[N.J.S.A. 40:49-5]
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 one thousand
($1,000.00) dollars, or imprisonment for a period not exceeding 90
days; or by a period of community service not exceeding 90 days.
Except as otherwise provided each day in which a violation of
any provision of this chapter or any other ordinance of the township
exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[N.J.S.A. 40:49-5]
The township council 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 one hundred ($100.00) dollars.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 10/14/65 and Ordinance No. 10-96.
The township council hereby finds, determines and declares that
the keeping, storage or abandonment of any motor vehicle not currently
used for transportation or not licensed for operation in the current
year, out of doors within the limits of the township is hereby declared
to be a nuisance and contrary to the public health, safety, and welfare
of the inhabitants of the township, in that such articles so abandoned
or stored attract or may attract persons of tender years who may play
in and about them and be injured in so doing and in that such vehicles
so abandoned and stored out of doors exposed to the elements deteriorate
and the exposure to view of such motor vehicles is unsightly and detrimental
to the character and appearance of the township.
The following terms, phrases and words, as used in and for the
purpose of this section, shall be deemed to have the following meanings:
shall include any motor vehicle, omnibus, road tractor, trailer,
truck, truck tractor or vehicle, which,
Has remained on or about private property or public property
without the consent of the owner or other person so in charge of said
property for a continuing period of more than 48 hours; or
Does not have current license plates or registration; or
Is found to be partially dismantled, mechanically inoperative,
wrecked, junked or discarded and is allowed to remain in such condition
for a period of 48 hours; or
Is found without one or more tires; or
Is so disabled as to constitute an obstruction to traffic and
the driver or person owning or in charge thereof neglects or refuses
to move the same to a place where it shall not obstruct traffic.
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This definition shall not be construed as prohibiting a vehicle
owner from making repairs to one personal, registered vehicle, on
private property, with the property owner's consent for a reasonable
time not exceeding 30 days.
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shall have the meanings stated and defined in N.J.S.A. 39:1-1
et seq.
shall mean the police department of the Township of Roxbury.
It shall be unlawful for any person to store or abandon or suffer
or permit the storage or abandonment of any motor vehicle as defined
herein out of doors upon any public or private lands in the Township
of Roxbury, or on any public street; provided, however, that nothing
herein contained shall be deemed to prohibit the placing, keeping
or storage of any such motor vehicle in a garage or other enclosed
structure within the township.
Whenever any member of the police department finds any motor
vehicle which has been abandoned, kept or stored contrary to the provisions
of this section, such member may issue a summons, remove, secure the
removal of and/or impound said motor vehicle in accordance with the
procedures hereinafter set forth.
a.
Public property. Whenever any abandoned motor vehicle is found on any public street, highway or public property, any member of the police department is authorized to issue a summons to any person, firm or corporation deemed to be in violation of this section. In addition, an emergency condition is herewith declared to exist and any member of the police department is hereby authorized to immediately remove, secure the removal of and/or impound such motor vehicle without the necessity of notice prior to said impoundment. After impoundment, the police department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle which has been abandoned and notify the owner in accordance with Subsection 3-2.5.
b.
Private lands. Whenever any abandoned motor vehicle is found on any
private land in violation of the provisions of this section, any member
of the police department shall cause the owner of said motor vehicle
if he can be ascertained or located, or the owner or tenant of the
private lands upon which the violation is occurring, to be given seven
days written notice that said violation exists. Said notice shall
be given by personal service or certified mail sent to the last known
address of the owner of the motor vehicle and/or the owner or tenant
of the property.
1.
In the event that at the expiration of seven days a violation of the provisions of this section still exists, a summons may issue and a penalty may be imposed in accordance with Subsection 3-2.7 against the owner of the vehicle, if known, or against the owner or tenant, as appropriate, of the private lands upon which the motor vehicle has been abandoned, for each and every day that the vehicle remains in violation of this section. Any member of the police department is further authorized, in his discretion, to remove any vehicle left at any place within the township which is deemed to be in violation of this section. Such vehicle may be impounded until lawfully claimed or disposed of in accordance with applicable statutes and the procedure set forth hereinafter. Notice of said impoundment shall be given to the owner of the motor vehicle and/or the owner or tenant of the private land upon which the violation occurred in the manner hereinafter established.
2.
In the case of motor vehicles found abandoned on commercial or multi-family
housing properties, all notices and summonses authorized in this section
shall be directed to the owners of such properties whenever the vehicle
owner cannot be ascertained or located as provided above.
a.
Notice of the impoundment of any motor vehicle shall be given to
the owner of said motor vehicle or to the owner or tenant of the private
lands upon which the violation has occurred, in writing, by personal
service or by certified mail at the last known address of such person,
and shall contain the following:
1.
The time and place of impoundment.
2.
Location of the motor vehicle.
3.
The reason for impoundment.
4.
The amount and nature of penalties and costs that may be entered
against such person.
5.
A statement that a sale of the motor vehicle will occur after the
appropriate time period as set forth in N.J.S.A. 39:10A-1b, if the
motor vehicle is not reclaimed.
b.
Towing and storage fees. Upon notification to the appropriate party as required herein, towing and per diem storage fees shall be imposed representing the reasonable cost of removal of the vehicle for impoundment and storage. Such costs shall be as set forth in the fee schedule for removal and storage of vehicles at section 4-19 of these Revised Ordinances, and shall be imposed until all charges and costs are paid and the impounded vehicle is claimed and picked up by its rightful owner or the impounded vehicle is sold at public auction as provided hereinafter.
c.
Sale of impounded vehicles. Whenever any motor vehicle impounded
by the police department shall remain unclaimed for the minimum holding
period set forth in N.J.S.A. 39:10A-1b, such vehicle may be subject
to sale at public auction as provided in N.J.S.A. 39:10A-1 et seq.
The township council may by resolution provide for the sale of any
such property at public auction, after notice of a designated time
and place therefor, not less than five days prior thereto, by one
publication in a newspaper circulating within the township and by
notifying the owner of the motor vehicle and/or the owner or tenant
of the lands upon which the violation occurred, in writing, by personal
service or certified mail. All monies received from the sale of any
such property shall be paid into the general municipal treasury.
The provisions of this section shall not apply to a vehicle
on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of the business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Township of Roxbury.
Any person who violates any provision of this section shall, upon conviction thereof, and in addition to any towing charges, storage fees and other costs due pursuant to this section, be subject to a fine not exceeding one thousand ($1,000.00) dollars, but in no event less than one hundred ($100.00) dollars or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The penalties set forth in this subsection are separate and apart from the impoundment remedy provided for in subsection 3-2.4.
No person shall cast or place, or cause to be cast or placed,
any advertisement, handbill, circular, or paper on any public street
or on the sidewalks thereof, or into any vestibules or yards, or upon
porches of any dwelling house or other building, or into any vehicle
while on the public highway, or private property; provided, however,
that this section shall not apply to newspapers and addressed envelopes
delivered to subscribers and addresses. Advertisements, handbills,
circulars and papers may be distributed in the township provided the
same are securely placed at each dwelling so as not to be blown away
by the wind.
No person shall fasten in any way any placard, poster or other
advertising device upon any tree or upon any public property in or
along a public street, a public park or other public grounds or public
places within the township unless legally authorized to do so.
An exterior burglar alarm of a building or motor vehicle must
be activated in such a manner that the burglar alarm terminates its
operation within five minutes for continuous airborne sound and 15
minutes for impulsive sound after it has been activated.
a.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.
b.
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.
c.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator.
Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, liquids, garbage cans, dumpsters,
refuse or similar objects. or the pneumatic or pumped loading or unloading
of bulk materials in liquid, gaseous, powder, or pellet form, or the
compacting of refuse by persons engaged in the business of scavenging
or garbage collection, whether private or municipal, between the hours
of 10:00 p.m. and 6:00 a.m. on any weekday and between the hours of
10:00 p.m. and 7:00 a.m. on any weekend or legal holiday, when the
sound therefrom creates a noise disturbance across a residential real
property line shall be prohibited.
No person shall utter or make any offense, indecent, abusive,
vulgar or profane comments or remarks to, nor obstruct or interfere
with, any person lawfully being in or upon any street, sidewalk, park,
building or any other public or quasi-public place, or upon private
property not his own, within the township, nor shall any person utter
or make any offensive, indecent, abusive, vulgar or profane comments
or remarks while on his own property in such a manner as to be audible
to any person not on the property of the person making the comments
or remarks.
It shall be the duty of owners and tenants of lands:
a.
To keep such lands free of brush, weeds, dead or dying trees, stumps,
roots, obnoxious growth, filth, garbage, brush and debris. "Obnoxious
growth" includes grasses and weeds that have reached a height of 12
inches or greater.
b.
Where such lands border on a public highway, to remove all grass,
weeds, brush and other impediments from that part of the public highway
that borders on their respective lands.
At the direction of the building inspector, where such lands
border on an intersection of a roadway, to keep all brush, hedges
and other plant life at or near such intersection cut to a height
of two and one-half feet.
Notice requiring compliance with the above provisions shall
be sent by the township health office, or any other individual designated
by the township manager, as the case may be, by certified mail return
receipt requested to the last known address of the owner or tenant
of the land in question. Such notice shall state the acts to be performed
by such owner or tenant as well as the penalty for failure to comply
with such notice.
If the owner or tenant to whom notice is sent neglects or refuses
to comply with such notice within ten days of receipt of same, the
health officer or the building inspector, as the case may be, shall
arrange to perform the acts required by the notice at the cost of
the township. He shall certify the cost thereof to the township committee
which shall examine the certificate and, if found correct, shall cause
the costs as shown thereon to be charged against said lands. Such
costs shall be added to the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
to be collected and enforced by the same officers and in the same
manner
as taxes.
This section shall be known and may be cited as the "Litter
Ordinance of the Township of Roxbury."
For the purposes of this section the following terms, phrases,
words, and their derivations shall have the meaning given herein.
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.
"Aircraft" is 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.
b.
"Boat" is any craft designed to be occupied by one (1) or more persons
and used on, in or under water.
c.
"Garbage" is putrescible animal and vegetable wastes resulting from
the handling, reparation, cooking and consumption of food.
d.
"Handbill" is 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 aforestated definition
of a newspaper.
e.
"Litter" is and includes "garbage". "refuse", and "rubbish" -- as
defined herein. Litter is also all other waste material which, if
thrown or otherwise deposited as herein prohibited, tends to harm,
danger otherwise negatively impact upon the public health, safety
or general welfare.
f.
"Newspaper" is 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,
and any newspaper tiled and recorded with any recording officer as
provided by general law: and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold or distributed to the
public.
g.
"Park" is 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.
h.
"Person" is any person, firm, partnership, association, corporation,
company or organization of any kind.
i.
"Private premises" is 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 or appurtenant to such dwelling,
house, building, or other structure.
j.
"Public place" is any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares. spaces,
grounds, buildings, and bodies of water.
k.
'Recycle bin" a container designed and utilized for the accumulation
of recyclable materials, such as glass, newspaper, cardboard and aluminum
cans and any other materials for which recycling may be required in
accordance with any other provisions of the General Ordinances of
Roxbury Township.
l.
'Refuse" is all putrescible and nonputrescible solid wastes
(except body wastes), including but not limited to garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and
solid market and industrial wastes.
m.
"Rubbish" is 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
other materials of a similar nature.
n.
"Township" is the Township of Roxbury.
o.
"Vehicle" is every device in. upon, or by which any person or property
is or may be transported or drawn upon a highway or any type of roadway,
including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the township except in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in 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. Commercial establishments which sell
food directly to the public shall provide receptacles for disposing
of litter inside and outside such establishment.
No person 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 property shall keep the sidewalk
in front of their premises free of litter.
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.
No person owning a recycle bin 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 a recycle bin shall keep the sidewalk
and immediate area within fifty (50) feet of the recycle bin free
of all litter. Owners of recycle bins shall notify the recycling coordinator
of the owners name, address and telephone number upon initial installation
of such a bin and thereafter upon any change in ownership.
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.
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.
No person shall throw, sweep or deposit litter in any fountain,
pond. lake, stream, or any other body of water in a park or elsewhere
within the township.
The owner or person in control of any private property shall
at all times maintain the premises free of litter: provided that this
subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
No person shall throw or deposit any handbill in or upon any
sidewalk, street or other public place within the township. This subsection
does not restrict any person's constitutional right to distribute
handbills in any public place to persons willing to accept it.
No person shall throw or deposit any 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 handbill to any occupant of a vehicle who is willing
to accept it.
No person shall throw, deposit or distribute any handbill, advertisement
or other writing upon any private premises, if requested by anyone
thereon not to do so, or if there is placed on said premises in a
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 matter 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.
No person in an aircraft shall throw out, drop or deposit within
the township any litter. handbill or any other object.
No person shall throw or deposit litter on any open or vacant
private property within the township whether owned by such person
or not.
a.
Notice to remove. The health officer or his designee is hereby authorized
and empowered to notify the owner, agent or occupant 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.
Such notice shall be by certified mail, return receipt requested,
addressed to said owner at his last known address.
b.
Action upon noncompliance. Upon the failure, neglect or refusal of
any owner, agent or occupant so notified, to properly dispose of litter
within ten (10) days after receipt of written notice provided for
in paragraph a. above, or within ten (10) days after the date of such
notice in the event the same is returned to the township post office
department because of its inability to make delivery thereof, provided
the same was properly addressed to the last known address of such
owner, or agent. the health officer or his designee is hereby authorized
and empowered to order removal of such litter or to order its disposal
by the township and the costs of such removal or disposal shall be
borne by the person so responsible for failing to dispose of said
litter.
c.
Charge included in tax bill. When the township has effected the removal
and disposal of such litter or has paid for its removal and disposal,
the actual cost thereof, plus accrued interest at the rate of twelve
(12%) percent per annum from the date of the completion of the work.
if not paid by such owner prior thereof, shall operate as a municipal
lien on the property.
Any person violating any of the provisions of this section shall
upon conviction thereof be fined an amount not exceeding five hundred
($500.00) dollars or be imprisoned for a period not exceeding six
(6) months or both. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
This section may be enforced by the health officer or his designee
or any member of the police department.
a.
"Distributor" shall mean the person responsible for placing and maintaining
a newsrack of a public right-of-way.
b.
"Newsrack" shall mean any self-service or coin operated box, container,
storage unit or other dispenser installed, used or maintained for
the purpose of display or offering for sale, vending. distribution
or giving away any newspaper.
c.
"Newspaper" 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,
and any newspaper filed and recorded with any recording officer as
provided by general law.
d.
"Person" shall mean any individual, firm, corporation. partnership, association or entity and shall include the person to whom the permit called for in subsection 3-8.2 is issued (the applicant) and also any person who asserts or claims ownership of any newsrack on public property (the owner).
e.
"Roadway" shall mean that portion of a street improved. designated,
or ordinarily used for vehicular travel.
f.
"Sidewalk" shall mean any surface provided for the exclusive or primary
use of pedestrians, the area between the sidewalks and the curb of
any street. or if there is no sidewalk, the area between the edge
of the roadway and the property line adjacent thereto.
g.
"Street" shall mean all the area dedicated to public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
It shall be unlawful for any person to erect, place, maintain,
or operate on any public street or sidewalk, or in any other public
way, roadway or place, in the Township of Roxbury, any newsrack without
first having obtained a permit from the township clerk specifying
the exact location of such newsrack or newsracks. One permit may be
issued to include any number of newsracks and shall be signed by the
applicant.
Application for such permit shall be made, in writing, to the
township clerk upon such form as shall be provided and shall contain
the name and address of the applicant, the proposed specific location
of said newsrack or newsracks, and shall be signed by the applicant.
A new application shall be filed in the event that the location of
a newsrack is changed. The permit shall issue upon submission of a
completed application, payment of an annual permit fee of twenty-five
($25.00) dollars per newsrack, approval by the township clerk of the
certificate of insurance and verification by the township that the
designated site is available.
a.
Permits may be issued for the installation of a newsrack or newsracks
without prior inspection of the location, but such newsrack or newsracks
and the installation, use or maintenance thereof, shall be conditioned
upon observance of the provisions of this section.
b.
All permits shall expire on the 31st day of December of each year and shall be renewable pursuant to the procedure for original applications referred to in subsection 3-8.3 and upon payment of the twenty-five ($25.00) dollar permit fee per newsrack.
c.
Prior to the issuance of any permit, the distributor shall execute
and file with the township clerk an agreement pursuant to which the
owner agrees to indemnify and save harmless the township, its agents,
servants, and employees from and against all suits, damages, claims,
demands and actions for any injury to any person or persons, including
injury causing death, and for injury damage or destruction of property
sustained by any parts arising out of or resulting from the issuance
of the permit or the control, maintenance or ownership of the newsracks
permitted. Subject to the provisions of Title 59 of the Revised Statutes
of the State of New Jersey. if applicable and in the event of any
action being brought against the township, the applicant, at applicant's
own cost and expense, shall immediately take charge of and defend
the same, provided the township shall notify the applicant of such
notice of claim as soon as practicable after the receipt thereof by
the township. Prior to the issuance of any permit, the distributor
shall file with the township clerk a certificate of an insurance policy,
issued by a company duly licensed to transact business under the insurance
laws of this State naming the township as an additional insured, providing
for the payment of not less than five hundred thousand ($500,000.00)
dollars to satisfy all claims for damage by reason of bodily injuries
or to the death of any person due to the maintenance of such machine
and further providing for the payment of not less than fifty thousand
($50,000.00) dollars to satisfy all claims for property approved by
the township clerk before the permit shall be issued.
a.
No person shall install, use or maintain any newsrack which projects
onto, into or over any part of the roadway of any public street, or
which rests, wholly or in part, upon, along or over any position of
a roadway.
b.
No person shall install, use or maintain any newsrack which in whole
or in part rests upon, in or over any sidewalk or parkway when such
installation, use or maintenance endangers the safety of persons or
property, or when such site or location is used for public utility
purposes, public transportation purposes, or other government use,
or when such newsrack unreasonably interferes with or impedes the
flow of pedestrian or vehicular traffic, the ingress into or egress
from any residence, place of business or any legally parked or stopped
vehicle, or the use of poles, posts, traffic signals, hydrants, mailboxes,
or other objects permitted at or near said location, or when such
newsrack interferes with the cleaning of any sidewalk by the use of
mechanical sidewalk cleaning machinery.
c.
Any newsrack which in whole or in part rests upon, in or over any
sidewalk or parkway shall comply with the following standards:
1.
Newsracks shall only be placed near a curb or adjacent to the wall
of a building. Newsracks placed near the curb shall be placed no less
than 18 inches nor more than 24 inches from the edge of the curb.
Newsracks placed adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches from the wall.
No newsrack shall be placed or maintained on a sidewalk or parkway
opposite another newsrack.
2.
Newsrack or newsracks shall be chained, bolted or otherwise secured
so as to prevent their being blown down or around the public right-of-way.
3.
No newsrack shall be chained, bolted or otherwise attached to any
tree, utility or light pole, parking meter, traffic control post,
street sign post or other public property.
4.
Newsracks may be placed next to each other, chained or otherwise
attached to one another; however, no more than three newsracks may
be joined together, nor shall any group of newsracks extend for a
distance of more than four feet along a curb.
5.
A space of no less than three feet shall separate each group of these
newsracks.
6.
No newsrack shall be placed, installed, used or maintained:
(a)
Within five feet of any marked crosswalk:
(b)
Within 15 feet of the curb return of any unmarked crosswalk:
(c)
Within 15 feet of any fire hydrant, fire call box, police call
box or other emergency facility:
(d)
Within five feet of any intersecting driveway, alley or street;
(e)
Within six feet ahead of, and 15 feet to the rear of any sign
marking a designated bus stop:
(f)
Within six feet of the outer edge of any bus bench (g)
(h)
Within three feet of or on any area improved with lawn, flowers,
shrubs or trees or within three feet of any display window of any
building abutting the sidewalk or parkway or in such manner as to
impede or interfere with the reasonable use of such window for display
purposes; and
(i)
On or within any median within any public or private right-of-way.
7.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale or purchase of the
newspapers sold therein.
8.
Each newsrack shall be maintained in a clean, neat and attractive
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each newsrack shall be serviced
and maintained so that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
(c)
The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations;
(d)
The paper or cardboard parts inserts thereof, if any, are reasonably
free of tears. fading or peelings; and
(e)
The structural parts thereof are not broken or unduly misshapen.
d.
Every distributor who places or maintains the newsrack on the streets
of the Township of Roxbury shall have a notice setting forth his name,
address and the telephone number of a working telephone service to
call to report a malfunction or to secure a refund in the event of
a malfunction of the coin return mechanism, or to give the notice
provided for in this subsection, affixed thereto in a place where
such information may easily be seen.
a.
The police of the Township of Roxbury may impound any newsrack that
poses an imminent danger to pedestrians or vehicles.
b.
Written notice of the impoundment shall be mailed by regular mail
to the holder of the permit as thereon at the address of the holder
specified in the permit application regarding the impounded machine
within two business days, exclusive of Saturday, Sunday and holidays.
Said person shall be entitled to obtain the return of the impounded
machine from the police upon request and upon the payment of the reasonable
costs of removal and storage during normal business hours. provided
that the machine is not being held as evidence in any criminal proceeding.
a.
Except as to events covered under subsection 3-8.6 of this section, any person who violates the terms of this section shall be sent a notice of violation setting forth the nature of the violation. The notice of violation shall be sent by regular mail to the address of the person as shown on the permit application. If any violation is not so cured within 15 days from the date of the notice of violation, a summons may issue to the violator.
In the event that a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in subsection 3-8.7 for newsracks in violation of the provisions of this section.
This section shall be enforced by all members of the department
of police, the construction official and the zoning officer or their
designated representatives.
Any person, as defined in this section, who shall install, use,
maintain or abandon a newsrack in violation of any provision of this
chapter, shall upon conviction thereof in municipal court, be subject
to a fine of not less than ten ($10.00) dollars nor more than one
hundred ($100.00) dollars for each offense. Each day that a violation
continues shall be deemed to constitute a separate offense.
In addition to any fines or other penalties to be imposed upon
any person for violating this section, the court may, in its discretion,
order the removal of any newsrack and destruction thereof if the newsrack
is not removed within the time period established by the court. A
true copy of any order of removal shall be mailed by regular mail
to the individual named in the permit at the address stated In the
permit within a reasonable time after the entry of the order by the
court.
As used in this section, a "park" shall mean and include all
playgrounds and land area owned, controlled or operated by the township
devoted to or used for recreational purposes.
This section is enacted to establish rules and regulations for
the protection, care and control of township parks, and to regulate
the conduct of persons on or within such parks or using the facilities
thereof.
No person shall violate any regulation adopted by the township
council, or any rule made and promulgated by the board of recreation
commissioners governing the use of township parks, the facilities
therein and the conduct of persons using such parks and park facilities.
Permits and rates for the use of park facilities shall be such
as may be required and established by the board of recreation commissioners.
Applications for a park permit shall be filed with the board
of recreation commissioners not less then 20 days nor more than 60
days before the date on which it is proposed to conduct any such activity.
Such application shall be sworn to and shall state:
a.
The name of the person or organization wishing to conduct the activity.
b.
If the activity is proposed to be conducted for, on behalf of, or
by an organization, the name, address and telephone number of the
headquarters of the organization, and of the authorized and responsible
head of such organization.
c.
The name, address and telephone number of the person who will be
the chairman of such activity and who will be responsible for its
conduct.
d.
The name, address, and telephone number of the person or organization
to whom the permit is desired to be issued.
e.
The date when such activity is to be conducted.
f.
The park or portion thereof for which such permit is desired.
g.
An estimate of the anticipated attendance.
h.
The hour when such activity will start and terminate.
The board of recreation commissioners shall grant and issue
such park permit if:
a.
The proposed activity or use of the park will not unreasonably interfere
with or detract from the general public enjoyment of the park.
b.
The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, welfare, safety and
recreation.
c.
The facilities desired have not been reserved for other use at the
day and hour required in the application.
d.
The conduct of such activity will not substantially interrupt the
safe and orderly movement of traffic.
e.
The conduct of such activity will not require the diversion of so
great a number of police officers of the township to properly police
such activity and the areas contiguous thereto, as to prevent normal
police protection of the township.
f.
The conduct of such activity is not reasonably likely to cause injury
to persons or property, incite violence, crime or disorderly conduct.
g.
Such activity is not to be held for the sole purpose of advertising
any product, goods, or event, and is not designed to be held purely
for private profit.
Each park permit shall state the following:
Whenever any family, fraternal, service or social group, association,
or organization desires to use park facilities for a particular purpose,
such as picnics, parties, or theatrical or entertainment performances,
a representative of such group, association or organization shall
first obtain a permit from the board of recreation commissioners for
such purposes. The board may adopt an application form to be used
for such situations.
The board of recreation commissioners shall grant the application
if it appears that the assembly, group, association or organization
will not interfere with the general use of the park by the individual
members of the public and if such assembly, group, association or
organization meets all other conditions contained in the application.
The application may contain a requirement for a security deposit or
an indemnity bond to protect the township from any liability of any
kind or character and to protect township property from damage, and
shall contain such a provision if the swimming area is to be utilized
by the group.
a.
Special activities. The following activities are permitted only at
times and areas so designated for that purpose by the board of recreation
commissioners and are otherwise prohibited within the parks:
1.
Swimming, bathing, wading, fishing.
2.
Ice skating, sledding, skiing.
3.
Model-airplane flying.
4.
Boating on ponds.
5.
Basketball, baseball, softball.
6.
Archery.
7.
Horseshoe pitching.
8.
Tennis.
9.
Picnicking.
10.
Camping.
11.
Football and track.
12.
Operation of any musical instrument, sound track or drum.
b.
Picnic areas and use. No person in a park shall picnic or lunch in
a place other than those designated for that purpose. Attendants shall
have the authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the comfort
and convenience of all.
No person in a park shall use any portion of the picnic areas
or of any of the buildings or structures therein for the purpose of
holding picnics to the exclusion of other persons, nor shall any person
use such area and facilities for an unreasonable time if the facilities
are crowded.
c.
Swimming areas. No person shall bathe or swim in the waters of any
park within the township unless clad in suitable bathing apparel.
d.
Grounds and facilities, use requirements. Each person using the parks
and grounds shall clean up all debris and leave the premises in good
order, and the facilities in a neat and sanitary condition.
e.
Compliance, rules and regulations. All persons using the facilities
of the parks shall obey the posted rules and regulations established
for the proper, effective, and safe utilization of such facility.
No person shall use such parks to either perform or permit to
be performed any of the following acts.
a.
Prohibited Actions:
1.
Injure, deface, displace, remove, fill in, raise, destroy or tamper
with any path, walk, bridge or approach thereto, take up or remove
or carry away any asphalt, concrete, flagstone, rock, stone, gravel,
sand, clay or earth or make any excavation of any kind or nature,
or harvest, cut, injure, or remove any ice, or injure, deface, displace,
remove, or destroy any structure, building, post, railing, bench,
seat, platform, stand, table, tree guard, telephone, pipe, or main
for conducting gas, water, or wires or any hydrant, sewer drain, pipe,
main receiving basin, covering manhole, or vent forming a part thereof,
or any appurtenance or appendage connected therewith, or any property
or equipment, real or personal owned by or under the jurisdiction
or control of the township or appertaining to the creation, government,
use of and maintenance of the township parks or injure or in any way
interfere with the operation of any machine, instrument or contrivance
used in such parks, or injure, deface, displace, remove, or destroy
any sign, inscription, post, or monument erected or marked for any
purpose, or any mile board, milestone, danger, sign or signal, guide
sign or post, or any signaling device, stanchion installed or placed
by the board of recreation commissioners for the purpose of direction,
restricting or regulating traffic, establishing zone, or giving information
or direction to the public, or interfere with any lamp, lamp post,
gas or electric apparatus, or extinguish the light therein, except
upon proper authority.
2.
Cut, injure, deface, remove, disturb, mark, or write upon any tree,
shrub, flower or other plant.
3.
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream, or other body of water
in or adjacent to any park or any tributary, stream, storm sewer,
or drain flowing into such waters, any substance, matter or thing,
liquid or solid, which will or may result in the pollution of such
waters.
4.
Bring or dump, deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other
trash within the park. No such refuse or trash shall be placed in
any waters in or contiguous to any park or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these
are provided where receptacles are not so provided, all such rubbish
or waste shall be carried away from the park by the person responsible
for its presence, and properly disposed of elsewhere.
5.
Bring into the park or have in his possession at the park, any explosives,
including any substance, compound, mixture or article having properties
of such a character that alone or in combination of or conjunction
with other substances or compounds may decompose suddenly and generate
heat, gas or pressure or any or all of them to produce rapid flaming
combustion, or administer a destructive blow to surrounding objects.
Fireworks are excepted from this regulation provided written approval
of the board of recreation commissioners, local police department
and State Department of Labor and Industry is secured for the specific
occasion.
6.
Bring into the park or have in his possession at the park any pistol
or revolver or objects upon which loaded or blank cartridges may be
used. Official starters, at authorized swim, track and field events,
are excepted from this restriction.
7.
Bring into the park any rifle, shotgun, air gun, spring gun, slingshot,
bow, or other instrument or weapon in which the propelling force is
a is a spring or air.
8.
Bring into the park any tool, instruments, skeleton keys, picklocks,
jimmies, or other things known as burglar tools except when authorized
for lawful purposes.
9.
Throw stones or other missiles so as to annoy other persons. Games
involving the throwing of missiles shall be performed only in designated
areas.
10.
Hunt, molest, kill, wound, trap, take, chase, shoot, throw missiles
at, remove or have in his possession any animal, reptile, bird or
egg, not owned by him, in his custody, or under his control. Nor shall
be knowingly buy, receive, have in his possession, sell or give away
any such animal, reptile, bird or egg.
11.
Operate within the park any snowmobile, motorized bicycle or any
vehicle commonly called a mini-bike, or any unlicensed power driver,
vehicle.
12.
Operate within the park any motor vehicle except in those areas where
expressly permitted.
13.
Drive or ride any horse or horse-drawn vehicle except in those events
permitted by the board of recreation commissioners.
14.
Kindle or make any open fire.
15.
Fish in any of the brooks, lakes and ponds within the parks except
in those waters where fishing is expressly permitted by the board
of recreation commissioners and provided such person is under the
age of 14 years or unless he has a state license and has obtained
a municipal fishing badge from the board of recreation commissioners.
16.
Kill, wound, discharge or throw missiles at any fish in such waters
or place therein any reptiles, piscivorous fish, poison, or any other
substances injurious to fish.
17.
Distribute within the park any circular, card or written matter,
or post, paste or affix any sign, notice or placard without the written
permission of the board of recreation commissioners.
18.
Sell or offer for sale any object or merchandise or any other thing
within the parks, except by license expressly issued by the township
for sale within the park.
19.
Bring or harbor any animal in the parks except for a dog or cat provided
such animal is restrained by a leash not exceeding six feet in length.
20.
Swim, bathe, or wade in any waters or waterways in or adjacent to
any park, except in such waters and in such places as are provided
therefor, and in compliance with such regulations as are herein set
forth or may be hereafter adopted.
21.
Dress or undress on any beach or in any vehicle, toilet or other
place, except in such bathing houses or structures as may be provided
for that purpose.
22.
Commit any assault or battery, or engage in fighting.
23.
Disturb the peace, or use any profane, obscene or blasphemous language.
24.
Endanger the safety of any person by any conduct or act.
25.
Prevent any person from using any park, or any of its facilities,
or interfere with such use in compliance with the provisions of this
section and the rules applicable to such use.
26.
Fail to obey, or interfere with, an officer in the proper performance
of his duties.
27.
Violate any rule for the use of the park or its facilities made or
approved by the board of recreation commissioners.
28.
No amusement for gain or for which a charge is made shall be conducted
in a park without the consent of the board of recreation commissioners
and subject to the approval of the township committee. Such amusement
must be conducted in accordance with any state statute or local ordinance
pertaining thereto.
29.
No person shall engage in, participate in, aid, form or organize
any assembly or group of people or make any speeches, or conduct any
musical program or festivals, in any park, unless a permit has been
obtained from the board of recreation commissioners and unless such
permit is carried by the person heading or leading such activity;
provided that the provisions hereof shall not apply to students'
work when constituting a part of their educational activities and
under the immediate direction and supervision of the proper school
authorities, nor to any governmental agency within the scope of its
functions.
30.
Bring or cause to be brought into any park (including any parking
areas appurtenant to any park); or have in his possession or control
at the park (including any parking areas appurtenant to any park)
any glass container; bottle; jar; hollow vessel of glass, or earthenware;
containing any liquid substance. Provided, however, that this prohibition
shall not apply to any person who, or group which, has in his or its
possession or control any such container which has within it any relish,
pickles, ketchup, mustard, or similar type of condiment for use at
a picnic.
31.
Bring or cause to be brought into any park (including any parking areas appurtenant to any park) or have in his possession or control at the park any alcoholic beverage. Any person in any motor vehicle wherein any such alcoholic beverage is found shall be presumed to have possession and control of such alcoholic beverage. This provision shall not apply to any person who, or group which, has obtained a permit pursuant to subsections 3-9.7 or 3-9.8; provided that such alcoholic beverage is not in a container of the type prohibited in paragraph a30 of this subsection.
a.
Park hours. The parks shall be open daily to the public during those
hours established and posted by the board of recreation commissioners.
No person other than township personnel conducting township business
therein, shall occupy or be present in the park during any hours in
which the park is not open to the public.
b.
Violation. Any person who enters a park or is otherwise present in
a park when such park is not open to the public and who, after being
informed of the closing hours of the park, refuses to leave the park
after being directed to do so by a police officer or by a custodian,
supervisor or other park assistant shall be deemed a disorderly person
and shall be subject to the penalties set forth in this section.
The board of recreation commissioners is hereby empowered to
promulgate and publish rules not inconsistent with the provisions
thereof, to govern recreational activities within the parks.
The provisions of this section are in addition to, and not in
repeal of, except where inconsistent herewith, otherwise applicable
requirements, prohibitions and provisions of law.
The provisions, prohibitions and requirements of this section
shall be enforceable by the township police and the recreation department
supervisory personnel.
The utilization of the Horseshoe Lake recreational facilities,
field, picnic areas, and all facilities located on Block 54, Lots
8, 10, and 12, as shown on the official tax maps of Roxbury Township
are limited to residents of the Township of Roxbury, their guests
and those nonresidents who are participating in activities which have
been authorized pursuant to this section or sponsored by the Township
of Roxbury. In no event shall this provision be construed as in any
way preventing nonresidents from coming to and going from the municipal
government administration building and facilities for the purpose
of carrying out or participating in governmental business or activities.
The following rules and regulations shall apply to the use of
the Township of Roxbury Dog Park:
a.
Use at your own risk. Dog owners are responsible and liable for the
actions and behavior of their dogs at all times. Roxbury Township
shall not provide supervision during Dog Park operating hours.
b.
Dog owners must certify that their homeowner's/renter's
insurance has liability coverage.
c.
All dogs must have current rabies and distemper vaccinations. It
is recommended that dogs be on a flea or heartworm preventive medication.
d.
Dogs suffering from illness or medical conditions that may effect
other animals are prohibited from utilizing the Park.
e.
All dogs must wear a valid license and a Roxbury Township Dog Park
Pass.
f.
Dog owners must contact the Roxbury Township Health Department to
apply for a Dog Park Pass.
g.
Dog Park Passes are not transferable to other dogs.
h.
Limit of two dogs per adult.
i.
Dogs must be accompanied by an adult 18 years or older at all times.
j.
Dogs must be kept on a leash until inside the gated area.
k.
No puppies younger than seven months old may utilize the Park.
l.
No children under age 14 shall be allowed inside the fence; all children
must be accompanied by an adult.
m.
Owners are required to clean up after their dog.
n.
Dogs must be removed from the Park at first sign of aggression. Continued
display of aggression by any dog may result in loss of membership.
o.
Female dogs must be spayed and male dogs neutered.
p.
All dog bites shall immediately be reported to the Roxbury Township
Health Department.
q.
No food is allowed in the Park (except water in plastic bottles).
Play items must be removed when leaving.
r.
The Park may be closed for maintenance without prior notice.
s.
No smoking is allowed in the Park.
t.
The Dog Park shall be open from sunrise to sunset daily.
u.
Dog owners who fail to comply with the above rules and regulations
may receive a summons and lose their Dog Park privileges.
No person, other than the township or any of its agents, servants,
employees or duly authorized contractors, or other than any scavenger
who has entered into an agreement with the owner or lessee of any
real property for the collection of garbage or refuse, shall engage
in the business of scavenger, or the collection or disposal of animal,
or vegetable refuse, or offal, or tamper with or take or remove, or
convert in any way, shape, manner or form, any of the contents from
any public or private receptacle containing any garbage, refuse, rubbish,
junk or any bundled newspapers, assorted glass, assorted metal or
refuse which has been placed or deposited along, about or in the vicinity
of any public highway, street, lane, driveway or alleyway for collection
by the township or its agents, servants, employees or duly authorized
contractors.
As used in this section, the following words shall have the
following specific meanings:
a.
"Sidewalks" shall mean the cement, asphalt, flagstone. slate or established
walks between the traveled roadway and the adjacent property line.
b.
"Street" shall mean any public street, or any other street, alley,
or lane over which the township has resolved to undertake snow removal,
salting and sanding operations.
Pursuant to N.J.S.A. 40:65-12, the owner, tenant or occupant
of any premises abutting or bordering upon any street in the township,
shall remove all snow, slush, sleet or ice from, on and along the
abutting sidewalks of such streets, or in the event of sleet or ice,
which may be so frozen as to make removal impractical. shall cause
sand or rock salt to be spread on the icy surfaces of the sidewalk
within 24 hours after the sleet, or other precipitation shall fall
or ice be formed thereon.
Whenever a fire hydrant is located upon private property or
within the township a street right-of-way abutting the property, the
owner, tenant or occupant of said property shall remove snow and Ice
from around said fire hydrant to a distance of a three foot radius
from the center of the fire hydrant together with a clear path not
less than two feet in width from the fire hydrant to the roadway.
In no event shall this requirement be construed as imposing civil
liability upon the owner, tenant or other occupant of the premises
in the event that said owner, tenant or other occupant fails to clear
snow and ice from the fire hydrant, and damage is caused to a home,
building or other structure by fire or otherwise.
No person, firm, corporation. owner, tenant or occupant of any
premises abutting on any street shall throw, place or deposit any
snow or ice into or upon any sidewalk or street in the township. It
is the intent and purpose of this provision to prevent and prohibit
the throwing, casting, placing and plowing or depositing of snow and
ice which has accumulated on private property or quasi public property,
upon the sidewalks and streets of the township.
In the event that any person, firm. corporation, owner, tenant or occupant of any premises fails to comply with the provisions of this section 3-11. the township may remove said snow and ice and the cost thereof shall be chargeable and assessable against the lands abutting upon the streets of the township from which the snow and ice is removed or treated with sand and salt as follows:
a.
The officer or employee of the township in charge of the removal
or treatment of the snow and ice shall certify the cost thereof to
the Township Council.
b.
The Township Council shall examine the certificate and if found to
be correct shall cause such cost to be charged against such lands
after affording the owner a reasonable opportunity to appear before
the council or its designated officer.
c.
The amounts so charged shall thereupon become a lien and a tax upon
such real estate and be added to and be part of the taxes next to
be levied and assessed thereon and enforced and collected with interest
by the same officer and in the same manner as other taxes.
Any person, firm or corporation who violates any provision of this Article shall, upon conviction thereof, be punished as provided for in section 3-1, Penalty, of these Revised General Ordinances.
In accordance with the provisions of N.J.S.A. 5:8-31, licenses
for the holding, operating and conducting of games of chance, commonly
known as Bingo, on the first day of the week, commonly known and designated
as Sunday. is hereby authorized to be issued by the township committee
or by such person as may be duly authorized by the township committee.
Issuance of such licenses and the manner of holding, operating or
conducting games of chance thereunder shall meet the requirements
of any and all applicable Federal, State, county or municipal statutes,
ordinances or regulations.
It shall be unlawful for any person to willfully or maliciously
torment, beat, kick, strike, mutilate, injure, disable or kill any
dog used by the police department of the Township in the performance
of the functions or duties of such department or to interfere with
any such dog while being used by the department or any member thereof
in the performance of any of the functions or duties of the department
or of any officer or member of the department.
Any person violating the provisions of this section shall, upon
conviction, be liable to a penalty not exceeding five hundred ($500.00)
dollars, or imprisonment for a term not exceeding 60 days, or both.
No person shall obstruct the free and lawful passage of pedestrians
and vehicles on public sidewalks and upon public rights-of-way in
the township by placing thereon any structures, posts, poles, goods,
wares, merchandise or other articles of trade or sale, nor shall any
person obstruct such public sidewalks or rights-of-way in any other
manner whatsoever.
The owner, occupant or tenant of premises abutting on any street
in the township shall at all times keep the public sidewalk and the
area between the public sidewalk and the curb or paved roadway that
directly front upon such premises free from all weeds, limbs and branches
of trees or shrubs, holes, pits, loose stones, rubbish, paper, debris
and other objects and shall otherwise keep the area described in this
section free from obstructions of all sorts.
All trees or shrubs that stand along public sidewalks and public
streets, the branches of which extend over any part of a public sidewalk
or a public street, shall be trimmed by the owner, occupant or tenant
of the premises that directly front upon that part of the sidewalk
or street along which the trees or shrubs stand. Such owner, occupant
or tenant shall keep the branches and limbs of such trees or shrubs
trimmed and cut so that no limb or branch shall overhang the public
sidewalk or the public street at a height of less than eight feet
above ground level.
This section shall not apply:
a.
Where the obstruction is caused by the loading or unloading of goods,
wares, furniture or merchandise to and from vehicles in such a manner
as to cause a minimum of obstruction which is necessary and unavoidable.
b.
To receptacles for garbage, refuse, and any other material lawfully
placed for collection pursuant to the regulations of the department
of public works.
c.
To posts, stanchions or other support upon which mail boxes are placed
in accordance with United States Post Office Regulations and provided
that the post, stanchion or support does not exceed four feet in height
above ground level and 12 inches x 12 inches (or a diameter of 12
inches) in width. However, nothing in this section shall apply to
any structures registered with the building inspector within ten days
after the adoption of this section.
The penalty provisions of section 3-1 of the Revised General Ordinances of the Township of Roxbury, 1978, shall apply to this section.
In accordance with the power conferred upon municipal governing
bodies under N.J.S.A. 40:48-2.46, the township council of the Township
of Roxbury may by resolution, to be adopted from time to time as the
need arises, establish and fix the location of restricted parking
spaces for use by handicapped persons in front of schools, hospitals
and other public buildings and in shopping and business districts.
Each resolution that may be adopted from time to time by the
township council establishing restricted parking, as provided for
in this section, shall specify the location, number, width, length
and markings of the restricted parking spaces so established. Three
certified copies of each resolution, as may be adopted, together with
three copies of any and all maps or exhibits expressly incorporated
by reference into the resolution shall be placed and kept on file
in the office of the township clerk and a copy thereof shall be made
available to any person desiring to examine and review the same.
No person shall park a motor vehicle in a restricted parking
space reserved for use by handicapped persons unless such person has
been issued a special vehicle identification card pursuant to the
provisions of section 2 of P.L. 1949, c. 280 (N.J.S.A. 39:4-205) and
unless there is displayed upon such parked vehicle a certificate for
which a special identification card has been issued pursuant to section
3 of said law (N.J.S.A. 39:4-206).
a.
Unless another penalty is expressly provided by New Jersey Statute,
any person who violates any provision of this section or any amendment
thereto shall, upon conviction thereof, be liable to a fine of two
hundred fifty ($250.00) dollars for the first offense and, for subsequent
offenses, a fine of at least two hundred fifty ($250.00) dollars and
up to ninety days' community service on such terms and in such
form as the municipal court shall deem appropriate, or any combination
thereof.
b.
In addition to any other remedies, any unoccupied vehicle parked
or standing in violation of this section shall be deemed a nuisance
and detrimental to the health, safety and welfare of the residents
of the township, and any peace officer may provide for the removal
of such vehicle, and the owner shall pay the reasonable cost of the
removal before regaining possession of the vehicle.
In accordance with and pursuant to the authority of P.L. 1988,
Chapter 44 (N.J.S.A. 2C:35-7), the drug-free zones map produced on
or about December 5, 2000, by Michael A. Kobylarz, P.E., the township
engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the Township of Roxbury of
property which is used for school purposes and which is owned by or
leased to an elementary or secondary school or school board, and of
the areas on or within one thousand (1,000) feet of such property.
The drug-free school zone map approved and adopted pursuant to subsection 3-17.1 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.
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.
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 subsections 3-17.1 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 Morris County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-17.1 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
(1,000) feet of such school property.
b.
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 3-17.1 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.
a.
"Sexually oriented business" shall mean:
1.
A commercial establishment which as one of its principal business
purposes offers for sale, rental or display any of the following:
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures, video cassettes, slides, or other visual representations
which depict or describe a "specified sexual activity" or "specified
anatomical area"; or still or motion picture machines, projectors
or other image producing devices which show images to one person per
machine at any one time, and where the images so displayed are characterized
by the deploitation of a "specified sexual activity" or "specified
anatomical area"; or instruments, devices or paraphernalia which are
designed for use in connection with a "specified sexual activity";
or
2.
A commercial establishment which regularly features waiters, waitresses,
dancers or other live performances characterized by the exposure of
a "specified anatomical area" or by a "specified sexual activity",
or which regularly shows films, motion pictures, video cassettes,
slides or other photographic representations which depict or describe
a "specified sexual activity" or "specified anatomical area; or
3.
A hotel, motel or similar commercial establishment which offers accommodations
to the public for any form of consideration, and which provides patrons
with closed-circuit television transmissions, film, motion pictures,
video cassettes, slide or other visual representations which depict
or describe a "specified sexual activity" or "specified anatomical
area", and has a sign visible from a public right-of-way which advertises
the availability of these visual representations or offers a sleeping
room for rent for a period of time that is less than ten hours; or
allows an occupant of a sleeping room to sub-rent the room for a period
of time that is less than ten hours.
b.
"Person" shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
a.
No person shall operate a sexually oriented business within 1,000
feet of any existing sexually oriented business, or any church, synagogue,
temple or other place of public worship, or any elementary or secondary
school or any school bus stop, or any municipal or County playground
or place of public resort and recreation, or within 500 feet of any
area zoned for residential use or within 1,000 feet of a public or
private recreational facility including, but not limited to bowling
alleys, skating rinks, pool parlors, video arcades or similar enterprises
catering to or frequently attended by minors under the age of 18 years.
This subsection shall not apply to a sexually oriented business already
lawfully operating on the effective date of this act where another
sexually oriented business, an elementary or secondary school or school
bus stop, or any municipal or County playground or place of public
resort and recreation is subsequently established within 1,000 feet,
or a residential district or residential lot is subsequently established
within 500 feet.
b.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width, consisting of plantings to the
satisfaction of the municipal planning board. This subsection shall
not apply to a sexually oriented business already lawfully operating
on the effective date of this act.
c.
No sexually oriented business which regularly shows film, motion
pictures, video cassettes, slides or other photographic representations
which depict or describe a "specified sexual activity" or "specified
anatomical area" shall offer for public use any private booths, screens,
enclosures or other devices which facilitate sexual activity by patrons.
d.
A sexually oriented business shall display one exterior sign giving
notice that the premises are off limits to minors.
Any person, firm or corporation violating any of the provisions of this article shall be subject to the penalties as set forth in subsection 3-1.1 of this chapter.
a.
"Skateboard" shall mean any single platform to which are affixed
wheels, which may be ridden upon by the user with one or two feet
standing upon the platform and using motor, gravity, or muscle power
for locomotion. This definition is intended to include the common
meaning of the word "skateboard".
b.
The words "roller skate" or "roller blade" shall have their common
meaning, i.e., any shoe-like foot apparel upon which wheels are strapped
or affixed and which are used by the wearer for locomotion by motor,
gravity or muscle power.
No person shall use, operate or ride upon any skateboard, roller
skate(s) or roller blade(s) upon the parking areas, accessways, alleyways,
curbs, loading and unloading areas, sidewalks and interior hallways
of any retail shopping center or mall to which Subtitle 1 of Title
39 of the Revised Statutes has been made applicable pursuant to the
provisions of N.J.S.A. 39:5A-1. (This reference to Title 39 is for
purposes of identifying the shopping center or mall to which this
article applies only and not be construed as attempting to establish
the statutory basis for which this legislation has been enacted. N.J.S.A.
40:48-2.46 and 40:48-2 authorized this legislation.)
A police officer of the township who shall observe any person
using, operating or riding upon a skateboard, roller skate(s) or roller
blade(s) in violation of this section shall:
a.
Upon the first violation, issue a warning to the violator and, in
the case of a minor violator, advise the parent or guardian of the
minor of the warning issue.
b.
Upon the second violation, take possession of the skateboard, roller
skate(s), roller blade(s) for a minimum of 48 hours and issue a summons
and complaint cognizable in the township municipal court. Upon conviction,
the court shall impose a fine of not less than twenty-five ($25.00)
dollars. After the 48 hour period, the skateboard, roller skate(s)
or roller blade(s) shall be returned to parent or guardian of the
minor violator or, in the case of an adult violator, to the violator
personally.
Words and phrases as used in this section shall have the following
meanings:
a.
"Adult bookstore" shall mean a bookstore having as a preponderance
of its publications, books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified anatomical areas, as defined
in this section.
b.
"Adult establishment" shall mean an adult bookstore, adult motion
picture theater, or a massage business as defined in this section.
c.
"Adult motion picture theater" shall mean an enclosed building with
a capacity of 50 or more persons used for presenting motion pictures,
a preponderance of which are distinguished or characterized by an
emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas, as defined in this
section, for observation by patrons therein.
d.
"Adult mini-motion picture theater" shall mean an enclosed building
with a capacity for less than 50 persons used for presenting motion
pictures, a preponderance of which are distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas, as defined in this
section, for observation by patrons therein.
e.
"Massage" shall mean the manipulation of body muscle or tissue by
rubbing, stroking, kneading, or tapping, by hand or mechanical device.
f.
"Massage business" shall mean any establishment or business wherein
massage is practiced, including establishments commonly known as health
clubs, physical culture studios, massage studios, or massage parlors.
g.
"Sexually oriented devices" shall mean without limitation, any artificial
or simulated specified anatomical area or other device or paraphernalia
that is designated in whole or part for specified sexual activities.
i.
"Specified sexual activities" shall mean:
j.
"Adult live entertainment" shall mean a commercial establishment
which regularly features waiters, waitresses, dancers or other live
performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity.
No building, premises, structure or other facility that contains
any adult establishment shall contain any other kind of adult establishment.
No building, premises, structure or other facility in which sexually
oriented devices are sold, distributed, exhibited or contained shall
contain any adult establishment.
Any person, firm or corporation violating any of the provisions of this article shall be subject to the penalties set forth in subsection 3-1.1 of this chapter.
It has been determined that the use of fertilizers containing
phosphorus, and their eventual presence in stormwater runoff, constitutes
a threat to the water quality of the Township of Roxbury, which is
inimical to the general welfare. It is the purpose of this section
to decrease the use in the township of fertilizers containing phosphorus.
a.
No person shall apply fertilizer to lawns within the Township of
Roxbury which contains phosphorus exceeding 0.5% expressed as P205
on a dry basis.
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in section 3-1 of the Revised General Ordinances.
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Township of Roxbury, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
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.
shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
shall mean any individual, corporation, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
shall mean all animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Township of Roxbury, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
a.
This section shall be enforced by the Roxbury Township Health Department
or any other municipal official to whom the enforcement responsibility
has been delegated.
b.
Any person found to be in violation of this section shall be ordered
to cease the feeding immediately.
c.
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be punished by a fine not
to exceed one thousand ($1,000.00) dollars or by imprisonment in the
County jail for a period not to exceed ninety (90) days, or by both
such fine and imprisonment, and each violation of any of the provisions
of this section and each day the same is violated shall be deemed
and taken to be a separate and distinct offense.
No person, firm, or corporation shall divert, direct, pump,
or discharge water into the surface of any township street, sidewalk,
or storm sewer in such a manner as to interfere with the normal drainage,
create puddles or flood the streets or sidewalks or create icy conditions
which interfere with normal use of the streets or sidewalks.
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be punished as provided for in section 3-1 "Penalty," of the Revised General Ordinances.
The purpose of this section is to establish a yard waste collection
and disposal program in the Township of Roxbury, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
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.
shall mean 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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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.
shall mean leaves and grass clippings.
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is prohibited.
Any party placing noncontainerized yard waste at the curb at any time
shall be deemed in violation of this section. If such placement of
yard waste occurs, the party responsible for placement of the yard
waste must remove the yard waste from the street or said party shall
be deemed in violation of this section.
a.
The provisions of this section shall be enforced by the litter control
officer and/or recycling coordinator or any other municipal official
to whom the enforcement responsibility has been delegated.
b.
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be punished by a fine not
to exceed one thousand ($1,000.00) dollars or by imprisonment in the
County jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
section and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Township
of Roxbury, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
shall mean waste and wastewater from humans or household
operations.
shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township of Roxbury, unless that
discharge is authorized under a NJPDES permit other than the Tier
A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).
Nonphysical connections may include, but are not limited to, leaks,
flows, or overflows into the municipal separate storm sewer system.
shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
shall mean 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 Township of Roxbury or other public body, and is designed
and used for collecting and conveying stormwater.
shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water
as well as discharges from water treatment devices such as water softeners.
shall mean 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.
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Township of Roxbury any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
a.
This section shall be enforced by the Roxbury Township Engineer and/or
his designee or any other municipal official to whom the enforcement
responsibility has been delegated.
b.
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be punished by a fine not
to exceed one thousand ($1,000.00) dollars or by imprisonment in the
County jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
section and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Township of Roxbury, so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
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.
shall mean 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 Township of Roxbury or other public body, and is designed
and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean 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 spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Roxbury is prohibited. The spilling, dumping, or disposal of materials
other than stormwater in such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated groundwater (e.g. infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground-waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
a.
This section shall be enforced by the Roxbury Township Engineer and/or
his designee or any other municipal official to whom the enforcement
responsibility has been delegated.
b.
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be punished by a fine not
to exceed one thousand ($1,000.00) dollars or by imprisonment in the
County jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
section and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
As used in this section, the following terms shall have the
meanings indicated:
shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and/or the N.J. State Bureau of Identification in the Division
of State Police or an approved alternate source.
shall mean any programs sponsored by the Township of Roxbury,
including any and all leagues, boards, clubs and commissions falling
within the purview of or acting for or on behalf of, the Township
of Roxbury and having contact with persons under the age of 18 years.
a.
All adults, those persons 18 years of age or older, including, but
not limited to, coaches, assistant coaches, program directors or similar
positions involved in educating, directing or supervising youth, and
in any way assisting in a Roxbury Township sponsored function participated
in by children, shall execute the Authorization by Subject of Request
and Privacy Act Notification Form SPI-212A or SBI-212-B (Request for
Criminal History Record Information for a Non-Criminal Justice Purpose)
for a criminal history name search identification check pursuant to
N.J.S.A. 53:1-20.5 et seq. and shall submit the necessary information
for a criminal history background check obtained from the State Bureau
of Identification in the New Jersey State Police or other approved
source.
The individual applying for the background check shall authorize
the recreation director to be the recipient of the affirmative or
negative response from the State Police or other approved source based
upon the findings of the background check. Individuals involved in
a Roxbury Township sponsored youth function, and who are required
to undergo background checks based upon this section, shall be responsible
for obtaining the criminal background check. Roxbury Township will
bear the costs of such background checks provided such checks are
performed using the Roxbury Township designated background check vendor.
b.
The recreation director and all league officers and/or those individuals
in charge of each recreation program are required to ensure compliance
with this section. The president or leader of each recreation program
shall file an annual roster of individuals that are required to participate
in the background check procedures required by this section. The roster
shall be on forms supplied by the township and shall contain a certification
as to the accuracy and completeness of the roster and individual names.
a.
Upon receipt of a completed background check, the recreation director
shall notify the applicant and the president or leader of the recreation
program of affirmative or negative results.
b.
In the event the criminal background check reveals any prior convictions
for crimes or offenses which negatively impact the health, safety
and welfare of children, said person shall not be qualified to participate
in any official capacity in any function for persons under the age
of 18 years held at any township-owned facilities. Such offenses shall
include, but not be limited to:
1.
In New Jersey, any crime or disorderly person's offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S. 2C:11-1 et seq., N.J.S. 2C:12-1
et seq., N.J.S. 2C:13-1 et seq., N.J.S. 2C:14-1 et seq. or N.J.S.
2C:15-1 et seq.;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S. 2C:24-1
et seq.;
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes; and
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly person's
offenses described in paragraph b1 of this subsection.
c.
The list of crimes and violations contained in this subsection is
for illustrative purposes only and shall not be construed as a limitation
on those criminal activities or violations that would be grounds to
disqualify a person from assisting with youth-related activities as
indicated herein.
d.
Refusal by individuals required to submit to background checks will
result in an immediate dismissal of the individual from any township-sponsored
activities requiring background checks.
a.
All township-sponsored youth programs that have individuals subject
to this section shall direct those individuals to the recreation director
for background checks prior to the individual being able to participate
at any function sponsored by the Township of Roxbury. Thereafter,
every two years a new background check shall be submitted to the recreation
director.
b.
Individuals involved in a township-sponsored youth programs who are
required to undergo background checks shall be given an interim approval
for participation only after submission to the Division of State Police
or alternate source for a background check as designated by Roxbury
Township. Interim approvals shall only be valid for the period of
time that it takes to receive background check results. Such interim
approval shall not be valid for a period of time exceeding 45 days.
Only one interim approval may be granted per individual.
Any and all criminal background checks applied to the recreation
director shall be filed and maintained in a secure and locked cabinet
or room and shall not be available to the public. The recreation director
shall take appropriate steps to safeguard such records to the extent
authorized by law. The records shall only be retained for such period
of time as is necessary to serve their intended and authorized purpose.
a.
This section shall be enforced by the director of recreation and/or
his designee or any other municipal official to whom the enforcement
responsibility has been delegated.
b.
Any person, firm or corporation who violates any of the provisions
of this section shall, upon conviction, be punished by a fine not
to exceed one thousand ($1,000.00) dollars or by imprisonment in the
County jail for a period not to exceed 90 days, or by both such fine
and imprisonment, and each violation of any of the provisions of this
section and each day the same is violated shall be deemed and taken
to be a separate and distinct offense.
This section requires the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Township of Roxbury so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
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.
shall mean 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 Roxbury, and is designed and used for
collecting and conveying stormwater.
shall mean any individual, corporation, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in subsection 3-27.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c. below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater form that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This section shall be enforced by the police department and/or
other municipal officials of the Township of Roxbury.
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 five hundred
($500.00) dollars for each storm drain inlet that is not retrofitted
to meet the design standard.
[Added 4-4-2017 by Ord.
No. 08-17]
It is the intent of this chapter to regulate the installation
and use of ice retardant systems on all waterfront properties within
the Township of Roxbury for the protection of persons and property
and to provide for the public health, safety and welfare of the Township
of Roxbury and its inhabitants.
As used in this chapter, the following terms shall have the
meanings indicated:
The area of the water body or ice surface disturbed by the
operation of an ice retardant system. Said disturbed or affected area
includes open water, weakened ice (excessively cracked), thin ice
(less than four inches in depth) and area where adjacent ice is covered
by a film of water.
The high-water mark of 10.30 feet above the dam as recorded
at Lake Hopatcong State Park or the line established by the Bureau
of Navigation, State Department of Environmental Protection, defining
the lake's permanent shoreline.
A mechanical device(s) or a series of mechanical devices
designed to retard or prevent the formation of ice in or around lakefront
structures. Said devices utilize as their mode of operation one or
more of the following mechanisms: pumped air, artificial water turbulence
or the addition of heat to the water body.
The average winter conditions to be utilized in the design
or operation of an ice retardant system and to be utilized in gauging
compliance with the terms of this chapter. Said "normal operating
conditions" is defined as an average of four or more inches of ice
on the applicable water body. Such term excludes any time period characterized
by unseasonably warm temperature (average daily temperature above
40° F. for three or more consecutive days) or rainfall (greater
than 1/2 inch of rainfall per day) and the three dates immediately
thereafter. In any enforcement action under the terms of this chapter,
the burden is on the operator of the ice retardant system to establish
that normal operating conditions were not existent on the date of
the alleged violation.
The owner of record of a tract of land according to the tax
rolls of the Township of Roxbury or any person occupying said premises
or utilizing the property.
Any individual, association of individuals, corporation or
partnership.
A line running parallel to the bulkhead line and extending
not more than 50 feet from said bulkhead line, as approved by the
Natural Resources Council and Bureau of Navigation, State Department
of Environmental Protection, beyond which no dock, pier or marina
or other structure, permanent or temporary, floating or affixed to
shore or lake bottom, may be located.
Any lakefront or within-lake structure which the ice retardant
system is designed to protect. Such protected structures include but
are not limited to docks, piers, bulkheads, catwalks, seawalls and
boathouses.
a.
Utilization of ice retardant systems is hereby authorized within
the municipal limits of the Township of Roxbury from December 1 of
each year through April 1 of the following year.
b.
No person shall operate an ice retardant system within the municipal
limits of the Township of Roxbury unless said operation is in conformance
with this chapter.
a.
All ice retardant systems shall be marked with an appropriate sign
placed along the shore or on the protected structure specifying "Danger,
Thin Ice." Such sign shall be a minimum of two feet by three feet
in size and shall feature letters of a minimum height of three inches
and colors in such a way as to be clearly visible on the ice from
a distance of 100 feet. Where the ice retardant system will disturb
a distance measured horizontally along the shoreline of more than
25 feet, an additional sign shall be required for each 25 feet of
shoreline or fraction thereof.
b.
Under normal operation conditions, the affected area of ice created
by the ice retardant system shall not extend more than 25 feet beyond
the protected structure.
c.
Under normal operation conditions, the affected area of ice created
by the ice retardant system shall not extend more than 25 feet, measured
along the shoreline, from the protected structure.
d.
Irrespective of the standard appearing in Subsections B and C above,
the affected area of ice, under normal operating conditions, shall
not extend to within 10 feet of a side property line. Said requirement
may be waived if the owner and/or operator of the ice retardant system
obtains written permission from the adjacent property owner.
e.
Unless the ice retardant system has been designed and approved in
accordance with this chapter, no system shall be designed or operated
in such a way as to prevent ingress or egress to any portion of the
water body or to foreclose the formation of ice across a channel.
The Township Council may, by resolution, waive the requirements
of this chapter in situations of hardship or exceptional public necessity.
"Exceptional public necessity" shall include but not be limited to
a necessity to maintain an open channel of water for ferry service
or access to island lakefront homes. In considering such an application,
the Mayor and Council may refer the application to the Lake Hopatcong
Regional Planning Board for comment. In adopting the resolution, the
Township Council may specify requirements as to markings and lighting.
Such requirements can include but are not limited to requiring buoys
to be placed in the frozen water body to clearly mark the approach,
requiring nighttime illumination or flashing lights to indicate that
open water is present, limiting the size of the affected ice area
to the minimal necessary for the use and/or publishing public notice
of the condition to specify minimal levels of insurance requirements.
a.
The Construction Official and/or another municipal official designated
by the Township Manager are hereby designated as the enforcement officers
under the terms of this chapter.
b.
A violation of the terms of this chapter, including the operational
requirements, shall be punishable by a fine not to exceed $50 for
the first offense, $100 for the second offense and $250 for the third
and subsequent offenses. Each day that a violation of this chapter
continues may be deemed to be a separate offense.
Compliance and/or noncompliance with the requirements of this
chapter shall not preclude any civil action for damages arising from
injuries incurred through the operation of an ice retardant system.
Nothing in this chapter shall be construed as repealing any
provision of any other municipal ordinance. In the event that any
regulation provided above shall vary from the same or a similar regulation
of any other municipal ordinance, the more restrictive provision of
such ordinance shall be deemed to control.
[Added 10-24-2017 by Ord.
No. 21-17]
a.
It shall be unlawful for any person to deliver or deposit or for
any person, firm or corporation to cause the delivery or deposit of
any unsolicited newspapers, shoppers and other like printed material
to or upon any private premises within the Township of Roxbury. For
the purposes of this section, "unsolicited" shall mean the printed
material referred to herein has not been ordered, subscribed to or
requested by the recipient.
b.
Excepted from the provisions of Subsection A hereof shall be such
printed material which plainly bears upon it, either in the masthead
or on the front page, the name and address of a person responsible
for its circulation to whom may be addressed a written notice by any
recipient indicating the recipient's desire to cease future delivery
of the item or printed material.
c.
There shall be no intentional delivery whatsoever of any such unsolicited
printed material to premises after the owner or tenant of such premises
has notified the publisher or the delivery person or, in the case
of printed material referred to in Subsection B hereof, after the
owner or tenant of the premises has notified that person indicated
in the printed material to be the person having authority to cease
further delivery of the same, by certified mail, return receipt requested,
at the address so indicated, that such delivery shall cease or be
suspended for a stated period of time.
d.
Any person, firm or corporation convicted of a violation of any provision
of this section shall be subject to a fine of not more than $250.
Each delivery in violation of the terms hereof shall be deemed a separate
offense.
