Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[New; N.J.S.A. 40:49-5; Ord. #1289, S1]
Any person who is convicted for violating any provision of this chapter, or the provisions of any other chapter of these Revised General Ordinances or any other ordinance of the borough for which no penalty is specified, shall be subject to one (1) or more of the following: a fine of not more than one thousand two hundred fifty ($1,250.00) dollars, imprisonment for any term not exceeding ninety (90) days, and/or a period of community service not exceeding ninety (90) days, unless a different penalty is stated in the chapter hereof or the ordinance.
[New]
Except as otherwise provided every day in which a violation of any provisions of this chapter or any other ordinance of the borough exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[New; N.J.S.A. 40:49-5]
The governing body may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars.
[Ord. 4/10/24, S1-16; New; Ord. #1277, S1; Ord. #1378, S1; Ord. #1452]
Any person who, with the intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, commits any of the following acts shall be deemed to have committed the offense of disorderly conduct:
a. 
Public Urination or Defecation Policy. No person shall urinate or defecate in any public place or street. For purposes of this section, the term "public place" shall be deemed to include public parks; any school property of the Bogota school system; any place or property that the Board of Education of the Borough has under its supervision; control or management; the quasi-public area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business and shall include also any parking lot or other vacant private property not owned by or under the domain of the person charged with a violation of this paragraph.
b. 
(Reserved)
c. 
(Reserved)
d. 
Interferes with the orderly proceedings of any municipal court or uses any offensive or abusive language to any judge holding any municipal court concerning the conduct or result of any proceeding in the court.
e. 
Interrupts or disturbs any religious service, any meeting or assembly, or the exercises of any school.
f. 
(Reserved)
g. 
(Reserved)
h. 
Solicits within the limits of the borough gifts of money, clothing or other thing for his own use, or the use of others, without permission from the proper borough authority.
i. 
(Reserved)
j. 
(Reserved)
k. 
(Reserved)
l. 
Fastens any electric wires or radio aerials on any of the shade trees within the borough without first obtaining proper consent therefor, or climbs any shade tree located upon any of the streets, walks or public places by the use of spurs.
m. 
Expectorates upon the sidewalks or upon the sides, walls, floors or platforms of any building or any public vehicle.
n. 
Plays any musical instrument in any of the streets or public places between the hours of 9:00 p.m. and 8:00 a.m. of any day except upon the consent of the proper borough authority.
Editor's Note: Former subsection 3-2.2, Loitering, previously codified herein and containing portions of Ordinance No. 1277, was repealed in its entirety by Ordinance No. 1378.
[Ord. 4/11/57, S1]
Whenever it is deemed, by the mayor and council, necessary and expedient for the preservation of the public safety that any brush, hedges, or other plant life growing within ten (10) feet of any street or within twenty-five (25) feet of the intersection of two (2) streets be cut to a height of not more than two and a half (2-1/2) feet, the mayor and council shall send notice to the owner or tenant of the lands upon which such brush, hedges or other plant life shall be situated to cut such brush, hedges or other plant life.
[Ord. 4/11/57, S2, 3]
The notice shall state to the owner or tenant that he shall cut the brush, hedges or plant life within ten (10) days of the receipt thereof or, in the event of his refusal or neglect to do the same in said period, the brush, hedges or other plant life shall be cut by municipal employees and the costs thereof shall be charged against the lands and become a lien thereon in the manner hereafter set forth in subsection 3-3.3.
Such notice shall be served upon the owner or tenant either personally or by leaving a copy thereof at his usual place of abode with some member of his household over the age of fourteen (14); or, in the case of a non-resident owner, by registered letter sent to such address as may be listed on the most recent tax roll in the office of the tax collector.
[Ord. 4/11/57, S4]
In all cases where brush, hedges or other plant life are cut from any lands within the limits of the borough by or under the direction of the aforesaid officer, pursuant to the provisions of this section, such officer shall certify the costs thereof to the mayor and council which shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charged against these lands, or, in the event that such cost is excessive, to cause the reasonable cost thereof to be charged against these lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. 3/31/49, S1]
The owner or tenant of any lands or premises lying in the borough whenever notified in the manner as herein provided, shall remove from such lands or premises all brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within ten (10) days after notice to remove the same.
[Ord. 3/31/49, S2]
The notice shall be by personal service upon or by registered mail directed to the last known address of such owner or tenant. This notice shall be given at the direction of the borough council whenever it shall be deemed necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard or hazards.
[Ord. 3/31/49, S3]
Whenever any owner or tenant of lands or premises shall refuse or neglect to comply with the notice within ten (10) days after service of the same upon him or the receipt thereof, such brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, may be removed by order of the borough council. The actual removal thereof shall be under the direction of the superintendent of streets of the borough, who shall certify the cost thereof, in writing, to the borough council.
[Ord. 3/31/49, S4]
Upon the receipt of such certificate of cost, as mentioned in subsection 3-4.3, the borough council shall examine the same and if such cost shall be found to be correct, the borough council shall charge the same against the lands from which the removal was made. The amount so charged shall forthwith become a lien upon such land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the tax collector in the same manner as taxes.
Editor's Note: Prior ordinance history includes portions of Ordinance 4/28/14.
[Ord. #1117, S1; Ord. No. 1485]
a. 
The owner or tenant in possession of lands abutting or bordering upon the sidewalks and gutters of the streets within the borough limits shall remove or cause to be removed all ice and snow from all such sidewalks within eighteen (18) hours after such snow or ice shall have fallen or accumulated.
b. 
Every owner of real property on which there has been constructed a multiple dwelling of three (3) or more residential units shall remove or cause the removal of all snow and ice from all streets, lanes, alleys, driveways, roadways, parking areas, sidewalks, walkways, steps, and stairs located on such property that are open to the public, to which the public is invited, or which are designated for common use by the occupants or tenants within eighteen (18) hours after such snow or ice shall have fallen or accumulated.
c. 
Every owner or tenant of real property, improved or unimproved, used, or zoned for commercial, business, religious, professional, or office use shall remove or cause to be removed all snow and ice from all streets, lanes, alleys, driveways, roadways, parking areas, sidewalks, walkways, steps and stairs located on said property that are open to the public, or to which the public is invited, within eighteen (18) hours after such snow or ice shall fall or have accumulated.
d. 
If snow or ice may be frozen or impacted as to make removal impractical in the judgment of the subcode official, borough superintendent of public works, or members of the regular Bogota Police Department, the owner shall forthwith cause said snow and ice to be covered with clean sand, ashes, sawdust, rock salt, or similar material, thoroughly covering all sidewalks, walkways, steps, and stairs located on said property as hereinabove set forth, within six (6) hours of daylight after the accumulation of such snow or ice.
e. 
No person shall deposit or cause to be deposited any snow or ice upon any public sidewalk, street, or publicly owned parking facility in any manner that may obstruct or impede vehicular or pedestrian traffic.
f. 
No person shall deposit or cause to be deposited any snow or ice that has accumulated on any sidewalk or within the boundaries of private property upon any public sidewalk, street, or publicly owned parking facility.
g. 
The owner of any real property abutting any fire hydrant shall clear such fire hydrant of snow, within twenty-four (24) hours of snow coverage. Failure to clear such fire hydrant shall be a violation pursuant to subsection 3-5.3 below with a fine in an amount not to exceed seventy-five ($75.00) dollars.
[Ord. No. 1485]
[Ord. #1117, S1]
All grass, weeds, or growth of any kind that may have grown between the curbline and the line of the sidewalk of any street, or within the inside line of sidewalk and property line shall be kept below the height of four (4) inches from the ground, and shall be cut to that length within three (3) days of notice to cut same.
[Ord. #1117, S2]
The penalty for the violations hereof shall be as established in section 3-1; or at the option of the council, upon refusal or neglect of such owner or tenant to remove such snow or ice, grass, or weeds within the time provided, the same may be removed by the borough under the direction of the superintendent of the department of public works, or other person or officer having charge of the streets, and the cost thereof collected in a manner hereinafter provided.
[Ord. #1117, S3]
In the case of the removal of snow and ice, grass, or weeds by the borough, the cost and expenses incurred shall be certified to the borough council by the superintendent of the borough department of public works. Thereafter, the borough council shall examine such certificate and, if found to be correct, shall cause the cost of such removal to be billed to the owner of the property or premises involved. The owner shall thereafter have thirty (30) days in which to pay such bill or costs. If the owner shall fail to pay the amount due within the thirty (30) day period, the cost shall be charged against such property or premises and be added to and be a part of the taxes next levied and assessed thereon and enforced and collected with interest by the borough officers charged with the collection of taxes and in the same manner as the assessment and levying of other taxes. The provisions of this section shall not relieve any person from any penalty otherwise imposed under subsection 3-5.3.
[Ord. #1117, S4]
The building subcode official, the borough superintendent of public works, and members of the Bogota Police Department are deemed and designated as the principal enforcement officials responsible for the enforcement of this section.
[Ord. 7/24/58, S1]
It shall be unlawful for any person to abandon any vehicle on lands of another whether publicly or privately owned in the borough.
[Ord. 7/24/58, S2]
A vehicle shall be deemed to be abandoned within the meaning of this section if the vehicle is permitted to remain on any public lands or on any private lands without the consent of the owner thereof for a period in excess of twenty-four (24) hours either without a current registration thereon or with the registration of the vehicle removed therefrom.
[Ord. 724/58, S3]
Upon notification to the owner of any abandonment as hereinabove defined, the owner shall within twenty-four (24) hours of the notification of the abandonment, promptly remove the vehicle from the land where same has been abandoned, or in default thereof, the police department of the borough shall cause the vehicle to be towed to some suitable spot at the expense of the owner of the vehicle and the owner of the vehicle shall be charged a storage fee for each day that the vehicle shall remain in storage.
[Ord. 7/24/58, S4]
Any person causing any vehicle to be abandoned in violation of the provisions of this section shall be subject to a penalty as established in section 3-1.
[Ord. 1/27/66, S1]
It shall be unlawful for any person to keep, store or maintain an abandoned or junked motor vehicle in the Borough of Bogota, except in an enclosed garage.
[Ord. 1/27/66, S2]
As used in this section:
a. 
Person shall mean and includes a natural being, partnership, firm and corporation.
b. 
Abandoned motor vehicle shall mean a motor vehicle designed for operation on public streets and ways which is not, and has not been for a period of ninety (90) days or more, currently registered with a governmental agency having jurisdiction to register the same.
c. 
Junked motor vehicle shall mean a motor vehicle which is not and has not been for a period of ninety (90) days or more, capable of operation on public streets and ways under its own power; and further means a vehicle, whether or not so operable, which is kept and maintained for the purpose of stripping or removing parts therefrom.
d. 
Enclosed garage shall mean a building or structure having no means of vehicle ingress or egress other than through an operable door.
[Ord. 1/27/66, S3]
A motor vehicle which conforms to the definitions of, respectively, subsection 3-7.2b or c shall be presumed abandoned or junked, as the case may be, subject to rebuttal upon due proof of contrary intentions.
[Ord. 1/27/66, S4]
Any person violating a prohibition of this section shall be liable to the penalty in Section 3-1.
[New]
No person shall:
a. 
Operate, ride or propel a bicycle on any public sidewalk in the borough.
b. 
Operate, ride or propel a bicycle upon any street of the borough between half an hour after sunset and half an hour before sunrise without a light displayed in the front and rear of such bicycle.
c. 
Ride, operate or propel a bicycle abreast of more than one other person riding or propelling a bicycle;
d. 
Carry large or bulky packages or articles of such size or dimensions as would be likely to cause property damage or personal injuries.
e. 
Ride, operate or propel a bicycle on icy pavements.
f. 
Leave a bicycle upon the sidewalk or street or any other public place in any manner which will hinder or impede pedestrians or vehicular traffic.
[New]
Any person who shall ride, propel or operate a bicycle as aforesaid, shall turn only at street intersections, signal for all turns, ride on the right-hand side of the street or highway, pass to the left when passing overtaken vehicles, and stop at stop signs or signals.
[New]
Any violation of this section shall be punishable by a fine not exceeding ten ($10.00) dollars at the discretion of the court.
[Ord. 11/27/41, S1; New]
No person shall ride, operate or propel a bicycle upon any street or other public place in the borough unless such bicycle has been licensed and bears a registration decal attached thereto as required by this section.
[Ord. 11/27/41; Ord. 8/14/52; New; Ord. #1317, S1]
An application for a license for a bicycle in the borough shall be made to the police department, by the owner thereof, upon a form approved by the borough council of the borough, and licenses and registration decals shall be issued by the police department as herein provided.
Upon the receipt of an application completely filled out, on a form as aforesaid, and after the investigation and approval of the police department, as provided in this section, a license shall be granted to the applicant, and a license or registration decal shall be provided by the department, which deal shall be attached to the frame of the bicycle in a conspicuous place. The removal of any such decal, except by authority of the police department shall be a violation of this section.
All licenses or registrations shall continue in force permanently, for the life of the bicycles and during the duration of ownership by the licensee.
[Ord. 11/27/41; New]
The registration card shall have a space for the name and address of the owner; the make and number of the bicycle; the number of the license decal issued; the date of expiration thereof, and the signature of the chief of police. A license or registration card shall not be transferable.
[Ord. 11/27/41, S4; New]
Before the issuance of a license, the application shall be examined by the police department, and the applicant shall furnish proof of ownership of the bicycle. Bicycles for which a license is sought shall be inspected as to mechanical condition and safety devices, and if found by the department to be in unsafe or poor condition, no license shall be granted therefor.
[Ord. 11/27/41, S5]
Any person violating any of the provisions of this section shall be subject to a fine not exceeding ten ($10.00) dollars for each violation.
[Added 10-3-2019 by Ord. No. 1533[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 3-10, Unnecessary Noise, adopted 6-10-1954, as amended.
It shall be the duty and responsibility of the Bogota Police Department to enforce the provisions of this section.
A violation of this section shall be cause for a summons and complaint to be issued forthwith.
In order to implement the purposes of this section, the Bogota Police Department shall have the following powers:
a. 
Studies. Conduct, or cause to be conducted, studies, research and monitoring related to noise.
b. 
Education. Conduct programs of public education regarding the causes and effects of noise, but not giving specific advice for its abatement, and to encourage the participation of public interest groups and related public information efforts.
Whereas excessive sound or noise is a nuisance to the public health, welfare, safety and quality of life, it shall be unlawful for any person, firm, partnership, corporation or their agents or employees to commit any of the following acts in such a manner that any noise or sound is produced that is plainly audible across any real property boundary line, or through individual dwelling units, between the hours of 10:00 p.m. to 7:00 a.m.:
a. 
Animals. The keeping of any animal (including dogs, cats or birds) which, by causing frequent or long-continued noise, shall disturb the comfort or repose of persons in the vicinity. The provisions of this subsection shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals.
b. 
Domestic power tools. The use of any domestic power tools, including, but not limited to, lawn mowers, chainsaws, edger tools, leaf blowers, sanders, grinders, etc.
c. 
Motorized vehicle repair. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat.
d. 
Radio, stereo, television set, musical instrument, phonograph and/or other device used for sound reproduction. The use of a radio, stereo, television set, musical instrument, phonograph or other machine or device used for the production or reproduction of sound, whether it is stationary, portable or in a motor vehicle. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air, provided that permission from the Borough has been previously granted.
e. 
Vehicle use. Using any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
f. 
Yelling, shouting and similar acts. Yelling, shouting or any other like noises at any place so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.
g. 
Other loud noise. Any other loud, obnoxious or unreasonable noise which disturbs the quiet and repose of anyone in the vicinity.
It shall be unlawful for any person to use loudspeakers for advertising purposes or for the purpose of attracting the attention of the passing public on the streets or public places of the Borough, or in any place where the sound therefrom is cast directly upon the streets or public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
Except as hereinafter provided, it shall be unlawful for any person, either as principal, agent or employee, to play, use or operate for advertising purposes, whatsoever, on or upon the public streets, alleys or thoroughfares in the Borough, any device known as a "sound truck," "loudspeaker" or "sound amplifier," or radio or phonograph with a loudspeaker or sound amplifier, or any other instrument known as a "calliope," or any instrument of any kind of character which emits therefrom loud and raucous noises and is attached to or upon any vehicle operated or standing upon any streets or public places aforementioned.
In times of emergency, such as (but not limited to) strikes, wars, fires, storms, floods, or epidemics, nothing contained in this section shall prohibit the use and operation by Borough officials and/or police and fire officers of sound trucks, loudspeakers or sound amplifiers in connection with the emergency situation.
a. 
Construction or repairing of buildings and landscaping or lawn service by contractors. The erection, excavation, demolition, alteration or repair of any building or structure and/or landscaping or lawn service noise is prohibited during the hours of 6:00 p.m. through 7:00 a.m.
Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans or otherwise similar objects between the hours of 6:00 p.m. and 7:00 a.m. the following day, in such a manner as to cause a noise disturbance, is prohibited.
Discharging into the open air the exhaust of any automobile, motorcycle, steam or other engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom, is prohibited and constitutes a violation of this section.
The sounding of any horn or signaling device on any motor vehicle on any public right-of-way, except as a danger warning signal or as provided in the Vehicle Code of the State of New Jersey. No person shall sound any horn, warning device or vehicle alarm of any automobile, motorcycle, bus or other vehicle that emits an unreasonably loud or harsh sound for an unnecessary or unreasonable period of time. For purposes of this section, "unreasonable period of time" shall be defined as any period of time exceeding 15 minutes.
a. 
Emergency exception. Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity, weather-related conditions or power outages shall not be subject to the provisions of this section. Nothing in this section shall be construed to prohibit law enforcement, ambulance, fire, or other emergency personnel, railroad or public utility personnel to make necessary noise in the performance of their duties in response to any emergent condition or public safety drill.
b. 
Public celebrations as well as activities in public parks, the Bogota Swim Club, playgrounds or public buildings under permission and authority of Borough officials and school-sponsored activities.
c. 
Any public utility, as defined in Title 48 of the Revised Statutes of New Jersey, or to any employees of such public utility when such public utility or its employees shall be engaged in performing work to prevent the threatened interruption of its services or to terminate the interruption of its services rendered to its customers, as well as emergency energy release devices.
d. 
Any work performed by the Bogota Department of Public Works or other employees working on behalf of the Borough.
e. 
Solid waste collection.
a. 
Any person, firm or corporation who shall be found guilty of violating any provision of this section shall, for each offense, be fined a sum of not more than $200 or be imprisoned in the county jail for a period not exceeding 30 days, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable.
b. 
Any person, firm or corporation who shall be found guilty of violating any provision of this section for a second time within a six-month period shall, for each offense, be fined a sum of not less than $200 and not more than $500 or be imprisoned in the county jail for a period not exceeding 90 days, or both.
The operation or maintenance of any noise source in violation of any provision of this section shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction or in any other manner available for the abatement of public nuisances.
a. 
Any remedy available pursuant to this section shall be considered separate and not exclusive of any other remedy available hereunder.
b. 
Nothing in this section shall be construed to impair any cause of action, or legal remedy therefor, of any person for injury or damage arising from any violation of this section.
[Ord. #1207, S1]
The following terms when used in this section shall be defined as follows:
a. 
Person shall mean any individual, corporation, sole proprietorship, partnership, limited liability company, or any other legal entity, association, or group of entities or individuals owning or operating property located in the Borough of Bogota.
b. 
Property shall mean real and/or personal property located in the Borough of Bogota.
[Ord. #1207, S1; Ord. #1284, S2]
The following specific acts or omissions, or the maintenance or allowance of any of the following conditions, are hereby declared to be, or to constitute, nuisances and are prohibited:
a. 
Any use of property of any kind by any person, which use is in a manner that is unnecessary and so unreason-able as to be injurious to other persons by the production or emission of odors, dust, smoke, soot, refuse matter, noise, vibration, or other similar conditions that are dangerous and/or injurious to the comfort, peace, enjoyment of property, health or safety of persons in the borough.
b. 
Any use of property of any kind resulting in the unnecessary and unreasonable emission of smoke, soot, dust, gasses, or fumes in sufficient quantities to cause injury to health or to cause actual discomfort to persons in the borough.
c. 
Any use of property of any kind maintaining or causing the maintenance or existence of any offensive matter, foul or noxious odors, soot, gasses or vapors, and all causes of disease, which are injurious to the health or cause actual discomfort to persons in the borough.
d. 
The parking or stopping of a train on any railroad right of way, siding, spur, or other track so as to block a grade crossing for any public street and/or any right-of-way or easement for pedestrian or vehicular access over or under any railroad right of way, siding, spur or other track in the borough.
e. 
The idling of a diesel locomotive on any railroad right of way, siding, spur, or other track, within one hundred (100) feet of any residential property in the borough for more than fifteen (15) minutes, when the ambient outdoor temperature exceeds forty-five (45) degrees Fahrenheit, and when the locomotive may be shut down or moved to another location that is not within one hundred (100) feet of any residential property in the borough.
f. 
The idling of any diesel locomotive on the CSX right of way, siding, spur, or other track, south of milepost 7, for more than fifteen (15) minutes, when the ambient outdoor temperature exceeds forty-five (45) degrees Fahrenheit, and when the locomotive may be shut down or moved to another location that is north of the said milepost.
g. 
Any acts or omissions that cause a hazardous material incident, as defined by section 3-24.
[Ord. #1207, S1]
Any person convicted of violating the provisions of this section shall be subject to the penalties set forth in subsections 3-1.1 to 3-1.4.
[Ord. 5/25/39, S1]
As used in this section.
a. 
Public street shall mean and include any street, way, avenue or square in the Borough of Bogota, County of Bergen and State of New Jersey which is now, or may hereafter be opened to the public for travel, but shall not include public parks or playgrounds now or hereafter created.
[Ord. 5/25/39, S2]
No person shall throw, pitch, kick, bat or strike any hard or soft ball, baseball, football, basketball, soccer ball, sticks, stones or other objects on, over or across any public street in the borough.
[Ord. 5/25/39, S3]
Doing any of the acts as set forth in this section is hereby declared a nuisance and against public safety, and is hereby prohibited.
[Ord. 8/14/74, S1]
No person shall drink, imbibe or consume any alcoholic beverage in or upon:
a. 
A public street, lane, roadway, avenue, sidewalk, public parking place, park, playground or recreational area, or any other public or quasi-public place, or
b. 
A public conveyance, or
c. 
A private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot, or public or quasi-public place, or
d. 
Any private property, not his or her own, without the express permission of the owner or other person having authority to grant such permission.
[Ord. 8/14/74]
Any person who shall discard alcoholic beverage containers, cans or bottles, upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon private property not his or her own without the express permission of the owner is a disorderly person.
[Ord. 8/14/74, S2]
Notwithstanding the provisions contained in subsection 3-12.1, the mayor and council may, by further ordinance or resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area, or other public place at a designated time or times in connection with any purpose or events which have been authorized by the mayor and borough council.
[Ord. 8/14/74, S3]
Application for a permit to consume alcoholic beverages in a public park, playground, recreational area or other public place shall be made to the Bogota recreational department.
[Ord. 5/27/76, S1]
No person shall have in his possession any glass, bottle, glassware or crockery, manufactured or made to contain alcoholic beverages or soft drinks, in any public park within the borough whether such container at that time is filled, partially filled or empty, without first having obtained a permit in advance from the recreation director of the borough specifically authorizing the use of such glass, bottle, glassware or crockery for a specific occasion.
[Ord. 5/27/76, S2]
No person shall break or leave any glass, bottle, glassware or crockery in any public park or public place within the borough.
[Ord. 5/27/76, S3]
A violation of this section shall constitute disorderly conduct and a person violating this section shall be and hereby is declared a disorderly person subject to arrest, prosecution and punishment as provided by the borough ordinances.
[Ord. 12/3/64, S4]
No person shall park on any street in the borough for any period of time whatsoever for the purpose of advertising for sale the vehicle parked.
[Ord. #846, S1]
Games of chance operated pursuant to the provisions of N.J.S.A. 5: 8-50 et seq., also known as the "Raffles Licensing Law" may be conducted on a Sunday.
[Ord. #922, S1]
No person shall withhold or fail to return any book, article or other property borrowed from the Bogota Free Public Library within thirty (30) days from the date of mailing, by certified mail, return receipt requested, of a notice demanding the return thereof, addressed to such person at the last known address of such person provided to the library.
[Ord. #922, S2]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book, article or other property, or any part thereof, which is owned by or in the custody of the Bogota Free Public Library.
[Ord. #922, S3]
No person with intent to defraud shall acquire a library card by the use of false pretenses, including but not limited to the use of a false name or address, or use any card other than the one issued to said person for the purpose of borrowing any book or article from said library.
[Ord. #922, S4]
No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item or article from the Bogota Free Public Library Building without first complying with the rules and regulations and procedures of the library for borrowing such items or articles.
[Ord. #922, S5]
Any person who shall have lost any book or article borrowed from the Bogota Free Public Library or who, for any other reason beyond his or her control is unable to return such book or other article to the library within the thirty (30) day period referred to in subsection 3-16.1 herein, shall not be deemed to have committed a violation if, within the said thirty (30) day period, such person shall pay to the library the full value of such unreturned book or other article, as reasonably determined by the library.
[Ord. #922, S6]
The library board shall adopt and post in a conspicuous place in the Free Public Library Building, rules, regulations, and procedures governing the borrowing of books, periodicals, pamphlets or any other item or article which may be available for such borrowing to the public and the payment of fines for retention of items beyond permissible times.
[Ord. #922, S7]
The library director is authorized to file a complaint in the municipal court for violation of any of the terms of this section under the following conditions:
a. 
A certified letter, return receipt requested, shall be sent by the library administration no sooner than two (2) weeks after the book or material is overdue and/or a fine is due under the library's posted rules and regulations, informing the person that the book or material is overdue and/or that a fine is due and that he is subject to prosecution pursuant to this section.
b. 
In the case of a minor, the letter shall be sent to the parents or guardians of the minor involved.
c. 
The book, material or article shall be overdue and/or the fine shall remain unpaid for at least thirty (30) days after the mailing of the required notice.
d. 
The Bogota Police Department shall issue a summons based on the verified complaint of the library director.
[Ord. #922, S8]
Any person who fails to comply with the terms of this section will be subject to a fine in the minimum amount of twenty-five ($25.00) dollars for each offense with a maximum fine not exceeding five hundred ($500.00) dollars or by imprisonment for exceeding a period of seven (7) days, or by both such fine or imprisonment.
[Ord. #931, SI]
As used in this section, "drug paraphernalia" shall mean all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance as defined in N.J.S.A. 24:1-1, et seq.
It shall include, but not be limited to:
a. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived.
b. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances.
c. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled dangerous substance.
d. 
Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances.
e. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled dangerous substances.
f. 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled dangerous substances.
g. 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana.
h. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled dangerous substances.
i. 
Capsules, balloons, envelopes and other containers or objects used, intended for use, or designed for use in the packaging of controlled dangerous substances.
j. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled dangerous substances into the human body.
k. 
Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
1. 
Metal, wooden acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
2. 
Water pipes;
3. 
Carburetion tubes and devices;
4. 
Smoking and carburetion masks;
5. 
Roach clips, meaning objects used to hold burning material, such as marihuana cigarette, that has become too small or too short to be held in the hand;
6. 
Miniature cocaine spooks and cocaine vials;
7. 
Chamber pipes;
8. 
Carburetor pipes;
9. 
Electric pipes;
10. 
Air-driven pipes;
11. 
Chillums;
12. 
Bongs;
13. 
Ice pipes or chillers;
14. 
Rolling paper.
In determining whether an object is drub paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) 
Statements by an owner or by anyone in control of the object concerning its use.
(b) 
Prior convictions, if any, or any owner, or of anyone in control of the object, under any State or Federal law relating to any controlled dangerous substance.
(c) 
The proximity of the object, in time and space, to a direct violation of this act.
(d) 
The physical proximity of the object to controlled dangerous substances.
(e) 
The existence of any residue of controlled dangerous substances on the object.
(f) 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intent to use the object to facilitate a violation of this act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this act.
(g) 
Instructions, oral or written, provided with the object concerning its use.
(h) 
Descriptive materials accompanying the object which explain or depict its use.
(i) 
National and local advertising concerning its use.
(j) 
The manner in which the object is displayed for sale.
(k) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(l) 
Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.
(m) 
The existence and scope of legitimate uses for the object in the community; and
(n) 
Expert testimony concerning its use.
[Ord. #931, SII]
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance as defined in N.J.S.A. 24: 21-1 et seq.
[Ord. #931, SIII]
It shall be unlawful for any person to sell, distribute or dispense, or possess with intent to sell, distribute or dispense, or manufacture with intent to sell, distribute or dispense, drug paraphernalia, knowing, or under circumstances, where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance as defined in N.J.S.A. 24:1-1 et seq.
[Ord. #931, SIV]
It shall be unlawful for any person to display, advertise or place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under the circumstances where one reasonably should know, that the purpose of the display or advertisement in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Ord. #931, SV]
It shall constitute a common nuisance to maintain any building, conveyance or premises whatever knowing, or under circumstances where one reasonably should know, that such building, conveyance or premises are used by persons for the manufacture, distribution, dispensing, administration or use of any controlled dangerous substance or drug paraphernalia.
[Ord. #931, SVI]
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding five hundred ($500.00) dollars, or by imprisonment for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.
[Ord. #959, SI]
No person who operates a store, newsstand, booth, concession, or similar business with unimpeded access for persons under eighteen (18) years of age or who is in business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs, shall display or permit to be displayed at his business premises any obscene material at a height of less than five (5) feet or without a blinder or other covering placed or printed on the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display. For the purpose of this section, "obscene material" shall mean any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format, or animated sensual details:
a. 
Depict or describe in a patently offensive way, ultimate sexual acts, normal or perverted, actual or stimulated, masturbation, excretory functions, or lewd exhibition of the genitals.
b. 
Lacks serious literary, artistic, political, or scientific value when taken as a whole.
c. 
Is a part of a work, which to the average person applying contemporary community standards, has dominant theme taken as a whole, which appeals to the prurient interest.
Editor's Note: For further provisions regarding refuse see Section 14-4, "Removal of Garbage," contained in Ch. XIV of the Municipal Code.
[Ord. #967, SI]
LITTER
Shall mean any used or unconsumed substance or waste material whether made of aluminum, glass, plastic, rubber, metal alloy, paper or other natural or synthetic material or combination thereof or any substance which is classified as hazardous waste by the New Jersey Department of Environmental Protection; including but not limited to, any bottle, jar, or can, cigarettes, cigars, match or any flaming or glowing material, or any garbage, trash, refuse, debris, rubbish, grass clippings, leaves or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers, and packaging or construction material.
[Ord. #967, SII]
The use of litter receptacles shall be required at the following public places which exist or are planned for the future of the municipality.
The proprietors of these places or sponsors of the following events shall be responsible for providing and servicing said receptacles:
a. 
All street vendor locations;
b. 
All self-service refreshment areas;
c. 
All construction sites;
d. 
All shopping centers;
e. 
All gasoline service stations and islands;
f. 
All marinas, boat moorages and fueling stations, all boat landing stations and all public private piers operated for public use;
g. 
Sidewalks used by pedestrians in active retail commercially zoned areas such that at a minimum there shall be no single linear quarter-mile without a receptacle;
h. 
Any other privately sponsored activity occurring within the confines of the borough.
The municipality and any other appropriate public entity shall be responsible for providing and servicing the receptacles at the following public places:
1. 
Buildings held out for use by the public, and government buildings;
2. 
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle;
3. 
All parks and other recreation areas;
4. 
All special events to which the public is invited including but not limited to sporting events, parades, barbecues and festivals.
If there is any overlapping of areas of responsibility the municipality and the proprietors and/or sponsors shall be jointly responsible for providing and/or servicing the receptacles however, the proprietor and/or sponsors shall be primarily liable and the municipality secondarily liable.
[Ord. #967, SIII]
It shall be unlawful for any person to discard or dump litter along any street or road on or off any right-of-way including but not limited to household, commercial, industrial, solid waste, rubbish, refuse, junk, vehicles or vehicle parts, rubber tires, appliances, furniture, private property, or litter in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. #967, SIV]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including but not limited to household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of this type of debris.
[Ord. #967, SV]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure. However, these tires may be discarded on days designated by the borough for the collection of tires.
[Ord. #967, SVI]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn. A lawn for this section shall be classified as either a front, side or rear yard which is currently unpaved.
[Ord. #967, SVII]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, and/or driveways, except in a fully enclosed structure any motor vehicle, trailer or small trailer or any other type of vehicle which is defined by the New Jersey Department of Motor Vehicles as a trailer, which is:
a. 
Missing tires, wheels, engine or other parts essential to its operation; or
b. 
Which displays extensive body damage; or
c. 
Deterioration, to such an extent that it is; or would be if classified as nonoperable (Nonoperable shall be defined as not having the ability to meet the requirements of the New Jersey Inspection regulations for public and/or private vehicles);
d. 
Which does not display a current valid State registration; or
e. 
Which is wrecked, disassembled and/or partially disassembled.
[Ord. #967, SVIII]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any street or roadway unless such vehicle is constructed or loaded to prevent its load or any part thereof from dropping, shifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any object or substance has fallen or otherwise escaped, which object or substance could cause a traffic obstruction, damage a vehicle or otherwise endanger persons or property, or litter, shall immediately cause the areas to be cleaned of all such objects or substances and shall pay the costs for such cleaning, and may be issued a summons for littering.
[Ord. #967, SIX]
It shall be unlawful for any owner, agent, lessee or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after the completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of construction site to furnish containers adequate to accommodate all debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse. Any spillage of refuse shall be classified as littering.
There shall be an affirmative obligation that every party in this subsection shall be required to collect, dispose and properly discard all materials designated in this section.
[Ord. #967, SX]
It shall be unlawful for any residential industrial or commercial property owner, lessee or party in use and/or occupancy to permit open or overflowing waste disposal binds on his or her property.
[Ord. #967, SXI]
It shall be unlawful for any person, firm, corporation or association to throw, drop, discard, or otherwise place litter of any nature whatsoever upon public or private property, other than in an approved litter receptacle or structure or container designated as per local ordinances for the collection of the particular item.
[Ord. #967, SXII]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or litter of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into a deposit in any gutter, street, catch basin or other public place any litter or accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free from litter. All sweepings shall be collected and properly containerized for disposal.
However, residential property owners shall not be precluded from depositing leaves at curbside during designated municipal removal days.
[Ord. #967, SXIII]
Any person, firm, corporation or association violating the terms of this Ordinance, whether as principal, agent or employee of another, shall be subject to a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars for the first offense and not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each subsequent offense. If the violation or offense is of a continuing nature, each day during which it continues shall constitute a separate and distinct violation or offense. The municipal judge may also impose community service "cleanup" requirements in lieu of and/or in addition to the foregoing monetary penalties.
[Ord. #967, SXIV]
It shall be the duty of any person, firm, association, or corporation, to remove all posted signs including, but not limited to, election posters, open house and/or garage sale signs placed on telephone poles, stop signs, trees, or any other publicly owned areas, within seventy-two (72) hours after the date of the event and/or occurrence. Failure to properly remove and/or dispose of these materials within the designated time period shall cause said materials to be classified as litter.
[Ord. #967, SXV]
The mayor with council confirmation may appoint a standing committee entitled the "Clean Community Program" to coordinate and network all segments of the population to effectuate the provisions of this section.
If created, the committee shall consist of no less than four (4) people and no more than seven (7), representing proportionately the business and residential communities, municipal government and school board. The term shall be for three (3) years except the initial appointees shall be staggered by lot.
[Ord. #967, SXVI]
The provisions of this section shall be enforced by the police, departments of health and public works, and property maintenance code official. The respective enforcing officer shall have the option to tender unto any party who in said officer's opinion has violated any section of this section a warning notice. This notice shall clearly delineate the nature of the offense and a time period to remedy the infraction. This time period shall not be less than ten (10) days, nor greater than, thirty (30) days from the issuance of the notice. Failure of the party to remedy the offense within the prescribed time period shall result n the complaining officer issuing a summons for violating the provisions of this section.
[Ord. #972, S1]
It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned in the Borough of Bogota after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking and provided further that the chief of police, subject to the advice and consent of mayor and council, shall approve in writing of the prohibited location.
[Ord. #972, S2]
After notice has been approved and posted in accordance with this section, the owner, occupant, lessee or licensee may have the violator's automobile, truck, van, etc., towed off the premises at the sole cost and expense of the violating party.
[Ord. #972, S3]
Suitable signs not less than twenty-four (24) inches by thirty (30) inches, bearing the words "NO PARKING" together with any qualifications or restrictions of such parking, including a reference to this section, and conspicuously displayed shall be posted on said lands by the owner, occupant, lessee or licensee thereof where this section is effective.
[Ord. #972, S4]
Defacing, tampering with or damaging such signs when posted shall constitute a violation of this section, and shall be classified as a petty disorderly persons offense.
[Ord. #972, S5]
Any person violating any of the provisions of this section shall be subject to a fine not exceeding fifty ($50.00) dollars and/or subject to the penalty enumerated in subsection 3-20.2 above.
[Ord. #979, SI]
The purpose of this restriction is to protect the peace and quiet of the community, eliminate traffic noises during night hours, and lessen the hazards of nighttime crime. This section is therefore created for the protection of persons and property and for the preservation of the public health, morals, safety and general welfare of the municipality and its inhabitants.
[Ord. #979, SII]
The following terms when used in this section, shall be construed as follows:
RETAIL ESTABLISHMENT
Shall mean an establishment, enterprise or business that sells to the general public goods, merchandise, food or material and/or automotive fuel, motor oil, goods and services which are generic to gasoline filling and service stations. Specifically excepted are diners, bars, taverns, and pharmacies.
[Ord. #979, SIII]
a. 
No retail establishment, as herein defined, to which the general public is invited shall conduct business between the hours of 12:00 a.m. and 6:00 a.m. of each day, within two hundred (200) feet of any residential zone.
b. 
No retail establishment, as herein defined, to which the general public is invited which is located in a commercial zone not located within twenty (20) feet of any residential zone, shall be open for business between the hours of 12:00 midnight and 6:00 a.m. prevailing time (2400 to 0600 hours), unless the following terms and conditions are implemented and approved:
1. 
That there are at least two (2) employees on continuous duty or one (1) employee and an armed security guard in that portion of the retail establishment to which the public is invited. If the proprietor utilizes the services of an armed guard then a notice in the form of a "sticker" with dimensions not less than eight and one-half (8-1/2) inches x eleven (11) inches shall be posted on the outer windows indicating that armed security personnel are present, during the hours of 12:00 midnight to 6:00 a.m.
2. 
That the retail establishment shall have in operation a silent and/or audible burglar alarm system, or any such other monitoring device which can be activated instantaneously to notify law enforcement officers that a crime or disorderly per-sons actively in progress. Any system chosen by the proprietor shall be connected to a central security monitoring system de-signed to activate police response.
3. 
That the retail establishment shall implement the following crime-prevention measures:
(a) 
Keeping outer windows open for view-in; and
(b) 
Use of a drop safe on the premises, weighing not less than five hundred (500) pounds; and
(c) 
The establishment shall post a window sign which is conspicuous and asserts that a safe is located on the premises but that safe is not accessible to the employees of the establishment; and
(d) 
Signs indicating that the establishment does not kept more than fifty ($50.00) dollars in chase in the register; and
(e) 
Placement of cash registers so that they are visible from the exterior of the premises; and
(f) 
The exterior portion of the retail establishment, including parking area, shall be well lit throughout the night and early morning hours; and
(g) 
If the armed security guard is utilized by the proprietor, a copy of the guard's firearm carrying permit must be submitted to the police department.
In addition to the foregoing all retail establishments within the Borough of Bogota must comply with all New Jersey Administrative Code requirements regulating noise, air pollution, lighting and other safety regulations set for retail establishments.
Noise standards shall be governed by N.J.A.C. 7:29 Subchapter 1, et seq.
Air pollution shall be regulated by the Department of Environmental Protection as described by N.J.A.C. 7:27 Subchapter 13, et seq.
[Ord. #979, SIV]
All retail establishments in the Borough of Bogota which desire to remain open between the hours of 12:00 midnight and 6:00 a.m. (2400 hours to 0600 hours), prevailing time, shall submit the necessary documentation to the chief of police of the Borough of Bogota which shall indicate that the measures required by this section are implemented prior to opening.
[Ord. #979, SV]
Any person who shall violate a provision of this section shall, upon conviction thereof be punished by a fine in accordance with Section 3-1 of the Revised General Ordinances of the Borough of Bogota.
[Ord. #1066, SI]
The purpose of this regulation is to protect the integrity of private and public property throughout the borough and to promote the aesthetic qualities and safety of property located within the borough. This section is created to protect public and private property owners from the unauthorized placement of notices, placards, advertisements or documents of any other kind on their property without their consent.
[Ord. #1066, SI]
The words "person", "persons", "his" or "her" as used in this section shall be construed wherever appropriate in the context to include companies, partnerships and corporations, profit or not for profit.
[Ord. #1066, SI]
No person shall paste, clip, paint, nail, clamp or otherwise fasten, inscribe or affix any notice, placard of advertisement against or upon any wall, gate, house, pole, tree or building, either public or private, or place such notice, placard or advertisement in or upon any place either public or private, without the consent of the owner or occupant of the same except when done by a public officer lawfully authorized to do so in the performance of his duty.
[Ord. #1066, SI]
Any person who shall violate any of the provisions of this section shall, upon conviction therefor, be subject to a fine not exceeding five hundred ($500.00) dollars or imprisonment for a period of not exceeding ninety (90) days or both.
[Ord. #1086, SI]
The purpose of this section is to protect the citizens of the Borough of Bogota from the hazards of installation and operation of nonregulated pay phones within the borough. This section is also created to provide for proper regulation and monitoring of code and zoning requirements in regard to the erection and placement of these pay phones.
[Ord. #1086, SI]
The following terms as used in this section shall be construed as follows:
a. 
Distributor shall mean the person responsible for placing and maintaining a pay telephone in a public way hereafter defined.
b. 
Pay telephone shall mean any self-service or coin or credit operated telephone rests in whole or in part in any portion of a public street, public sidewalk or public parking area.
c. 
Roadway shall mean that portion of a street improved, designated or ordinarily used for vehicle traffic.
d. 
Sidewalk shall mean any surface provided for the use of pedestrians.
e. 
Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks.
f. 
Borough shall mean the Borough of Bogota.
g. 
Person shall mean an individual, business, firm, corporation, association, partnership or other organization or group of persons.
[Ord. #1086, SI; Ord. #1169, S1]
a. 
No person may place or maintain any outdoor public telephone on or above any public street or sidewalk, building or any parcel of property without having first obtained a permit. Permit applications shall be on a form prescribed by the secretary for the building department. All permits shall be submitted to and approved by the mayor and council. Indemnification and insurance information by the applicant must be submitted at the time of the application. Permits shall be issued by the building department subject to the approval of the type and location of the telephone from the mayor and council.
b. 
After review by the mayor and council, the permit application, indemnification and insurance information will be forwarded to the building department for review. The building department will request an electrical technical application signed and sealed by a New Jersey licensed electrical contractor to be submitted by the applicant. The fee for the electrical permit shall be the minimum electrical fee at the time of the application. Upon payment of the permit fee, the electrical permit will be issued. The electrical subcode official shall inspect the installation of the phone.
c. 
Prior to installation, a plan or sketch of the telephone must be furnished in sufficient detail to describe the size, location and cabling. The building department shall also receive no less than thirty (30) days' prior written notice before the removal of any telephone.
d. 
Upon removal of a telephone, the owner or designee shall restore all surfaces to their original condition, which shall be subject to the approval of the building department.
e. 
The Borough of Bogota may reject any application for a permit, revoke a permit or require the removal of an existing outdoor public telephone if it has reason to believe that such telephone detracts from the aesthetic appearance or otherwise infringes on the use of and access to the public sidewalks or does not comply with the terms of this ordinance.
f. 
Approval of the location of each public telephone by the mayor and council of the Borough of Bogota (with input from the building department, police department and department of public works) is required before approval or disapproval by the mayor and council.
g. 
Before receiving a permit, an applicant shall:
1. 
Execute an indemnification agreement by which the applicant and any other person on whose behalf the application is made agrees to defend, indemnify and hold harmless the Borough of Bogota against liability for all claims for damage to property, or injury to or death of persons, arising out of or resulting from the issuance of the permit or the control, maintenance, ownership or use of each public telephone.
2. 
File with the secretary for the building department of the Borough of Bogota a general liability insurance policy of one million ($1,000,000.00) dollars for bodily injury and fifty thousand ($50,000.00) dollars for personal liability naming the Borough of Bogota as additional insured against any injury, loss or damage that may result from placing or maintaining the telephone or telephone equipment on a public street or sidewalk.
h. 
All phone booths or phones shall carry the identity of the long distance carrier and the information about how to make calls using other carriers.
i. 
No fee shall be charged pertaining to pay phones furnished by the borough as an accommodation to the public.
[Ord. #1086, SI]
a. 
Any telephone which is subject to this ordinance shall comply with the following standards:
1. 
No booth surrounding a public telephone shall exceed eight (8) feet in height, four (4) feet in width or four (4) feet in thickness.
2. 
Each public telephone shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund if the call cannot be placed. The coin mechanism shall be maintained in proper working order.
3. 
Each public telephone shall have affixed to it, in a place visible to everyone using the telephone, the company name, and complete address (no P.O. Box) of the distributor and the telephone number of a working telephone service to report a malfunction, secure a refund, or give the notices provided for in this section.
4. 
Telephones shall be maintained in a neat and clean condition and in good repair at all times. A telephone shall be serviced and maintained according to standards including but not limited to the following:
(a) 
Telephones shall be reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, and rust and corrosion in the visible metal areas thereon; and
(b) 
Any clear plastic or glass parts of public telephones shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes and discoloration; and
(c) 
Any paper or cardboard parts or inserts of public telephones shall be reasonably free of tears, peeling or fading; and
(d) 
The structural parts of the public telephone shall not be broken or unduly misshapen; and
(e) 
The public telephone receiver shall be attached to the telephone.
5. 
Any person who fails to maintain a public telephone in working condition shall be given a ten (10) day written notice to repair the telephone by the building department. If the pay telephone is not in working condition at the end of the ten (10) day period, the subject telephone operator shall be subject to the provisions of the violations section, set forth below.
6. 
Upon written request by an authorized representative of the borough, setting forth the reasons for the request, the distributor shall disable each pay telephone requested from receiving incoming calls and shall restrict the capability of those pay telephones so that only outgoing calls can be made from them. Those restrictions shall be implemented by the distributor no later than ten (10) days after receiving the written request. Those restrictions shall continue indefinitely until the borough authorizes their termination in writing. The distributor shall promptly post on the telephone, or the telephone booth, a written notice advising the public of that pay telephone's inability to receive incoming calls.
[Ord. #1086, SI]
a. 
The public telephones must permit the following calls to be placed without charge:
1. 
Emergency calls placed through operator assistance to the police and fire departments.
2. 
Calls placed through operator assistance to the police and fire departments by anyone legitimately identified as a member of either department.
b. 
Public telephone rates for a local call shall be posted on the public telephone and on the public telephone booth.
c. 
Toll rate charges must be available from the operator upon request.
[Ord. #1086, SI]
a. 
No public telephone shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
1. 
Endangers the safety of person or property;
2. 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles, or barrier-free accessibility;
3. 
Unreasonably interferes with the ingress or egress from any residence or place of business;
4. 
Interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location; or
5. 
Interferes with or impedes the normal operation of the department of public works in sidewalk, curb or street maintenance which includes snow control and removal.
b. 
Public telephones shall be placed, or otherwise secured so as to prevent their being blown down onto or around the public street or sidewalk, but shall not be chained or otherwise secured, to any traffic or street signs, signals, hydrants, mailboxes, utility poles or any other government owned property without the prior written request of the owner.
c. 
No pay telephones shall be placed, installed, used or maintained:
1. 
Within any marked crosswalk;
2. 
Within three (3) feet of a curb return of any unmarked crosswalk;
3. 
Within fifteen (15) feet of any fire hydrant, fire call box, police call box, or other emergency facility;
4. 
Within three (3) feet of any driveway;
5. 
Within three (3) feet of any public area improved with a lawn, flowers, shrubs, trees or other landscaping;
6. 
At any location whereby the clear space for the passage way of pedestrians is reduced to less than six (6) feet;
7. 
Within three (3) feet of any building unless written permission is secured from the property owner and filed with the application.
d. 
In the event that a particular pay telephone does not meet the requirements set forth in paragraph c, an applicant shall nevertheless be entitled to a permit upon a showing that the issuance of such a permit is reasonable under the circumstances present.
e. 
Pay telephones shall not be placed on sidewalks in front of street addresses where there appears to be continuous criminal activity. Continuous criminal activity means reports to the police of more than six (6) criminal incidents at an address in the six (6) months prior to the date of the application, which incidents have resulted in felony convictions.
f. 
No pay telephones shall be installed on the street or sidewalk without the written permission of the abutting landowner and/or property owner.
g. 
Except for subsequent application by the same distributor for the placement of an additional pay telephone adjacent to said distributor's existing pay telephone:
1. 
No pay telephone shall be placed within one hundred twenty feet (120) feet and within a diagonal direction of fifty (50) feet of another pay telephone.
h. 
No intersection shall be permitted more than four (4) pay telephones that are equally distributed.
i. 
No pay telephone or telephone booth shall be installed in R-1, R-1A, R-2 or R-3 Zones, as described in the zoning ordinance of the Borough of Bogota.
j. 
Pay telephones or telephone booths may be installed:
1. 
Within the interior area of any multiple dwelling building; and
2. 
Within PD-1, PD-2, B-1, B-2, B-3, I or P Zones as described in the zoning ordinance of the Borough of Bogota.
k. 
If a pay telephone or telephone booth is installed within the interior area of a multiple dwelling building, no outside sign may depict the presence of a pay telephone.
[Ord. #1086, SI]
Upon receipt of a complaint by a citizen or an authorized representative of the police department to the building department that the location and use of a pay telephone constitutes a threat to the health, safety or welfare of the community, the mayor and council shall conduct a hearing after providing written notice of same at least ten (10) days in advance thereof to all parties to ascertain whether the location and use of the public telephone constitutes a threat to the health, safety or welfare of the community. If the mayor and council finds by a preponderance of the evidence presented that the location and the use of the public telephone constitutes a threat to the health, safety or welfare of the community, the building department shall revoke any permit issued for use of said public telephone immediately thereafter. In the event that the mayor and council does not find that the location or the use of the telephone constitutes a threat to the health, safety or welfare of the community but does create a negative aesthetic appearance to the borough, the mayor and council may order such other relief as they deem fair under the circumstances including but not limited to requiring seizure of the public pay telephone equipment.
[Ord. #1086, SI]
The owners of such existing telephones will have a period of thirty (30) days to obtain the permits required by this section. The Borough of Bogota reserves the right to reject any and all locations submitted for approval if such location and installation is not in conformance with this section.
[Ord. #1086, SI]
a. 
Any violation of this section shall permit the building department to arrange for removal of such public telephone and store it at a designated area at the expense of the owner. At such time, the owner will be located and notified of such and shall arrange to pick up and pay for the removal and storage fees.
b. 
At the time of removal of the telephone, all related costs, including labor and materials for the restoration of all surfaces to which the telephone and its accessories were attached, shall be recorded by the building department. The owner of the telephone will incur such costs, which shall be payable when the telephone is claimed.
c. 
Any violation of this section shall subject the violator to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars or for confinement of not more than ninety (90) days in jail or both. Each noncomplying pay telephone violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.
[Ord. #1086, SI; Ord. #1169, S1]
a. 
All permits received under this section shall expire under this section one (1) year after its issuance. Thereafter, an applicant shall be required to apply for a permit once every year.
b. 
An application for a permit or renewal shall be on a form prescribed by the secretary for the building department and all renewals shall comply with the terms of this section.
c. 
The annual permit fee shall be seventy-five ($75.00) dollars payable to the secretary for the building department.
d. 
No fee shall be charged pertaining to pay telephones furnished by the borough as an accommodation to the public.
[Ord. #1086, SI]
In the event any street or sidewalk has to be disturbed in connection with the installation or removal of any phone or phone booth, such installation or removal shall be referred to the building department and superintendent of the department of public works for their review and appropriate permits, if necessary.
[Ord. #1093, S1; Ord. #1284, S1]
The purpose of this section is to provide for reimbursement to the borough for costs incurred in connection with actual, reported, or suspected hazardous material incidents that occur within the borough, which the mayor and council finds cause public nuisances that cause the borough and other entities to incur unexpected costs and expenses in the protection of the public health, safety, and welfare, of the residents of the borough.
[Ord. #1093, S1; Ord. 1284, S1]
The following terms as used in this section shall be construed as follows:
BOROUGH
Shall mean the Borough of Bogota.
EXPENDABLE ITEMS
Shall mean any items used in connection with any hazardous material incident, including but not limited to items used to extinguish any fire and/or to stop, control, or contain any leak or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after use in a hazardous material incident. These items include but are not restricted to firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, and specialized protective equipment to include, but not restricted to, acid suits, acid gloves, goggles, and protective clothing.
HAZARDOUS MATERIALS
Shall mean any material, solid, liquid, or gas, that is listed as a hazardous substance or material, including, but not limited to, any substances and materials listed under the N.F.P.A. Guide of Hazardous Material, the Department of Transportation Guide Book, and the list of Hazardous Substances and Toxic Pollutants designated by the Federal Environmental Protection Agency and the New Jersey Department of Environmental Protection.
HAZARDOUS MATERIAL INCIDENT
Shall mean any actual, reported, or suspected fire, leakage, discharge, spill, or exposure of any person or property to any hazardous materials occurring in the borough.
VEHICLE
Shall mean any motorized equipment registered or unregistered, including, but not limited to, a passenger car, motorcycles, truck, tractor trailer, construction equipment, farm machinery, water craft, aircrafts, and railroad cars, engines, or equipment.
VESSEL
Shall mean any container, drum, box, cylinder, bottle, or tank used to hold or contain or carry or store any hazardous material.
[Ord. #1093, S1; Ord. #1284, S1]
Costs incurred by the borough for the following items used in connection with the response to, suppressing, control, or clean-up of any hazardous material incident shall be reimbursed to the borough by the responsible parties as defined in subsection 3-24.4 herein as follows:
a. 
The cost or replacement of expendable items.
b. 
The expenses incurred by the borough for the wages (regular and/or overtime) paid to its employees/agents, as a result of a hazardous material incident.
c. 
Any and all medical costs incurred by responding personnel.
d. 
Any and all environmental tests required to insure a hazard-free environment (soil-water-air).
e. 
A fixed hourly rate for the use of vehicles and apparatus responding to incidents computed at the rates set forth below:
Fee Schedule for Emergency Service Vehicles
Vehicle
Hourly Rate
Mid-Bergen Fire Haz-Mat Team
$250.00
Haz-Mat 1
$150.00
Foam Unit 1
Fire Department Apparatus
Engines
$150.00
Trucks
$150.00
Heavy Rescues
$150.00
Water Craft
$75.00
Command Vehicles
$50.00
Staff Cars
$25.00
Emergency Medical Service Units
Basic Life Support (ambulances)
$100.00
Police Department Vehicles
$35.00
Patrol Cars
$35.00
f. 
All expenses for reimbursable items incurred by Mid-Bergen Hazardous Materials Team and/or other mutual aid responding units.
g. 
Costs of services rendered by any recovery company, towing company, or other technical assistance called for by the appropriate municipal department or official to handle such incidents.
[Ord. #1093, S1; Ord. #1284, S1]
Reimbursement to the borough for any reimbursable items, as set forth in subsection 3-24.3, shall be made by the following parties:
a. 
The owner or operator of any vehicle responsible for or suspected of causing any hazardous material incident.
b. 
The owner or person responsible for any vessel containing hazardous material involved in any hazardous material incident occurring on public or private property, whether stationary or in transit, whether accidental or through negligence.
c. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates.
d. 
Any person responsible for any hazardous material incident on public or private property.
[Ord. #1093, S1; Ord. #1284, S1]
Any responsible party as set forth in subsection 3-24.4 shall reimburse the borough and/or the Mid-Bergen Hazardous Materials Team for the full price of any reimbursable items used in response to a hazardous material incident within forty-five (45) days after receipt of a bill from the borough. All billing shall include a twenty (20%) percent administrative fee.
[Ord. #1093, S1; Ord. #1284, S1]
a. 
Any responsible party, as defined in subsection 3-24.4 hereof, who fails to reimburse the borough for reimbursable items within the time set forth in subsection 3-24.5 shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than one thousand two hundred fifty ($1,250.00) dollars per violation or imprisonment for a period of not more than ninety (90) days or both, upon the failure to reimburse the borough for the cost of such items within said forty-five (45) day period.
b. 
A separate offense or violation shall be deemed to be committed on each day that a violation occurs or continues.
[Ord. #1284, S1]
In addition to any penalty provided in subsection 3-24.6 hereof, the borough may take any actions that may be provided by law to recover from any responsible party or parties all costs of the reimbursable items incurred in response to a hazardous material incident. To the extent permitted by law, the borough may recover its attorneys fees and costs in any civil action filed pursuant to this section.
[Ord. #1134, S1]
a. 
It shall be unlawful for any person to place graffiti upon any public property or upon the private property of another by any means whatsoever. Graffiti is defined as follows: writing, printing, or placing, with paint or dye, figures, letters, words or sentences, upon the property of another, without the express permission of the owner of such property.
b. 
Any person who violates paragraph a of this section shall be responsible for cleaning, repairing, painting, and otherwise restoring the property that he or she has damaged to the condition in which it was found before such violations and shall be subject to a minimum fine of one hundred ($100.00) dollars and a maximum fine of one thousand ($1,000.00) dollars, or imprisonment for a maximum period of ninety (90) days or both, upon a conviction for a violation of this section.
c. 
It shall be unlawful for the parents, legal guardian, or other person having custody and care of any person under the age of eighteen (18) years to assist, aid, abet, allow, permit, or encourage said minor to violate the provisions of any subsection of this section, either by words, overt act, by failing to act, or by lack of supervision and control over said minor child. The parents, legal guardian, or other person having custody and care of any such person under the age of eighteen (18) years who shall violate any subsection of this section shall be subject to all of the penalties provided herein, as if said parents, legal guardian, or other person having such custody and care were the actor who actually violated such subsection of this section.
[Ord. #1134, S1]
a. 
Upon notice to the owner, tenant, or occupant of any property in the borough on which graffiti exists, such owner, tenant, or occupant shall be responsible for cleaning, repairing, painting, and otherwise restoring the property that contains graffiti to the condition in which it was found before the graffiti was placed upon the property. Notice shall be sent by the construction code official, health officer, or property maintenance officer to the owner of record, according to the tax records, by either personal service or certified mail, return receipt requested, so that the owner, tenant, or occupant of the property may be given an opportunity to remove the graffiti within fifteen (15) days of the date of the notice.
b. 
If the owner, tenant, or occupant fails or neglects to comply with a notice sent pursuant to subsection 3-25.2a, the borough may remove same. The actual removal thereof shall be under the direction of the superintendent of public works of the borough, who shall certify the cost thereof, in writing, to the borough council.
[Ord. #1134, S1]
Upon the receipt of such a certificate of cost, as mentioned in subsection 3-25.2, the borough council shall examine the same and if such cost shall be found to be correct, the borough council shall charge the same against the lands from which the removal was made. The amount so charged shall forthwith become a lien upon such land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the tax collector in the same manner as taxes.
[Ord. #1134, S1]
No mercantile license shall be issued to any person, persons, or corporation seeking to operate any business that requires the issuance of such license if the applicant therefor seeks to locate or renew the license for a business in a building upon which graffiti has been placed.
[Ord. #1199, S1]
a. 
Charitable organizations, as defined in N.J.S.A. 45:17A-20, shall be permitted to solicit contributions for charitable purposes in the right-of-way of a road or highway in the borough subject to the terms of this section. If the solicitation is to be in the right of way of a road or highway maintained or under the jurisdiction of the New Jersey Department of Transportation or the Bergen County Board of Chosen Freeholders, the charitable organization shall obtain prior written approval from the governmental entity having jurisdiction over the road or highway.
b. 
In the case of any State road or highway or intersection thereof, a written permit shall be obtained from the Department of Transportation in accordance with the provisions of N.J.A.C. 16:40-4.1 et seq.
c. 
In the case of any County road or highway or intersection thereof, a written permit shall be obtained from the Bergen County Board of Chosen Freeholders in accordance with rules and regulations established by the County.
d. 
Solicitation shall be subject to the specific terms and conditions of the permit granted by the County or State. The State or County permit, as applicable, shall be in the possession of the solicitor during all times of solicitation and be available for inspection by local, County and State law enforcement officers.
[Ord. #1199, S1]
The following rules and regulations shall apply to charitable organizations soliciting under the terms of this section:
a. 
Charitable organizations shall solicit only for charitable purposes.
b. 
Solicitations shall be permitted only at signalized intersections or when an existing traffic control device causes temporary interruption in the flow of normal traffic, such as at the opening of a movable bridge.
c. 
Each person soliciting charitable contributions on behalf of a charitable organization shall be at least eighteen (18) years old.
d. 
Solicitation is encouraged to be off the traveled way.
e. 
Solicitors shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease when traffic is moving. The use of flagmen is prohibited.
f. 
Solicitation shall only be permitted during daylight hours. State, County, local law enforcement officers or representatives of the Department of Transportation may suspend solicitation operations at any time if any condition of the permit is violated, or, if in the law enforcement officer's or the department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
g. 
All solicitors shall wear safety vests that are in accordance with Department of Transportation standards, where required.
h. 
Solicitors shall not install any traffic control devices.
i. 
Signs advertising the roadway solicitation are permitted, provided the signs are of a temporary construction and breakaway to the extent possible. Signs shall be a maximum of sixteen (16) square feet.
j. 
Signage shall be in accordance with the temporary signage standards contained in the manual of Uniform Traffic Control Devices, 1988 or superseding issue, where applicable.
k. 
At least two (2) warning signs shall be placed and shall state as follows:
1. 
"CHARITABLE SOLICITATIONS 500 FEET AHEAD".
2. 
The second sign following shall identify the name of the charitable organization.
l. 
Signs shall not be permitted in the traveled way or in medians less than eight (8) feet in width. All signs warning, noticing or advertising a solicitation shall be removed immediately following the solicitation event.
m. 
The charitable organization shall be responsible for cleaning up any debris from the right-of-way.
[Ord. #1199, S1]
If the charitable solicitation is proposed at the intersection of a State or County road or highway, the charitable organization must obtain written approval from both the Department of Transportation or the Bergen County Board of Chosen Freeholders.
[Ord. #1199, S1]
If the charitable solicitation is proposed at the border of Bogota and any other municipality, the charitable organization must obtain approval for the solicitation from the adjoining municipality.
[Ord. #1199, S1]
A copy of the application form filed with the Department of Transportation or the Bergen County Board of Chosen Freeholders shall be filed with the municipal clerk, and shall specify the location, date, duration and times of the proposed charitable solicitation. One (1) application form may cover multiple dates during the same calendar year.
[Ord. #1272, S1; Ord. #1278, S1]
The purpose of this section is to establish in the borough a curfew for juveniles as authorized by N.J.S.A. 40:48-2.52, Chapter 132 of the Public Laws of 1992, effective October 29, 1992, which authorizes municipalities to establish by ordinance a curfew for juveniles, in accordance with the terms of the statute.
[Ord. #1272, S1; Ord. #1278, S1]
The terms listed below shall be defined in this section as follows:
a. 
Borough shall mean the Borough of Bogota.
b. 
Community organization shall mean groups including but not limited to boy and girl scouts, the borough recreation commission and public library, and other organizations providing services to juveniles.
c. 
Direct transit shall mean the effort of a person going from one place to another, by foot or by vehicle.
d. 
Errand shall mean the obtaining of goods and/or services by a juvenile, which involves direct transit by the juvenile in a public place.
e. 
Juvenile shall mean an individual who is under the age of eighteen (18) years of age.
f. 
Guardian shall mean a person, other than a parent, to whom legal custody of a juvenile has been given by a court order or who is not a juvenile and who is acting in the place of the parent or is responsible for the care and welfare of a juvenile, at the direction of a parent or person to whom legal custody of a child has been given by a court order.
g. 
Medical emergency shall mean the illness or medical condition of any member of a juvenile's household or person present on the premises of the juvenile's residence, which causes the parent or guardian of any juvenile to direct that the juvenile be in a public place in order to obtain goods and/or services that the parent or guardian deems necessary in light of the illness or medical condition.
h. 
Public place shall mean 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 public building, structure or area.
[Ord. #1272, S1; Ord. #1278, S1]
No juvenile shall be in any public place in the borough between the hours of 10:00 p.m. on October 29 and 6:00 a.m. on October 30 and 10:00 p.m. on October 30 and 6:00 a.m. on October 31 unless accompanied by the juvenile's parent or guardian. Parents shall not allow unaccompanied juveniles to be in any public place during these hours.
[Ord. #1272, S1; Ord. #1278, S1]
The provisions of this section shall not pertain to juveniles:
a. 
Engaged in or traveling to or from a business or occupation that the laws of the State authorize juveniles to perform;
b. 
Engaged in errands involving medical emergencies; and
c. 
Attending extracurricular school activities and other cultural, educational, and social events sponsored by religious or community organizations after 10:00 p.m. and before 6:00 a.m.
[Ord. #1272, S1; Ord. #1278, S1]
Any person convicted of violating the provisions of this section shall be required to perform community service, and may be subject to a fine of up to one thousand ($1,000.00) dollars in the court's discretion. If both a juvenile and the juvenile's parent are convicted for violating the provisions of the section, they shall be required to perform community service together.
[Ord. #1339, S1]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
[Ord. #1339, S2]
a. 
This section shall not prohibit a person under the legal age 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. 
This section shall not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the 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.
[Ord. #1339, S3]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the under-aged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. #1339, S4]
a. 
A person convicted of a violation under this section shall be fined two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent violation.
b. 
Upon conviction, the court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months, the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized motor bicycle, shall commence on the day sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.
c. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Motor Vehicle Commission, along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
d. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties as set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e. 
If a person convicted under such an ordinance is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of the nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. #1339, S5]
This section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33: 1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. #1453 § 1]
a. 
No person shall sell tobacco or nicotine delivery products in the Borough of Bogota unless the sale of such products is controlled by an employee of the establishment. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays of tobacco or nicotine delivery products shall be prohibited.
b. 
No person shall sell tobacco or nicotine delivery products to any person under the age of twenty-one (21) years or give tobacco or nicotine delivery products to any person under the age of twenty-one (21).
c. 
Tobacco retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight (6x8) inches where tobacco or nicotine delivery products are displayed and at all check-out counters notifying customers that proof of age is required to purchase tobacco or nicotine delivery products.
d. 
Any person selling tobacco or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or nicotine containing products is younger than twenty-one (21) years of age. No such verification is required for any person over the age of twenty-six (26).
e. 
No tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Borough ordinance and State laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that the employee has read such ordinances and State laws. Such form statement will be supplied by the Health Department and the signed original statement shall be filed with the Health Department and a copy shall be kept on file by the tobacco retailer and made available for review by the Health Department.
[Ord. #1453 § 2]
NICOTINE DELIVERY PRODUCTS
Shall mean products which are designed to deliver nicotine or vapor, including what are commonly known as "e-cigarettes" and used as a substitute for cigarettes or other forms of tobacco but excluding nicotine patches or nicotine chewing gum.
[Ord. #1453 § 3]
Any person who is convicted for violating any provision of this section, or the provisions of any other chapter of these Revised General Ordinances or any other ordinance of the Borough for which no penalty is specified, shall be subject to one (1) or more of the following: a fine of not more than one thousand two hundred fifty ($1,250.00) dollars; imprisonment for any term not exceeding ninety (90) days, and/or a period of community service not exceeding ninety (90) days, unless a different penalty is stated in the chapter hereof or this section.
[Added 9-19-2019 by Ord. No. 1531]
The purpose of this section is to license establishments that sell electronic smoking devices, electronic liquids and/or liquid nicotine. The funds collected by licensing such establishments shall be used to fund the development and maintenance of programs related to tobacco cessation, prevention and control and shall be made available for use by the Bogota Advisory Committee on Substance Abuse (BACSA).
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein, unless their use in the text of this section clearly demonstrates a different meaning. The word "shall" is always mandatory and not discretionary.
ELECTRONIC LIQUID
Any ingredients, liquids, gels, waxes and powders, including, but not limited to, those which may contain nicotine and which may be aerosolized or vaporized when using an electronic smoking device.
ELECTRONIC SMOKING DEVICE
An electronic or other powered device that can be used to deliver electronic liquid, liquid nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, hooka or pipe, or any cartridge or other component of the device or related product. All items defined as a "nicotine delivery product" pursuant to Subsection 3-29.2 shall also apply.
ITINERANT ESTABLISHMENT
An establishment that intends to be in business in Bogota for a period of time less than 30 days from the date of obtaining a license. The fact that an establishment does not have telephone number, business address, or tax identification number shall be prima facie evidence of the intent to remain in business for a period of time less than 30 days.
LICENSE YEAR
The time period covering January 1 through December 31 of the year for which a license is issued pursuant to this section.
LIQUID NICOTINE
Any solution containing nicotine, which is designed or sold for use with an electronic smoking device.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells, distributes, gives or offers for sale electronic smoking devices, electronic liquids and/or liquid nicotine.
SALE
Every delivery of electronic smoking devices, electronic liquids and/or liquid nicotine, whether the same is by direct sale or the solicitation or acceptance of an order, including exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
a. 
No person shall conduct, maintain or operate a retail electronic smoking device establishment that sells, distributes or gives electronic smoking devices, electronic liquids and/or liquid nicotine without first obtaining from the Bogota Health Department a license to do so.
b. 
Fees in accordance with the following schedule shall be paid before any license required in this section shall be issued or renewed:
Type
Fee
Electronic smoking device establishment license
$1,500
c. 
Licenses issued under the provisions of this section, unless forfeited or revoked by the Bogota Health Department, shall expire annually on the 31st day of December of each year and must be renewed.
d. 
No license is transferrable by sale of the establishment or otherwise. A license is valid only for the specific premises listed thereon.
e. 
Such license shall be posted in a conspicuous place in such establishment.
f. 
No itinerant establishments shall be permitted to obtain an electronic smoking device establishment license.
a. 
No person shall sell, distribute or give electronic smoking devices, electronic liquids and/or liquid nicotine in the Borough of Bogota unless an employee of the establishment controls the sale of such products. A person may only sell electronic smoking devices, electronic liquid and/or liquid nicotine in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of electronic smoking devices, electronic liquids and/or liquid nicotine shall be prohibited.
b. 
No person shall sell, distribute, or give electronic smoking devices, electronic liquid and/or liquid nicotine to any person under the age of 21 years. Any person selling electronic smoking devices, electronic liquids and/or liquid nicotine shall verify a person's age by means of a government-issued photographic identification containing the bearer's date of birth. No such verification is required for any person over the age of 26. No clerk shall sell electronic smoking devices, electronic liquids and/or liquid nicotine to a person less than 21 years of age based upon a note or any form of communication from any other person.
c. 
No retail electronic smoking device establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the Bogota ordinances and state laws pertaining to the sale of electronic smoking devices, electronic liquids and/or liquid nicotine and has signed a statement that they have read such ordinances and state laws. Such form statement will be supplied by the Bogota Health Department, and all signed original statements shall be kept on file by the retail electronic smoking device establishment and made immediately available at all times for review by the Bogota Health Department.
d. 
The sale of any electronic smoking device refill liquid, whether or not such liquid contains nicotine, that is intended for human consumption that is not contained in packaging that is child-resistant is prohibited, as set forth in N.J.S.A. 2A:170-51.9 et seq.
e. 
License holders can only do in-person marketing and sales of electronic smoking devices, electronic liquids and/or liquid nicotine at the business address of the retail electronic smoking device establishment. There shall be no cross marketing or sales at nonregistered retail locations and mobile locations, including, but not limited to, street fairs, local fairs, festivals, etc.
a. 
This section shall be enforced by the Bogota Health Department and/or other municipal officials of the Borough of Bogota.
b. 
Whenever the Bogota Health Officer or Registered Environmental Health Specialist (REHS) (hereinafter the "enforcement officer") reasonably believes that there exists a violation of this section, such enforcement officer may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including references to the section of this chapter alleged to have been violated. The complaint shall be hand-delivered or sent via certified mail to the alleged violator.
c. 
The enforcement officer, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
d. 
It shall be unlawful for any person to obstruct the Health Officer or REHS, and such enforcement officer may request the assistance of the Bogota Police Department when necessary to execute their official duties in a manner prescribed by law.
e. 
Any person found to be in violation of this section shall cease the sale of electronic smoking devices, electronic liquids and/or liquid nicotine immediately and shall not resume such sales until the violation(s) have been abated and all fines have been paid.
f. 
Citizens may bring complaints against violators of this section.
a. 
Any person(s) found to be in violation of the provisions of this section shall be subject to the following penalties. For any and every violation of any of the provision(s) of this section, the violator of said provision(s) will be subject to a fine of not less than $1,200 and not more than $2,500 per violation. No fines shall be issued for 60 days following the publication of this section.
b. 
Each violation of this section shall constitute a separate violation.
c. 
In addition, any violator of this section shall be subject to having any Borough license held by the violator suspended or revoked or to be fined. No such action may be taken unless the requirements of due process are satisfied.
d. 
These penalties are in addition to any penalties that may be imposed, including, but not limited to, penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 et seq. and N.J.S.A. 2C:33-13.1 et seq.
e. 
Fines and sanctions associated with this section shall be dedicated and used to fund the development and maintenance of programs related to tobacco cessation, prevention and control and shall be made available for use by the Bogota Advisory Committee on Substance Abuse (BACSA). The monies shall be maintained by the Chief Financial Officer or Comptroller of the Borough of Bogota.