Editor's Note: For regulations requiring the removal of
grass, weeds and debris, and the maintenance of sidewalks and curbs,
see Chapter XIII, Property Maintenance. For regulations on the height
of brush and hedges at intersections, see Chapter XIX, Streets and
Sidewalks.
[1973 Code § 4-2.1]
No person shall make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which does or
is likely to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of others.
[1973 Code § 4-2.2; Ord. No. 8-2011 § 1, 2]
Without intending to limit the generality of subsection 3-1.1, 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 manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the machine or device is operated and who are voluntary listeners.
The operation of such a set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 8:00 a.m., 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 11:00 p.m.
and 7:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
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 Chapter
V.
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 to 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.
e.
Exhaust. The discharge into the open air of the exhaust of a steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises.
f.
Defect in Vehicle or Load. The use of an automobile, motorcycle or
vehicle so out of repair or so loaded that it creates loud and unnecessary
grating, grinding, rattling or other noise.
g.
Construction or Repair. The carrying on of excavation, demolition,
construction, repair or alteration work other than between the hours
of 7:00 a.m. and 8:00 p.m., the carrying on of construction, repair
or alteration work by a homeowner on his own dwelling or property,
other than between the hours of 7:00 a.m. and 9:00 p.m., the carrying
on of excavation, demolition, construction, repair or alteration work
by anyone on Saturday and Sunday, other than between the hours of
8:00 a.m. and 8:00 p.m. In case of urgent necessity or in the interest
of public health or safety, the Manager may grant a permit for excavation,
demolition, construction, repair or alteration work for a period not
to exceed three days, by the terms of which permit such work may be
carried on between 8:00 p.m. and 7:00 a.m.
h.
Schools; Courts; Houses of Worship; Hospitals. The creation of excessive
noise on a street adjacent to a school, institution of learning, house
of worship or court while in use or adjacent to a hospital, which
unreasonably interferes with the working of the institution or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in such a street indicating that it
is a school, hospital or court street.
i.
Landscaping. The carrying on of law mowing, grass trimming, leaf
blowing, or any landscaping work that requires the use of motorized
equipment other than between the hours of 7:00 a.m. and 8:00 p.m.
from Monday to Friday and the hours of 8:00 a.m. and 8:00 p.m. on
Saturday and Sunday.
The above enumeration is intended to give typical illustrations
of prohibited noise and shall not be construed as exclusive.
[1973 Code § 4-2.3]
Nothing herein contained shall be construed to apply to:
a.
The use of bells, chimes or sound amplifiers by houses of worship
engaged in religious activities.
b.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
c.
Activities in public parks, playgrounds or public buildings under
permission or authority of the Manager.
d.
The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized.
[1973 Code § 4-2.4]
Sound trucks may be operated in accordance with the following
regulations upon the issuance of a permit by the Manager for each
occasion and each location:
a.
Sound trucks shall not be operated in residential zones in the Township
before 9:00 a.m. and after 7:00 p.m.
b.
Sound trucks shall not be operated in commercial zones in the Township
before 9:00 a.m. and after 9:00 p.m.
c.
Moving sound trucks shall keep to the extreme right hand side of
the road and shall proceed at a speed of not less than ten (10) miles
per hour.
d.
Stationary sound trucks are prohibited in all residential zones in
the Township, but may be operated in commercial zones during the hours
referred to above.
e.
For the purposes of this section "residential zones" shall mean the
zones so designated in the zoning ordinance of the Township and "commercial
zones" shall mean and include all parts of the Township other than
residential zones.
[1973 Code § 4-15.1; Ord. No. 25-1982; Ord. No. 20-2005 § II]
As used in this section:
shall mean a litter storage and collection receptacle as
required by Township regulations.
shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
shall mean 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
law 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.
shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Township owned, or used by
the Township and devoted to active or passive recreation.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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 shall include any yard, grounds, walk, driveway, porch
steps, vestibule or mailbox belonging to or appurtenant to such dwelling
house, building or other structure.
shall mean all streets, sidewalks, boulevards, parking lots
open to the public, parking areas open to the public, alleys or other
public ways, and all public parks, squares, spaces, grounds and public
buildings.
shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including ashes, street cleanings, dead animals,
abandoned automobiles, other abandoned personal property and solid
market and industrial wastes.
shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as circulars, leaflets,
pamphlets, wrappers, handbills, newspapers, and any other printed
or nonprinted paper material, cigarettes, cardboard, tin cans, yard
clippings, leaves, wood, glass and other similar materials.
[1973 Code § 4-15.2; Ord. No. 25-1982]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles duly authorized and provided by the Township, authorized
private receptacles for collection or in areas officially designated
as Township dumping areas; provided, that all such authorized deposits
shall be made in the manner and to the extent otherwise permitted
by other ordinances or state law. Where public receptacles are not
provided, all such litter, refuse or rubbish shall be carried away
from the public place by the person responsible for its presence and
properly disposed of elsewhere as provided herein.
[1973 Code § 4-15.3; Ord. No. 25-1982]
No person shall throw or deposit litter, refuse or rubbish in
any fountain, pond, lake, stream, bay or other body of water in a
public place or elsewhere within the Township.
[1973 Code § 4-15.4; Ord. 25-1982]
No person shall throw or deposit litter, refuse or rubbish 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.
[1973 Code § 4-15.5; Ord. No. 25-1982]
No person shall throw or deposit litter, refuse or rubbish on
any open or vacant private property within the Township whether owned
by such person or not.
[1973 Code § 4-15.6; Ord. No. 25-1982; Ord. No. 20-2005 § III]
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.
[1973 Code § 4-15.7; Ord. No. 25-1982]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township the accumulation of litter,
refuse or rubbish from any building or lot or from any public or private
sidewalk or driveway. Persons owning or occupying property shall keep
the sidewalks, entrance walks, parking lots and parking areas in front
of or upon their premises free of litter, refuse or rubbish. Nothing
herein recited shall prevent the sweeping of leaves into the street
during the periods officially designated or announced by the Township
Manager as periods for the collection of such leaves.
[1973 Code § 4-15.8; Ord. No. 25-1982]
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, refuse or rubbish from any
building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalks, entrance
walks, parking lots and parking areas in front of or upon their premises
free of litter, refuse or rubbish. Nothing herein recited shall prevent
the sweeping of leaves into the street during the periods officially
designated or announced by the Township Manager as periods for the
collection of such leaves.
[1973 Code § 4-15.9; Ord. No. 25-1982; Ord. No. 20-2005 § 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.
[1973 Code § 4-15.10; Ord. No.
25-1982]
It shall be unlawful for any owner or tenant in the removal
of snow or ice or in the cutting and removing of vegetation, brush
or tree growth, to deposit the same or cause the same to be deposited
between the curb lines of the public street.
It shall be unlawful for any person to deposit snow or ice,
whether removed from any driveway, parking area, sidewalk area or
any privately-owned property upon any street within the Township.
[1973 Code § 4-15.11; Ord. No.
25-1982]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, refuse or rubbish;
provided, that this section shall not prohibit the storage of litter,
refuse or rubbish in authorized private receptacles for collection.
[1973 Code § 4-15.12; Ord. No.
25-1982]
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, or other public place.
No litter, garbage, refuse or rubbish shall be spilled from
any truck on any street or other public place in the Township and
if such spillage occurs, the driver shall clean up the same immediately.
If the spillage is not so cleaned up, the driver or owner or both
shall be deemed to be in violation of this section.
[Ord. No. 20-2005 § IV]
This section shall be enforced by the Aberdeen Police Department
and Code Enforcement Official. Any person(s) who is found to be in
violation of the provisions of this section shall be subject to a
minimum fine of one hundred ($100.00) dollars per day with a maximum
fine not to exceed one thousand ($1,000.00) dollars per day.
[1973 Code § 4-3.1]
As used in this section:
shall mean any printed or written matter, any sample or device,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature:
a.
Which advertises for sale any merchandise, product, commodity, or
thing; or
b.
Which 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; or
c.
Which 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; or
d.
NEWSPAPER
NONCOMMERCIAL HANDBILL
PRIVATE PROPERTY OR PREMISES
PUBLIC PLACE
VEHICLE
Which, while containing reading matter, other than advertising matter,
is predominantly and essentially an advertisement, and is distributed
or circulated for advertising purposes, or for the private benefit
and gain of any person or person so engaged as advertiser or distributor.
shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States in accordance with Federal Statute or regulation,
or a newspaper filed and recorded with any recording officer as provided
by law; or, in addition thereto, shall mean and include any periodical
or magazine regularly published with not less than four (4) issues
per year and sold to the public.
shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, papers,
booklet or any other printed matter or otherwise reproduced original
or copies of any matter of literature not included in the definition
of commercial handbill or newspaper.
shall mean any property not defined as a public place.
shall mean any and all streets, sidewalks, alleys or other
public ways, and any and all public parks, squares, spaces, grounds
and buildings.
shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a street, including
devices used exclusively upon stationary rails or tracks.
[1973 Code § 4-3.2]
No person shall hand out, distribute, throw, deposit or deliver
any commercial or noncommercial handbill or newspaper in or on any
public place within the Township provided that it shall not be unlawful
on any street, sidewalk, or other public place within the Township
for the person to hand out or distribute to the receiver thereof any
handbill or newspaper to any person willing to accept it.
[1973 Code § 4-3.3]
No person shall throw, attach or deposit any commercial or noncommercial
handbill or newspaper in or on any vehicle, or any part thereof, provided
that it shall not be unlawful in any public place for a person to
hand out or distribute to the receiver thereof a handbill or newspaper
to any occupant of a vehicle who is willing to accept it.
[1973 Code § 4-3.4]
No person shall throw or deposit any commercial or noncommercial
handbill or newspaper in or on any private premises which are temporarily
or continuously uninhabited or vacant.
No person shall throw, deposit, distribute or deliver any commercial
or noncommercial handbill or newspaper on any private premises if
requested by anyone thereon not to do so, or if there is placed on
the premises in a conspicuous position near the entrance thereof a
sign bearing the words "No Trespassing" or "No Peddlers or Agents",
such notice indicating in any manner that the occupants of the premises
do not desire to be molested or have their right of privacy disturbed,
or to have any such handbills left on their premises.
No person shall throw, deposit, distribute or deliver any commercial
or noncommercial handbill in or on 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 on such private
premises. It is provided that in case of inhabited private premises
which are not posted as provided in the paragraph above, such persons,
unless requested by anyone upon such premises not to do so, may place
or deposit any such handbill in or on such inhabited private premises
by attaching same to a permanent structure in a manner as to secure
or prevent it from being blown or drifted about the premises or sidewalks,
streets or other public places, provided that mailboxes may not be
used when so prohibited by Federal postal law or regulations.
The provisions of this subsection shall not apply to the distribution
of mail by the United States nor to newspapers except that newspapers
shall be placed on private premises in a manner as to secure or prevent
them from being blown or drifted about the premises or sidewalks,
streets or other public places, provided, however that mailboxes may
not be used when so prohibited by Federal postal law or regulations.
[1973 Code § 4-3.5; Ord. No. 25-1975]
No person engaged in the business of distributing commercial
or noncommercial handbills shall cause or knowingly permit the provisions
of this section to be violated. Whenever it shall appear that commercial
or noncommercial handbills have been distributed in violation of the
provisions of this section and it can be determined from identification
of the materials so distributed that the undertaking to distribute
was by a particular business through its principals, agents or employees,
it shall be presumed in the absence of evidence to the contrary, that
such business knowingly permitted such materials to be distributed
in violation of this section.
[1973 Code § 4-8.1; New]
When in the judgment of the Manager, after consultation with
the Council and in conjunction with the Director of Emergency Management,
a civil emergency or the threat of same is deemed to exist, the Manager
shall by proclamation determine such an emergency to exist and immediately
post notice thereof in at least five (5) conspicuous places within
the Township.
[1973 Code § 4-8.2]
Upon the Manager's determination upon consultation with the
Council and in conjunction with the Director of Emergency Management
and declaration of a state of emergency, the Manager is authorized
to exercise the following powers; provided, however, that any such
powers shall not continue to be in force and effect for a longer period
than forty-eight (48) hours unless, at the expiration of such period
of time, a resolution of the Council is duly adopted extending the
duration of the civil emergency:
a.
Order a general curfew applicable to such portion of the Township
or age group within the Township as deemed advisable to be applicable
during such hours of the day and night as is necessary for the protection
of the public safety and welfare.
b.
Order that all persons licensed under the Alcoholic Beverage Control
Law who dispense alcoholic beverages at retail, wholesale or for on-premises
consumption, as well as private groups or portions thereof where the
consumption of alcoholic beverages is permitted, shall close their
establishments and cease operation of their businesses during the
hours or periods deemed necessary under the emergency.
c.
Order the discontinuance of the selling, distributing or giving away
of gasoline, or other liquid flammable or combustible products, and
order the closing of all gasoline stations and other establishments,
the chief activity of which is the selling, distributing and dispensing
of liquid flammable or combustible products, or to limit the sale
or distribution of such gasoline and like products directly into the
tanks of motor vehicles.
d.
Order the discontinuance of the selling, distributing, dispensing
or giving away of any firearms or ammunition of any character whatsoever,
and order that all such establishments or portions thereof which engage
in the sale, distribution, dispensing or giving away of firearms or
ammunition shall close and cease such activity.
e.
Order that no person, other than the State Police, National Guard,
local Police authorities, or any other person as may be authorized
by the council, shall carry, hold or possess, in any motor vehicle,
carriage, motorcycle or other vehicle, or carry on or about his clothes
or person or otherwise in his possession, or have in his control,
alcoholic beverages, narcotics, firearms, explosives or flammable
materials of any kind during the emergency, except as may be specifically
authorized.
f.
Order that the State Police, National Guard and Township Police take
any and all measures required to quell disturbances and outbreaks
of violence, to secure areas within the Township, to prevent and deter
actual or threatened harm to persons or property, to prevent looting,
and generally take all action necessary to implement and effectuate
these regulations, as well as the Statutes of this State and all ordinances
of the Township.
[1973 Code § 4-8.3]
Wherever practicable, a copy of the proclamation shall be posted
in a prominent place at or near the various premises affected by the
emergency powers, and a copy thereof shall be delivered to the owners
or occupants of the premises or any responsible person in charge thereof.
In no event, however, shall the failure to post such notice or deliver
a copy thereof render the exercise of such powers ineffective or invalid.
[1973 Code § 4-6.1; Ord. No. 7-1985]
As used in this section:
shall mean and include any motor vehicle which:
a.
Is parked without the current year's registration or identification
markers as required by law;
b.
Has been continuously parked in any public property and lands or
on any private property and lands for a period of seven (7) days;
c.
Is so disabled as to constitute an obstruction to traffic but on
property other than a street, highway, bridge and tunnels, and the
driver or person owning, or in charge thereof neglects or refuses
to move the same to a place where it shall not obstruct traffic;
d.
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of seven (7) days; and
e.
INOPERABLE
JUNK AUTOMOBILE OR JUNK AUTOMOBILE BODY
MOTOR VEHICLE
OPERABLE
Is found without one (1) or more tires.
shall mean incapable of being legally driven or moved on
the public highways of the State of New Jersey.
shall mean any motor vehicle which is no longer in actual
use as a motor vehicle or which is wholly unfit, without rebuilding
or reconditioning, for use in highway transportation or which has
been discarded for use as a motor vehicle or otherwise abandoned.
shall mean and be defined as any motor vehicle, omnibus,
road tractor, truck, truck-tractor, or other vehicle and shall have
the meaning as ascribed to the foregoing words as contained and defined
in N.J.S.A. 39:1-1, et seq.
shall mean capable of being legally driven or moved upon
the public highways of the State of New Jersey.
[1973 § 4-6.2; Ord. No. 7-1985]
It is unlawful for any person to abandon or permit the abandonment
of any motor vehicle, junk automobile, or junk automobile body out
of doors upon any public or private lands in the Township or between
the right-of-way lines of any public right-of-way therein. Nor shall
a person place, keep or store, except as permitted by the Township
ordinance any motor vehicle, junk automobile or junk automobile body
out of doors on any public or private property within the Township
except that:
An owner or the occupant of land may keep, maintain or temporarily
store a single motor vehicle upon private property for a period of
ninety (90) days for purposes of sale of the same or its noncommercial
repair or restoration or improvement, upon application made to the
office of the Township Manager and receipt of a permit therefor. The
application shall require the name and address of the owner of the
vehicle; the address of the location where the vehicle is to be kept
and stored during the period; a description of the vehicle, including
its make, model, color and vehicle identification number; and a statement
as to the purpose for which the storage of the vehicle is requested.
Upon receipt of a properly completed and executed application, the
office of the Township Manager shall issue a permit, without fee or
charge, for a period of ninety (90) days. No applicant can obtain
more than one permit or extension thereof within a one-year period
from the date of the expiration of the last permit. Nothing contained
in the provision for the temporary storage of a vehicle shall be construed
as authorizing or permitting the commercial sale or repair of vehicles
in any area not approved for the same under the Municipal Code of
the Township of Aberdeen. A request for an extension or renewal of
the permit authorized by this section for additional periods of ninety
(90) days or less shall be authorized at the discretion of the person
charged by the Office of the Township Manager with the issuance of
the permits upon a showing by the applicant that the work being performed
upon the vehicle is being diligently pursued.
[1973 § 4-6.3; Ord. No. 7-1985]
If any motor vehicle, junk automobile or junk automobile body
shall be abandoned on public or private lands for seven (7) days or
more, it shall be presumed that the owner or tenant in possession
of the land has abandoned it there or permitted or suffered it to
be abandoned thereon.
[1973 Code § 4-6.4; Ord. No. 7-1985]
a.
Nothing contained in this section shall be determined to prohibit
the placing, keeping, storing or abandonment of any such motor vehicle
in a garage or other building within the Township.
b.
Owners of antique or historic motor vehicles which are classified
as such under State Statute are exempt from the provisions of this
section with regard to private lands. Any person who possesses, owns
or maintains such excluded vehicle shall obtain from the Office of
the Township Manager an exempt certificate which shall indicate that
the motor vehicle in question comes under this exclusion. The certificate
shall be valid for one year from the date of issuance. Such exempt
certificate shall be displayed on the windshield or other prominent
place of the motor vehicle in question so that it is readily observable.
No fee shall be charged for the issuance of an exempt certificate.
c.
Motor vehicles operated in organization sanctioned races are exempt
from the provisions of this section with regard to private lands.
Each such vehicle shall be registered once each year during the month
of January, or when the vehicle is acquired with the Office of the
Township Manager. There shall not be more than two (2) such vehicles
so kept on private lands.
[1973 Code § 4-6.5; Ord. No. 7-1985]
a.
In addition to the penalties set forth in Section 1-5 of this Code, a continuance of a violation or a noncompliance with the provisions of this section shall be deemed a nuisance and the Township of Aberdeen shall have the right to apply to the courts of this State for injunctive relief or other relief.
b.
The imposition of a penalty for any violation of this section shall
not excuse the violation or permit it to continue and all such persons
shall be required to correct or remedy such violations within a reasonable
time. Each ten (10) days that the prohibitive conditions are maintained
shall constitute a separate offense.
[1973 Code § 4-13.1; Ord. No. 25-1981]
The unregulated operation of certain vehicles used for transportation
and/or sport and herein described, constitutes a hazard to public
and private property and constitutes to its operators and to third
parties, a hazard to life and limb and further, under certain circumstances,
constitutes a public nuisance to the detriment of the citizens of
the Township.
[1973 Code § 4-13.2; Ord. No. 25-1981 § 1]
As used in this section:
shall mean any two wheeled motor propelled apparatus licensed
by the State of New Jersey, Department of Motor Vehicles for operation
upon the public highways.
shall mean:
a.
Any two (2) three (3) or four (4) wheeled bicycle or similar apparatus
motor propelled or having a helper motor and commonly referred to
among other designations as moped, mini-bike, go-cart, all terrain
vehicles (ATV), trailbike or the like, which by its nature is not
authorized to be licensed by the State of New Jersey, Department of
Motor Vehicles, for use upon the public highways notwithstanding the
fact that licensing of the same in some instances may not be required
for operation upon the public highways.
b.
PRIVATE PROPERTY
PUBLIC PROPERTY
UNLICENSED OPERATOR
Snowmobiles and any similar sport vehicle which is motor propelled
and traverses the terrain by means of treads, tracks or the like,
all as contrasted to wheels.
shall mean all lands in the Township not above defined as
public property or part of road system which is contained in the definitions
of "Public Property."
shall mean lands owned or leased by the Township of Aberdeen,
a municipal corporation of the State of New Jersey, County of Monmouth
and State of New Jersey, Matawan-Aberdeen Regional Board of Education
or any other equivalent public body but specifically excluding from
this definition any roadways used for public transportation and being
part of the accepted road systems of the State of New Jersey, Department
of Transportation, Township of Aberdeen or County of Monmouth.
shall mean the operator of any motorcycle, who does not hold a special license issued by the State of New Jersey, Department of Motor Vehicles, permitting the operation of a motorcycle on the public highways, or the operator of any motorized sportbike who is in violation of subsection 3-6.3, paragraph b, this section.
[1973 Code § 4-13.3; Ord. No. 25-1981 § 2]
It shall be unlawful:
a.
To operate a motorized sportbike or motorcycle upon public or private
property during the period of one hour after sunset to one hour before
sunrise but the within prohibition shall not be applicable to:
b.
For a motorized sportbike to be operated on public or private property
other than the property of the family of which the operator is a residing
member by any operator under the age of seventeen (17) years.
c.
To operate a motorized sportbike or motorcycle on public or private
property other than with the written consent of all of the owners
of the property.
d.
To operate a motorized sportbike or motorcycle upon public or private property other than in accordance with the general regulations set forth in subsection 3-6.4.
e.
To operate a motorized sportbike or motorcycle on public or private
property in such a way as to harass, worry, or disturb farm animals,
domestic livestock or wildlife or further to destroy or damage crops
or cropland.
f.
To operate a motorized sportbike or motorcycle on public or private
property without the same being in proper operating condition which
is hereby defined as the presence of all original operating equipment
specified therefor by the original manufacturer with the same in operating
condition at least equal to the manufacturer's requirements for the
proper operation thereof or the equivalent thereof.
g.
For an unlicensed operator to operate a motorcycle on public or private
property other than the property of the family of which the operator
is a residing member.
[1973 Code § 4-13.4; Ord. No. 25-1981 § 3]
The following regulations shall apply to the operation of a
motorized sportbike or motorcycle operated on public or private property
other than on the property of the family of which the operator is
a member.
a.
The operator of a motorized sportbike or motorcycle shall wear a
helmet, together with goggles or face shields, such as is approved
therefor by the State of New Jersey, Department of Transportation.
b.
No person operating a motorized sportbike or motorcycle shall engage
in fancy or trick riding or ride without maintaining full control
of such motorized sportbike or motorcycle or to remove both hands
from the handlebar.
c.
No person operating a motorized sportbike or motorcycle shall carry
any other person thereon except in a place designated therefor and
equipped therefor as part of original manufacture for said purpose
and in no event shall a rider be carried on the handlebar thereof.
[1973 Code § 4-13.5; Ord. No. 25-1981 § 4; New]
It shall be the duty of any Police Officer to:
a.
Impound any motorized sportbike or motorcycle operated on public
or private property alleged to be in violation of this section either
by virtue of its operation and use, or by virtue of its operation
by an unlicensed operator and;
b.
Impound any motorized sportbike or motorcycle operating on the public
roadways in violation of any then applicable State Statute or any
regulation validly promulgated by any State agency having jurisdiction.
The period of impoundment shall be from the date of the alleged violation
until the disposition of the alleged offense by such court of competent
jurisdiction as shall hear the same, and the owner thereof shall pay
the reasonable cost of removal and storage constituting impoundment,
the usual and customary fees permitted by statute, which charge for
impoundment shall in no event exceed thirty (30) consecutive calendar
days provided that the operator shall be deemed guilty of the alleged
offense. The expense of impoundment shall be in addition to any other
fine or penalty levied or collected under the terms of this section.
[1973 Code § 4-13.6; Ord. No. 25-1981 § 5; New]
For any violation of this section, the offender shall be liable for a penalty established in Chapter I, Section 1-5.
[1973 Code § 4-1.1; Ord. No. 13-1994]
The Township Council is in agreement with the New Jersey State
Legislature in finding and declaring that children who are left unsupervised
during overnight hours may be exposed to the most detrimental influences
of our society; that the allure of the drug countered culture, the
potential for involvement in criminal activity and other potential
threats to the health, safety and general welfare of children justify
governmental action in furtherance of the protection of one of the
most fragile and easily influenced segments of our society.
The Township Council is also in agreement with the findings
of the New Jersey State Legislature that it is in the best interest
of society to encourage family unity; to encourage the family unit
to provide for the care, protection, wholesome mental and physical
development of our children; and to encourage the supervision of children
by their parents and/or legal guardians and to encourage communication
between parents and their children.
The Township Council is in further agreement that because of
the vulnerability of children, their inability to make critical decisions
in an informed and mature manner, and the importance of the parental
role in child rearing, that it was appropriate for the New Jersey
State Legislature to adopt N.J.S.A. 40:48-2.52, which authorizes municipalities
in this State to adopt ordinances to protect children from the dangers
of the streets and to encourage the deepening of family relationship.
The Township Council further finds and declares that there has
been a breakdown in the supervision normally provided by certain parents
and/or legal guardians for juveniles under his age of eighteen (18)
years, resulting in juveniles being involved in certain types of unacceptable
behavior, including certain criminal activities involving controlled
dangerous substances, their possession and/or distribution, as well
as acts of vandalism, noisy and rowdy behavior, and harassment of
residents.
The Township Council further finds and declares that these offensive
activities committed by juveniles are not easily controlled by existing
laws or ordinances because the activities can be concealed whenever
Police Officers are present, and that the establishment of a reasonable
curfew in this community will result in maintaining a free and unobstructed
access to the streets and public places while enabling the Police
to act reasonably and fairly to prevent the violation of laws and
municipal ordinances by juveniles.
The Township Council further finds and declares that a curfew
meets a very real local need, and that curfew ordinances have been
adopted in other municipalities in the Bayshore as well as through
the State of New Jersey in order to address the problem of juvenile
delinquency.
The Township Council further finds and declares that a curfew
is particularly appropriate in view of the basic residential nature
of this community and the sense of the community that there is a proper
time for the cessation of outdoor activities by juveniles. This sense
of the community is reflected in the curfew hours declared in this
section, which takes into consideration the increased likelihood for
criminal activities during the overnight hours and the detrimental
affect that the exposure to such activities would have upon juveniles
in our community.
The Township Council further finds and declares that as parental
control increases there is a likelihood that juvenile delinquency
will decrease; that there is a need for a curfew for juveniles in
the Township of Aberdeen; and that the establishment of a curfew with
penalties applicable not only to juveniles but to their parents and
legal guardians as well, will reinforce the primary authority and
responsibility of parents and/or legal guardians over juveniles in
their care and custody.
[1973 Code § 4-1.2; Ord. No. 13-1994]
As used in this section:
shall mean the following: (a) 11:00 p.m. on any Sunday, Monday,
Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day;
(b) 12:01 a.m. on any Friday or Saturday, until 6:00 a.m. of the following
day.
shall mean an unforeseen combination of circumstances or
the resulting state, including those circumstances which call for
immediate action in response to a threat to public health and safety.
This term shall be understood to include, but not be limited to, a
fire, a natural disaster, an automobile accident, or any other situation
requiring immediate action to prevent serious bodily harm, injury
or loss of life. "Serious Bodily Injury" shall mean bodily injury
that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function
of any bodily member or organ.
shall mean:
shall mean any person under the age of eighteen (18) or,
in equivalent phrasing used herein, any person seventeen (17) years
of age or younger.
shall mean and include knowledge or information which a parent
or legal guardian should reasonably be expected to have concerning
the whereabouts of a minor in the legal custody of a parent or guardian.
It is intended to include and require neglectful or careless parents
to maintain a reasonable community standard of parental responsibility
through an objective test. It shall be no defense to a violation of
this section that a parent was indifferent to the activities or conduct
of whereabouts of such a minor or juvenile.
shall mean any individual, firm, association, partnership,
or corporation operating, managing, or conducting business in any
establishment. The term includes the members or partners of an association
or partnership and the officers of a corporation.
shall mean any person having legal custody of a juvenile
or a minor as follows:
shall mean any place as to which the public has access, including
but not limited to a public street, sidewalk, bridge, plaza, park,
recreation area, shopping area, public transportation facility, vehicle
used for public transportation, parking lot or any other public building,
structure, or area, or common areas of schools, hospitals, apartment
houses, office buildings, or transport facilities.
shall mean to:
as referred to for the purposes of this section shall be
based upon the prevailing standards of time, whether Eastern Standard
Time or Eastern Daylight Savings Time, generally observed at that
hour by the public in the Township of Aberdeen, with prima facie proof
in the time then observed in the administrative offices of the Township
and the Township Police Station.
shall mean and continue from one birthday, such as the 17th
to, but not including the day of, the next such as the 18th birthday,
making it clear that a minor or juvenile who is seventeen (17) or
less years of age is herein treated as an equivalent to the phrase
"under eighteen (18) years of age". Similarly, fifteen (15) or less
years of age means "under sixteen (16) years of age".
[1973 Code § 4-1.3; Ord. No. 13-1994]
a.
A minor commits an offense if the minor remains in any public place
or on the premises of any establishment within the Township during
curfew hours.
b.
A parent or guardian of a minor commits an offense if he knowingly
permits, or by insufficient control, allows the minor to remain in
any public place or on the premises of any establishment within the
Township during curfew hours.
c.
The owner, operator, or any employee of an establishment or public
place commits an offense if he knowingly allows a minor to remain
upon the premises of the establishment during curfew hours.
[1973 Code § 4-1.4; Ord. No. 13-1994]
a.
It is a defense to prosecution under subsection 3-7.3 that the minor was:
1.
Accompanied by the minor's parent or guardian;
2.
On an errand at the direction of the minor's parent or guardian,
without any detour or stop for the purpose of responding to a medical
problem or emergency as defined in this section;
3.
In a motor vehicle involved in interstate travel;
4.
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
5.
Involved in an emergency;
6.
On the sidewalk abutting the minor's residence or abutting the residence
of next-door neighbor if the neighbor has not filed a complaint with
the Police Department about the minor's presence;
7.
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the Township of Aberdeen, a
civic organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour
or stop, an official school, religious, or other cultural, social
or recreational activity supervised by adults and sponsored by the
Township of Aberdeen, a civil organization or similar entity that
takes responsibility for the minor;
8.
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
9.
Married or had been married or had disabilities of minority removed
in accordance with law.
[1973 Code § 4-1.5; Ord. No. 13-1994]
a.
Before taking any enforcement action under this section, a Police Officer shall ask the apparent offender's age and reason for being in the establishment or public place. The Officer shall not issue a citation or make an arrest under this section unless the Officer reasonably believes that an offense has occurred and that, based on any response from the minor or juvenile and other circumstances, no defense under subsection 3-7.4 is present.
b.
If a Police Officer reasonably believes that juvenile is on the streets
in violation of this section, the Officer shall notify the juvenile
that he or she is in violation of the curfew ordinance and shall ask
the juvenile or minor to provide to the officer his or her name, address,
and telephone number and how to contact a parent or guardian. In determining
the age of the juvenile and in the absence of evidence such as a driver's
license or copy of a birth certificate, a Police Officer shall be
authorized to use his or her best judgment in determining the age
of the minor or juvenile.
c.
If the Officer determines that a person is in violation of this section,
the minor or juvenile shall be taken into custody. The parent or guardian
shall then be notified by any authorized member of the Aberdeen Division
of Police to come to the Police Department to take custody of the
minor or juvenile. When the parent or guardian arrives to take custody
of the minor or juvenile, they shall be given written notice by an
authorized member of the Aberdeen Division of Police, which sets forth
the nature of the alleged violation, and which also includes a copy
of this ordinance in its entirety. A copy of this notice shall also
be kept on file with the Municipal Court Administrator of the Township
of Aberdeen, for the purpose of providing evidence of failure by the
parent or guardian to observe the provisions of this section in the
event of any subsequent citation for an alleged violation of this
section.
d.
In the event a parent or guardian cannot be located, then the juvenile
or minor may be released to the appropriate juvenile authorities or
to an adult relative, neighbor or other adult who will, on behalf
of a parent or guardian, assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
A copy of the notice described in paragraph c. shall be given to the
minor, and another copy shall be sent to the parent or guardian by
certified mail, return receipt requested.
e.
The Police Department shall issue written warnings in lieu of a summons
for an alleged first violation of this section. An additional copy
of this warning shall be kept on file with the Municipal Court Administrator
for the purpose of providing evidence of failure by the minor, as
well as the parent or guardian, to observe the provisions of this
section in the event of any subsequent citation for an alleged violation
of this section. No written warning shall be issued for any subsequent
alleged violation of this section.
[1973 Code § 4-1.6; Ord. No. 13-1994]
a.
A person who violates a provision of this section is guilty of a
separate offense for each day or part of a day during which the violation
is committed, continued or permitted.
b.
A first offense, upon conviction, is punishable by a fine not to
exceed one hundred ($100.00) dollars and may also include community
service of up to fifteen (15) hours to the Township.
c.
A second offense, upon conviction, is punishable by a fine not to
exceed five hundred ($500.00) dollars, and may also include community
service of up to thirty (30) hours to the Township.
d.
A third or subsequent offense, upon conviction, is punishable by
a fine not to exceed one thousand ($1,000.00) dollars and may also
include community service of up to forty-five (45) hours to the Township.
[1973 Code § 4-11.1]
As used in this section:
shall mean a device having two (2) wheels, connected by a
frame of metal or wood, and arranged to be propelled by human power.
The term "bicycle" as used in this section does not include children's
tricycles.
[1973 Code § 4-11.2]
The following regulations shall apply:
a.
Every person operating a bicycle shall at all times operate the bicycle
with due regard for the safety of other persons and vehicles lawfully
upon the streets, parkways and public places, as well as for his own
safety, and shall at all times and under all conditions yield the
right-of-way to pedestrians on the streets, parkways, highways, public
places and on the crosswalks.
b.
Every person operating a bicycle shall comply with all vehicle traffic
laws which apply to bicycles, and all vehicle traffic signs and signals
erected for the regulation of traffic.
c.
Every bicycle when in use at nighttime shall be equipped with a lamp
on the front which shall emit a white light visible from a distance
of at least five hundred (500) feet to the front. In addition, a red
reflector shall be mounted on the rear which shall be visible from
fifty (50) feet to three hundred (300) feet to the rear when directly
in front of lawful upper beams of head lamps on a motor vehicle.
d.
No person shall operate a bicycle unless it is equipped with a bell
or other device capable of giving a signal, audible for a distance
of at least one hundred (100) feet except that a bicycle shall not
be equipped with nor shall any person use upon a bicycle a siren or
whistle.
e.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.
f.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor
shall be ride with his feet removed from the pedals, or with both
hands removed from the handlebars. No bicycle shall be used to carry
more persons at one time than the number for which it is designed
and equipped.
g.
No person riding upon any bicycle shall attach the same or himself
to any vehicle upon a roadway and no operator of any vehicle shall
knowingly allow any person upon any bicycle to attach the same or
himself to the vehicle.
h.
Before turning or changing the direction of any bicycle upon any
street, or public place, it shall be the duty of the bicycle rider
to give a signal, by the extension of the hand to indicate the direction
it is the intention to proceed.
[1973 Code § 4-11.3]
Any person who violates any of the provisions of this section
shall be for the first offense, reprimanded in writing by the Division
of Police addressed to the parents or guardian of the offender, if
a minor, stating the nature of the violations. On the second offense
or each subsequent offense, the offender will be issued a summons.
[1973 Code § 4-16; Ord. No. 1-1988]
No person shall trespass on private property and surreptitiously
or sneakingly invade the privacy of another by peering into the windows
or other openings of dwelling places located thereon for no lawful
purpose.
[1973 Code § 4-17.1; Ord. No. 20-1994]
The following terms, phrases and words used in and for the purpose
of this section are as stated in part in N.J.S.A. 40A:14-157(b) Police-Municipalities
and shall be deemed to have the following meaning:
a.
Stolen or found article or property which was turned over to the
Division of Police by other than a Police Officer shall be disposed
by the following means:
1.
After one hundred eighty (180) days to be turned over to the rightful
owner of the property or article or be turned over to a person or
organization who has made a claim to any such property or article.
[1973 Code § 19-1; Ord. No. 27-1982]
As used in this section:
shall mean any building or structure whether used as a dwelling
or otherwise, except for single family, regardless of their size and
regardless of the purpose for which such building or structure is
used.
[1973 Code § 19-2; Ord. No. 27-1982]
No person shall use, keep for use, or store and maintain for
use in any building or portion of a building a portable oil/kerosene
heating device. For the purpose of this section, a portable oil/kerosene
heating device is defined as any heater, stove or appliance designed
for heating space in buildings, using or designed for using kerosene,
liquid fuel or other flammable liquid, which is neither flue nor chimney
connected, and which is not permanently affixed to any part of a structure
and which is capable of being moved or upset.
[1973 Code § 19-3; Ord. No. 27-1982; New]
Any person who violates this section shall be liable, upon conviction, for the penalty provided in Chapter I, Section 1-5.
[1973 Code § 4-10.1]
In accordance with N.J.S.A. 23:4-16 no person shall cast an
arrow or discharge any firearm upon or across any State, County, or
municipal road or highway, and no person, except the owner or lessee
of the property and persons specifically authorized by him in writing
shall, for the purpose of hunting, taking or killing any bird or animal,
have in his possession a loaded gun while within four hundred fifty
(450) feet of any occupied dwelling or school playground in this State.
In accordance with N.J.S.A. 23:4-24, no person shall hunt with any
weapon or carry a gun on Sunday. This shall not prevent farm land
owners, lessees actually occupying or farming the land, members of
their immediate families, or their farm employees from hunting and
destroying at any time and in any manner crows, woodchuck, fox and
vermin on that land.
[1973 Code § 4-10.2]
It shall be unlawful for any person to discharge any firearm or other weapon within the limits of the Township, except as specified in subsection 3-12.3.
[1973 Code § 4-10.3]
The following exceptions shall apply:
a.
Any person hunting in conformance with State Law and regulation.
b.
Any person legally firing at a rifle range.
c.
Any member of the Aberdeen Division of Police or any other State,
County or municipal law enforcement officer, or any other person authorized
by the Statutes of New Jersey to carry firearms when the firearms
shall be used in the performance of official duties.
[1973 Code § 6-8]
a.
It shall be unlawful to consume, offer to another for consumption
or to possess in an opened container any alcoholic beverage on any
public street, sidewalk, avenue, alley, highway or other thoroughfare,
or on any public park or beach or on any public or private road or
in any motor vehicle within the Township of Aberdeen.
b.
It shall be presumed that any person consuming or offering to another
person for consumption or possessing in an open container any alcoholic
beverage on any private road within the Township of Aberdeen other
than a residence, that such person does not have the consent of the
owner of the road to engage in such activity.
c.
Notwithstanding anything hereinabove to the contrary, upon first
obtaining a certificate of exemption from the Director of Parks and
Recreation any person, group of persons or corporation, profit, or
nonprofit may be permitted to consume or possess alcoholic beverages
for a specific event or activity at a specific time and location within
a park, playground or recreational area.
[Ord. No. 17-2000 § I]
a.
Any person under the legal age to purchase alcoholic beverages who
knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage on private property shall be punished by a
fine of two hundred fifty ($250.00) dollars for a first offense and
three hundred fifty ($350.00) dollars for any subsequent offense.
b.
In addition to the fine authorized for this offense, the Municipal
Court may suspend or postpone for six (6) months the driving privileges
of the defendant. Upon conviction of any person and the suspension
or postponement of that person's driver's license, the Court shall
forward a report to the Division of Motor Vehicles stating the first
and last day of the suspension or postponement period imposed by the
Court pursuant to this section. If a person at the time of the imposition
of a sentence is less than seventeen (17) years of age, the period
of license postponement, including a suspension or postponement of
the privilege of operating a motorized bicycle, shall commence on
the day the sentence is imposed and shall run for a period of six
(6) months after the person reaches the age of seventeen (17) years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by the State, the Court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
If the person convicted is not a New Jersey resident, the Court
shall suspend or postpone, as appropriate, the nonresident driving
privilege of the person based on the age of the person and submit
to the Division the required report. The Court shall not collect the
license of a nonresident convicted under this section. Upon receipt
of a report by the Court, the Division shall notify the appropriate
officials in the licensing jurisdiction of the suspension or postponement.
c.
1.
Nothing in this section shall prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite, or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
d.
Nothing in this section shall prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a County vocational
school or post secondary educational institution; however, nothing
herein shall be construed to preclude the imposition of a penalty
under this section, N.J.S.A. 33:1-81, or any other section of law
against a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 15-2000 § I;
New; 10-6-2022 by Ord. No. 18-2022]
a.
The purpose of this section is to properly control mobile food handlers/vendors
in order to prevent and discourage undesirable business practices;
to help protect the public from fraud; to permit the activity regulated
to a limited degree in consideration from the density of population,
size of streets and public rights-of-way; and to promote health, safety,
and welfare of the residents of the Township of Aberdeen.
b.
MOBILE RETAIL FOOD ESTABLISHMENTS
MOTOR VEHICLE
PERSON
PUSHCART
SALE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle,
or other movable unit, including hand-carried, portable containers
in or on which food or beverage is transported, stored, or prepared
for retail sale or given away at temporary locations.
As defined under New Jersey Motor Vehicle Laws, any vehicle
propelled or drawn by mechanical or electrical equipment used for
transportation of people or good.
An individual, partnership, corporation, trust, joint venture,
association, society, church, congregation or other organization.
A vehicle or device used to carry, transport or convey merchandise
or items which are subject to this section.
The act of selling, holding out for sale, exchange transfer,
advertising or delivery.
[Added 10-6-2022 by Ord.
No. 18-2022]
No activity as defined in this section shall be conducted in
the Township of Aberdeen except in compliance with the provisions
of this section. It shall be unlawful for any person to conduct activities,
defined herein, unless they have been issued a license pursuant to
this section. Licenses shall be issued at the discretion of the Township.
The number of licenses that may be issued and in effect during any
three month-period. No person shall be issued more than one license.
[Added 10-6-2022 by Ord.
No. 18-2022]
a.
Mobile food establishments shall be permitted to operate solely in
the area in and about the Aberdeen-Matawan Train Station, which is
controlled by the Township of Aberdeen and/or New Jersey Transit,
between the hours of 2:00 p.m. and 8:00 p.m. Location throughout the
Township as such:
b.
If you are located at any private property, written permission to
be obtained from the property owner.
[Added 10-6-2022 by Ord.
No. 18-2022]
a.
Application for such license shall be made in writing on a form to
be provided to the Township of Aberdeen. It shall require that the
applicant and every employee shall provide two photographs taken within
30 days of the application of a size approximately 2 1/2 by 2 1/2
inches on thin paper having a white or beige background clearly showing
a frontal view of the applicant's face and his employee's
face; one of which is to be attached or posted to the applicant.
b.
Such application for license shall require that the applicant give
the following information concerning himself or itself:
1.
Name.
2.
Specific address for the past three years.
3.
Date and place of birth and citizenship.
4.
Arrests or convictions at any time, of any crime, for disorderly
offense or of any municipal ordinance or regulations.
5.
Proposed location for which such license is sought, including a sketch/survey
of the property location and written consent of the property owner.
6.
Description of all items to be sold
7.
Description of trailer or vehicle to be used; photo, current vehicle
insurance, liability insurance and registration for the trailer or
vehicle to be provided.
[Added 10-6-2022 by Ord.
No. 18-2022]
Each applicant and license shall, by the 15th of the month prior
to the end of the quarter, apply or reapply for the license by personally
appearing at the Municipal Clerk's office to certify or recertify
to the information contained in their application. Where an applicant
fails to appear and recertify, their name shall be removed from the
list of pending applications. All persons who presently have licenses
shall be considered first for each license before any new applicant.
[Added 10-6-2022 by Ord.
No. 18-2022]
Such application shall be made to and issued by the Municipal
Clerk of the Township of Aberdeen or her designee after investigation
by the Aberdeen Township Police Department.
[Added 10-6-2022 by Ord.
No. 18-2022]
a.
Each license issued by the Municipal Clerk shall set forth the specific
food and beverage authorized to be sold, the location for the same,
the name of each employee and the expiration date of the license.
b.
No person shall engage in any activity, except those permitted under
the license and at the location specific therein. Upon granting of
the license hereinabove mentioned, each licensee shall be required
to prominently display said license on the vehicle employed to transact
his business.
c.
No license may be transferred from one person or entity to another.
No licensee shall:
[Added 10-6-2022 by Ord.
No. 18-2022]
All mobile retail food establishments must, in addition to obtaining
a license, be licensed by the Monmouth County Board of Health. Such
Board of Health certification must be displayed to the public and
renewed annually. A certificate of liability shall also be submitted
naming the Township as hold harmless.
[Added 10-6-2022 by Ord.
No. 18-2022]
The term and cost of each license issued under this chapter
shall be for a term of one year and shall be renewed each quarter
for a fee of $200 and paid quarterly $50.
[Added 10-6-2022 by Ord.
No. 18-2022]
The Township of Aberdeen reserves the right to issue, at any
time, the above-mentioned mobile food handlers license to any mobile
food handler for a one-day duration. Said mobile food handlers must
meet all of the requirements as stated in the above section. The fee
for said one-day license shall be $50. All licenses issued for one
day shall expire at midnight of the day issued.
[Added 10-6-2022 by Ord.
No. 18-2022]
Any person, firm, corporation, partnership, or other entity
violating any provisions of this section or any regulations promulgated
by the Township of Aberdeen pursuant hereto shall be punished by one
or more of the following: a fine not to exceed $2,000. Each and every
violation and nonconformance with this chapter, on each day that any
provision of this section shall have been violated, shall be construed
as a separate offense.
Editor's Note: Former Section 3-16, Sex Offender Residency Prohibition,
previously codified herein and containing portions of Ordinance No.
29-2005, was repealed in its entirety by Ordinance No. 11-2008.
[Ord. No. 1-2006 §§ 3,
4]
a.
Prohibited Conduct. All solid waste receptacles shall not be placed
on the curbside prior to 4:00 p.m. of the day prior to the pick up.
All solid waste receptacles shall be removed from the site of pickup
to the rear or side yard or such other place as the same are customarily
maintained by the owner or as agent, lessee, tenant or occupant of
each dwelling, house or other premises by 4:00 p.m. the day after
pickup. This shall apply to all residential and commercial solid waste
disposals, including that of recycling.
b.
Enforcement and Penalties. This section shall be enforced by the
Aberdeen Police Department and Code Enforcement Official. Any person
who is found to be in violation of the provisions of this section
shall be subject to a minimum fine of one hundred ($100.00) dollars
per day with a maximum fine not to exceed one thousand ($1,000.00)
dollars per day.
[Ord. No. 10-2011 §§ 1—6;
amended 2-17-2022 by Ord. No. 1-2022]
a.
Purpose. The purpose of this subsection is to require dumpsters and
other refuse containers that are outdoors or exposed to stormwater
to be covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semiliquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Aberdeen and/or the waters of the state so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
b.
CONSTRUCTION DUMPSTER
CONSTRUCTION MATERIALS
CURBSIDE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
PUBLIC AREA
REFUSE CONTAINER
ROLL-OFFS
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this subsection, 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.
A container or debris-transfer body commonly used for the
placing or collection of solid waste, garbage, trash and/or other
refuse and/or building materials during construction, renovation or
demolition for use at commercial or residential construction sites
to be removed by a private hauler.
Lumber, shingles, wallboard or other materials or debris
generated by a project.
A location in the public right-of-way in proximity to the
curb or in a similar area where a curb does not exist or in an alternate
location as determined by the Director of the Department of Public
Works or his designee.
A conveyance or system of conveyances (including roads with
drainage systems, municipal drains) that is owned or operated by Township
of Aberdeen or other public body, and is designed and used for collecting
and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any public street, sidewalks, highway, lane, alley, parking
lot or other public place or right of way in any zone within the Township.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
A container or debris-transfer body commonly used for the
placing or collection of solid waste, garbage, trash and/or other
refuse and/or building materials during construction, renovation or
demolition, which does not use a sealed lid and is rolled off and
onto a collection vehicle.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, 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.
c.
Permit Required.
1.
Construction dumpster. No person shall place or utilize a construction
dumpster or roll-off or permit or cause a construction dumpster or
roll-off to be placed or utilized in a public area in the Township
without first having obtained a permit from the Zoning Officer therefor.
2.
Application for Permit; Fees; Term; Regulations.
(a)
Any person seeking to place, cause or permit to be placed or
to utilize a construction dumpster in a public area in the Township
shall do so only after having obtained a permit from the Zoning Official.
In order to obtain such permit, an application for a permit on a form
to be furnished by the Zoning Official shall be filed and the appropriate
fee shall be paid.
(b)
The application shall require that the applicant specify the
exact proposed location of the construction dumpster, the size and
capacity thereof, the length of time that said use is required and
the contemplated use of the construction dumpster.
(c)
The fee for obtaining a permit to place a refuse container or
construction dumpster in a public area shall be $25. The permit shall
be valid for a period of 30 days and may be renewed for an added ten-day
period for a supplementary charge of $15.
(d)
No construction dumpster shall be placed in any area for more
than 48 hours prior to commencement of construction, demolition or
other refuse, solid waste, garbage and/or debris removal and shall
not remain therein for more than 48 hours subsequent to the completion
of such construction, demolition or other refuse, solid waste, garbage
and/or debris removal or the expiration of the permit required herein.
(e)
No permit shall be issued if the Township Police Department
determines that the issuance of such permit will constitute a danger
to the public safety or unwarranted interference with the efficient
movement of vehicular or pedestrian traffic.
(f)
A permit may be revoked at any time during its term or any extensions
thereof if the placement or use of such construction dumpster constitutes
a hazard to the health, safety or welfare of the citizens of the Township
or for any other reason constitutes a nuisance.
(g)
Any dumpsters in use pursuant to this chapter shall comply with
the display markings required by law pursuant to N.J.S.A. 27:51-1(a)
et seq.
d.
Location, Placement and Conditions.
1.
No construction dumpster shall be placed in a public area unless
it is determined by the Zoning Officer or his designee that there
is not sufficient room on the private property on which to place the
construction dumpster so that the construction dumpster is required
to be placed in a public area. No construction dumpster placed on
private property shall impede the flow of pedestrian or vehicular
traffic or safety sight lines.
2.
Construction dumpsters may be placed in public areas only upon the
determination of the Zoning Official or his designee that there is
no safe or practical place whether the dumpster may be placed other
than in the public area.
3.
All refuse containers and construction dumpsters are required to
comply with the following conditions:
(a)
Planking or other wood sheeting of sufficient size is required
to be placed under the wheels or road contact areas to protect the
roadway from damage. If the dumpster has wheels, they must be chocked
to prevent movement.
(b)
All dumpsters shall be fitted with reflectors on all sides.
(c)
No dumpster shall be permitted in a public area where the placement
interferes with the free and safe flow of traffic or which otherwise
stands in a hazardous location.
4.
Upon removal of any refuse container or construction dumpster, the
public area shall be swept clean of all loose debris and restored
to its former condition in accordance with the standards of the Township's
Department of Public Works.
5.
All dumpsters shall at all times be kept in good repair and shall
be structurally sound and leakproof and shall be constructed to stand
firmly upright.
e.
Prohibited Conduct. 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.
f.
Exceptions to Prohibition. 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, semiliquids
or solids to the municipal separate storm sewer system(s) operated
by the Township of Aberdeen.
1.
Permitted temporary demolition containers.
2.
Litter receptacles (other than dumpsters or other bulk containers).
3.
Individual homeowner trash and recycling containers.
4.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
5.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
g.
Enforcement. This subsection shall be enforced by the Zoning Official
and the Code Enforcement Officer of the Township of Aberdeen.
h.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a minimum fine of $100 per
day with a maximum fine not to exceed $1,000 per day.
[Ord. No. 15-2008 § 1]
The Township of Aberdeen (the "Township"), as a body corporate
and politic organized under the laws of the State of New Jersey and
situated in Monmouth County, intends to amend the Revised General
Ordinances of the Township of Aberdeen to adopt a map depicting the
location and boundaries of drug-free school zones and making an official
finding and record of the location and boundaries of such zones.
[Ord. No. 15-2008 § 2]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C. 2C:35-7), the Drug-Free School Zone Map produced on or about
December 11, 1987 and revised on or about October, 2008 by David Samuel,
P.E. of CME, Municipal 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 which
is owned by or leased to any elementary or secondary school or school
board, and of the areas on or within one thousand (1,000) feet of
such school property.
[Ord. No. 15-2008 § 3]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-18.2 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (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. 15-2008 § 4]
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the 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 or secondary school or school board and which is
used for school purposes.
[Ord. No. 15-2008 § 5]
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-18.2 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 Monmouth County Prosecutor.
[Ord. No. 15-2008 § 6]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-18.1 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 one thousand
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 or leased to a
school or school board and was being used for school purposes as of
October, 2008;
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 3-18.1 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 a Drug-Free School Zone Map
have been complied with.
[Ord. No. 13-2012]
No person shall purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business operation, function or activity,
nor shall any person purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business owner, employee, agent or
personnel acting in the furtherance of the interests of that business,
with the intent to prevent, undermine or otherwise obstruct the lawful
retail or wholesale practices of that business. This section does
not apply to conduct considered lawful competitive economic practices.
[Added 4-18-2019 by Ord.
No. 8-2019]
The following are the purposes of this section:
a.
The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer (See U.S. Department
of Health and Human Services, the Health Consequences of Involuntary
Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
2006); and
b.
Smoking is the leading cause of death in the United States and the
United State Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of the six top national healthcare
priorities.
c.
Pursuant to N.J.S.A. 40:48-1, the Township of Aberdeen is given the
authority to adopt ordinances for the public health, safety and welfare
of the Township, its citizens, residents and guests; and
d.
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) specifically
authorizes local restrictions on smoking "equivalent to, or greater
than" those provided in the NJSFAA for purposes of "protecting public
health."
As used in this section, the following terms shall have the
following definitions:
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
The Aberdeen Township Municipal Building located at 1 Aberdeen
Square, Aberdeen, New Jersey.
Includes all public parks, playgrounds, ball fields publicly
owned or leased by the Township and all property owned or leased by
the Township upon which the public is invited or upon which the public
is permitted and where individuals gather for recreational activities,
including all areas adjacent to such facilities, including, but not
limited to, any parking area, driveway or drive aisle.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling of smoke or vapor from an electronic smoking
device.
The Township of Aberdeen.
a.
Smoking shall be prohibited in all parks and recreational facilities
as defined herein. "No smoking" signs or the international no-smoking
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a diagonal red line through its cross
section) shall be clearly, sufficiently and conspicuously posted at
entrances to parks and recreational facilities and within each area
where smoking is prohibited by this section. The signs shall be clearly
visible to the public and shall contain letters or a symbol which
contrast in color with the sign, indicating that smoking is prohibited
therein. The sign shall also indicate that violators are subject to
a fine.
b.
Smoking shall be prohibited within a fifty-foot radius of the front
entrance of the Municipal Building and all parks and recreational
facilities. "No smoking" signs or the international no-smoking symbol
(consisting of a pictorial representation of a burning cigarette enclosed
in a red circle with a diagonal red line through its cross section)
shall be clearly, sufficiently and conspicuously posted at the thirty-five-foot
perimeter of the front entrance of all parks and recreational facilities
where smoking is prohibited by this chapter. The signs shall be clearly
visible to the public and shall contain letters or a symbol which
contrast in color with the sign, indicating that smoking is prohibited
therein. The sign shall also indicate that violators are subject to
a fine.
Whenever the Township Manager, Director of the Recreation Department
or his or her designee or park personnel or any law enforcement personnel
observes or reasonably believes that there exists a violation of this
section, he or she may issue a summons and complaint to the violator.
The complaint shall be written and served on the violator. Citizens
of the Township may also bring private complaints for violations of
this section.
Any person who violates any provision of this section shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any municipal employee found in violation of this chapter may also
be subject to discipline in accordance with the provisions of the
Township's policies and procedures.
