[1]
Editor's Note: Prior ordinance history includes positions of 1979 Code §§ 4-1.1 — 4-1.13 and Ordinance Nos. 26-7, 26-21, 27-15, 30-30, 32-1 and 46-26.
[Editor's Note: The general power to adopt local Police ordinances of all kinds is contained in N.J.S.A. 40:48-1, 2.]
[Ord. No. 49-78 § I]
The purpose of this section is to establish requirements to control littering in the City of Linden, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 49-78 § II; Ord. No. 52-46 § 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean chewing gum, or any other consumed or unconsumed food product. The appropriate municipal departments shall be and hereby are empowered to erect appropriate signage to warn of the prohibition set forth in this section and the penalties therefor.
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. No. 49-78 § III; Ord. No. 53-19 § 1; Ord. No. 53-35 § 1; Ord. No. 54-26; Ord. No. 55-21]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
c.
Casting of Advertisements. No person shall cast or place, or cause to be placed, in any of the streets of the City or on the sidewalks thereof, or into vestibules or yards, or upon porches of any dwelling houses or other buildings, or on private property within the limits of the City, or into any vehicle while on the public highways or public places thereof, any paper, advertisement, handbill, circular or waste paper; provided that nothing contained herein shall be held to apply to newspapers and addressed envelopes delivered to subscribers and addresses.
1.
All deliveries of newspapers, tabloids, or any other type of periodical not sent via the United States Postal Service to any residence shall be made by placement of the aforesaid newspaper, tabloid or periodical by the delivering party upon the porch or uppermost step leading to the front or side entrance to such residence, but in no event shall any such newspaper, tabloid or periodical be placed further than three (3) feet from the door of said entrance.
2.
In no event shall any item subject to delivery referred to in the preceding paragraph be left, thrown, or otherwise deposited upon or into the shrubbery, lawn, or sidewalk of said residence.
d.
Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or into any sewer or catch basin within the City or upon private property.
e.
Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
f.
Transportation from Outside City.
1.
No person shall bring, remove, transport, collect or dispose of any litter from outside the City into the City for the purpose of dumping or disposing thereof, nor shall any person allow any of the aforementioned acts to occur, unless authorized by ordinance of the City of Linden.
2.
No truck or other vehicle containing litter which has been transported into the City shall be parked or allowed to remain standing on any street in the City or any public property for a period in excess of two (2) hours.
g.
Litter Receptacles. Litter receptacles may be placed by the City at the following public places which exist in the municipality: sidewalks used by pedestrians in active commercially-zoned areas; buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks. Said receptacles are for pedestrian use only.
The proprietors of drive-in restaurants, street vendor locations, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, trailer parks, and special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals shall place appropriate receptacles for the collection of litter and shall be responsible for providing, servicing and collecting from the receptacles.
h.
Storage of Trash. Trash, consisting of any bulky household items such as appliances, furniture, mattresses and similar materials shall not be stored in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
i.
Accumulation of Debris/Litter on or Around Construction Sites. No person shall allow the accumulation of debris or litter on or around construction sites, or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property.
j.
Waste Disposal Bins. No person shall allow or be allowed to maintain open or overflowing commercial, industrial or residential waste disposal bins on their properties.
k.
Obstruction and Nuisances. Every owner, lessee, tenant, occupant or person in charge of any building or structure is required to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and to keep the sidewalks, areaways, backyards, courts and alleys free from litter.
l.
Prohibition of Dumping, Depositing or Storage of Snow or Ice within the City of Linden.
1.
Except as set forth in subsection 3-1.3l2, shall be unlawful for any person or entity to allow or permit the dumping, depositing or storage of snow or ice upon any public or private property within the City of Linden, where such snow or ice was transported to such property from another location. This provision shall not apply to snow or ice removal activities by the City of Linden or any of its departments, divisions or employees. It shall also be prohibited by any person to shovel snow into the streets of the City.
2.
The storage of snow or ice, where such snow or ice was transported to such property shall be permitted on private property in any property in HI (Heavy Industrial Zone) or the LI (Light Industrial Zone) of the City of Linden, provided such property is located a minimum of five hundred (500) feet from any residences, and the snow or ice is not contaminated.
[Ord. No. 49-78 § IV]
This section shall be enforced by the Police Department and Department of Public Works of the City of Linden.
[Ord. No. 49-78 § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars, imprisonment in the County jail of up to ninety (90) days, or ninety (90) days community service in the discretion of the Municipal Judge.
[Amended in entirety 3-18-2025 by Ord. No. 69-3. Prior history includes 1979 Code §§ 4-2.1—4-2.4 and Ordinance Nos. 26-61, 27-21, 29-50; Ord. No. 41-7; Ord. No. 60-5; 12-19-2023 by Ord. No. 67-78.]
[Added 3-18-2025 by Ord. No. 69-3]
a.
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and,
b.
Whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and,
c.
Whereas the people have a right to, and should be ensured of, an environment free from excessive sound,
d.
Now therefore, it is the policy of the City of Linden to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life; and
e.
This section shall apply to the control of sound originating from sources within the City of Linden.
[Added 3-18-2025 by Ord. No. 69-3]
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section have the same meaning as those defined in N.J.A.C. 7:29.
Means any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
Means the sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.
Means any dismantling, destruction or removal of buildings, structures, or roadways.
Means the New Jersey Department of Environmental Protection.
Means any work or action necessary at the site of an emergency to restore or deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
Means either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
Means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
Means any vehicle that is propelled other than by human or animal power on land.
Means a properly functioning sound dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
Means any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
Means any distinct parcel of land that is used for more than one category of activity.
Examples include, but are not limited to:
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
Means an employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
Means an employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
Means any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
Means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
Means either a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). (Note: this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall)).
Means any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
Means any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
Means any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Means beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Added 3-18-2025 by Ord. No. 69-3]
a.
This model noise ordinance applies to sound from the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Added 3-18-2025 by Ord. No. 69-3]
b.
Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
[Added 3-18-2025 by Ord. No. 69-3]
a.
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this section and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any section of this section that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
[Added 3-18-2025 by Ord. No. 69-3]
a.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in paragraph b of this section and with the definition of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property line the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
[Added 3-18-2025 by Ord. No. 69-3]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-2.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in paragraph b.
b.
Impulsive Sound.
1.
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 dBA. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 dBA. Impulsive sound which repeats four or more times in any hour shall meet the requirements as shown in Table I.
Table I Maximum Permissible A-Weighted Sound Levels When Measured Outdoors | |||
|---|---|---|---|
RECEIVING PROPERTY CATEGORY | Residential property, or residential portion of a multi-use property | Commercial facility, non-residential portion of a multi-use property, or community service facility | |
TIME | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 24 hours |
Maximum A-Weighted sound level standard, dB | 65 | 50 | 65 |
Table II Maximum Permissible A-Weighted Sound Levels When Measured Indoors | |||
|---|---|---|---|
RECEIVING PROPERTY CATEGORY | Residential property, or residential portion of a multi-use property | Commercial facility or non-residential portion of a multi-use property | |
TIME | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 24 hours |
Maximum A-Weighted sound level standard, dB | 55 | 40 | 55 |
Note: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property. |
Table III Maximum Permissible Octave Band Sound Pressure Levels in Decibels | ||||||
|---|---|---|---|---|---|---|
Receiving Property Category | Residential property, or residential portion of a multi-use property OUTDOORS | Residential property, or residential portion of a multi-use property INDOORS | Commercial facility, non-residential portion of a multi-use property, or community service facility OUTDOORS | Commercial facility or non-residential portion of a multi-use property INDOORS | ||
Octave Band Center Frequency, Hz. | Octave Band Sound Pressure Level, dB | Octave Band Sound Pressure Level, dB | Octave Band Sound Pressure Level, dB | Octave Band Sound Pressure Level, dB | ||
Time | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. | 24 hours | 24 hours |
31.5 | 96 | 86 | 86 | 76 | 96 | 86 |
63 | 82 | 71 | 72 | 61 | 82 | 72 |
125 | 74 | 61 | 64 | 51 | 74 | 64 |
250 | 67 | 53 | 57 | 43 | 67 | 57 |
500 | 63 | 48 | 53 | 38 | 63 | 53 |
1,000 | 60 | 45 | 50 | 35 | 60 | 50 |
2,000 | 57 | 42 | 47 | 32 | 57 | 47 |
4,000 | 55 | 40 | 45 | 30 | 55 | 45 |
8,000 | 53 | 38 | 43 | 28 | 53 | 43 |
Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement. |
[Added 3-18-2025 by Ord. No. 69-3]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in subsection 3-2.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
Table IV Maximum Permissible Increase in Total Sound Levels Within a Residential Property | |
|---|---|
Weeknights 10:00 p.m. to 7:00 a.m. Weekend nights 11:00 p.m. and 9:00 a.m. | All other times |
3 dB(C) | 6 dB(C) |
[Added 3-18-2025 by Ord. No. 69-3]
The following standards shall apply to the activities or sources of sound set forth below:
a.
Power tools, home maintenance tools, landscaping and/or yard maintenance equipment, excluding when used for emergency work, shall not be operated on a residential property between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I, II and III. At all other times, the limits set forth in Tables I, II and III do not apply. All motorized equipment used in these activities shall be operated with an original, properly functioning, manufacture installed muffler and/or sound reduction device or an original equipment manufacturer (OEM) acoustically equivalent muffler and/or sound reduction device.
b.
Power tools, landscaping and/or yard maintenance equipment, excluding when used for emergency work, shall not be operated on a commercial facility, community service facility, industrial facility, or public space unless such activities can meet the applicable limits set forth in Tables I, II and III. All motorized equipment used in these activities shall be operated with an original, properly functioning, manufacture installed muffler and/or sound reduction device or an OEM acoustically equivalent muffler and/or sound reduction device.
c.
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays, unless such activities can meet the applicable limits set forth in Tables I, II and III. At all other times, the limits set forth in Tables I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with an original, properly functioning, manufacture installed muffler and/or sound reduction device or an OEM acoustically equivalent muffler and/or sound reduction device.
d.
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II or III do not apply.
e.
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II or III do not apply.
f.
Self-contained, portable, non-vehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
g.
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking, etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or,
2.
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
3.
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
[Added 3-18-2025 by Ord. No. 69-3]
Violations of each paragraph of this section shall be considered purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
[Added 3-18-2025 by Ord. No. 69-3]
a.
Violation of any provision of this section shall be cause for a Notice of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
b.
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this section that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-2.2 of this section a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the City of Linden. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014, will be issued. If a non-minor violation is immediately corrected, a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
f.
The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based on the following factors:
[Added 3-18-2025 by Ord. No. 69-3]
a.
If any provision or portion of a provision of this section is held to be unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated.
b.
All ordinances or parts of ordinances, which are inconsistent with any provisions of this section, are hereby repealed as to the extent of such inconsistencies.
c.
No provisions of this section shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this section or from other law.
[Added 3-18-2025 by Ord. No. 69-3]
This section shall take effect in the manner provided by law.
[1979 Code § 4-26.1; Ord. No. 26-45 § 1]
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 July 29, 1987 by John A. Ziemian, Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the City 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.
[1979 Code § 4-26.2; Ord. No. 26-45 § 2]
The drug-free school zone map approved and adopted pursuant to subsection 3-3.1 of this section 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.
[1979 Code § 4-26.3; Ord. No. 26-45 § 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.
[1979 Code § 4-26.4; Ord. No. 26-45 § 4]
The Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-3.1, and to provide at a reasonable cost a true copy to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Union County Prosecutor.
[1979 Code § 4-26.5; Ord. No. 26-45 § 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 3-3.1 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 City;
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 school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-3.1. 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 N.J.S.A. 2C:35-7, concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
[Ord. No. 44-07 § 1]
a.
Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent offense. The Municipal Court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months the driving privilege of the defendant.
b.
Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Municipal Court shall forward a report to the Division of Motor Vehicles 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 bicycle, shall commence on the day the 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 Division 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 set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e.
The Court shall, of any person convicted under this section who is not a New Jersey resident, 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 a 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.
f.
This section does not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
g.
This section does 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; however, no ordinance enacted pursuant to this section shall 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. No. 44-07 § 2]
For the purpose of the above, the following definitions apply:
Shall mean a person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[1979 Code § 4-16.1]
No person shall possess an open container containing an alcoholic beverage nor shall any person drink, imbibe, or consume any alcoholic beverage in or upon:
a.
A public street, sidewalk, public parking place, park, playground, or recreational area, or any other public place.
b.
A public conveyance.
c.
A private motor vehicle while it is in motion or parked on any public street, lane, public parking lot, or public place.
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.
[1979 Code § 4-16.2]
No person shall discard alcoholic beverage containers, cans, or bottles, upon any public street, sidewalk, public parking lot, any other public place, or upon private property not his or her own without the express permission of the owner.
[1979 Code § 4-16.4]
Notwithstanding the provisions contained in subsections 3-5.1 and 3-5.2, the Council may by 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 in connection with any purpose or events which have been authorized by the City.
[1979 Code § 4-16.5]
Application for a permit to consume alcoholic beverages in a public park, playground, recreational area, or other public place shall be made to the Recreation Department.
[1979 Code § 4-17; Ord. No. 22-8 § 1; New; amended 8-18-2020 by Ord. No. 64-33]
a.
It shall be unlawful to sell, offer for sale, possess, use or discharge fireworks in the City without a valid permit except that a person 16 years of age or older may lawfully buy, possess and use sparkling devices and novelties. These permissible fireworks are limited to hand held or ground based sparklers, snakes, and glow worms; and trick noisemakers, including party poppers, snappers, and drop pops.
b.
Any municipality, religious, fraternal or civic organization, fair associations, amusement parks, or other organizations or groups of individuals seeking to discharge fireworks must obtain a permit from the City by submitting an application in writing to the City Clerk, and post a bond. Both the Chief of Police and the Fire Chief or their designees must approve the permit. The permit, if issued shall contain an identification number, specify the type of fireworks to be used, and shall name one person who shall be authorized to purchase, or otherwise order, and receive delivery of any fireworks.
c.
Fireworks by permit or those permitted by law shall not be discharged between the hours of 10:00 p.m. and 8:00 a.m.
d.
Fireworks by permit or those permitted by law shall not be discharged on City property including but not limited to City parks, City parking lots and City Streets and fireworks shall not be discharged within 15 feet of any structure.
[Ord. No. 53-43 § 1]
As used in this section, the following terms shall have the meanings indicated:
Shall mean City of Linden, City Council of the City of Linden.
Shall mean every natural person, partnership, association or corporation, whether for profit or not.
Shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing municipal roadway, which is shown upon a plot hereto approved pursuant to law, which is on a plot duly filed and recorded in the office of the County Recording Officer, or which is approved by official action as provided by City Ordinance, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
[Ord. No. 53-43 § 1]
No person(s) shall cause or permit a municipal street to be closed for the purpose of conducting a street fair, sidewalk sale or block party without first obtaining:
[Ord. No. 53-43 § 1]
a.
Any person requesting permission of the City Council to close a municipal street shall file with the City Clerk an application requesting such permission. Said application shall include all information reasonably necessary for the Police Chief or his designees and the City Council to authorize such street closing, including, but not limited to, the following:
1.
Location of the proposed street closing.
2.
Period of such closing. Said period shall not exceed ten (10) continuous hours, and shall be no later than 10:00 p.m.
3.
Purpose of the street closing.
4.
Name, address and telephone number of the person(s) applying for street closure.
5.
Map of street or section of street to be closed, with proposed location of barricades to be used in restricting traffic through closed street.
6.
Agreement with the City of Linden Police Department for the employment of a police officer during the period of such closing at the discretion of the Police Chief.
7.
Barricade request form and accompanying deposit.
8.
Application fee of ten ($10.00) dollars made payable to the City of Linden.
9.
A certificate of insurance naming the City of Linden as an additional insured thereon with a limit of one million ($1,000,000.00) dollars per occurrence.
b.
The application shall be accompanied by the names and addresses of all persons and/or addresses of all property on the street, or sections thereof, proposed for closure. A copy of said application shall be mailed, or hand delivered, to every person and/or property on the street, or section thereof, proposed for closure. The applicant shall submit a certification that all of the above mentioned persons and/or property were so notified by mail, and failure to notify all persons will result in denial of permission to close the street or section thereof.
c.
Any person or persons or property so notified of the proposed street closing shall have the right to provide written objection to the to the City Clerk and/or City Council. Any person(s) and/or property who has provided written objection to the closure of any street, or section thereof, shall be notified by the City Clerk of the date and time when the City Council will consider granting permission for the street closure, and may request in writing that the Chief of Police hold a hearing on the street closure or section thereof.
d.
The Police Chief, or his/her designee, shall review the application and all accompanying attachments. The Police Chief must approve the street closure, or section thereof, based upon his opinion that the proposed street closing, or section thereof, will not create conditions inimical to the public health, welfare and safety, or unduly obstruct the free flow of traffic.
e.
The Police Chief shall approve the placement of all barricades to be used in restricting the flow of vehicular traffic. The Chief of Police shall also determine the need and the appropriate placement of any and all detour routes and may require the applicant to place detour signs.
f.
All permission by the Police Chief and the City Council for the closure of any street, or portion thereof, will be made on a first come first serve basis.
[Ord. No. 53-43 § 1]
It shall be unlawful to sell, serve or consume any alcoholic beverage on any street as defined in this section.
[Ord. No. 53-43 § 1]
a.
All persons submitting an application for street closure, or section thereof, if so required by the Police Chief, for the purpose of conducting a street fair, sidewalk sale or block party may, but are not required to, contract with the City of Linden Police Department for the employment of an officer or officers during the hours of operation of the street fair, sidewalk sale, or block party. The cost of employing the police officer or officers shall be at the hourly rate and by procedure set forth by the City of Linden and the City of Linden Police Department for outside employment of police officers.
b.
Fee and costs of the employment of police officers for a street fair, sidewalk sale, or block party shall be paid in advance. The form of contract for employment of a police officer shall be the contract regularly used by the City of Linden Police Department for outside employment of police officers.
[Ord. No. 53-43 § 1]
The person(s) requesting such street closure, or section thereof, shall conduct the operations so that there shall be minimal inconvenience to the general public. The street shall remain clear of all obstructions so as to allow for the adequate entry and movement of emergency vehicles. Upon the expiration of the permitted street closure, such street is to be reopened free of any debris, refuse, or other materials are to be disposed of in accordance with the City of Linden Garbage and Recycling Ordinances in effect.
[Ord. No. 53-43 § 1]
It shall be the duty and responsibility of any person(s) submitting the application for a street closure, or section thereof, to agree to save the City of Linden, its officers, employees and/or agents harmless from any costs, damages, and liabilities which may accrue or be claimed to accrue by reason of the street closure, or section thereof.
[Ord. No. 53-43 § 1]
It shall be the responsibility of the person(s) submitting an application for the closure of a street, or section thereof, to secure the necessary barricades and detour signs from the City of Linden's Department of Public Works. Said application for a street closure, or section thereof, shall be accompanied by a barricade request form. There shall be a deposit of fifty ($50.00) dollars per barricade and a fifteen ($15.00) dollar per detour sign in cash or check made payable to the City of Linden. The deposit fee shall be refunded upon the return of the barricades and/or detour signs to the City of Linden's Department of Public Works undamaged.
[Ord. No. 53-43 § 1]
This section shall not apply to any activities in that area of the City covered by the Special Improvement District.
[Ord. No. 53-43 § 1]
Any person(s) violating any of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars or, if the party so convicted is a natural person, such person may be imprisoned for a term not exceeding sixty (60) days, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
[1979 Code § 4-21.1; Ord. No. 25-13 § 1]
No person shall urinate or defecate on any public street, public sidewalk or in any other public place or in any other place open to and used by the public or outdoors upon any private property.
[1989 Code § 4-23.1; Ord. No. 25-23 § 1]
The discharging of any firearm at any place whatsoever in the City is prohibited.
[1972 Code § 4-23.2; Ord. No. 25-23 § 1]
This section shall not apply to any person or persons who shall be engaged in any public duty under the authority of the City, the State, or Federal government.
[New]
No person shall cause, attempt or threaten to cause bodily injury to another, either with or without a weapon or instrument, nor shall any person harass another, either in person or by the means of communication devices, nor shall any person engage in conduct reasonably resulting in a breach of the peace or posing any threat to the health, safety and welfare of any other person.
[Ord. No. 56-43]
No person shall purposely interfere with, hinder, disturb or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb or obstruct any retail or wholesale business owner, employee, agent or personnel acting in the furtherance of the interests of that business with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of the business. This subsection does not apply to conduct considered lawful competitive economic practices.
[Ordinance No. 56-43, codified herein was adopted August 21, 2012.]
Any person violating any provisions of this section shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the County jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days or by a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars or by a period of community service not exceeding ninety (90) days, to become effective on the effective date of this section.
[Ord. No. 58-28]
All burglar/intruder alarms shall be maintained in operative condition at all times. Alarm systems that transmit unnecessary alarms due to misuse, accidental activation, improper supervision, equipment malfunction or improper testing within from the same location, and within a twenty-four (24) hour period, shall be considered false alarms, and a violation may be issued as follows:
[1979 Code § 4-31.1; Ord. No. 27-43 § 1]
No person shall place in their garbage or trash, or otherwise discard or abandon in any public or private place accessible to any other person, whether or not the other person may be a trespasser, any disposable or reusable hypodermic needle or syringe, without first destroying the needle or syringe; nor shall any owner, lessee or other person in control of premises accessible to any other person, whether or not the other person may be a trespasser, knowingly permit discarded or abandoned hypodermic needles or syringes to remain on the premises in an intact condition.
[1979 Code § 4-31.2; Ord. No. 27-43 § 2]
A hypodermic needle or syringe shall be deemed destroyed only if:
a.
The needle is broken from the hub or mangled, in the case of a needle, and the nipple of the barrel is broken from the barrel or the plunger and barrel are melted, in the case of a syringe; or
b.
It is discarded as a single unit, without recapping, into a rigid container and the container is destroyed by grinding or crushing in a compactor, or by burning in an incinerator approved by the Department of Environmental Protection, or by any other method approved by the Department of Health.
[1979 Code § 4-31.4; Ord. No. 27-43 § 4]
The Police Department and Sanitary Inspector of the Department of Public Works shall have concurrent jurisdiction to enforce the provisions of this section.
[Ord. No. 51-80 § 1]
No person, merchant, vendor, retail or wholesale establishment or other entity shall display for sale or any other purpose in a window capable of being viewed from the exterior of the premises, any imitation firearm or any object or device reasonably capable of being mistaken for a firearm. Any violation of this section shall be punishable of a fine of up to one thousand ($1,000.00) dollars. Imprisonment for a term of up to six (6) months, or both, at the discretion of the Municipal Court.
[Amended in entirety 6-18-2024 by Ord. No. 68-25. Prior history includes 1979 Code § 4-28.1 – § 4-28.4; Ord. No. 27-40.]
[Amended 6-18-2024 by Ord. No. 68-25]
As used in this section:
Shall mean a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts, that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
Shall mean a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour.
Shall mean a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b), whose attainable speed is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface and which is not powered by gasoline or diesel fuel and complies with federal safety standards as set forth in 49 C.F.R. s.571.500.
Shall mean a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. This term shall not include a low-speed electric bicycle or low-speed electric scooter as defined in this section.
Shall mean a miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, low-speed electric bicycles, or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.
Shall mean a skateboard that is propelled otherwise than by muscular power.
Shall mean a platform or other board which is mounted on wheels or a board with roller skate wheels or other similar wheels affixed to the underside, having no mechanism or other device with which to steer or control the direction or movement while being used, operated or ridden.
[Amended 6-18-2024 by Ord. No. 68-25]
No person shall use, operate or ride upon any low speed vehicle, low speed electric bicycle, scooter and motorized bicycle, scooter and skateboard on any public sidewalk, and public parking lot.
[Amended 6-18-2024 by Ord. No. 68-25]
a.
Any Police Officer who shall observe any person using, operating or riding upon a low speed vehicle, bicycle, scooter or skateboard in violation of this section may take possession of the low speed vehicle, bicycle, scooter or skateboard and the same shall be forfeited to the City. The City may destroy same or sell same at public auction pursuant to law.
b.
No person shall construct, build, place or use in any manner whatsoever any ramp, tract or similar device or structure upon which skateboards are ridden in or upon any public property, including but not limited to any public park. For the purposes of this section, it shall be presumed that any person or persons using such a ramp, track or device are responsible for its construction or placement in violation of this section.
c.
Any Police Officer who shall observe any person constructing, building, placing or using such a ramp, track, or device in the manner described herein may take possession of same which shall be forfeited to the City. The City may destroy or sell same at public auction pursuant to law.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
No person shall install, use, or maintain any newsrack which projects onto, into, or over any part of the roadway of any public street or which rests wholly or in part upon any portion of a roadway.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
No person shall install, use or maintain any newsrack which in whole or part rests upon, in, or over any sidewalk when such installation, use, or maintenance endangers the safety of persons or property.
Any newsrack which in whole or in part rests upon, or over any sidewalk shall comply with the following standards:
a.
No newsracks shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in depth.
b.
Newsracks which are placed near a curb or adjacent to the wall of a building. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall. Newsracks placed near the curb shall be placed no less than six (6) inches from the edge of the curb.
c.
Newsracks may be chained or otherwise attached to one another; however, no more than three (3) newsracks may be joined together in this manner, and a space of no less than eighteen (18) inches shall separate each group of three (3) newsracks so attached.
d.
No newsrack, or group of attached newsracks allowed under paragraph c hereof, shall weigh, in the aggregate, in excess of one hundred twenty-five (125) pounds when empty.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within three (3) feet of any marked crosswalk.
2.
Within fifteen (15) feet of the curb return of any unmarked crosswalk.
3.
Within three (3) 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 ten (10) feet to the rear of any sign or other demarcation marking the beginning of a designated bus stop.
6.
Within three (3) feet of any bus bench, except where such bench is within a bus shelter, in which event this restriction shall not apply provided that the newsrack is not placed within such bus shelter.
7.
Within three (3) feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window or display purposes.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
No newsrack shall be used for advertising signs or publicity purposes other than the display, sale, or purchase of the newspaper or news periodicals sold therein. Any such newspaper or periodical shall have an average news content of sixty-five (65%) percent.
[1979 Code § 4-30; Ord. No. 27-33; Ord. No. 31-59 § 1]
Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
Every person who places or maintains a newsrack on the streets of the City shall have his name, address, and telephone number affixed thereto in a place where such information may easily be seen.
[1979 Code § 4-30; Ord. No. 27-33; § 1; Ord. No. 31-59 § 1]
Any person shall, within fifteen (15) days after beginning the maintenance, register his name, address, phone number, and location of the newsrack maintained in the City and shall pay an annual fee of ten ($10.00) dollars for each one and five ($5.00) dollars for each additional rack to defray the costs to the City for registration and inspection of the racks. For every subsequent year, the owner shall pay the annual fee as aforesaid by January 10 of that year. The owner shall at all times promptly notify the license inspector of any changes in the registration information.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
Any newsrack maintained in the City which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergent situation by a public officer, firefighter, ambulance corps or medic, may be summarily relocated by a public officer of the City to the nearest location not presenting the hazard. Any such relocation shall be reported as soon as reasonably possible to the license inspector who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this section.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
a.
The license inspector and Linden Police Department shall enjoy concurrent jurisdiction to enforce the provisions of this section.
b.
If any newspaper distribution box is determined to violate any of the provisions of this section, then a notice of violation shall be sent to the person designated to receive notices in the registration form.
c.
The notice shall state the specific provisions of this section which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specified provisions of this section within seven (7) business days. If the owner elects to cure the specified violation or violations within the time period, then the owner shall take all necessary curative actions prior to the expiration of the time period.
d.
Upon request, the City shall provide the owner or its representative with the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such information shall not toll the time for correcting or eliminating any violation, unless the City fails to provide such information within three (3) business days following the receipt of a request therefor. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one (1) week for the correction of any violation upon request and a showing of good cause, in his discretion.
[1979 Code § 4-30; Ord. No. 27-33 § 1; Ord. No. 31-59 § 1]
Any person who violates any of the provisions of this section, after having been served with a notice of violation and having failed to correct or eliminate the violation or violations in accordance with subsection 3-16.9 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each violation of a separate section of this section and each violation by a different newspaper distribution box shall constitute a separate offense. For the purposes of this section, a notice of violation as to one (1) or more specific newsracks shall be deemed to satisfy the initial notice of violation requirement as to all newsracks owned by the same owner within the City for the specific violation alleged.
[Ord. No. 52-12 § 1]
a.
Spray Paint shall mean any paint or pigmented substance in an aerosol or similar spray container or intended for use in an aerosol or similar spray container.
b.
It is unlawful for any person to sell or offer to any person under eighteen (18) years of age any spray paint, or hobby kit or any similar kind of kit containing spray paint and any ink marker, which is not water soluble, having a marking tip of one-half inch or more in length or width.
c.
No person may sell or offer to sell spray paint to any other person unless the buyer presents evidence of his or her identity and age.
d.
Containers of spray paint and any ink marker which is not water soluble, having a marking tip of one-half (1/2) inch or more in length or width may not be displayed in any retail business premises in a manner in which they can be picked up by a customer when standing in an area allocated for customer use.
e.
Any person who is convicted of a violation of any subsection of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars and/or imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days.
[Ord. No. 52-12 § 1]
a.
Possession of spray paint containers and/or markers having a writing surface of one-half (1/2) inch or greater by persons under the age of eighteen (18) prohibited-exemptions.
b.
No person under the age of eighteen (18) shall possess any paint in a spray can or any marker containing a fluid which is not water soluble and has a paint, brush, applicator, or other writing surface of one-half (1/2) inch or more in length or width. This prohibition shall not apply to:
[Ord. No. 52-12 § 1]
Possession of spray paint container and/or ink markers having a writing surface of one-half (1/2) inch or greater within public buildings is unlawful. Possession with intent to deface property is unlawful.
a.
It is unlawful for any person to possess a spray paint container or any marker containing a fluid which is not water soluble and has a paint, brush applicator or other writing surface of one-half (1/2) inch in length or width or greater, on the property of another or in any public building or upon any public facility. It shall be a defense to an action for violation of this subsection that the owner, manager, or other person having control of the property, building or facility, consented to the presence and use of the paint or marker.
b.
It is unlawful for any person to possess spray paint or any marker containing fluid which is not water soluble and has a paint, brush, applicator or other writing surface of one-half (1/2) inch in length or width or greater on the public way with intent to use the same to deface any building, structure or property. This prohibition shall not apply to any employee of a public utility or of the municipal, State or Federal government using spray paint or any marker within the scope of his or her prescribed duties.
[Ord. No. 52-12 § 1]
a.
No person, except a wholesale dealer, may sell, offer to sell or possess with intent to sell any spray paint or hobby kit or any similar kind of kit containing spray paint without first obtaining a license from the Office of the City Clerk. "Wholesale dealers" mean any manufacturer and any person who sells spray paint to persons who are reasonably understood not to be the ultimate consumers. Applications for licenses to sell spray paint shall be made in the form prescribed by the City Clerk and accompanied by a fee of twenty-five ($25.00) dollars payable to the City.
b.
Licenses shall be valid for a period of one (1) year from the date issued.
c.
The license or certified copy of the license shall be displayed at all times in a conspicuous place within the business premises where it can be easily read.
d.
A license may be suspended or revoked, after notice and an opportunity to be heard, if the licensee is convicted of a violation of this section or if the City Clerk finds that the licensee has violated any provision of this section.
[Ord. No. 52-12 § 1]
a.
Every person who engages in the business of selling spray paint or markers regulated by this section shall post in clear public view as or near the display of such products using bold lettering at least one (1) inch in height a placard stating as follows:
"ANY PERSON DEFACING REAL PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID IS SUBJECT TO A FINE OF $1,000.00 OR IMPRISONMENT FOR UP TO NINETY (90) DAYS"
b.
Every person who engages in the business of selling spray paint or markers regulated by this section shall also post in the direct view of such person or persons responsible for accepting customer payment for such spray paint container or marker pens, using bold lettering at least one (1) inch in height a placard stating as follows:
"IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE IN THE CITY OF LINDEN. VIOLATORS SHALL BE SUBJECT TO A FINE OF UP TO $1,000.00 OR IMPRISONMENT FOR UP TO NINETY (90) DAYS"
[Ord. No. 52-12 § 1]
a.
No person shall aide, assist or abet a person under the age of eighteen (18) in obtaining possession of paint in a spray can or any marker containing a fluid which is not water soluble and has a paint, brush, applicator or other writing surface of one-half (1/2) inch or greater. This prohibition shall not apply to:
[Ord. No. 53-04 § 1]
For the purpose of P.L. 2007, c. 209 (C.40:48-2.60 et seq.), "solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
[Ord. No. 53-04 § 1; Ord. No. 57-02]
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin, for solicitation purposes, unless all of the following requirements are met:
a.
The person has obtained a permit, valid for a specified period of time, from the City of Linden in which the donation clothing bin will be placed, in accordance with the following:
1.
In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as possible.
(b)
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
(c)
The name and telephone number of the bona fide office required pursuant to paragraph 5(b) of this subsection, or any entity which may share or profit from any clothing or other donations collected via the bin.
(d)
Written consent from the property owner to place the bin on his property.
(e)
Written proof of compliance with all other Ordinances of the City of Linden, including Land Use and Zoning Regulations.
2.
The City of Linden shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within one hundred (100) yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
3.
The City of Linden hereby imposes a fee for such application, in the amount of twenty-five ($25.00) dollars, to offset the costs involved in enforcing P.L. c. 209 (N.J.S.A. 40:48-2.60 et seq.).
4.
An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of any fee imposed by the City of Linden for such renewal in the amount of twenty-five ($25.00) dollars annually, to offset the costs involved in enforcing P.L. 2007, c. 209 (N.J.S.A. 40:48-2.60 et seq.); such application shall include:
(a)
The location where the bin is situated, as precisely as possible, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on his property.
(b)
The manner in which the person has used, sold, or dispersed any clothing or other donations collected via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal.
(c)
The name and telephone number of the bona fide office required pursuant to paragraph 5(b) of this subsection, of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal.
5.
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to paragraph 5(b) of this subsection:
(a)
The person, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the person or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the person or other entity. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office.
(b)
The following information is clearly and conspicuously displayed on the exterior of the donation clothing bin:
(1)
The name and address of the registered person that owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin.
(2)
The telephone number of the person's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin.
(3)
In cases when an entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations.
(4)
A statement, consistent with the information provided to the City of Linden in the most recent permit or renewal application pursuant to paragraph a1(b) of this subsection and paragraph a4(b) of this subsection, indicating the manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
[Ord. No. 53-04 § 1]
The City of Linden within the municipality in which a donation clothing bin has been placed shall receive and investigate, within thirty (30) days, any complaints from the public about the bin. Whenever it appears to the City of Linden that a person has engaged in, or is engaging in any act or practice in violation of Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61), the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the City of Linden is not requested within forty-five (45) days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
In the event that the person who placed the bin does not rectify the violation or request a hearing within forty-five (45) days of the posting of the warning, the City of Linden may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Chief Financial Officer of the municipality.
[Ord. No. 53-04 § 1]
In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of P.L. 2007 c. 209 (N.J.S.A. 40:48-2.60 et seq.) which results in seizure of the donation clothing bin shall be:
a.
Subject to a penalty of up to twenty thousand ($20,000.00) dollars for each violation. The City of Linden may bring this action in the Municipal Court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," P.L. 1999 c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Chief Financial Officer of the City of Linden.
b.
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209 (N.J.S.A. 40:48-2.61). A person disqualified from (N.J.S.A. 40:48-2.60 et seq.) may apply to the City of Linden to have that person's eligibility restored. The City of Linden may restore the eligibility of a person who:
[Former § 3-20, Repairs and Washing of Motor Vehicles in Public Streets, was relocated to Chapter 7, Traffic, 10-17-2023 by Ord. No. 67-66. History includes 1979 Code § 4-15.1 and § 4-15.1.]
[1979 Code § 4-36.1; Ord. No. 29-49 § 1]
The purpose of this section is to protect the public welfare, safety and convenience and to reduce the congestion and eliminate the gridlock effect which frequently results along Wood Avenue within the City as a result of "cruising" and to ensure access for the general public and, in particular, for emergency and safety vehicles to and in the areas along Wood Avenue, from Curtis Street to Linden Avenue.
[1979 Code § 4-36.2; Ord. No. 29-49 § 2]
As used in this section:
Shall mean driving a motor vehicle on a designated street or traffic artery past a traffic control point in the designated area three (3) or more times within any one (1) hour period, from 6:00 p.m. to 2:00 a.m., or six (6) or more times within any three (3) hour period, from 6:00 p.m. to 2:00 a.m. Passing the control point a third time or a sixth time, under the conditions stated herein, shall constitute "cruising" and, therefore, a violation of this section.
Shall mean all of the street known as Wood Avenue from Curtis Street to Linden Avenue.
Shall mean a reference point designated by a sign to advise the public of the ordinance on Wood Avenue in the designated area selected by a Police Officer for the purpose of enforcing this section.
[1979 Code § 4-36.3; Ord. No. 29-49 § 3]
No person shall engage in cruising, as hereinabove defined. For the purposes of this prohibition, the person operating the vehicle shall be considered in violation.
[1979 Code § 4-36.4; Ord. No. 29-49 § 4]
The section shall not apply to any vehicle licensed to or operated by a Federal, State or municipal official while on official business; any public safety or emergency vehicle; or any vehicle utilized for public transportation, whether the same is a bus, taxicab or limousine or similar type of vehicle for public use.
[1979 Code § 4-37.1; Ord. No. 30-27 § 1]
Any person seeking to repossess any motor vehicle or vehicles within the City shall, prior to attempting such repossession, notify the Linden Police Department in person of their intention to repossess; provide appropriate identification; and further provide the name and address of the individual from whom the vehicle is to be taken, and any other relevant information or documentation requested by the Police Department.
[1979 Code § 4-37.2; Ord. No. 30-27 § 2]
The Police Department is hereby empowered to promulgate reasonable standards and regulations to effectuate the intent of this section.
[1979 Code § 4-40.1; Ord. No. 31-14 § 1; amended 2-18-2020 by Ord. No. 64-1]
The Mayor, as head of the Police Department is hereby authorized to establish a list of persons or entities and approve same for the performance of towing services within the City, pursuant to the provisions hereof. The Police Department shall be empowered to enforce all provisions of this section. The Mayor may also promulgate rules and regulations governing any aspect of the rendition of such towing services which are not inconsistent with the provisions of this section. Copies of any and all such rules or regulations shall be reduced to writing and made available to the public upon request.
[1979 Code § 4-40.2; Ord. No. 31-14 § 1; Ord. No. 40-37 § 1; amended 2-18-2020 by Ord. No. 64-1; 9-17-2024 by Ord. No. 68-46]
a.
Service providers and all employees, agents or servants thereof shall have and provide evidence of at least five years' prior experience in the towing, storage and recovery of motor vehicles.
b.
Service providers shall be available to respond 24 hours a day, seven days per week, for motor vehicle accidents, impounds, or break downs at the request of the Police Department.
c.
Service providers shall perform such services pursuant to a rotation schedule to be promulgated by the Mayor, as head of the Police Department, or his designee.
d.
Service providers shall be required to respond to the scene within 15 minutes from the time of notification.
e.
Insurance. All service providers shall maintain and produce proof to the City Clerk of the following insurance coverage: Garage Keepers Liability Policy in the amount of $1,000,000 for any one claimant and $2,000,000 for more than one claimant with $1,000,000 coverage for property damage for any one event. Further, each such provider shall be required to execute an agreement holding the City, its departments, agents, servants, and employees harmless for any claims or liability which may arise as a result of the rendition of such services.
Notwithstanding anything above to the contrary, the City of Linden Insurance Fund Commission may, in its discretion, determine to provide legal representation and indemnification to any service provider in situations where the circumstances are clear that the provider was acting in good faith, at the direction of the Linden Police, and was not independently negligent to any reasonable degree, and was not alleged to have committed any acts which would result in said provider's interests being adverse to those of the City of Linden. This section shall not create any duty or obligation upon the City of Linden Insurance Fund Commission to provide such representation or indemnification.
f.
Equipment. All service providers shall be required to own, lease, or otherwise possess the following equipment for use in rendering the aforesaid towing services: One two car carrier flatbed; one wheel lift wrecker; and one hydraulic wrecker.
g.
All service providers shall be required to own or lease a storage facility located not more than 1.75 miles from the Police Department. In the case of a lease, the service provider shall provide a copy of same to the City evidencing a term of at least three years. The facility shall have a minimum storage capacity of 22,500 square feet and shall be secured by fencing around its perimeter of not less than six feet in height. The facility shall be used exclusively for storage of motor vehicles. The entire storage area shall be well-lit through the use of appropriate area lighting during all non-daylight hours and shall be equipped with a suitable alarm system.
h.
Any service provider may be removed from the aforesaid rotation list for cause by order of the Mayor. Any provider so removed shall be entitled to a hearing pertaining to such removal to be conducted by the City Council.
[1979 Code § 4-40.3; Ord. No. 31-14 § 1; Ord. No. 41-42 § 1; Ord. No. 52-27 § 1; Ord. No. 53-13 § 1; amended 2-18-2020 by Ord. No. 64-1; 3-21-2023 by Ord. No. 67-6]
Vehicle | Service | Fee |
|---|---|---|
Vehicles Up to 6,999 GVW - Light duty | ||
Tow | Hook up | $100 |
Vehicles From 7,000 to 14,499 GVW - Medium duty | ||
Tow | Hook up | $250 per hour |
Vehicles 14,500 GVW and above | ||
Box trucks, tractors, tractor trailers, buses, etc. | Hook up | $500 per hour |
Alternate destination tows to be agreed upon at time of request for service.
Additional Services | |
|---|---|
Service calls (jump start, tire change, lockout) | $60 |
Yard charge (if exceeds four working days) | $30 |
Transmission service (disconnect to tow) | $30 |
Waiting time (Min. 1/2 hr - $1 per minute thereafter) | |
Waiting due to extenuating circumstances | $30 |
Plate removal | $5 per |
Removal of driveshaft | $45 |
Removal of axle | $40 per |
Electric and airlines | $25 per |
Cage brake canisters | $20 per |
Accident Recovery Rates | |
|---|---|
Light duty up to 6,999 lbs | $200 per hour |
Medium duty 6,999 to 14,499 lbs | $350 per hour |
Heavy duty 14,500 lbs and above | $600 per hour |
Rollover charge (Upright a vehicle under 6,999 GVW) | $75 |
Winching (In Addition to Towing-per truck including driver) | |
|---|---|
Light duty up to 6,999 lbs | $100 per hour |
Medium duty 6,999 to 14,499 lbs | $175 per hour |
Heavy duty 14,500 lbs and above | $250 per hour |
Specialized Recovery Equipment | |
|---|---|
Rental of K12 saw | $75 per hour |
Rotator/Crane Recovery Unit | $800 per hour |
Tractor with Landoll Trailer or Detach Trailer | $450 per hour |
Tractor/Transport Hauler Only | $250 per hour |
Refrigerated Trailer w/Tractor | $450 per hour |
Box Trailer w/Tractor | $400 per hour |
Air Cushion Unit | $1,000 per hour |
Light Tower | $250 per hour |
Pallet Jack | $200 flat rate |
Rollers | $200 flat rate |
Any Other Specialized Equipment | $250 per hour |
Loader/Backhoe/Telescopic Handler/ Bulldozer/Bobcat | $300 per hour each |
Forklift | $300 per hour |
Dump Truck/Dump Trailer w/Tractor | $350 per hour |
Roll-Off with Container | $350 per hour Plus Disposal |
Recovery Support Vehicle/Trailer/Additional Recovery Equipment | $350 per hour |
Labor - All Labor Minimum of 1 Hour | |
|---|---|
Accident minor clean-up and disposal of debris | $75 per 1/2 hour increments, per laborer |
Recovery supervisor and/or Level III Recovery Specialist | $225 per hour* charges limited to one per incident |
Manual Laborers | $100 per hour per man |
Storage | |
|---|---|
Cars/Light Trucks | $30 per day |
Trucks (Dual Wheels)/Single axle | $75 per day |
Tractor/Dump Truck/Tractor and Trailer Combo/Trailers | $100 per unit/per day |
Buses | $150 per day |
Roll-Off | $125 per day for each |
Cargo/Accident Debris/Load Storage/Vehicle Components | $45 per space used per day |
Rental of any tow company supplied trailer post incident | $500 per day |
****Storage billed per calendar day**** | |
Notes: | |
* | After the first hour, all hourly billable rates will be charged in half-hour increments. |
***** | Charges for all trucks/recovery equipment are inclusive of the operator. You may not separately charge for an operator that drives/operates the truck/recovery equipment. |
Vehicles towed as part of an investigation may be towed to an alternate location as directed by a Police Supervisor. The vehicle owner is responsible for all fees related to the tow, however, vehicles will not incur storage fees of any kind while held by the Linden Police Department. Once the vehicle is no longer needed for investigation the vehicle will be removed to the impound facility at no cost to the registered owner. Storage fees will be incurred from the time the vehicle arrives at the impound facility in accordance with the schedule above.
Prior to placing an impounded or towed vehicle in any Police holding facility or the impound facility, the tower shall determine if the vehicle is safe. The tower, when possible, may disconnect the electrical system if it not has been already done if deemed necessary to ensure the safety of the facility. The tower is not responsible for reconnecting such system.
Any vehicle involved in a motor vehicle accident with airbag deployment, heavy body damage, leaking fluids, and/or unsafe to be driven should be removed from the scene by a tow truck. The vehicle should be impounded. Once the vehicle is towed to the impound yard the owner must get a release from the Police Department and arrange for the vehicle to be towed out of impound. All towing fees must be satisfied before releasing the vehicle to the owner and/or appointed agent for the owner.
Any vehicle that is not removed by the City tower, the owner and/or appointed agent for the owner will be held liable for anything that may occur after the accident. By stating this, the City tower will not be held liable for anything that occurs after the accident. All towing companies picking up from the Police Impound Yard must provide a valid Certificate of Liability Insurance at the time of vehicle pickup.
[Ord. No. 39-17 § 1]
No sexually-oriented business as defined in N.J.S.A. 2C:34-6 shall be operated, located or maintained within one thousand (1,000) 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 of public resort and recreation, or within one thousand (1,000) feet of any area zoned for residential use.
[Ord. No. 39-17 § 2]
Every sexually-oriented business shall be surrounded by a perimeter buffer of at least fifty (50) feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
[Ord. No. 39-17 § 3]
No sexually-oriented business shall display more than two (2) exterior signs consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The identification sign shall be no more than forty (40) square feet in size.
[Ord. No. 43-24 § 1; Ord. No. 53-44 § 1]
No person who knowingly in a public place as defined in subsection 3-25.2 shall appear in a state of full or partial nudity. For the purposes thereof, nudity shall include exposure of the buttocks, genitals, or female breasts. This section shall not apply to a child under the age of ten (10) years or any individual exposing a breast in the process of breast feeding an infant.
[Ord. No. 43-24 §§ 2, 3]
As used in this section:
Shall mean the showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; showing of the female breast with less than a fully opaque covering of any part of the nipples; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples of the female breast, which device simulates and gives the realistic appearance of nipples.
Shall mean and include all outdoor places open to the general public and all buildings and enclosed places open to the general public, including places of entertainment such as taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or patrons invited to attend, whether or not an admission charge is levied.
[1979 Code § 4-14.1]
The owner or tenant of lands, or the agent of such premises, within the City shall remove or cause to be removed from such lands any brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris which is or may become dangerous to life or health or might tend to extend a conflagration in the City.
[1979 Code § 4-14.2; Ord. No. 20-157 § 1]
If after inspection by the City any such lands are deemed to be in violation of the provisions of subsection 3-29.1, the Health Officer or his representative shall notify the owner, tenant or agent of the lands in question to remedy such violation within five (5) days after receipt of notice to do so. Service of notice upon the owner, tenant or agent of any such lands shall be made by letter to his last known address.
[1979 Code § 4-14.3; Ord. No. 20-157 § 1]
If the owner, tenant or agent to whom notice of violation of any of the foregoing provisions is sent neglects or refuses to abate or remedy the violation within five (5) days after notice thereof, the City shall cause the violation to be abated and remedied and certify the cost thereof to the City Council which, after examination of the certificate and determination of its accuracy, shall cause the cost thereon to be charged against the lot or land on which the violation exists. The amount so charged shall become a lien upon the lot or land and shall be added to and become and form part of the taxes next to be assessed and levied upon the lot or land, the same to bear interest at the same rate as taxes and to be collected as provided by N.J.S.A. 40:48-2.14, and enforced by the same officers responsible for the collection of taxes and in the same manner as taxes. Such costs are in addition to any other penalties provided for violations of this section.
[Former § 3-30, Obstruction of Streets and Sidewalks, was relocated to Chapter 7, Traffic, 10-17-2023 by Ord. No. 67-66. Prior history includes 1979 Code § 4-4.1 - § 4-4.3; Ord. No. 33-17; Ord. No. 41-7.]
[1979 Code § 4-5; Ord. No. 60-4; Ord. No. 61-32]
The owner, occupant or tenant of premises abutting or bordering upon any street in the City shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within six (6) daylight hours after the same falls or is formed thereon. Similarly, the owner, occupant or tenant of any premises shall not cover any fire hydrant during snow removal and shall clear snow and ice from hydrants on their property.[1]
[1]
Editor's Note: Prior ordinance history includes portions of 1979 Code §§ 4-6.1 — 4-6.7.
[Ord. No. 52-50 § 1]
Shall mean a parking lot or other property provided by a retailer for the use of a customer for parking an automobile or other vehicle. The parking area of a retail mercantile establishment located in a multi store complex or shopping center shall include the entire parking area used by the complex or center.
Shall mean a push cart of the type or types which are commonly provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and their parking areas.
[Ord. No. 52-50 § 1]
The owner or retailer having written consent from the owner to utilize said cart shall cause to be affixed to said cart a permanent identification designating the owner or retailers name, address, and a valid telephone number.
[Ord. No. 52-50 § 1]
No person shall leave or abandon or permit to be left or abandoned any shopping cart, either owned by him or her or in his or her possession, custody or control, in or upon any public street, public area, or private property within the City of Linden other than the "parking area" as defined above.
[Ord. No. 52-50 § 1]
The City shall not impound a shopping cart that has a sign or notice identifying the owner of the cart or retailer as noted above unless all of the following conditions are met:
a.
The shopping cart is located outside the premises or parking area of a retail mercantile establishment;
b.
The municipality notifies the owner or retailer of the location of the cart and allows three (3) business days from the date of such notification for the retrieval of said cart, unless the immediate removal is necessary to prevent a danger to public safety;
c.
The municipality notifies the owner or retailer upon impoundment of a shopping cart, and includes information as to how the cart may be retrieved;
d.
The location that an impounded shopping cart is held is reasonably convenient to the owner, retailer or authorized agent and is open for business at least six (6) hours of each business day;
e.
Any fine imposed upon the owner or retailer for an impounded shopping cart does not exceed fifty ($50.00) dollars for each occurrence for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in accordance with this section during a twenty-four (24) hour period;
f.
The municipality must allow the owner or retailer a minimum of five (5) business days following receipt of notice that a shopping cart has been impounded to retrieve the cart before it may sell or otherwise dispose of the cart unless the following conditions are met:
1.
A municipality may impound a shopping cart, notwithstanding the fact that it has the aforementioned sign or notice without meeting the preceding conditions in paragraphs a through e. If the municipality (1) notifies the owner or retailer within twenty-four (24) hours of impounding the shopping cart and includes information on how the cart may be retrieved; (2) releases the cart to the owner, retailer or authorized agent without any charge or fine whatsoever, if the owner, retailer or authorized agent attempts to retrieve the cart within five (5) business days of notice.
g.
Nothing contained in this section shall preclude or otherwise limit a municipality from impounding a shopping cart that does not have a sign or notice identifying the owner of the cart, or the retailer who has written consent from the owner to use the cart, unless a valid telephone number or address through which the owner or retailer can be contacted.
h.
The Police Department, Department of Public Works, and any other appropriate City Department may exercise the powers conferred herein upon the municipality.
[Ord. No. 52-50 § 1]
If the shopping cart is not redeemed within ten (10) days of its taking, there shall be added to the sum of ten ($10.00) dollars the additional sum of one ($1.00) dollar for each day such shopping cart remains impounded beyond the first ten (10) days and the total shall be the amount required to redeem the shopping cart. Such amount may be paid by the owner of the cart at any time prior to the sale of such cart, and upon such payment the shopping cart shall not be sold and shall be returned to the owner. If any shopping cart remains unredeemed and unsold at public sale, the Police Department may dismantle, destroy or otherwise dispose of it.
Any public sale or other disposition of any shopping cart shall be without liability on the part of the City, the Police Department, or their agents and employees.
[Ord. No. 52-50 § 1]
Within five (5) days of the first of each month, the Police Department shall pay over to the City Treasurer the amount received for the redemption and sale or other disposition of any shopping carts during the preceding month and at the same time deliver to the City Treasurer and the City Clerk a detailed statement concerning all redemptions, sales and other dispositions of shopping carts during the preceding month, including the name and address of the redeemer or purchaser, the amount received from each for each cart, and a report concerning any cart disposed of in any manner other than by redemption or sale.
[Ord. No. 51-09 § 1; Ord. No. 51-46 § 1]
Graffiti on public and private buildings, and other exposed surfaces, including vehicles, has and continues to pose an increasing problem for municipalities throughout the State of New Jersey, including the City of Linden, and the City of Linden is desirous of taking all necessary action in addition to existing State statutes to insure that public and private property is protected against graffiti and that violations will result in appropriate compensation.
[Ord. No. 51-09; Ord. No. 51-46 § 1; Ord. No. 59-42]
Pursuant to N.J.S.A. 40:48-2.59, any graffiti (which is defined by any drawing, painting to making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property) on any private building structure, or personal property, including vehicles, shall be removed by the owner or individual having custody and control thereof as promptly as possible. The City of Linden, through the appropriate City Departments, may issue any order to the owner of the property directing that said graffiti be moved within thirty (30) days from the date the notice is sent. Said notice to remove graffiti shall further contain a provision stating that by affixing a signature to the form, indicating that the graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
[Ord. No. 51-09 § 1]
Any owner who objects to an order to remove graffiti pursuant to this section may institute an action challenging the order in a court of competent jurisdiction within sixty (60) days of the date of the order.
[Ord. No. 5-09 § 1]
If a property owner does not undertake removal of graffiti within the time prescribed by the order and, unless an action challenging the order to remove graffiti is instituted, the municipality may cause the graffiti to be removed and present the property owner with a detailed itemization of the costs therefore via certified and regular mail and demand reimbursement. If the property owner does not remit such reimbursement to the municipality within the time prescribed, in the notice, the municipality may cause said costs to be asserted as a municipal lien against the premises. In addition to the imposition of said lien, the City may institute an action at law to collect said amounts.
[Ord. No. 51-09 § 1]
Pursuant to N.J.S.A. 2A:153-41, the City of Linden hereby offers a reward of five hundred ($500.00) dollars for the detection and apprehension of any person guilty of purposely or knowingly damaging a tangible property of another by an act of graffiti in violation of N.J.S.A. 2C:17-3. Said reward is to be payable after conviction to any person who the Governing Body, acting upon the recommendation of the Chief of Police, may deem entitle thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or the employee's spouse, child or parent living in the same household. For the purposes of this provision, "act of graffiti" means the drawing, painting, or the making of any inscription on a bridge, building, public transportation vehicle, rock, wall, sidewalk, street, or other exposed surface on public or private property without the permission of the owner.
[New]
It shall be unlawful for the operator of a motor vehicle to operate the vehicle upon any street within the City of Linden:
[1979 Code § 4-24.1; Ord. No. 26-10A § 1]
The operators of all motor vehicles proceeding northerly and southerly on Wood Avenue and Stiles Street shall be deemed to have actual notice of the height restrictions and limitations posted on and about the Railroad Bridge overpasses on Wood Avenue and Stiles Street between Elizabeth and Linden Avenues.
[1979 Code § 4-24.2; Ord. No. 26-10A § 2; New]
The operator of any motor vehicle which, by the operator's carelessness or negligence, becomes lodged or otherwise immobilized under the Railroad Bridge overpass located on Wood Avenue, between Elizabeth and Linden Avenues, or on Stiles Street, between Elizabeth and Linden Avenues, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1979 Code § 4-25.1; Ord. No. 26-19 § 1]
There are hereby established the following regulations to prohibit the parking and turning around of tractor trailer trucks in the parking lots located at Memorial Park in the City.
[1979 Code § 4-25.2; Ord. No. 26-19 § 2]
It shall be unlawful for any person to park or turn around, or to permit his, her or its agents or servants to park or turn around any tractor trailer truck or trucks or utilize in any way the parking areas, located at Memorial Park in the City at any time.
[1979 Code § 4-25.3; Ord. No. 26-19 § 3]
a.
The provisions of this section shall be enforced by the Police Department and also as contemplated and permitted by law.
b.
The Police Department and the Governing Body shall cause to be erected suitable and proper markers and signs in the area affected by this section in compliance with the laws of the State of New Jersey.
c.
Any person, firm or corporation violating any of the provisions of this section shall be subject to a fine of not more than fifty ($50.00) dollars or imprisonment for a term not exceeding fifteen (15) days, or both, at the discretion of the Court.
[1979 Code § 4-38; Ord. No. 30-52 § 1; Ord. No. 44-48 § 1]
a.
No person shall park, or operate a motor vehicle other than aircraft on any runway or taxiway associated with runway 9-27 and runway 14-32 at Linden Municipal Airport, except for the prescribed procedure of crossing runway and taxiway 9-27 as described in the Addendum contained in the City of Linden's Airport Lease Agreement. This section does not apply to emergency vehicles and necessary operational vehicles with permission of the City of Linden or the Fixed Base Operator (F.B.O.).
b.
No person shall trespass, enter or otherwise be present upon the property known as Linden Airport as more fully described in the Airport Lease Agreement without the permission of the City of Linden or the Fixed Base Operator (F.B.O.).
c.
No person shall possess, use, alter, duplicate or distribute any Linden Airport identification credentials, keys, access cards or other security devices, without the express permission of the Airport Manager.
d.
No person may alter, evade, disable, bypass or tamper with any Linden Airport security systems, devices, or procedures without the express permission of the Airport Manager.
e.
The provisions of this section shall be enforced by the Police Department of the City of Linden and also as contemplated and permitted by law.
[Former § 3-43a, Placement of Vehicles or Personal Property Adjacent to the Fencing Surrounding Linden Airport, was amended and relocated to Chapter 7, Traffic, 10-17-2023 by Ord. No. 67-66. Prior history includes Ord. No. 47-65]
[Former § 3-44, Parking of Buses on Residential Streets, was amended and relocated to Chapter 7, Traffic, 10-17-2023 by Ord. No. 67-66. Prior history includes 1979 Code § 4-29.1; Ord. No. 27-3; Ord. No. 41-7]
[Former § 3-45, Parking of Vehicles on Residential Lawns, was amended and relocated to Chapter 7, Traffic, 10-17-2023 by Ord. No. 67-66. Prior history includes 1979 Code § 4-29.2; Ord. No. 27-16]
[New]
No person shall permit or engage in any type of game or recreational activity or otherwise play upon any public street within the City of Linden.
[Ord. No. 41-2 § 1]
As used in this section, the following terms shall have the meanings indicated:
Shall mean and include but not be limited to blood, urine, semen, sputum, feces and tissue collected for laboratory analyses.
Shall mean body fluids, including but not limited to body specimens, used bandage materials, syringes, needles and other sharps.
[Ord. No. 41-2 § 2]
No person, corporation, or other entity shall cause, suffer, allow or permit any specimen of human blood, body fluid or medical waste to be abandoned in any public or private place, to be left unattended in a place other than a permanently enclosed building or otherwise deployed in such manner as to make accessible to unauthorized persons storage vessels containing samples of human body fluids or medical waste within the City of Linden.
[Ord. No. 41-2 § 3]
The placing of such specimen in any box, container or other enclosure located on the exterior portion of any building or structure unless such box, container or other structure is permanently affixed to the exterior portion of said building or otherwise deployed so that it may not readily be removed therefrom and is secured with a locking device, shall be construed as a violation of this section.
[Ord. No. 41-2 § 4]
The enforcement authority of this section shall be the Police Department and the Board of Health of the City of Linden.
[Ord. No. 41-2 § 5]
Any person, corporation or other entity who violates any provision of this section shall, upon conviction thereof, be punished by a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars, for each violation or such other penalties as the appropriate statutes may provide.
[Ord. No. 46-40 § 1]
That no person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property for a period in excess of that for which consent was given, except in the case of emergency or disablement of the vehicle in which case the owner or operator thereof shall arrange for the expeditious removal of the vehicle, and shall immediately notify the Linden Police Department of the disablement of said vehicle.
The owner or other person in control or possession of the property on which a vehicle is parked or left unattended in violation of this section may remove or hire another person to remove and store the vehicle pursuant to N.J.S.A. 39:4-56.6, and shall immediately notify the Linden Police Department that said vehicle is being so removed and shall provide the year, make, model, color, registration and any other necessary information regarding said vehicle.
For a violation of this section, the minimum fine shall be fifty ($50.00) dollars and the maximum fine shall be two hundred fifty ($250.00) dollars upon the discretion of the Municipal Court.
[Ord. No. 48-5 § 1—6]
a.
The owner(s) of the property or structures equipped with aviation obstruction lights shall be required to maintain those lights in working order at all times. If any lights are noted to be out or malfunctioning, they shall be repaired immediately. In the event that the failure or malfunction lasts more than thirty (30) minutes, the property owner shall notify the Federal Aviation Administration Flight Service Station, the Linden Police Department, and the Linden Airport Manager's Office. The failure of each obstruction light exceeding thirty (30) minute durations in a twenty-four (24) hour period shall constitute a separate violation.
b.
Obstruction lights shall be inspected at least once each twenty-four (24) hour period and the results of the inspection, including the date, time and operational status for each light, shall be entered and signed by the property owner. The log book shall be maintained at the property or structure and be produced immediately upon the demand of any Police Officer, Code Enforcement Official, and State or Federal Aviation Official. Each failure to produce the log book when lawfully requested shall constitute a separate violation. Each failure to enter the required daily log entry for each obstruction light each day shall constitute a separate violation.
c.
In the event that an obstruction light failure exceeds forty-eight (48) hours in duration, the Linden Police Department may cause the structure no longer being protected by the inoperative obstruction light to be lowered or removed, and the aforesaid owner(s) shall, in addition to any other penalties, be liable to the City of Linden for the costs of said removal and any related costs, which cost shall be determined by the Municipal Court. In the event that the aforementioned structure is a building not readily capable of being lowered or removed, then the building shall be evacuated by the Linden Police Department and remain unoccupied until such time as the protection of the inoperative obstruction light is restored.
d.
Each violation of this section shall result in the imposition of a fine not to exceed one thousand ($1,000.00) dollars and/or up to six (6) months incarceration and such other relief as the Municipal Court may, in its discretion, see fit to impose.
e.
For the purposes of this section, the Police Department shall enjoy concurrent jurisdiction with the Building Department and both shall be empowered to issue summonses for any and all violations and commence any actions as required by this section.
[Ord. No. 49-81 § I]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the City of Linden, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 49-81 § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City of Linden or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 49-81 § III]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the City of Linden is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 49-81 § IV]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water.
1.
Beach maintenance equipment immediately following their use for their intended purposes; and
2.
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery. |
[Ord. No. 49-81 § V]
This section shall be enforced by the Police Department, Department of Public Works and Engineering Department of the City of Linden.
[Ord. No. 49-81 § VI]
Any person(s) who continues to be in violation of the provisions of this section after being duly notified, shall be subject to a minimum of two thousand five hundred ($2,500.00) dollars not to exceed ten thousand ($10,000.00) dollars, imprisonment of ninety (90) days in the County jail, or ninety (90) days community service in the discretion of the Municipal Judge.
[Ord. No. 49-87 §§ 1, 2]
a.
No person shall place or permit to be placed any floral arrangement, flowers, or similar memorial item at any location within the City of Linden for a period of more than thirty (30) days. Same shall be removed by or before the expiration of the aforesaid thirty (30) day period.
b.
Any such items not removed within the aforesaid thirty (30) day period may be removed by the City of Linden Department of Public Works.
[Ord. No. 51-22 § 1]
Any person entity or business primarily engaged in the sale of food for immediate consumption which does not have on premises interior seating for at least fifteen (15) people shall not be permitted to open for business before 5:00 a.m. nor after 11:00 p.m. on any day. Additionally, any such person, entity or business shall fully comply with all statutes, ordinances or other provisions of law governing noise, littering, unlawful assembly, and any other unlawful activities or conduct in, upon, or near said business.
Any person, entity or business found in violation of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars imprisonment in the County jail not exceeding six (6) months, or both. This section shall be applicable to the owner, lessee, or any other individual exercising custody and control over said business. In addition, any conviction for a violation of this section may result in a revocation by the Board of Health or other licensing authority of any licenses or permits granted to said business.
[Ord. No. 51-54 § 1]
The proliferation of solicitors and vendors seeking to sell merchandise, raise funds, or engage in other commercial activity on busy roadways within the City of Linden poses an unreasonable risk of injury and harm to said individuals as well as members of the public operating motor vehicles.
No person shall tender or offer for sale goods or merchandise of any kind; engage in any other commercial activity; or solicit contributions for any cause on any portion of any interstate, State or local roadway within the City of Linden, including right-of-way and rest areas thereupon. Nothing in this section shall be construed to inhibit the operation of commercial traffic, the rendering of emergency services to vehicles or travelers on the State, interstate or local highway system, nor the installation and use of public telephones at locations of rights-of-way approved by the State Department of Transportation and/or the City of Linden as may be appropriate.