[Editor's Note: See Chapter 25, Hazardous Chemicals, for regulations concerning hazardous chemicals and wastes.]
[N.J.S.A. 40:49-5]
For violation of any provision of this revision, or other ordinance
of the Township of Lyndhurst, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be one or more of the following:
a fine not exceeding $1,000 for each and every offense; or imprisonment
in the county jail for not more than 90 days; or to a period of community
service not exceeding 90 days, at the discretion of the municipal
court judge.
[New]
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the township
exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all may be appropriate
for a particular case or violation.
[New; N.J.S.A. 40:49-5]
The governing body may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding $100.
[Ord. #1424]
As used in this section:
Shall mean any place wherein any person is engaged for hire
in the occupation or business of shaving, clipping, cutting, or trimming
of hair and/or the massaging of the faces or scalps of the patrons
thereof.
[Ord. #1449]
A barber shop, as hereinabove defined, shall remain open as
follows:
Tuesday, Wednesday, Thursday, Friday and Saturday from 8:30
a.m. to 7:00 p.m.
Barber shops shall be closed on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Presidential
Election Day, and on all Sundays.
Barber shops will be closed on all Mondays except in any week
wherein any of the aforementioned holidays are observed; in which
event, barber shops shall be opened on Mondays from 8:30 a.m. to 7:00
p.m.
[Ord. #1424]
No patrons shall be permitted to enter any such shop after the
closing hours above mentioned. Patrons who have entered the shops
before the closing hours may be serviced, anything hereinabove to
the contrary notwithstanding.
[Ord. #1512, § 1]
As used in this section.
a.
Bicycle shall mean and include a vehicle with two tandem wheels,
neither of which are less than 20 inches in diameter, with solid or
pneumatic tires, having a steering bar or wheel, a saddle seat, and
propelled by human power.
b.
Operate or any form or tense thereof shall mean and refer to the
use, putting into action or causing to function of a bicycle by a
person mounted thereon.
In addition to the above definitions, any applicable definitions
of the traffic chapter shall be included herein.
[Ord. #1512, § 2]
The following rules for riding and operating bicycles shall
be observed for all riders thereof:
a.
Riding Abreast. When more than two persons in a group are operating
bicycles on a roadway, they shall ride single file.
b.
Clinging to Vehicles. No person operating a bicycle shall cling or
attach himself, or the bicycle, to any other moving vehicle.
c.
Extra Passenger. No person operating a bicycle shall carry another
person on the handlebars of the bicycle.
d.
Emerging from Alley, Driveways and Garages. The operator of a bicycle
emerging from an alley, driveway, garage or private sidewalk, shall
stop the bicycle immediately prior to driving onto or across a public
sidewalk line projected across an alley, and shall exercise extreme
care in making such movements.
e.
Intoxicated, Drugs, or Physical Inability. No person shall operate
a bicycle while under the influence of liquor, or drugs, or while
physically or mentally unfit to safely operate the same.
f.
Lights. No bicycle shall be operated within the period from sunset
to sunrise without having a properly lighted headlight attached to
the front of the bicycle, visible under normal atmospheric conditions
from the front thereof, for a distance of not less than 300 feet,
nor without having a red light or a reflector attached to the rear
of the bicycle, which is clearly visible in the headlight beam of
a motor vehicle for a distance of not less than 200 feet to the rear
of the bicycle.
g.
Operating on Sidewalks. Bicycles may be operated on sidewalks in
public parks and in residence districts, but in single file only.
Under all circumstances the rider shall yield the right of way to
pedestrians using the sidewalk, and due and proper care shall at all
times be exercised by the rider for the pedestrians. When approaching
a pedestrian on the sidewalk, the speed of a bicycle shall be reduced
to a speed which is no greater than necessary to continue the operation
of the bicycle without the rider dismounting, and shall not be increased
until the pedestrian has been passed. No bicycle shall be operated
upon any sidewalk in the business portion of the township.
[Ord. #1512, § 3]
Bicycles, when parked in the business district, shall be parked
in zones or places designated and marked for that purpose. It shall
be unlawful to park any bicycle along buildings in such a manner as
to interfere with pedestrians, or along roadways where they may interfere
with traffic, or with persons getting into or out of motor vehicles.
No person other than the owner or operator shall move, or in any manner
interfere with, any bicycle properly parked, nor shall any person
interfere or in any manner hinder any person from properly parking
a bicycle, except that members of the police department and fire department
may move, or, in proper cases, prevent the parking of the bicycle,
when, in the judgment of the policeman or fireman, his action is necessary
in order to properly safeguard persons or property.
[Ord. #1512, § 4]
All bicycles when operated on roadways shall be kept to the
right and shall be operated as near as practicable to the right-hand
edge of the roadway.
[Ord. #1512, § 5]
Each bicycle shall be equipped with a signaling device in good
working order and audible at a distance of 50 feet when sounded.
[Ord. #1512, § 6]
No bicycle shall be operated at any time faster than is reasonable
or proper, and every bicycle shall be operated with reasonable regard
to the safety of the rider and of other persons and property.
[Ord. #1512, § 7]
Every person operating a bicycle shall strictly observe all
traffic signs and signals and all other traffic rules and regulations,
applicable thereto, and shall obey the orders and directions of every
officer of the township authorized to direct or regulate traffic.
[Ord. #1512, § 8]
No person shall, while operating a bicycle, indulge or engage
in any kind of trick or unsafe riding.
[Ord. #1512, § 9]
The operator of a bicycle on a roadway, when making a right
turn, shall follow the right-hand edge of the roadway, and the operator
of a bicycle on a roadway when making a left turn shall approach the
point of turning in the traffic lane nearest the center of the roadway.
No operator of a bicycle shall start, slow down, stop or attempt to
turn without first indicating such movement as provided by law.
[Ord. #1512, § 10]
Any member of the police department is authorized to inspect
any bicycle for the purpose of determining the mechanical condition
of the bicycle.
[Ord. #1512, § 11]
It shall be unlawful for any person to use or operate any bicycle
within the township without the consent of the owner.
[Ord. #1512, § 12]
The chief of police shall enforce the provisions of this section.
[Ord. #1512, § 13]
Any person violating the provisions of this section shall be
subject to a fine of not more than $50, or imprisonment for a term
not exceeding 15 days in the county jail, or both.
[Ord. #1526]
Games of chance, commonly known as "Bingo" as provided by the laws of the State of New Jersey, 1954, Chapter 6, may be conducted in the township on the first day of the week, commonly known and designated as Sunday, provided the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned Statutes of the State of New Jersey and the Rules and Regulations of the Legalized Games of Chance Control Commission and, specifically, providing that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
This section is being adopted in conformity with the provisions
of N.J.S.A. 5:8-31 requiring local authorization for the conduct of
such games of chance under the provisions of the aforementioned statute.
[Ord. #1424, § 12]
No person shall organize, place, maintain or operate any fraternal,
social, political or athletic club or organization in any location
within 250 yards of any public school or other duly accredited school.
[Ord. #1424, § 12]
Any club or organization mentioned in subsection 3-5.1 in existence on February 25, 1959, may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.
[Ord. #1511, § 1]
As used in this section:
Shall mean:
A riot or unlawful assembly characterized by the use of actual
force or violence or any threat to use force if accompanied by immediate
power to execute such force by three or more persons acting together
without authority of law.
Any natural disaster or man-made calamity including flood, conflagration,
cyclone, tornado, earthquake or explosion within the corporate limits
of the township resulting in the death or injury of persons or the
destruction of property to such an extent that extraordinary measures
must be taken to protect the public health, safety and welfare
Shall mean a prohibition against any person walking, running,
loitering, standing or motoring upon any street, public property or
vacant premises within the corporate limits of the township during
the hours in which a curfew has been imposed, excepting persons officially
designated to duty with reference to the civil emergency.
[Ord. #1511, § 2]
Whenever, in the judgment of the mayor, or in the event of his
absence, disability or other inability to act the director of revenue
and finance, or in the event of his absence, disability or other inability
to act, then the chief of police of the township determines that an
emergency exists as a result of mob action or other civil disobedience,
including riot, rout or unlawful assembly, or real and present danger
thereof causing or likely to cause danger of injury to or damages
to persons or property, he shall have the power to impose by proclamation
any or all of the following regulations deemed by him necessary to
preserve the peace and order of the township:
a.
To impose a curfew upon all or any portion of the township, thereby
requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, areas, parks or other public
places; provided that physicians, nurses and ambulance operators performing
medical services, utility personnel maintaining initial public services,
firemen and township authorized or requested law enforcement officers
and personnel shall be exempted from such curfew.
b.
To order the closing of any business establishments anywhere within
the township for the period of the emergency, such businesses to include,
but not be limited to those selling intoxicating liquors, cereal malt
beverages, gasoline or firearms or ammunition.
c.
To designate any public street, thoroughfare or vehicle parking areas
closed to motor vehicles and pedestrian traffic.
d.
To call upon regular and auxiliary law enforcement agencies and organizations
within or without the township to assist in preserving and keeping
the peace within the township.
e.
Issue such other orders as are immediately necessary in his judgment
for the protection of life and property.
[Ord. #1511, § 3]
The proclamation of emergency provided herein shall become effective
upon its issuance to news media or immediate dissemination to the
public, its posting on a bulletin board in the town hall and, where
feasible, by public address systems throughout the township.
[Ord. #1511, § 4]
Any emergency proclaimed in accordance with the provisions of
this section shall terminate after 48 hours from the issuance thereof,
or upon the issuance of a proclamation determining an emergency no
longer exists, whichever occurs first; provided, however, that such
emergency may be extended for such additional comparable periods of
time as determined necessary by the mayor.
[Ord. #1511, § 5]
a.
During the period of such emergency, no person shall make, carry,
possess or use any type of Molotov cocktail, gasoline or petroleum
base fire bomb or other incendiary missile.
b.
No person shall consume any alcoholic beverages in a public street
or public place or in any motor vehicle driven or parked thereon.
c.
No person shall carry or possess any rock, bottle, club, brick or
weapon or other object capable of being used as a weapon, unlawfully
against the persons or property of another, provided that anything
herein contained shall apply to any law enforcement officer or other
person engaged lawfully in enforcing the emergency restrictions or
thereunto authorized by the mayor.
d.
No person shall carry or transport gasoline or other liquid flammable
or combustible products in any container other than a gasoline tank
properly affixed to a motor vehicle.
e.
No person shall intercept or interfere with police and/or fire radio
broadcasts.
f.
Nothing herein shall be deemed to authorize any of the proscribed
conduct at any other times when it is prohibited by law.
[New]
Any person who shall violate any of the provisions of this section or who shall willfully fail or refuse to comply with the proclamation or shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency shall upon conviction thereof, be liable to the penalty contained in Section 3-1.
[Ord. #1601, § 1]
No person shall drink, imbibe or consume or possess any alcoholic
beverage in an opened or unsealed container in or upon:
a.
A public street, sidewalk, public parking place, park, playground,
recreation area or any other public or quasi public place, or
b.
A public conveyance, or
c.
A private motor vehicle while the same is in motion or is parked
in any public street, lane, parking lot or public or quasi public
place, or
d.
Any private property not his or her own, without the express permission
of the owner or other person having authority to grant such permission.
[Ord. #1601, § 1]
Any person who shall discard alcoholic beverage containers upon
any public street, sidewalk, public parking lot, public or quasi public
place or upon any private property not his own without the express
permission of the owner is a disorderly person.
[Ord. #1601, § 3]
Notwithstanding the provisions contained in subsection 3-7.1, the board of commissioners may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park or other public place at a time in connection with a special event, series of events or observance which has been authorized by the board of commissioners of the township.
[Ord. #130; Ord. #1739, § 1; amended 3-9-2021 by Ord. No. 3068-21]
As used in this section, the following terms shall have the
meanings indicated:
A manually operated or mechanically released device which
utilizes stored spring energy to propel an arrow or bolt.
Any mechanical device which emits a projectile through a
smooth bore tube or rifled barrel by the power generated as a result
of a controlled explosion or pneumatic pressure.
A pistol, revolver or other firearm originally intended to
be operated by use of a single hand.
Any dwelling, house, building, or other structure, designed
or used either wholly or in part for private residential purposes
or for commercial uses, whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging to or appurtenant
to such dwelling, house, building or other structure.
Any and all streets, sidewalks, parking lots open to the
public, parking areas open to the public, alleys or other public ways,
and any and all public parks, squares, spaces, grounds, public buildings
as well as all land owned by the Township of Lyndhurst.
A shoulder-braced firearm, usually requiring two-handed operation,
which fires a single missile through a rifled barrel, most commonly
designated in caliber or millimeter sizes.
A shoulder-braced firearm, usually requiring two-handed operation,
which fires a group of projectiles commonly referred to as "shot"
or a single projectile commonly referred to as a "slug" through a
smooth bore tube. The size designation of such a device is referred
to as "gauge."
No person shall purposely discharge, fire or carry any loaded
handgun, rifle, shotgun, other firearm or bow as defined herein within
the Township of Lyndhurst.
This prohibition does not apply as follows:
a.
To any
person authorized to carry or discharge such firearm or bow either
by reason of his membership in any Police Department or other law
enforcement agency or if such a person is a peace officer or other
person authorized by law to carry and discharge firearms in the performance
of his/her official duties.
b.
To any
individual covered under a permit to carry pistol or revolver as expressed
in N.J.S.A. 2C:58-4 for the specific purpose of which the permit was
intended.
c.
To any
individual participating in the sport of hunting while within approved
areas during designated hunting seasons as set by the State of New
Jersey for that purpose provided that no weapon may be discharged
onto Township, County, or privately owned property without express
written consent of the landowner of said property.. Hunting shall
be prohibited on municipal property except for those municipal properties,
if any, specifically designated for such purposes. Hunting in areas
not specifically designated as hunting areas or outside of designated
seasons is strictly prohibited and does not fall within the protection
of this exception. All hunters must comply with Title 23 of the New
Jersey Statutes Annotated, as amended, and any rules and regulations
promulgated thereunder, as well as abide by any and all "posted" signs.
d.
In participation
at any legally established rifle, handgun or archery range for the
purpose for which the range was intended and approved.
e.
To any
individual engaging in target practice by the use of bow and arrow
on private property provided that no arrow may be discharged onto
Township, County, or privately owned property without express written
consent of the landowner of said property.
f.
To any
individual engaging in the act of protecting his/her person, life
and property.
This chapter shall be enforced by the Police Department.
[Ord. #1531, § 1]
The board of commissioners shall require, pursuant to Chapter
281 of the Laws of 1971, that the owner of any barge docked in or
on the banks of any river within the township furnish a bond in the
sum of $25,000 from an insurance company authorized to do business
within the State of New Jersey.
[Ord. #1531, § 2]
The owner of any barge docking in or on any river within the
township for more than 10 consecutive days, whether occupied or not,
shall deliver the bond to the township clerk.
[Ord. #1531, § 3]
The bond furnished to the Township of Lyndhurst shall be held
by the township clerk as security in the event that the township is
required to remove the barge from the banks of any river of the township
due to the barge sinking or otherwise becoming unable to navigate
under its own power. The township shall be authorized pursuant to
Chapter 281 of the Laws of 1971 to be reimbursed for the expenditure
of any necessary moneys for the removal of the barge from the river
or river bank within the jurisdiction of the township.
[Ord. #1531, § 4]
The township shall deliver to the surety or the owner of the
barge the bond posted for the barge upon removal of the barge from
the river or the river banks within the jurisdiction of the township.
[Ord. #1531, § 5]
This section shall not apply to barges, ships or boats owned
or operated by common carriers engaged in interstate or foreign commerce,
nor shall it apply to pleasure craft used on a seasonal basis.
[Ord. #1547, § 1]
It is hereby determined by the board of commissioners that games of chance, commonly known as "raffles" as provided by the laws of the State of New Jersey, L. 1954, Chapter 5, may be conducted in the township on the first day of the week, commonly known and designated as Sunday, provided the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned Statutes of the State of New Jersey and the Rules and Regulations of the Legalized Games of Chance Control Commission and specifically, providing that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
[Ord. #1547, § 2]
This section is being adopted in conformity with the provisions
of N.J.S.A. 5:8-58 requiring local authorization for the conduct of
such games of chance under the provisions of the aforementioned statute.
[Ord. #145]
No person shall shoot or hunt with guns or other firearms within
the township.
[Ord. #1586, § 1]
As used in this section:
Shall mean one operated from a vehicle, wagon, truck or other
conveyance.
[Ord. #1586, § 2]
No person shall prepare, sell, expose for sale, or dispense
any ice cream, ice cream products, water ices, frozen water products
or any food cooked or uncooked, or any drinks or beverages for immediate
consumption, on any street, sidewalk, road, alley, vacant lot, school
yard, church yard, or outside areas in public parks and recreational
areas from an itinerant restaurant unless such food or drink is protected
from contamination by insects, dust and all other foreign or injurious
contamination, in tightly covered dust proof containers, packages
or wrappers.
[Ord. #1586, § 3]
Food in the itinerant restaurant shall be from a source which
is in compliance with applicable state and local laws and regulations.
Food from such sources shall have been protected from contamination
and spoilage during subsequent handling, packaging, and storage, and
while in transit.
[Ord. #2597, § 1]
No person shall be permitted to operate an itinerant restaurant without obtaining a retail food establishment license from the Lyndhurst Department of Health, as provided in Section 22-3 of the Township's Revised Ordinances.
[Ord. #2597, § 1; Ord. #2872-12, § 1;
Ord. #2880-13, § 1]
In addition to the licensing and fee requirements provided in Section 22-3 of the Township's Revised Ordinances, all operators, managers, employees and persons serving food in connection with an itinerant restaurant shall be required to submit to a background check by the Lyndhurst Police Department, annually in January, which shall include fingerprinting, as required by the police department, and submission of two passport photographs to the police department. In the event that such background check shall reveal that such operators, employees or servers have been convicted of a crime of moral turpitude or which is sex-related, no license shall be issued to such individuals.
[Ord. #1424, § 10]
As used in this section:
Shall mean a motor vehicle designed for operation on public
streets and ways which is not, and has not been for a period of 90
days or more, currently registered with a governmental agency having
jurisdiction to register the same.
Shall mean a building or structure having no means of vehicle
ingress or egress other than through an operable door.
Shall mean a motor vehicle which is not, and has not been
for a period of 90 days or more, capable of operation on public streets
and ways under its own power; and further means a vehicle, whether
or not so operable, which is kept and maintained for the purpose of
stripping or removing parts therefrom.
[Ord. #1424, § 10]
It shall be unlawful for any person to keep, store or maintain
an abandoned or junked motor vehicle in the township except in an
enclosed garage or duly licensed premises.
[Ord. #1424, § 10]
A motor vehicle which conforms to the definitions in subsection 3-13.1 shall be presumed abandoned or junked, as the case may be, subject to rebuttal upon due proof of contrary intentions.
[Ord. #1424, § 10]
It shall be the duty of the members of the police department
to see to the enforcement of this section and to prosecute all violations
thereunder.
[Ord. #1424, § 10]
This section shall be known and may be cited as the "Anti-Litter
Ordinance" of the township.
[Ord. #1424, § 10]
As used in this section:
For garbage and ashes shall mean a suitable metal or plastic
receptacle, cylindrical in shape, and not less than two cubic feet
and not more than 3 1/2 cubic feet capacity in which to place
the garbage or ashes so accumulating on the premises, which receptacle
shall be provided with a close fitting metal or plastic cover; and,
if used for the storage of garbage or other offensive refuse matter,
it shall be water tight.
For litter other than garbage or ashes shall mean cardboard
boxes or cartons or wood boxes.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
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.
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the township, owned or used by
the township and devoted to active or passive recreation.
Shall mean any dwelling, house, building, or other structure,
designed or used either wholly or in part for private residential
purposes or for commercial uses, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
to or appurtenant to such dwelling, house, building or other structure.
Shall mean any and all streets, sidewalks, parking lots open
to the public, parking areas open to the public, alleys or other public
ways, and any and all public parks, squares, spaces, grounds and public
buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including ashes, street cleaning, dead animals,
abandoned automobiles, other abandoned personal property and solid
market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as circulars, leaflets,
pamphlets, wrappers, handbills, newspapers, and all and any other
printed or nonprinted paper material, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass and other similar materials.
[Ord. #1424, § 10; Ord. #1868, § I]
a.
Litter in Public Places. No person shall throw or deposit litter
in or upon any street, sidewalk or other public place within the township,
except in public receptacles duly authorized and provided by the township,
authorized private receptacles for collection, or in areas officially
designated as township dumping areas, provided that all such authorized
deposits shall be made in the manner and to the extent otherwise permitted
by other ordinances or State law.
b.
Depositing of Snow in Public Places. No person or his agent or employee
shall intentionally deposit snow or ice on the traveled portion of
any street, sidewalk, crosswalk, or other public place within the
township after the same has been cleared or plowed by any governmental
agency.
[Ord. #1424, § 10]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such manner and in such containers
as will prevent it from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property.
[Ord. #1424, § 10]
No person shall sweep into or deposit in any gutter, street
or other public place within the township the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall sweep the sidewalks,
entrance walks, parking lots and parking areas in front of or upon
their premises free of litter. Nothing herein recited shall prevent
the sweeping of leaves into the street during the periods officially
designated or announced by the department of public works as periods
for the collection of such leaves.
[Ord. #1424, § 10]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the township 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 sidewalks, entrance walks, parking
lots and parking areas in front or upon their premises free of litter.
Nothing herein recited shall prevent the sweeping of leaves into the
street during the periods officially designated or announced by the
department of public works as periods for the collection of such leaves.
[Ord. #1424, § 10]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
township or upon private property.
[Ord. #1424, § 10]
No person shall drive or move any truck or other vehicle within
the township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place.
[Ord. #1424, § 10]
No person shall throw or deposit litter in any public places within the township except to make deposits in public receptacles to the extent and in the manner permitted by subsections 3-14.3 and 3-14.4. Where public receptacles are not provided, all such litter shall be carried away from the public place by the person responsible for its presence and properly disposed of elsewhere as provided herein.
[Ord. #1424, § 10]
No person shall throw or deposit litter in any fountain, stream
or any other body of water in a public place or elsewhere within the
township.
[Ord. #1424, § 10]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[Ord. #1424, § 10]
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.
[Ord. #1424, § 10]
No person shall throw or deposit litter on any occupied private
property within the township, whether owned by such 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.
[Ord. #1424, § 10]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection. It shall be the duty of the owner
or owners, occupant or occupants of any private property to place
any authorized private receptacles at the curb in front of such private
property on the day of collection of garbage and refuse at such premises.
[Ord. #1424, § 10]
No person shall throw or deposit litter on any open or vacant
private property within the township whether owned by such person
or not.
[Ord. #1424, § 10]
a.
Notice To Remove. Any office designated by the department of public
works or department of public affairs is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the township or the agent of such owner to properly dispose of litter
located on such owner's property which is dangerous to public health,
safety or welfare. Such notice shall be by personal service, or by
registered mail, addressed to the owner, at his last known address.
b.
Action Upon Noncompliance. Upon the failure, neglect, or refusal
of any owner or agent so notified, to properly dispose of litter dangerous
to public health, safety or welfare within 10 days after the receipt
of written notice provided for in paragraph a above, or within 15
days after the date of such notice in the event the same is returned
to the township post office department because of its inability to
make delivery thereof, provided the same was properly addressed to
the last known address of such owner, or agent, the enforcing officer
is hereby authorized and empowered to order its disposal by the township.
c.
Charges Included in Tax Bill. When the township has effected the
removal of such dangerous litter or has paid for its removal, the
actual cost thereof, plus accrued interest at the rate of 6% per annum
from the date of the completion of the work, if not paid by such owner
prior thereto, shall be charged to the owner of such property on the
next regular tax bill forwarded to such owner by the township and
the charge shall be due and payable by the owner at the time of payment
of such bill.
d.
Recorded Statement Constitutes Lien. Where the full amount due the
township is not paid by such owner within 30 days after the disposal
of such litter, as provided for in paragraphs a and b above, then,
and in that case, the enforcing officer shall cause to be filed in
the tax collector's office of the township a sworn statement showing
the cost and expense incurred for the work, the date the work was
done and the location of the property on which the work was done.
The filing of such sworn statement shall constitute a lien on the
property, and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court, if any, for collection,
until final payment has been made. The costs and expenses shall be
collected in the manner fixed by law for the collection of taxes and
further, shall be subject to a delinquent penalty of 8% in the event
same is not paid in full on or before the date the tax bill upon which
the charge appears becomes delinquent. Sworn statements recorded in
accordance with the provisions hereof shall be prima facie evidence
that all legal formalities have been complied with and that the work
has been done properly and satisfactorily, and shall be full notice
to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated or described
in the statement and that the same is due and collectable as provided
by law.
[Ord. #2073, § I; Ord. #2084, § I]
a.
Private Outdoor Sites. Outdoor litter receptacles and their servicing
are required at the following places which exist in the municipality:
Drive-in-restaurants, all street vendor locations, constructions sites,
gasoline service stations, shopping centers, parking lots and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of their events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
b.
Private Indoor Sites. Indoor litter receptacles and their servicing
are required at all indoor retail establishments. Said receptacles
shall be visible and accessible to the public.
c.
Public Outdoor Sites. Outdoor litter receptacles and their servicing
are required at government buildings, schools, railroad stations,
parks, and at one-quarter mile intervals along the sidewalks along
Ridge Road, Stuyvesant Avenue and Valley Brook Avenue between Ridge
Road and Stuyvesant Avenue. The receptacles shall be provided and
serviced by the municipality.
[1]
Editor’s Note: Former Section 3-15, Loitering, previously
codified herein and containing portions of Ordinance No. 1529 was
repealed in its entirety by Ordinance No. 2642.
[Ord. #1424, § 12]
It shall be unlawful for any person without the written permission
of the commissioner of parks and public property to cut, break, climb,
injure or remove any tree, plant or shrub planted or growing in any
public park within the township or cause, authorize or procure any
person to cut, break, climb, injure or remove any such tree, plant
or shrub or any portion of such tree, plant, or shrub or to injure,
misuse or remove or cause, authorize or procure any person to injure,
misuse or remove any device set for the protection of any tree, plant
or shrub in any public park of the township.
[Ord. #1424, § 12]
It shall be unlawful for any person to enter upon any portion
of any lawn or cultivated ground of any public park within the township
when forbidden so to do by an official sign or other official notification.
[Ord. #1424, § 12]
It shall be unlawful for any person to throw, deposit or cause
to be thrown or deposited or leave any paper or waste material whatsoever
in or upon any part of the surface of any public park or lawn within
the township.
[Ord. #1424, § 12]
It shall be unlawful for any person to deface, damage or in
any way injure or cause to be defaced, damaged or injured any statuary,
fountain, monument or memorial or other structure or park in the township.
[Ord. #1575, § 1]
As used in this section:
Shall mean the board of education of the township.
Shall mean all waste material which, if thrown, scattered
or deposited, tends to create an unsightly condition or a danger to
public health, safety, or welfare.
Shall mean the department of parks and public property of
the township.
Shall mean those public lands owned by the township or board
of education, devoted to active or passive recreation, and which are
under the supervision and control of the parks department or board
of education.
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn.
[Ord. #1575, § 2; Ord. #2670, § 1]
It shall be unlawful for any person to do or commit any of the
following acts or things in a playground or recreation area:
a.
To operate a vehicle or to ride in or upon the same except on an
established road or way.
b.
To operate a vehicle on an established road or way at a speed in
excess of ten miles per hour.
c.
To kill, injure or disturb any animal or bird or to damage any tree,
shrub, grass or plant or to damage any building, sign, structure or
equipment of the parks department or board of education.
d.
To use any firearms, explosives, air rifles, sling shots or any other
weapon, except as may be provided by law.
e.
To throw, scatter or deposit any litter, except in receptacles provided
for the same.
f.
To use any loud, violent, obscene or profane language or to conduct
oneself in a disorderly or obscene manner to commit any nuisance.
g.
To break, throw or place any glass on the lawns, walks, roads, benches,
tables or other area.
h.
To disturb or interfere with any improvements under construction
or about to be constructed.
i.
To enter any area in disregard of signs or posted notices forbidding
the same.
j.
To give entertainment of any kind or to transact business of any
kind or to hold public gatherings, meetings, or assemblies without
the prior written permission of the parks department or the board
of education.
k.
To occupy any area for picnic parties, assemblages, business or entertainment
other than those designated for such purposes by the parks department
or the board of education and subject to the control and supervision
of such use by the parks department or the board of education.
l.
To take a pet or other animal on a leash or to permit a pet or other
animal to run at large. Assistance animals used by disabled persons
are exempted from this provision.
m.
To sell, vend, distribute or give away any article or merchandise
whatever without the prior written permission of the parks department
or the board of education.
n.
To carry, possess, dispose and consume any intoxicating liquors,
wines or beers; provided, however, that upon written application setting
forth the name and address of the applicant, the date, time, place
and purpose of the application, the mayor and council may suspend
the provisions of this paragraph or any part thereof, for civic or
public affairs within a specified location.
o.
To occupy any playground or recreation area between one hour after
sunset and one-half-hour before sunrise, without first obtaining a
permit in accordance with this chapter, except in an emergency and
after notifying the police department. However, if the playground
or recreation area is illuminated by artificial lighting, it shall
not be occupied after such lighting has been extinguished.
p.
To permit or to cause a vehicle to remain standing for a period longer
than five minutes between one-half hour after sunset and one-half
hour before sunrise; provided however, that this regulation shall
not apply to emergency repairs or to the attendance of the vehicle's
occupants' function authorized by the parks department or board of
education.
q.
To use roads or ways for the purpose of demonstrating any vehicle,
or for the purpose of instructing another to operate any vehicle or
for learning to operate any vehicle.
r.
To smoke in violation of any state or local law, rule or regulation,
or smoke in violation of any board of education rule or regulation.
s.
To purposefully or recklessly create a hazardous or physically dangerous
condition which could harm another person, or to engage in a course
of alarming conduct with the purpose to alarm or seriously annoy another
person.
[Ord. #2210]
Recognizing the intense use to which the basketball courts at
Landell's Field are being put to, as well as the competing demands
on the available court time by the various age groups wishing to use
the courts, it is determined to be in the best interest of the Township
of Lyndhurst to organize and regulate the use of the Landell's Field
basketball courts through the creation of the Lyndhurst Basketball
League under the auspice of the Lyndhurst Recreation Commission. Therefore,
the board of commissioners of the Township of Lyndhurst ordain that:
a.
The Lyndhurst Recreation Commission be authorized to create the Lyndhurst
Basketball League.
b.
This league shall require all applicants to register with the commission
or an employee(s) of the township parks department designated by that
commissioner. Membership in the league shall be limited to Lyndhurst
residents. Applicants for membership must supply proof of residency.
The recreation commission shall determine what period of time the
courts shall be open and when the lights shall be used and when the
lights shall be turned off. The courts shall be kept locked when not
used under the auspice of the league. The commission shall arrange
for adult supervision of the courts whenever they are open.
[Ord. #2447, § I]
Recognizing the intense use to which the football, softball,
baseball and soccer fields are being put to, as well as the competing
demands on available field time by the various age groups wishing
to use the facilities, it is determined to be in the best interest
of the Township of Lyndhurst to regulate the use of all recreation
areas as follows:
a.
The use of recreational facilities shall continue to be by permit
issued by the department of parks and public property for dates and
time for such use.
b.
All programs run by the recreation commission shall have the first
option for obtaining permits for use of the recreational facilities.
Any other persons, groups, or entities may obtain a permit or permits
for the use of recreational facilities provided that the recreation
commission has determined that the granting of said permit or permits
will not interfere with programs run by the recreation commission
which will be using the facilities for games or practices, or for
the general maintenance of the facilities.
c.
The department of parks and public property shall establish a fee
for the issuance of a permit appropriate to cover the expense of maintaining
the facility during the period of use governed by the permit. The
fee will be equivalent to the fee charged by the County of Bergen
for the seasonal use of the facility.
[Ord. #2670, § 1]
a.
Unlawful Acts. In addition to the prohibited acts contained in subsection 3-17.2, it shall be unlawful to commit any of the following acts or things in Town Hall Park, located at the rear of the Lyndhurst Town Hall, 367 Stuyvesant Avenue, as follows:
1.
To throw, scatter or deposit garbage or waste of any kind including
containers, wrappers, drinks, food, candy or gum, except in receptacles
provided for the same.
2.
To use wheeled vehicles or things of any kind, including golf carts,
bicycles, tricycles, roller skates, skateboards, roller blades, carts,
shopping carts, or any kind of wheeled or motorized transportation.
However, the following are exempted from this provision: authorized
use of such wheeled vehicles or things by township; board of education
or school employees; infant strollers and assistance wheel chairs
used by disabled persons.
3.
To engage an event, unless permitted, sponsored or authorized by
the township or a permit is issued by the department of parks and
public property for dates and times for such use.
4.
To obstruct, impede, disturb or interfere with the passage of pedestrians
on the sidewalks, trails, passageways, roads and driveways.
5.
To play, practice, or engage in a game, sport or activity which involves
a ball or object which is thrown, batted, struck or projected in any
way, including but not limited to, baseball, softball, stickball,
wiffleball, football, volleyball, basketball, soccer, kickball, handball,
tennis, ping pong, golf, Frisbee, or flying of kites, model airplanes
or other objects, except in the area of the handball court, or in
any permitted area designated by the township.
b.
Use of Certain Facilities. Use of the following facilities in Town
Hall Park shall be by permit issued by the Department of Parks and
Public Property for dates and times for such use as follows:
1.
Use of the gazebo by commercial groups, organizations or entities.
2.
Use of the band shell by any persons, groups, organizations or entities.
3.
The department of parks and public properties shall establish a fee
for the issuance of the permit appropriate to cover the expense of
maintaining the facility during the period of use governed by the
permit.
[Ord. #1513, § 1]
It shall be unlawful for any person to park or leave standing
any vehicle on lands of another, whether publicly or privately owned
in the township after notice has been posted as hereinafter provided
by the owner, occupant, lessee or licensee prohibiting such parking.
Nothing herein contained shall apply to any lands lying within the
bounds of any public street or highway.
[Ord. #1513, § 2]
Suitable signs not less than 18 inches by 24 inches bearing
the words "No Parking" together with any qualifications or restrictions
of such parking, if any, and conspicuously displayed shall be posted
on the lands by the owner, occupant, lessee or licensee thereof where
this section is effective. Defacing, tampering with or damaging such
signs when posted shall constitute a violation of this section.
[Ord. #1591, § 1]
As used in this section:
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood or other material such as is generally provided
by merchants for the use of their customers in carting or carrying
goods, wares and merchandise to automobiles or other vehicles.
Shall mean and include street, avenue, road, alley, lane,
highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk,
park, public parking lot, public parking area and public places used
by the general public.
[Ord. #1591, § 2]
It shall be unlawful for any person to leave or suffer or permit
to be left any cart, either owned by him or in his possession, custody
or control upon any public thoroughfare or upon any private property
not his or her own.
[Ord. #1591, § 3]
Any cart provided or made available for use by any person, his
agent or employee shall have securely attached thereto a plainly-visible
metal or plastic identification tag. The number of the cart, the name
and address of its owner and location of the premises where it is
actually available for use shall be legibly printed on the identification
tag.
[Ord. #1591, § 4]
The public works department of the township shall be authorized
to enter upon premises at any reasonable hour of a business day where
carts are provided, for the purpose of inspecting carts for proper
identification and otherwise effecting compliance with the provisions
of this section.
[Ord. #1591, § 5]
The public works department of the township shall remove or
cause to be removed any cart found upon any street and shall take
the cart to a place provided by the township where it shall be held
until redeemed, sold or otherwise disposed of as hereinafter provided
in this section.
[Ord. #1591, §§ 6, 7; Ord. #1847, § 1]
Whenever the public works department shall take any cart into
their possession bearing identification of ownership or right to possession,
a notice shall be sent by ordinary mail to such person advising him
or it that such cart is being held by the public works department
and that the cart may be redeemed upon payment to the township of
a fee or charge of $15.
Such cart may be redeemed by the owner thereof as shown by the
identification of ownership or right to possession at any time prior
to a sale, dismantling, destruction or disposal thereof and he or
it shall be entitled to receive such cart upon payment of the fee
or charge of the sum of $15.
[Ord. #1591, § 8; Ord. #1847, § 1]
When any cart remains in the custody of the public works department
for six months after coming into their possession and with respect
to which no person has presented to the township proof establishing
to its satisfaction such person's ownership or right to possession,
the township shall give public notice in a newspaper circulating in
the township that, at a specified time and place, such cart will be
sold at public auction. The sale shall be conducted by the township
clerk or by such other person as the board of commissioners shall
designate. If, after such notice of sale is given, an owner or other
person entitled to redeem any cart prior to the sale may redeem the
cart and pay to the township or its duly authorized agent the sum
of $30.
[Ord. #1591, § 9]
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the township or in such manner as shall be
designated by the board of commissioners.
[Ord. #1514, § 1]
As used in this section:
Shall mean and include all motor vehicles, motorcycles, trucks
and truck tractors.
Shall mean a place of business where gasoline, or any highly
volatile fuels for motor vehicles or internal combustion engines are
sold or offered for sale at retail, and dispensed into the fuel tanks
of such motor vehicles.
Shall mean every motor vehicle designed, used and maintained
primarily for the transportation of property.
Shall mean every motor vehicle designated and used primarily
for drawing other vehicles and not so constructed as to carry a load
other than a part of the weight of the vehicle and load so drawn.
[Ord. #1514, § 2; Ord. #2384, § I]
It shall be unlawful to perform any mechanical maintenance on
trucks or truck tractors at any gasoline service station within the
Township of Lyndhurst between the hours of 10:00 p.m. and 6:00 a.m.
It shall further be unlawful to perform any mechanical maintenance
on trucks or truck tractors at any gasoline service station within
the Township of Lyndhurst at any time on Sundays.
[Ord. #1514, § 3]
It shall not be unlawful to perform mechanical maintenance on
any automobile, truck or truck tractor in need of emergency repairs
during the hours herein prohibited for the performance of mechanical
maintenance on trucks and truck tractors.
[Ord. #1668, § 1]
The board of commissioners, having determined that there exists
potentially hazardous and dangerous conditions due to wanton fires
caused intentionally or negligently by person or persons traveling
through the area of the township commonly known as the Meadowlands,
have hereby determined that for the public safety, health and welfare
of the citizens and persons residing in the township and employed
in the Meadowlands area that it is the declaration of the board of
commissioners that the Meadowlands area be restricted from any and
all traffic except by consent of the owners, occupiers, lessees, licensees
or public officials of the township on or over any lands located in
the Meadowlands area.
[Ord. #1668, § 2]
As used in this section:
Shall mean the area encompassed by the Hackensack River on
the easterly boundary of the Township of Lyndhurst; the dividing line
between the Borough of Rutherford and the Township of Lyndhurst on
the northerly boundary; the dividing line between the Borough of North
Arlington and the Township of Lyndhurst on the southwesterly boundary;
and the dividing line between the Township of Lyndhurst and the Town
of Kearny on the southerly and southeasterly boundary line to the
Hackensack River; and the boundary line on the westerly shall be bounded
by Polito Avenue from the intersection of Polito Avenue with Rutherford
Avenue on the northerly boundary of the Township of Lyndhurst and
Polito Avenue extended southerly to where Polito Avenue intersects
the main line of the Erie Lackawanna Railroad and then easterly along
the main line of the Erie Lackawanna Railroad to its intersection
with the Harrison-Kingsland connecting branch and then southerly along
the Harrison-Kingsland connecting branch to its intersection with
the boundary line between the Township of Lyndhurst and the Borough
of North Arlington.
Shall mean the posting of a sign approved by resolution of
the board of commissioners setting forth the prohibition of trespassing
on lands where signs are posted setting forth the number of the ordinance
and the penalty for violation, which sign shall be posted every 250
feet along the public streets known as Valley Brook Avenue as it extends
east and south to its intersection with the main line of the Erie
Lackawanna Railroad and posting shall be deemed to be public notice
of the prohibition against trespassing on public or private lands
adjacent to or continuous to lands fronting on Valley Brook Avenue,
and posting of signs along any entrance roadway, path or other means
of access anywhere in the Meadowlands area.
Shall mean the invasion and traveling over of any public
or private lands or public roads by any person or persons on foot
or in vehicles without the consent of the owner, occupier, lessee,
licensee or public official of the township.
[Ord. #1668, § 3]
It shall be unlawful for any person, firm or corporation to
commit a trespass within the area designated as the Meadowlands in
the Township of Lyndhurst upon either public or private property without
the consent of the owner, occupier, lessee or licensee of the public
or private lands or the consent of a public official of the township.
[Ord. #1668, § 4]
Without constituting any limitation upon the provisions of subsection 3-21.3, any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of subsection 3-21.3, and appropriate action may be taken hereunder at any time to prevent or punish any violation of this section.
The enumerated acts shall include:
a.
Any entry upon the premises, or any part thereof, of any public or
private property in violation of a notice posted along the public
road on the premises or at any point of approach or entry or in violation
of any notice, warning or protest, given orally or in writing by the
owner or occupier of the lands or by a police officer of the township
designated by the chief of police.
b.
The pursuit of a course of conduct or action incidental to the making
of an entry upon public or private lands in the Meadowlands in violation
of a notice posted on the roadway along the premises or at any point
of approach or entry or in violation of any notice, warning or protest
given orally or in writing by the owner or occupier of the lands or
by a police officer of the township designated by the chief of police.
c.
A failure or refusal to depart from the premises of another located
in the Meadowlands upon request, either orally or in writing by any
owner or occupier or by a police officer of the township designated
by the chief of police.
[Ord. #1668, § 6]
Any person violating any of the provisions of this section shall,
upon conviction, thereof, be subject to a fine of not more than $250
or by imprisonment in the county jail for a period not to exceed 30
days, or both in the discretion of the court or judge before whom
such conviction shall be had.
[Ord. #1684, § 1]
The purpose of this section is to control and regulate the distribution,
sale, circulation and exposure of magazines, pictures, drawings, photographs
and other publication devoted to the presentation and exploration
of sexual acts, normal or perverted, lust, passion, depravity, nudity,
immorality, and the distribution and sale of devices, implements and
other materials designed to sexually stimulate.
It is further declared that the operation of any establishment,
public or private, as a massage parlor, bath parlor or any similar
type of business where any physical contact with the recipient of
such service is provided by a person of the opposite sex is a matter
of public concern and the provisions hereinafter described are enacted
and their necessity in the public interest is hereby declared as a
matter of legislative determination.
[Ord. #1684, § 2]
As used in this section:
a.
Obscene shall mean that which to the average person, applying contemporary
community standards, when considered as a whole, has as its dominant
theme or purpose, an appeal to the prurient interest. Any magazine,
picture, drawing, photograph, or other publication and any mechanical
or electronic gadget, implement or device designed to sexually stimulate
shall be obscene within the meaning of this section, if it is established
that:
1.
The dominant theme of the material taken as a whole appeals to the
prurient interest; and
2.
The material is patently offensive because it affronts contemporary
community standards, relating to the description or representation
of sexual matters; and
3.
The material is utterly without redeeming social value, or the work
taken as a whole lacks serious artistic, literary, political or scientific
value.
b.
Person shall mean any individual, firm, corporation, partnership
or any other type of form of business which may be conducted in this
state.
c.
Adult book store shall mean any business or business operation which
sells, distributes, or otherwise conveys any obscene materials described
in paragraph a of this subsection.
[Ord. #1684, § 3]
It shall be unlawful for any person as defined herein to:
a.
Operate any establishment, regardless of whether it is a public or
private facility, as a massage parlor, bath parlor or any similar
type business where any physical contact with the recipient of such
service is provided thereby resulting in sexual conduct.
b.
Use or occupy any building, structure or premises as an adult book
store as herein defined.
It shall not be a violation of this section to sell magazines
that fall within the prohibitions of this section provided that they
are not openly exposed in public view.
[Ord. #1684, § 4]
Any person who shall violate any of the prohibitions of subsection 3-22.3 shall upon conviction be subject to a fine stated in Section 3-1 of this chapter.
A violation of subsection 3-22.3a shall also be grounds for revocation of any license or certificate of occupancy issued by the township on the premises.
[Ord. #1750, § 1]
The board of commissioners having determined that there exists
potentially hazardous and dangerous conditions due to wantonly set
fires and vandalism caused intentionally or negligently by person
or persons going upon railroad property and having further determined
that there is as well a real threat to the safety of the aforementioned
person or persons, do declare that all railroad property located in
the township be restricted from any and all pedestrian or vehicular
traffic except by consent of the owners, occupiers, lessees, licensees
or public officials of the township.
[Ord. #1750, § 2]
As used in this section:
Shall mean the placing of a sign approved by resolution of
the board of commissioners setting forth the prohibition of trespassing
on lands setting forth the number of the ordinance and the penalty
for such violation. Said sign shall be posted on all railroad property.
Shall mean all station buildings, waiting areas, stairwells,
parking lots and rights of way and bridges located in Lyndhurst and
belonging to Conrail Corporation, the State of New Jersey or the Erie
Lackawanna Railroad.
Shall mean the entry and/or traveling upon any public or
private lands in violation of a posted notice, by any person or persons,
without the consent of the owner, lessee, licensee or public official
of the township.
[Ord. #1750, § 3]
It shall be unlawful for any person, firm or corporation to
commit a trespass on railroad property within the Township of Lyndhurst
without the consent of the owner, occupier, lessee or licensee of
the lands or the consent of a public official of the township. All
law-abiding passengers shall be deemed to have the consent of the
land owner.
[Ord. #1750, § 4]
Any person violating any of the provisions of this section shall,
upon conviction, thereof, be subject to a fine of not more than $50
in the discretion of the court or judge before whom such conviction
shall be had.
[Ord. #1724, § 1]
No person shall advertise, display, sell or offer to sell any
type of syringe, needle, eye dropper, spoon, pipe, testing kit, or
other paraphernalia or appliances designed for or ordinarily used
in smoking, testing, weighing, measuring, injecting, cooking or sniffing
marijuana, cocaine, opium, hashish or other controlled dangerous substance
as defined by N.J.S.A. 24:21-1 et seq.
[Ord. #1724, § 2]
It shall constitute a common nuisance to maintain any building,
conveyance, or premises whatever, which is resorted to by persons
for the manufacture, distribution, dispensing, administration or use
of any type of syringe, needle, eye dropper, spoon, pipe, testing
kit or other paraphernalia or appliances designed for or ordinarily
used in smoking, testing, weighing, measuring, injecting, cooking
or sniffing marijuana, cocaine, opium, hashish or other controlled
dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
[Ord. #1724, § 3]
Any person who violates any of the provisions of this section
shall upon conviction thereof, be punished by a fine not to exceed
$500, or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed to have been committed on each
day during or on which a violation occurs or continues.
[Ord. #1724, § 1]
The purpose of this section shall be to set standards for the
operation of motor-driven off-road vehicles within the Township of
Lyndhurst so as to improve standards of safety as well as to minimize
the impact of operation of such vehicles on residents of the township,
the public at large, and the environment.
[Ord. #1774, § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean a motor-driven vehicle designed primarily for
transportation of the driver, including mini-bikes, trail bikes, unlicensed
motorcycles, motor scooters, motor bikes, go carts, dune buggies,
all terrain vehicles or other recreational vehicles designed primarily
for transportation of the driver on other than the public or private
roadway. This section shall not apply to lawn mowers, tractors, farm,
lawn, garden or similar equipment when used for purposes for which
they were designed. Vehicles required to be registered under Title
39, Motor Vehicles, of the New Jersey Statutes shall be regulated
by that statute and are specifically exempted from registration under
this section.
Shall mean:
Any person who shall own an off-road vehicle, as defined above
in this subsection, and who intends to use same or to permit same
to be used within the boundaries of the Township of Lyndhurst shall,
prior to such operation, register such vehicle with the Lyndhurst
Police Department. A person wishing to register an off-road vehicle
shall complete an application form furnished by the Lyndhurst Police
Department which application shall include, but is not limited to
the following information: the name and address of the registrant,
the name and address of the owner, and where applicable, the year,
make, model, type, color, horsepower, and serial number of the vehicle
being registered. In the case of a registrant under 18 years of age,
a parent or guardian must accompany the registrant, giving their name,
address, his or her consent to the registration, and his or her agreement
for the responsibility for the operation of said vehicle according
to the terms of this section. Each registrant shall pay a fee of $5
which shall be used to defray the cost of application and identification
plate. Upon acceptance of the application fee, the Lyndhurst Police
Department shall issue an identification plate bearing the registration
number and date of issue, which plate shall be prominently displayed
on the vehicle and maintained in a legible condition. The registrant
shall also be given a copy of this section and in the case of the
registrants being under the age of 18, a copy shall be given to the
parent or guardian who has accompanied the registrant and signed the
consent letter described above.
The initial registration period shall commence upon the effective
date of the section and it is intended that all owners shall have
registered the vehicles and complied with this section not later than
three months thereafter. Subsequent to such date, individuals acquiring
such vehicles shall have 10 days from the effective date of such acquisition
within which to register such vehicles.
In the event ownership of the vehicle is transferred, the new
owner shall register such vehicle pursuant to the terms above, within
10 days of effective ownership.
In the event the identification plate is lost or becomes illegible,
a replacement shall be obtained within 10 days from the Lyndhurst
Police Department upon payment of a replacement fee of $4.
No registration shall be required to operate an off-road vehicle
on private property by either the owner of such property, or any other
person who resides with the owner of such property.
[Ord. #1774, § 3]
a.
It shall be unlawful to operate any off-road vehicle within the township
under the following circumstances:
2.
On the private property of another person or party, unless the operator
of the vehicle has the express written permission of the owner, to
operate the vehicle thereon. Such permission shall be in writing and
shall be exhibited to police officers upon request or furnished to
the police department within 48 hours.
3.
On any public street, sidewalk or bike path within the Township of
Lyndhurst unless the operator is fully dismounted.
4.
On public grounds, unless permission for operation of such vehicles
on said grounds has been specifically given by the proper public authority.
6.
In a manner creating loud or unusual noise so as to disturb or interfere
with the peace and quiet of other persons.
b.
1.
It shall be unlawful for the registrant owner or person having control or custody of an off-road vehicle to allow or enable such registered vehicle to be used or operated by another in violation of paragraph a of subsection 3-25.3.
2.
In the case of a registrant, under age 18, it shall be unlawful for the parent or guardian of such registrant to allow or enable such registered vehicle to be used or operated by the registrant or any other operator in violation of paragraph a of subsection 3-25.3.
3.
Where a vehicle is operated in violation of this section, it shall
be presumed that the registrant or in the case of registrant under
18, the parent or guardian of the registrant enabled the vehicle to
be operated.
[Ord. #1774, § 4]
a.
For registrants 18 years of age or over, violation of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of not more than $200 or by imprisonment in the county jail for
a term of up to 30 days or both. The Township of Lyndhurst police
department may, in addition to issuing a summons, also immediately
confiscate the off-road vehicle used or operated in violation of this
section. The vehicle shall be returned to the registrant upon completion
of registration and upon payment of any towing or removal costs.
b.
In the event that the provisions of this section are violated by
an operator or a registered owner of the vehicle who is at the time
of such violation under the age of 18, such violation shall result
in the following:
1.
For the first violation, the operator shall be warned by the police
and a letter shall be sent to the registrant and separately to the
parent or guardian signing the consent letter for the registrant;
the letter shall state the offense and describe the penalties for
violation. A copy of this section shall be included with the letter
to the parent or guardian.
2.
Upon second or subsequent conviction for violation of this section
by the same registrant (or involving the same vehicle) the court may
order confiscation of the vehicle in question by the police department
for a period not to exceed 90 days for each violation.
[Ord. #1904, § I; Ord. #1941, § I; Ord.
#2400, § I; Ord. #2636, § 1; Ord. #2649, § 1;
Ord. #2800-11]
No retail business or commercial establishment of any nature
to which the public is invited located in or contiguous to a residential
zone shall conduct business between the hours of 12:00 midnight of
each day and 5:00 a.m. of the following day other than (1) restaurants
serving food in the premises in which three employees are on duty;
and (2) gas stations only for the sale of gasoline and petroleum products,
and where no cash is accepted after midnight and where such fact is
announced to the public by prominently displayed notices.
[Ord. #1904, § II; Ord. #1941, § II]
This section shall not apply to any licensed business or commercial
establishment for on the premises consumption of alcoholic beverages
regulated by N.J.S.A. 33:1-1 et seq., nor shall this section apply
to any registered pharmacy regulated by N.J.S.A. 45:14-1 et seq. with
a licensed pharmacist on duty.
[Ord. #1941, § III]
Any property located east of Polito Avenue shall be presumed
not to be in or contiguous to a residential zone; in any other area
the construction official shall advise the property owner if the property
is in or contiguous to a residential zone.
[Ord. #1940, § I]
No operator of a non-passenger motor vehicle shall allow a vehicle
to enter unto a township owned paved roadway from unpaved private
property located within the township in a manner so as to leave a
visual accumulation of dirt on the paved roadway.
[Ord. #1940, § II]
This section may be enforced by any police officer, construction
official, health officer or code enforcer.
[Ord. #1940, § III]
The penalty for violation of this section shall be a fine from
zero to $500.
[Ord. #2140; Ord. #2150, § 1; Ord. #2159, § I]
a.
It shall be unlawful for any person to deliver, or for any person,
firm or corporation to cause the delivery of any solicited or unsolicited
shoppers, circulars, leaflets, flyers, newspapers, and other like
printed matter to private premises within the Township of Lyndhurst
except in accordance with the terms hereof.
b.
Such printed matter shall be placed where specifically designated
by the property owner or if no such place is so designated then on
the grounds of the property.
c.
It shall be a violation of the ordinance for the printed matter to
be left on the public street, the area between the public sidewalk
and the street commonly referred to as the tree belt, or the public
sidewalk itself.
d.
There shall be no delivery of such printed matter to premises the
owners of which have notified the publisher or the delivery person
that such delivery shall cease or be suspended for a stated period
of time.
e.
When delivery is made from the interior of a motor vehicle, the delivery
shall be on the same side of the street, to the right of the vehicle
as the motor vehicle is proceeding, with the exception that on a one-way
street, delivery may be made to both sides of the vehicle.
f.
1.
When delivery is being made from within a motor vehicle the vehicle
shall come as close to the right side curb as safely as possible before
delivery is made.
2.
When said delivery is being made by the driver as opposed to a passenger
the speed of the vehicle at the time of delivery shall be commensurate
with the weather conditions, vehicular traffic conditions, and the
pedestrian traffic conditions but shall not exceed 10 miles per hour.
g.
Whenever possible delivery shall not be made between the hours of
7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
h.
With respect to apartments or condominiums, with enclosed foyers
the paper is to be delivered, not wrapped in plastic or any other
container, in the foyer in one neat pile (to cover all residents therein).
[Ord. #2140; Ord. #2150, § I; Ord. #2159, § I]
a.
Any person, firm or corporation convicted of a violation of any provision
of this section shall be subject to a fine of not more than $50 for
a first offense, no more than $100 for a second offense and no more
than $500 for a third and/or subsequent offense in a calendar year.
Each delivery in violation of the terms hereof after due notice thereof
has been served, shall be deemed a separate offense.
b.
For each violation either the deliverer, the business entity publishing
the material delivered, or the business entity paying the deliverer
shall be subject to prosecution.
[Ord. #2468, § I]
a.
It shall be unlawful for any person under the legal age to purchase
alcoholic beverages, to knowingly possess or consume any alcoholic
beverage in or on any private property.
b.
This section shall not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite nor shall this section prohibit an underage
person from 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.
c.
As used in this section: "Guardian" means a person who has qualified
as a guardian of the underage person pursuant to testamentary or court
appointment. "Relative" means the underage person's grandparent, aunt
or uncle, sibling, or any other person related by blood or affinity.
d.
This section shall not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post secondary educational institution. However, this section
shall not be construed to preclude the imposition of a penalty under
N.J.S.A. 33:1-81, or any other section of law against a person who
is convicted of unlawful alcoholic beverage activity on or at premises
licensed for the sale of alcoholic beverages.
[Ord. #2468, § I]
a.
A person found guilty of a violation of this section shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense.
b.
The municipal court may, in addition to the fine authorized for this
offense, suspend or postpone for six months the driving privilege
of the defendant. Upon the conviction of any person and the suspension
or postponement of that person's driver's license, the municipal court
shall forward a report to the Division of Motor Vehicles stating the
first and last day of the suspension or postponement period imposed
by the court pursuant to this section. If a person at the time of
the imposition of 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 municipal court shall immediately
collect the license and forward it to the Division of Motor Vehicles
along with the report. If for any reason the license cannot be collected,
the municipal 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 municipal court shall inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of license suspension or postponement, the person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e.
If the person convicted under this section is not a New Jersey resident,
the municipal court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Motor Vehicle Commission the required report.
The municipal court shall not collect the license of a nonresident
convicted under this section.
[Ord. #2477, § I]
It shall be unlawful for students enrolled in elementary and
secondary educational institutions to use or possess in plain public
view a cigarette or any other tobacco products within the public right-of-way
areas within a radius of 1,000 feet of any elementary or secondary
educational institution when classes or other student activities are
in session and one hour before and one hour after such activities.
[Ord. #2477, § I]
a.
Whenever a police officer reasonably believes there exists a violation
of this section, he/she may issue a summons and complaint not later
than 30 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 of
this section alleged to have been violated. The complaint shall be
delivered or sent by certified mail to the alleged violator.
b.
Any person charged with enforcement of this section, after giving
proper identification, may inspect any matter, thing, incident, or
event as necessary.
c.
Citizens may bring complaints against violators of this section.
d.
Penalties. Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this section shall,
upon conviction thereof, pay a penalty of not less than $50 nor more
than $200 for each offense. Penalties for first violations may be
in the form of community service.
[Ord. #2545, § 1; Ord. #2903-14]
There is hereby established in the Township of Lyndhurst regulations
regarding the employment of off-duty law enforcement officers of the
Lyndhurst Police Department and to authorize the outside employment
of township police while off-duty.
a.
Members of the police department shall be permitted to accept police
related employment for private employers or school districts only
during off-duty hours and at such time as will not interfere with
the efficient performance of regularly scheduled or emergency duty
for the township.
b.
Any person or entity desiring to employ off-duty police shall first
obtain the approval of the chief of police, which approval shall be
granted if in the opinion of the chief of police, such employment
would not be inconsistent with the efficient functioning and good
reputation of the police department, and would not unreasonably endanger
or threaten the safety of the officer or officers who are to perform
the work.
c.
Upon approval of the chief of police of off-duty police employment,
pursuant to paragraph b hereof, the chief, or his designee, which
may be a collective bargaining unit representative, shall determine,
by means of a written rotating list, those members of the police department
who may be eligible for any individual off-duty employment assignment
(or post). Such a list, or lists, shall only include members of the
police department having a rank of patrol officer, sergeant, lieutenant,
or assigned the rank of detective. Said list shall be based on members
who have signed up for such off-duty employment on a voluntary basis.
The list shall include those members wishing (volunteering) to work
an off-duty employment assignment and such off-duty employment assignment
shall be based solely on seniority. No member holding the rank higher
than lieutenant may be placed on said off-duty employment list, and
members holding these ranks may not work such off-duty assignments,
unless no other member of the police department has volunteered to
work such an assignment. However, any off-duty employment assignment
(or post) relating to a public entity, such as the Township of Lyndhurst,
New Jersey Meadowlands District, County of Bergen, Lyndhurst Board
of Education, State of New Jersey, etc., may be filled by a member
of the police department based on seniority and without regard to
rank.
[Ord. #2545, § 1]
a.
Any person or entity requesting the services on an off-duty law enforcement officer in the Lyndhurst Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the chief of police, and shall establish an escrow account with the treasurer of the township by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in subsection 3-31.4 for the total estimated hours of service.
b.
Prior to posting any request for services of off-duty law enforcement
officers, the chief of police or his designee, shall verify that the
balance in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The chief of police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the township treasurer. No officer shall provide
any such services for more hours than are specified in the request
for service.
[Ord. #2545, § 1]
All requests to the township for the services of off-duty law
enforcement officers in the Lyndhurst Police Department for a period
of one week or longer shall be forwarded to the chief of police for
posting at least 10 days before such services are required. Any law
enforcement officer, when so employed by the township, shall be treated
as an employee of the township provided, however, that wages earned
for outside employment shall not be applied toward the pension benefits
of law enforcement officers so employed, nor shall hours worked for
outside employment be considered in any way compensable as overtime.
[Ord. #2545, § 1; Ord. #2656, § 1]
a.
Rates of compensation for contracting the services of off-duty law
enforcement officers and administration fees are hereby established
as follows:
[Amended 4-22-2021 by Ord. No. 2072-21]
b.
Payment to off-duty law enforcement officers for outside employment
shall be made through the Township's payroll process.
[Ord. #2550, § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the person or business entity responsible for
placing a newsrack in a public place or public street, as herein defined.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly 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.
Shall mean any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for
the display and sale of newspapers only.
Shall mean that portion of a street improved, or designated,
or ordinarily used for vehicle travel.
Shall mean any surface provided for the use of pedestrians.
Shall mean all that area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys, and sidewalks.
[Ord. #2550, § 1]
The purpose of this section is to establish regulations and
requirements to obtain permits for the installation, use, operation,
and maintenance of newsracks on public streets or other public places
in the township.
[Ord. #2550, § 1]
It shall be unlawful for any person, firm, or corporation to
erect, place, maintain, or operate on any public street, sidewalk,
or other public place in the township any newsrack without first having
obtained a permit from the department of public works specifying the
exact location of such newsrack or newsracks. One permit may be issued
to include any number of newsracks and shall be signed by the applicant.
[Ord. #2550, § 1]
Application for such permit shall be made in writing to the
department of public works, and approved by that department, upon
such form as shall be provided by that department and shall contain
the name and address of the applicant and the proposed specific location
of said newsrack or newsracks and shall be signed by the applicant.
[Ord. #2550, § 1]
a.
Permits may be issued for the installation of a newsrack or newsracks
and the installation, use, or maintenance thereof shall be conditioned
upon compliance with the provisions of this chapter. A permit fee
in the amount of $100 is required for each newsrack installed. The
amount of the fee may be amended by ordinance of the township board
of commissioners at any time subsequent to the adoption of this chapter.
b.
The permit shall be valid for a period of one year, on a calendar-year
basis, commencing on January 1 and shall be renewable on January 1
of any subsequent year. The annual fee shall be prorated if the permit
is issued effective subsequent to January 1.
c.
No permit shall be issued or continued in operation unless the applicant
and any other persons, organizations, firms, companies or corporations
on whose behalf the application is made by filing such application
do represent, stipulate, contract, and agree that they will jointly
and severally defend, indemnify, and hold the township harmless against
liability for any and all claims for damage to property or injury
to or death of persons arising out of or resulting from the issuance
of the permit or the control, maintenance, or ownership of the newsracks
permitted.
d.
Before the department of public works may issue a newsrack permit
to any person, that person must execute an indemnification agreement
substantially as follows:
"The applicant and any other persons, organizations, firms,
companies or corporations on whose behalf the application is made
represent, stipulate, contract, and agree that they do jointly and
severally defend, indemnify, and hold harmless the Township of Lyndhurst
against liability for any and all claims for damage to property or
injury to or death of persons arising out of or resulting from the
issuance of the permit or the control, maintenance, or ownership of
the newsracks permitted."
e.
Before the department of public works may issue a newsrack permit
to any person, that person shall file with the department of public
works an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $100,000 for
one person and for more than one person $1,000,000, insuring against
loss from liability imposed by law upon the distributor for damages
on account of bodily injury or death suffered, and in the sum of $50,000
against loss on account of property damage suffered by any person
or persons as a result of an accident occurring by reason of the ownership,
control, or maintenance of the newsracks permitted, and no license
shall continue effective unless such insurance in the full and collectible
amount of $100,000 for one person and $1,000,000 for more than one
person for bodily injuries or death and $50,000 for property damages
shall remain in force during the entire term of the license. Such
insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance,
and control of such newsracks or any fault in respect thereto and
shall be for the benefit of any person suffering loss, damage, or
injury as aforesaid.
[Ord. #2550, § 1]
Any newsrack which, in whole or in part, rests upon, in, or
over any public sidewalk, roadway, street or public place shall comply
with the following standards:
a.
No newsrack shall exceed 60 inches in height, 24 inches in width,
or 20 inches in thickness.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale, or purchase of the
newspapers sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
that he or she is unable to receive the publication paid for. The
coin-return mechanisms shall be maintained in good working order.
d.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to report a malfunction or to secure a
refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of chipped, faded, peeling, and cracked paint
in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
3.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes, and discolorations.
4.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peeling, or fading.
5.
The structural parts thereof are not broken or unduly misshapen.
f.
It shall be unlawful for any person or place to maintain any publication
or material in newsracks which exposes to public view any pictorial
material which depicts or appears to depict nudity or offensive sexually
explicit material.
g.
Each newsrack shall be maintained to prevent the newspapers from
being scattered about the area.
[Ord. #2550, § 1]
Any newsrack which rests in whole or in part upon or on any
portion of a public street, sidewalk, or public place, or projects
onto, into, or over any part of a public street or sidewalk shall
comply with the following requirements:
a.
No newsrack shall be used or maintained which projects onto, into,
or over any part of the roadway or any public street or which rests
wholly or in part upon, along, or over any portion of the roadway
of any public street.
b.
No newsracks shall be permitted to rest upon, in, or over any public
street or sidewalk when such installation, use, or maintenance:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles;
3.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4.
Unreasaonably interferes with the use of traffic signs or signals,
hydrants, or mailboxes permitted at or near said location.
c.
The newsrack or newsracks shall be placed or otherwise secured so
as to prevent their being blown down or around the public street or
sidewalk but shall not be chained or otherwise secured to any traffic
or street signs, signals, hydrants, or mailboxes.
d.
No newsracks shall be placed, installed, used, or maintained:
1.
Within three feet of any marked crosswalk.
2.
Within three feet of a curb.
3.
Within 15 feet of any fire hydrant, fire call box, police call box,
or other emergency facility.
4.
Within five feet of any driveway.
5.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet.
6.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees, or other landscaping.
7.
Within 500 feet of any other newsrack on the same side of the street
in the same block, containing the same issue or edition of the same
publication.
8.
Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment.
9.
Within five feet of any building, unless written permission is secured
from the property owner and filed with the application.
