[1982 Code § 145-1; Ord. No. 1160-4-05]
As used in this section:
- Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- 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.
- LITTER RECEPTACLE
- Shall mean a container suitable for depositing of litter.
- PUBLIC PLACE
- Shall mean any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
- Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1982 Code § 145-2; Ord. No. 1160-4-05]
No person shall sweep, throw, deposit or dump litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place or any pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
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.
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.
[1982 Code § 145-2.1]
Any commercial landscaper, tree surgeon, arborer, gardener or horticulturist performing services within the Borough shall remove all trimmings, branches, tree stumps, clippings and other waste materials resulting from the services performed by him from the premises which he services and shall dispose of the same outside the geographic boundaries of the Borough.
[1982 Code § 145-3]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[1982 Code § 145-4]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
[1982 Code § 145-5]
No person shall bring, cart, remove, transport or collect any litter from outside this municipality into this municipality for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or on any public property for a period in excess of two (2) hours.
[1982 Code § 145-6]
No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings or into any vehicle while on the public highways or on private property within the Borough, except that this subsection shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided they are securely placed at each dwelling so as not to be blown away by the wind.
[Ord. No. 1160-4-05]
This section shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Little Ferry.
[1982 Code § 145-7; Ord. No. 1160-4-05; New]
[1982 Code § 145-8]
As used in this section:
- BIODEGRADABLE PACKAGING
- Shall mean all packaging with cellulose-based or other substances that are capable of being readily attached, decomposed, assimilated, and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous solid material or water and carbon dioxide.
- CFC-PROCESS PACKAGING
- Shall mean food packaging which uses chlorofluorocarbons as blowing agents in its manufacture.
- CHLOROFLUOROCARBONS (CFC)
- Shall mean the family of substances containing carbon, fluoride and chlorine, having no hydrogen atoms and no double bonds.
- Shall mean prepared food or beverages requiring no further preparation to be consumed, either on the premises or which are normally consumed within ninety (90) minutes of purchase and which are purchased in order to be consumed off the vendor's premises.
- FOOD PACKAGING
- Shall mean all bags, sacks, wrapping containers, bowls, plates, trays, cartons, cups and lids on which or in which food or beverages are placed or packages used on the food vendor's premises which are not intended for reuse. "Food packaging" does not include forks, knives, straws or single-service condiment packages.
- POLYSTYRENE FOAM PACKAGING
- Shall mean packaging using a polymer of styrene in the foam state (expandable or extrudable polystyrene).
- RETAIL FOOD ESTABLISHMENT
- Shall mean places of business which operate primarily to sell or convey foods directly to the ultimate consumer, which foods are predominantly contained, wrapped or held in or on packaging and shall include a drive-in restaurant, fast-food outlet, coffee shop, cafeteria, delicatessen, luncheonette, grill, sandwich shop, soda fountain, take-out prepared food place or similar establishment.
[1982 Code § 145-9]
Retail food establishments located and doing business in the Borough are encouraged to sell or convey food in food packaging to retail purchasers or consumers only when the food is placed, wrapped or packaged in biodegradable packaging at the conclusion of the sales transaction, excepting food packaged in recyclable materials designated in Chapter 22, Solid Waste Management.
No retail food establishment located and doing business within the Borough shall sell, give or provide food packaging to any person who is a retail purchaser or consumer, if such packaging is composed of polystyrene foam or chlorofluorocarbons.
[1982 Code § 145-10]
Any person found guilty of violating any provision of this section shall be liable to the penalty stated in Chapter 1, Section 1-5. There shall be a minimum fine of one hundred ($100.00) dollars for each violation of the provisions of this section. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.
[1982 Code § 145-11]
This section shall be void upon the enactment or adoption of any Federal and/or State law or regulation restricting the use of polystyrene foam packaging or packaging containing CFC.
[1982 Code § 145-12]
The Borough Clerk or his/her designee may exempt an item or type of packaging from the requirements of this section upon a showing that the item or type has no acceptable equivalent and that imposing the requirements on that item or type would cause undue hardship. The person seeking exemption pursuant to this subsection must supply documentation, which shall include a list of suppliers contacted to determine if substitutes are available.
Notwithstanding the above procedure, all eating utensils and coffee lids which may be produced and manufactured with polystyrene are hereby exempted from the provisions of this section.
[1982 Code § 145-13]
The Municipal Recycling Coordinator and all law enforcement officers are hereby authorized and empowered to perform as law enforcement officers solely with respect to the enforcement of the provisions of this section by being empowered to issue summons for any violations thereof in accordance with the rules governing the courts of the State of New Jersey.
[1982 Code § 154-1]
It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
[1982 Code § 154-2]
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
Radios; Television; Phonographs. The using, operating or permitting to be played, used or operated of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
Animals; Birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5, Animal Control.
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in Vehicle or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Construction or Repair. Excavation, demolition, construction, repair or alteration work other than between the hours of 8:00 a.m. and 8:00 p.m. or on Sunday. In the case of urgent necessity or in the interest of public health or safety, the Superintendent of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three (3) days. The emergency permit may grant permission for such work to be done between 8:00 p.m. and 8:00 a.m. or on Sunday.
Schools; Courts; Churches; Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[1982 Code § 154-3]
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of the municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air.
[1982 Code § 154-4]
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Borough Council for each occasion and each location:
Sound trucks shall not be operated in residential or commercial zones in the Borough before 9:00 a.m. and after 9:00 p.m.
Moving sound trucks shall keep to the extreme right-hand side of the road and shall proceed at a speed of not less than ten (10) miles per hour.
Stationary sound trucks are prohibited in all residential zones in the Borough, but may be operated in commercial zones during the hours referred to above.
For the purposes of this section "residential zones" shall mean the zones so described on the Zoning Map of the Borough and "commercial zones" shall mean and include all parts of the Borough other than the residential zones.
[1982 Code § 173-1]
A person is guilty of riot if he participates with four (4) or more others in a course of disorderly conduct as defined in subsection 3-4.2.
Riot, if committed under circumstances set forth in paragraph 1c above is a crime of the third degree. Otherwise, riot is a crime of the fourth degree.
Failure of Disorderly Persons to Disperse upon Official Order. Where five (5) or more persons are participating in a course of disorderly conduct, as defined in subsection 3-4.2, likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.
[1982 Code § 173-2]
Improper Behavior. A person is guilty of a petty disorderly persons offense if, with a purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
Offensive Language. A person is guilty of petty disorderly persons offense if, in a public place and with a purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance to any person present.
Public shall mean affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, place of business or amusement or any neighborhood.
[1982 Code § 173-3; N.J.S.A. 2C:33-3]
A person is guilty of a false public alarm if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly or facility of public transport, or to cause public inconveniences or alarm. A person is guilty if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
[1982 Code § 173-4]
A person commits a petty disorderly persons offense if, with a purpose to harass another, he:
Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
Subjects another to striking, kicking, shoving or other offensive touching or threatens to do so; or
Engages in any other course of alarming conduct, or of repeatedly committed acts with a purpose to alarm or seriously annoy such other person.
[1982 Code § 173-5]
A person who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage, whether alone or with others, commits a petty disorderly persons offense. "Obstructs" means renders impassable without unreasonable inconvenience or hazard. No person shall be deemed guilty of recklessly obstructing in violation of this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.
Order to Move.
A person in a gathering commits a petty disorderly persons offense if he refuses to obey a reasonable official request or order to move to:
An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.
[1982 Code § 173-6]
A person commits a disorderly persons offense if, with a purpose to prevent or disrupt a lawful meeting, procession or gathering, he does an act tending to obstruct or interfere with it physically.
[1982 Code § 173-7]
A person commits a disorderly persons offense if he purposely desecrates any public monument, insignia, symbol or structure or place of worship or burial. "Desecrate" means defacing, damaging or polluting.
[1982 Code § 173-8]
A person is guilty of crime of the third degree if he purposely, knowingly or recklessly puts or attempts to put another in fear of bodily violence by placing on public or private, property a symbol, an object, a characterization, an appellation or graffiti that exposes another to threats of violence, contempt or hatred on the basis of race, color, creed or religion, including but not limited to a burning cross or Nazi swastika. A person shall not be guilty of an attempt unless his actions cause a serious and imminent likelihood of causing fear of unlawful bodily violence.
[1982 Code § 173-9]
A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable or cemetery purposes, or for assembly by persons of a particular race, color, creed or religion by placing thereon a symbol, an object, a characterization, an appellation or graffiti that exposes another to threat of violence, contempt or hatred on the basis of race, color, creed or religion, including but not limited to a burning cross or Nazi swastika.
[1982 Code § 173-10]
A person is guilty of a disorderly persons offense when:
By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons; or
He knowingly conducts or maintains any premises, place or resort where persons gather for purposes of engaging in unlawful conduct.
[1982 Code § 173-11]
In addition to the penalty imposed in case of conviction under subsection 3-4.10 above, the Court may order the immediate abatement of the nuisance and, for that purpose, may order the seizure and forfeiture or destruction of any chattels, liquors or other personal property which may be found in such building or place, and which the Court is satisfied from the evidence were possessed or used with a purpose of maintaining the nuisance. Any such forfeiture shall be in the name and to the use of the State of New Jersey, and the Court shall direct the forfeited property to be sold at public sale, the proceeds to be paid to the Treasurer of the county wherein conviction was had.
If the owner of any building or place is found guilty of maintaining a nuisance, the Court may order that the building or place where the nuisance was maintained be closed and not used for a period not exceeding one (1) year from the date of the conviction.
[1982 Code § 158-3]
It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any public building or public conveyance.
[1982 Code § 125-1]
It shall be unlawful for any person at any time to hunt for, take, kill or pursue, or attempt to hunt for, take, kill or pursue, with a gun, firearm, bow and arrow or any dangerous weapon of any kind or character, wild birds, animals or fowl of any kind within the limits of the Borough.
[1982 Code § 125-2]
No person within the Borough shall discharge or have and shoot any bullet, projectile or missile of any kind from any pistol, gun or slingshot. This shall not apply to members of the Police Department or to any required military organization, nor to private persons in the act of protecting life or property.
[1982 Code § 173-13; N.J.S.A. 2C:33-15]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school property, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than five hundred ($500.00) dollars.
Whenever this offense is committed in a motor vehicle, the Court shall, in addition to the sentence authorized for the offense, suspend or postpone for six (6) months the driving privilege of the defendant. Upon the conviction of any person under this subsection, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this subsection. 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.
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 Commission along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the Court.
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.
If a person convicted under this subsection is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The Court shall not collect the license of a nonresident convicted under this subsection. Upon receipt of a report by the Court, the Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
In addition to the general penalty prescribed for a disorderly persons offense, the Court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of N.J.S.A. 33-1.26 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.
The provisions of section 3 of P.L. 1991, c. 169 (C. 33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under eighteen (18) years of age who is found to be in violation of this section.
[1982 Code § 173-14; N.J.S.A. 2C:33-16]
Any person of legal age to purchase alcoholic beverages, who knowingly and without the express written permission of the school board, its delegated authority, or any school principal, brings or possesses any alcoholic beverages on any property used for school purposes which is owned by any school or school board, is guilty of a disorderly persons offense.
[Ord. No. 1059-18-01]
Unlawful Acts. It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
This subsection shall not prohibit a person under the legal age from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
This subsection shall not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a County vocational school or post secondary educational institution.
A person convicted of a violation under this section shall be fined two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent violation.
Upon conviction, the Court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months, the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized motor bicycle, shall commence on the day sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Motor Vehicle Commission, along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties as set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice which shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under such an ordinance is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The Court shall not collect the license of the nonresident convicted under this subsection. Upon receipt of a report by the Court, the Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This subsection shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[1982 Code § 69-11]
It shall be unlawful for any person to sell, distribute, transfer, give or by any other means supply any alcoholic beverage to any person under the legal age to purchase alcoholic beverages, in any public or quasi-public place or while in or on a public street or thoroughfare or while in a parked vehicle on any street or public thoroughfare in the Borough of Little Ferry, except transfers between a parent and his or her minor child.
[1982 Code § 69-8]
Prohibited Consumption. No person shall consume or possess with intent to consume alcoholic beverages:
While in or on a public street, lane or sidewalk, public parking lot, public or quasi-public place other than a place licensed to sell and dispense alcoholic beverages for consumption on the premises, or in a public conveyance; or
In a private motor vehicle or other vehicle; or
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
[1982 Code § 69-9]
Notwithstanding the provisions of subsection 3-5.5, the Mayor and Borough Council may by resolution permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event, series of events or observance which has been authorized by the Governing Body.
[1982 Code § 173-12; Ord. No. 1384-13-13]
Any person who smokes or carries lighted tobacco in or upon any bus or other public conveyance, other than in the places provided, is a petty disorderly person.
Any person who smokes or carries lighted tobacco in any public place, including but not limited to place of public accommodation, where such smoking is prohibited by municipal ordinance under authority of N.J.S.A. 40:48-1 and 40:48-2 or by the owner or person responsible for the operation of the public place, and when adequate notice of such prohibition has been conspicuously posted, is guilty of a petty disorderly persons offense. The maximum fine which can be imposed for violation of this section is two hundred ($200.00) dollars pursuant to N.J.S.A. 2C:33-13.
[Ord. No. 1066-3-02; N.J.S.A. 26:3D-55 et seq.; Ord. No. 1384-13-13]
Definitions. As used in this subsection:
- MUNICIPAL BUILDINGS
- Shall mean structures owned and operated by the Borough of Little Ferry and/or occupied by Borough employees and used for official business of the Borough of Little Ferry.
- MUNICIPAL COURT
- Shall mean all sessions of the Municipal Court of the Borough of Little Ferry regular and special, held in the Municipal Building.
- Shall mean all areas within the Municipal Building that are used by Borough officials for the transaction of Borough business with the general public.
- PUBLIC MEETING
- Shall mean any meeting conducted in the Municipal Building by any board, commission, committee, council, agency or department of the Borough of Little Ferry to which the public is invited, allowed or encouraged to attend.
- Shall mean and include carrying or having in one's possession a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
- Shall mean any motor vehicle, car, truck, bus or conveyance registered to the Borough of Little Ferry.
Violations and Penalties.
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this subsection.
Any person who smokes in an indoor area in which smoking is prohibited shall be subject to the penalties stated in N.J.S.A. 26:3D-55 et seq.
Any person who smokes in an outdoor area in which smoking is prohibited shall be subject to a fine of not less than fifty ($50.00) dollars for the first offense, one hundred ($100.00) dollars for the second offense and two hundred fifty ($250.00) dollars for each subsequent offense.
Any person found guilty defacing or removing "No Smoking" signs which are required by this subsection shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than two hundred ($200.00) dollars for each violation, plus the cost of replacing the sign.
Any juvenile adjudicated to have violated the provisions of this subsection shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this subsection.
Construal of Provisions. No provision of this subsection shall be construed or interpreted to allow smoking where it is otherwise restricted or prohibited by other laws.
[1982 Code § 215-1]
As used in this section:
- GASOLINE-POWERED VEHICLE
- Shall mean and include all vehicles powered by a motor which uses gasoline or other petroleum product as fuel and all vehicles propelled otherwise than by muscular power. Such "gasoline-powered vehicles" shall include but shall not be limited to automobiles, vans, motorcycles, motorbikes, mopeds, motorized bicycles and tractor trailers.
- PUBLIC PARK, PUBLIC PLAYGROUND OR PUBLIC PROPERTY
- Shall mean those public properties owned, leased to, controlled by or devoted to the general public of the Borough of Little Ferry, including but not limited to property owned, leased or controlled by the Little Ferry Board of Education.
[1982 Code § 215-2]
No unauthorized person, firm or corporation shall operate a gasoline-powered vehicle in any public park, public playground or public property except upon clearly marked streets, highways, driveways or paths designed for use of gasoline-powered vehicles.
This section shall not apply to the operation of emergency vehicles, Borough-owned vehicles or Little Ferry Board of Education-owned vehicles.
[1982 Code § 215-3]
Any person, wishing to operate a gasoline-powered vehicle in any public park, public playground or public property shall apply for authorization from the Mayor and Borough Council to so operate a gasoline-powered vehicle. Such authorization shall be granted upon the showing by the applicant that the proposed operation is in the public interest and that such proposed operation will not detrimentally affect the health, safety, morals or welfare of the community.
[1982 Code § 209-1]
As used in this section.
- Shall mean any real property within the Borough which is not a street or highway.
- STREET OR HIGHWAY
- Shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- Shall mean a machine propelled by power, other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and includes, without exclusion, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
[1982 Code § 209-2]
No person shall abandon any vehicle within the Borough, and no person shall leave any vehicle at any place within the Borough for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned.
[1982 Code § 209-3]
No person shall leave any partially dismantled, nonoperating, wrecked, or junked vehicle on any street or highway within the Borough.
[1982 Code § 209-4]
No person in charge or control of any property within the Borough, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on such property longer than forty-eight (48) hours, and no person shall leave any such vehicle on any property within the Borough for a longer time than forty-eight (48) hours. This subsection shall not apply, however, with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
[1982 Code § 209-5; New]
The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the Borough which reasonably appears to be in violation of this section or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes. The Chief of Police or any member of the Police Department acting for him shall notify the registered and legal owner in writing, by personal service or by certified mail, at the last known address of the owner, of the removal of such vehicle and the reason for the same and the location of the vehicle. Such vehicle shall be retained and impounded until the owner or his duly authorized agent shall have paid the cost of such taking and removal, together with a garage charge of thirty ($30.00) dollars for each and every day such vehicle is retained and impounded.
[Ord. No. 1079-16-02 § 1]
The purpose of this section is to control and regulate off-road motor vehicles within the Borough in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the Borough.
[Ord. No. 1079-16-02 § 2]
As used in this section:
- Shall mean any two-wheeled, motor-propelled apparatus licensed by the State of New Jersey Motor Vehicle Commission, for operation upon the public highways.
- MOTORIZED SPORTBIKE
- Shall mean:
- a. Any two (2), three (3) or four (4) wheeled bicycle or similar apparatus motor-propelled or having a helper motor and commonly referred to, among other designations, as a "moped," "minibike," "go-cart," "all-terrain vehicle," "trail bike," or the like which, by its nature, is not authorized to be licensed by the State of New Jersey Motor Vehicle Commission, for use upon the public highways, notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.
- b. A snowmobile and any similar sport vehicle which is motor-propelled and traverses the terrain by means of treads, tracks or the like, all as contrasted to wheels.
- PRIVATE PROPERTY
- Shall mean all lands in the Borough not defined as public property or part of the road system.
- PUBLIC PROPERTY
- Shall mean lands owned or leased by the Borough, County of Bergen, the State of New Jersey, the Board of Education of the Borough, or any other equivalent public body, but specifically excluding therefrom any roadways being used for public transportation and being part of the accepted road system of the Borough, the County, or the State.
[Ord. No. 1079-16-02 § 3]
It shall be unlawful:
To operate a motorized sportbike or motorcycle, as a licensed or unlicensed operator, on private property other than with the written consent of all of the owners of the property. When such written consent has been obtained, the operator shall keep the same on his person for display to the authorities. The failure to present such written consent upon request or demand shall constitute a violation hereunder.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in subsection 3-11.4.
To operate a motorized sportbike or motorcycle on public or private property in such a way as to harass or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops, cropland, soils or vegetation.
To operate a motorized sportbike or motorcycle on public or private property without the same being in "proper operating condition," which is hereby defined as the presence of all original operating equipment specified therefor by the original manufacturers or with the same in operating condition at least equal to the manufacturer's requirements for the proper operation thereof or the equivalent thereof.
To operate a motorized sportbike or motorcycle on public or private property in a careless, reckless or negligent manner so as to endanger the safety or property of any person or public or private property, or in violation of the provisions of the Borough's noise ordinance.
[Ord. No. 1079-16-02 § 4]
The following regulations shall apply to the operation of a motorized sportbike or motorcycle operated on public or private property, other than the property of the family of which the operator is a member:
No person operating a motorized sportbike or motorcycle shall carry any other person, except in a place designated therefor and equipped therefor as part of the original manufacture for said purpose and in no event shall a rider be carried on the handlebars thereof.
It shall not be unlawful for any public employee or other party with an appropriate permit to operate motor vehicles in the locations for the purpose of maintaining, repairing or doing work upon the lands for the public good.
This section shall not be applicable to any recognized organization which has obtained permission from the Borough to use the lands for the sole purpose of holding organized and supervised rallies, races and/or meets.
It shall be unlawful for any person to operate any vehicle equipped with a muffler cutout, muffler bypass or similar device.
[Ord. No. 1079-16-02 § 5]
Any Police Officer may, at his or her discretion:
Impound any motorized sportbike or motorcycle operated on public or private property alleged to be in violation of this section, either by virtue of its operation and use contrary to the provisions of this section or by virtue of its operation by an unlicensed operator.
Impound any motorized sportbike or motorcycle operating on the public roadways in violation of any then-applicable State Statute or any regulation validly promulgated by any State agency having jurisdiction.
The period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense in a court of competent jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable cost of the removal and storage constituting impoundment. The Chief of Police or his designee may authorize early release. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this section.
[Ord. No. 1079-16-02 § 6; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5 with a minimum penalty of one hundred ($100.00) dollars. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
In addition to all other penalties, the violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[1982 Code § 74-1]
As used in this section:
- Shall mean any device having a wheel or wheels of twelve (12) inches or more in diameter, connected by a frame of metal or wood and so arranged as to be propelled by human power. The term "bicycle" does not include toy bicycles or children's tricycles.
[1982 Code § 74-2]
No Borough resident shall ride or operate a bicycle within the Borough without first obtaining a registration tag to be issued by the Little Ferry Police Department upon application of the owner.
Every person required under the terms of this section to obtain a registration tag shall apply for and procure same from the Little Ferry Police Department. The registration tag shall be fastened to the frame of the bicycle in a place to be determined by the Chief of Police. The substitution of registration tags not in conformity with this section is hereby prohibited. A registration tag shall be valid for as long as the person owns the bicycle.
[1982 Code § 74-3]
It shall be unlawful for any person to ride or operate a bicycle in the Borough unless such person rides or operates such bicycle in accordance with the following rules and regulations:
A registration tag shall only be issued by the Little Ferry Police Department upon a satisfactory showing by the applicant to the Little Ferry Police Department that the bicycle is in safe mechanical condition.
The applicant shall also demonstrate his or her qualifications for operating a bicycle and his or her knowledge of the vehicular and traffic laws of the State of New Jersey applicable to bicycle signs, signals and safety regulations.
[1982 Code § 74-4]
The Little Ferry Police Department shall issue to each applicant a printed copy of the safety rules and regulations for the use of bicycles, the substance of which shall be as follows:
Lights. Every bicycle shall be equipped with a light on the front and a red reflector on the rear when used at night.
Audible Signal. No person shall operate a bicycle unless it is equipped with a bell or other device, to be approved by the Chief of Police or his representative, which is capable of giving an audible signal, except that no person shall use a siren or whistle on a bicycle.
Brakes. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Hitching. No person riding upon any bicycle shall attach the same or himself to any vehicle upon a roadway.
Bicycle Seat. A person riding a bicycle shall not ride other than upon a permanent and regular seat attached thereto, nor shall be ride with his feet removed from the pedals or with both hands removed from the handlebars, nor shall be practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed.
Traffic Signals. Every person riding or operating a bicycle shall obey all stop signs and traffic signals in the same manner and to the same extent as would be required to dismount and walk his or her bicycle across heavily traveled streets.
Turns. Before turning or changing the direction of any bicycle on any street, highway, parkway or public place, it shall be the duty of the bicycle rider to give a signal, by the extension of the hand, to indicate the direction in which it is the intention to proceed.
Keeping to the Right. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable.
Single Line. Persons riding bicycles upon a roadway shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles. Wherever a usable path for bicycles has been provided, bicycle riders shall use such path and not use the roadway.
No person shall ride a bicycle upon a sidewalk within a business district.
The Chief of Police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, and when such signs are in place no person shall disobey same.
Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handlebars, and all persons operating bicycles must obey such other rules and regulations as may be promulgated from time to time by the Little Ferry Police Department with the approval of the Mayor and Borough Council.
[1982 Code § 74-5]
Every person subject to the provisions of this section who sells or transfers ownership of a bicycle shall report the sale or transfer to the Little Ferry Police Department by returning the registration tag issued to such person and at the same time furnishing the Police Department with the name and address of the person to whom the bicycle was sold or transferred.
[1982 Code § 74-6]
The Chief of Police or his duly authorized representative is hereby authorized and directed to provide within the Borough bicycle safety programs. Such bicycle safety programs may include lectures, courses in traffic safety, voluntary inspections of bicycles and publication of printed material to parents and children in the Borough of Little Ferry.
[1982 Code § 74-7]
Any person from ten (10) years of age to and including sixteen (16) years of age who violates any of the provisions of this section relating to the vehicle traffic laws or the bicycle safe-riding rules and regulations and the official police instructions for the safe operation of a bicycle shall be, for the first offense, reprimanded in writing by the Little Ferry Police Department, addressed to the parents or guardians of the offender, stating the nature of the violation and a warning that a repetition of the violation or any other violation must be prevented or the offender may be turned over to the Little Ferry Youth Guidance Council. On a second offense, the offender may be summoned to appear before the Youth Guidance Council, accompanied by a parent or guardian, and, after hearing of the violation, the Youth Guidance Council is hereby authorized to take appropriate action.
Any person seventeen (17) years of age or older violating any provision of this section shall, upon conviction thereof in Municipal Court, in addition to the suspension or revocation of his or her registration, be punished by the payment of a fine not to exceed twenty-five ($25.00) dollars.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
As used in this section:
- SHOPPING CART
- 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 use of the public in transporting commodities in stores and markets and their parking areas.
- PARKING AREA
- Shall mean a parking lot or other property by a retailer for the use of a customer for parking an automobile or other vehicle. The parking area of a 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 street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, parks, parking lots, parking areas and places used by the general public.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
It shall be unlawful for any person to remove a shopping cart as defined herein from the property of any shopping establishment. Further, it shall be unlawful for any shopping establishment to permit or allow any person to remove a shopping cart as defined herein from the property of the food-dispensing establishment.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
It shall be unlawful for any person, his agent or employee to leave or suffer or permit to be left any shopping cart, either owned by him or in his possession, custody or control, upon any sidewalk or street or to be left outside the premises or parking area of a retail mercantile establishment.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The Borough shall remove or cause to be removed any shopping cart found upon any sidewalk, street or otherwise left outside the premises or parking area of a retail mercantile establishment and shall take the same to Borough property where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The impoundment and/or subsequent release by the Borough of any shopping cart shall be in accordance with N.J.S.A. 40:48-2.65.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The fine imposed upon the owner or retailer for an impounded shopping cart shall be fifty ($50.00) dollars. No shopping cart shall be delivered to a person seeking to redeem, unless proof is submitted establishing to the satisfaction of the Borough such person's ownership or right to possession. Any delivery to a person deemed entitled thereof by the Borough from the proof submitted, shall be an absolute defense of the Borough against any other person claiming to be entitled thereof.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
When any shopping cart remains in the custody of the Borough for a period in excess of five (5) days after removal and with respect to which no person has presented to the Borough proof establishing to its satisfaction such person's ownership or rights to possession, the Borough shall give public notice in its official newspaper that, at a specified place and time, not less than five (5) days after such notice is published, the shopping cart shall be sold at public auction for not less than ten ($10.00) dollars plus the costs of advertising the sale. If, after such notice of sale is given, any person desires to redeem any shopping cart prior to sale such person shall pay to the Borough for redemption the sum of fifty ($50.00) dollars plus the costs of advertising the sale. A general description of the cart to be sold shall be sufficient. The sale shall be conducted by such person as the Borough Council shall designate.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
If the shopping cart is not sold at public auction, the Borough may offer it again for sale or may dismantle, destroy or otherwise dispose of the same.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
Any disposition of such shopping cart made pursuant to this section shall be made without any liability of the Borough to the owner of such shopping cart or other person lawfully entitled thereto or having an interest therein.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
Upon a redemption or sale of a shopping cart, the proceeds shall be deposited in the general funds of the Borough.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
This section shall not apply to any shopping cart or personal property which may come into the possession or custody of any department of the Borough pursuant to any other ordinance, law or regulation.
[1982 Code § 65-1]
As used in this section:
- ALARM SYSTEM
- Shall mean the combination of sensory apparatus and related hardware which when activated by the appropriate stimulus produces a signal making known the existence of an emergency situation and requiring immediate investigation and response by law enforcement agencies.
- FALSE ALARM
- Shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of such alarm system or his family, employees or agents. "False alarm" shall not include alarms caused by hurricanes, tornadoes, earthquakes or other acts of God.
[1982 Code § 65-2]
The Police Chief shall cause a written notice to be mailed to the owner or lessee of an alarm system within fifteen (15) days of the first false alarm, setting forth the fees that may be assessed under this section.
[1982 Code § 65-3]
After two (2) false alarms in any calendar month, the owner or lessee of any alarm system shall be assessed a fee of twenty-five ($25.00) dollars upon the occurrence of the third or subsequent false alarm during such calendar month.
[1982 Code § 65-4]
Police Officers responding to all false alarms shall file a written report indicating all pertinent information pertaining thereto and a finding as to whether such false alarm was caused by human carelessness, mechanical failure or by any other cause.
[1982 Code § 65-5]
If a determination is made by the Police Department that the false alarm was caused by a malfunction or mechanical failure of the equipment as opposed to human carelessness or other cause, written notice of such determination shall be given to the owner or lessee of the alarm system within thirty (30) days thereof, who shall cause the same to be repaired promptly thereafter.
[1982 Code § 65-6]
In addition to the fee or fees payable under subsection 3-14.3, if three (3) or more false alarms are caused by malfunction or mechanical failure of the alarm system, the Borough shall have the right to require the owner or lessee of such alarm system to disconnect the same until such time as it has been repaired, and the Borough shall not be responsible during the period the same is disconnected for any losses incurred by the owner or lessee.
[1982 Code § 65-7]
Any owner or lessee may present evidence that a false alarm was in fact not caused by human carelessness or negligence or mechanical failure or malfunction, and the Police Chief may act upon such evidence and determine that such was not in fact a false alarm but was caused by hurricane, tornado or other violent act of God.
[1982 Code § 65-8]
All public buildings, including but not limited to those maintained and/or owned by the Borough of Little Ferry, the Little Ferry Board of Education, the Little Ferry Free Public Library and churches, are specifically exempted from the provisions of this section.
[1982 Code § 115-1]
Upon proper application and approval of the Borough Council, it shall hereafter be lawful for any organization or association who shall be so authorized under N.J.S.A. 5:8-24 et seq. to conduct, hold and operate bingo games, lotto and/or raffles as described in Acts on Monday through Saturday of each week.
[1982 Code § 115-2]
Upon proper application and approval of the Mayor and Borough Council, it shall hereafter be lawful for any organization or association who shall be so authorized under N.J.S.A. 5:8-24 et seq. to conduct, hold and operate bingo games and conduct raffles as described in N.J.S.A. 5:8-31 on the day commonly known and designated as Sunday. Any such bingo games or raffles shall not be conducted under any license, unless the license specifically so provides.
[Ord. No. 1366-21-12]
The Municipal Clerk is hereby delegated the authority to act as the "issuing authority" to approve the granting of bingo and raffle licenses in accordance with the Bingo Licensing Law and Raffles Licensing Law, as administered by the Legalized Games of Chance Control Commission.
[1982 Code § 139-1]
No person shall detain or fail to return any book or article borrowed from the Free Public Library of the Borough of Little Ferry contrary to the rules and regulations of the Free Public Library after thirty (30) days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the library.
[1982 Code § 139-2]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article or any part thereof which is owned by or is in the custody of such library.
[1982 Code § 139-3]
No person with intent to defraud shall register or furnish a false name or address or use any card other than the one issued to the person for the purpose of borrowing any book or article from the library.
[1982 Code § 139-4; New]
[1982 Code § 117-1]
No person shall leave the motor of his car running when stopped or parked within ten (10) feet of any gasoline pump in any gasoline station in the Borough. Appropriate signs shall be posted in each gasoline station requiring that patrons thereof turn off their car engines when in the vicinity of the gasoline pumps for safety reasons.
[Ord. No. 1214-23-06 § 1; Ord. No. 1300-10-10]
As used in this section, the following terms shall have the meanings indicated:
- COMMERCIAL DELIVERY COLLECTION BOX
- Shall mean any box utilized by a commercial delivery service for the collection of letters and/or packages for delivery for a fee. Such term includes but is not limited to Federal Express, DFH, UPS, Lawyers Service, but does not include the United States Postal Service.
[Ord. No. 1214-23-06 § 2; Ord. No. 1300-10-10]
Commercial delivery collection boxes are permitted to be located within buildings in business districts.
[Ord. No. 1214-23-06 § 3; Ord. No. 1300-10-10]
Commercial delivery service collection boxes may be permitted outside of buildings in the business districts, provided that such boxes are in the rear of a building and are not visible from the adjoining street or a public parking lot.
[Ord. No. 1214-23-06 § 4]
All commercial delivery collection boxes shall be maintained in good working order at all times freshly painted and with unbroken hoods.
[Ord. No. 1214-23-06 § 5]
This section shall be enforced by the Code Enforcement Officer. All commercial delivery collection boxes shall be subject to inspection by the Code Enforcement Officer or any other duly authorized representative of the Borough.
[Ord. No. 1214-23-06 § 6; Ord. No. 1300-10-10]
Each noncomplying box will constitute a separate violation as will each day for which the box is in violation.
In addition to any other remedy, the Borough of Little Ferry may seize any box in violation of this section of the Code. Any box seized by the Borough may be returned to the owner upon payment of the fee established by the Mayor and Borough Council by resolution to recover the reasonable cost to the Borough for the seizure and storage of the box. Any box not claimed after thirty (30) days may be destroyed.
[Ord. No. 1216-25-06 § 1]
For the purpose of this section, certain words and terms herein are defined as follows:
- Shall mean one (1) side of a street between two (2) consecutive interacting streets.
- Shall mean the person, association of persons, firm or corporation who shall be responsible in whole or in part, jointly or separately, for the placement and maintenance of a newspaper vending machine in a public right-of-way.
- EXPLICIT SEXUAL ACTS
- Shall mean depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibitions of genitals; whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic hair, perineum, anus or anal region.
- NEWSPAPER VENDING MACHINE
- Shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of newspapers or other news periodicals.
- Shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.
- Shall mean "obscene material" as defined in N.J.S.A. 2C:34-3.
- Shall mean the area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway that is not open to vehicular travel.
- Shall mean any person or persons or entity, including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
- PICTORIAL MATERIAL
- Shall mean any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing.
- PUBLIC RIGHT-OF-WAY
- Shall mean any public street, highway, sidewalk, parkway or alley.
- Shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.
- SEXUAL AROUSAL, GRATIFICATION OR AFFRONT
- Shall mean "specified sexual activity" as defined in N.J.S.A. 2C:34-3, when used in this section to state the purpose or effect of statements, words, pictures or illustrations.
- SEXUAL BEHAVIOR
- Shall mean "specified sexual activity" as defined in N.J.S.A. 2C:34-3.
- Shall mean any surface provided for the exclusive use of pedestrians.
- Shall mean all the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
- SUPERINTENDENT OF PUBLIC WORKS
- Shall mean the Superintendent of Public Works or the designee of the Superintendent of Public Works.
[Ord. No. 1216-25-06 § 2]
The uncontrolled placement and maintenance of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.
It is a matter of public necessity that the Borough of Little Ferry protect children and unconsenting adults in and on its public streets, sidewalks, transportation facilities and other public rights-of-way from viewing public displays of offensive sexual material. Such displays are thrust indiscriminately upon unwilling audiences of adults and children and constitute assaults upon individual privacy.
These factors constitute an unreasonable interference with and obstruction of the use of public rights-of-way, constitute an unwarranted invasion of individual privacy, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the entire community.
The Mayor and Borough Council recognizes, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The Mayor and Borough Council further finds that these strong and competing interests require a reasonable accommodation, which can only be satisfactorily achieved through the means of this article, which is designed to accommodate such interests regulating the time, place and manner of using such newsracks.
[Ord. No. 1216-25-06 § 3]
The purpose of this section shall be to promote the public health, safety and welfare through the regulation of placement, type, appearance, servicing, and insuring of newspaper vending machines on public rights-of-way so as to:
Provide for pedestrian and driving safety and convenience.
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic including ingress or egress from any residence or place of business or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes and access to locations used for public transportation purposes.
Relocate and/or replace newspaper vending machines which result in a visual blight and/or excessive space allocation on the public right-of-way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements.
Maintain and protect the values of surrounding properties.
Reduce unnecessary exposure of the public to personal injury or property damage.
Treat all newspapers equally regardless of their size, content, circulation, or frequency of publication.
Maintain and preserve freedom of the press.
Cooperate to the maximum with newspaper distributors.
[Ord. No. 1216-25-06 § 4]
No person shall place, affix, erect, construct or maintain a newspaper vending machine upon any public right-of-way without first obtaining a one-time only certificate of compliance for each newspaper vending machine in accordance with the provisions of this section.
[Ord. No. 1216-25-06 § 5]
Application for a certificate of compliance shall be made, in writing, to the Little Ferry Police Department upon such form as shall be provided by it, and shall contain the following information:
The name, address and telephone number of the applicant who is the owner and/or principal in responsible charge of the newspaper vending machine.
The name, address and telephone number of a responsible person whom the Borough may notify or contact at any time concerning the applicant's newspaper vending machine.
The number of newspaper vending machines and the proposed location of each shown on a drawing as provided by the Little Ferry Police Department.
Names of newspapers or periodicals to be contained in each newspaper vending machine.
Type or brand of newspaper vending machine, including an illustration and description of the vending machine.
Method of securing the newspaper vending machine or machines so as to prevent the vending machine from being blown down or around the public right-of-way.
It shall be the duty of the Little Ferry Police Department to receive applications made pursuant to this section and conduct such investigation as may be necessary to establish compliance with the applicable provisions of this section.
Upon a finding by the Little Ferry Police Department that the applicant is in compliance with the provisions of this section, the Chief of Police shall cause to be issued a certificate of compliance for installation by the newspaper publishing company. Such issuance shall be within ten (10) working days of the Borough's receipt of the completed application.
If a certificate of compliance for some newspaper vending machine location applied for shall be denied, the applicant shall be notified within ten (10) working days of the Borough's receipt of the completed application. The applicant shall be advised of the specific cause of such denial by the Little Ferry Police Department, which will suggest alternative locations therefor. The applicant may reapply for substitute alternative location at no additional certificate of compliance fee.
[Ord. No. 1216-25-06 § 6]
Prior to the issuance of a certificate of compliance by the Little Ferry Police Department, the applicant shall furnish to the Police Department a certificate that the distributor has then in force public liability and property damage insurance, naming the Borough of Little Ferry as an additional insured in an amount not less than one million ($1,000,000.00) dollars minimum liability combined single limit (bodily injury and property damage) per person and per occurrence. The evidence of insurance filed with the Borough Police Department shall include a statement by the insurance carrier that thirty (30) days' notice will be given to the Borough before any cancellation of coverage.
[Ord. No. 1216-25-06 § 7; Ord. No. 1310-20-10]
There shall be an initial certificate of compliance fee in the amount of two hundred fifty ($250.00) dollars per newspaper vending machine and an annual fee in the amount of fifty ($50.00) dollars. The fee will be used to defray administrative expenses relating to this section.
[Ord. No. 1216-25-06 § 8]
Any applicant who has been denied a certificate of compliance pursuant to the provisions of this section may file an appeal with the Mayor and Borough Council of the Borough of Little Ferry by requesting in writing to the Borough Administrator appearance before the Mayor and Borough Council to review such denial. The appeal shall be heard by the Mayor and Borough Council within thirty (30) days of the filing of the appeal at a regularly scheduled meeting. The decision of the Mayor and Borough Council on appeal is subject to judicial review as provided by the laws of the State of New Jersey.
[Ord. No. 1216-25-06 § 9]
No newspaper vending machine shall exceed forty-eight (48) inches in height, twenty-four (24) inches in width or twenty (20) inches in thickness.
Newspaper vending machines shall have royal blue pedestals, sides, door and coin box.
Newspaper vending machines shall carry no card holders or advertising, but may display the name, with lettering and background of any colors, of the newspaper being dispensed, in spaces in the locations and sizes set forth below:
Newspaper vending machines for free newspapers may omit the coin box and may have the pull bar welded to the door to produce an "honor rack."
Newspaper vending machines shall be maintained in good working order at all times, freshly painted and with unbroken hoods.
Newspaper vending machines shall be chained, bolted or otherwise secured so as to prevent the vending machine from being blown down or around the public right-of-way.
Newspaper vending machines may be placed next to each other, provided that no group of vending machines shall extend for a distance of more than six (6) feet along a curb.
[Ord. No. 1216-25-06 § 10]
No newspaper vending machine shall be placed, installed, used or maintained:
Within five (5) feet of any marked crosswalk.
Within ten (10) feet of a curb return or any unmarked crosswalk.
Within five (5) feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five (5) feet of any driveway.
Within five (5) feet ahead of and fifteen (15) feet to the rear of any sign marking a designated bus stop, measured along the edge of pavement.
Within two (2) feet of any bus bench.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than five (5) feet.
Where a vertically protruding member of the newspaper vending machine is on or within twelve (12) inches or any area improved with lawn or hedges or within three (3) feet of flowers or trees.
Within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display, or within five (5) feet of a building entrance.
On or within two (2) feet of signs, parking meters, streetlights or utility poles.
[Ord. No. 1216-25-06 § 11]
The distributor shall be responsible to remove unused dated newspapers from the newspaper vending machine and dispose of same outside the boundaries of the Borough of Little Ferry.
[Ord. No. 1216-25-06 § 12]
In the event a newspaper publishing company or its distributor desires to voluntarily abandon a vending machine location, it shall completely remove the vending machine and restore the public right-of-way to a safe condition, leaving no holes or projections in the mounting surface.
[Ord. No. 1216-25-06 § 13]
Any person, firm or corporation violating any provision of this section shall, upon conviction, be subject to a fine of not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 1245-4-08]
Streets, Roadways, Sidewalks, Plazas. No person shall operate or cause to be operated a skateboard on streets, roadways, curbs and sidewalks adjacent to streets, and roadways, and public or quasi-public areas including but not limited to walkways, sidewalks, driveways, promenades and plazas on private property adjacent to streets and roadways.
Reckless Use; Interference with Pedestrians. No person shall operate or cause to be operated a skateboard in a reckless or hazardous fashion or in a manner creating interference with pedestrian traffic.
Holding a Motor Vehicle from Skateboard. No person operating a skateboard shall hold onto a motor vehicle or bicycle while such bicycle or motor vehicle is in motion.
Penalty. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed one thousand ($1,000.00) dollars or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the Court having jurisdiction in this matter. The Court shall have the discretion to impose a term of community service in lieu of imprisonment. Each day that a violation continues shall be deemed a separate violation.
[Ord. No. 1282-14-09 § 1]
No person shall purposely or knowingly vandalize, deface, damage, write, print, inscribe, etch, carve or place, with ink, paint, chalk or other substances, what is commonly known as "graffiti."
"Graffiti" shall include, but not necessarily be limited to, any form of letters, number, word or words, writing, inscription, symbol, drawing, carving, etching, painting, or any other marking of any nature whatsoever regardless of the content of said letters, number, word or words, writing, inscription, symbol, drawing, carving, etching, painting, or any other marking or the nature of the materials used in the commission of the act.
No person shall place graffiti on real or personal property of another, whether said personal or real property is publicly or privately owned, unless the owner of said property shall have, prior to the placing of graffiti, specifically consented to the same.
[Ord. No. 1282-14-09]
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of eighteen (18) years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of this section, as defined herein, either by words, by overt act, by failing to act, by negligence or by lack of supervision and control over said minor child. Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of said minor child who fails or neglects to exercise reasonable supervision and control of such infant child shall be liable in a civil action for any destruction or damage caused by such infant child offender under the provisions of this section.
[Ord. No. 1282-14-09]
Any minor child under the age of eighteen (18) years apprehended for the violation of this section shall be brought before the Bergen County Juvenile and Domestic Relations Court. As to the offense charge, the Bergen County Juvenile and Domestic Relations Court shall then have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to Juvenile and Domestic Relations Court, and the case, including all papers and process thereto, shall be transferred to said Court as provided in N.J.S.A. 2C:4-11. Furthermore, the parent, legal guardian or other person having care and custody of said minor shall be summoned or arrested and brought before the Judge of the Municipal Court of the Borough of Little Ferry and be subject to the penalties provided herein.
Any person who violates any of the provisions of this section shall, upon conviction thereof, be subject to imprisonment not exceeding ninety (90) days or a fine not exceeding five hundred ($500.00) dollars or both, in the discretion of the Municipal Court Judge.
An exception to this section shall be any minor child under the age of eighteen (18) years who shall, upon conviction, be subject to the penalties imposed on him by the Judge of Bergen County Juvenile and Domestic Relations Court.
As a condition of sentencing, the Municipal Court shall have the authority to order the offender to be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order that said offender make the necessary monetary restitution to restore the property to its original undamaged condition.
This section shall be considered as supplemental to the municipality's enforcement powers pursuant to N.J.S.A. 2C:33-9 (desecration of venerated objects), N.J.S.A. 2C:33-10 (graffiti on property to put persons in fear of violence) and N.J.S.A. 2C:33-1 (defacement or damage of property by placement of symbol, object or graffiti).
[Ord. No. 1282-14-09]
Should the premises of any of the landlords or tenants in Little Ferry be subject to any of the prohibited acts described in subsection 3-22.1, then and in that event it shall be the obligation of the owner or occupier to remove the defaced painting, writing or inscription within fourteen (14) days or as designated by the Building Inspector. The owner or occupier of premises shall have the duty to assist and aid the Police Department in ascertaining who committed the prohibited acts. Should the owner or occupier of the premises fail to remove the painting, writing or inscription within the time period described above, then that person shall be subject to the penalties described in subsection 3-22.3. In addition thereto, the municipality shall have the right to enter upon the premises and remove, erase or paint over the prohibited writing or inscription. The cost of the work shall be charged against the owner or occupier either through reimbursement to the municipality at the time fines are paid to the Municipal Court, or the municipality shall have the right to file separate action in order to collect the cost of the work.
[Ord. No. 1284-16-09 § 1]
This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Little Ferry and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 1284-16-09 § 2]
As used in this section:
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- 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 Borough of Little Ferry 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.
- REFUSE CONTAINER
- Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
- 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.
- WATERS OF THE STATE
- Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 1284-16-09 § 3]
Covering Required; Prevention of Overflow. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Discharge of Liquids Prohibited. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Little Ferry.
[Ord. No. 1284-16-09 § 4]
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. No. 1284-16-09 § 5]
This section shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Little Ferry.
[Ord. No. 1284-16-09 § 6; New]
[Ord. No. 1243-02-08 § 2]
This section is designed to enable Borough Police Officers to patrol and enter upon school property or grounds pursuant to a grant of authority from the Little Ferry Borough Board of Education for the purposes of preventing the unauthorized presence of persons during certain time period and to prevent certain listed activities and conduct at any time, and to arrest and fine those persons who engage in such prohibited activities. This section is necessary to maintain the safety and welfare of persons who are authorized to be on or in School Board property and facilities, as well as to protect School Board property.
[Ord. No. 1243-02-08 § 3]
It shall be unlawful for any person to be in or upon the property or grounds owned by the Little Ferry Board of Education without the authorization of the Board of Education between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. No. 1243-02-08 § 4]
Unless authorized by the Little Ferry Borough Board of Education, the following activities shall be prohibited at all times on all property or grounds owned by the Little Ferry Borough Board of Education:
Walking of dogs;
Dumping of refuse;
Defacing, damaging or destroying School Board property;
Playing on dumpsters;
Playing of street hockey;
Parking or driving of unauthorized vehicles on School Board property; and
Use of bicycles, wagons, scooters, skateboards or use of other type of manual transportation.
Any person taking part in any of the prohibited activities set forth herein shall be deemed in violation of this section.
[Ord. No. 1243-02-08 § 5]
Any person who violates any provision of this section shall be subject, upon conviction, to a fine up to one hundred ($100.00) dollars for the first offense and a fine of two hundred ($200.00) dollars for any subsequent offense.