The general power to adopt local police ordinance of all
kinds is contained in R.S. 40:65-1, 2. The authority for regulations
concerning removal of grass and weeds is contained in R.S. 40:65-12.
The power to compel an owner of property to perform work on his property
is contained in R.S. 40:48-3. The power to impose penalties for violations
of ordinance is contained in R.S. 40:49-5.
The purpose of this section shall be to protect the people against
the nuisance of and incident to the promiscuous distribution of handbills
and circulars, particularly commercial handbills, as herein defined,
with the resulting detriment and danger to public health and safety,
the public interest, convenience and necessity requires the regulation
thereof and to that end the purposes of this section are specifically
declared to be as follows:
a.
To protect the people against the unlawful activities or operations
of dissolute persons of criminal habits or tendencies, representing
themselves as solicitors, canvassers or handbill distributors, by
requiring the registration of all such solicitors, canvassers or handbill
distributors, together with the names of their employers, and by regulating
the business of handbill and advertising distribution through the
imposition of reasonable license fees.
b.
To protect local residents against trespassing by solicitors, canvassers
or handbill distributors upon the private property of such residents
if they have given reasonable notice that they do not wish to be solicited
by such persons or do not desire to receive handbills or advertising
matter.
c.
To protect the people against the health and safety menace and the
expense incident to the littering of the streets and public places
by the promiscuous and uncontrolled distribution of advertising matter
and commercial handbills.
d.
To preserve to the people their constitutional right to receive and
disseminate information not restricted under the ordinary rules of
decency and good morals and public order, by distinguishing between
the nuisance created by the promiscuous distribution of advertising
and commercial circulars and the right to deliver noncommercial handbills
to all who are willing to receive the same.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
a.
"Billposter" shall mean and include any person engaging in the business
for hire of posting, fastening, nailing, or otherwise affixing any
written, painted or printed matter of any kind, or other form or reproduction
thereof, hereinafter called "sign", containing a message or information
of any kind whatsoever, to any outdoor billboard, or to or upon any
bridge, fence, pole, post, sidewalk, tree, or to or upon the exterior
of any other structure except that the terms of this definition shall
not apply to nor include any such sign mounted on, fastened to, or
suspended from the outside of any building or other structure, in
accordance with and authorized by any provisions of an ordinance or
statute, either for any public convenience or use, or regulating the
construction or use of so-called outdoor display signs, whether such
display signs are illuminated or not.
b.
"Commercial handbill" shall mean and include any printed or written
matter, any sample or device, dodger, circular, leaflet, pamphlet,
paper, booklet, or any other printed or otherwise reproduced original
or copies of any matter or literature:
1.
Which advertises for sale any merchandise, product, commodity, or
thing.
2.
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interests thereof by sales.
3.
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition, or event of any kind,
without a license, where such license is or may be required by any
law of this state, or under any ordinance of the borough.
4.
Which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement, and is distributed
for advertising purposes, or for the private benefit and gain of any
person so engaged as advertiser or distributor.
5.
Which is not covered by the definition of sign, in paragraph a.
c.
"Handbill distributor" shall mean and include any person engaging
or engaged in the business for hire or gain of distributing commercial
or noncommercial handbills, other than newspapers distributed to subscribers
thereof, and any person receiving compensation directly or indirectly
for the distribution of such handbills.
d.
"Newspaper" shall mean and include any newspaper of general circulation
as defined by general law, any newspaper duly entered with the Post
Office Department of the United States, in accordance with federal
statute or regulation, and any newspaper filed and recorded with any
recording officer as provided by general law; and, in addition thereto,
shall mean and include any periodical or current magazine regularly
published with not less than four issues per year and sold to the
public.
e.
"Noncommercial handbill" shall mean and include any printed or written
matter, any sample or device, dodger, circular, leaflet, pamphlet,
newspaper, magazine, paper booklet, or any other printed or otherwise
reproduced original or copies of any matter or literature not included
in the aforesaid definitions of a sign, or a commercial handbill,
or a newspaper.
f.
"Private premises" shall mean and include any dwelling, house, building
or other structure, designed or used either wholly or in part for
private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building, or other structure.
g.
"Public place" shall mean and include any and all streets, boulevards,
avenues, lanes, alleys, or other public ways, and any and all public
parks, squares, spaces, plazas, grounds and buildings.
No person shall post, stick, stamp, paint or otherwise fix,
or cause the same to be done by any person, any notice, placard, bill,
card, poster, advertisement or other paper or device calculated to
attract the attention of the public, to or upon any sidewalk, crosswalk,
curb or curbstone, flagstone, or any other portion or part of any
public way or public place, or any lamp post, electric light, telegraph,
telephone or trolley line pole, or railway structure, hydrant, shade
tree or tree-box, or upon the piers, columns, trusses, girders, railings,
gates or other parts of any public bridge or viaduct, or other public
structure or building, or upon any pole, box or fixture of the fire
alarm or police telegraph system, except such as may be authorized
or required by the laws of the United States, or state, and the ordinances
of the borough.
It shall be unlawful for any person to deposit, place, throw,
scatter or cast any commercial handbill in or upon any public place
within the borough. It shall be also unlawful for any person to hand
out or distribute or sell any commercial handbill in any public place,
provided that it shall not be unlawful for any person to hand out
or distribute, without charge to the receiver thereof, any noncommercial
handbill in any public place to any person willing to accept such
noncommercial handbill.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill
in or upon any automobile or other vehicle. The provisions of this
section shall not be deemed to prohibit the handing, transmitting
or distributing of any noncommercial handbill to the owner or other
occupant of any automobile or other vehicle, who is willing to accept
the same.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill
upon any premises, if requested by anyone thereon not to do so, or
if there is placed on such premises in a conspicuous position near
the entrance thereof, a sign bearing the words "No Trespassing," "No
Peddlers or Agents," "No Advertisement," or any similar notice, indicating
in any manner that the occupants of such premises do not desire to
be molested or to have their right of privacy disturbed, or to have
any such handbills left upon such premises.
No person licensed under the provisions of this section, or
any other person, shall distribute, deposit, place, throw, scatter
or cast any commercial or noncommercial handbill in or upon any private
premises which are inhabited, except by handing or transmitting any
such handbill directly to the owner, occupant, or any other person
then present in or upon such private premises; provided that in case
of inhabited private premises which are not posted as provided in
this section, the aforesaid licensee or other person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or elsewhere, except
that mailboxes may not be so used when so prohibited by federal postal
laws or regulations.
It shall be unlawful for any person to distribute, deposit,
scatter, hand out or circulate any commercial or noncommercial handbill
in any place, under any circumstances, which does not have printed
on the cover, front or back thereof, the name and address of the following:
a.
It shall be unlawful for any person to engage in the business of
a billposter for hire or as a handbill distributor for hire, or for
any person to distribute commercial or noncommercial handbills, without
first complying with the terms of this section and all other relevant
laws and regulations, provided that nothing contained herein shall
apply to any person advertising his business or activity upon his
own premises, if such business or activity is regularly established
at a definite location in such borough, and also if a license has
been obtained therefor, if such license be required under the terms
of any applicable law or ordinance.
b.
Any person desiring to engage as principal, either in the business
of a billposter for hire, or in the business of distributing commercial
or noncommercial handbills for hire, shall make application to and
receive from the borough clerk, or other officer empowered to issue
the same, who shall act whenever the borough clerk is herein referred
to, a license in the manner and for the period prescribed by the terms
of this section and by all relevant provisions of the municipal code.
Such applicant shall make written application to the borough clerk
upon a form or forms provided for such purpose by the borough clerk.
Such form shall contain, among other things that may be required,
the name, the business address, and a brief description of the nature
of the business to be conducted by the applicant, the probable number
of agents and employees so to be engaged, together with a request
for a license for the period for which the applicant seeks to engage
in such business.
c.
Without excluding other just grounds for revocation, the borough
council, or official so empowered by law, may revoke any license obtained
under an application containing a false or fraudulent statement knowingly
made by the applicant with intent to obtain a license by means of
false or fraudulent representations, or for violation of this section,
or any other grounds specified by law. Such application shall be accompanied
by the fee hereinafter provided for in this section. No license issued
under this section shall be transferable, and if any such license
shall be surrendered by the licensee therein named, or shall be revoked
for cause, neither the licensee named in such license, nor any other
person, shall be entitled to any refund of any part of such fee.
d.
License fees under the terms of this section, and for any such purpose,
shall be as follows:
1.
For a period of one year, the sum of $375.00.
2.
For a period of three months, the sum of $150.00.
3.
For a period of one week, the sum of $37.50.
4.
For a period of one day, the sum of $15.00.
Persons acting for licensees, as agents or employees, in the
posting or distributing of any such signs or handbills, shall not
be required to obtain a license or pay a fee, but each such person
shall comply with each and all of the other provisions hereof, and
be subject thereto.
The provisions of this section shall not be deemed to apply
to the distribution of mail by the United States, nor to newspapers
as defined in this section, nor to religious, charitable, political,
educational or civic organizations engaged in the distribution of
handbills of such religious, charitable, political, educational or
civic organizations by the members of such organizations.
It shall be unlawful for the owner, lessee, occupant or agent
of premises to permit any person, whether licensed or acting under
the terms of this section or otherwise, to post, affix or otherwise
attach to any building, structure or fixture located upon such premises,
whether such fixture be natural or artificial, any poster or handbill
containing any matter prohibited by the terms of this section.
It shall be unlawful for any person to post, to hand out, distribute
or transmit any sign, or any commercial or noncommercial handbill:
a.
Which may reasonably tend to incite riot or other public disorder,
or which advocates disloyalty to or the overthrow of the Government
of the United States or of this state by means of any artifice, scheme,
or violence, or which urges any unlawful conduct, or encourages or
tends to encourage a breach of the public peace or good order of the
community.
b.
Which is offensive to public morals or decency, or which contains
blasphemous, obscene, libelous or scurrilous language.
This section shall not be deemed to repeal, amend or modify
any ordinance ever ordained, either prohibiting, regulating or licensing
canvassers, hawkers, peddlers, transient merchants, or any person,
using the public streets or places for any private business or enterprise,
or for commercial sales not covered herein.
As used in this section:
a.
"Loitering" shall mean remaining idle or walking aimlessly about
in essentially one location.
b.
"Public place" shall mean a place to which the public has access
and shall include any public building and grounds, street, highway,
road, alley, boardwalk or sidewalk. It shall also include the front
or the neighborhood of a store, shop, restaurant, tavern or other
place of business, and public grounds, areas, parks and marinas, as
well as parking lots or other vacant private property not owned by
or under the control of the person charged with violating this section
or, in the case of a minor, not owned or under the control of his
parent or guardian.
c.
"Parent" or "guardian" shall mean and include any adult person having
care or custody of a minor, whether by reason of blood relationship,
the order of any court or otherwise.
[New]
No person shall loiter in a public place in such a manner as
to:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in a public
place. This paragraph shall include the making of unsolicited remarks
of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing, they are made.
[New]
Any person violating the provisions of subsection 5-2.2 shall be ordered to move on by a police officer, failing which he shall be guilty of a violation.
[New]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is charged with a violation
of this section, his parent or guardian shall be notified of this
fact by the chief of police or any other person designated by the
chief of police to give such notice. If at any time within 30 days
following the given notice, the minor to whom such notice relates
again violates this section, it shall be presumed in the absence of
evidence to the contrary that the minor did so with the knowledge
and permission of his parent or guardian.
[Rev. Ord. 1964, 2:6 §§ 12, 16; Ord. No. 128-78; Ord. No. 211-83; Ord. No. 787-2016]
a.
No
person shall make, aid, countenance or assist in making any improper
noise, riot, disturbance or breach of the peace in or upon any street,
highway, thoroughfare, sidewalk, building or other public or quasi-public
place, or upon private property which is not his own, or disquiet
or disturb any congregation or assembly of any kind whatsoever in
any church or other building by any rude, disorderly or indecent behavior
of any kind.
b.
No
person shall make or permit the making of any disturbing noise by
the use of a phonograph, radio, television, musical instrument, or
devices, producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of their neighbors. The operation of
any such sets, instruments, or devices between the hours of 10:00
p.m. and 7:00 a.m., Monday through Saturday and 10:00 p.m. and 9:00
a.m., Sunday, in such a manner as to be plainly audible at a distance
of 50 feet from the building or vehicle in which it is located, shall
be prima facie evidence of a violation of this section.
c.
No
audible noise by landscape, erection, excavation, demolition, alteration
or repair of any building other than between the hours of 7:30 a.m.
and 7:00 p.m. Monday through Friday and 9:00 a.m. and 6:00 p.m. on
Saturday and Sunday by a landscaper or contractor for hire, except
in the case of urgent matters and the interest of public health and
safety. Any of the aforementioned performed by a property owner or
tenant thereof between the hours of 7:30 a.m. and 8:00 p.m. Monday
thru Friday, and 9:00 a.m. and 8:00 p.m. Saturday and Sunday.
[Rev. Ord. 1964, 2:6, § 17]
No person except store owners and their employees shall operate
or use any store owned wire cart, commonly known as shopping carts,
on the streets of the borough for the distance of more than 200 feet
from the property of any store, shop or supermarket from which the
cart is obtained.
[Rev. Ord. 1964, 2:5, § 1]
Any unprotected open well, or excavation of a depth of three
feet or more and of such width and length that a human being could
fall into it, or a cellar which has been excavated and foundation
laid or partially laid, and later abandoned and left unprotected on
vacant land, are hereby declared a public nuisance.
[Rev. Ord. 1964, 2:13, § 2]
When a complaint is made to the mayor and council as to the existence of a public nuisance as described in subsection 5-5.1, the mayor and council shall order an investigation made of such condition by the health officer and building inspector of the borough and a report of such investigation shall be made within ten days. If the report shows such a public nuisance does exist and the same is not protected by a fence or barrier surrounding it to prevent persons from falling into it and that it constitutes a dangerous condition, then the mayor and council shall forthwith cause a notice to be given to the owner of the property that the condition constitutes a public nuisance. The notice shall be served personally upon the owner of the property if such owner resides in the borough, and if he resides out of the borough, the notice shall be sent by certified mail to such owner at the address appearing on the tax duplicate for the current year for the property on which the condition is located. The notice shall notify the owner of the existence of the public nuisance and require that the owner, upon receipt of the notice forthwith cause the nuisance to be abandoned by either having the well or excavation filled in, or the abandoned foundation removed and the excavation filled in and all debris taken away from the property. If the nuisance is not abandoned within 30 days from the receipt of notice, the owner of the property shall thereupon be guilty of a violation of this section unless during the 30-day period the owner appears before the mayor and council at a regular meeting and shows cause why the same does not constitute a public nuisance as defined herein. After hearing the owner, if the mayor and council reaffirms their previous decision that the condition constitutes a public nuisance, then the owner shall be guilty of a violation of this section.
[Rev. Ord. 1964, 2:5, § 1; Ord. #630-06, § 1]
As used in this section:
a.
"Ashes"
shall mean cinders, clinkers, partly burned fuel and the residue from
the combustion of wood, coal, coke, or any other material ordinarily
burned for household, domestic or heating purposes.
b.
"Garbage"
shall mean any waste material in process of or subject to decomposition
or decay incident to ordinary domestic or business use or purpose,
and shall include, among other things, kitchen refuse, animal or vegetable
matter, offal and decaying and decomposing substances.
c.
"Rubbish"
shall mean waste substances, except garbage and ashes, and shall apply
particularly to such articles as paper, paper cartons, tin cans, rags,
corn husks, bottles, broken glass, crockery, leaves, grass rakings
of yards and lawns (when free from earth), beds, bed springs, mattresses,
straw, excelsior, floor shavings, and all other waste material, except
garbage and ashes.
d.
"Occupant"
shall mean the owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises affected by this section, whichever
classification may be appropriate and effective for the enforcement
of this section.
e.
"Litter"
shall mean any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
f.
"Litter
receptacle" shall mean a container suitable for the depositing of
litter.
g.
"Person"
shall mean any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
[Rev. Ord. 1964, 2:5, § 9]
The occupant of each property in the borough shall provide suitable
receptacles, as hereinafter prescribed, in which the occupant shall
place and keep garbage separately in one container, and shall keep
separately ashes and rubbish in another container, and the occupant
shall securely tie all the waste paper in bundles. Ashes and rubbish,
when mingled, shall not be acceptable for collection and removal.
[Rev. Ord. 1964, 2:5 § 12; Ord. 6/17/68; Ord. No. 772-2015]
a.
Receptacles for garbage shall be of metal or plastic material sufficiently
strong for the purpose and may be pails, cans or plastic containers
with a capacity of not less than two and one-half nor more than 20
gallons. They shall be watertight, shall have tight-fitting metal
or plastic covers, and shall be kept covered except when opened for
filling or emptying of material.
b.
Receptacles for rubbish, other than paper, shall be strong boxes,
baskets or barrels in which it is conveniently possible to place such
rubbish.
c.
All receptacles for garbage, ashes or rubbish and all bundles of
waste paper shall be set by the occupant along the curb line of the
street, in such a manner as not to obstruct pedestrian, bicycle or
vehicular traffic, accessible for collection as may be determined
by the borough council not sooner than 5:00 p.m. on the day prior
to the time fixed for collection. All receptacles shall be removed
from the street and from any point in front of the principal building
situated upon the premises not later than 9:00 a.m. of the day following
collection.
[Ord. No. 772-2015]
d.
The occupant shall keep all receptacles clean and in a proper condition
for safe handling.
[Rev. Ord. 1964, 2:5, § 17]
The borough council, in conjunction with the board of health,
may designate two weeks in each year as "Clean Up Week," during which
week there shall be removed from the curb of any and all premises
in the borough all rubbish or other material placed there for collection,
of which, however, no single piece shall weigh more than 100 pounds.
[Ord. #121-78; Ord. #630-06, § 1]
It shall be unlawful for any person to throw, drop, discard
or otherwise place any litter of any nature upon public or private
property other than in a litter receptacle, or having done so, to
allow such litter to remain.
[Ord. #121-78; Ord. #630-06, § 1]
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
[Ord. #121-78]
Whenever the chief of the fire department, chief of police or
health officer of the borough shall determine that there exists upon
any lands lying within the limits of the borough brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, removal of which may be necessary and expedient
for the public health, safety or general welfare or to eliminate a
fire hazard, he shall file with the mayor and council a written report
identifying the property and describing the brush, weeds, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris, removal of which may be necessary and the reason or reasons
for which such removal may be necessary.
[Ord. #121-78]
After receipt of such report, the mayor and council shall proceed
to ascertain the condition existing upon and with respect to such
lands and if the mayor and council determine that the removal of such
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris is necessary and expedient for the
preservation of the public health, safety or general welfare or to
eliminate a fire hazard, the mayor and council shall adopt a resolution
to that effect. The resolution shall also direct that the clerk of
the borough give notice in writing to the owner or owners, tenant
or tenants of such lands to remove such brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris within ten days after such notice. Such notice shall be given
by registered mail, return receipt requested, directed in case of
an owner to the address of such owner as the same appears upon the
last tax duplicate of the borough and in the case of a tenant to the
street address of the lands in question.
[Ord. #121-78]
It shall be the duty of the owner or tenant of such lands to
remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within ten days after notice
given as hereinabove provided.
[Ord. #121-78]
Should the owner or tenant to whom such notice is given fail
to remove such brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris, within the ten
day period prescribed in such notice, the borough shall proceed to
cause to have removed such brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris and upon
completion of such removal shall certify the cost thereof to the mayor
and council. The mayor and council shall examine the certificate and
if it shall be found correct, the mayor and council shall cause the
cost as thereon to be charged against the lands from which said brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris shall have been removed; and the amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes to be assessed and
levied upon such lands, if the same to bear interest at the same rate
as taxes and shall be controlled and enforced by the same officers
and in the same manner as taxes.
[Ord. #630-06, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall upon conviction be subject to the penalties provided in section 5-13.
As used in this section:
a.
"Vehicle"
shall mean a machine propelled or designed to be propelled or towed
by power other than human power and designed to travel along the ground
by use of wheels, treads, runners, or slides and transport persons
or property or pull machinery and shall include, without limitation,
automobiles, trucks, trailers, motorcycles, tractors, buggies and
wagons.
b.
"Street
or highway" shall mean the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to
the use of the public for purposes of vehicular travel.
c.
"Property"
shall mean any real property within the borough which is not a street
or highway.
No person shall abandon any vehicle within the borough and no
person shall leave any vehicle at any place within the borough for
such time and under such circumstances as to cause such vehicle to
reasonably appear to have been abandoned.
No person shall leave any partially dismantled, inoperable,
wrecked or junked vehicle on any street or highway within the borough
except in case of an emergency and then for a period of not more than
48 hours.
No person in charge or control of any property within the borough,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, inoperable, wrecked, junked or discarded
vehicle to remain on such property longer than 72 hours; and no person
shall leave any such vehicle on any property within the borough for
a longer time than 72 hours. This section shall not apply with regard
to a vehicle in an enclosed building; a vehicle on the premises of
a public enterprise operated in a lawful place and manner when necessary
to the operation of such business enterprise, or a vehicle in an appropriate
storage place or depository maintained in a lawful manner by the borough.
The chief of police or any member of his department designated
by him is authorized to take possession of, remove or have removed
any vehicle left at any place within the borough which reasonably
appears to be in violation of this section or is lost, stolen or unclaimed.
Upon taking possession of or impounding any vehicle, the police department
shall immediately notify the owner of the vehicle of the place at
which such vehicle was taken and is being held. The owner shall arrange
to reclaim the vehicle and shall be responsible for paying all reasonable
costs of removal and storage of the vehicle and any fine or penalty
and court costs assessed against him for the violation which gave
rise to the seizure or taking possession of such vehicle. In the event
the police department is unable to locate the owner of the vehicle
or in the event the vehicle is not reclaimed by the owner, the police
department is authorized to dispose of the vehicle to the vehicle
in accordance with N.J.S.A. 39:10A-1, et seq., and all other applicable
laws.
When any vehicle has been so impounded and detained upon property
of the borough as herein provided the fee for storage of the said
vehicle shall be at the rate of six ($6.00) dollars per day, or any
part of a day. All removal costs and storage fees shall be paid before
the vehicle shall be removed from impound.
No person shall fire, discharge, or set off, any gun, rifle,
pistol or other firearm upon any of the public streets, avenues, driveways
and parks of the borough.
No person shall fire, discharge or set off any gun, rifle, pistol
or other firearm within the limits of the borough, within 300 feet
of any highway, building or structure, or near any vehicle or in any
other place or manner which is likely to cause damage or destruction
to property, or injury to any person.
No person shall retain or fail to return any book or article
borrowed from the Free Public Library of the borough contrary to the
rules and regulations of the library after 15 days have elapsed from
the date of posting by certified mail, return receipt requested, of
a notice demanding return, addressed to the person at the last address
furnished to the library.
No person shall willfully or maliciously cut, tear, deface,
disfigure, damage or destroy any book or other article, or any part
thereof, which is owned by or is in the custody of the library.
No person with intent to defraud shall register or furnish a
false name or address, or use any card other than the one issued to
the person for the purpose of borrowing any book or article from the
library.
For the purpose of this section. "roadway" shall mean that portion
of any street, avenue, or highway lying between the curb lines, or
in the event that no curb line is established comprising the travelled
portion.
The police department under the direction of the chairman of
the police committee shall report to the borough council the existence
on any property within the borough of any brush, hedges and other
plant life growing within feet of any roadway and within 25 feet of
the intersection of any two or more roadways; and any limbs or foliage
on any tree overhanging or over or upon land within a radius of 25
feet from the intersection of any two or more roadways which are likely
to become traffic hazards and dangerous to the public safety. Such
reports to the borough council may be recognized by it if coming from
any other source.
On the filing of any report, or its own motion, the borough
council, where it deems it necessary and expedient for the preservation
of the public safety, shall cause to be served a written notice requiring
the owner or tenant to keep all such brush, hedges and other plant
life cut to a height of not more than two and one-half feet and all
such limbs and foliage on any such trees trimmed to not less than
ten feet from the ground.
In the event the owner or tenant neglects or refuses to cut
or trim the same within a ten-day period, or within any other time
herein specified, or as specified in the notice, the required trimming
or cutting shall be done by the borough under the direction of the
chief of police or someone appointed by him, or the superintendent
of the street department, or such other municipal officer as the borough
council may designate. The person under whose direction the work is
done shall keep an accurate record of the cost and certify the cost
to the borough council. The council shall examine the cost and if
found to be correct shall notify the collector of taxes to charge
the cost against the lands from which they were removed, or in the
event the cost is excessive to cause the reasonable cost to be charged
against the lands. Any amount so charged shall become a lien upon
the lands and shall be added to and become a part of the taxes next
to be assessed and levied upon the lands in the amount and as provided
and authorized by R.S. 40:48-2.27.
A notice shall be served upon an owner or tenant residing in
the borough in person or by leaving it with a member of his family
over the age of 14 years; upon an owner or tenant not residing in
the borough either by personal service or by mailing the same to him
at his last known post office address, or by service upon the occupant,
manager, operator or agent of the owner in charge of the property.
In the event the owner or tenant is unknown or for any reason service
cannot be made, the notice shall be published at least once not less
than thirty days before the proposed removal in a newspaper circulating
in the borough.
As used in this section, "exhibition" shall mean any shows,
concerts, festivals, dances, theatrical performances, school sponsored
events, parades, picnics, athletic exhibitions or public gatherings
for the purpose of amusement and "assembly" shall mean any private
gathering not open to the general public but involving the off-site
use of borough streets in excess of the following standards: (a) Over
75 cars if the premises involved borders on a country road; (b) Over
50 cars if the premises involved does not border on a country road.
No person shall conduct, operate, engage in or permit any exhibition
or any assembly on any lands or premises owned, leased, occupied or
controlled by any person within the borough unless notice has been
furnished to the borough in the manner and upon the conditions hereinafter
set forth.
For all events other than private gatherings, the notice shall
be filed with the borough clerk at least three days prior to the time
specified for the exhibition or assembly to commence, and shall contain
the following information:
a.
The name and address of the person responsible for conducting the
exhibition or assembly.
b.
The type exhibition or assembly and the purposes of same.
c.
A description of the premises and the name and address of the owner
of the premises.
d.
The provisions made for the parking, ingress and egress of automobiles,
including the estimated number of vehicles to be in attendance.
e.
The length of the exhibition or assembly and the hours of operation.
For private gatherings, eight hours prior notification by telephone
or in writing is required, stating the name and address of the person
responsible for the party, number of attendees expected, and plans
for parking.
The person responsible for the exhibition or assembly shall:
a.
Promptly furnish such further information that the borough may request
in the interest of public safety.
b.
Exercise due diligence to prevent unlawful or immoral acts as well
as noisy or boisterous conduct or conduct which threatens to create
a breach of the peace or to annoy the comfort and repose of any person.
c.
Maintain at his own expense one or more persons to be responsible
for the proper conduct of the event who shall remain upon the premises
at all times during the length of the exhibition or assembly and the
hours of operation.
d.
Take all proper means to maintain a flow of traffic and use of the
premises without congestion of traffic.
e.
Observe such other further reasonable regulations in accordance with
the standards of this ordinance as the borough may impose at the time.
Upon receipt of the application, the borough clerk shall confer
with the police department which shall thereafter:
a.
Post those streets or portions of streets adjacent to the assembly
or exhibition wherein the judgment of the police department, parking
would interfere with vehicular traffic to prohibit parking on said
streets as a temporary emergency.
b.
Cooperate with the applicant in reviewing the plan for maintaining
flow of traffic and use of the premises without congestion of traffic.
c.
Take such other further reasonable steps in conformance with the
purposes of this section as shall insure the safe and orderly movement
of other traffic and emergency vehicles upon the streets of the borough.
The provisions of this section shall not apply to:
[Ord. 5/1/72 S 1]
The conduct of games of chance commonly known as raffles shall
be as defined in R.S. 5:8-51 and shall be authorized on Sundays as
provided for in R.S. 5:8-58.
[Ord. #748-14]
a.
Issuing Authority. The municipal clerk is hereby delegated the authority
to act as the "issuing authority" for the purpose of approving the
granting of raffle and bingo licenses.
b.
The municipal clerk shall file a certified copy of this section with
the Legalized Games Of Chance Control Commission.
For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the borough where no specific
penalty is provided regarding the section or sections violated, the
maximum penalty, upon conviction, shall be a fine not exceeding two
thousand ($2,000.00) dollars or imprisonment for a period not exceeding
90 days, or both, or to a period of community service not exceeding
90 days at the discretion of the Municipal Court Judge.
Whenever a fine is to be imposed in an amount greater than one
thousand two hundred fifty ($1,250.00) dollars for violations of housing
or zoning codes, the owner shall be provided a 30-day period during
which the owner shall be afforded the opportunity to cure or abate
the condition and shall be afforded the opportunity for a hearing
before the Court for an independent determination concerning the violation.
Subsequent to the expiration of the 30-day period, a fine greater
than one thousand two hundred fifty ($1,250.00) dollars may be imposed
if the Court has determined that the abatement has not been substantially
completed.
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter or any other ordinance
of the borough exists shall continue a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or violation.
[N.J.S.A. 40:49-5]
The governing body may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding one hundred ($100.00) dollars.
a.
"Used newspaper" shall be deemed to include paper of the type commonly
referred to as news print and distributed at stated intervals, usually
daily or weekly having printed thereon news and opinions and containing
advertisements and other matters of public interest. Expressly excluded,
however, are all magazines or other periodicals as well as all other
paper products of any nature whatsoever.
b.
"Solid waste" shall be deemed to include all garbage and rubbish
normally placed at the curb by the residents of Little Silver for
regular twice-weekly municipal collection.
c.
"Person" shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Pursuant to the "Interlocal Service Act", N.J.S.A. 40:8A-1 et
seq. the Governing Body of the Borough of Little Silver is hereby
authorized to enter into an agreement the form of which is annexed
hereto and made a part hereof by and among the Borough of Fair Haven,
the Borough of Monmouth Beach, the Borough of Little Silver, the Borough
of Oceanport, the Borough of West Long Branch, the Borough of Shrewsbury
and the Borough of Tinton Falls. The Borough of Little Silver will
enter into the interlocal agreement if, and only if, the governing
bodies of all the other boroughs above named agree to and simultaneously
enter into the agreement.
For the purpose of administering the provisions of this section
and the agreement there is hereby established a "Regional Recycling
Coalition" which shall be comprised of one representative from each
of the above named member municipalities, each such representative
to be selected in such manner and to serve for such term as the governing
body of the municipality he represents may from time to time determine.
On and after the date fixed and promulgated by the Governing
Body of the Borough of Little Silver, it shall be mandatory for all
persons who are owners, lessees and occupants of residential dwellings
in Little Silver to separate used newspapers from all other solid
waste produced by such residents and to separately bundle newspapers
for pick-up, collection and recycling.
The newspapers shall be compacted and shall be tied securely
in bundles not exceeding 50 pounds in weight with a rope or cord sufficient
in strength to facilitate handling. Such bundles shall be placed separately
at the curb for collection not earlier than on the day preceding those
days to be designated for collection by the Regional Recycling Coalition
under the rules and regulations promulgated in accordance with the
terms hereof.
From the time of placement at the curb by any resident of used
newspapers for collection in accordance with the terms hereof, such
used newspapers shall be and become the property of the Regional Recycling
Coalition or its authorizing agent. It shall be a violation of the
section for any person unauthorized by the Regional Recycling Coalition
to collect or pick up or cause to be collected or picked up any such
newspapers during the twenty-four hour period commencing at 6:00 a.m.
on any day preceding a day designated for collection under the rules
promulgated by the Regional Recycling Coalition in accordance with
the terms hereof. Any and each such collection in violation hereof
from one or more residences during the 24 hour period shall constitute
a separate and distinct offense punishable as hereinafter provided.
This section is in no way intended to prohibit separate newspaper
drives by outside charitable organizations on days other than those
designated for collection by the borough.
The Regional Recycling Coalition is hereby authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days and times for the collection of used newspapers in accordance
with the terms hereof.
Any person, firm or corporation who violates or neglects to comply with subsection 5-14.6 hereof, or any regulation promulgated pursuant thereto, shall, upon conviction thereof be punished by a fine not to exceed two hundred ($200.00) dollars. Any person, firm or corporation who violates or neglects to comply with subsections 5-14.4 or 5-14.5 hereof, or any regulation promulgated pursuant thereto, shall, upon conviction thereof be punished by a fine not to exceed five ($5.00) dollars.
It shall be the duty of the police departments of the respective
member municipalities of the Regional Recycling Coalition to see to
the enforcement of this section and to prosecute all violations hereof.
It is hereby found and declared that there exists in the borough
a need to protect the public against the hazards and dangers incident
to running and jogging in the roadways of the borough. It is further
found and declared that certain precautionary measures are necessary
in order to reduce those said hazards and dangers.
Any person using the public streets of the Borough of Little
Silver during the period from a half-hour after sunset to a half-hour
before sunrise, and at any other time when, due to weather conditions,
there is not sufficient light to see clearly persons and vehicles
on the highway at a distance of 300 feet ahead, shall be required
to wear on his or her person reflective apparel or materials of sufficient
size between the waist and shoulders on his or her front and back
so as to be visible to vehicular traffic from a distance of 300 feet,
in addition to complying with the provisions of N.J.S.A. 39:4-32 et
seq. which apply to pedestrians. Joggers and other pedestrians shall
run or walk in the direction facing vehicular traffic.
All joggers shall run in single file and not side or abreast
of each other.
The penalty for violation of this section shall be twenty-five
($25.00) dollars.
No person shall smoke or carry lighted tobacco in any municipally
owned building. Said buildings include but are not limited to, the
Little Silver Borough Hall/Police Station, Library, Post Office Museum,
Department of Public Works Garage, Little Silver Railroad Station
and the premises at 124 Willow Drive, commonly known as the Storck
House.
Any person violating this section shall be subject to a fine
of not less than twenty-five ($25.00) dollars and not more than two
hundred ($200.00) dollars.
a.
On October 30, it shall be unlawful for any person under the age
of 18 years to appear or be upon any public street, park or other
publicly-owned property not their own or not the property of their
parent or guardian after 7:00 p.m. in the borough unless accompanied
by their parent or guardian.
b.
On October 31, it shall be unlawful for any person to engage or participate
in so-called "trick or treat" activities, parades or other Halloween
celebrations upon any public street, park or other publicly-owned
property or upon any property not their own or not the property of
such person's parent or guardian in the borough after the hour of
8:30 p.m.; provided, however, that this provision shall not apply
to any person participating in a parade or celebration sanctioned
by the borough.
c.
On October 31, it shall be unlawful for any person under the age
of 18 years to appear or be upon any public street, park or other
publicly-owned property not their own or not the property of their
parent or guardian after 8:30 p.m. in the borough unless accompanied
by their parent or guardian.
d.
On October 30 and 31, it shall be unlawful for any person to sell
eggs, pressurized spray cans of any content, such as paint, shaving
cream or dangerous or flammable liquid or material, to any person
under the age of 18 years unless such person gives to the seller a
reasonable explanation of his intended use or consumption of such
materials.
Any instrument, weapon, tool, device, product, material, liquid
or other thing or things possessed or used by any person for the purpose
of causing property damage or malicious mischief may and shall be
confiscated by any officer properly charged with the enforcement of
the law and shall be turned over to the chief of police of the borough.
Juveniles apprehended and charged with violation of this section
may be detained by the police department of the borough at police
headquarters or other suitable place until the arrival of their parents
or guardians; provided, however, that the police department shall
notify such parents or guardians of such detention as promptly as
reasonably possible.
Any person violating the provisions of this section shall, upon conviction thereof, be subject to the penalty as stated in section 5-13; provided, however, that if such person is a juvenile under the age of 18, he or she shall be subject to such penalty as the juvenile conference committee or juvenile court, as the case may be, may see fit to impose consistent with the powers conferred by law upon the juvenile conference committee and juvenile court.
[Ord. No. 772-2015; Ord.
#271-87, § 1; Ord. #298-88, § 1; Ord. #385-94,
§ 1; Ord. #631-06, § 1; Ord. #650-07, § 1;
Ord. #681-09, § 1; Ord. #697-10, § 1; Ord. No. 772-2015]
a.
On and after October 1, 1987, it shall be mandatory for all persons
who are owners, lessees and occupants of residential property; owners,
lessees and occupants of business and industrial property; and owners
lessees and occupants of private, public and governmental institutions
and buildings to separate: (1) leaves; (2) glass bottles and jars;
(3) newspapers, bundled and tied; (4) aluminum cans; (5) tin and bimetal
cans (6) corrugated cardboard, flattened and tied; (7) pourable plastic
containers (#1 & #2); (8) clean mixed paper; and (9) high grade
paper, (10) cereal boxes, as hereinafter defined, from all other solid
waste for the purpose of collection and ultimate recycling of said
materials.
b.
On and after April 1, 1988, it shall be mandatory for all owners,
lessees and occupants of business and industrial property and of private,
public and governmental institutions and buildings to separate corrugated
cardboard and/or high grade paper from all other solid waste produced
by said nonresidential establishments, and provide for the collection,
storage and the ultimate recycling of said material.
c.
On or after October 1, 1988, no owner, lessee and/or occupant of
any residential property, business or industrial property, or private,
public or governmental institution or building shall be permitted
to place any construction, demolition or land clearing debris which
shall include asphalt, concrete, brick, block and/or wood waste such
as stumps, large tree parts, pallets and large pieces of lumber, with
other solid waste for landfill disposal.
d.
On or after January 1, 2010, computers, computer monitors and related
electronics hardware, as well as analog or digital televisions, are
prohibited from being placed with other solid waste for landfill disposal.
e.
Any multi-family complexes, businesses or institutions not served
by municipal forces or through a municipal contractor, shall arrange
for proper separation, collection and disposition of these materials
separate from any solid waste generated for disposal.
f.
On and after the adoption of this section, and in accordance with
existing State regulations (N.J.A.C. 14A3-11), all service stations,
oil retailers and motor vehicle reinspection stations with "used oil
holding tanks" shall accept up to five gallons at a time of used motor
oil from individuals changing oil from cars, lawn mowers or motorcycles
and shall post a sign informing the public that they are a "used oil
collection site."
g.
No liquids of any type may be placed with recyclables or solid waste
for disposal. No chemicals, paints, pesticides, herbicides, reactive
polishes or cleaners, cleaning or automotive products may be placed
with recyclables or solid waste for disposal ("hazardous waste exclusion").
h.
All apartment and other multi-family complexes, schools, businesses
and institutions shall provide separate and clearly marked containers
for use and the various categories of recyclables as indicated in
paragraph a.
i.
All apartment and other multi-family complexes, schools, businesses
and institutions not served by municipal forces or through a municipal
contractor shall provide an annual report describing arrangement for
solid waste and recycling services, including company name and contact
information for such contracted services.
j.
Any applicant for a construction or demolition permit for any property
within the municipality shall be required to provide a debris management
plan for handling solid wastes and recyclables generated during such
activity, including the estimated number and types of containers to
be used and the disposition of such material.
k.
Grass clippings; white goods (refrigerators, dehumidifiers, air conditioners,
freezers, dishwashers, washing machines, dryers, stoves, hot water
heaters and furnaces); wet and dry cell batteries; and asphalt shingles
may not be disposed with mixed household or commercial trash.
l.
Residents, businesses and institutions within the borough may only
use those recycling haulers and/or facilities registered with the
county.
m.
Sweeping, raking, blowing or otherwise placing yard waste that is
not containerized at the curb or along the street, in such a manner
as not to obstruct pedestrian, bicycle or vehicular traffic, is only
allowed during the seven days prior to a scheduled and announced collection,
and shall not be placed closer than ten feet from any storm drain
inlet. Placement of such yard waste at the curb or along the street
at any other time or in any other manner is a violation of this section.
If such placement occurs, the party responsible for placement of the
yard waste must remove the yard waste from the street and/or dispose
of same properly at the expense of said responsible party or said
party shall be deemed in violation of this section.
n.
Businesses or institutions hauling their own recyclables shall provide
the municipal recycling coordinator with quarterly reports on the
quantity and destination of recyclables.
o.
The Borough of Little Silver shall issue construction and demolition
permits only after the applicant has identified disposal and recycling
arrangements. The applicant shall provide appropriate records documenting
the quantity and disposition of all materials.
p.
The Borough of Little Silver may periodically provide for the curbside
collection of leaves, brush and yard waste from residences, businesses
and institutions within the Borough of Little Silver. The borough
council shall establish a schedule for the collection of such materials.
q.
Leaves, brush and yard waste, including tree trimmings and shrubbery
clippings, set out for collection by the Borough of Little Silver,
shall originate from the property of the residence, business, or institution,
and shall both include commercial brush waste.
r.
Leaves, brush and yard waste shall be placed in such a manner as
to not obstruct any sidewalk, right-of-way, view of traffic, crosswalk,
fire hydrant, catch basin or mailbox.
s.
Businesses, institutions and multi-family housing complexes not served
by municipal recycling collection programs shall provide the municipal
recycling coordinator with the name and address of the company providing
solid waste and recycling collection systems.
t.
Any company or agency providing dumpsters, roll off or other containers
to multi-family residential complexes with shared disposal/recycling
areas, businesses, institutions, or construction/demolition job sites,
shall be responsible for clearly marking such containers to "trash"
or for specific "recyclables," as may be appropriate.
u.
Designated recyclables placed at curbside for collection are to be
placed in a rigid container with a secure lid in such a manner as
not to obstruct pedestrian, bicycle or vehicular traffic.
[Ord. No. 772-2015]
[Ord. #271-87, § 2; Ord. #298-88, § 2;
Ord. #631-06, § 1; Ord. #650-07, § 1]
As used in this section:
shall mean all disposable items made of aluminum including
aluminum containers used for soda, beer or other beverages, foil,
wrappers, containers for prepared food, screen frames and lawn chairs.
shall mean the placement of yard waste in a trash can, bucket,
bar or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
shall mean cardboard of the type used to make cardboard boxes,
cartons, pasteboard and similar corrugated and kraft paper material.
shall mean all products made from silica or sand, soda ash
and limestone; the product being transparent or translucent and being
used for packaging or bottling of various matters excluding however,
blue or flat glass commonly known as window glass.
shall mean white and/or off-white stationery, photocopy and
computer paper.
shall mean glossy papers, magazines, office paper, envelopes,
junk mail, greeting cards, gift wrapping paper, and the like.
shall mean only clean white used newspaper free from plastic
wrappers, glossy advertising, magazines and/or magazine supplements.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean plastic milk jugs, plastic soda bottles, plastic
juice jugs, plastic laundry and dish detergent jugs, and the like.
shall mean all garbage and rubbish normally produced by the
occupants of commercial, industrial and residential property and disposed
of by private or public pick-up.
shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, county,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
shall mean steel cans, tin-plated steel cans, cans with ferrous
and non-ferrous components or any other all-metal cans excluding aluminum
cans.
shall include tree parts and pieces of lumber which exceed
four feet in length, tree stumps and wood pallets.
shall mean leaves and grass clippings, but shall not include
commercial brush waste.
a.
The position of municipal recycling coordinator is hereby created
and established within the Borough of Little Silver, which position
shall be filled by appointment by the mayor with approval of the council.
b.
The duties of the municipal recycling coordinator shall include,
but are not limited to: preparation of such annual or other reports
as required by State or county agencies regarding local solid waste
and recycling programs; reviewing performance of local schools and
municipal agencies in conducting recycling activities, periodic review
of local residential and business recycling practices and compliance,
review and recommendation on local subdivision and site plan submittals
and local construction and demolition projects for appropriate solid
waste and recycling provisions, reports to the municipal governing
body on the implementation and enforcement of the provisions of this
ordinance, and other reports or responsibilities as may be requested
by the municipal governing body.
c.
The duly appointed municipal recycling coordinator, the Monmouth
County Health Department, and Property Maintenance Code Enforcement
Officer are hereby individually and severally empowered to inspect
solid waste and recycling arrangements and compliance at local residences,
businesses, schools and institutions, and to enforce the provisions
of this section, by issuance of summonses and complaints. A typical
inspection may consist of sorting through containers and opening bagged
solid wastes to detect the presence of any recyclable materials.
a.
The mayor and council may use municipal personnel to collect recyclable
materials as set forth herein at curbside and/or from a drop-off center,
and shall sell said recyclable materials if a market exists therefor,
pursuant to N.J.S.A. 40A:11-1, et seq.
b.
The mayor and council may elect to enter into agreements with qualified
persons or corporations authorizing them to collect said recyclable
materials at curbside or from a drop-off center and to sell said recyclable
materials, provided the amount of money realized exceeds the cost
of collection.
a.
Recyclable materials as defined herein shall be the property of the
Borough of Little Silver once placed at the curbside or brought to
a drop-off center.
b.
It shall be a violation of this chapter for any person unauthorized
by the mayor and council to pick up, or cause to be picked up, said
recyclable materials as defined herein. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
Anything herein to the contrary notwithstanding, any person,
partnership or corporation who is owner, lessee or occupant of a residential
or nonresidential property may donate or sell said recyclable materials
as defined herein to any person, partnership or corporation whether
or not operating for profit. Said person, partnership or corporation
purchasing recyclable materials shall not pick up said recyclable
materials at curbside or at a municipal drop-off center.
Any person, firm or corporation who violates or neglects to
comply with any provision of this section or any rule or regulation
promulgated pursuant thereto shall be punishable for a first violation,
fifty ($50.00) dollars, for a second violation, one hundred fifty
($150.00) dollars, and for a third violation a mandatory court appearance
punishable by a fine not to exceed two thousand ($2,000.00) dollars,
or up to 90 days in jail, or both. As an alternate penalty, a convicted
person may be ordered to perform community service in the recycling
program for a period not to exceed 90 days.
This section shall be enforced by the Police Department and/or
other appropriate officials of the Borough of Little Silver to insure
compliance with any provisions of this chapter or any rule or regulation
promulgated pursuant thereto. Each day such violation or neglect is
committed or permitted to continue shall constitute a separate offense
and be punishable as such.
In accordance with and pursuant to the authority of P.L. 1988,
C. 44(3) (N.J.S.A. 2C:35-7) and P.L. 1997, C. 327(1) (N.J.S.A. 2C:35-7.1),
the drug-free zone map produced on or about 1 August 1988 by Leon
S. Avakian, Borough Engineer, and amended on or about May 1, 1998
by Leon S. Avakian, Borough Engineer, is hereby approved and adopted
as an official finding and record of the location and areas within
the municipality of property which is used for school purposes, public
parks, public buildings or public housing facilities and of the areas
on or within 1,000 feet of school property and within 500 feet of
a public park, public building or public housing facility.
The drug-free zone map approved and adopted pursuant to subsection 5-19.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes and 500 feet of any 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 drug-free zones.
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the borough administrator
and the borough attorney of any changes or contemplated changes in
the location and boundaries of any property owned by or leased to
any elementary or secondary school or school board and which is used
for school purposes.
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 5-19.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency, or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the Monmouth County Clerk and to the Office of the Monmouth County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 5-19.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary schools, secondary schools, public parks,
public buildings and public housing facilities within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board, or the municipality;
3.
That such school or municipal property is and continues to be used
for public purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property or 500 feet of such public parks, public
building and public housing facilities.
b.
Pursuant to the provisions of P.L. 1988, C. 44 and P.L. 1997, C. 327(1) 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 5-19.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes, a public park, public building or public housing facility and which is owned by or leased to any elementary or secondary school, school board or municipality 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 municipality or that such property is not used for school purposes, a public park, public building, or public housing facility.
c.
All of the requirements set forth in P.L. 1988, C. 44 and P.L. 1997,
C. 327(1) concerning the preparation, approval and adoption of a drug-free
zone map have been complied with.
a.
Any person who desires to own, operate, lease or maintain an alarm
system in the Borough of Little Silver shall file a registration application
on the form provided by the Borough of Little Silver Police Department.
The application shall contain the location of the alarm system; the
installer's name and address; the type of device; information relating
to false alarms and testing procedures; a list of the names, addresses
and telephone numbers of persons to be contacted in the event of an
alarm, at least one of whom shall have an address and phone number
different from the registrant; and such other necessary information
as may be required by the police department. It shall be the registrant's
obligation to file a written amendment with the police department
within ten days indicative of any changes contained in their present
registration application.
b.
The police department shall issue a registration certificate for
the ownership, operation or maintenance of an alarm system to any
person desiring to own, operate, lease or maintain an alarm system
if the police department is satisfied that the registration information
is complete and that the alarm system is capable of being operated
in conformance with the section. The registration certificate may
be granted subject to any special conditions stated thereon, if this
is deemed necessary by the police department.
c.
A registration certificate shall be valid for as long as the registrant
occupies the premises for which the certificate has been issued, provided
all required amendments thereto have been filed. A registration certificate
shall automatically terminate upon a change in occupancy for the premises
for which the certificate was issued.
d.
The Borough of Little Silver shall not charge a fee to any person
filing a registration application or an amendment thereto.
a.
The provisions of this section shall apply to any person who owns,
operates, leases or maintains any alarm system situated in the Borough
of Little Silver if the alarm system has an audible signaling device,
or a device which requires a response by the police department, fire
department, first aid squad, or other borough agency. The provisions
of the section shall in no way prohibit service by private source
to persons within or without the borough, so long as such activity
is not in violation of this section, and provided further, that any
person owning, operating, leasing or maintaining a premises protected
by an alarm system shall be responsible for the registration thereof
in accordance with this section.
All components of an alarm system shall be maintained in good
repair, and shall operate in a proper manner. When evidence exists
that there has been failure to comply with the maintenance and operation
requirements of this section, the police department shall then be
authorized to demand that such alarm system be disconnected until
such time as compliance with the provisions of this section has been
established. The police department shall have the right to disconnect
any malfunctioning equipment from any alarm system until such time
as the malfunction has been corrected, and the alarm system is operating
in accordance with the provisions of this section.
All audible signaling devices shall be equipped with a timing
device to limit the sounding of the signaling device to 15 minutes
or less.
The police department shall have the authority to promulgate
written rules and regulations and incorporate recommendations proposed
by the fire department, first aid squad or other borough agencies,
subject to the approval by a resolution adopted by the Mayor and Council
of the Borough of Little Silver, which rules and regulations shall
supplement this section, and provide for record keeping and the efficient
operation and management of alarm systems in the Borough of Little
Silver.
In the case of a false alarm, or of improper maintenance or
operation of an alarm system, any person having knowledge thereof
shall immediately notify the police department. The police department
shall cause an investigation to be made of all false alarms and of
all improper maintenance or operation of alarm systems, and shall
keep a record of such false alarms on file. For such false alarms,
this section prescribes the following penalties:
a.
For the first and second false alarm in any given calendar year,
a warning shall be issued.
b.
For the third false alarm in the same calendar year, a fine not to
exceed twenty-five ($25.00) dollars shall be paid to the borough.
c.
For the fourth or any subsequent false alarm in a calendar year,
a fine not to exceed fifty ($50.00) dollars shall be paid to the borough.
d.
Where the investigation of the police department discloses a continued
disregard by the owner for taking remedial steps for avoiding false
alarms, or for continued failure to maintain or operate an alarm system,
the police department shall have the right to require disconnection
for a limited or permanent time of the alarm system, giving the owner
an opportunity to show cause to the police department why such action
should not be taken. A person aggrieved by the decision of the police
department shall have the right to appeal said decision to the mayor
and council within ten days of the decision.
e.
Any unauthorized equipment pertaining to an alarm system may be ordered
to be disconnected by the police department for non-compliance with
this section. Any placing, installing or maintaining unauthorized
equipment or failing to file a required registration application or
amendment thereto shall be a violation of this section, and shall
be subject to a fine not to exceed fifty ($50.00) dollars which shall
be paid to the borough. Each and every day that such equipment is
installed, or maintained, shall be considered a separate violation.
Any person placing, installing or maintaining any alarm system shall
be deemed as having consented to inspection of the premises on which
said alarm system is installed or maintained at reasonable hours by
the police department.
f.
Any Act of God (i.e., flood, hurricane, earthquake, etc.) which affects
the operation and performance of an approved alarm system shall, after
such determination by the police department, not subject the owner,
operator, lessee or maintainer, to any fine or penalty as herein prescribed
in this section.
As used in this section the following terms shall have the meanings
indicated:
a.
"Alarm
system" shall mean any device, such as a bell, siren, whistle, horn,
gong, or clackson, employed to call attention to, or provide warning
of, intrusion by any person, or by fire, smoke, flood, or other peril,
whether the same provides a visual or audio response, alarm, or warning,
if such warning is capable of being heard or received at any point
beyond the interior walls of the house, apartment, office, store,
industrial building or other structure in or on which the alarm system
has been placed.
b.
"Dial
alarm" shall mean that type of automatic telephone dialing service
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood, or other peril, to the police department or any third
party.
c.
"Local
alarm" shall mean any alarm device which, when actuated, produces
an audible signal to give a warning of intrusion, fire, smoke, flood,
or other peril.
d.
"Person"
shall mean any individual, person, firm, association, partnership,
corporation, joint venture, society, club, trustee, trust, or incorporated
activity.
e.
"Registrant"
shall mean any person owning, operating, leasing or maintaining an
alarm system within the scope of this section who has been issued
a registration certificate to operate and maintain such alarm system.
Except as the same may be clearly inconsistent herewith, this
section shall not be deemed to repeal any ordinance, rule or regulation
which regulates any activity in the Borough of Little Silver. All
ordinances, or part of ordinances, inconsistent with the terms of
this section shall be, and the same are, hereby repealed to the extent
of such inconsistencies. If any subsection, or part of a subsection,
of this section is declared to be held illegal or unconstitutional,
no other part of a subsection of this section, or other ordinance,
shall be affected thereby, but the unconstitutional subsection or
part thereof shall be rescinded, and the remaining provisions of this
section shall continue in full force.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in section 5-20.6, above, in the discretion of the judge of the municipal court.
a.
It shall be unlawful for any person, contractor, partnership, corporation,
stock company or syndicate who owns, leases, is in charge of, or in
control of any property abutting a public street or public right-of-way
to obstruct or cause to be obstructed the safe movement of traffic
on said street or public right-of-way including the paved sidewalk
or paved street by the placement of ice, snow, garbage, limbs, branches,
brush, leaves, debris, water which turns to ice, or any other material
which may result in the creation of conditions which may cause harm,
injury or damage to any person or property using the said public street
or public right-of-way.
b.
It shall be unlawful to place leaves, limbs, brush or other vegetative
materials to the curb for collection except in compliance with the
following collection schedule:
Leaves:
October 1 - December 31
Limbs, Branches, Hedge and Shrub Trimmings:
January 1 - September 30
a.
Places of Public or Private Assembly. No person shall disturb or
interfere with the quiet or good of any place of assembly, public
or private, including but not by way of limitation, schools, churches,
libraries and reading rooms, by noisy, indecent or disorderly conduct.
b.
Public or Quasi-Public Places. No person shall create a disturbance
or breach of the peace in or upon any public street or public or quasi-public
or in any public conveyance, or in or upon any private property not
his own.
No person over the age of 18 who has been convicted of a violation
of any crime against a minor, as identified in N.J.S.A. 2C:7-1, et
seq., and who, as a result of said conviction, is required to register
with the proper authorities pursuant to N.J.S.A. 2C:7-1, et seq.,
Registration and Notification of Release of Certain Offenders, shall
be permitted to reside or live within 2,500 feet of:
Any person meeting the definition set forth in subsection 5-23.1, who resides or lives within 2,500 feet of any of the facilities listed in subsection 5-23.1 within the borough, shall have 60 days from receipt of written notice of the prohibition set forth in subsection 5-23.1 to move to a location that is not within 2,500 feet of one of those facilities within the borough. Failure to so relocate, as stated herein, shall constitute a violation of this section.
Each and every individual in violation of subsection 5-23.2 shall be subject to a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars, which fine shall be at least five hundred ($500.00) dollars, or shall be imprisoned for a term not exceeding 90 days, or both, or shall be required to perform community service not to exceed 90 days for each offense.
The prohibited areas established herein shall be depicted on
a map prepared by the borough engineer entitled "Sex Offender Residency
Prohibited Areas." Said map shall be updated, as needed, by the borough
engineer. Said map shall be kept on file by the borough clerk, and
a fee of ten ($10.00) dollars is hereby established for any person
or agency requesting a copy of same.
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Little Silver,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Little Silver or other public body,
and is designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Little Silver is prohibited. The spilling, dumping, or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
3.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
This section shall be enforced by the police department and/or
other appropriate officials of the Borough of Little Silver.
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall upon conviction be subject to the penalties provided in section 5-13.
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Little Silver,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean that the pet solid waste is removed at once, without
delay.
shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
shall mean waste matter expelled from the bowels of the pet;
excrement.
shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
This section shall be enforced by the police department and/or
other appropriate officials of the Borough of Little Silver.
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall upon conviction be subject to the penalties provided in section 5-13.
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Little Silver, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean to give, place, expose, deposit, distribute, or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Little Silver, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks,
or rehabilitation centers, or unconfined wildlife at environmental
education centers).
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall upon conviction be subject to the penalties provided in section 5-13.
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Little Silver and/or the waters of the State so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Little Silver or other public body,
and is designed and used for collecting and conveying stormwater.
NOTE: In municipalities with combined sewer systems, add the following:
"MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources."
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
shall mean water resulting from precipitation (including
rains and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Little Silver.
a.
Exceptions to Prohibition.
1.
Permitted temporary demolition containers.
2.
Litter receptacles (other than dumpsters or other bulk containers).
3.
Individual homeowner trash and recycling containers.
4.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
5.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
This section shall be enforced by the Police Department and/or
other appropriate officials of the Borough of Little Silver.
Any person(s) who is found to be in violation of the provisions of this section, after being duly notified, shall upon conviction be subject to the penalties provided in section 5-13.
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Little Silver so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Little Silver or other public body,
and is designed and used for collecting and conveying stormwater.
NOTE: In municipalities with combined sewer systems, add the following:
"MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources."
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in subsection 5-28.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 5-28.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This section shall be enforced by the police department and/or
appropriate officials of the Borough of Little Silver.
Any person(s) who is found to be in violation of the provisions of this section, after being duly notified, shall upon conviction be subject to the penalties provided is section 5-13.
[Added 3-25-2019 by Ord. No. 827-19]
The intent of this section is to adopt regulations relating
to and limiting the use of single-use nonbiodegradable plastic bags,
polystyrene foam containers and plastic straws by businesses in the
Borough of Little Silver. The regulations are intended as necessary
and proper steps by the Borough to address a significant global problem
relating to the sale and use of single-use plastic bags, polystyrene
foam containers and plastic straws; to further incentivize the use
of reusable bags at businesses; and, ultimately, to protect the environment,
wildlife, and the public health, welfare, and safety.
As used in this section, the following terms shall have the
meanings indicated:
Any retail establishment that engages in the retail sale
of goods and products. The definition includes, but is not limited
to, pharmacies, supermarkets, grocery stores, convenience stores,
clothing stores, surf shops, dry cleaners, food marts, and food service
establishments.
The date on which final adoption and publication in accordance
with the law are complete.
The later of 180 days from the effective date, or October
1, 2019.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery.
A large bag incorporating a hanger on which garments may
be hung to prevent wrinkling during travel or storage and used to
protect and transport clothing or other textiles.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco
products, toys, and any and all other things and items sold at retail
by businesses and stores.
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to the point of
sale inside a store or to prevent such items from coming into direct
contact with other purchased items, where such contact could damage
or contaminate other food or merchandise when placed together in a
reusable or recycled bag.
The sale of goods and products for use and/or consumption.
A bag that is designed and manufactured to withstand repeated
uses over a period of time, is machine washable or made from a material
that can be cleaned and disinfected regularly, is at least 2.25 mil
thick if made from plastic, has a minimum lifetime of 75 uses, and
its capable of carrying a minimum of 18 pounds.
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" which does
not decompose within 12 months provided at the check-out stand, cash
register, point of sale, or other point of departure for the purpose
of transporting goods or products out of the establishment. The term
"single-use plastic carryout bag" does not include reusable bags,
produce or product bags, or garment bags.
No business or store shall provide any single-use, plastic carryout
bags, polystyrene foam containers and/or plastic straws to a customer
at the check stand, cash register, point of sale, or other point of
departure for the purpose of transporting products or goods out of
the business or store, except as otherwise provided in this section.
a.
This section shall take effect on the effective date, and all businesses
and stores must be in compliance with same by the enforcement date.
b.
Any business or store found not to be in compliance with this section
on the enforcement date, and which has not made application to the
Borough Council for an extension as provided in this section, shall
be in violation of this section and subject to the violations and
penalties prescribed herein.
c.
The Borough Council may, in the Borough's sole discretion, grant
an extension of time for compliance with the Ordinance when a business
or store makes application for an extension prior to the enforcement
date. Upon such application, the Borough shall consider whether the
business or store has made adequate good faith efforts to comply with
this section by the enforcement date, and has been unable do so for
compelling reasons. The Borough may, in its sole discretion, grant
an extension for not longer than 180 additional days from the enforcement
date.
Each business or store violating any of the provisions of this
section shall, upon conviction thereof in municipal court, be subject
to a penalty of up to $500 for a first offense, up to $1,000 for a
second offense, and up to $2,500 for a third offense. If the violation
is of a continuing nature, each day during which it continues shall
constitute an additional, separate, and distinct offense.
In the event that any clause, section, provision, paragraph,
or sentence of this section is deemed to be invalid or unenforceable
for any reason, the remaining provisions of this section not affected
by said invalidity shall remain in full force and effect.
[Added 3-8-2021 by Ord.
No. 844-21]
The intent of this section is to adopt regulations relating
to single-unit and two-unit non-owner occupied rental properties,
the responsibility of owners of said properties to enforce certain
decorum by their renters, and the necessity of the owners of said
properties to register the property and, upon at least two (2) substantiated
complaints, to post a bond or equivalent security to compensate the
Borough for future damages or expenses suffered from tenant behaviors
such as disorderly, indecent, tumultuous, or riotous conduct.
[Added 3-8-2021 by Ord.
No. 844-21]
The Borough Council finds, determines, and declares that:
a.
Little Silver's citizens have experienced disturbances, damages,
and public expense resulting from inadequately supervised residential
rentals by absent or indifferent property owners and landlords;
b.
This section is enacted to preserve the peace and tranquility of
the Borough community for its permanent residents and property owners,
and to maintain the Borough as a safe and healthy environment for
all;
c.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible rentals; and
d.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48—2.12n
et seq. to enable municipalities to take effective action to ensure
that instant expenses, when they occur, shall not be repeated, and
that landlords offering rentals be held to sufficient standards of
responsibility.
[Added 3-8-2021 by Ord.
No. 844-21]
For the purpose of this section, and consistent with the statutory
authority, the following meanings shall apply:
Shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to the advice and consent of the Borough
Council. The hearing officer shall not own or lease any real property
with in the Borough of Little Silver, nor hold any interest in the
assets of or profits arising from the ownership of such property.
Shall mean the person or persons who own or purport to own
any rental property as herein defined.
Shall mean any building in which there is rented or offered
for rent housing space for living or dwelling under either a written
lease or oral lease which building is a single-unit dwelling or a
two-unit dwelling that is not owner-occupied.
Shall mean an act of disorderly, indecent, tumultuous, or
riotous conduct, including, by way of example but not limited to,
simple assault, terroristic threats, harassment, urinating in public,
lewdness, criminal mischief, excessive noise, petty disorderly offense,
or is a violation of any provision of Title 2C of the New Jersey Statutes
or any other Borough ordinance governing disorderly conduct upon or
in proximity to any rental premises, and attributed to the acts or
incitement of any of the tenants of those premises which have been
substantiated by prosecution and conviction and/or guilty plea in
any court of competent jurisdiction. For purposes of this definition,
the phrase "upon or in proximity to" shall mean anywhere on the property
or upon or within the adjacent right-of-way, adjoining roadways, or
adjoining properties.
[Added 3-8-2021 by Ord.
No. 844-21]
Consistent with the provisions codified at N.J.S.A. 46:8-28
et seq., every landlord within the Borough shall, at the time of the
creation of the first tenancy in any rental property, file with the
Borough Clerk, a certificate of registration on the form prescribed
by the State Commissioner of Community Affairs, which shall contain
the following information:
a.
The name
and address of the landlord/record owner or owners of the premises
and the record owner or owner of the rental business, if not the same
persons (and in the case of a partnership, the names of all general
partners shall be provided);
b.
If the landlord/record owner is a corporation, the name and address
of the registered agent and corporate officers of said corporation;
c.
If the address of any landlord/record owner is not located within
Monmouth County, the name and address of a person who resides in Monmouth
County and is authorized to accept notices from a tenant and to issue
receipts therefor and to accept service of process on behalf of the
landlord/record owner;
d.
The name and address of the managing agent of the rental property,
if any;
e.
The name and address of any individual designated as a superintendent,
janitor, custodian, or other employee providing regular maintenance
service to the rental property, if any;
f.
The name, address, and telephone number of an individual representative
of the landlord/record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the
rental property and the dwelling(s) therein, including such emergencies
as the failure of any essential service or system, and who has the
authority to make emergency decisions concerning the rental property
and any repair thereto or expenditure in connection therewith and
shall, at all times, have access to a current list of building tenants
that shall be made available to emergency personnel as required in
the event of an emergency;
g.
The name and address of every holder of a recorded mortgage on the
rental property; and
h.
If fuel oil is used to heat the rental property and the landlord
furnishes the heat in the building, the name and address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
|
The prescribed registration form, as same may be amended from
time to time, shall be made available by the Borough Clerk at the
Borough Hall and on the Borough's website.
|
[Added 3-8-2021 by Ord.
No. 844-21]
Any landlord that shall be convicted of a violation of § 5-30.4 above shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding five hundred ($500.00) dollars, or community service not exceeding 90 days, or any combination of such penalties as the court in its discretion may impose. Each day that such violation exists after the first notice of violation shall constitute a separate offense.
[Added 3-8-2021 by Ord.
No. 844-21]
a.
If, in any 24 month period, two complaints, on separate occasions,
of disorderly, indecent, tumultuous or riotous conduct, including,
by way of example, but not limited to, simple assault, assault, terroristic
threats, harassment, lewdness, urinating in public, criminal mischief,
excessive noise, a petty disorderly offense, or is a violation of
any provision of Title 2C of the New Jersey Statutes or any other
menace of ordinance governing disorderly conduct upon or in proximity
to any Rental Property, and attributable to the acts or incitement
of any of the tenants of same, have been substantiated by prosecution
and conviction in any court of competent jurisdiction (and thereby
meeting the definition of Substantiated Complaint), the Borough Council
or any officer or employee of the Borough so designated by the Borough
Council for this purpose, may institute proceedings to require the
landlord of the rental property to post a bond against the consequences
of future incidents of the same character, or of a character actionable
under this chapter. For purposes of this definition, the phrase "upon
or in proximity to" shall mean anywhere on the property or upon or
within the adjacent right-of-way, adjoining roadways, or adjoining
properties.
b.
The Borough Council or any officer or employee of the Borough designated by the Borough Council shall cause to be served upon the landlord, in person or by registered mail, to the address appearing on the registration form prescribed in § 5-30.4a and to the address appearing in the tax records of the Borough, notice advising of the institution of such proceedings, together with particulars of the Substantiated Complaints upon which those proceedings are based, and of the time and place at which the hearing will be held in the matter, which shall be in the Municipal Building, Municipal Court or such other public place as designated by the Borough Council, in which shall be no sooner than 30 days from the date upon which the notice is served or mailed. Landlords with permanent dwelling places that are not within Monmouth County, New Jersey, submit to complete service of process upon their designated agent as so described in their registration form. By reason of maintaining a rental with in the Borough, landlords dwelling outside of the Borough or of Monmouth County are deemed to have consented to the forum being the Municipal Court, or at the Borough's sole discretion, any court of competent jurisdiction within the State of New Jersey so selected by the Borough.
c.
At the hearing convened pursuant to paragraph b above, the Hearing
Officer shall give full hearing to both the complaint of the Borough
and to any evidence in contradiction or mitigation that the landlord,
present or represented or offering such evidence, may present. At
the conclusion of the hearing, the Hearing Officer shall determine
whether the landlord shall be required to post a bond in accordance
with the terms of this section.
d.
Any bond required to be posted shall be in accordance with the judgment
of the Hearing Officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
1.
Damages likely to because to public or private property consequent
upon disruption of affected residents' rights of fair use and
quiet enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the Borough for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, no such
bond shall be in an amount less than $500 nor more than $5000. The
Borough may enforce a bond thus requiring an action in the Superior
Court, and shall be entitled to an injunction prohibiting the landlord
from making or renewing any lease of the rental property for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the Borough.
e.
Any bond or other security deposited in compliance with paragraphs d3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall been had under § 5-30.7 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the rental property shall not void a requirement of any security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by paragraph d above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no Substantiated Complaints are recorded with respect to the property in question.
[Added 3-8-2021 by Ord.
No. 844-21]
a.
If during the period for which a landlord is required to give security pursuant to § 5-30.6 above, a Substantiated Complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security or bond, for an extension as provided in § 5-30.6e above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 5-30.6d above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in § 5-30.6d above, and shall be taken only to the extent that the nature of the Substantiated Complaint(s) out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 5-30.6d above.
c.
Nothing herein shall be interpreted to preclude the landlord from
recovering from the tenant any amount of security actually forfeited
to the Borough under the provisions herein.
[Added 3-8-2021 by Ord.
No. 844-21]
If a landlord has been required to post a bond under this section
during an existing tenancy, said landlord shall provide written notice
to the tenant of the rental unit and provide proof of service of said
notice to the Borough Clerk within 10 business days of posting of
the bond or security.
[Added 3-8-2021 by Ord.
No. 844-21]
Nothing herein shall be deemed to immunize landlord from violations
of Borough ordinances due to the landlord's negligence or ignorance
of the law.
[Added 3-8-2021 by Ord.
No. 844-21]
The duty of administering and enforcing the provisions of this
section is conferred upon the Borough Clerk, the Borough Administrator,
the Borough Council, and the Borough's code officials, housing
officers, health officers, Fire Department, Police Department, and
any other duly appointed representatives.
[Added 3-8-2021 by Ord.
No. 844-21]
If any section, paragraph, subdivision, subsection, clause,
or provision of this Ordinance shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision, subsection,
clause, or provision declared invalid and the remainder of this Ordinance
shall remain in full force and effect and shall be enforceable.
[Added 3-8-2021 by Ord.
No. 844-21]
This Ordinance shall take effect immediately upon final adoption
and publication as required by law.
