[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]
[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]
[1999 Code § 9.08.110A, B]
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.
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]
[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.
- CONTEMPORARY COMMUNITY STANDARD
- Means the majority view as expressed through the Municipal Council within the confines of the Township.
- 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.
- 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.
- 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.
- 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
- SPECIFIED SEXUAL ACTIVITY
- 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 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:
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;
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;
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.
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.
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]
Proceedings for alleged violations of this section or any of its subsections shall be prosecuted in the Municipal Court of Edison Township.
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.
[1999 Code § 9.12.010]
No person shall:
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;
Drive any vehicle over or upon the closed portion of any highway;
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]
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.
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:
- 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.
- 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.
- 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.
- Means the owner of record of the property as set forth in the records of the Tax Assessor for the Township of Edison.
- 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:
- 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.
- Means Township of Edison, New Jersey.
[1999 Code § 9.16.020]
The following acts are prohibited:
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.
It is unlawful to aid anyone in defacing public or private property.
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]
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.
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]
The occupant, lease, agent and/or landlord of any commercial premises which has any form of graffiti on any building or structure, shall be required to either restore the defaced surface by removing the graffiti or repaint the defaced surface within ten (10) business days after notice to the occupant, lease, agent/or landlord by the Chief of Police or his/her designee to remove same.
[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]
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.
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]
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.
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.
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.
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:
[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:
[1999 Code § 9-17.030]
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.
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]
[1999 Code § 9.34.010]
As used in this section:
- Means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- 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]
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.
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:
- 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.
- Means any person who has not yet attained his or her eighteenth birthday.
- 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]
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.
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.
- 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.
- 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.
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.
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:
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.
A person who is using the mobile telephone to contact public safety forces; or
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]
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.
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:
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;
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.
The School Board for all public school property;
Chief administrative officer for any private or parochial schools;
The Director of the Department of Parks and Recreation for any public parks;
The Board of Trustees of the Free Public Library for the public libraries of the Township;
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:
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:
The location of elementary and secondary schools within the Municipality;
The boundaries of the real property which is owned by or leased to such schools or a school board;
That such school property is and continues to be used for school purposes;
The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property;
The location of public housing facilities, public parks, and public libraries or museums within the Municipality;
That such property comprises and continues to comprise of public housing facilities, public parks and public library or museums;
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.
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
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.
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.
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:
- 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.
- 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.
- 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.
- 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]
No person driving a bicycle shall ride other than astride a permanent and regular seat attached thereto.
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.
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:
When driving in a bike lane;
When preparing for a left turn;
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;
When overtaking and passing on the left of another vehicle; and
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]
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.
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 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.
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]
[1999 Code § 10.44.120]
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.
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]
No person shall park a bicycle in such a way as to:
Cause an obstruction to or impede the flow of traffic or of pedestrians on public or private sidewalks;
Hinder or restrict access to handrails or ramps;
Lock the bicycle to a tree or fire hydrant;
Park on a roadway except in an area designated for bicycle parking; or
Leave the bicycle locked to a pole or post owned or leased by a public authority.
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:
[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.
- Means any vehicle or property taken into police custody
- Means any person, firm, partnership, association, corporation, company, organization or legal entity of any kind or description.
- 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]
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.
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.
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]
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.
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]
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."
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.
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.
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.
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.
The sale or transfer of items at the Township Public Safety Complex shall be legal items only;
Private exchange of motor vehicles and/or weapons shall not be permitted;
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;
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;
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;
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;