Borough of Flemington, NJ
Hunterdon County
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Table of Contents
Table of Contents
The general power to adopt local police ordinances of all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in R.S. 40:49-5.
As used in this section
AIRCRAFT
Shall mean any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle.
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
a. 
Which advertises for sale any merchandise, product commodity or thing.
b. 
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales.
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit: but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this Borough.
d. 
Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean "garbage," "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition, shall include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground, recreation center or any other public area in the Borough, owned or used by the Borough and devoted to active or passive recreation.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Shall mean any dwelling house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant, and shall include, but not be limited to, any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
REFUSE
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.
RUBBISH
Shall mean nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, yard clippings, cardboard, tin cans, wood, glass, bedding, crockery and similar materials. For the purposes of § 3-1.4, the word rubbish shall also include leaves.
VEHICLE
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.
a. 
No person shall throw or deposit litter in or upon any street, sidewalk or other place within the Borough except in public receptacles for collection.
b. 
No person shall throw or deposit litter in or upon any street, sidewalk, curb or other place within the Borough even though the same may be 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.
No person 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. Notwithstanding anything in this subsection to the contrary, it shall be permissible to rake leaves into the gutter on any street or road in the Borough for purposes of collection and disposal by the street department during the fall of each year but not after December 1. Raking or depositing leaves in any gutter except during the aforesaid period of time shall be a violation of the provisions of this section.
No person 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 places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
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.
No person shall drive or move any truck or other vehicle within the Borough unless the 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 Borough, the wheels or tires of which carry onto or deposit on any street alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter in any park within the Borough except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter in any fountain, pond, stream or any other body of water within the Borough.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough. Nor shall any person hand out or distribute or sell any commercial handbill in any public place, provided that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, provided that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon the premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant or other person then present in or upon the private premises, provided that in cases of inhabited private premises which are not posted, the person, unless requested by anyone upon the premises not to do so, may place or deposit any handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property.
No person in an aircraft shall throw out, drop or deposit within the Borough any litter, handbill or other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the Borough, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter, provided that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Borough whether owned by that person or not.
a. 
Notice To Remove. The health officer or the police chief is authorized and empowered to notify the owner or tenant of any lands within the Borough or the agent of such owner or tenant, to properly dispose of litter located on the owner or tenant's lands which is dangerous to public health, safety or welfare. The notice shall be given by personal service, or by certified mail addressed to the owner, at his last known address.
b. 
Action upon Noncompliance. Upon the failure, neglect or refusal of any owner or tenant or any agent of the owner or tenant so notified to properly dispose of litter dangerous to public health, safety or welfare within ten days after receipt of written notice, or within 15 days after the date of such notice in the event the notice is returned to the Flemington Post Office because of its inability to make delivery, provided it was properly addressed to the last known address of the owner, tenant, or agent, the litter shall be removed from the lands in question under the direction of the health officer or police chief.
c. 
Charges Included in Tax Bill. In all cases where the Borough has affected the removal of litter or has paid for its removal under the direction of the health officer or the police chief, the health officer or police chief, whichever the case may be, shall certify the cost to the Borough Council. The Council shall examine the certificate, and if found correct shall charge the cost shown against the lands involved. The amount charged shall forthwith become a lien upon the lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[1]
Editor's Note: Former § 3-2, Loitering, previously codified herein and containing portions of Ordinance 3/27/72 and Ordinance No. 17-1978, was repealed in its entirety by Ordinance No. 2003-31.
The purpose of this section is to promote the public peace, morals and welfare of the residents of the Borough by prohibiting and barring any individual or entity from defacing, destroying or otherwise damaging private or public property without the owner's consent by application of graffiti, and requiring the prompt removal of graffiti by the owner of the property on which an unlawful application of graffiti has occurred.
As used in this section, the following terms shall have the meanings indicated:
GRAFFITI
Shall mean the unlawful application of any drawing, inscription, figure or make upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned.
GRAFFITI TOOLS
Shall mean any device including a spray paint container or indelible marker that can be used to apply any non-water soluble solution to any surface described in the definition of "graffiti" hereof.
HOBBY-SIZED PAINT CONTAINER
Shall mean any spray paint container of six ounces or less.
INDELIBLE MARKER
Shall mean any felt tip marker, china marker or similar device that is not water-soluble and which as a flat or angled writing surface of one-half inch or greater.
MINOR
Shall mean any person under the age of 18 years.
SPRAY PAINT CONTAINER
Shall mean any receptacle, whether or not aerosol, holding paint that can be used to apply paint to any surface described in the definition of "graffiti" hereof.
a. 
Prohibited Conduct. It shall be unlawful for any person to deface, destroy or otherwise damage private or public property without the owner's consent, by or through the application of what is commonly known as "graffiti."
b. 
Possession of Graffiti Tools Prohibited. It shall be unlawful for any person to have in his or her possession any spray paint container, indelible marker or other graffiti tool while on public or private property, without the consent of the respective owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of property in the vicinity. Among the circumstances which may be considered by the enforcement officer in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of an enforcement officer, refuses to identify him or herself or manifestly endeavors to conceal him or herself or the graffiti tool. Prior to any citation being issued to a person for a violation of this chapter, such person shall be afforded an opportunity by the enforcement officer to dispel any alarm or immediate concern which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct.
a. 
Sale to Minors.
1. 
No person or entity shall sell or otherwise transfer any indelible marker or spray paint container other than a hobby-sized paint container to a minor, unless said minor is accompanied by parent or legal guardian at time of purchase or transfer.
2. 
No minor shall, at the time of purchase of items specified in Subsection a., knowingly furnish fraudulent evidence of his or her majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a Federal, State, County or municipal government.
b. 
Display and Sale Requirement.
1. 
No person or entity shall sell or offer for sale, transfer or offer to transfer any spray paint container, including hobby-sized paint containers, unless such spray paint container is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public. The merchant may, at its discretion, utilize a line-of-sight display. To qualify as a line-of-sight display, the products must be easily and readily observed by the retail personnel at all times. To accomplish line-of-sight requirements, a retailer may utilize placement of personnel workstations, mirrors or cameras or other such devices or arrangements acceptable to the Borough enforcement officials to ensure surveillance of the product.
2. 
Every person or entity selling spray paint or indelible markers shall place a sign in clear public view at or near the display of such a product stating:
IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT OR WIDE-TIPPED MARKERS TO PERSON UNDER 18 YEARS OF AGE IN THE BOROUGH OF FLEMINGTON AND IS PUNISHABLE BY A FINE OF UP TO $2,000. OR IMPRISONMENT NOT TO EXCEED 90 DAYS INCLUDING A SENTENCE OF COMMUNITY SERVICE.
a. 
Graffiti Trust Account. A Graffiti Trust Account maintained by the Borough specifically for the remediation of graffiti on public property within the Borough is hereby created. The Mayor and chief financial officer shall control the allocation of the funds in the Graffiti Trust Account for the remediation of graffiti within the Borough, which shall include cleaning, repairing, painting or otherwise restoring the damaged public and private property to the condition existing prior to any remediation. Any remediation of public or private property subjected to graffiti may be funded by the Graffiti Trust Account at the discretion of the Mayor and/or chief financial officer. Any private property that has been subjected to graffiti is eligible for remediation through the Graffiti Trust Account only up to the amount of $500.
b. 
Reward Program. Any person who shall provide information which leads to the arrest and conviction of a violator of this section is entitled to receive from the Borough a reward of $500. The Mayor, or his/her designee, shall determine whether a particular reward shall be divided among persons based on the information provided; but in no event shall the total reward relating to a particular violation exceed $500. No person employed by the Borough shall be eligible for such reward.
a. 
Property Owner to Remove Graffiti. It shall be unlawful for any person, firm, public agency or utility owning, or acting as manager or agent for the property, whether privately or publicly owned, or permit the application of or fail to remove any graffiti from the property within 30 days of receipt of notice from the Borough to remove such graffiti. If the person, firm, public agency or utility owning, or acting as manager or agent for the owner of such property fails to remove the graffiti timely, the Borough shall cause the graffiti to be removed and charge the property owner for the expenses incurred. Failure of the property owner to pay the Borough shall result in the charges being placed as a municipal lien upon the property as permitted by statute.
b. 
The Borough police officers and code enforcement officers are hereby authorized to enforce the provisions of this section, including the issuance of summonses and notices required under Subsection c hereof.
c. 
Notice to Remove Graffiti. Whenever the Borough becomes aware of the existence of graffiti on any property, including structures or improvements within the Borough, a code enforcement officer or a police officer shall give, or cause to be given, notice to the property owner and/or owner's agent or manager to remove such graffiti therefrom. Such notice shall be in writing, delivered by certified and regular mail, and shall be made in substantially the following form:
NOTICE OF ORDER TO REMOVE
GRAFFITI FROM PROPERTY
TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY HEREINAFTER DESCRIBED
(Property Address, Block and Lot)
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF ORDINANCE 2007-15 AND CHAPTER 3.2 OF THE CODE OF THE BOROUGH OF FLEMINGTON, A COPY OF WHICH ORDINANCE IS ON FILE IN THE OFFICE OF THE BOROUGH CLERK, IN THE MUNICIPAL BUILDING. PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION EXISTS — NAMELY GRAFFITI — ON YOUR PROPERTY WHICH INJURES NEIGHBORING PROPERTY AND THE PUBLIC HEALTH, SAFETY AND WELFARE.
YOU ARE HEREBY FORMALLY NOTIFIED THAT YOU MUST IMMEDIATELY, BUT IN NO EVENT LATER THAN WITHIN THIRTY DAYS FROM THE DATE OF THIS NOTICE, REMOVE SUCH GRAFFITI FROM THE PROPERTY AND THEREAFTER KEEP THE PROPERTY FREE THEREFROM.
IN THE EVENT YOU FAIL TO COMPLETE THE REMOVAL WITHIN THE TIME INDICATED HEREIN, THE UNDERSIGNED SHALL CAUSE THE SAME TO BE REMOVED AND YOU WILL BE RESPONSIBLE FOR THE COST OF THE BOROUGH'S REMOVAL OF THE UNSIGHTLY CONDITION FROM THE PROPERTY, INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
YOU MAY BE ELIGIBLE FOR REMEDIATION OF COSTS TO COMPLETE REMOVAL FROM THE FLEMINGTON BOROUGH GRAFFITI TRUST ACCOUNT PROGRAM. YOU MAY CONTACT THE BOROUGH CLERK FOR MORE INFORMATION OR TO DETERMINE YOUR ELIGIBILITY.
SIGNED:
TITLE:
NAMED:
DATE:
***
ONCE THE GRAFFITI HAS BEEN REMOVED, YOU MUST SIGN A COPY OF THIS NOTICE WHERE INDICATED BELOW AND RETURN TO THE MUNICIPAL CLERK OF THE BOROUGH, NO LATER THAN 30 DAYS AFTER THE DATE OF THIS NOTICE, INDICATING AND CERTIFYING BY YOUR SIGNATURE THAT THE GRAFFITI HAS BEEN REMOVED, ANY OBJECTION TO THIS NOTICE MUST BE MADE IN WRITING BY PERSONAL DELIVERY OR CERTIFIED MAIL WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Certification by Property Owner
I hereby certify that the unsightly condition — namely graffiti — at the property indicated above has been removed. I certify that the foregoing statement made by me is true and accurate to the best of my knowledge. I am aware that if the foregoing statement made by me is willfully false, I am subject to punishment. I understand that my signature affixed hereto shall serve as my certification, which signature shall be the same as making a statement under oath, and the making of this certification is subject to the same penalties as provided by law for perjury.
Signed: _________________________________________________
Name: __________________________________________________
Date: ___________________________________________________
a. 
Parental Responsibility. Any act in violation of the provisions of this section committed by a minor under the age of 18 years shall be imputed to that minor's parent or legal guardian. A parent or guardian of a minor who violates any provision shall be liable for payment of any fines and the expense of restitution.
b. 
If a property owner does not undertake the removal of graffiti within 30 days of the date of written notice provided by the Borough to the owner, or in the case of the Department of Transportation — within 120 days of the date of written notice, unless an action challenging the notice and order to remove is still pending before a court of competent jurisdiction, the Borough shall undertake removal of the graffiti from the property, and the property owner shall be deemed in violation of this section and shall be subject to a mandatory fine of $50 to be paid by the property owner to the Graffiti Trust Account. Thereafter, the Borough shall present the property owner, by regular and certified mail, with a detailed itemization of the costs incurred by the Borough — which shall include the mandatory fine of $50 — and the Borough shall direct the property owner to reimburse the costs listed. If the property owner does not pay the costs within 30 days of the date of notice of itemized costs, the Borough shall assess the cost of removal as a municipal lien against the property, after certification thereto to the taxing authority. Any private property owner subject to this provision shall be entitled to full restitution for graffiti clean-up costs in the event the offender who caused the unsightly condition is apprehended and convicted, in accordance with Subsection c hereof.
c. 
Any person committing a violation of any provision of § 3-2.3 shall be punished by:
For a first offense, a mandatory fine of $1,000, plus full monetary restitution to restore the damaged property to its original, undamaged condition.
For a second or subsequent offense, a mandatory fine of $2,000, plus imprisonment for a term of up to 90 days, plus full monetary restitution to restore the damaged property to its original, undamaged condition.
In all cases, the affected property owner shall establish the cost of restitution subject to judicial review.
d. 
Any person committing a violation of any provision of § 3-2.4 shall be punished by:
A fine of up to $2,000, or imprisonment for a term of up to 90 days, or both. In lieu of imprisonment, the judge may impose a sentence of community service of up to 90 days.
Said convicted individual shall also make full monetary restitution to restore the property to its original undamaged condition. The affected property owner shall establish the cost of restitution, subject to judicial review.
e. 
Any fines imposed by the municipal court or other agencies authorized to impose a fine for a violation of this section shall be deposited in the Graffiti Trust Account to be used for the removal of graffiti from public structures and for the reward program as provided in § 3-2.5.
The chief financial officer shall report annually to the Borough Council on the status of the Graffiti Trust Account. At the very least, such report shall include the amount currently in the fund, and the amount allocated to graffiti remediation of the past year.
The administrative and legislative branches of this government shall endeavor to have the municipalities in close territorial proximity with the Borough of Flemington adopt legislation prohibiting the conduct as set forth in this chapter.
ABANDONED MOTOR VEHICLE
Shall mean any vehicle propelled otherwise than by muscular power, including vehicles which run upon rails or tracks, which are found in any public street, highway or lands and either not bearing current registration plates or, if bearing current registration plates, remaining stationary and unused on the public street, highway or lands for more than 14 days consecutively.
No person shall abandon a motor vehicle upon the public streets, highways and lands.
All abandoned motor vehicles shall be taken in possession by the police department and removed to a storage place. The police department shall then follow the procedures established by R.S. 39:10A to sell the abandoned motor vehicle at public auction.
Every owner or tenant of any lands adjoining public streets within the Borough shall remove all snow and ice from the abutting sidewalks of the street, marked crosswalks and fire hydrants, within 12 hours of daylight after the same shall fall, be formed or accumulate on such sidewalks, marked crosswalks and fire hydrants.
When the owner or tenant of any real estate fails to remove snow and ice from the abutting sidewalks of the street, marked crosswalks and fire hydrants, it may be removed by the Borough under the direction of the street department. The official in charge of the street department shall certify to the Borough Council the cost of the removal. The Borough Council shall examine such certificate and, if found to be correct, shall charge the cost against the real estate abutting the sidewalk, marked crosswalks and fire hydrants, and the amount shall become a lien and tax on the real estate and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest, in the same manner as other taxes. The cost of removal shall be in addition to any penalties imposed for a violation of § 3-4.1.
No person, firm or corporation, shall throw, place or deposit any snow or ice into or upon any street or marked crosswalk or upon any fire hydrants wherever located in the Borough of Flemington, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, shoveling, plowing or depositing snow and ice which has accumulated on private property within the Borough into or upon streets.
a. 
Any person who owns or controls a parking area which is open to the public or to which the public is invited and which contains special parking spaces for the use of persons who have been issued a placard or wheelchair symbol license plates pursuant to P.L. 1949, C280 (C.39:4-204 et seq.) shall be responsible for assuring that access to these parking spaces and to curb cuts or other improvements designed to provide accessibility for handicapped persons is not obstructed.
b. 
If snow or ice is obstructing the special parking space, curb cut or other improvement designed to provide accessibility for the handicapped, it shall be removed within 12 hours of daylight after the same shall fall, be formed or accumulate in such spaces, curb cuts or improvements.
c. 
A person who violates this act shall be liable for a penalty of not less than $200 or more than $500.
It shall be the duty of the owner, tenant or person in possession of any lands in the Borough to:
a. 
Keep all brush, hedges or other plant life, growing within ten feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than three feet where it shall be necessary and expedient for the preservation of public safety.
b. 
Keep the lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Borough, or which may constitute a fire hazard.
It shall be the duty of the owner, tenant or person in possession of any lands in the Borough to collect and remove the leaves in front of their properties.
After an investigation of any complaint of a resident, officer or employee of the Borough relative to a violation of this section, or upon his own motion, the police chief shall make a written report of the conditions complained of to the Council at its next regular meeting. If the reported conditions are found to exist, the Council shall direct the clerk to notify the owner, tenant or person in possession of the lands complained of, in writing, either personally or by registered mail, to remove such leaves within ten days after receipt of the notice. The police chief shall reinspect the lands in question after the ten day period expires and report, in writing, to the Council at its next regular meeting whether the condition complained of has been abated or remedied.
If the owner, tenant or person in possession of the lands in question fails to abate the condition complained of within ten days after receipt of notice, the police chief shall cause the condition complained of to be abated and shall certify the cost to the Council, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
No person shall burn any leaves within the Borough, on either public or private property.
No person shall throw any stone, stick, or other hard or offensive substance, or shoot any device at, into or upon any street, sidewalk, curb, alley, highway, park or other public place, quasi-public place or place to which the public is invited, or into any car, vehicle or private property not his own, which may cause injury or damage to any person or property using or being in or upon the same.
No person shall ride a bicycle or skateboard upon any sidewalk in the Borough.
No person shall obstruct the free and lawful passage of pedestrians and vehicles on the streets and sidewalks of the city by placing thereon any goods, wares, merchandise or other articles of trade or sale, or in any other manner whatsoever.
This section shall not apply:
a. 
Where the obstruction is caused by the loading or unloading of goods, wares or merchandise to and from vehicles in such a manner as to cause a minimum of obstruction which is necessary and unavoidable.
b. 
To receptacles for garbage, ashes or refuse lawfully placed on or in sidewalk areas for collection.
The police department is given full power and authority to prevent obstructions in violation of this section and to remove any such obstruction after giving to the owner of the premises abutting the area so obstructed a reasonable notice to remove the obstruction.
As used in this section the following words and phrases shall have the meanings respectively ascribed to them, except in those instances where the context clearly indicates a different meaning:
a. 
Street or highway the entire width between the boundary lines of a way publicly maintained when any part thereof is open to the public for purposes of vehicular travel.
b. 
Roadway that portion of a highway improved, designed or ordinarily used for vehicular travel.
c. 
Sidewalk that portion of a street or highway intended for the use of pedestrians, between the curb line or the lateral line of a shoulder, or, if none, the lateral line of the roadway, and the adjacent right-of-way line.
d. 
Bicycle path or paths a way, other than a roadway or sidewalk, that is designated as a bicycle route in § 3-10.3, or pursuant to § 3-10.4.
e. 
Vehicle every device in, upon or by which a person or property is, or may be, transported upon a highway excepting devices moved by human power.
f. 
Bicycle a two-wheeled device in, upon or by which a person or property is or may be transported and that is propelled by human power.
g. 
Bicycle route a portion of a roadway or a sidewalk or bicycle path that is designated as a route for bicycle travel, pursuant to sub-section 3-10.3 or 3-10.4.
When a roadway is designated as a bicycle route, the width and location of the bicycle route on the roadway shall be four feet in width, measured from the curb line, or if there be no curb line, four feet from the lateral line of the roadway, paralleling the right-of-way line.
The following roadways, sidewalks and paths are hereby designated as routes for bicycle travel, and as such, they shall be known as bicycle routes:
a. 
Roadways.
Roadway
Side
Location
North Main Street
South
Between Borough line and Park Avenue.
Park Avenue
West
Between North Main Street and Mine Street.
Capner Street
North
Between Park Avenue and Borough line.
Capner Street
South
Between Borough line and Park Avenue.
Mine Street
South
Between Borough line and Park Avenue.
New Jersey Route 12
North
Between South Main Street and Brown Street.
Central Avenue
West
Between Mine Street and Church Street.
Church Street
South
Between Central Avenue and the Borough line.
Broad Street
East
Between Church Street and Williams Street.
Williams Street
South
Between Broad Street and Elwood Avenue.
Elwood Avenue
East
Between Williams Street and New Jersey Avenue.
New Jersey Avenue
North
Between Elwood Avenue and East Main Street.
Hopewell Avenue
North
Between East Main Street and North Main Street.
North Main Street
North
Between Hopewell Avenue and the Borough line.
Brown Street
Both
Between Church Street and Route 12.
South Main Street
Both
Between Route 12 and the Borough line.
b. 
Sidewalks. None.
c. 
Paths. None.
The common Council may, from time to time by resolution, designate any other roadway, sidewalk, or path as a temporary bicycle route and may rescind any such temporary designation.
Subject to the approval of the State Commissioner of Transportation, where required, signs shall be installed in connection with bicycle routes as follows:
a. 
Route Markers. All bicycle routes shall be marked by standard white on green "Bike Route" marker signs as approved by the National Joint Committee on Uniform Traffic Control Devices. Where a private street, way or path is designated as a bicycle route, the words "Private Street (or Way), Use At Own Risk" shall be placed below each pertinent route marker sign. Where a temporary bicycle route is designated pursuant to § 3-10.4, the word "Temporary" shall be placed below each pertinent route marker sign.
b. 
Cyclist Dismount Signs. A black on white rectangular sign directing cyclists to dismount shall be installed at such locations along a bicycle route to temporary bicycle route as the Council may, by resolution from time to time, direct.
c. 
Other Cyclist Signs. The common Council may by resolution authorize the installation along a bicycle route of such other signs addressed to cyclists as it may deem appropriate.
d. 
Bicycle Crossing Signs. Standard black on yellow "Bike Xing" warning signs as approved by the National Joint Committee on Uniform Traffic Control Devices shall be installed at locations designated by resolution of the common Council.
e. 
Pavement Markings. When a portion of a roadway is designated as a bicycle route, such route shall be marked with a bright paint stripe approximately six inches in width, which stripe shall be located at its closest point, four feet from the curb line, or if there be no curb line, then four feet from the lateral line of the roadway.
a. 
Keeping to Right, Single File, Passing. Every person operating a bicycle upon a bicycle route shall ride as near to the right side of the bicycle route as practicable, exercising due care when passing a stationary object, or person, or one proceeding in the same direction. Persons riding bicycles upon a bicycle route shall ride in single file.
b. 
Signaling when Passing. Every person operating a bicycle upon a bicycle route shall give reasonable warning by an audible signal before passing a stationary person or a person proceeding in the same direction.
c. 
Dismounting When Required. Every person operating a bicycle upon a bicycle route shall dismount at such locations posted with "Cyclist Dismount" signs.
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of any provision of the provisions of § 3-10.6, shall be liable to a penalty of not more than $25.
The provisions of § 3-10.6 shall become effective as to a particular bicycle route only when signs and markings shall be installed for such route as required by the provisions of § 3-10.5.
Nothing herein shall be construed as dedicating for exclusive use by cyclists bicycle routes designated over and across roadways.
For violation of any provision of this Code, or any other ordinance of the Borough of Flemington, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be a fine not exceeding $1,000 or imprisonment in the county jail for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge. (N.J.S.A. 40:49.5)
Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
The Borough Council may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100 dollars. (N.J.S.A. 40:49-5)
Any person violating the parking provisions of this revision, or aiding, abetting or assisting in the violations of these provisions shall upon conviction before a judge be fined not more than $50 or imprisonment for a term not exceeding 15 days or both.
The police department may have any vehicle parked in violation of this chapter towed away at the expense of the owner.
In the event that a vehicle is towed away for illegal parking, it shall be stored in a safe place and shall be restored to the owner or operator of the vehicle upon payment of towing costs within 24 hours of the time the vehicle was removed, plus $5 for each additional 24 hours or fraction thereof that the vehicle remains in storage. The location of vehicles which have been towed away may be ascertained by requesting such information from the Borough police department.
a. 
The word juvenile means an individual who is under the age of 18 years.
b. 
The word guardian means a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
c. 
The word public place means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
a. 
No juvenile shall be on or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian.
b. 
No parent or guardian of a juvenile shall allow such juvenile to be on or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian.
The prohibitions of § 3-12.2 shall not apply to a juvenile (a) engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform, (b) engaged in errands involving medical emergencies, or (c) attending extracurricular school activities, activities sponsored by religious or community based organizations or other cultural, educational and social events, or traveling to or from such activities or events.
Any person who shall violate any of the provisions of this section shall be required to perform community service and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate this section, they shall be required to perform community service together.
a. 
The word vehicle as used in this section shall mean any device required to be licensed by the State of New Jersey for operation on the roads and highways of this State.
b. 
To garage shall mean the placing of a vehicle in a building, the function of which is to store vehicles.
No person in charge of or in control of premises within the Borough of Flemington, whether as owner, lessee, tenant, occupant or otherwise, shall allow any vehicle not currently registered by the State of New Jersey, or any partially dismantled, wrecked, junked, discarded or otherwise nonoperating vehicle to remain on such property; and no person shall leave any such vehicle on any property within the Borough.
The provisions of § 3-13.2 shall not apply to:
a. 
Persons, corporations or associations who are legally engaged in and/or licensed to engage in the used car business, the repair of wrecked cars, or the operation of an automobile junk yard.
b. 
Vehicles that are properly garaged on the premises.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed $500, or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of the provisions of this ordinance and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
Organizations, societies and associations duly licensed to hold and operate legalized games of chance under the provisions of R.S. 5:8-58 et seq. are hereby authorized to hold, conduct and operate authorized games of chance in the Borough of Flemington on Sundays pursuant to R.S. 5:8-58.
The Municipal Clerk of the Borough of Flemington is hereby authorized and delegated the authority to approve the granting of raffle and bingo licenses to be held in the Borough of Flemington.
It is the purpose of this section to regulate the public display by retailers of obscene materials, where such materials are likely to be viewed by minors, and thereby control and minimize any adverse effect.
KNOWINGLY
Shall mean:
1. 
Having knowledge of the character and content of the material described herein; or
2. 
Having failed to exercise reasonable inspection, which would disclose its character and content.
OBSCENE MATERIAL
Shall mean any description, narrative account, display or depiction of a specified anatomical area, or specified sexual activity contained in, or consisting of, a picture or other representation, a publication. A sound, video or other recording, or a film, which by means of posing, composition, format or animated sensual details, emits sensuality with the sufficient impact to concentrate prurient interest on the area or activity.
RETAILER
Shall mean any person who operates a store, newsstand, booth, concession or similar business with access for persons under 18 years of age, who is in the business of making sales of periodicals or other publications, films, CDs, DVDs or other recordings at retail containing pictures, drawings and photographs, whether such sales are either the primary focus of such business or are an ancillary aspect to such retail business.
SPECIFIED ANATOMICAL AREA
Shall mean:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
1. 
Human genitals in a state of sexual stimulation or arousal; or
2. 
Any act of masturbation, sexual intercourse or deviant sexual intercourse; or
3. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
No retailer who operates a store, newsstand, booth, concession or similar business, with unimpeded access or an unimpeded view of obscene materials, by persons under 18 years of age, or is in the business of making sales of periodicals, films, CDs, DVDs or other recordings, or other publications at retail, shall display or permit to be displayed at its business premises, any obscene materials at a height of less than five feet and without a blinder or other covering placed over the material displayed so as to completely cover any specified anatomical area. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any person, firm, corporation or other entity who violates any provision of this section shall, upon conviction, be punished either by imprisonment in the county jail for a term not exceeding 90 days or by a fine not exceeding $500, or both, in the discretion of the court. Each day the violation is continued shall constitute a separate offense.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 17-1980, 15-1990 and 2005-31.
[Ord. No. 2008-3; Ord. No. 2014-20]
a. 
"Chief of police" shall mean the chief of police of the Borough of Flemington.
b. 
"Special event" shall mean any parade, march, ceremony, show, demonstration, rally, vigil, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, sidewalk, park or other public place in the Borough of Flemington.
c. 
"Special event permit" shall mean a permit as required by this section.
d. 
"Person" shall mean any person, firm, partnership, association, group of two or more people, corporation, company or organization of any kind.
[Ord. No. 2008-3; Ord. No. 2014-20]
No person shall engage in, participate in, aid, form or start any special event, unless a special event permit shall have been obtained from the chief of police.
a. 
This section shall not apply to the following:
1. 
A governmental agency acting with the scope of its functions; or
2. 
Any person acting under regulatory or statutory authority.
[Ord. No. 2008-3; Ord. No. 2011-15; Ord. No. 2013-19; Ord. No. 2014-20; Ord. No. 2016-8]
A person seeking issuance of a special event permit shall file an application with the chief of police on forms approved by such officer.
a. 
An application for a special event permit shall be filed with the chief of police not less than 30 days before the event date if the event requires street closures, otherwise 6 days when no more than 180 days before the date of the event.
b. 
The application for a special event permit shall set forth the following information:
1. 
The name, address and telephone number of the person seeking to conduct the special event;
2. 
If the special event is proposed to be conducted for, on behalf of, or by an organization of any kind, the name of the organization and of the authorized and responsible heads of such organization;
3. 
The name, address and telephone number of the person who will be the special event chairman or organizer and, if different, who will be responsible for the conduct of the special event;
4. 
The date when the special event is to be conducted;
5. 
The route to be traveled, the starting point and the termination point or, if the special event is going to be in a fixed location and not moving, the location where the special event will be held;
6. 
The approximate number of persons who will constitute or partake in the special event;
7. 
If animals will be included in the special event, the specific type of each animal and whether each is domestic or wild;
8. 
The number and description of the motor vehicles or any other type vehicle expected to be used in the special event;
9. 
The specific times when such special event will start and terminate;
10. 
A statement as to whether the specific event will occupy all or only a portion of the width of the sidewalk(s) or street(s) proposed to be traversed or on which it will be located;
11. 
The location of the street(s) or any assembly area(s) to be used for the special event;
12. 
The time at which units of the special event will begin to assemble at each such assembly area;
13. 
The interval of space to be maintained between units of the special event if the event will be moving;
14. 
If the special event is designed to be held by, or on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the special event, authorizing the applicant to apply for the permit on its behalf;
15. 
A statement of the purpose of the special event; and
16. 
Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should be issued.
c. 
If the special event will use or traverse any State or county road or highway or be located on any Federal, State or county property within the Borough of Flemington, the application shall be accompanied by a written consent or other written authorization to hold such special event on the date and at the time requested, issued by the public agency or body having jurisdiction and control over said road, highway or property. If the event will require the closing of a Borough street, the application shall be accompanied by a Resolution of Consent adopted by the Borough Council.
d. 
When it reasonably appears that the applicant for a special event permit could not have complied with § 3-16.3 by filing the application for the special event permit not less than six days before the date on which it is proposed to conduct the special event, the chief of police shall have the authority to consider any application hereunder which is filed within such six-day period in the same manner as if it had been timely filed, provided the applicant sets forth the good faith reasons it could not timely comply in its written application for the permit.
[Ord. No. 2008-3; Ord. No. 2014-20]
The chief of police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that it is either (1) for any special event involving expressive activity protected by the New Jersey Constitution or United States Constitution and includes less than 25 people, provided the applicant signs a verified statement that he in good faith believes the event's purpose involves such expressive activity and will not require the closure of or substantially block or interfere with the use of a sidewalk, street, alley or other public right-of-way or other property owned or controlled by the Borough of Flemington or (2) that:
a. 
The conduct of the special event will not substantially interrupt the safe and orderly movement of other vehicular or pedestrian traffic contiguous to its route or location;
b. 
The conduct of the special event will not require the diversion of so great a number of police or fire officers of the Borough of Flemington to properly police or protect the location or line of movement and the areas contiguous thereto, as to prevent normal police or fire protection for the Borough;
c. 
The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Borough of Flemington, other than that to be occupied by the location or line of movement and areas contiguous thereto;
d. 
The concentration of persons, animals and/or vehicles at the location or assembly points of the special event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such location or assembly area(s);
e. 
The conduct of the special event will not interfere with the movement of firefighting equipment en route to a fire;
f. 
The special event either will not move or is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; and
g. 
The special event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.
[Ord. No. 2008-3; Ord. No. 2014-20]
If the application is disapproved, the chief of police shall give written notice thereof to the Borough Clerk and applicant setting forth the reasons for the denial of the permit.
[Ord. No. 2008-3; Ord. No. 2014-20]
The chief of police shall notify the applicant for a special event permit of his decision on such application within 72 hours of the time that the application was filed.
[Ord. No. 2008-3; Ord. No. 2014-20]
The chief of police also may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place, and manner of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such conditions include the following:
a. 
Alteration of the date, time, route or location of the event proposed in the event application;
b. 
Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route;
c. 
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street;
d. 
Requirements for the use of traffic cones or barricades;
e. 
Requirements for provision of first aid or sanitary facilities;
f. 
Requirements for the use of event monitors and providing notice of permit conditions to event participants;
g. 
Restrictions on the number and type of vehicles, animals, or structures at the event and inspection and approval of floats, structures, and decorated vehicles for fire safety by the Borough of Flemington Fire Department;
h. 
Compliance with animal protection ordinances and laws;
i. 
Requirements for use of garbage containers and the cleanup and restoration of Borough of Flemington and/or any other affected property;
j. 
Restrictions on use of amplified sound;
k. 
An application for a special event permit to conduct a block party may be conditioned on notice and obtaining written approval of 50 percent of the dwellings along the affected street(s);
l. 
Compliance with any relevant ordinance or law and obtaining any legally required permit or license.
[Ord. 2008-3; Ord. No. 2014-20]
Immediately upon the issuance of a special event permit, notice thereof shall be forwarded by the chief of police to the following:
a. 
The Mayor;
b. 
The clerk of the Borough;
c. 
The fire chief; and
d. 
The director of the department of public works.
[Ord. No. 2008-3; Ord. No. 2014-20]
Each permit shall state the following information:
a. 
The starting time and ending time;
b. 
The minimum speed, if applicable;
c. 
The maximum speed, if applicable;
d. 
The maximum interval of space to be maintained between the units of the special event, if applicable;
e. 
The location of the special event or the portions of the street(s) to be traversed that may be occupied by the special event;
f. 
The maximum length of the special event in miles or fractions thereof, if applicable;
g. 
Such other information as the chief of police reasonably shall find necessary to the enforcement of this special events ordinance.
[Ord. No. 2008-3; Ord. No. 2014-20]
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The special event chairman, organizer or other person heading or leading such activity shall carry the special event permit upon his person during the conduct of the special event.
[Ord. No. 2008-3; Ord. No. 2014-20]
a. 
No person shall unreasonably hamper, obstruct or impede, or interfere with any lawful special event or with any person, vehicle or animal participating or used in a special event.
b. 
No driver of a vehicle, streetcar or trackless trolley shall drive between the vehicles or persons comprising a lawful special event when such vehicles or persons are in motion and are conspicuously designated as a special event.
[Ord. No. 2008-3; Ord. No. 2014-20]
Any person who violates any provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both.
[Ord. No. 2008-3; Ord. No. 2014-20; repealed by Ord. No. 2016-8]
a. 
The word residents as used herein shall mean and include occupants of residential dwelling units in the Borough of Flemington.
b. 
The words clean-up material as used herein shall mean stoves, refrigerators, freezers, television sets, beds, springs, mattresses, furniture, lawn mowers, rugs, large toys and items of similar nature and automobile tires (but not more than two automobile tires per resident per clean up day). The words "clean-up material" as used herein shall not mean garbage, ashes, trash, rubbish, grass, yard clippings, shrubs, branches, newspapers, magazines, aluminum cans, glass, Christmas trees, leaves, trees, stumps, stones, earth, refuse from building operations or repairs, construction material, scrap auto parts or vehicles, garbage in liquid form or toxic or flammable chemicals.
c. 
The word garbage as used herein shall mean refuse from animal or vegetable food stuffs, and all petriflable material of any kind incident to the ordinary conduct of a household.
d. 
The word ashes as used herein shall mean all residue from stoves, furnaces and fireplaces used for domestic heating purposes.
e. 
The words trash and rubbish as used herein shall mean all cans (except aluminum cans), paper (except newspapers and magazines), plastic, clothing, small appliances, small toys and other wastes and refuse usually accumulated in and about a household.
f. 
The words clean-up day as used herein shall mean a calendar day designated by the Mayor and Borough Council of the Borough of Flemington during part of which residents may upon procuring a permit dispose of clean-up material in containers provided by the Borough of Flemington.
The Mayor and Borough Council of the Borough of Flemington may, from time to time, establish a clean-up day for residents to dispose of clean-up material at a location to be designated by the Mayor and Borough Council.
On clean-up days established pursuant to § 3-17.2 and between the hours to be established by the Mayor and Borough Council, residents who have obtained a permit to do so as hereafter provided may dispose of clean-up material in containers to be provided by the Borough of Flemington.
a. 
A resident may apply for a clean-up day permit on forms prescribed by the Mayor and Borough Council.
b. 
Applications shall be made at Borough Hall, 38 Park Avenue, Flemington, New Jersey on such days and times, as may from time to time be established by the Mayor and Borough Council.
c. 
Each applicant for a permit must present proof of residency in the Borough of Flemington by way of a drivers license, if such applicant has a drivers license, a tax bill, residential lease or copies thereof.
d. 
Each applicant shall set forth on the application a description of the motor vehicle to be used on clean-up day and the license plate number thereof.
e. 
One applicant may obtain more than one permit upon qualification therefor and upon paying an additional permit fee for each such permit. One permit entitles the holder thereof to offload a motor vehicle once.
f. 
All permits shall be in such form prescribed by the Mayor and Borough Council but in any event, shall bear a permit number, the name and address of the resident holder thereof, the license plate number and description of the permitted motor vehicle, permit fee receipt and the Borough seal.
g. 
All permits issued shall be surrendered by the holders thereof at the disposal site.
Fees for each permit shall be as follows:
a. 
Passenger automobile - $10;
b. 
Station wagon - $20;
c. 
Truck - six foot bed - $30;
d. 
Truck - eight foot bed - $35;
e. 
Truck with over eight foot but less than twelve foot bed - $75;
f. 
Truck with over twelve foot bed - $300;
g. 
Small or midsize van - $30;
h. 
Full size van - $35.
In addition to the above fees, a separate fee of $3.50 per automobile tire shall be paid.
Fees once paid are not refundable.
Residents shall off-load the clean-up material at the disposal site and deposit same in such different containers as may be directed.
a. 
No person shall dispose of clean-up material at the disposal site which was generated outside the territorial limits of the Borough of Flemington.
b. 
No person shall dispose of clean-up material at the disposal site without first obtaining a permit to do so.
Any person, firm or corporation who violates or neglects to comply with any provisions of this section or any regulation promulgated pursuant hereto, shall, upon conviction thereof, be punishable by a fine not to exceed $500 or imprisonment in the county jail for any term not exceeding 90 days, or both.
[Amended 8-13-2018 by Ord. No. 2018-13]
As used in this section:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
a. 
The rules and regulations of the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq., shall be complied with at all times while on Borough of Flemington property or within Borough of Flemington buildings, except as otherwise set forth in this section.
b. 
Smoking is prohibited within all buildings owned, rented or leased by the Borough of Flemington.
c. 
Outdoor smoking is prohibited within 25 feet of any entrance to or air intake duct on any building owned, rented or leased by the Borough of Flemington, except that this prohibition shall not apply to any private property within such a twenty-five-foot parameter that is not rented or leased by the Borough of Flemington.
d. 
Outdoor smoking is prohibited within any outdoor courtyard or atrium on any property owned, rented or leased by the Borough of Flemington.
The Borough of Flemington Clerk shall place or have placed signs in areas in which smoking is prohibited, which shall be located so as to be clearly visible to the public and shall contain letters or a symbol that contrasts in color with the sign, indicated that smoking is prohibited in such areas. The sign also shall indicate that violators are subject to a fine.
Any person who violates any provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense, except where expressly and exclusively governed by the violations and penalties of the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.
The purpose of § 3-19 is to require the display of numbers on buildings to identify them in case of emergency and to assist the general public in conducting its normal affairs and business.
The tax assessor of the Borough of Flemington is hereby authorized to establish numbers for each lot of land located in the Borough of Flemington and file maps of all such lots in his office after designating thereon the number established for each. When establishing lot numbers the assessor shall give due regard to the need for a logical and uniform sequence of numbers along the streets and roads in the Borough.
The owner of a lot of land located in the Borough of Flemington on which is located any building or buildings in which people are, or may be present at any time for any purpose, shall install numbers thereon which shall correspond to the numbers assigned by the tax assessor pursuant to § 3-19.2.
The following regulations shall apply to numbers on all buildings:
a. 
The numbers shall be Arabic, no less than three inches in height, and made of durable, clearly visible material. Roman numerals or script may be used to supplement the Arabic numbers but not as a substitute for them.
b. 
The numbers shall be made of reflective material or of a color which visibly contrasts with the material to which they are attached so they are easily discernible during the day or at night with the aid of an emergency vehicle spotlight.
c. 
All numbers shall be mounted so they face the street on which the building fronts.
d. 
All numbers shall be mounted no less than 30 inches above the level of the ground.
e. 
All numbers shall be visible from the street upon which the building fronts.
f. 
The numbers shall be maintained by the owner of the lot of land on which the building is located and shall be and remain unobstructed by trees, shrubs or other vegetation.
The following additional regulations shall apply to numbers on buildings containing multiple dwelling units or located in multi-family complexes such as garden apartment, townhouse and condominium developments:
a. 
Each building shall be identified clearly and the identification shall be visible from the street upon which the building fronts.
b. 
If a multi-family complex contains more than one building, each building shall be clearly titled.
c. 
Individual dwelling unit numbers shall be posted on the entrance door to each dwelling unit in a building containing more than one dwelling unit.
No original or continued certificate of occupancy shall be issued for any building to which § 3-19 applies unless same complies with the requirements of this section.
Section 3-19 shall be enforced by the fire subcode official, zoning officer and police department of the Borough of Flemington.
If any section, subsection, paragraph, or sub-paragraph of § 3-19 is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such section, subsection, paragraph or subparagraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections, paragraphs or subparagraphs of § 3-19.
For violation of any provision of § 3-19, the maximum penalty upon conviction of the violation shall be a fine not exceeding $1,000, or imprisonment in the county jail for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge.
Each and every day in which a violation of § 3-19 exists shall constitute a separate violation.
All sections, subsections, paragraphs or subparagraphs of the Revised General Ordinances of the Borough of Flemington, 1975 inconsistent or conflicting with the provisions of § 3-19 hereby adopted are hereby repealed, but only to the extent of such conflict or inconsistency.
This section shall take effect immediately after final passage and publication according to law.
The obstruction of driveways on private property to which the public is invited or which is devoted to public use prevents proper access for fire and rescue vehicles, equipment and personnel in the event of an emergency and is detrimental to the public health, safety, morals and welfare. The fire lanes herein designated are established to insure that fire and rescue vehicles, equipment and personnel have unobstructed means of ingress, egress and passage along the fire lanes to and through such properties in case of fire or other emergency.
[Ord. No. 17-1993 § 1; Ord. No. 19-1998 § 1; Ord. No. 2005-24 § 1; Ord. No. 2014-16]
The portions of property described on Schedule I attached and incorporated herein by this reference are hereby designated fire lanes.[1]
[1]
Editor's Note: Schedule I, referred to herein, may be found on file in the office of the Borough clerk attached to Ordinance No. 17-1993, as amended.
a. 
No person shall park, stop or leave standing any vehicle whether attended or unattended or otherwise obstruct any fire lane.
b. 
No person who shall own or occupy any property on which is located a fire lane shall permit or allow any person to park, stop or leave standing any vehicle whether attended or unattended or otherwise obstruct any such fire lane.
The police department and the bureau of fire prevention of the Borough of Flemington shall have concurrent jurisdiction in the enforcement of § 3-20.
a. 
The areas established as fire lanes by this section shall be designated by signs and pavement markings provided and installed by the owner of the property upon which each such lane is located.
b. 
Copies of this section or any amendment thereof requiring the installation of signs and the painting of fire lanes shall be mailed by certified mail or personally delivered to the owners of any affected properties by the police department or bureau of fire prevention of the Borough of Flemington, and thereafter, said property owners must install said signs and pavement markings within 45 days of such service.
c. 
The owner of property upon which a fire lane is located shall maintain all signs and pavement markings in good condition and repair at such owner's sole cost. Such owner shall repair, restore or replace the same or any of them within 45 days after receipt of written notice to do so from the police department or bureau of fire prevention of the Borough of Flemington.
d. 
In the event of the failure of any property owner to comply with subsections 3-20.5 a, b or c, the police department or bureau of fire prevention shall cause the work to be done at the cost of the property owner. Upon completion of the work, the police department or bureau of fire prevention of the Borough of Flemington shall certify the cost or the work to the Borough Council of the Borough of Flemington. Upon receipt of such certification, the Borough Council shall examine such certificate, and, if found to be correct, shall charge the cost against the real estate in question, and the amount shall become a lien and tax on such real estate and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest, in the same manner as other real estate taxes.
e. 
Nothing contained in Subsection d of § 3-20.5 shall be construed as preventing the police department or bureau of fire prevention of the Borough of Flemington from filing complaints in municipal court against noncomplying property owners.
Signs designating fire lanes shall be:
a. 
Rectangular with a red message on a white background;
b. 
Rounded at the corners and have a red border;
c. 
Not larger than 12 inches by 18 inches with the larger dimension vertical;
d. 
Metal;
e. 
Bear the following message:
NO
PARKING
OR
STANDING
FIRE LANE
f. 
Reflectorized;
g. 
Installed to face all directions of traffic flow into and within said lanes, except when otherwise directed by the police department or bureau of fire prevention of the Borough of Flemington;
h. 
Placed along the entire fire lane with a distance between signs of 50 feet;
i. 
Mounted approximately at right angles to the direction of traffic except when otherwise directed by the police department or bureau of fire prevention of the Borough of Flemington; and
j. 
Installed with the bottom of each sign approximately five feet from the pavement.
Pavement markings for fire lanes shall be as follows:
a. 
The pavement at the border of such fire lane shall be painted with four inch yellow lines to delineate the same;
b. 
The pavement within the fire lane border shall be painted with four inch diagonal yellow lines with spaces between such lines not greater than ten feet;
c. 
The words "No Parking or Standing Fire Lane" shall be painted on the pavement at major vehicular entrances to said fire lanes and every 100 feet along the entire length of the lanes and at other locations within the lanes as determined by the police department or the bureau of fire prevention of the Borough of Flemington;
d. 
The above words shall be painted in yellow block letters not less than 18 inches high with six inch wide strokes; and
e. 
Such markings shall be repainted as frequently as needed to maintain high visibility to vehicular traffic within and near the fire lanes.
Any vehicle parked, stopped or standing in violation of this section shall be deemed a nuisance and a menace and the police department or bureau of fire prevention of the Borough of Flemington may provide for the removal of such vehicle. The owner of such vehicle shall pay the reasonable cost of removal and storage before regaining possession of the vehicle.
For violation of any provision of this section, the maximum penalty upon conviction of the violation shall be a fine not exceeding $1,000, or imprisonment in the county jail for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge.
Each and every day in which a violation of any provision of this section exists shall constitute a separate violation.
No person shall cause, suffer, allow or permit the following acts:
a. 
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, tape player or similar audio device that reproduces amplified sound in such a manner as to create a noise disturbance across a residential real property boundary or between individual residential dwelling units as defined by § 16-4 between 10:00 p.m. and 7:00 a.m.
b. 
Loudspeaker/public address system. Using or operating of any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line or between individual residential dwelling units as defined by § 16-4.
Noise disturbance is defined as any sound of any kind described in § 3-21.1 which is clearly audible to a person of average hearing across a residential real property line or between individual residential dwelling units as defined by § 16-4 from the source of the noise.
Violation of this section shall be penalized as provided in § 3-11 of the Revised General Ordinances of the Borough of Flemington.
a. 
It shall be unlawful to sell a tobacco product to a minor, that is, a person under 18 years of age.
b. 
It shall be unlawful for any person to purchase a tobacco product (a) with funds furnished by a minor or (b) with the intent to sell such a product to a minor.
c. 
Sign requirement. The following six inch by eight inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING IN PUBLIC PLACES BY MINORS IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with State Statutes and Flemington Borough ordinances.
It shall be unlawful for a tobacco retailer to sell or permit to be sold any tobacco product to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
In view of the indiscriminate sales of tobacco products to minors through tobacco vending machines, all tobacco vending machines are hereby prohibited in the Borough of Flemington. It shall be unlawful for any person, firm, corporation or association to possess, own, operate, rent or permit the use of, or operation of, a tobacco vending machine, in, on, or about the premises under his or her ownership, control or management, or to sell, or offer to sell, any tobacco product through a tobacco vending machine in the Borough of Flemington.
It shall be unlawful for any person under the age of 18 to smoke a tobacco product in and/or on any public place, or to possess in open view, an opened pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product in any public place unless in the presence of his/her parent/guardian; with no expiration date.
a. 
Board of health shall mean the Flemington Borough Board of Health and may be referred to in this section as the "board of health", "department" or "board".
b. 
Health officer shall mean the health officer of the Borough of Flemington, and/or his or her authorized representative.
c. 
Retail establishment shall mean any place or business that sells to the public at retail.
d. 
Tobacco vending machine shall mean any mechanical, electrical or electronic self-service device, which, upon insertion of monies, tokens or any other form of payment, dispense tobacco or tobacco products, either exclusively or as one kind of an available item.
e. 
Tobacco product shall mean any product made from the tobacco plant or containing tobacco leaf, for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.
f. 
Public place shall mean any building or enclosed structure open to the general public, and any street, road, sidewalk, walkway, park or open space located within the Borough and maintained for use by the general public.
a. 
Whenever the health officer, or his or her designee, or a police officer of the Borough of Flemington reasonably believes there exists a violation of this section, such officer may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the subsection alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
b. 
The health officer, his/her designee or a police officer of the Borough of Flemington, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premises, place, person, record, incident or event as necessary to enforce the provisions of this section.
c. 
It shall be unlawful for any person to molest, willfully oppose, or otherwise act to interfere with or obstruct the health officer or his/her designee or any police officer in the performance of duties under this section. The health officer or designee may request the assistance of the Flemington Borough Police Department when necessary to execute his or her official duty in the manner prescribed by law.
d. 
Citizens may bring complaints for violation of this section.
a. 
If the provision of any article, section, subsection, paragraph, subdivision, application or clause shall be judged invalid by any court of competent jurisdiction, this order or judgment shall not effect or invalidate the remainder of any such article, section, subsection, paragraph, subdivision, application or clause, and, to this end, the provisions of the section are hereby declared severable.
b. 
This section shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Flemington, Hunterdon County, State of New Jersey.
a. 
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this ordinance shall, upon conviction thereof, pay a fine of not less than $100 or more than $500 for each offense. The complaint shall be made in the Municipal Court of the Borough of Flemington or before such other judicial officer having authority under the laws of the State of New Jersey.
b. 
Each day of possession or use of a tobacco vending machine shall constitute a separate violation of this section.
c. 
The board of health may suspend the retail food establishment license of any person convicted of a violation of this section, for a period of not more than three days, pursuant to the authority of the health commission to license and regulate establishments as provided by N.J.S.A. 26:3-31(c).
d. 
Notwithstanding Subsection a above, for violations of § 3-22.4 of this section, the penalties shall be as determined pursuant to the Code of Juvenile Justice, particularly N.J.S.A. 2A:4A-43b.
Subsection 3-22.4 shall no longer have any expiration date.
A charitable organization, as such term is defined in N.J.S.A. 45:17A-20, may be permitted to solicit contributions in a public roadway or highway to the extent permitted by, and subject to the restrictions of N.J.S.A. 39:4-60, as amended by Chapter 82 of the laws of 1996.
a. 
A charitable organization shall file a written application with the chief of police not less than six days nor more than 45 days before the date on which is proposed to conduct the solicitation.
b. 
The written application shall set forth the following information:
1. 
The name of the charitable organization along with proof of the applicant's status as a charitable organization.
2. 
The name, address, and telephone number of the person responsible for the solicitation.
3. 
The date of the solicitation.
4. 
The hours of the solicitation.
5. 
The place of the solicitation.
6. 
Any additional information which the chief of police shall find reasonably necessary such as certificate of insurance.
7. 
If the solicitation will use any State or county road within the Borough of Flemington, the application shall be accompanied by a written consent or other written authorization to hold such solicitation on the date and time requested, issued by the public agency or body having the jurisdiction and control of said road or highway.
a. 
The application shall be approved unless the chief of police finds, and the Mayor and the Council concur, that the time and/or place of such solicitation will cause a significant disruption or hindrance of traffic flow of the vehicles or pedestrians in the Borough.
No person shall take any action to hinder a member of the Borough of Flemington Police Department or any other law enforcement officer from effecting a lawful arrest. It is not a defense to a prosecution under this § 3-24 that the arresting officer was acting unlawfully in making the arrest, provided that he was acting under color of his official authority.
Any person violating this § 3-24 shall be subject to a penalty in accordance with § 3-11 of the Revised General Ordinances of the Borough of Flemington.
The purpose of this section is to provide for the enforcement of P.L. 2000, c.33 by local ordinance.
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
a. 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for the first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
b. 
Upon the conviction of any person and the suspension or postponement of that person's driving license, the 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 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 months after the person reaches the age of 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 R.S. 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 R.S. 39:3-40.
e. 
The court, shall, with respect to 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 underaged 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, R.S. 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.
It shall be unlawful to fail to extinguish upon request a lighted cigar, cigarette or pipe or any other matter or substance that contains tobacco, in or at any of the following:
a. 
Any park owned by the Borough of Flemington. This section shall not apply to any private event or gathering held by any person, organization or entity that only is for its members and their invited guests; and
b. 
Any event or gathering requiring a permit under § 3-16 titled "Parades" is required to designate a nonsmoking area. The chief of police, under the authority of § 3-16, may waive the provision of this section based on compelling logistical reasons that a nonsmoking section is not applicable to the permit.
c. 
Signs designating the "nonsmoking section" will be placed by the department of public works under the direction of the chief of police in coordination with the permit.
It shall be unlawful to smoke, which is defined as burning a lighted cigar, cigarette or any other matter or substance that contains tobacco, in all workplaces with the following exceptions:
a. 
Restaurants and bars;
b. 
Any place of business in which all employees are members of the same family; and
c. 
Any workplace that provides a separate, ventilated area that will protect all nonsmokers from exposure to second-hand smoke.
Notice of the prohibitions contained in this section shall be conspicuously posted in parks owned by the Borough, areas permitted above to be designated as nonsmoking and all nonexempt workplaces stated "Smoking Prohibited," or the appropriate "Smoking Prohibited" international symbol, and shall reference § 3-26. The sign shall be a minimum of six inches by eight inches and shall indicate that violators are subject to a fine. The letters or symbols shall contrast in color with the sign.
Any person or entity who violates any provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $25.
a. 
A person who is arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the arrestee's condition may be monitored until the arrestee is no longer a danger to himself or others, which is defined as when the arrestee's blood alcohol is less than 0.05% and the arrestee is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the arrestee's facilities are impaired. The officer or other person holding the arrestee shall release the arrestee from protective custody when the arrestee no longer is in a danger to himself or others. In no event shall the arrestee be held in protective custody for a period of longer than eight hours without providing the arrestee an appropriate hearing.
b. 
Notwithstanding the provisions of § 3-27.1a, provided that it is not a detriment to the public safety, the officer or other person holding the arrestee may, because of the age, health or safety of the arrestee, release the arrestee pursuant to the provisions of § 3-27.1d, or provide an appropriate alternative to protective custody. The Borough of Flemington shall not be subject to liability if a person is released from custody pursuant to the provisions of this section.
c. 
For the purposes of this section, an appropriate facility shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time as the arrestee is no longer a danger to himself or others as defined in § 3-27.1a.
d. 
Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a in order to transport or accompany the arrestee from the premises of the officer or other person holding an arrestee, the officer or other person shall provide that person with a written statement advising him of his potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated. The person to whom the statement is issued shall acknowledge, in writing, receipt of the statement, or the officer or other person holding the arrestee shall record the fact that the written statement was provided, but the person refused to sign an acknowledgement.
e. 
Nothing in this section shall impose any obligation on a physician or other health care provider involved in the treatment or evaluation of the arrestee.
a. 
Whenever a person has been arrested for a violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a, the Flemington Police Department shall impound the vehicle that the person was operating at the time of arrest.
b. 
A vehicle impounded pursuant to this section shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release in § 3-27.2d.
c. 
A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only if:
1. 
The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in § 3-27.2d of this section, or;
2. 
The vehicle is owned or leased by the arrestee, the arrestee gives permission to another person, who has acknowledged in writing receipt of the statement required in N.J.S.A. 39:4-50.22(1) to operate the vehicle and the conditions for release in § 3-27.2d are met.
d. 
A vehicle impounded pursuant to this section shall not be released unless the person claiming the vehicle:
1. 
Presents a valid operator's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle.
2. 
Is able to operate the vehicle in a safe manner and would not be in violation of Title 39 of the Revised Statutes; and
3. 
Meets any other conditions for release established by the Flemington Police Department.
e. 
A towing company authorized by the Flemington Police Department to impound a vehicle pursuant to this section can charge a fee for the towing and for the storage of the vehicle as provided in the schedule of fees maintained by the Flemington Police Department. The towing company is further authorized to retain custody of the vehicle until those fees are paid and the Flemington Police Department authorizes the release of the vehicle.
[Ord. No. 2013-1; Ord. No. 2014-10]
This section will be known as the "Towing Ordinance of the Borough Of Flemington."
[Ord. No. 2013-1; Ord. No. 2014-10]
The purpose of the section is to establish towing and storage fee schedules for towing motor vehicles that are Police Impounded, damaged in accident and disabled.
This ordinance shall apply to all companies that will be licensed to provide towing and storage for motor vehicles.
In order to protect persons who operate motor vehicles inside the Borough, to ensure the proper licensing, storage, availability and other controls over person and companies licensed to provide a rotating towing service.
[Ord. No. 2013-1; Ord. No. 2014-10]
Any company interested in towing for the Borough of Flemington shall pick up an application from Police Headquarters. All companies shall submit the application for a towing license and return it to the Chief of Police or his designee. This application will consist of name of the company or trade name, business owner information such as name, business address, contact phone numbers, size of storage lot, security features and location where customer will come and claim stored vehicles. Also storage lots must be zoned in accordance to the Borough for storage of vehicle and equipment. Company will also provide a service on a twenty-four hours a day basis each day of the year. Photos of all the equipment and storage facilities will be forwarded with the application. Complete listing of the insurance policies, carriers and agents the owner would place into effect upon license approval. A statement that the towing company / owner indemnify and hold harmless the Borough in the event that any claim or recovery is made against the Borough arising out of the towing and storage of vehicles. Upon completion of the application and investigation of the application the Chief of Police or his designee will forward a copy of the application to the Borough of Flemington Council along with a letter of recommendation for approval or disapproval of the license with the reasons if any. Once found to be approved a payment for the towing license for a fee of one hundred fifty ($150) dollars will be made to the Borough and a license will be issued to the applicant. Along with that the applicant will placed at the end of the towing list. All licenses shall expire on December 31 annually. The license is nontransferable or assignable.
[Ord. No. 2013-1; Ord. No. 2014-10]
Garage keeper's policy. A garage keeper's liability policy in the minimum amount of $100,00 for each vehicle damaged on a separate claim.
Garage liability policy. A garage liability policy covering the applicant's business, equipment and vehicles in the minimum amount of $ 500,000 for any one person injured or killed, and a minimum of $ 1,000,000 for more than one person killed or injured in any accident and an additional $ 100,00 for any damage arising from injury or destruction to property, and/or a combined single limit of $ 1,000,000. In addition to each policy containing an endorsement showing the Borough as additionally insured, such policy shall also provide an endorsement entitling the Borough to 30 days prior written notice to the Chief of Police or his designee in the event of any change to coverage under the policy, or in the event of the cancellation of the policy.
Workers' compensation policy. A workers' compensation policy covering all of the applicant's employees and operators, containing statutory coverage including liability coverage of at least $ 100,000 for each accident per person, $ 500,000 policy aggregate limit per disease, and $ 100,000 for each disease per person.
[Ord. No. 2013-1; Ord. No. 2014-10]
All operators of the licensed towing company who have entered into contracts with the Borough shall be obligated to comply with the following duties.
Remove and tow to the designated storage facility all vehicles directed by the Borough of Flemington to be removed and towed because such vehicles are designated as abandoned, illegally parked, disabled, involved in an accident, or to be impounded.
Store such vehicles in a fenced in lot with motion lights or a lot with security cameras and motion lights and move such vehicles as directed by Borough of Flemington.
Provide twenty-four hour, seven-days a week service to the Borough during the terms of the contract.
Respond promptly to all requests for towing service. In any event, the wrecker shall respond and be present at the location for service in 15 minutes of receipt of notice of the towing requirement between the hours of 7:00 a.m. and 7:00 p.m. (daytime), and within 25 minutes of receipt of notice between the hours of 7:01 p.m. and 6:59 a.m. (nighttime). In the event a wrecker does not arrive at the call for service within the above time periods, the police officer on scene shall have the right to have the next company on the rotation called to the location who will then have the right to perform the service. The original company contacted shall have no right to payment from any party.
Clean up all broken glass, debris and fluid spill at the scene of accidents, which work may be billed to the vehicle owner.
Furnish additional towing equipment and services during storm periods of snow emergencies, traffic emergencies and natural disasters.
Records of all vehicles towed by the Borough of Flemington along with a report of personal property found with the vehicle and an accounting of all monies received for fees for towing. The Chief of Police or his designee shall have access upon request to any and all invoices and records required.
In all of the wrecker's dealings with the public, the wrecker operator/owner shall act in a professional manor, courteous at all times and respectful to the public, as well as representative of the Borough.
The wrecker, not driven, must tow all vehicles from their location.
The towing company must have a permanent place of business.
The towing company shall also accept payment in either cash or a valid major credit card.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee shall recommend to the Borough Council rate schedules for storage of vehicles at the wreckers storage location approved by the Borough of Flemington. Each year the towing and storage rates will be provided to the towing company along with the license.
[Ord. No. 2013-1; Ord. No. 2014-10]
No towing company, whether licensed or unlicensed by the Borough, shall respond to the scene of an accident or emergency for the purposes of towing a vehicle unless specifically notified by the Borough of Flemington or the individual involved in the accident or emergency. As long as the officer on scene deems it's safe to wait for another company requested by the owner of the vehicle. The duty wrecker, to allow traffic to continue will only remove vehicles blocking traffic as a result of accidents or emergencies. Vendor will also not assign calls to other towing companies to complete a service call.
[Ord. No. 2013-1; Ord. No. 2014-10]
Vendor must present for service one truck, consisting of one flatbed, which meet the following minimum requirements:
a. 
10,000 pounds GVWR minimum commercially manufactured
b. 
Dual rear wheels
c. 
3,000 pounds minimum wheel lift capacity
d. 
8,000 pounds minimum winch capacity
e. 
Vehicle manufacture serial place must be legible for inspection
f. 
3/8" x 100' winch cable
g. 
(2) Safety chains 3/8" x 10" with a minimum of grade 7
h. 
Wheel lift safety straps
i. 
Motorcycle towing equipment
j. 
Amber Emergency lights (with a valid permit from the State of New Jersey)
k. 
Two work lights rear facing
l. 
Jumper box
m. 
Flashlight, Fire extinguisher, first aid kit, one box Traffic Triangles
n. 
5 gallon US dot approved gas can
o. 
Lug wrench / jack
p. 
Broom & shovel speedy dry
q. 
Traffic Vest min class 2 ANSI 1999 or above
r. 
17' or longer hydraulically operated 8,000 lb. bed
s. 
(2) Tire Skates and (4) point tie down straps
t. 
Must comply with all laws of the State of New Jersey and all Federal laws, including but not limited to the inspection requirements set forth in 49 C.F.R. 396 and other applicable regulations of the United States Department of Transportation ("US DOT") and the Federal Motor Carrier Safety Administration ("FMCSA") set forth at 49 C.F.R. 105, et seq.
[Ord. No. 2013-1; Ord. No. 2014-10]
Heavy Duty / Service vendors shall tow any vehicle that is over 10,000 pounds GVWR.
a. 
(2) 33,000 pounds GVWR minimum commercially manufactured chassis, hydraulic with a boom and under reach
b. 
Air brakes
c. 
One truck with a minimum towing capacity of 80,000 pounds
d. 
5/8" x 200' cable
e. 
(2) Safety chains 1/2 x 8' alloy
f. 
(4) Winching chains 1/2 x 8' alloy
g. 
(4) Chain Binders
h. 
(2) Recovery Straps 6" x 20' or longer
i. 
Axle lift safety straps or equivalent retention device
j. 
(2) 12 ton Snatch Blocks
k. 
Amber lights ([with a valid permit from the State of New Jersey)
l. 
Two work lights rear facing
m. 
Assortment of wood blocks and boards
n. 
Assortment of tools
o. 
Tow light bar or magnetic tow lights
p. 
Hydraulic bottle jack
q. 
Flashlight, Fire extinguisher and first aid kit
r. 
Broom & Shovel
s. 
(1) Air cushion recovery system with air pump, lifting capacity of 100,000 pounds
t. 
Semi-tractor with fifth wheel or wrecker with fifth wheel attachment
u. 
Must comply with all laws of the State of New Jersey and all Federal laws, including but not limited to the inspection requirements set forth in 49 C.F.R. 396 and other applicable regulations of the United States Department of Transportation ("US DOT") and the Federal Motor Carrier Safety Administration ("FMCSA") set forth at 49 C.F.R. 105, et seq.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee is authorized to establish a system of rotation for the assignment of the licensed and contracted towers. The rotation shall be established on a nondiscriminatory and nonexclusionary basis. Only licensed towing companies will be added to the list after the license and the investigation and inspection of vehicles and storage facility are complete. The Chief of Police or his designee will authorize additional towing companies as deemed needed to the rotation.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee are empowered to take the following actions:
a. 
Vendors may be removed or suspended from the towing list for three failures to respond in a timely basis, failure to demonstrate the skills necessary to perform towing and recovery in a safe, prompt and efficient manner, or excessive, unresolved customer complaints.
b. 
Termination may occur if the application is fraudulent, the owner's insurance is canceled, or if there is evidence indicating a pattern of consumers fraud or and serious violation as determined by the Borough of Flemington or the Chief of Police or his designee.
c. 
Vendor should be able to appeal any disciplinary actions against them to the Chief of Police or his designee. If not satisfied with the Chief of Police or his designee an appeal will be made with the Borough of Flemington.
d. 
Any equipment violations by State, US DOT or FMCSA will be suspended until all violations are corrected.
[Ord. No. 2013-1; Ord. No. 2014-10]
a. 
Applicant shall submit to inspection of storage facility and vehicles.
b. 
Vendors shall submit to at least one annual inspection.
c. 
Inspections shall include records of tows, employees and proof of insurance.
d. 
Random inspections.
[Ord. No. 2013-1; Ord. No. 2014-10]
The regulations and fee schedules of individual towers shall be available to the public during normal business hours of the municipality.
a. 
Light Duty Towing Fees.
1. 
Light Duty Towing Under 10,000 pounds GVW Monday -Friday 8:00 a.m.- 5:00 p.m.
2. 
$90 hook up and $4 loaded mile.
3. 
Light Duty Towing Under 10,000 pounds GVW Nights Weekends and Holidays.
4. 
$105 hook up and $4 loaded mile.
5. 
Light Duty Recovery of a vehicle will be $150 per hr minimum of 2 hrs.
b. 
Light Duty Storage Fees.
1. 
Outside Secured storage $30 per 24 hr. period.
2. 
Inside Secured storage $50 per 24 hr. period.
c. 
Medium and Heavy Duty Towing Fees.
1. 
Medium Duty Towing 10,000-25,999 pounds GVW Monday - Friday 8:00 a.m. - 5:00 p.m.
$200 hook up and $7 loaded mile.
2. 
Medium Duty Towing 10,000-25,999 pounds GVW Nights Weekends and Holidays
$250 hook up and $7 loaded mile.
3. 
Heavy Duty Towing 26,000-80,000 pounds GVW Monday - Friday 8am-5pm
$250 hook up and $8 loaded mile.
4. 
Heavy Duty Towing 26,000-80,000 pounds GVW Nights Weekends and Holidays
$300 hook up and $8 loaded mile.
5. 
Hourly rate for medium and heavy duty to be set by each towing company and be provided to the Chief of Police or his designee minimum of 2 hrs per recovery.
6. 
Does not include removing axles, drive shafts, air lines or any other required equipment to transport the vehicle, addition charges will apply.
d. 
Medium and Heavy Duty Storage Fees.
1. 
Tractor or Straight truck Outside Storage $60 per 24 hr. period.
2. 
Tractor and trailer Outside Storage $80 per 24 hr. period.