]
Each and every person failing to comply with any of the provisions in this section shall, upon conviction thereof, be punished as provided in § 3-1, Penalty, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he or she may see fit, not exceeding the maximum herein.
[Ord. No. 2011-06]
[Ord. No. 2011-06]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and to prohibit the spilling, dumping, leaking, or otherwise discharging of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Greenwich and/or the waters of the state so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2011-06]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein, unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Greenwich or other public body and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls, whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow-removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, and all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2011-06]
a. 
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
b. 
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Greenwich.
[Ord. No. 2011-06]
Exceptions to the prohibition:
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, and white goods placed curbside for pickup).
[Ord. No. 2011-06]
This section shall be enforced by the Police Department and/or other municipal officials of the Township of Greenwich.
[Ord. No. 2011-06]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed [insert amount].[1]
[1]
Editor's Note: So in original.
[Added 5-18-2023 by Ord. No. 103-2023]
a. 
For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Greenwich Township Police Department and to authorize the outside employment of police while off duty, the Township hereby establishes a policy regarding the use of said officers:
1. 
Any request for police attendance at private events, work sites, businesses or any other activity not ordinarily provided shall be made to the Chief of Police or his designee.
2. 
The Chief of Police or his designee, at his discretion, may assign members of the Police Department not on regular duty to provide police services at those events, work sites or activities. While on said duty, the members of the Department so assigned shall be under the supervision and control of the Chief of Police or superior officers of the Department and shall be subject to the provisions of this chapter.
b. 
For this service, the persons sponsoring or responsible for such events shall directly compensate, at the rate established by the Township, the Township for the services of members of the Department who are assigned to the activity.
c. 
The fee to be charged for hiring Township Police Officers for road detail shall be at $115 per hour. There shall be a four-hour minimum of the rate shown for the private duty work. Notification of cancellation of services must be made at least three hours before the start of the work. Otherwise, the contractor will be billed for the four-hour minimum rate shown for the private duty work. All payment shall be made to the Greenwich Township and allocated as follows:
1. 
Police Officer (hourly): $90.
2. 
Administrative fee retained by the Township (hourly): $25.
d. 
Road detail fees shall be paid to the Township prior to the commencement of work based on the estimated hours required. No work will be scheduled until sufficient funds are posted in the established account, unless deemed an emergent situation by the Chief of Police or his designee. Any excess fees will be refunded to the Contractor.