[Editor's Note: For restrictions prohibiting dumping and the abandoning of vehicles, see Chapter 9, Property Maintenance.]
[Ord. #9-88, Preamble]
The Township Committee deems it necessary and proper to provide
for the protection of our local schools against the influx of drug
trafficking and to establish drug-free school zones, with enhanced
penalties for violation of New Jersey Code of Criminal Justice respecting
the illegal use of drugs.
[Ord. #9-88 §§ 1 and 2]
a.
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7,
the Drug-Free School Zone Map produced on or about August, 1988 by
N.B. Rodman, P.E., (Municipal Engineer) is hereby approved and adopted
as an official finding and record of the location and areas within
the municipality of property which is used for school purposes and
which is owned by or leased to any elementary or secondary school
or School Board, and of the areas on or within one thousand (1,000')
feet of such school property.
b.
The Drug-Free School Zone Map approved and adopted pursuant to paragraph
a of this subsection shall continue to constitute an official finding
and record as to the location and boundaries of areas on or within
one thousand (1,000') feet of property owned by or leased to any elementary
or secondary school or School Board which is used for school purposes
until such time if any that this section shall be amended to reflect
any additions or deletions with respect to the location and boundaries
of school property and Drug-Free School Zones.
[Ord. #9-88 § 3]
The School Board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or School Board and which is
used for school purposes.
[Ord. #9-88 § 4]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-1.2 and to provide at a reasonable cost a true copy thereof in any person, agency or court which may request such a copy, along with a certification that such a copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such a map and of this section shall be provided without cost to the County Clerk and to the office of the Warren County Prosecutor.
[Ord. #9-88 § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-1.2 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State Law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
b.
(Except as is otherwise expressly noted on the face of the approved
and adopted map.) All of the property depicted on the map approved
and adopted herein as school property was owned by or leased to a
elementary or secondary school or School Board and was being used
for school purposes as of July 9, 1987, that being the effective date
of L. 1987, c. 101 (N.J.S.A. 2C:35-7).
c.
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not
precluded from introducing or relying upon any other evidence or testimony
to establish a violation of the offense defined in that Statute, including
use of a map or diagram other than the one approved or adopted pursuant
to subsection 3-1.7. The failure of the map approved herein to depict
the location and boundaries of any property which is, in fact, used
for school purposes and which is owned by or leased to any elementary
or secondary school or School Board, whether the absence of such depiction
is the result of inadvertent omission or the result of any changes
in the location and boundaries of such property which have not yet
been incorporated into a revised approved map, shall not be deemed
to be an official finding and record that such property is not owned
by or leased to a school or School Board, or that such property is
not used for school purposes.
d.
All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a Drug-Free School Zone map
have been complied with.
Prior ordinance history: Ordinance No. 92-05.
[Ord. # 2012-08; amended 12-20-2023 by Ord. No. 2023-18]
As used in this Section 3-2, the following terms shall have the following meanings:
Shall mean putrescible animal and vegetable waste resulting
from handling, preparation, cooking and consumption of food.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Shall mean any and all streets, sidewalks, boulevards, alleys,
beaches or other public ways and any and all public parks, squares,
spaces, docks, grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid waste consisting of both
combustible and noncombustible waste such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, ragweed and other trash or debris.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway or road,
including devices used exclusively upon stationary rails or tracks.
[Ord. # 2012-08]
No person shall sweep, throw, deposit, dump or maintain litter
in or upon any occupied, open or vacant property, whether owned by
such person or not, or in or upon any streets, sidewalks, park or
public place or any pond, lake or stream or other body of water within
the Township except in public receptacles or in authorized private
receptacles for collection.
[Ord. # 2012-08]
Persons placing litter in public receptacles or in private authorized
commercial, residential or industrial receptacles and solid waste
disposal bins shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
[Ord. # 2012-08]
No person will be permitted to sweep into or deposit in any
gutter, street, catch basin or other public place any 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 of litter. All litter sweepings shall be
collected and properly containerized for disposal.
[Ord. # 2012-08]
[Ord. # 2012-08]
No person shall bring, cart, remove, transport or collect any
litter from outside the Township and bring it into the Township for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the Township shall
be parked or allowed to remain standing on any street in the Township
or on any public property for a period in excess of twenty-four (24)
hours.
[Ord. # 2012-08]
Whenever it is discovered that there is located upon any private property an accumulation of litter and it is determined that, for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, any such accumulation of litter should be removed, the owner or tenant of said lands shall be served with a notice by the Director of Public Works requiring such owner or tenant to remove such accumulation of litter from said premises. Failure of such owner or tenant to remove such accumulation of litter shall constitute a violation of this Section 3-2.
[Ord. # 2012-08]
If any owner or tenant of property who has been ordered to remove
an accumulation of litter shall fail or refuse to do so, the Township
of Frelinghuysen may cause such accumulation of litter to be removed.
The Director of Public Works in charge of such removal shall certify
the cost thereof to the Township Council, which shall examine the
certificate and, if found to be correct, shall cause the cost as shown
thereon to be charged against said lands in accordance with the provisions
of N.J.S.A. 40:48-2.13. The amount so charged shall forthwith become
a lien upon such lands and shall be added to and form a 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 same officers and in the same manner as taxes.
[Ord. # 2012-08]
Any person who dumps litter in violation of this Section 3-2 in an amount not exceeding fifteen (15) pounds in weight or twenty-seven (27) cubic feet in volume and not for commercial purposes shall be subject to a minimum fine or penalty of fifty ($50.00) dollars. Any person violating any provision of this Section 3-2 in an amount exceeding fifteen (15) pounds in weight or twenty-seven (27) cubic feet in volume shall be subject to a minimum fine or penalty of five hundred ($500.00) dollars and shall be subject to the minimum fine and other penalties as specified in Chapter 1, Section 1-5, General Penalty.
[Ord. #92-05]
It is unlawful for any person to place, to cause to be placed,
or to hire another person to place any advertisement, handbill or
unsolicited materials of any kind in or on any street, sidewalk, building
or vehicle within the community in such a manner that it may be removed
by natural forces.
[Ord. #92-12 § 1]
No person shall serve, sell, dispense, drink or consume any
alcoholic beverage on a public street, highway, avenue, alley or road
of this Township or upon any public grounds, parks, sidewalks or in
any automobile or other vehicle or any other means of transportation
while on the public streets, highways, alley, avenues, public grounds,
parks, sidewalks, recreation areas or on property under municipal
control.
[Ord. #92-12 § 2]
No person shall possess any open bottle, can or container which
contains alcoholic beverages on any public street, highway, avenue,
alley or road of the Township or upon any public grounds, parks, sidewalks
or in any automobile or other vehicle or any other means of transportation
while on the public streets, highways, alleys, avenues, public grounds,
parks, sidewalks, recreation areas or on property under municipal
control.
[Ord. #98-05 § 1]
Shall mean:
Shall not be permitted on premises.
Shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
Shall mean:
A commercial establishment which as one of its principal business
purposes offers for sale, rental or display any of the following:
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Books, magazines, periodicals or other printed materials of
photographs, films, motion pictures, video cassettes, slides or other
visual representations which depict or describe a specified sexual
activity or specified anatomical area or still or motion picture machines,
projectors or other image producing devices which show images to one
(1) person per machine at any one (1) time, and where the images so
displayed are characterized by the depiction of a specified sexual
activities or specified anatomical area, or instruments, devices or
paraphernalia which are designed for use in connection with a specified
sexual activity, or
|
A commercial establishment which regularly features waiters,
waitresses, dancers, or other live performances characterized by the
exposure of a specified anatomical area, or by a specified sexual
activity cassettes, slides or other photographic representations which
depict or describe a specified sexual activity or specified anatomical
area. Excluded are commercial establishments that operate with a liquor
license.
A hotel, motel or similar commercial establishment which offers
accommodations to the public for any form of consideration, and which
provides patrons with closed-circuit television transmission, films,
motion pictures, video cassettes, slide or other visual representation
which depict or describe a specified sexual activity or specified
anatomical area and has a sign availability of those visual representations,
and offers a sleeping room for rent for a period of time that is less
than ten (10) hours; and allows an occupant of a sleeping room to
sub-rent the room for a period of time that is less than ten (10)
hours.
Shall mean:
Shall mean:
[Ord. #98-05 § 2]
a.
No persons shall operate a sexually oriented business within one
thousand (1000') feet of any existing sexually oriented business,
or any church, synagogue, temple or other place of public worship,
or any elementary or secondary school or any school bus stop, or any
municipal or County playground or place or public resort and recreation,
or within five hundred (500') feet of any area zoned for residential
use or within one thousand (1000') feet of a public or private recreational
facility, including but not limited to bowling alleys, skating rinks,
pool parties, video arcades or similar enterprises catering to or
frequently attended by minors under the age of eighteen (18) years.
This subsection shall not apply to a sexually oriented business already
lawfully operating on the effective date of this section where another
sexually oriented business, an elementary or secondary school or school
bus stop or any municipal or County playground or place of public
resort and recreation is subsequently established within one thousand
(1000') feet of a residential district or residential lot is subsequently
established within five hundred (500') feet.
b.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least fifty (50') feet in width, consisting of plantings
to the satisfaction of the Township Planning Board. This subsection
shall not apply to a sexually oriented business already lawfully operating
on the effective date of this section.
c.
No sexually oriented business which regularly shows films, motion
pictures, video cassettes, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area shall offer for public use any private booths, screens,
enclosures or other devices which facilitate sexual activity by patrons.
d.
A sexually oriented business shall display one (1) exterior sign
giving notice that the premises are off-limits to minors.
[Ord. #98-05 § 3]
Any person, firm or corporation violating any of the provisions
of this section shall be subject to one (1) or more of the following:
imprisonment in the county jail or in any other place provided by
the Township for the detention of prisoners for any term not exceeding
ninety (90) days or by a fine not exceeding one thousand ($1000.00)
dollars or by a period of community service not exceeding ninety (90)
days, to become effective on the effective date of this section.
[Ord. #2000-02 § 1]
In accordance with and pursuant to the authority of P.L. 1999,
Ch. 185 the following is a list of school crossings which have been
so designated by the Township of Frelinghuysen:
Route 94
[Ord. #2000-02 § 2]
The Drunk Driving Free School Zones Map produced on or about
March, 2000 by N.B. Rodman, P.E., the Township Engineer is hereby
approved and adopted as an official finding and record of the location
and areas within the municipality of property which is used for school
purposes and which is owned by or leased to any elementary or secondary
school on school land and of the areas on or within one thousand (1,000)
feet of such school property.
[Ord. #2000-02 § 3]
The Drunk Driving Free School Zones Map approved and adopted
shall continue to constitute an official finding and record as to
the location and boundaries of areas on or within one thousand (1,000)
feet of property owned by or leased to any elementary or secondary
school or school board which is used for school purposes until such
time, if any, that this section shall be amended to reflect any additions
or deletions with respect to the location and boundaries of school
property and Drunk Driving Free School Zones. The list of school crossings
designated by the Township Committee shall continue to constitute
an official finding and record of the location of school crossing
zones within the Township of Frelinghuysen until such time, if any,
that this section be amended to reflect any additions or deletions
with respect to school crossing zones in Frelinghuysen Township.
[Ord. #2000-02 § 4]
The School Board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the office of the
Township Engineer and the Township Attorney of any changes or contemplated
changes in the location and boundaries of any property owned by or
leased to any elementary or secondary school or school board and which
is used for school purposes or of any additions or deletions to school
crossings.
[Ord. #2000-02 § 5]
The Township Clerk is hereby directed to receive and to keep
on file the original of the map approved and adopted, the list of
school crossings and to provide at a reasonable cost a true copy thereof
to any person, agency or court which may from time to time request
such a copy, along with a certification that such copy is a true copy
of the map approved and adopted herein and kept on file. It is hereby
further directed that a true copy of such map and list of this section
shall be provided without cost to the Warren County Clerk and to the
office of the Warren County Prosecutor.
[Ord. #2000-02 § 6]
The following additional matters are hereby determined, declared,
recited and stated:
It is understood that the map and list approved and adopted
pursuant to this section were prepared and are intended to be used
as evidence in prosecutions arising under the criminal and traffic
laws of this State and that, pursuant to State law, such map and list
shall constitute prima facie evidence of the following:
a.
The location of elementary and secondary schools within the municipality.
b.
The boundaries of the real property which is owned by or leased to
such schools or a school board.
c.
That such school property is and continues to be used for school
purposes.
d.
The location and boundaries of areas which are on or within one thousand
(1,000) feet of such school property.
e.
The location of all school crossings in the Township of Frelinghuysen.
[Ord. #2002-01 § 1]
In view of the indiscriminate and uncontrollable sales of cigarettes
to minors by way of automatic vending machines within the Township
of Frelinghuysen, all cigarette vending machines or other mechanical
devices of a similar nature for the sale of cigarettes or tobacco
products are prohibited within the geographic borders of the Township
of Frelinghuysen.
[Ord. #2002-01 §§ 2, 3]
a.
Any person owning, operating, renting or permitting the use of a
cigarette vending machine or other mechanical devices of a similar
nature for the indiscriminate sale of cigarettes or other tobacco
products on premises under his, her or its control shall be subject
to the general penalty provisions of the police regulations of the
Township of Frelinghuysen.
b.
Each day during which such a machine is owned, operated, rented or
permitted on the premises within the Township of Frelinghuysen shall
result in a separate violation.
[Ord. #2003-07 § 1]
No person shall willfully and maliciously ring or cause to be
rung any bell or alarm of any fire company, ambulance association
or Police Department, thereby giving or causing to be given a false
alarm of fire, ambulance or other emergency call, or shall willfully
send any message of false alarm by telephone or by any other methods
or means.
[Ord. #2003-07 § 2]
Any person, firm or corporation who shall willfully cause a
false alarm of any kind to be transmitted shall be subject to a fine
of not less than one hundred ($100.00) dollars nor more than one thousand
($1,000.00) dollars and/or imprisonment for not exceeding ninety (90)
days or ninety (90) days community service at the discretion of the
Judge of the Municipal Court of North Warren at Hope.
[Ord. #2003-07 § 3; Ord. #2006-15 § 1;
Ord. #2007-03 § 1]
Any person, firm or corporation who shall unintentionally cause
to be transmitted by mechanical failure, automatic alarm or such other
mechanical device a false alarm shall be subject to the following
provisions:
a.
The Fire Chief shall maintain a written log of all alarms received
and equipment and/or personnel dispatched in response to said alarm,
noting the date and time of each said alarm.
b.
During each consecutive twelve-month period, it shall not be lawful
for any person, firm or corporation that maintains a fire alarm system
in the Township of Frelinghuysen to transmit more than four (4) false
alarms in connection with the maintenance and operation of said alarm
system. All such persons, firms or corporations shall diligently maintain
their fire system alarm so as to avoid the transmission of such false
alarms.
c.
The following penalties shall be imposed for the transmission of
false automatic fire alarms in excess of four (4) false alarms:
1.
For all alarms in excess of four (4) but not in excess of eight (8)
within a consecutive twelve-month period, there shall be a fine of
one hundred ($100.00) dollars for each false alarm in the excess of
four (4) during any such consecutive twelve-month period.
2.
In addition to any penalties assessed under subsection 3-8.3c1, for all false alarms in excess of eight (8) but not in excess of sixteen (16) within a consecutive twelve-month period, there shall be a fine of two hundred fifty ($250.00) dollars for each false alarm in excess of eight (8) during any such consecutive twelve-month period.
3.
In addition to any penalties assessed under subsection 3-8.3c1 and 2, for all false alarms in excess of sixteen (16) within a consecutive twelve-month period, there shall be a fine of one thousand ($1,000.00) dollars for each false alarm in excess of sixteen (16) during any such consecutive twelve-month period.
[Ord. #2003-07 § 4]
All fines payable under the terms of this section shall be payable
to the Township of Frelinghuysen.
[Ord. #2003-07 § 5]
Whenever, under the provisions of this section, the Fire Chief
or any authorized representatives he may have designated are empowered
to make a decision with respect to the installation, operation and
maintenance of any alarm equipment or with respect to the issuance
or denial of any application relating thereto, any person aggrieved
by said decision may, within ten (10) days following said decision,
file a written appeal therefrom with the Municipal Clerk, whereupon
the Township Committee shall promptly conduct a hearing and affirm,
modify or reverse the decision appealed from by simple majority.
[Ord. #2003-07 § 6]
The Township Committee may, from time to time, promulgate rules
and regulations supplementing this section in order to provide for
recordkeeping of fire alarm systems.
[Ord. #2003-07 § 7]
The Township of Frelinghuysen shall not be deemed to be under
any duty or obligation with respect to the operation of any fire alarm
system operated in the Township of Frelinghuysen. Nothing contained
in this section shall impose liability on the Township of Frelinghuysen,
its employees or agents or individual members of the Police or Fire
Department concerning their response to alarms.
