[Ord. #90-51, AI, 8-13-90; Ord. #99-51, § 1, 8-25-99]
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life.
A substantial body of science and technology exists by which excessive sound may be substantially abated.
The people have a right to, and should be ensured an environment free from excessive sound.
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.
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:
- COMMERCIAL AREA
- Shall mean a group of commercial facilities and the abutting pubic rights-of-way and public spaces.
- COMMERCIAL FACILITY
- 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.
- DECIBEL (dB)
- 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.
- EMERGENCY WORK
- 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.
- INDUSTRIAL FACILITY
- Shall mean any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.
- MOTOR VEHICLE
- 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.
- MULTI-DWELLING-UNIT BUILDING
- 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.
- NOISE CONTROL ADMINISTRATOR
- 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.
- NOISE CONTROL OFFICER
- 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.
- NOISE DISTURBANCE
- 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.
- PUBLIC RIGHT-OF-WAY
- Shall mean any street, avenue, boulevard, road, highway, sidewalk, alley that is leased, owned or controlled by a governmental entity.
- PUBLIC SPACE
- Shall mean any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
- REAL PROPERTY LINE
- 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.
- RESIDENTIAL AREA
- Shall mean a group of residential properties and the abutting public rights-of-way and public spaces.
- RESIDENTIAL PROPERTY
- Shall mean property used for human habitation, including but not limited to:
- SOUND LEVEL
- Shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.
- SOUND LEVEL METER
- 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.
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]
All departments of the Township shall carry out their programs according to law and shall cooperate with the implementation and enforcement of this section.
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]
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.
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:
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.
Radios, Television Sets and Similar Devices.
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.
Operating any such device except between the hours of 8:00 a.m. and dusk or 8:00 p.m., whichever comes first.
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.
Street Sales. Selling anything by shouting or by outcry within any area of the Township zoned primarily for residential uses, except by permit.
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.
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.
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.
Impulsive Sources. The use of explosives or firing of guns or other explosive devices.
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.
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.
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.
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]
The provisions of this section shall not apply to:
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.
[Ord. #90-51 AVIII, 8-13-90; Ord. #99-51, § 1, 8-25-99]
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:
The nature and location of the noise source for which such application is made;
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;
The nature, intensity and times of day of noise that will occur during the period of the variation;
The subsection or subsections of this section for which the permit of variation shall apply;
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts of occurring therefrom; and
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.
Failure to supply the information required by the Department of Community Development shall be cause for rejection of the application.
A copy of the permit of variation must be kept on file by the Township Clerk for public inspection.
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.
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.
No variation shall be approved unless the applicant presents adequate proof that:
In making the determination on granting a variation, the Department of Community Development shall consider:
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;
The social and economic value of the activity for which the variation is sought;
The ability of the applicant to apply best practical noise control measures;
The approval of the application for variation by the Chief of Police and Township Council.
The permit of variation may be revoked by the Department of Community Development if the terms of the permit of variation are violated.
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]
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.
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.
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.
- PUBLIC PLACE
- 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.
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.
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.
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]
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:
- PUBLIC PROPERTY
- Shall mean and include all streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic.
- TOWNSHIP OWNED LAND
- 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]
On Township Owned Land; Public Property.
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.
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.
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:
Alert the Office of the Governor of New Jersey, the State Police, and the National Guard of the existing conditions.
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.
To the extent determined necessary to cope with the conditions set forth in the proclamation:
Impose a curfew;
Order the closing of all liquor stores, taprooms and bars and prohibit the sale or service of alcoholic beverages;
Order the closing of other retail establishments;
Prohibit the gathering of groups in excess of twelve (12) persons;
Require the cancellation of events which would require the attendance of groups in excess of twelve (12) persons;
Prohibit the sale of gasoline in containers;
Order such further limitations or restrictions on individual activity as may be reasonably required.
When and if necessary, request from the appropriate authorities, the assistance of the State Police, National Guard or Federal troops.
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.
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:
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");
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");
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]
- TO SMOKE
- 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:
[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:
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:
The location of elementary and secondary schools within the municipality;
The boundaries of the real property which is owned by or leased to such schools or a school board;
That such school property is and continues to be used for school purposes; and
The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property.
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:
The location of public parks, public buildings and public housing facilities within the municipality;
The boundaries of the real property of such public park, public building or public housing facility;
That such public park, public building or public housing facility continues to be used for such purposes; and
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.
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.
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.
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:
- LOCK-OUT DEVICE
- 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.
- PERSON, FIRM, CORPORATION, OR ASSOCIATION
- 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.
- TOBACCO PRODUCT
- 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.
- TOBACCO VENDING MACHINE
- 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:
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
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.
Qualification for Waiver:
The bar, tavern, restaurant, hotel or other facility shall have a valid distribution or consumption liquor license.
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.
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.
The tobacco vending machine shall be equipped with a "lock-out" device in which:
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;
The attendance must be approached by the customer before the machine will vend;
The tobacco vending machine shall be under the direct visual observation of the person operating the control button or switch of the locking device;
The attendant pushes the remote control button to allow a vend;
The lock-out device automatically resets to prevent the next vend. There can be no multiple sales;
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;
Access to the interior of the machine is controlled only by the vending machine company;
The lock-out device is equivalent or equal to a "WICO" lock-out device.
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.
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]
All lock-out devices required on tobacco vending machines shall be licensed. Licenses shall be issued by the Township Clerk if:
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:
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:
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;
The address of the bar, tavern, restaurant or other establishment for which the waiver is sought;
The liquor license number and type with expiration date(s) of same;
The name and address of the owner of the tobacco vending machine, if other than the proprietor;
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.
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.
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.
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.
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.
Appeal. Should the applicant be denied a waiver, the applicant may appeal to the Township Council for a final determination.
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]
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.
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.
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]
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.
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]
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.
Definitions. For the purpose of this section, certain words and phrases are defined as follows:
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.
AUDIBLE ALARM -- Shall mean a device that emits an audible signal from the premises that it is designed to protect.
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.
EMERGENCY PHONE NUMBER -- Shall mean the primary phone number advertised to the public for requesting emergency services.
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.
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.
TOWNSHIP -- Shall mean Township of Cherry Hill.
POLICE -- Shall mean Cherry Hill Bureau of Police.
[Ord. #80-15, § II, 3-24-80]
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.
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.
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.
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:
- DWELLING UNIT OR UNIT OF DWELLING SPACE
- 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.
- MULTIPLE DWELLING
- 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]
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.
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.
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:
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.
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:
SPECIFIED SEXUAL ACTIVITY -- Shall mean:
EXHIBIT -- Shall mean the sale of admission to view obscene material.
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.