[1999 Code § 9.04.010]
No person shall interfere with, hinder, disturb or obstruct
the proceedings, functions or deliberations of the Council of the
Township or any other official body in the Township, nor shall any
person molest, obstruct, hinder or interfere with any Township officer
or official engaged in the performance of his or her duty, or knowingly
resist or oppose any person authorized by law to make arrests or to
serve any writ, bill, order or process when the person so authorized
is acting in the performance of his or her duty.
[1999 Code § 9.04.020]
No person shall intentionally, willfully or maliciously interfere
with, destroy or injure any of the wires, posts, machines, bells,
sirens, boxes, locks or other apparatus of any fire alarm system;
nor shall any person intentionally, willfully or maliciously interfere
with intent to create a false alarm or obstruct the efficient operation
of the same, or hinder or impede any of the operations intended to
be accomplished thereby. Nor shall any person intentionally, willfully
or maliciously cause a false alarm of fire to be given in any manner
within the limits of the Township. Nor shall any person during an
alarm of fire hinder, prevent or deter by any device whatsoever any
fire fighter or other person from rendering lawful assistance in abating
or quelling such fire, or hinder or interfere with any fire fighter
from going to or returning from the place where any building or other
property is on fire, or from which an alarm proceeds. Nor shall any
person hinder or obstruct the passage of any fire engine, hook or
ladder truck, hose cart or any fire apparatus in going to or from
the place from which an alarm of fire proceeds, or where any building
or other property may be burning. Nor shall any person intentionally
and maliciously ring or cause to be rung any type of alarm involving
ambulance service, thereby giving or causing to be given a false alarm
for the ambulance service. Nor shall any person intentionally, willfully
or maliciously send any message of false alarm of fire or ambulance
call by telephone or by any other method or means. No person shall
drive a motor vehicle or other vehicle over fire hose or fire equipment
except as authorized by the authority in charge.
[1999 Code § 9.04.030]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5.
[1999 Code § 9.08.010A]
No person or persons shall make, aid, assist in any riot, breach
of peace or disturbance or be guilty of any disorderly conduct or
open drunkenness or drink intoxicating liquors in the open streets
or highways of the Township or other quasi-public open places in the
Township.
[1999 Code § 9.08.020]
No person or persons shall loiter in the streets or highways
or in other public or quasi-public places or utter loud, offensive
or indecent language in the streets or highways or in other public
or quasi-public places or make improper noise, utter loud, offensive
or indecent language or make offensive or improper language or remarks
or indecent language on private property so that the same is audible
to the public beyond the confines of the private property or make
offensive or improper gestures to any person or persons on such streets,
highways or public places or conduct himself or herself in any manner
contrary to public decency; nor shall any person or persons trespass
upon the property of another without permission of the owner, occupant
or lessee.
[1999 Code § 9.08.030]
No person or persons in a vehicle shall make offensive remarks
or gestures to any person or persons on the public streets or highways,
these remarks being uncalled for and unwanted and contrary to proper
decorum. No person or persons in a vehicle shall accost male or female
persons on foot or in another vehicle in a seductive or enticing manner
or in any manner contrary to good taste and decorum, either by words
or gestures or mannerisms.
[1999 Code § 9.08.040]
No persons shall keep or maintain a disorderly house or a house
of ill fame or allow or permit any house, shop, store or other building
owned or occupied by him or her to be used as a disorderly house or
house of ill fame, to be frequented or resorted to by riotous or disorderly
persons, prostitutes, gamblers or vagrants.
[1999 Code § 9.08.050]
No person shall intentionally appear on any street, avenue,
road, highway or other public place in a state of nudity, or make
any indecent exposure of his or her person, or commit or cause to
be committed, or participate in, the commission of any lewd or indecent
act or behavior.
[1999 Code § 9.08.060]
No person shall by word, act, sign or other device invite, solicit
or aid or abet in inviting or soliciting, unlawful sexual intercourse
or any other unlawful, lewd, indecent or lascivious act.
[1999 Code § 9.08.070]
No person shall conduct himself or herself in or about the Township
having concealed upon him or her any implements with an intent to
break or enter into any building, nor shall have upon him or her any
pistol, hanger, cutlass, bludgeon or other offensive or dangerous
weapon; nor shall any person have upon him or her, whether concealed
or not, any implements or things with the intent of committing any
unlawful act, nor shall any person be present in or near any dwelling,
house, warehouse, stable, barn, garage or any place of public resort
or assemblage for business, worship or amusement or other lawful purpose,
with intent to steal any goods or chattels; provided, however, that
this section shall not apply to law officers and other persons duly
authorized under certain statutes of this State to carry proper weapons
of defense.
[1999 Code § 9.08.080]
No person shall, within the limits of the Township, deal, play
or engage in faro, roulette, illegal lottery, numbers games or other
games of chance, either as banker, player or dealer, or otherwise,
for the purpose of gaming or gambling for money or other valuable
things. Raffles, bingos and lotteries for which permits are obtained
are excluded from the prohibition herein set forth.
[1999 Code § 9.08.090]
It is unlawful within the Township for any person, firm or corporation
not directly involved in a labor strike or lockout to recruit any
person or persons for employment or to secure or offer to secure for
any person or persons any employment, when the purpose of such recruiting,
securing or offering to secure employment is to have such persons
take the place in employment of employees in an industry where a labor
strike or lockout exists.
[1999 Code § 8.112.070]
It is unlawful for any person to spit upon any public sidewalk
or upon any part of the interior or exterior of any public building
or public conveyance.
[1999 Code § 9.08.100]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5.
[1999 Code § 9.08.110A, B]
a. For the purposes of this section, a laser beam device or laser pointer
means any device that emits light amplified by the stimulated emission
of radiation that is visible to the human eye.
b. It shall be unlawful for any person to focus, point or shine a laser
beam or laser beam pointer device directly or indirectly upon another
person or animal in such a manner as to reasonably cause harassment
or annoyance or harm to said person or animal.
[1999 Code § 9.08.110, C]
a. Any person violating any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5.
b. At the time of arrest, the laser beam device used in the violation
of this section, shall be seized by the Police Department and kept
as evidence of a crime.
[1999 Code § 9.20.010]
Any person who commits open lewdness or a notorious act of public
indecency, grossly scandalous and tending to debauch the morals and
manners of the people of the Township is guilty of a violation of
this section and, upon conviction thereof in the Municipal Court,
shall be subject to the penalties set forth elsewhere in this section.
[1999 Code § 9.20.020]
As used in this section:
COMMUNITY STANDARDS
Means the standards of the community which is comprised of
the citizenry of the Township.
KNOWINGLY
Means having knowledge of the character and content of material
described herein or having failed to exercise reasonable inspection
which would disclose its character and content.
MATERIAL
Means anything tangible which is capable of being used or
adapted to arouse interest, whether through the medium of reading,
observation, sound, feel or in any other manner.
MATERIAL OBSCENE FOR PERSONS
Means any descriptive, narrative account or depiction of
a specified anatomical area or specified sexual activity contained
in, or consisting of, a picture or other representation, publication,
sound recording or film, which, by means of posing, composition, format
or animated sensual details, emits sexuality with sufficient impact
to concentrate prurient interests in the area of activity.
OBSCENE
Means that which, to the average person, applying contemporary
community standards, when considered as a whole, has as its dominant
theme or purpose an appeal to prurient interests. Any book, publication,
picture, writing, record or other mechanical or electrical audio or
visual reproduction or other material shall be "obscene" within the
meaning of this section if it is established that:
a.
The dominant theme of the material taken as a whole appeals
to a prurient interest;
b.
The material is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual materials;
c.
The material is utterly without redeeming social value.
OBSCENE WORK
Means a work which, taken as a whole, appeals to the prurient
interests in sex; which portrays sexual conduct in a patently offensive
way; and which, taken as a whole, lacks serious literary, artistic,
political and scientific value. In determining whether or not a work
or material is obscene, the trier of fact must find that:
a.
The average person, applying contemporary community standards,
would find that the work, taken as a whole, appeals to the prurient
interests; and
b.
The work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by this section as being a portrayal
of patently offensive sexual conduct as that phrase is used in the
definition of an "obscene work;" and
c.
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
PATENTLY OFFENSIVE
Means so offensive on its face as to affront community standards.
The phrase "patently offensive sexual conduct" shall be deemed to
include any of the following sexual conduct as depicted, described
or dramatized in a patently offensive way:
a.
An act of sexual intercourse, normal or perverted, actual or
simulated, including genital-genital, anal-genital or oral-genital
intercourse, whether between human beings, or between a human or humans
and an animal or animals;
b.
Sadomasochistic abuse meaning flagellation or torture by or
upon a person or persons, whether in the nude or clad in undergarments
or in a revealing costume, or the condition of being fettered, bound
or otherwise physically restrained;
c.
Masturbation, excretory functions and lewd exhibition of the
genitals, including any explicit close-up, representation of human
genital organs or spread-eagle exposure of female genital organs;
d.
Physical contact or simulated physical contact with the unclothed
pubic area or buttocks of humans or the breast of female humans whether
the same involves two (2) or more humans or one (1) or more animals
with the humans, in an act of apparent sexual stimulation and/or gratification;
e.
Any device, designed and marketed as being useful primarily
for the stimulation of human genital organs;
f.
Male or female genitals in a state of sexual stimulation, arousal
or turgidity.
PERFORMANCE
Means any play, motion picture, dance, dramatization, with
or without conversation, directly or in silhouette, or any other exhibition
performed before one or more persons.
REDEEMING SOCIAL VALUE
Means that which is capable of or intended for the advancement
of medical science and/or formal education.
SPECIFIED ANATOMICAL AREA
Means:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttocks or female breast below a point immediately above
the top of the areola;
b.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Means:
a.
Human genitals in a state of sexual stimulation or arousal;
or
b.
Any act of human masturbation, sexual intercourse or sodomy;
or
c.
Fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttocks or female breasts.
WORK
Means any material or performance.
[1999 Code § 9.20.030]
In any prosecution under the provisions of this section, evidence
of pandering or evidence that the sale or distribution of the material
in question was exploited on the basis of its appeal to prurient interests
may be considered in determining whether such material is utterly
without redeeming social value.
[1999 Code § 9.20.040]
a. A person shall be guilty of violating this section if the person
knowingly sells, rents, lends or gives away to another person or induces
such person to seek, buy, borrow or receive:
1. Any books, publications, pictures, writings, records or other mechanical
or electronic audio or visual reproductions or other material of any
person or persons posed or presented in such manner as to exploit
lust, and which shows, depicts or reveals such person or persons in
acts of sexual stimulation, deviation or perversion with one's self
or with another or others;
2. Any collection, series or combination of photographs, drawings or
other similar representations, whether or not contained in books,
publications, pictures, writings, records or other mechanical or electronic
audio or visual reproductions, of any person or persons posed or presented
in such a manner as to exploit lust for commercial gain and depicted
or shown in such a posture or way that the viewer's attention or concentration
is primarily focused on those persons in acts of sexual stimulation,
deviation or perversion which would appeal to the lust of any person;
3. Any books, publications, pictures, writings, records or other mechanical
or electronic audio or visual reproductions or other material containing
details, descriptions or narrative accounts of acts of sexual stimulation,
deviation or perversion with one's self or with another or others,
which details, descriptions or narrative accounts are written or presented
in such a manner as to exploit lust for commercial gain and which
would appeal to the lust of persons and which are to be distinguished
from flat and factual statements of the facts, causes, functions or
purposes of the subject of the writing or presentation, such as would
be found in bona fide medical or biological textbooks.
For the purpose of this subsection, "knowingly" means having
knowledge of the character and content of any item described in this
section or failure to exercise reasonable inspection which would disclose
the character and content of the item.
b. Any person who knowingly and without just cause utters or exposes
to the view or hearing of another, or poses with intent to utter or
expose to the view or hearing of another, any obscene works or written,
mechanical or electronic materials; or poses with the intent to do
any of the above; or advertises the same; or in any manner, whether
by recommendation for or against its use, gives any information on
how or where such works or materials may be obtained, viewed, heard,
bought or sold, is guilty of violating this chapter.
c. Any person, firm or corporation, or any agent, office or employee
thereof, engaged in the business of distributing goods, wares, publications
or other articles or materials of any kind whatsoever to retail dealers,
who shall refuse to furnish to any retail dealer any quantity of goods,
wares, publications or other articles sought to be purchased by a
retail dealer because that dealer refuses to purchase or accept delivery
of lewd, lascivious, obscene or indecent publications or materials
shall be guilty of violating this section.
[1999 Code § 9.20.050]
a. Proceedings for alleged violations of this section or any of its
subsections shall be prosecuted in the Municipal Court of Edison Township.
b. For a first violation the minimum mandatory fine shall be the sum
of twenty-five ($25.00) dollars and the maximum fine two hundred fifty
($250.00) dollars.
c. Upon conviction of subsequent offenses, violators shall be subject to a minimum fine of two hundred ($200.00) dollars and a maximum fine as stated in Chapter I, Section
1-5 for each subsequent violation.
[1999 Code § 9.12.010]
No person shall:
a. Mutilate or remove any notice or damage, destroy or remove any warning
sign or signal or remove any barricade placed or posted on any highway
in connection with or relating to the closing of any road;
b. Drive any vehicle over or upon the closed portion of any highway;
c. Violate any rule or regulation for the use of any highway.
[1999 Code § 9.12.020]
No person shall place, throw, suffer or permit the depositing
of any stone, sticks, glass, snow or ice, or any hard, dangerous or
offensive substance upon any street, avenue, road, highway or other
public thoroughfare; nor shall any person throw any such object or
substance at, upon or against any person, vehicle of transportation,
building or other structure; nor shall any person or persons throw
objects from a moving vehicle within Township limits.
[1999 Code § 9.12.030]
No person shall dispose of, throw away or discard any papers,
bottles, tin cans, cartons, garbage or refuse of any kind whatsoever
upon public streets, sidewalks, public grounds or parks, playgrounds
or places of public assemblage or accommodation, including all municipally
owned facilities; nor shall such refuse be thrown into the water of
any pond, stream or lake, or into waters adjacent thereto; nor shall
any person discharge any sewage or waste into the waters of any of
them or pollute the waters of any of them in any manner whatsoever.
[1999 Code § 9.12.040]
No person shall write or cause to be written any lewd, indecent
or obscene word or words, mark or marks whatsoever, or draw or cause
to be drawn any lewd, indecent or obscene figure upon any house, building,
wall, fence or other place in the Township.
[1999 Code § 9.12.050]
No person shall, within the limits of the Township, maliciously
destroy, damage or injure the personal property or real property of
any person, firm or corporation, or any public property, whether the
same be personal or real; nor shall any person place or cause to be
placed any material or obstruction or interfere in any manner whatsoever
with public or private property, specifically but not by way of limitation,
of sewers, drainage and water facilities, whether they be located
on the public roads or private property, nor shall any person suffer
any interference, damage or injury to any public or private property
which shall affect the normal use thereof.
[1999 Code § 9.12.060]
No person shall unnecessarily obstruct any street, avenue, sidewalk,
road, highway, alley or public place with any kind of vehicle or vehicles
or with boxes, lumber, wood or any other such thing that could obstruct
a street or other public place.
[1999 Code § 9.12.070]
No person shall enter any building or go upon the lands of any
public school and break, injure or deface such building or any part
thereof, or any other property belonging to or connected with such
building or lands; and no person shall disturb the routines of any
public school or molest or give annoyance to the children attending
such school, or annoy any teacher or other personnel therein.
[1999 Code § 9.12.080]
No person shall destroy or abet in destroying any public building
or public work; no person shall injure, tarnish or deface or besmirch
any public building, work, tree, light or traffic post, fence, streetlight
post, facilities, monument, statue, flagpole or contents and fixtures
of any public play area, park or stadium.
[1999 Code § 9.12.090]
a. No person or persons shall urinate or defecate or commit any kindred
nuisance in any public street, highway, public or quasi-public place,
such street, highway, public or quasi-public place or other public
place not provided for such purpose.
b. For the purpose of this section, the term "other public place" shall
be deemed to include the quasi-public area in front of or adjacent
to any store, shop, restaurant, luncheonette or other places of business,
and shall include also any parking lots or other vacant private property
not owned or under the dominion of the person charged with a violation
of this section.
[1999 Code § 9.12.100]
No person shall willfully upset refuse containers or garbage
cans or containers.
[1999 Code § 9.12.120]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5. Each day such violations is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[1999 Code § 9.12.110]
It is unlawful for any person, firm or corporation to leave
or permit to remain outside of any dwelling, building or other structure,
or within any unoccupied or abandoned building, dwelling or other
structure under his, her or its control, in a place accessible to
children, any abandoned, unattended or discarded icebox, refrigerator
or other container, which has an airtight door or lid, snaplock or
other locking device.
[1999 Code § 9.12.120]
Any person found who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5.
[1999 Code § 9.16.010]
As used in this section:
DEFACE
Means to cover, mark, write on, paint, color or otherwise
mar, disfigure or draw whatsoever on any private or public property
of any nature, without the express consent of the owner.
GRAFFITI
Means any form of inscription, word figure, marking or design
that is marked, etched, scratched, drawn down or painted on any building,
structure, fixture or other improvement, whether permanent or temporary,
including by way of example only and without limitation, fencing surrounding
construction sites, whether public or private without the consent
of the owner of the property, or the owner's authorized agent, which
is visible from the private right-of-way.
INDELIBLE MARKER
Means any felt tip marker, china marker, or similar device
that is not water soluble and which has a flat or angled writing surface
one-half (1/2) inch or greater.
KNOWINGLY
Means and include knowledge or information which a parent
should reasonably be expected to have pertaining to the marking of
graffiti. It is intended to include and require neglectful or careless
parents to maintain a reasonable community standard of parental respectability
through an objective test. There shall be no defense of a parent who
is indifferent to the activities or conducts of a minor in their custody,
when they have knowledge of the individual's actions that are not
in compliance of this section.
MINOR or JUVENILE
Shall be used interchangeably and means any person under
the age of seventeen (17), any person less than seventeen (17) years
of age or any person who has not celebrated his or her seventeenth
(17th) birthday.
OWNER
Means the owner of record of the property as set forth in
the records of the Tax Assessor for the Township of Edison.
PARENT
Means any person to whom legal custody of the juvenile has
been given by court order or is acting in the place of the parent
or is responsible for the care and welfare of the juvenile and shall
include:
a.
Natural or adoptive parents;
c.
A person who stands in "loco parentis;"
d.
A person to whom legal custody has been given by court order.
PUBLIC PLACE
Means any place to which the public has access, including
but not limited to a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
TOWNSHIP
Means Township of Edison, New Jersey.
[1999 Code § 9.16.020]
The following acts are prohibited:
a. No person shall willfully or maliciously damage, deface, or vandalize
any public, or private property by painting, writing, drawing or otherwise
in subscribing in any fashion of graffiti thereon without the express
permission or consent of the owner. However, this prohibition shall
not apply to easily removable (which are water soluble) chalk markings
on public sidewalks or streets, written or drawn in connection with
traditional children's games, or in any lawful business or public
purpose or activity.
b. It is unlawful to aid anyone in defacing public or private property.
c. No person shall possess a spray container or indelible marker in
any public place or on any public facility or private property with
the intent to use same to deface the public building, property or
private property, absent express permission to the contrary.
[1999 Code § 9.16.030]
It is unlawful for a parent as defined in this section having
legal custody over a minor to knowingly permit or by inefficient or
lack of control to allow such minor in their control to place graffiti
on any private or public property as defined in this section.
[1999 Code § 9.16.040]
a. In the case of a first violation by the juvenile, the juvenile and parent shall receive, both in person and by certified mail, a written warning in accordance with subsection
10-12.2, indicating the circumstances under which the juvenile was found to be in violation of this section.
b. If the minor has been convicted of violating this section on a prior
occasion within six (6) months of the date of the present violation,
there shall be a presumption that the parent or guardian having care
of the minor, knew or should have known of the minor's violation of
this section.
[1999 Code § 9.16.050]
Seventy (70%) percent of each fine collected, pursuant to this
chapter, shall be placed in a special account to be used as assistance
to homeowners for removing graffiti and to purchase necessary equipment
to perform the cleaning. The remaining thirty (30%) percent of the
fees shall be deposited into the general fund of the Township.
[1999 Code § 9.16.060; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009; amended 6-14-2023 by Ord. No. O.2176-2023]
a. The Township shall provide a notice to the property owner, agent,
manager, occupant, or tenant thereof, which has any form of graffiti
on any building or structure on their property that said owner or
agent is in violation of the Township Code. The occupant or tenant
shall promptly forward the notice to the property owner, agent or
manager for the subject property.
b. The notice to remove graffiti shall contain a form to be utilized
by a property owner to inform the Township that the graffiti has been
removed. The form shall also contain a provision stating that by affixing
a signature to the form, indicating that the graffiti has been removed,
the owner, agent or manager is certifying that the facts set forth
therein are true and that the certification shall be considered as
if made under oath and subject to the same penalties as provided by
law for perjury.
c. The property owner or agent or manager thereof, of any premises who
has been ordered to remove the graffiti shall respond to the Township
by personal delivery or certified mail:
1. Of any objection to the order, within thirty (30) calendar days of
the date of the order; or
2. Of notice that the graffiti has been removed, within thirty (30)
calendar days of the date of the order.
d. The Township shall take into account inclement weather or any other
factors as the Township may deem appropriate, as to the lack of removal.
e. A property owner, agent, or manager who objects to an order to remove
graffiti pursuant to paragraph c2, may institute an action challenging
the order before a court of competent jurisdiction within thirty (30)
calendar days of the date of the order.
f. If the property owner, agent or manager fails to remove the graffiti
within thirty (30) calendar days of the date of the order, unless
an action challenging the order to remove graffiti is still pending
pursuant to paragraph e, the Township may remove the graffiti from
that property and present the property owner with a detailed itemization
of the costs incurred by the Township, by certified and regular mail
for reimbursement from the property owner.
g. In addition to assessing the cost of removal pursuant to paragraph
f, the Township may enforce the payment of such assessment, together
with interest, as a debt of the owner of the property and may authorize
institution of such action at law for the collection thereof or shall
become a municipal lien against the real property and shall be added
to and become part of the taxes next to be assessed and levied upon.
[1999 Code § 9.16.070; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
A reward of two hundred fifty ($250.00) dollars shall be paid
to any person who provided information or assistance leading to the
apprehension and conviction of any person violating this section.
This reward shall be payable after conviction out of a fund established
for this person, but no reward shall be paid to any public employee
whose duty is to investigate or enforce this section. The Chief of
Police or his/her designee is authorized to grant such reward with
the consent of the Municipal Council, and the reward shall only be
given upon notification by the Municipal Court that the matter has
been adjudicated.
[1999 Code § 9.16.080]
a. Any person who violates any of the provisions of this section shall,
upon conviction thereof, be punished by one (1) or more of the following
penalties.
1. A fine not less than five hundred ($500.00) dollars and not exceeding
one thousand ($1,000.00) dollars;
2. Imprisonment not to exceed ninety (90) days;
3. A period of community service not to exceed ninety (90) days.
b. If, after the receipt of a warning notice pursuant to subsection
10-12.3 of a first violation by a juvenile, a second graffiti violation is adjudged against the same juvenile, the parents of the juvenile shall be subject to prosecution under this section, and shall be required to perform community service for a period of not to exceed ninety (90) days, and pay a fine of not less than five hundred ($500.00) dollars, but no more than two thousand ($2,000.00) dollars. Additionally, any parent having the care or custody of a juvenile found to be in violation of this section, if it is adjudged that both the juvenile and the juvenile's parent violated the graffiti ordinance, they shall be required to perform the community service together.
[1999 Code § 9.17.010]
a. Spray paint means any paint or pigmented substance in an aerosol
or similar spray container or intended for use in an aerosol or similar
spray container.
b. It shall be unlawful for any person to sell or offer to any person
under eighteen (18) years of age any spray paint, or hobby kit or
any similar kind of kit containing spray paint.
c. No person may sell or offer to sell spray paint to any other person
unless the buyer presents evidence of his or her identity and age.
d. Containers of spray paint may not be displayed in any retail business
premises in a manner in which they can be picked up by a customer
when standing in an area allocated for customer use.
[1999 Code § 9.17.040A]
Every person who engages in the business of selling spray paint
regulated by this section, shall post in clear public view at or near
the display of such products using bold lettering at least one (1)
inch in height a placard stating as follows:
ANY PERSON DEFACING REAL PROPERTY NOT HIS OR HER OWN WITH PAINT
OR ANY OTHER LIQUID IS SUBJECT TO A FINE OF $2,000.00 OR IMPRISONMENT
FOR UP TO NINETY (90) DAYS.
[1999 Code § 9.17.040B]
Every person who engages in the business of selling spray paint
regulated by this section shall also post in the direct view of such
person or persons responsible for accepting customer payment for such
spray paint container or marker pens, using bold lettering at least
one (1) inch in height a placard stating as follows:
IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY SPRAY PAINT TO PERSONS
UNDER EIGHTEEN (18) YEARS OF AGE IN THE TOWNSHIP OF EDISON. VIOLATORS
SHALL BE SUBJECT TO A FINE OF UP TO $2,000.00 OR IMPRISONMENT FOR
UP TO NINETY (90) DAYS.
[1999 Code § 9.17.050]
No person shall aid, assist or abet a person under the age of
eighteen (18) in obtaining possession of paint in a spray can. This
prohibition shall not apply to:
a. A parent or legal guardian assisting and supervising his or her own
child or ward in use of paint; and
b. A teacher, assisting and supervising his or her student in the use
of paint; and
c. An employer assisting and supervising his or her employee in the
use of paint.
[1999 Code § 9-17.020]
No person under the age of eighteen (18) shall possess any paint
in a spray can. This prohibition shall not apply to:
a. A child using paint while under the immediate supervision of his
or her parent or legal guardian; and
b. A student using paint while under the immediate supervision of his
or her teacher; and
c. An employee using paint under the supervision of his or her employer.
[1999 Code § 9-17.030]
a. It shall be unlawful for a person to possess a spray paint container
on the property of another or in any public building or upon any public
facility. It shall be a defense to an action for violation of this
section that the owner, manager, or other person having control of
the property, building or facility, consented to the presence and
use of the paint or marker.
b. It shall be unlawful for any person to possess a spray paint on the
public way with intent to use the same to deface any building, structure
or property. This prohibition shall not apply to any employee of a
public utility or of the Municipal, State or Federal government using
spray paint or any marker within the scope of his or her prescribed
duties.
[1999 Code § 9-17.010; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section
1-5.
[1999 Code § 9.34.010]
As used in this section:
GUARDIAN
Means a person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
RELATIVE
Means an underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity.
[1999 Code § 9.34.020]
It is hereby unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property within the Township of Edison.
[1999 Code § 9.34.030]
Any person found guilty of violating the terms of this section
shall be subject to a fine of two hundred fifty ($250.00) dollars
for the first offense and a fine of three hundred fifty ($350.00)
dollars for any subsequent offense. In addition to the fine authorized
for this offense, the court may, upon a finding of guilty, suspend
or postpone for six (6) months the driving privileges of the violator,
in accordance with, and in the manner provided in N.J.S.A. 40:48-1.2.
[1999 Code § 9.34.040]
a. This section shall not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
b. The section shall not prohibit the possession of alcoholic beverages
by any person under the legal age while such person is lawfully engaged
in the performance of employment by a person who is licensed under
Title 33 of the New Jersey Revised Statutes, or while actively engaged
in the preparation of food while enrolled in a culinary arts or hotel
management program at a County vocational school or post-secondary
educational institution; however this section shall not be construed
to preclude the imposition of a penalty under this section, N.J.S.A.
33:1-81, or under any other section of existing ordinance or law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[1999 Code § 9.32.010]
As used in this section:
DELINQUENCY
Means:
a.
The commission of an act by a juvenile which, if committed by
an adult, would constitute:
2.
A disorderly person's offense or petty disorderly offense under
State law; or
3.
A violation of any other penal statute, ordinance or regulation.
b.
The commission of an act which constitutes a violation of Chapters 3,
4,
6 or 8 of Title 39, Motor Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey, or of any amended supplement thereof, by a juvenile of or over the age of seventeen (17) years, shall not constitute delinquency as defined in this section.
JUVENILE
Means any person who has not yet attained his or her eighteenth
birthday.
PARENT
Means any natural father or mother or any adult who has a
juvenile in his or her charge by virtue of an order of the court.
[1999 Code § 9.32.020; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
a. It shall be the duty of the Chief of Police or his/her designee of
the Township, or an appropriate member of the Department of Police,
to notify the parent of every child convicted of a juvenile offense,
which offense shall have been committed within the jurisdiction of
the Township, placing that parent upon notice of the potential liability
of such parent for the further unlawful acts of his or her juvenile(s).
The notice shall be in writing and shall be accompanied by a copy
of this section.
b. Upon a second conviction of any juvenile or minor, and after due
notice as prescribed herein, there shall arise a rebuttable presumption
that the juvenile's parent(s) has failed to exercise parental responsibility,
control and supervision of such juvenile delinquent, and for such
conduct the parent(s) shall be charged with a violation of this section
within the jurisdiction of the Municipal Court of the Township.
[1999 Code § 9.32.030]
The remedies and penalties provided elsewhere in this section
shall not be exclusive, nor shall they conflict with any of the laws
of the State of New Jersey, it being the express intention of this
section that the penalty and remedies set forth herein shall be cumulative
and in addition to any other penalties and remedies set forth in the
statutory laws of the State of New Jersey.
[1999 Code § 9.32.040]
Any parent who shall be convicted of violating the terms of this section in the Municipal Court of the Township shall be liable to the penalty stated in Chapter I, Section
1-5.
[1999 Code § 10.06.010]
As used in this section:
MOBILE TELEPHONE
Means and includes but not limited to cellular, analog, wireless
and digital telephones.
PARK
Means for an automatic transmission vehicle that the vehicle
is in the park gear, for a standard transmission that the vehicle
is in the neutral gear and the brake is being utilized or the vehicle
is otherwise stationary.
USE
Means to use a mobile telephone in dialing; answering; talking;
listening.
[1999 Code § 10.06.020]
It is the purpose of this section and the policy of the Municipality
to regulate the use of mobile telephones by persons operating motor
vehicles in order to protect other persons within the Municipality.
This section shall be liberally construed and applied to promote its
purposes and policy.
[1999 Code § 10.06.040]
Editor's Note: See also N.J.S.A. 39:4-97.3.
a. Restrictions. No person shall operate a motor vehicle on any street
or highway while engaging in any conduct defined as the "use" of a
mobile telephone unless the operator is using a mobile telephone with
"hands-free" technology for dialing, answering, talking and listening.
b. Permitted Uses. Notwithstanding anything contained in this section
to the contrary, this section shall not be construed to prohibit the
use of mobile telephones by:
1. Any law enforcement, public safety or Police Officers, emergency
management officials, first aid, emergency medical technicians and
personnel, and fire safety officers in the performance of duties arising
out of and in the course of their employment as such.
2. A person who is using the mobile telephone to contact public safety
forces; or
3. That while maintaining the vehicle in the parked position either
on public or private property, or with a "hands free device" which
allows the operator to maintain both hands on the applicable steering
device while using the mobile phone.
[1999 Code § 10.06.050]
Violations of any provision of this section shall, upon conviction,
be punishable by a fine not to exceed two hundred fifty ($250.00)
dollars.
[1999 Code § 10.04.030]
Any person who is convicted of a moving violation under the
motor vehicle laws of the State of New Jersey, Title 39, or operates
a motor vehicle which is involved in an automobile accident, who is
also found to have been operating a hand-held cellular telephone during
the commission of said moving violation or automobile accident shall
be subject to a penalty of up to two hundred ($200.00) dollars. The
imposition of said penalty shall be separate and in addition to any
punishment or penalty imposed for the violation of the motor vehicle
laws.
[1999 Code § 9.28.010; Ord. No.
O.1710-2009§ 1; Ord. No.
O.1940-2016]
a. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the Drug-Free School Zone Map produced on or about January 1, 1984,
as amended on July 6, 2016 by the Township Engineer, is approved and
adopted as an official finding and record of the location and areas
within the Municipality of property which is used for school purposes
and which is owned by or leased to any elementary or secondary school
or school board and of the areas on or within one thousand (1,000)
feet of such school property.
b. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.l,
the Drug Zone Radius Map, produced on or about September 1, 1998,
as amended on July 6, 2016, by the Township Engineer is approved and
adopted as an official finding and record of the location and areas
within the Municipality of property which comprises a public park,
public housing facility, or public library or museum, and of the areas
on or within five hundred (500) feet of such public park, public housing
facility, or public library or museum.
[1999 Code § 9.28.020]
The Drug-Free School Zone Map and Drug Zone Radius Map, approved and adopted pursuant to subsection
10-18.1 shall continue to constitute an official finding and record as to:
a. The location and boundaries of areas on or within one thousand (1,000)
feet of property owned by or leased to any elementary or secondary
school or school board which is used for school purposes;
b. The location and boundaries of areas on or within five hundred (500)
feet of property comprising a public park, public housing facility,
public library or museum, until such time, if any, that this section
shall be amended to reflect any additions or deletions with respect
to the location of school property, public parks, public housing facilities,
or public libraries and museums, and drug-free zones.
[1999 Code § 9.28.030]
In the case of any changes or contemplated changes in the location
and boundaries of any property owned by or leased to any elementary
or secondary school and which is used for school purposes, or any
property which comprises a public park, public housing facility or
public library or museum, the following are hereby directed and shall
have the continuing obligation to promptly notify the Township Engineer
and the Director of Law.
a. The School Board for all public school property;
b. Chief administrative officer for any private or parochial schools;
c. The Director of the Department of Parks and Recreation for any public
parks;
d. The Board of Trustees of the Free Public Library for the public libraries
of the Township;
e. The Edison Housing Authority for any properties comprising public
housing facilities.
[1999 Code § 9.28.040]
The Municipal Clerk of the Township, is directed to receive and to keep on file the original of the maps approved and adopted pursuant to subsection
10-18.1 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 maps approved and adopted herein and kept on file. It is further directed that a true copy of such maps and of this section shall be provided without cost to the Clerk of Middlesex County and to the offices of the Middlesex County Prosecutor.
[1999 Code § 9.28.050]
The following additional matters are determined, declared, recited
and restated:
a. It is understood that the maps, which were approved and adopted pursuant to subsection
10-18.1 were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such maps shall constitute prima facie evidence of the following:
1. The location of elementary and secondary schools within the Municipality;
2. The boundaries of the real property which is owned by or leased to
such schools or a school board;
3. That such school property is and continues to be used for school
purposes;
4. The location and boundaries of areas which are on or within one thousand
(1,000) feet of such school property;
5. The location of public housing facilities, public parks, and public
libraries or museums within the Municipality;
6. That such property comprises and continues to comprise of public
housing facilities, public parks and public library or museums;
7. The location and boundaries of areas which are on or within five
hundred (500) feet of such public housing facility, public park or
public library or museum.
b.
1. All
of the property depicted on the Drug-Free School Zone Map approved
and adopted herein as school property was owned by a school or school
board and was being used for school purposes as of July 9, 1987, that
being the effective date of N.J.S.A. 2C:35-7
2. All of the property depicted on the Drug-Zone Radius Map approved
and adopted herein as property comprised of a public housing facility,
public park, or public library or museum, was used for such purposes
on January 8, 1998, that being the effective date of N.J.S.A. 2C:35-7.1.
c. Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the ones approved and adopted pursuant to subsection
10-18.1. The failure of the maps approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or which comprises a public housing facility, public park or public library or museum, 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 used for school purposes, public housing facilities, public parks or public libraries or museums.
d. All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a Drug-Free School Zone
and Drug Zone Radius Map, respectively, have been complied with.
[1999 Code § 9.36.010]
The discharge of any firearms, crossbow, slingshot, air gun,
spring gun, gas gun or weapon of any other kind, nature and description
shall be and hereby is prohibited except upon a licensed pistol, rifle
or firearm range and under the supervision of the Police Department
of the Township.
[1999 Code § 9.36.020]
The provisions of this section shall not apply to the members
of the Edison Township Police Department nor to any other duly appointed
governmental law enforcing officer while acting in the line of duty.
[1999 Code § 9.36.030]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter I, Section
1-5.
[1999 Code § 10.44.010]
As used in this section:
BICYCLE
Means a vehicle propelled solely by human power through a
chain belt or gears that has at least one (1) wheel more than fourteen
(14) inches in diameter.
EARPHONES
Means any headset, radio, tape player, or other similar device
which is designed to provide the listener with radio programs, music,
or other recorded information through a device which covers all or
a portion of both ears.
LANE
Means the portion of roadway used for the movement of a single
line of vehicles. Unless otherwise indicated by traffic control devices
every undivided roadway on which lanes are not marked or on which
the only pavement marking is a centerline shall be deemed to be a
two-lane street with one (1) lane open for vehicular travel in each
direction separated by the centerline. The marked or unmarked portion
of a street on which parking is permitted is not a separate lane for
vehicular travel but is a parking lane.
PATH
Means a way publicly maintained that has been designated
for use by bicycles only or by bicycles and pedestrians by a traffic
control device or other sign or by regulation and that is separated
from the roadway for other vehicular traffic by open space, a curb
or another barrier.
SAFE, SAFELY and IN SAFETY
Means: a. without hazard to person or property; b. without
in any way interfering with, impeding, hindering, obstructing or taking
the right-of-way from any other vehicle or pedestrian; c. in an attentive,
careful, and prudent manner; and d. at a speed such that recovery
from errors in judgment is possible.
[1999 Code § 10.44.020]
Every person driving a bicycle has all of the rights and duties
applicable to the driver of any other vehicle under this title except
as modified by this section.
[1999 Code § 10.44.030]
a. No person driving a bicycle shall ride other than astride a permanent
and regular seat attached thereto.
b. No bicycle shall be used by either the driver or any passenger to
carry more persons than the number for which it is designed or equipped.
c. An adult riding on a bicycle may carry a child securely attached
to the person in a backpack or sling.
[1999 Code § 10.44.040]
Every person driving a bicycle shall keep at least one (1) hand
on the handlebars at all times and shall not carry any package, bundle
or article that obstructs the driver's vision or prevents the use
of both hands in the control and operation of the bicycle.
[1999 Code § 10.44.050]
Every person driving a bicycle upon a roadway at a speed so
slow as to impede or block the normal and legal forward movement of
traffic proceeding immediately behind such bicycle shall drive within
the right four (4) feet of the right-hand through lane of the roadway,
except under any of the following conditions:
a. When driving in a bike lane;
b. When preparing for a left turn;
c. When reasonably necessary for safety because of debris or other obstruction
on or a defect in the surface of the pavement, but the bicyclist shall
continue to drive as close to the right side of the roadway as is
practicable;
d. When overtaking and passing on the left of another vehicle; and
e. On a one-way street, when driving in the left four (4) feet of the
left-hand through lane.
A bicycle may be driven on a paved shoulder if such driving
does not violate any section of this chapter for passing or direction
of travel.
[1999 Code § 10.44.060]
Persons driving bicycles across a roadway upon and along a crosswalk
from a sidewalk or path have all the duties applicable to pedestrians
under the same circumstances and similarly have such rights, but only
if the approach and entry into the roadway are made at a speed no
greater than an ordinary walk so that other drivers may anticipate
the necessity to yield when required.
[1999 Code § 10.44.070]
No person shall drive a bicycle upon a path adjacent to more
than one (1) other bicycle.
[1999 Code § 10.44.080]
a. The driver of a bicycle turning left may approach the turn anywhere
within any separate left turn lane and may finish the turn by moving
to the right lane as soon as it can be done in safety.
b. In addition to any other method specified in this chapter, the driver
of a bicycle may make a left turn by crossing the intersection as
close as practicable to the right-hand curbline to the far curb and
then turning left to proceed in the proper position on the other roadway.
[1999 Code § 10.44.090]
The driver of a bicycle is excepted from giving the hand and
arm signal continuously if the hand is needed in the control or operation
of the bicycle, but it shall be given for a substantial period while
stopped waiting to turn. The driver of a bicycle may signal a right
turn by extending the right hand and arm horizontally.
[1999 Code § 10.44.100]
a. A person driving a bicycle on a sidewalk, a crosswalk, or a path
shall yield the right-of-way to any pedestrian and shall give an audible
signal before overtaking and passing any pedestrian.
b. If any traffic control device is in place alongside of or on a sidewalk
or a path, no driver of a bicycle or pedestrian shall fail to obey
the requirements of the device.
[1999 Code § 10.44.110]
a. No person shall drive a bicycle or use a skateboard, rollerblade,
or rollerski upon and along a sidewalk except upon sidewalks designated
as paths.
b. No person shall drive a bicycle upon and along a sidewalk where such
use is prohibited by a traffic control device.
[1999 Code § 10.44.120]
a. No person shall drive a bicycle between sunset and sunrise unless
it is equipped with a red rear reflector mounted on the bicycle so
located and or sufficient size and reflectivity to be visible for
five hundred (500) feet to the rear when directly in front of lawful
lower beams of headlamps on a motor vehicle.
b. No person shall drive a bicycle between sunset and sunrise or at
any other time when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles are not clearly discernible at a
distance of one thousand (1,000) feet ahead, unless it is equipped
with a lamp mounted on the front of the bicycle and emitting a white
light visible from a distance of at least five hundred (500) feet
to the front.
[1999 Code § 10.44.130]
No person shall drive a bicycle unless it is equipped with a
brake system which will enable its driver to stop the bicycle within
twenty-five (25) feet from a speed of ten miles per hour on dry, level,
clean pavement.
[1999 Code § 10.44.140]
No pedestrian or bicyclist shall suddenly leave a curb or other
place of safety and walk, run, or drive into the path of a moving
vehicle that is both so close as to constitute an immediate hazard
and is not required to stop or yield by a traffic control sign or
signal.
[1999 Code § 10.44.150]
No person shall engage with another bicyclist or person driving
any other vehicle in any bicycle race, speed, or acceleration contest,
or exhibition of speed or acceleration on a street, a sidewalk or
a path except as authorized by the Municipality through an approved
and coordinated event specifically permitting controlled, organized
and safe bicycle racing and/or similar activity.
[1999 Code § 10.44.160]
a. No person shall park a bicycle in such a way as to:
1. Cause an obstruction to or impede the flow of traffic or of pedestrians
on public or private sidewalks;
2. Hinder or restrict access to handrails or ramps;
3. Lock the bicycle to a tree or fire hydrant;
4. Park on a roadway except in an area designated for bicycle parking;
or
5. Leave the bicycle locked to a pole or post owned or leased by a public
authority.
b. Persons stopping or parking bicycles shall obey all the provisions
of this chapter regulating those activities on roadways, but are exempt
from other provisions of this chapter unless specifically mentioned,
notwithstanding their status as vehicles.
[1999 Code § 10.44.170]
No person shall drive a vehicle while wearing earphones.
[1999 Code § 10.44.180]
Any person, firm or corporation violating any provisions of
this section, or any supplement to, shall, upon conviction, be punished
by a fine not to exceed two hundred ($200.00) dollars or imprisonment
for a term not exceeding ten (10) days, or both at the discretion
of the court.
[1999 Code § 10.08.060]
No omnibus, motor home, house trailer, camping trailer, boat
trailer, utility trailer, construction equipment shall be parked on
any street in any residential zone within the Township between the
hours of 10:00 p.m. and 7:00 a.m., regardless of their weight.
Editor's Note: See also Traffic, Chapter VII.
[1999 Code § 10.08.025]
No person shall park any vehicle at any time upon any street
or municipal parking lot for the purpose of:
a. Displaying such vehicle for sale; or
b. Cleaning, greasing or repairing such vehicle, except repairs necessitated
by an emergency.
[1999 Code § 10.36.010; Ord. No.
O.1709-2009§ I]
As used in this section:
ABANDONED VEHICLE
Means a vehicle which is left or has remained on or along
any highway, other than a limited access highway, or other public
property or on private property without the consent of the owner or
other person in charge of the private property. A vehicle which has
remained on or along any highway or other public property or on private
property without such consent for a period of more than forty-eight
(48) hours or for any period without current license plates shall
be considered to be an abandoned motor vehicle.
IMPOUND
Means any vehicle or property taken into police custody
PERSON
Means any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind or description.
PROPERTY
Means any real property within the Township which is not
on a public street or highway.
STREET or HIGHWAY
Means the entire width between the curbs or boundary lines
of every way publicly maintained when any part thereof is open to
the use of the public for purposes of vehicular traffic.
[1999 Code § 10.36.020; Ord. No.
O.1709-2009§ I]
No person shall abandon any vehicle within the Township, and
no person shall leave any vehicle at any place within the Township
for such period of time and under such circumstances as to cause such
vehicle to reasonably appear to have been abandoned. The abandonment
of any such vehicle is in direct violation of this section.
[1999 Code § 10.36.030; Ord. No.
O.1709-2009§ I]
a. The only exceptions to the maximum forty-eight (48) hour period in
which a vehicle may remain stationary in excess of forty-eight (48)
hours and, as a result, not be considered an abandoned vehicle, is
when (i) the vehicle is awaiting or undergoing repair at a garage
or place of business actually and actively engaged in the business
of repairing vehicles or (ii) if the vehicle is enclosed in a garage,
warehouse or other suitable building or on the premises of a private
residence where the lawful owner of that vehicle is actively engaged
in the repair of his or her own vehicle on property either owned or
leased by the owner of the vehicle or in which the person resides
or is actively employed or (iii) The vehicle is used or is to be used
in the construction, operation or maintenance of a public utility
facility and which is left in a manner which does not interfere with
the normal movement of traffic.
b. Any vehicle considered to be abandoned shall be removed to the Edison Township's Division of Police's Impound Lot by the Township's towing contractor. Fees shall be in accordance with the provisions of Chapter XI, Section
11-28, Towing Regulations. In addition, the Township shall charge the owner of any abandoned vehicle an administrative fee of thirty-five ($35.00) dollars for the release of said vehicle.
c. When overnight security is deemed necessary to guard a vehicle which
may pose a threat to the health, safety and welfare of the public
and the security deemed necessary is beyond that normally provided,
an additional charge of fifty ($50.00) dollars per hour may be charged,
provided that the maximum security charge shall not exceed two hundred
fifty ($250.00) dollars per night.
[1999 Code § 10.36.040; Ord. No.
O.17092009 § I]
The Township of Edison shall maintain a vehicle known as a "wrecker."
This vehicle shall be capable of picking up and moving vehicles within
the confines of the Edison Township Division of Police impound yard.
The wrecker shall be used to move and place vehicles within the impound
yard and/or any other location deemed necessary by the police department,
in order to support the safe and efficient operation of the Edison
Division of Police's impound yard.
[1999 Code § 10.36.050; Ord. No.
O.1709-2009§ I]
a. The Department of Edison Division of Police shall cause to be created
an impoundment area or areas to hold the vehicles removed by it until
they can be disposed of in accordance with applicable statutes of
the State of New Jersey. A cyclone fence shall enclose the aforesaid
impounding area or areas or fencing of any other suitable character
so as to reasonably preclude theft, pilferage or further damage to
such abandoned vehicles.
b. Inasmuch as the bailment of impounded vehicles is for the sole benefit
of the public at large, absolutely no liability shall attach to or
evolve upon the Township to owners or prior owners of such vehicles,
or anyone else.
[Ord. No. O.1709-2009§ I]
a. An employee in the Township of Edison Division of Police shall be
assigned to investigate the last title owner of the junked or abandoned
vehicle to attempt to uncover the person responsible for the abandonment
of each vehicle and to prosecute all culpable persons for any violation
of the State Motor Vehicle Act or this section. The Edison Division
of Police shall be responsible, in accordance with the applicable
State Statutes, for the sale or disposition of the impounded vehicles
N.J.S.A. 39:10A-1 et al. hereinafter referred to as the "Claiming
Abandoned Vehicles Act."
b. At any time prior to sale the owner or other person entitled thereto
may reclaim possession of the motor vehicle upon payment of the reasonable
costs of removal and storage of the vehicle and any fine or penalty
and court costs against him for a violation which gave rise to the
seizure or taking possession of such vehicle.
c. The Township of Edison Division of Police shall, at its sole judgment
and uncontrolled discretion, arrange for public sale of any vehicle
which, has been the subject of impoundment
or when the owner has failed to receive it. Such public sale shall
be in accordance with the Claiming Abandoned Vehicles Act.
d. The Township of Edison will not sell any vehicle without having first
received the proper authorization for the sale as required by the
Motor Vehicle Commission in accordance with the Claiming Abandoned
Vehicles Act.
e. The proceeds from the sale of each vehicle shall be applied to the
payment of any towing and storage charges due to the appropriate official
tower pertaining to the vehicle sold. Any surplus funds per each vehicle
shall be disposed of in accordance with the Claiming Abandoned Vehicles
Act. If the proceeds from such sale of a vehicle are insufficient
to pay the accrued towing or service charges for that vehicle, the
official tower agrees that there shall be no farther liability of
the Township of Edison to pay same and any excess amounts which may
be due shall be waived.
[1999 Code § 10.36.070; Ord. No.
O.1709-2009§ I]
Whenever any junked, wrecked or abandoned vehicle is found on
private property, any private citizen, Health Officer, member of the
Division of Police or Division of Fire or employee of the Zoning Office
may cause the Zoning Officer to issue a five-day notice to the assessed
owner of the private property to have the junked, wrecked or abandoned
vehicle removed from the property in question by private means. If,
after five (5) days' notice, the assessed owner of the property fails
to have the offensive vehicle removed, a complaint shall be made in
the Municipal Court for violation of this section.
[N.J.S.A. 39:4-56.5; Ord. No. O.1709-2009§ I]
Any person who violates this section shall, upon conviction,
be subject for the first offense to a fine of not less than one hundred
($100.00) dollars nor more than five hundred ($500.00) dollars and
his license or driving privilege may be suspended or revoked for not
more than two (2) years. For any subsequent violation he shall be
subject to a fine of not less than five hundred ($500.00) dollars
nor more than one thousand ($1,000.00) dollars and his license or
driving privilege be suspended or revoked for a period of not more
than five (5) years.
[Ord. No. O.1971-2017]
The Township of Edison hereby establishes an "Online Exchange
Zone" for conducting in-person private transactions which involve
a Township resident, which has been facilitated through online marketplaces,
to be located in the lobby of the Township Public Safety Complex,
twenty-four (24) hours a day, seven (7) days per week.
a. The sale or transfer of items at the Township Public Safety Complex
shall be legal items only;
b. Private exchange of motor vehicles and/or weapons shall not be permitted;
c. The Township will not provide police personnel or staff to witness
any transaction, but the proximity of video surveillance and police
personnel is meant to increase the public's peace of mind when engaging
in such transactions with unfamiliar individuals in the Online Exchange
Zone;
d. The Township makes no guarantees, assurances or promises with respect
to the condition or authenticity of any items exchanged between private
parties, or as to the safety or security of any in-person transactions
that may take place on Township property;
e. While it is the Township's intent that the Township Public Safety
Complex lobby be available twenty-four (24) hours a day, seven (7)
days per week for the exchange of legal items, the Township makes
non guarantees, assurances or promises as to availability of the Online
Exchange Zone at any particular date or time;
f. The Township encourages all persons to bring a cell phone in case
of emergency, to notify friends and/or family of the intention to
meet to conduct such a transaction, and to reconsider any transaction
with someone who refuses to meet at the Township Public Safety Complex
lobby;
g. Any individual in violation of this section shall be subject to the general penalties established in Chapter
1, Section
1-5 of the Township Code of General Ordinances, and/or any other State or Federal law(s), as applicable.