[Ord. #90-51, AI, 8-13-90; Ord. #99-51, § 1, 8-25-99]
a.
Excessive sound is a serious hazard to the public health, welfare,
safety, and the quality of life.
b.
A substantial body of science and technology exists by which excessive
sound may be substantially abated.
c.
The people have a right to, and should be ensured an environment
free from excessive sound.
d.
It is the policy of Township Council to prevent excessive sound that
may jeopardize the health, welfare, or safety of the citizens or degrade
the quality of life.
e.
This section shall apply to the control of sound within the limits
of the Township.
[Ord. #90-51, AII, 8-13-90]
As used in this section:
Shall mean a group of commercial facilities and the abutting
pubic rights-of-way and public spaces.
Shall mean any premises, property, or facility involving
traffic in goods or furnishing of services for sale or profit, including
but not limited to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
Shall mean the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to twenty
(20) times the logarithm to the base ten (10) of the ratio of the
sound pressure of the measured sound to the sound pressure of a standard
sound [twenty (20) micropascals]; abbreviated dB.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
Shall mean any work or action necessary to deliver essential
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, or abating life-threatening
conditions.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipative device or system for abating
the sound of escaping gasses of an internal combustion engine.
Shall mean any building wherein there are two (2) or more
dwelling units.
Shall mean any sounds of such level and duration as to be
or tend to be injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property throughout
the State or in any portions thereof, but excludes all aspects of
the employer-employee relationship concerning health and safety hazards
within the confines of a place of employment.
Shall mean the Cherry Hill Township Zoning Officer shall be designated as the official liaison with all municipal departments and shall be empowered to grant permits for variations in accordance with provisions of subsection 5-1.8.
Shall mean officially designated officers of the Cherry Hill
Police Department or of the Camden County Department of Health, trained
in the measurement of sound and empowered to issue a summons for violations
of this ordinance.
Shall mean any sound that (a) endangers the safety or health
of any person, or (b) disturbs a reasonable person of normal sensitivities,
or (c) endangers personal or real property.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the State or any
political subdivision, agency or instrumentality of the State.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either (a) the imaginary line including its vertical
extension that separates one parcel of real property from another,
or (b) the vertical and horizontal boundaries of a dwelling unit that
is one in a multi-dwelling-unit building.
Shall mean a group of residential properties and the abutting
public rights-of-way and public spaces.
Shall mean property used for human habitation, including
but not limited to:
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
Shall mean an instrument used to measure sound level and
conforms to Type 1 or Type 2 standards as specified by ANSI specifications
S1.4-1971.
Shall mean any day, Monday through Friday, that is not a
legal holiday.
[1]
Editor's Note: Former subsection 5-1.3, Powers, Duties and
Qualifications of the Noise Control Officers and Administrator, previously
codified herein and containing portions of Ordinance No. 90-51, was
repealed in its entirety by Ordinance No. 99-51.
[Ord. #90-51, AIV, 8-13-90; Ord. #99-51, § 1, 8-25-99]
a.
All departments of the Township shall carry out their programs according
to law and shall cooperate with the implementation and enforcement
of this section.
b.
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall make every
effort to control and abate any noise generated and shall comply with
all requirements within.
[Ord. #90-51, AV, 8-13-90; Ord. #99-51, § 1, 8-25-99]
a.
It shall be unlawful for any person to make, continue or cause to
be made or continued, any excessive or unusually loud noise, or to
create a noise disturbance within the limits of the Township except
as provided in this section.
b.
An excessive or unusually loud noise shall be defined for purposes
of this section, as any noise or sound that emanates past the boundary
or property from which it originates and by so doing creates a disturbance
for any of the contiguous property owners, or property owners in the
near vicinity.
[Ord. #90-51, AVI, 8-13-90; Ord. #93-23, § 1, 4-26-93;
Ord. #94-48, § 1, 7-11-94; Ord. #99-51, § 1, 8-25-99;
Ord. #2004-8, § 1, 6-14-04]
The following acts are declared to be loud, disturbing or excessive
noise in violation of this section, but said enumeration shall not
be deemed to be exclusive, namely:
a.
Horns and Signaling Devices. The sounding of any horn or signaling
device except as a danger warning signal or as provided in the Vehicle
Code of the State of New Jersey.
b.
Radios, Television Sets and Similar Devices.
1.
Operating or permitting the use or operation of any exterior radio
receiving set, musical instrument, television, phonograph, drum or
other device for the production or reproduction of sound, except as
provided for in paragraph c below, in such a manner as to cause a
noise disturbance.
2.
Operating any such device except between the hours of 8:00 a.m. and
dusk or 8:00 p.m., whichever comes first.
c.
Exterior Loudspeakers. Using or operating any mechanical device or
loudspeaker in a fixed or movable position exterior to any building
or mounted upon any aircraft or motor vehicle such that the sound
therefrom is plainly audible at or beyond the property boundary of
the source, or on a public way, except by permit. The Planning Board
and/or Zoning Board shall have the authority to restrict and control
the granting of permits.
d.
Street Sales. Selling anything by shouting or by outcry within any
area of the Township zoned primarily for residential uses, except
by permit.
e.
Animals. Owning, keeping, possessing or harboring any fowl or animal
for a continued duration which, by frequent or habitual howling, barking,
meowing, squawking or other noise making, causes a noise disturbance
across a residential property boundary. The noise disturbance must
exist for a minimum of thirty (30) minutes intermittently or ten (10)
minutes consistently.
f.
Loading Operations. Loading, unloading, opening, or otherwise handling
boxes, crates, containers, or otherwise similar objects except between
the hours of 8:00 a.m. and dusk or 8:00 p.m., whichever comes first.
Trash collection is specifically governed by contract. In no event
shall solid waste or recyclables be collected before 7:00 a.m.
g.
Construction Noise. Operating or causing to be operated any equipment
used in commercial construction, repair, excavation, alteration or
demolition work on buildings, structures, streets, alleys or appurtenances
thereto, in residential or commercial land use categories, except
on Monday through Friday between the hours of 7:00 a.m. and dusk or
8:00 p.m., whichever comes first, and on Saturdays and Sundays between
the hours of 8:00 a.m. and dusk or 8:00 p.m., whichever comes first,
without a permit.
h.
Impulsive Sources. The use of explosives or firing of guns or other
explosive devices.
i.
Motor Vehicle Racing Events. Operating or permitting the operation
of motor vehicle racing events at any place except an authorized track
and in a manner approved by the Township Council to minimize noise
disturbance.
j.
Powered Model Vehicles. Operating or permitting the operation of
powered model vehicles except between the hours of 8:00 a.m. and dusk
or 8:00 p.m., whichever comes first.
k.
Power Equipment. Operating or permitting to be operated any powered
saw, sander, drill, grinder, garden equipment or tools of like nature,
used primarily for domestic purposes, outdoors in residential zones
except between the hours of 8:00 a.m. and dusk or 8:00 p.m., whichever
comes first.
l.
Gas Powered Vehicles. The operation of any gas powered vehicle without
a muffler shall be deemed a violation. This shall include, but is
not limited to, the "revving" of engines.
[Ord. #90-51, AVII, 8-13-90; Ord. #99-51, § 1,
8-25-99]
[Ord. #90-51 AVIII, 8-13-90; Ord. #99-51, § 1,
8-25-99]
a.
Any person who owns or operates any noise source may apply to the
Department of Community Development for a variation, provided that
the reason for the application is to take care of a verifiable emergency
situation. The Township of Cherry Hill reserves the right to decide
whether or not a true emergency exists. Applications for a permit
of variation shall supply information including, but not limited to:
1.
The nature and location of the noise source for which such application
is made;
2.
The reason for which the permit of variation is requested, including
the hardship that will result to the applicant, his/her client, or
the public if the permit of variation is not granted;
3.
The nature, intensity and times of day of noise that will occur during
the period of the variation;
4.
The subsection or subsections of this section for which the permit
of variation shall apply;
5.
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts of occurring therefrom;
and
6.
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance with this section within
a reasonable time.
b.
Failure to supply the information required by the Department of Community
Development shall be cause for rejection of the application.
c.
A copy of the permit of variation must be kept on file by the Township
Clerk for public inspection.
d.
The Department of Community Development shall charge the applicant
a fee of fifty ($50.00) dollars to cover expenses resulting from the
processing of the permit of variation application.
e.
The Department of Community Development may, at their discretion,
limit the duration of the permit of variation, which shall be no longer
than ten (10) days. Any person holding a permit of variation and requesting
an extension of time shall apply for a new permit of variation under
the provisions of this subsection.
f.
No variation shall be approved unless the applicant presents adequate
proof that:
g.
In making the determination on granting a variation, the Department
of Community Development shall consider:
1.
The character and degree of injury to, or interference with, the
health and welfare or the reasonable use of property which is caused
or threatened to be caused;
2.
The social and economic value of the activity for which the variation
is sought;
3.
The ability of the applicant to apply best practical noise control
measures;
4.
The approval of the application for variation by the Chief of Police
and Township Council.
h.
The permit of variation may be revoked by the Department of Community
Development if the terms of the permit of variation are violated.
i.
A variation may be revoked by the Department of Community Development
if there is:
[Ord. #90-51 AIX, 8-13-90; Ord. #99-51, § 1, 8-25-99]
a.
Penalties. Violations of any provision of this section shall be cause for a summons to be issued by the Police Department, Community Development, Building Code Department, or other designated Township Official. Please refer to the Revised General Ordinances of Township of Cherry Hill, Section 1-5, General Penalty. In addition to a summons, any individual, organization, or establishment that fails to abide by this section when required to do so may be subject to closure and/or a cease and desist order.
b.
Abatement Orders.
1.
Except as provided in paragraph 2 below, in lieu of issuing a summons as provided in subsection 5-1.9a, the above named officials may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to the guidelines which the Department of Community Development may prescribe.
c.
Other Remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violations
of this section or from other law.
[Ord. #332, § 1, 6-11-62]
As used in this section:
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage, refuse, rubbish and all other waste material,
which, if thrown or deposited as herein prohibited, tends to create
a danger to public health, safety and welfare.
Shall mean any and all streets, sidewalks, boulevards, municipal
or private parking lots, alleys or other public ways, and any and
all public parks, squares, spaces, grounds, buildings and recreation
areas.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and non-combustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
[Ord. #332, § 2, 6-11-62]
No person shall throw or deposit litter in or upon any public
place within the Township except in public receptacles or in authorized
private receptacles for private collection; provided, however, that
the public receptacles shall not be used by persons owning or occupying
property in the vicinity of the public receptacles for the deposit
of domestic, commercial and industrial litter arising from the conduct
of said activities.
[Ord. #332, § 4, 6-11-62]
No person shall sweep into or deposit in any public place within
the Township an 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 from litter.
[Ord. #332, § 3, 6-11-62]
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 public place.
[Ord. #332, § 5, 6-11-62]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any public place within the Township.
[Ord. #332, § 6, 6-11-62]
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 or contents of litter from being blown or deposited
upon any public place.
[Ord. #75-70, § 1, 9-22-75]
Any person who shall consume alcoholic beverages while in or
on a public street, land, sidewalk, public parking lot, public or
quasi public place or in any public conveyance; or in a private motor
vehicle while the same is in motion or parked in any public street,
lane or public parking lot; or while upon any private property not
his own without the express permission of the owner or other person
having authority to grant such permission; or who shall discard alcoholic
beverage containers upon any public street, lane, sidewalk, public
parking lot, public or quasi public place or upon any private property
not his own without the express permission of the owner, is a disorderly
person.
a.
The service, delivery or consumption of any alcoholic beverage in
any recreation center, sports arena, stadium bowling alley, bowling
center, ball field, billiard or pool parlor or public swimming pool,
except as hereinafter provided, within the Township, is prohibited
without a license issued pursuant to N.J.S. Title 33, the New Jersey
Alcoholic Beverage Laws.
b.
The consumption of any alcoholic beverages in any recreation center,
sports arena, stadium, ball field, billiard or pool parlor or public
swimming pool, that has not been issued a license pursuant to the
New Jersey Alcoholic Beverage Laws, within the Township is hereby
prohibited.
c.
The consumption of any alcoholic beverage by persons twenty-one (21)
years or older in any bowling alley or bowling center not having a
license issued pursuant to the New Jersey Alcoholic Beverage Law is
permitted.
[Ord. #85-52, § 1.C, 8-26-85]
d.
Knowingly permitting the consumption of any alcoholic beverage in
any bowling alley or bowling center by anyone under the age of twenty-one
(21) years is hereby prohibited.
[Ord. #85-52, §§ 1.A—1.D, 8-26-85]
[Ord. #71-52, § 2, 12-27-71]
As used in this section:
Shall mean and include all streets, sidewalks, easements
or any other areas dedicated or commonly used for vehicular or pedestrian
traffic.
Shall mean and include all parks, recreation areas, ball
parks, lake areas, storage facilities, garage areas, Board of Education
property and any and all other Township or publicly owned land and
premises.
[Ord. 71-52, §§ 1,3,
12-27-71; Ord. #74-16, § 1, 5-13-74]
a.
On Township Owned Land; Public Property.
1.
It shall be unlawful for any person to operate any type of unlicensed
motor driven vehicle or conveyance, including but not necessarily
limited to snowmobiles, two (2) wheel motor vehicles known as mini
bicycles, trail bicycles, motor scooters and four (4) wheel motor
vehicles, commonly known as go-karts upon any public property or Township
owned land.
2.
It shall be unlawful for any person to possess any type of unlicensed
motor driven vehicle or conveyance, including but not necessarily
limited to snowmobiles, two (2) wheel motor vehicles known as mini
bicycles, trail bicycles, motor scooters and four (4) wheel motor
vehicles, commonly known as go-karts, upon any Township owned land.
b.
On Private Property. The operation of the motor driven vehicle is
additionally prohibited upon private property, unless the operator
of the motor driven vehicle has in his possession, an express written
permission to operate the vehicle on private property by the owner
of the property.
[Ord. 76-14, § 1,
3-8-76]
Motorized bicycles may not be used on Interstate and primary
highways or upon the railroad or right-of-way of an operating railroad.
The operator of a motorized bicycle must be at least fifteen (15)
years of age. A driver license and personal equipment such as helmets
and goggles are not required.
Motorized bicycle shall mean a pedal bicycle having a helper
motor characterized in that the maximum piston displacement is less
than fifty (50) cc., rated no more than one and one half (1 1/2)
brake horsepower and capable of a maximum speed of no more than twenty-five
(25) miles per hour.
[Ord. #71-52, § 4, 12-27-71]
It shall be unlawful to operate any unlicensed motor driven
vehicle in a manner so as to create loud, unnecessary, or unusual
noise so as to disturb or interfere with the peace and quiet of other
persons.
[Ord. #133, § 7, 4-24-30]
No person shall operate any tractor or other vehicle, including
agricultural implements, on the highways of the Township, with wheels
that dig up or injure the surface thereof. If necessary to cross any
highway of the Township, proper planking shall be laid to eliminate
injury to the surface thereof.
[Ord. #68-26, preamble, 5-13-68]
Over two (2) summers, riotous outbreaks have occurred in several
municipalities of our country, including Newark and Plainfield in
our own State, resulting in personal injury and death to many as well
as property damage in the millions of dollars.
Upon the assassination of Doctor Martin Luther King, Jr. renewed
incidents of violence occurred in one hundred twenty-five (125) municipalities
over the country, including Newark, Trenton and to a minor degree
other municipalities in New Jersey, causing property damage estimated
at forty-five million ($45,000,000.00) dollars and the loss of forty-six
(46) lives.
Although the Township of Cherry Hill has an unparalleled record
of cooperation and active assistance through the Township Council,
the Business Administrator and the citizenry itself, in rooting out
and eliminating possible causes underlying the resort to violence
in other areas, the possibility of small groups of outside agitators
bringing violence to Cherry Hill cannot be eliminated.
It is desired to provide for that possibility, being cognizant
of the local government's duty to protect life and property, in order
to isolate and apprehend the small minority who precipitate and participate
in riots, destructive looting and other unlawful activities; and
It is intended to declare in advance of any possible outbreak,
this Governing Body's determination to uphold the laws of our community,
the peace and dignity of the same, with such force as may be necessary
restrained however by an intelligent recognition of the priority of
life and personal rights over property rights.
It is the intent of the Township Council that this emergency
legislation shall only be used in true emergency situations and only
for so long as such situations continue to exist in the Township of
Cherry Hill.
[Ord. #68-26, § 1, 5-13-68]
In the event of the existence of, or the clear and present danger
of the occurrence of, a riot, violent demonstrations and disturbances,
militant and disorderly assemblages exceeding twenty-five (25) persons
if unarmed, or twelve (12) persons if armed, an uncontrolled mob,
looting, sniping, fire bombing, property destruction, or other unlawful
activity commonly associated with the foregoing which are designed
to be nonexclusively descriptive of activity which is undeterred would
probably result in anarchy, personal injury or death, or property
damage, and which cannot be quelled by ordinary police measures, the
Business Administrator shall, but only after conferring with and securing
the concurrence of the Mayor:
a.
Alert the Office of the Governor of New Jersey, the State Police,
and the National Guard of the existing conditions.
b.
Proclaim jointly with the Mayor, a State of Emergency setting forth
in detail the factual basis for such proclamation and causing dissemination
of the proclamation to be made to the public.
c.
To the extent determined necessary to cope with the conditions set
forth in the proclamation:
1.
Impose a curfew;
2.
Order the closing of all liquor stores, taprooms and bars and prohibit
the sale or service of alcoholic beverages;
3.
Order the closing of other retail establishments;
4.
Prohibit the gathering of groups in excess of twelve (12) persons;
5.
Require the cancellation of events which would require the attendance
of groups in excess of twelve (12) persons;
6.
Prohibit the sale of gasoline in containers;
7.
Order such further limitations or restrictions on individual activity
as may be reasonably required.
d.
When and if necessary, request from the appropriate authorities,
the assistance of the State Police, National Guard or Federal troops.
e.
Direct the Chief of Police to cancel all leaves in the Police Department,
extend shifts and take all appropriate steps necessary to confront
the conditions stated in the proclamation with immediate and massive
force but with intelligent restraint on its use.
f.
As promptly as possible advise the Township Council of the actions
taken hereunder.
[Ord. #68-26, § 4, 5-13-68]
During the existence of a proclamation authorized by subsection 5-5.2 above, the Business Administrator is directed to continue efforts to eliminate the causes in Cherry Hill underlying the actions resulting in the proclamation and to that end to enter into and continue good faith conferences with responsible individuals and groups.
[Ord. #68-26, § 3, 5-13-68]
In the event the proclamation and orders thereunder authorized by subsection 5-5.2 above are still in effect after forty-eight (48) hours, the Mayor shall convene a special meeting of the Township Council within twenty-four (24) hours. At the special meeting the Business Administrator shall report with such supporting documentation as is possible or as is required by the Council, the facts which in his opinion prevent the lifting of the proclamation. On the basis of such report, the Council shall terminate or revoke the proclamation if it appears to the Council that the conditions set forth in subsection 5-5.2 do not then exist; otherwise it shall authorize the continuation of the proclamation for an additional twenty-four (24) hours recessing its meeting until the end of such period. At the end of the twenty-four (24) hour period and each twenty-four (24) hour period thereafter until the proclamation is lifted, the Council shall reconvene to hear, consider and act on as hereinbefore provided, a factual report by the Business Administrator.
This subsection shall have no application during such time as a State of Martial Law declared by the Governor of New Jersey exists in Cherry Hill or there are in Cherry Hill, State Police, National Guardsmen or Federal troops for the purpose of coping with the conditions set forth in subsection 5-5.1.
[Ord. #68-26, § 2, 5-13-68]
Upon the termination of the conditions which prompted the proclamation authorized by subsection 5-5.2, the Business Administrator shall terminate and revoke the same and the prohibitions and orders issued pursuant to it.
[Ord. #77-68, § 1, 11-28-77; Ord. #2006-11, § 1,
4-10-06]
No person shall discharge any firearm upon, or across any State,
County or municipal road or highway and no person shall have in his
possession a loaded gun within one thousand five hundred (1,500')
feet of an occupied building or school playground situated in the
Township, except in the following instances in which case the distance
shall be four hundred fifty (450') feet or closer with the property
owner's permission:
a.
Properties under State depredation permit identified on Cherry Hill
Tax Map as block 438.01, lot 2 and block 510.02 lot 1 ("Springdale
Farm");
b.
Those adjoining Township parcels involved in the depredation effort
and only for the duration of the depredation efforts as defined by
the above-named permit known as block 437.05 lot 99 ("Retention Area")
and block 526.01 lot 1 ("Ecology Site");
c.
Any exceptions provided by New Jersey statute;
[Ord. #77-68, § 2, 11-28-77; Ord. #2006-11, § 2,
4-10-06]
Property owners who discharge firearms on their own land, or
give permission to others to do so, shall post their land to indicate
their property boundary beyond which such discharge is prohibited;
permission shall be in writing and shall be carried by the individual
relying on such permission.
[Ord. #77-68, § 3, 11-28-77]
This section shall not apply to the United States Marshal or
his deputies; members of the Armed Forces of the United States or
of the National Guard; any sheriff, undersheriff, County prosecutor,
assistant prosecutor, or prosecutor's detective; regularly employed
members, including detectives, of the Police Department of any County,
municipality or of any State, interstate, municipal or County park
police force; any special policemen appointed by the Governing Body
of the County or municipality; any member of the State Police or any
motor vehicle inspector; any jailer, constable, railway police or
any other peace officer; any prison or jail warden or his deputies
or any jail guard or any other attendant; any guard in the employ
of any railway express company, building corporation, or savings and
loan association of this State; any officer of the Society for the
Prevention of Cruelty to Animals; any legally recognized military
organization when under orders or any member thereof when going to
or from the place of meeting of the organization; the Director, Deputy
Directors, Inspectors and Investigators of the Division of Alcoholic
Beverage Control; employees of public utilities actually engaged in
the transportation of explosives; while the persons are actually engaged
in the performance of official duties.
[Ord. #223, § 1, 12-21-59]
No person shall hunt with a hound or with firearms or weapons
of any kind or carry or discharge a firearm for such purpose, in or
upon any property within the Township unless the person is an owner
of the property or is a lessee of the property or carries upon his
person a written permission from the owner or lessee of the property
to do so and is in compliance with all game and hunting laws of the
State of New Jersey.
[Ord. #2012-25, 11-26-12]
No person shall smoke within the boundary of Cherry Hill Township
owned land, or any property which is owned, maintained or in the possession
of the Township of Cherry Hill, including but not limited to all parks,
playgrounds, active and passive recreational facilities, the Municipal
Complex, Department of Public Works, Cherry Hill Public Library, Croft
Farm and Historic Barclay Farmstead.
[Ord. # 2012-25, 11-26-12]
Shall mean the burning of, inhaling from, exhaling the smoke
from or the possession of a lighted cigar, cigarette, pipe or other
paraphernalia that can be used to consume tobacco or a tobacco-like
substance.
[Ord. # 2012-25, 11-26-12]
This section shall be enforced by the Cherry Hill Township Municipal
Police Department.
[Ord. # 2012-25, 11-26-12]
Any person found to be in violation of this section shall be
issued a summons and shall be subject to the following penalties:
a.
First Offense — A fine of not less than $100.00 and not to
exceed $150.00.
b.
Second Offense — A fine of not less than $150.00 and not to
exceed $250.00.
c.
Subsequent Offenses — A fine of not less than $300.00 and not
to exceed $500.00.
|
In addition to the above penalties, any person found to be in
violation of this section shall also be responsible for all costs
of prosecution.
|
[Ord. #88-82, § 1, 1-3-89; Ord. #2004-16, § 1,
10-25-04]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 et seq. and N.J.S.A. 2C:35-7.1 the Drug-Free School, Park,
Public Buildings and Public Housing Zone map, produced on or about
September 30, 2004 by Remington & Vernick Engineers, Cherry Hill
Township's appointed Municipal Engineer, is hereby approved and adopted
as official findings and records of the locations and areas within
the municipality, of property which is used for school purposes and
which is owned by or leased to any elementary or secondary school
or school board, and of the areas on or within one thousand (1,000')
feet of such school property and of property which is a public park,
public building or public housing facility.
[Ord. #88-82, § 2, 1-3-89; Ord. #2004-16, § 2,
10-25-04]
The Drug-Free School, Park, Public Building and Public Housing Zone Map, approved and adopted pursuant to subsection 5-9.1 of this section, shall continue to constitute official findings and records 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, and of property which is a public park, public building or public housing facility and of the areas on or within five hundred (500') feet of such public park, public building or public housing facility, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #88-82, § 3, 1-3-89; Ord. #2004-16, § 3,
10-25-04]
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 Municipal Attorney of any changes or contemplated changes in the
location and boundaries of any property owned by or leased to any
elementary or secondary school or school board and which is used for
school purposes.
[Ord. #88-82, § 4, 1-3-89; Ord. #2004-16, § 4,
10-25-04]
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the maps approved and adopted pursuant to subsection 5-9.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file.
[Ord. #88-82, § 5, 1-3-89; Ord. #2004-16, § 5,
10-25-04]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 5-9.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map as it pertains to schools, 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.
It is understood that the map approved and adopted pursuant to subsection 5-9.1 of this section was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of this State, and that pursuant to State law, such map as it pertains to public parks, public buildings and/or public housing, shall constitute prima facie evidence of the following:
1.
The location of public parks, public buildings and public housing
facilities within the municipality;
2.
The boundaries of the real property of such public park, public building
or public housing facility;
3.
That such public park, public building or public housing facility
continues to be used for such purposes; and
4.
The location and boundaries of areas which are on or within five
hundred (500') feet of such public park, public building or public
housing facility property.
c.
All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or school board
and was being used for school purposes as of July 9, 1987, that being
the effective date of N.J.S.A. 2C:35-7.
d.
Pursuant to the provision of N.J.S.A. 2C:35-7 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 5-9.1 of this section. The failure of the maps 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, or of any public park, public building or public housing facility, 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.
e.
Compliance has been made with all of the requirements set forth in
N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation,
approval and adoption of Drug-Free School, Public Park, Public Building
or Public Housing Facility Zone Maps.
[Ord. #89-73 preamble, 12-11-89]
The public health, safety and welfare of the community require
that members of the community enjoy a right to unimpeded access to
health care facilities located within the community.
The intentional obstruction of access into and out of health
care facilities threatens the health, safety and welfare of members
of the community seeking health care counseling and treatment.
The intentional obstruction of access into and out of health
care facilities can impair the provision of emergency medical services
causing potentially fatal results.
The intentional obstruction of doorways intended by the health
care facility to be used by the public during the normal hours of
operation of such facility constitutes the intentional obstruction
of access into and out of such facility.
[Ord. #89-73, § 1, 12-11-89]
Within the Township, no person shall obstruct or cause the obstruction
of access into or out of any health care facility, as defined in N.J.S.A.
26:2H-2, by intentionally blocking a doorway intended by the health
care facility to be used by the public for access into or out of any
such health care facility during the normal hours of operation.
[Ord. #89-73, § 2, 12-11-89]
Any person violating the provisions of this section shall upon
conviction for a first offense be liable to a fine of five hundred
($500.00) dollars together with the costs of prosecution.
Any person who shall be found guilty of violating the provisions
of this section who has previously been convicted of a violation thereof
within one (1) year, shall upon conviction thereof be liable to a
fine of one thousand ($1,000.00) dollars for each such offense, together
with the costs of prosecution.
[Ord. #93-42, § 1; Ord. #94-71, § 1]
As used in this section:
Shall mean any mechanical device, attached to a tobacco vending
machine, which is electronically operated by a third party to control
the sale of tobacco products.
As used herein, shall mean and include the following: any
person, firm, corporation or association in whose place of business
or employment tobacco products are offered for sale, directly or by
machine.
Shall mean any product made from the tobacco plant or containing
tobacco leaf, for the purpose of smoking, chewing, inhaling or other
personal use, including but not limited to cigarettes, cigars, pipe
tobacco, chewing tobacco, snuff, and dipping tobacco.
Shall mean any mechanical, electrical or electronic self-service
device which, upon insertion of money, tokens or any other form of
payment, dispenses tobacco or tobacco products, either exclusively
or as one kind of available item.
[Ord. #93-42, § 2]
It shall be unlawful for any person, firm, corporation or association:
a.
To sell or permit to be sold, or offer to sell any tobacco product
to any individual without requesting and examining identification
from the purchaser positively establishing the purchaser's age as
eighteen (18) years of age or greater, unless the seller has some
other conclusive basis for determining the buyer is over the age of
eighteen (18) years; or
b.
To sell or permit to be sold any tobacco product to a person under
eighteen (18) years of age.
[Ord. #93-42 § 3; Ord. #94-71 § 3]
In view of the indiscriminate sales of tobacco products to minors
by automatic vending machines, all tobacco vending machines are hereby
prohibited in the Township of Cherry Hill. It shall be unlawful for
any person, firm, corporation or association to possess a tobacco
vending machine or to sell or offer to sell any tobacco product through
a tobacco vending machine in the Township of Cherry Hill.
Exception: A waiver may be applied for in order to vend tobacco
products in accordance with the provisions of this section.
[Ord. #94-71 § 4]
The owner of a bar, tavern, restaurant or other establishment which has a valid distribution or consumption liquor license may obtain a waiver from the prohibitions contained in subsection 5-11.2 and subsection 5-11.3 provided that the bar, tavern, restaurant or other establishment, by written policy, bars access by minors to the bar area at all times; a bar or tavern which has teenage events at any time including, but not limited to, events at which only non-alcoholic beverages are served shall not be deemed to have such a policy. The written policy shall be prominently displayed in the bar tavern or restaurant bar area.
The intent of this subsection is to permit the vending of tobacco
products through tobacco vending machines only under very limited
circumstances. Generally, those areas are limited to the bar areas
of bars, taverns and restaurants.
a.
Qualification for Waiver:
1.
The bar, tavern, restaurant, hotel or other facility shall have a
valid distribution or consumption liquor license.
2.
A restaurant, hotel or other facility shall have a distinct area,
separate and apart from the restaurant or hotel, in which the liquor
is being served (e.g., bar area). Liquor shall be served from this
area but may be consumed in the restaurant area.
3.
The vending machine for which the waiver is sought shall be not less
than ten (10) feet from all public entrance or exit ways and shall
be within fifteen (15) feet of the bartender or cashier station within
the bar area, and within the direct visual supervision of the bartender
or cashier within the bar area. There shall be no full wall impediment,
glass or otherwise, between the bartender or cashier and the vending
machine.
4.
The tobacco vending machine shall be equipped with a "lock-out" device
in which:
(a)
The lock-out device allows the location attendant (either bartender
or cashier) to control the sale of tobacco products in accordance
with local laws by blocking the vending mechanism;
(b)
The attendance must be approached by the customer before the
machine will vend;
(c)
The tobacco vending machine shall be under the direct visual
observation of the person operating the control button or switch of
the locking device;
(d)
The attendant pushes the remote control button to allow a vend;
(e)
The lock-out device automatically resets to prevent the next
vend. There can be no multiple sales;
(f)
The control button or switch on the locking device shall be
within fifteen (15) feet of the tobacco vending machine it controls.
The control button or switch shall be located in an area not directly
accessible to non-employees of the retail or other establishment;
(g)
Access to the interior of the machine is controlled only by
the vending machine company;
(h)
The lock-out device is equivalent or equal to a "WICO" lock-out
device.
5.
The cost of the lock-out device is to be borne by the vending machine
company and shall be installed by a competent service person.
6.
Under no circumstances will more than two (2) vending machine waivers
be issued on any liquor license. No more than two (2) tobacco vending
machines meeting all the requirements and restrictions of this section
shall be allowed in any single bar, tavern, restaurant or other establishment.
Where two (2) tobacco vending machines are to be installed, separate
control buttons or switches no closer than twenty-four (24) inches
apart shall be installed for each tobacco vending machine to prevent
the inadvertent activation of the tobacco vending machine other than
the one from which a purchase is desired to be made.
[Ord. #94-71 § 5]
a.
All lock-out devices required on tobacco vending machines shall be
licensed. Licenses shall be issued by the Township Clerk if:
2.
The proper fee is paid. A non-refundable licensing fee for each tobacco
vending machine locking device shall be one hundred ($100.00) dollars
per application per machine, payable in advance. In no case shall
any portion of the license fee be refunded. Replacement of any tobacco
vending machine or lock-out device during the course of the waiver
period shall not result in an additional fee. In the event of a transfer
of ownership of the premises or liquor license, a new waiver application
and license fee shall be required.
[Ord. No. 94-71 § 6]
The procedure for waiver application and issuance shall be as
follows:
a.
Application for a waiver hereunder shall be filed in writing with
the Township Clerk on a form to be provided by the Clerk, and shall
specify:
1.
The name and address of the owner of the bar, tavern, restaurant
("the proprietor") or other establishment which seeks a waiver, and
if a firm, corporation, partnership or association, the principal
officers thereof and their addresses;
2.
The address of the bar, tavern, restaurant or other establishment
for which the waiver is sought;
3.
The liquor license number and type with expiration date(s) of same;
4.
The name and address of the owner of the tobacco vending machine,
if other than the proprietor;
5.
The applicant shall submit an affidavit that access to use of the
tobacco vending machine by minors is and will be prohibited in the
bar, tavern or liquor serving area/bar area of a restaurant at all
times under all circumstances (including non-alcoholic events for
teenagers) by written policy of the owner of the premises; and have
appended to it a copy of that written policy and shall indicate where
in the bar, tavern or restaurant the written policy is prominently
displayed.
(a)
Variance of location. Should the physical layout or structure
of the bar, tavern, restaurant or other facility preclude the distance
requirement of paragraph 5 above, the applicant may apply for a written
variance. The Clerk, or designee, shall then inspect the establishment
and make a reasonable determination if the proposed location substantially
complies with the requirements of this section.
6.
In the case of an application for a waiver pursuant to this subsection,
the affidavit shall further declare (a) that the tobacco vending machine
is located not less than ten (10) feet distance from the nearest entrance
to or exit from the restricted bar area, is located within the distinct
liquor serving area, and append thereto a sketch showing the location
of the machine and the distances, and (b) that the machine will be
under the direct visual supervision of the applicant's cashier or
bartender in the liquor serving area and will be not less than fifteen
(15) feet from the cashier or bartender station.
7.
The proper license fee shall accompany such a waiver application.
The waiver shall issue if the Township Clerk finds that the locational
standards of paragraph 6 are satisfied, that the affidavit is satisfactory
(see paragraph 5 above), that the establishment in which the lock-out
tobacco vending machine is to be placed has a valid liquor license
(distribution or consumption) and that the required fees have been
paid.
8.
The waiver shall specify the precise location in the premises for
which it is issued. All waivers under this section shall expire thirty-six
(36) months after their issuance. The waiver shall be posted in a
conspicuous place in the establishment of the applicant in close proximity
to the tobacco vending machine. Such waiver shall be non-assignable
and non-transferable, and shall apply only to the premises and location
in the bar, tavern, restaurant or other facility for which such waiver
is issued. Should the establishment lose, forfeit, transfer, or sell
its distribution or consumption liquor license, the waiver shall automatically
be revoked without refund.
9.
Appeal. Should the applicant be denied a waiver, the applicant may
appeal to the Township Council for a final determination.
10.
The governing body shall have the right to revoke any waiver issued hereunder for failure to continue at all times to satisfy the locational standards of this section, to admit at any time a minor or to comply with the terms of the waiver, for submission of materially inaccurate or incorrect information in an application, or for failure to comply with the lock-out requirements outlined in subsection 5-11.4, or if the establishment loses, transfers, forfeits or sells its liquor license.
[Ord. No. 94-71 § 7]
It shall be unlawful for any person including the distributor
responsible for the installation, operation, or maintenance of a tobacco
vending machine to remove, disconnect or otherwise disable the locking
device for the purpose or with the result that prospective customers
of the tobacco vending machine can purchase tobacco products without
the locking device controlling each individual sale.
[Ord. No. 94-71 § 8]
A tobacco vending machine which is not installed or operating
in accordance with this section may be seized, forfeited and disposed
of in the same manner as other unlawful property seized under N.J.S.A.
2C:64-1 et seq. Any machine so seized may be returned to its owner
upon payment of the reasonable costs incurred in connection with the
seizure and any fine imposed by the Municipal Court.
[Ord. #93-42 § 4; Ord. #94-71 § 9]
a.
Any person, firm, corporation or association violating subsection 5-11.2 shall be subject to a maximum fine of one hundred ($100.00) dollars for the first violation, two hundred fifty ($250.00) dollars for the second violation, five hundred ($500.00) dollars for the third violation, and one thousand ($1,000.00) dollars for the fourth or greater violations within a two (2) year period. For purposes of this section, the two (2) year period will be considered as the seven hundred thirty (730) days directly preceding the most recent violation.
b.
Any person, firm, corporation or association owning, operating, renting
or permitting the use of or operation of a tobacco vending machine,
without a waiver and license as granted under this section, on premises
under his or her ownership, control or management shall be subject
to a fine of two hundred fifty ($250.00) dollars per day per violation.
Each day on which such a machine is owned, operated, rented or permitted
on the premises shall be deemed a separate violation and shall result
in an additional fine.
c.
Both the individuals permitting the sale of tobacco products to a
minor in violation of this section and the owner of the premises may
be subject to the penalties described above.
[Ord. #93-42 § 5; Ord. #94-71 § 10]
The Municipal Police Department or any citizen may enforce this
section by filing a complaint in Municipal Court provided that no
citizen may file a complaint prior to one hundred twenty (120) days
after the date this section takes effect.
[Ord. #133, § 1, 4-24-39]
No person shall keep or maintain a disorderly house or houses
of ill fame, or allow or permit any house, shop, store, or other building
owned or occupied by him or her to be used as a disorderly house or
house of ill fame, or to be frequented or resorted to by riotous or
disorderly persons, prostitutes, gamblers or vagrants.
[Ord. #133, §§ 2, 3, 4-24-39]
a.
No person shall keep, set up, or maintain, or permit to be set up,
kept or maintained in any house or premises any faro table, faro bank,
roulette wheel, or other device or game of chance for the purpose
of gaming, or cock-pit, or other place or places for animals to fight,
nor shall any person hold or permit to be held in any house or premises
any dog fight, cock fight, for a purse or money prize or any reward,
whatsoever.
b.
No person shall deal, play or engage in faro, roulette or other game
of chance, either as banker, player, dealer or otherwise for the purpose
of gaming.
[Ord. #133, § 4, 4-24-39; Ord. #2012-8, 2-27-12]
No person or persons shall appear in any street, public place,
swimming pool, tavern, restaurant, beer garden, road house, tap room,
cafe, hotel, club or in any other place where two (2) or more persons
shall assemble, in a state of nudity, or in an indecent or lewd dress,
or shall make any indecent exposure of his or her person, or be guilty
of any lewd or indecent act or behavior, or shall exhibit, sell or
offer to sell any indecent, lewd or immoral picture, book or thing,
or shall exhibit or perform any indecent, immoral or lewd play or
other representation.
[Ord. #133, § 5, 4-24-39; Ord. #2006-12, 4-24-06]
No person shall shoot from any air gun, shot gun, machine gun,
rifle, pistol, or paintball gun within the confines of a residential
district of the Township of Cherry Hill, nor within three hundred
(300') feet of any building commonly known as a dwelling, nor upon
or across any Township highway at any time; nor upon any lands or
property of the Township of Cherry Hill or Board of Education of the
Township of Cherry Hill, properly posted in accordance with law.
[Ord. #133, § 6, 4-24-39]
No person shall ignite any grass field, or kindle any fire in
such position as to ignite any adjacent grass field. If it is necessary
to burn off any grass field, permission shall first be obtained from
the Chief of the Fire Company, having jurisdiction over the Fire District
in the Township of Cherry Hill, in which the grass field is located.
[Ord. #133, § 7, 4-24-39]
No person shall operate any tractor or other vehicle, including
agricultural implements, on the highways of the Township of Cherry
Hill, with wheels that dig up or injure the surface thereof. If necessary
to cross any highway of the Township of Cherry Hill, proper planking
shall be laid to eliminate injury to the surface thereof.
[Ord. #133 § 8, 4-24-39]
No person shall at any time disturb the peace and quiet of the
neighborhood in any manner, either while under the influence of intoxicating
liquor or sober; nor engage in any fist-fight or brawl.
[Ord. #133, § 9, 4-24-39]
Any person, firm or corporation who shall violate any of the
provisions of this section, shall upon conviction, be punished by
imprisonment in the County jail or Township lock-up for a term not
exceeding ninety (90) days or a fine not exceeding two hundred ($200.00)
dollars or both. In default of the payment of any fine imposed under
this section, any person convicted of a violation hereof may, in the
discretion of the magistrate by whom such person was convicted, be
imprisoned in the County jail or Township lock-up for a term not exceeding
ninety (90) days.
[Ord. #133, § 10, 4-24-39]
The term "person," as used in this section, shall include a
person of either sex, any natural person or association of natural
persons, association, partnership or corporation.
[Ord. #80-15, § I, 3-24-80]
a.
Purpose. The propose of this section is to establish regulations
concerning the operation and maintenance of certain alarm systems
within the Township of Cherry Hill, and to provide penalties upon
conviction for violation of any of the provisions set forth herein.
b.
Definitions. For the purpose of this section, certain words and phrases
are defined as follows:
1.
ALARM SYSTEM -- Shall mean any mechanical, electrical or electronic
device which is designed or used for the detection of an unauthorized
entry into a building, structure, or facility, or for alerting others
about the commission of an unlawful act within a building, structure
or facility, or for alerting others about the existence of any other
condition requiring response of police, fire, or ambulance personnel;
and which emits and/or transmits an audible and/or visual signal or
message when actuated. Alarm systems include, but are not limited
to direct-dial telephone devices, audible alarms, and subscriber alarms.
2.
AUDIBLE ALARM -- Shall mean a device that emits an audible signal
from the premises that it is designed to protect.
3.
DIRECT-DIAL ALARM -- Shall mean a device that, when actuated, causes
a recorded message to be transmitted, via telephone, to the Cherry
Hill Police Communications Center, stating that emergency response
is necessary.
4.
EMERGENCY PHONE NUMBER -- Shall mean the primary phone number advertised
to the public for requesting emergency services.
5.
FALSE ALARM -- Shall mean an alarm signal, necessitating response
by the Cherry Hill Police, where an emergency situation does not exist.
An alarm that has been activated by an external source that is beyond
the reasonable control of the subscriber shall not be considered false.
6.
SUBSCRIBER ALARM -- Shall mean an alarm system that is terminated
by direct connection to the Cherry Hill Police Communications Center,
in accordance with regulations prescribed in separate legislation.
7.
TOWNSHIP -- Shall mean Township of Cherry Hill.
8.
POLICE -- Shall mean Cherry Hill Bureau of Police.
[Ord. #80-15, § II, 3-24-80]
a.
It shall be the responsibility of all persons, entities, firms, corporations,
or other groups that maintain alarm systems within the Township, to
provide current information to the police, consisting of the names
and telephone numbers of responsible persons who may be contacted
in case of emergency, or who are authorized to provide service to
the alarm system; either must be on a twenty-four (24) hour basis.
This information is to be filed with the police when the alarm system
is initially placed into service, and must be revised immediately
whenever changes are necessary.
b.
Audible alarms must be silenced within sixty (60) minutes after a
designated responsible person is notified to do so by the police or,
the alarm system may be equipped with a timing device that will automatically
silence the audible alarm within sixty (60) minutes after it is actuated.
c.
The direct dial alarms shall not be connected to the Cherry Hill
Bureau of Police emergency phone number. A secondary phone will be
provided for direct dial alarms only. Direct dial alarms must be equipped
with a device that will prevent more than three (3) repeated transmissions
of an alarm for the same emergencies to the Cherry Hill Police Communications
Center. Recorded messages must also include the name and telephone
number of a responsible person who may be contacted by the police
in case of an emergency, on a twenty-four (24) hour basis.
d.
It shall be the responsibility of all persons, entities, firms, corporations,
or other groups that maintain alarm systems within the Township to
prevent the transmission of false alarms through a program of training,
and periodic inspection and maintenance of the system. The maximum
permissible number of false alarms from any one location shall be
as follows:
Two (2) false alarms in any thirty (30) day period, or
Eight (8) false alarms in any one (1) year period.
False alarms in excess of these standards shall be considered
to be in violation of this section.
[Ord. #80-15, § III, 3-24-80]
The provisions of this section shall not apply to the general
alerting alarms that may be used by fire companies, ambulance squads,
or civil defense agencies, to summon response of their members. The
provisions of the section shall not apply to alarm systems that are
affixed to motor vehicles.
[Ord. #80-15, 3-24-80; Ord. #2009-2, 2-9-09]
Any person, entity, firm, corporation or other group that is
found guilty of violating any of the provisions of this section shall
be subject to a fine of not more than one thousand two hundred fifty
($1,250.00) dollars. Each incident shall be considered as a separate
violation. In addition to any penalty that may be ordered by the Court,
the Chief of Police may authorize the disconnection of subscriber
alarms from the Communications Center after giving written notice
to the subscriber.
[Ord. #80-15, § V, 3-24-80]
The provisions contained herein shall apply equally to those
alarm systems that were placed in service prior to or subsequent to
the effective date of this section.
[Ord. #86-14, § 1, 5-12-86; New]
It shall be unlawful for any person to park or leave unattended
or standing any vehicle on lands of another, whether privately or
publicly owned, in the Township, after this notice has been posted,
as hereinafter provided, by the owner, occupant, lessee, or licensee
prohibiting such parking. Nothing herein contained shall apply to
any lands lying within the bounds of any public street or highway.
[Ord. #86-14, § 4, 5-12-86; New]
It shall be unlawful for any owner, occupant, lessee, or licensee
or person in control of a private parking lot to permit any person
to park in any access driveway or lane providing access to parking
areas or to buildings for emergency vehicles. The owner shall remove
any vehicle so parked pursuant to N.J.S.A. 39:4-56.6. Failure to remove
vehicles upon the order of any Police Officer, Fire Official, or other
Township official acting in his or her official capacity shall be
in violation of this section.
[Ord. #86-14, § 3, 5-12-86; New]
It shall be unlawful for any person to park in any access to
any portion of a building, or access to marked parking areas or stalls
in any public or private parking area, or any driveway or lane providing
such access.
[Ord. #86-14, § 2, 5-12-86; New]
Suitable signs or marking bearing the words "No Parking" together
with any qualifications or restrictions of such parking, if any, and
conspicuously displayed, shall be posted on the lands of the owner,
occupant, lessee, or licensee thereof where this section is effective.
Defacing, tampering with or damaging such signs when posted shall
constitute a violation of this section.
[Ord. #2001-11, § 1, 10-29-01]
The purpose of this section is to establish requirements for
evacuation procedures for multiple dwelling units comprised of more
than twenty (20) units where those units are reserved for occupancy
by residents who have attained a minimum age of fifty-five (55) years.
[Ord. #2001-11, § 1, 10-29-01]
For the purpose of this section, certain words and phrases are
defined as follows:
Shall mean any room or rooms, or suite or apartment thereof,
whether furnished or unfurnished, which is occupied, or intended,
arranged or designed to be occupied, for sleeping or dwelling purposes
by one (1) or more persons, including but not limited to the owner
thereof, or any of his servants, agents or employees.
Shall mean any building or structure of one (1) or more stories
and any land appurtenant thereto, and any portion thereof, in which
three (3) or more units of dwelling space are occupied, or are intended
to be occupied by three (3) or more persons who live independently
of each other. This definition shall also mean any group of ten (10)
or more buildings on a single parcel of land or on contiguous parcels
under common ownership, in each of which two (2) units of dwelling
space are occupied or intended to be occupied by two (2) persons or
households living independently of each other, and any land appurtenant
thereto, and any portion thereof.
[Ord. #2001-11, § 1, 10-29-01]
a.
Responsibility of Owner to Maintain Evacuation Plan. It shall be
the responsibility of an owner of a multiple dwelling unit, which
is comprised of more than twenty (20) dwelling units and reserves
occupancy for residents who have attained a minimum age of fifty-five
(55), to prepare and maintain an emergency building evacuation plan
for the multiple dwelling. This plan must be developed in coordination
with the local fire and emergency response agencies.
b.
Filing of Plan. All plans must be filed with the Cherry Hill Township
Clerk's Office. Any subsequent alterations to the plan must also be
filed as an addendum to the initial plan.
c.
Review of Plan. All plans must be submitted for review on an annual
basis to the Chief of Police or his designee. This plan shall be submitted
on or before January 15 of each year.
[Ord. #2002-2, § 1, 2-25-02]
For the purposes of this section, pursuant to N.J.S.A. 2C:34-3,
the following definitions shall be used:
a.
OBSCENE MATERIAL -- Shall mean any description, narrative account,
display, depiction of a specified anatomical area or specified sexual
activity contained in, or consisting of, a picture or other representation,
publication, sound recording, live performance of film, which by means
of posing, composition, format or animated sensual details, emits
sensuality with sufficient impact to concentrate prurient interest
on the area or activity.
b.
OBSCENE FILM -- Shall mean any motion picture film or preview or
trailer to a film, not including newsreels portraying actual current
events or pictorial news of the day, in which a scene, taken by itself:
d.
SPECIFIED SEXUAL ACTIVITY -- Shall mean:
f.
EXHIBIT -- Shall mean the sale of admission to view obscene material.
g.
SHOW -- Shall mean cause or allow to be seen.
[Ord. #2002-2, § 1, 2-25-02]
A petty disorderly persons offense shall be found for any retailer
to display or permit to be displayed at his business premises any
obscene material as defined in 5-16.1 or N.J.S.A. 2C:34-3, at a height
of less than five (5') feet or without a blinder or other covering
placed or printed on the front of the material displayed.
[Ord. #2002-2, § 1, 2-25-02]
Public display of the obscene material shall constitute presumptive
evidence that the retailer knowingly made or permitted the display.
[Ord. #2002-2, § 1, 2-25-02]
Any person, entity, firm, corporation or other group that is
found guilty of violating the provision of this section shall be guilty
of a petty disorderly persons offense and subject to a fine of not
less than one hundred ($100.00) dollars and not more than five hundred
($500.00) dollars plus appropriate court costs; and may be sentenced
to imprisonment of a term not to exceed thirty (30) days.
[Added 7-26-2021 by Ord. No. 2021-13]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16, are prohibited, but not the delivery of cannabis
items and related supplies by a delivery service.
