[1]
Editor's Note: this section was originally adopted by Ord.
#396.
[Ord. #590; 1976 Code § 120-1]
As used in this chapter:
Shall mean and include any refuse, garbage, rubbish, paper,
wrappings, cans, leaves, wood, glass or any other substance or material
which might affect the health and welfare of the public harmfully
or render the streets or public places unsightly.
[Ord. #590; 1976 Code § 120-2]
No person shall throw, put or place, or cause to be thrown,
put or placed, into, upon or within any street, public place, parking
lot open to the public or public building any substance, matter or
thing whatsoever whereby the safe, free or unobstructed use of the
same by the public may be in anywise impeded or interfered with or
whereby the same may be rendered unsightly in appearance. Nothing
in this subsection shall prohibit the deposit of any such material
in any public or private receptacles approved by the Township Council
for such purpose. Nothing in this subsection shall be construed to
prohibit construction, repair or maintenance equipment, materials
or machinery from being utilized on a street, public place, parking
lot or public building.
[Ord. #590; 1976 Code § 120-3]
No person shall sweep into or deposit in or on any sidewalk,
gutter, street or other public place in the Township any litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free from litter.
[Ord. #590; 1976 Code § 120-4]
No person shall put, deposit or have any litter or other material
and equipment in or upon any private property whereby such private
property may be rendered unsightly in appearance or detrimental to
the health, safety and welfare of the public.
[Ord. #590; 1976 Code § 120-5]
No person shall place or cause to be placed any receptacle for
refuse or garbage outside of any commercial building unless an enclosure
is provided for storage.
[Ord. #590; 1976 Code § 120-6]
No person shall drive or move any truck or other vehicle in
the Township unless the vehicle is so constructed, covered or loaded
as to prevent any load, contents or litter from being blown or deposited
upon any street or other public place. No person shall drive or move
any vehicle or truck in the Township if the wheels or tires of the
vehicle carry onto or deposit in any street, alley or other public
place any mud, dirt, sticky substances, litter or foreign matter of
any kind.
[Ord. #590; 1976 Code § 120-7]
No person shall interfere with any employee of the Department
of Public Works or any municipally authorized person in the sweeping
or cleaning of any street or in the removal of sweepings, ashes, garbage,
rubbish, snow, ice or other refuse material.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
The definitions contained in Subsection 2-17.9a are incorporated herein by reference.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
The Fire Chief or his duly authorized representatives, as may
be in charge at the scene of a fire or other emergency involving the
protection of life or property, is empowered to direct such operations
as may be necessary to extinguish or control any suspected or reported
fires, gas leaks, or other hazardous conditions or situations or of
taking any other action necessary in the reasonable performance of
their duty. The Fire Chief may prohibit any person, vehicle or object
from approaching the scene and may remove or cause to be removed from
the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Chief may remove
or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not re-enter the area until authorized to do so by the Fire
Chief.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
It shall be unlawful to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of, or block the path of travel of any Fire Department emergency vehicle
in any way, or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any Fire Department operation.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Chief or to interfere with the
compliance attempts of another individual.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
A vehicle shall not be driven or propelled over any unprotected
fire hose of the Fire Department when laid down on any street, alley-way,
private drive or any other vehicular roadway without the consent of
the Fire Chief in command of the operation.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
Upon the approach of any authorized emergency vehicle, giving
audible and visual signal, the operator of every other vehicle shall
immediately drive the same to a position as near as possible and parallel
to the right-hand edge or curb of the street or roadway, clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle or vehicles shall have passed, unless
otherwise directed by the Fire Chief or a Police Officer.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
It shall be unlawful for the operator of any vehicle, other
than one on official business, to follow closer than 300 feet from
any fire apparatus traveling in response to a fire alarm or returning
from an alarm of fire or emergency or to drive any vehicle within
the block or immediate area where fire apparatus has stopped in answer
to a fire alarm.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
A person shall not without proper authorization from the Fire
Chief in charge of the Fire Department emergency equipment, cling
to, attach himself to, climb upon or into, board, or swing upon any
Fire Department emergency vehicle, whether the same is in motion or
at rest, or sound the siren, horn, bell or other sound-producing device
thereon, or to manipulate or tamper with, or attempt to manipulate
or tamper with any levers, valves, switches, starting devices, brakes,
pumps, or any equipment or protective clothing, on, or a part of,
any Fire Department emergency vehicle.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New]
It shall be unlawful for any person to damage or deface, or
attempt, or conspire to damage or deface any Fire Department emergency
vehicle at any time, or to injure, or attempt to injure or conspire
to injure Fire Department personnel while performing departmental
duties.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9;
New; Ord. #1019, § I; Ord. #1185, § I]
a.
Designated Fire Zones and/or Fire Lanes.
1.
Designated fire zones and/or fire lanes shall be maintained free
of all obstructions and motor vehicles at all times. It shall be unlawful
to obscure from view, damage, deface, obstruct, or restrict access
to any fire zone/lane, fire hydrant or any Fire Department connection
for the pressurization of fire suppression systems, including fire
zones/lanes, fire hydrants, and fire department connections that are
located on public or private property, streets or access lanes. No
person shall park any vehicle or otherwise cause any obstruction within
10 feet on either side of a fire hydrant.
2.
The Township of Mahwah Police Department shall be the enforcing authority for the regulations established by Subsection a above.
3.
For purposes of this subsection the following areas are designated
as fire zones:
|
Township of Mahwah
Fire Lanes and Fire Zones
| |||
|---|---|---|---|
|
Address
|
Block
|
Lot
| |
|
1.
|
115 Franklin Turnpike (A&P Complex)
Donald Nuckel
|
70
|
44, 45, 46, 47, 48, 49
|
|
2.
|
79 Franklin Turnpike (Weather Seal)
John Belanus
|
70
|
34
|
|
3.
|
380 Franklin Turnpike (Treasure Island)
Kettler Realty Corp.
|
102
|
31
|
|
4.
|
180 Franklin Turnpike (Mechanics Bldg.)
Dr. Mayer Mechanic
|
71
|
10
|
|
5.
|
27-33 Franklin Turnpike (Arzee Supply)
Alvin Roth
|
69
|
4
|
|
6.
|
55 Franklin Turnpike (Mahwah Ford Sales)
Oberle Realty Co.
|
70
|
3
|
|
7.
|
17 Franklin Turnpike (Shortline)
Hudson Trans
|
69
|
1
|
|
8.
|
45 Franklin Turnpike (Shortline)
Hudson Trans
|
70
|
1
|
|
9.
|
99 Franklin Turnpike (Mahwah Honda)
C. Fincher c/o Auto Consultants
|
70
|
43
|
|
10.
|
141 Franklin Turnpike (Midlantic Bank)
Midlantic National Bank
|
70
|
46
|
|
11.
|
360 Franklin Turnpike (The Mall & Starview)
Franklin Associates
|
102
|
28
|
|
12.
|
417-477 Franklin Turnpike (Ramapo Gardens)
Ramapo Gardens Associates
|
113
|
1
|
|
13.
|
440 Franklin Turnpike (Faberge)
Faberge
|
110
|
7
|
|
14.
|
405 Franklin Turnpike (Rolling Hills)
Rolling Gardens Associates
|
105
|
83
|
|
15.
|
194 Franklin Turnpike
Graham Enterprises
|
71
|
21
|
|
16.
|
330 Franklin Turnpike (Cable T.V.)
Raia/Franklin Associates
|
102
|
26
|
|
17.
|
370 Franklin Turnpike (Alloy & Stainless)
North Brunswick Co.
|
102
|
30
|
|
18.
|
221 Franklin Turnpike (Municipal Bldg.)
Township of Mahwah
|
83
|
21
|
|
19.
|
333 Route 17 North (Ramsey Controls)
Ramsey Controls
|
63
|
8
|
|
20.
|
101 Route 17 North
Suburban Propane
|
26
|
7
|
|
21.
|
195 Route 17 North (Alpak Inc.)
Erwin Elbert
|
53
|
19, 20, 21
|
|
22.
|
319 Route 17 North (Hudson Fabricating)
W. S. Dubose
|
63
|
9
|
|
23.
|
320 Route 17 South (Troll)
Troll Associates
|
137
|
2
|
|
24.
|
420 Route 17 South (Frost King)
Dim Associates/Therwell Prop.
|
137
|
7
|
|
25.
|
270 Route 17 South (Ridgewood Plumbing)
M.J.S. Associates
|
136
|
4
|
|
26.
|
180 Route 17 South (Ramada Inn)
Tri State Motels
|
132
|
9
|
|
27.
|
386 Route 17 South (Sony Corp.)
Mahwah 17 Limited
|
137
|
5
|
|
28.
|
300 Route 17 South (Commerce Center)
Jolin Realty
|
137
|
1
|
|
29.
|
200 Route 17 South (Marron Bldg.)
Berkshire Realty
|
132
|
11
|
|
30.
|
Route 17 North (Leisure Line)
Leisure Time Tours
|
26
|
3
|
|
31.
|
16 McKee Drive (Danfoss)
Fidelity
|
65
|
1
|
|
32.
|
31 McKee Drive (E.R.S. Storage)
Marvin Schechter
|
64
|
6
|
|
33.
|
82 McKee Drive (Western Union)
Fidelity
|
64
|
2,3
|
|
34.
|
90, 91, 85 McKee Drive (Western Union)
Fidelity
|
64
|
8, 9, 11
|
|
35.
|
43 McKee Drive (Folsom)
Folsom Corporation
|
64
|
7
|
|
36.
|
10 Industrial Avenue (Ramco Corporation)
Mahwah Tech. Limited Partnership
|
110.01
|
8
|
|
37.
|
14 Industrial Avenue (Sunoo)
Sunoo Company, Inc.
|
110.01
|
10
|
|
38.
|
18 Industrial Avenue (Rockland Industrial)
Rockland Tool c/o Rockland Industrial
|
110
|
1
|
|
39.
|
19 Industrial Avenue (Twist Drill)
19 Mahwah Associates
|
102
|
33
|
|
40.
|
30 Industrial Avenue (Lyman Corbin)
Lymant T. Corbin Co., Inc.
|
110
|
2
|
|
41.
|
31 Industrial Avenue (Quality Pro. Dis)
Vonhalle Millard F.
|
102
|
32
|
|
42.
|
46 Industrial Avenue
Henry Branch & D. Schwarz
|
110
|
3
|
|
43.
|
100 Bellgrove Drive (Lindvale Apartments)
Lindvale Gardens Limited Complex
|
105
|
82
|
|
44.
|
Route 202 & North Railroad Avenue (Abex)
Abex Corporation
|
41
|
1, 9
|
|
45.
|
219 Ramapo Valley Road (Mason Jar)
Robert Belisonzi
|
132
|
2, 3
|
|
46.
|
209 Ramapo Valley Road (The Mark)
M & L Equities Incorporated
|
132
|
4
|
|
47.
|
Ramapo Valley Road (H&K Transmissions)
John Rusman
|
53
|
1, 2, 3
|
|
48.
|
Ramapo Valley Road (Group Dental)
Ramapo River Associates
|
15
|
8
|
|
49.
|
20 Ridge Road & West Ramapo (Inserra)
Inserra Supermarkets
|
135
|
42, 43
|
|
50.
|
East Crescent Avenue Carlough Prop. Inc.
|
127
|
1, 3, 4, 7
|
|
51.
|
550 Pulis Avenue (Borgerts)
Bogerts Ranch Estates
|
162
|
255
|
|
52.
|
100 Corporate Drive (Troll)
Marvin Schecter
|
136
|
6
|
|
53.
|
575 Corporate Drive (Federal Express)
|
137
|
10, 11, 12, 13, 14
|
|
54.
|
200 Corporate Drive (Kasper Inc)
Marvin Schecter
|
136
|
7
|
|
55.
|
300 Corporate Drive (Troll)
Marvin Schecter
|
136
|
8
|
|
56.
|
400 Corporate Drive (Troll)
E.R.S. - Troll
|
136
|
9
|
|
57.
|
500 Corporate Drive (Baker-Linen)
H.W. Baker Linen Company
|
136
|
10
|
|
58.
|
675 Corporate Drive Joseph Morris
|
137
|
11
|
|
59.
|
750 Corporate Drive (E.R.S.)
Allan V. Rose
|
136
|
11
|
|
60.
|
800 Corporate Drive
Allan V. Rose
|
136
|
12
|
|
61.
|
475 Corporate Drive
Allan V. Rose
|
137
|
3
|
|
62.
|
900 Corporate Drive (Trodyne)
Trodyne Corporation
|
136
|
13
|
|
63.
|
1000 Corporate Drive
Hattori Corporation of America
| ||
|
64.
|
1000 Wyckoff Avenue (HHB)
Yenemwelt c/o Dormane Wilson
|
173
|
135
|
|
65.
|
5 Leighton Place
Joseph Murphy
|
181
|
5
|
|
66.
|
6 Leighton Place (F.K.A. Inc)
Schiffler Realty
|
173
|
137
|
|
67.
|
7 Leighton Place
Mahwah Realty Associates
|
181
|
4
|
|
68.
|
10 Leighton Place (Racquet Club)
North Jersey Racquetball
|
173
|
138
|
|
69.
|
11 Leighton Place (Barn)
Leighton Industrial Park
|
181
|
2
|
|
70.
|
12 Leighton Place
H & G Associates, Inc.
|
173
|
139
|
|
71.
|
14 Leighton Place (MHEW Inter.)
H & E Associates, Inc.
|
173
|
140
|
|
72.
|
126 Christie Avenue
Theo. Tiedelmann and Sons Inc.
|
70
|
23,24
|
|
73.
|
15 Whitney Road (Lenta Company)
Leneta Company Inc.
|
173
|
150
|
|
74.
|
20 Whitney Road
MH & W International Corp.
|
173
|
142
|
|
75.
|
25 Whitney Road (Schuler Sales)
Schuler Sales
|
173
|
149
|
|
76.
|
35 Whitney Road (Colonial Offices)
Tam E. Associates/Fagan Inc.
|
173
|
148
|
|
77.
|
40 Whitney Road (Jaygo)
A & S Assoc. c/o Jaygo Co.
|
173
|
144
|
|
78.
|
45 Whitney Road (Lithopress)
Richard Geoffaron
|
173
|
147
|
|
79.
|
43 Island Road (I.M.M.H.C.)
Church of Immaculate Heart of Mary
|
47
|
59
|
|
80.
|
211 Island Road (Bennett Brothers)
Bennett Real Estate
|
64
|
1
|
|
81.
|
301 Island Road (Kenlon Pet)
Meyer Lang
|
64
|
12
|
|
82.
|
Ridge Road (Schools)
Mahwah Board of Education
|
135
|
41,53,54
|
|
83.
|
Foxwood Lane (Elks)
Mahwah B.P.O.E.
|
70
|
17
|
|
84.
|
1 Lethbrige Plaza
Mahwah 83 Associates c/o Poole Jr.
|
63
|
6
|
|
85.
|
Lethbrige Plaza & Island Road (E.R.S.)
Mahwah 83 Associates c/o Poole Jr.
|
63
|
7
|
|
86.
|
100 Lydia Land (Ramapo Ridge Pool)
Ramapo Ridge Recreation Association
|
135
|
56
|
|
87.
|
960 MacArthur Blvd. (Dial America)
Bergen Prop.
|
135
|
61.01
|
|
88.
|
1595 MacArthur Blvd. (Yurasak Corp.)
McKee Borthers c/o Botany Assoc.
|
137
|
8
|
|
89.
|
MacArthur Blvd. (Stelron Corp.)
MacArthur Blvd. Associates
|
137
|
9
|
|
90.
|
111 MacArthur Blvd. (Pulsar)
Hattori Corporation of America
|
136
|
15
|
|
91.
|
1000 MacArthur Blvd. (Old I.B.M.)
Ramapo Ridge McBride
|
135
|
64
|
|
92.
|
1300 MacArthur Blvd. (Laura Ashley)
Laura Ashley
|
139
|
3
|
|
93.
|
997 MacArthur Blvd. (Paulist Press)
Missionary Society - St. Paul
|
135
|
59
|
|
94.
|
933 MacArthur Blvd. (Meldisco)
Mahwah New Jersey Associates
|
135
|
60
|
|
95.
|
10 Sharp Plaza (Sharp)
Sharp Electronics
|
26
|
1
|
|
96.
|
International Crossroads Rt. 17 N.
J.D. Construction - High Rise
|
26
|
2
|
|
97.
|
505 Ramapo Valley Road
State of New Jersey Department of Higher Education
|
18
|
3
|
|
98.
|
Chapel Greens - Eakens Court, Krinsky Court, Fromm Court, Konight
Court, Must Maintain Emergency Access Paths to Court Yard.
| ||
|
99.
|
Lakeview Drive (Draft Site)
Township of Mahwah Lake Opening Off Stag Hill Road
|
8
|
2,3
|
|
100.
|
Miller Road (Fire Co. #1)
Township of Mahwah Also Portion of Miller Road Designated as
a Fire Zone
|
83
|
28
|
|
101.
|
60 Island Road (Fire Co. #2)
Township of Mahwah Also Portion of Island Road Designated as
a Fire Zone
|
56
|
1
|
|
102.
|
Rozanski Lane (Fire Co. #3)
Township of Mahwah Also Portions of Masonicus Road Designated
as a Fire Zone
|
123
|
17.01
|
|
103.
|
50-52 Fardale Avenue (Fire and Amb. Co. #4)
Township of Mahwah Also Portions of Fardale Avenue Designated
as a Fire Zone
|
162
|
204
|
|
104.
|
258 Franklin Turnpike (Ambulance Co. #1)
Township of Mahwah Also Portion of Franklin Turnpike Designated
as an Emergency Zone
|
92
|
17
|
|
105.
|
Stag Hill Road (Fire Co. #5)
Township of Mahwah
|
12
|
37
|
|
Also Portions of Stag Hill Road Designated as a Fire Zone
|
9
|
37
| |
|
106.
|
Not permitted to block and/or park by any fire hydrant public
or private at anytime within the boundaries of the Township of Mahwah
| ||
|
107.
|
Not permitted to block and/or park by any fire suppression system
connections on private or public property within the boundaries of
the Township of Mahwah.
| ||
|
108.
|
1 Miller Road
Corner of Miller Road and Scherer Place and along Scherer Place.
Must remain open at all times as per only road opening to emergency
responders
|
71
|
13, 14, 15
|
|
109.
|
Society Hill Phase, I, II, III South of MacArthur Boulevard
and East of Ridge Road
|
139
| |
|
110.
|
Ridge Gardens Condominiums Phase I, II, III East of Ridge Road
off Mark Twain Way
|
139
| |
|
111.
|
Bergen County Housing Authority of Ramapo Brae off Stagg Hill
Road
|
13
|
14, 14.1, 14.2 - 14.3, 14.4
|
|
112.
|
555 MacArthur Boulevard
|
135
|
61.02
|
|
113.
|
340 MacArthur Boulevard
|
135.01
|
61.04
|
|
114.
|
55 Whitney Road
|
173
|
146
|
|
115.
|
3 Industrial Avenue
|
110.02
|
2
|
|
116.
|
Paddington Square Condo Association
|
109
| |
|
117.
|
Apple Ridge Country Club 269 East Crescent Avenue
|
127
|
7
|
|
118.
|
Marriott Hotel
140 Route 17 South
|
129
|
2
|
|
119.
|
Comfort Inn
|
132
|
8
|
|
120.
|
Mahwah Post Office
East Ramapo Avenue
|
82
|
1
|
|
121.
|
Commodore Perry School
East Ramapo Avenue Including recreation parking lot near tennis
courts
|
57
|
1
|
|
122.
|
Betsy Ross School
|
85
|
17, 21
|
|
123.
|
Board of Education All schools Ridge Road
|
135
|
41, 44, 53, 54, 56
|
|
124.
|
Public Library
Ridge Road on above Board of Education property
|
135
|
1,2
|
|
125.
|
Temple Beth Haverim
280 Ramapo Valley Road
|
133
|
54.01
|
|
126.
|
Platinum Office Park
Wyckoff Avenue
|
181
|
5/6
|
|
127.
|
Franklin Crossing Condominium Development
|
70
|
15.01
|
|
128.
|
3 Industrial Avenue
|
110.02
|
2
|
|
129.
|
10 Industrial Avenue
|
110.01
|
8
|
|
130.
|
14 Industrial Avenue
|
110.01
|
10
|
|
131.
|
Franklin Heights Condominium Development
|
70
|
19, 21, 50
|
b.
If in the opinion of the Fire Chief/Official, the obstructions or
encroachments pose an immediate danger to public safety, the Fire
Chief/Official shall proceed to remove the same and any cost incurred
in the performance of any necessary work shall be paid from the municipal
treasury on certificate of the Fire Chief/Official and with the approval
of the Chief Administrative Official and the legal authority of the
municipality shall institute appropriate action for the recovery of
such costs.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not use or operate any fire hydrant intended
for use of the Fire Department for fire suppression purposes unless
such person first secures a permit for such use from the Fire Chief/Official
and the water company having jurisdiction. This section shall not
apply to the use of such hydrants by a person employed by, and authorized
to make such use by, the water company having jurisdiction.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not obstruct, remove, tamper with or otherwise
disturb any fire hydrant or fire appliance required to be installed
or maintained under the provisions of the Fire Prevention Code except
for the purpose of extinguishing fire, training or testing purposes,
recharging, or making necessary repairs, or when permitted by the
fire official. Whenever a fire appliance is removed as herein permitted,
it shall be replaced or re-installed as soon as the purpose for which
it was removed has been accomplished. Defective and non-approved fire
appliances or equipment shall be replaced or repaired as directed
by the Fire Chief/Official.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not sell, trade, loan or give away any form,
type or kind of fire extinguisher which is not approved by the fire
underwriters, or which is not in proper working order, or the contents
of which do not meet the requirements of the fire underwriters. The
requirements of this section shall not apply to the sale, trade or
exchange of obsolete or damaged equipment for junk and said units
are permanently disfigured or marked with permanent sign identifying
the unit as junk.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not erect, construct, place, or maintain any
bumps, fences, gates, chains, bars, pipes, wood or metal horses or
any other type of obstruction in or on any street, within the boundaries
of the municipality. The word street as used in this section, shall
mean any roadway accessible to the public for vehicular traffic, including,
but not limited to, private streets or access lanes, as well as all
public streets and highways within the boundaries of the municipality.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
No person or persons shall willfully or maliciously, in any
way, turn in or cause to be turned in any false alarm.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
[Ord. #1235, § I]
a.
EXPENDABLE ITEMS
HAZARDOUS MATERIAL
HAZMAT TEAM
PERSON
RELEASE/DISCHARGE
TOWNSHIP
VEHICLE
VESSEL
Definitions.
Shall mean any items used to extinguish or prevent any hazardous
material fire, stop or contain any release involving any hazardous
material, which cannot be reused or cannot be replenished without
cost after a particular incident. These expendable items include,
but are not limited to fire fighting foam, chemical extinguishing
agents, absorbents and absorbent materials, sand, recovery drums,
and any protective equipment and clothing, to include, but not restricted
to fire fighting turnout gear, breathing apparatus, chemical protective
suits, boots, gloves and goggles, and any other item owned or controlled
by the Township of Mahwah or its employees, agents, officers and/or
officials. Expendable items shall also include any miscellaneous expenses
incurred by the Township of Mahwah resulting from such a release,
including, but not limited to overtime wages paid to its employees,
costs of medical and hospital treatment for injuries sustained by
employees, agents or servants of the Township, vehicle response hours,
monitoring devices, decontamination equipment, communications expenses
and meals.
Shall mean any material, solid, liquid, or gas, in any quantity,
listed as such under the N.F.P.A. Guide of Hazardous Materials, the
Department of Transportation Guide Book, the list of hazardous substances
and toxic pollutants as adopted by the Federal Environmental Protection
Agency (EPA), pursuant to Sections 307 and 311 of the Federal Water
Pollution Control Act of 1972, as amended by the Clean Water Act of
1977 (33 U.S.C. 1251, et seq.), any hospital or medical waste, including
but not limited to, syringes, bandages, and discarded pharmaceutical
products, and any other material which may pose an unreasonable risk
to life, property or the environment.
Shall mean the Township of Mahwah, Fire Department, Hazmat
Team including all members of the Department, officers and officials.
Shall mean any natural person or individual, or any firm,
partnership, association, limited partnership, proprietorship, corporation,
or any other business entity or any government agency or entity.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of hazardous substances anywhere within the Township
of Mahwah or any other location outside of the Township where the
Mahwah Fire Department is requested for assistance.
Shall mean the Township of Mahwah including its employees,
agents, officers and officials.
Shall mean any motorized equipment, registered or unregistered,
including, but not limited to a passenger car, motorcycle, truck,
tractor trailer, construction equipment, farm machinery, watercraft,
aircraft, and train.
Shall mean any container, drum, box, cylinder, or tank used
to hold or to contain or carry or store any hazardous material, whether
or not said container was manufactured for the containment of a hazardous
material.
b.
Purpose. This subsection provides for the reimbursement for, or the
replacement of, any and all equipment utilized by the Township of
Mahwah and/or the Hazmat Team, for costs expended, without regard
to ownership, for the purpose of mitigating, controlling, or containing
any incident in which a hazardous material is involved in fire, leak,
release or spill, or where the potential thereof exists, or for the
prevention of same.
The subsection also provides for the reimbursement for the expenses
incurred by the Township for the wages paid to its employees, agents
or servants and the costs of medical or hospital treatment for injuries
sustained by any employee, agent or servant of the Township resulting
from an incident involving a hazardous material, and any miscellaneous
expenses incurred by the Township from an incident involving a hazardous
material.
This subsection mandates the reimbursement to the Township of
Mahwah and/or the Hazmat Team for any expendable items used by the
Township or any of its employees, agents, servants, officers, or officials,
in extinguishing any hazardous material fire, stopping or containing,
or controlling, or mitigating any spill, release or leak of any hazardous
material.
c.
Discharge of Hazardous Substance Prohibited.
1.
The discharge of hazardous substances is prohibited, unless the responsible
party is in compliance with the conditions of a Federal or State permit.
2.
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which has occurred shall immediately notify the
Township of Mahwah Police Department.
3.
Whenever a hazardous material is discharged, the Township of Mahwah
may, in their discretion, act to remove or arrange for the removal
of such discharge.
4.
Any person who has discharged a hazardous material which has been
or shall be removed by the Township of Mahwah shall be strictly liable,
jointly and severally, without regard to fault, for all cleanup and
removal costs.
d.
Parties Responsible for Reimbursement. Reimbursement to the Township
and the Hazmat Team for any incurred expenses shall be made by the
following parties.
1.
The owner or operator of any vehicle responsible for any fire or
release of hazardous material, whether accidental or through negligence.
2.
The owner or person responsible for any vessel containing hazardous
material involved in any fire or release on public or private property,
whether stationary or in transit, whether accidental or through negligence.
3.
The owner or person responsible for any property from which any fire
or release of hazardous material emanates, whether accidental or through
negligence.
4.
Any person responsible for any fire or release of a hazardous material
on public or private property, whether accidental or through negligence.
e.
Reimbursement for Services of Recovery Company, Towing Company or
Technical Assistance. Any person responsible for a fire or release
of a hazardous material must provide reimbursement for services rendered
by any recovery company, towing company, or other technical assistance
called by the Township to handle such an incident. Vehicles involved
in such a fire or release may be impounded by the Township until such
time as arrangements have been made to reimburse the Township, recovery
company, towing company, or technical assistance for their expenditures
under the terms of this subsection.
f.
Period for Payment. Any person responsible for a fire or release
involving a hazardous material shall reimburse the Township of Mahwah
and/or the Hazmat Team for the full cost of all expenses incurred
in the extinguishment of any fire or mitigation or cleanup of any
release within a period of 45 days after receipt of an itemized bill
from the Township. This bill shall be forwarded to the responsible
party within 20 working days of the incident and shall indicate the
fair market value of any items specified to be replaced from a nationwide
vendor's catalogue or submitted receipts. Items not listed as fair
market value shall be billed in accordance with the following schedule
of fees:
|
Vehicle Response Hours
|
$50 per hour per vehicle performing a function at a hazardous
materials incident and $100 per hour per vehicle after 5 hours
|
|
Communications Charge
|
$20 minimum charge and all charges that exceed $20
|
|
Replacement of any item is permitted providing that it meets
the specifications established by the Fire Department.
|
g.
Reimbursement by Another Government Agency. Any government agency
outside the Township of Mahwah which requests the assistance of the
Fire Department Hazardous Materials Response Team shall be responsible
for the reimbursement of the costs incurred in the mitigation of the
fire or release of a hazardous material. The government agency shall
not be responsible to reimburse the Township for any vehicle response
hours or other routine expenses which are consistent with mutual aid
responses.
[1]
Editor’s Note: Ordinance No. 300 was readopted by Ordinance
No. 590 pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D et
seq.).
[Ord. #590; 1976 Code § 172-1]
No person shall park, leave or store any inoperable motor vehicle
on any public lands or premises except in case of emergency and then
for a period of not more than 48 hours.
[Ord. #590; 1976 Code § 172-2]
No person shall park, leave, store or maintain any inoperable
motor vehicle for a period of more than 30 days upon any private lands
or premises.
[Ord. #590; 1976 Code § 172-3]
No owner or occupier of any private lands or premises shall
permit or suffer any inoperable motor vehicle to be parked, left,
stored or maintained on his or her lands or premises for more than
30 days.
[Ord. #590; 1976 Code § 172-4; Ord. #1014, § I]
This Chapter shall not apply to:
a.
Lawfully operated junkyards.
b.
Motor vehicles located or stored in garages or other buildings.
c.
New or used vehicles on display for sale upon the premises of a legally
operated automobile dealership.
d.
Vehicles with current registrations under repair upon the premises
of a legally operated automotive service.
[Ord. #558; Ord. #590; 1976 Code § 172-5]
[Ord. #590; 1976 Code § 172-7; Ord. #1014; § II]
a.
Person shall mean any individual person, group of persons, partnership,
corporation, firm, association or other entity.
b.
Inoperable vehicle shall mean any motor vehicle designed and manufactured
primarily for use on public roadways or any motor vehicle component
parts thereof as defined under N.J.S.A. 39:10B-1(b); which (1) is
incapable of being operated safely or being put in safe operational
condition except at a cost in excess of the value thereof; or (2)
which fails to satisfy the statutory requirements for operation on
a public roadway including but not limited to: current registration,
inspection sticker and insurance coverage; shall be deemed to be inoperable
for purposes of this chapter.
[Ord. #590; 1976 Code § 172-7]
The imposition of a penalty or penalties for any violation of
this section shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
within a reasonable time. If the violations are not corrected or remedied
within a reasonable time, then each 10 days thereafter that the prohibited
conditions are maintained shall constitute a separate offense hereunder.
Such reasonable time shall be defined by the Municipal Judge of the
Municipal Court.
[Ord. #910]
To the full extent permitted by Chapter 14 of the Public Laws, State of New Jersey, 1985, any Police Officer or his duly authorized designee may impound or immobilize a vehicle found within the jurisdiction of the Township if there are any outstanding warrants against the vehicle.
[Ord. #910]
If the outstanding warrants are not paid within 30 days of the
day on which the vehicle was impounded or immobilized, the vehicle
may be sold at public auction pursuant to statute.
[Ord. #1047, § 1]
The following terms shall have the meanings indicated:
Shall mean:
Any two, three or four wheeled bicycle or similar apparatus,
motor-propelled or having a helper motor and commonly referred to,
among other designations, as "moped", "minibike", "go-cart", "all
terrain vehicle (ATV)", "trailbike" or the like, which by its nature
is not authorized to be licensed by the State of New Jersey, Department
of Motor Vehicles, for use upon the public highway, notwithstanding
the fact that licensing of this equipment in some instances may not
be required for operation upon the public highways.
Sport vehicles which are motor-propelled and traverse the terrain
by means of treads, tracks or the like, as contrasted to wheels except
for snowmobiles and related snow vehicles.
Shall mean all lands in the Township of Mahwah, not above-defined
as "public property" or part of road system defined as an exception
to the definition of "public property" set forth above.
Shall mean lands owned or leased by the Township of Mahwah,
a municipal corporation of the State of New Jersey, County of Bergen
and State of New Jersey, Township of Mahwah Board of Education or
any other equivalent public body, but specifically excluding from
said definition any roadways used for public transportation and being
part of the accepted road systems of the State of New Jersey, Department
of Transportation, Township of Mahwah or County of Bergen.
Shall mean the operator of any motorcycle who does not hold
a special license issued by the State of New Jersey, Department of
Motor Vehicles, permitting the operation of a motorcycle on the public
highways or the operator of any motorized sportbike who is in violation
of this section.
[Ord. #649; 1976 Code § 121-1; Ord. #1047, § 2]
It shall hereafter be unlawful for any person to operate or
to allow to be operated any mopeds, minibikes, motorcycles, or any
other motorized or partially motorized vehicles of any kind on any
kind of property owned, leased, or maintained by the Township or any
of its subsidiary corporations or the Water Department of the Township,
unless this operation is expressly authorized by the Statutes of the
State of New Jersey.
[Ord. #649; 1976 Code § 121-1; Ord. #1047, § 2]
It shall hereafter be unlawful for any person to operate or
to allow to be operated any mopeds, minibikes, motorcycles, or any
other motorized or partially motorized vehicles of any kind on any
kind of private property unless same is expressly authorized by the
Statutes of the State of New Jersey or unless this operation is expressly
authorized by the owner of the property or his duly authorized agent.
[Ord. #1449]
It shall be unlawful for any person to operate or permit and suffer to be operated a motorized sport bike as set forth and described in Subsection 3-5.1 hereof, within the Township of Mahwah, in such a manner as to create loud and unnecessary noise, so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property or to operate a motorized sport bike in a careless, reckless or negligent manner so as to endanger the safety of any person.
[Ord. #1449]
While operating a motorized sport bike as defined in Subsection 3-5.1, all operators shall wear a standard motorcycle helmet.
[Ord. #1047, § 3; Ord. #1449]
Any police officer may, at his discretion:
a.
Impound any vehicle operated on public or private property alleged
to be a violation of this section, either by virtue of its operation
and use contrary to the provisions of this section.
b.
Impound any vehicle operating on the public roadways in violation
of any then-applicable State statute or any regulation validly promulgated
by any State agency having jurisdiction. The period of impoundment
shall be from the date of the alleged violation until the disposition
of the alleged offense by such court of competent jurisdiction as
shall hear the offense. The owner thereof shall pay the reasonable
cost of said removal and storage constituting impoundment, which shall
be deemed to be $12 per day, provided that the operator shall be deemed
guilty of an offense. The Chief of Police or his designee may authorize
early release. The cost of impoundment shall be in addition to any
other fine or penalty levied or collected under the terms of this
section.
[Ord. #1047, § 4; Ord. #1449]
For any violation of this section, the offender shall be liable
for penalty of not more than $500.
[Ord. #463; 1976 Code § 82-1]
The growth, existence or presence of brush, hedges and other
plant life growing within 10 feet of any roadway and within 25 feet
of the intersection of two roadways is hereby determined to be a nuisance
and detrimental to public safety.
[Ord. #463; 1976 Code § 82-2]
Where it shall be necessary and expedient for the preservation
of the public safety and pursuant to the provisions of N.J.S.A. 40:48-2.26
and the amendments and supplements thereto, the owner or tenant of
lands may be required within 10 days after notice to cut and to keep
cut any brush, hedges or other plant life growing within 10 feet of
any roadway and within 25 feet of the intersection of two roadways,
to a height of not more than 2 1/2 feet above the level of the
adjacent road or roads.
[Ord. #463; 1976 Code § 82-3]
It shall be the duty of the owner or tenant of such lands to
cut and keep cut any such brush, hedges or other plant life within
10 days after receiving notice to do so from any member of the Police
Department of the Township, which notice may be effected by personal
service or by certified mail, return receipt requested, directed,
in the case of an owner, to the address of the owner as the same appears
on the last tax duplicate of the Township, and in the case of a tenant,
to the address of the lands in question.
[Ord. #463; 1976 Code § 82-4]
If such owner or tenant of lands shall, within 10 days after receipt of such notice to cut and to keep cut any brush, hedges or other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways to a height of not more than 2 1/2 feet, fail or refuse to cut and to keep cut such brush, hedges or other plant life as provided in Subsection 3-6.2 hereof, the Superintendent of the Road Department or other officer acting in that capacity shall cut, remove or arrange to have cut or removed all such brush, hedges or other plant life in the same manner provided above.
[Ord. #463; 1976 Code § 82-5; New]
In the event of a removal of brush, hedges or other plant life
by the Director of Public Works or other officer acting in that capacity,
such Superintendent or other officer acting in that capacity shall,
in accord with N.J.S.A. 40:48-2.27, certify the cost of such work
performed to the governing body, which governing body shall examine
the certificate and, if found to be correct, shall cause the cost
as shown thereon to be charged against the lands of the owner thereof
affected thereby, or in the event that such cost is excessive, shall
cause the reasonable cost thereof to be charged against said lands.
[Ord. #463; 1976 Code § 82-6]
The amount so charged shall, in accord with N.J.S.A. 40:48-2.27,
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as other taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
[Ord. #463; 1976 Code § 82-8]
The imposition of the fine imposed by this section shall not
constitute any bar to the Township to collect the costs of cutting,
removing or arranging to have cut or removed all such brush, hedges
or other plant life in the manner provided above.
[Ord. #1731]
a.
The owner, tenant, and/or other person in possession of any dwelling
or lands in the Township will keep the dwelling and/or lands free
of brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, which
may constitute a fire hazard or which otherwise are detrimental to
the public health, safety, or general welfare.
b.
The owner, tenant, and/or other person in possession of any dwelling
or lands in the Township, when it is necessary and expedient for the
preservation of the public health, safety, or general welfare, will
remove from the dwelling or land and/or destroy any solid waste stored
in such a way that it is accessible to and likely to be strewn about
by animals such as but not limited to dogs, cats, raccoons, birds,
or rodents, within 10 days after the owner, tenant, and/or other person
in possession has received notice from any officer or enforcement
official of the Township of these conditions of the property. If the
owner, tenant, or other person in possession fails, refuses, or neglects
to correct the condition within the time specified in the notice,
then the Township's officers and code enforcement officers may remove
and/or destroy the solid waste.
[Ord. #1731; amended 11-14-2019 by Ord. No. 1890]
If the Property Maintenance Officer determines, as a result of investigation by any municipal official or employee, that the owner, tenant, or person in possession of any dwelling and/or lands in the Township has failed to comply with Subsection 3-6.8a, he or she will notify in writing the owner, tenant, or person in possession of the dwelling and/or lands to remedy or abate the condition complained of within 10 days after receipt of notice. Notice may be served either personally or by certified mail, return receipt requested, to the person at the last known address shown on the Township's records. The Property Maintenance Officer will reinspect the property in question after the ten-day period has expired, and will determine if the conditions complained of have been abated or removed.
[Ord. #1731; amended 11-14-2019 by Ord. No. 1890]
If the owner, tenant, or person in possession of the dwelling or lands has failed or refused to remedy or abate the condition complained of within 10 days after receipt of the notice provided for in Subsections 3-6.8b and/or 3-6.9, then the Property Maintenance Officer will cause the conditions complained of to be abated or removed by an appropriate municipal official, employee, or contractor. The official, employee, or contractor directed to remedy or abate the condition complained of will keep a record of all costs and expenses incurred in connection with the remedy or abatement, and will certify it to the Township Council, which will examine the certificate and, if found correct, will cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged will forthwith become a lien upon such dwelling or lands and will be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and will be collected and enforced by the same officers and in the same manner as taxes. The remedy provided by this subsection will be in addition to any penalty that may be imposed for a violation of this section.
[Added 11-14-2019 by Ord.
No. 1890]
a.
Pursuant to the provisions of N.J.S.A. 40:48-2.12s, a creditor filing
a summons and complaint in an action to foreclose on a residential
property within the Township shall be immediately responsible for
the care, maintenance, security, and upkeep of the exterior of the
property, after the property becomes vacant and abandoned.
b.
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection a of this section. Notice of said representative or agent shall be provided to the Township Clerk in a manner that is consistent with N.J.S.A. 46:10B-51, and shall further include the full name and contact information of the in-state representative or agent.
[Added 11-14-2019 by Ord.
No. 1890]
a.
The Township Property Maintenance Officer responsible for the administration of any property maintenance or public nuisance code shall be authorized to issue a notice to a creditor that has filed a summons and complaint in an action to foreclose on a residential property within the Township, if the public officer determines that the creditor has violated this section by failing to provide for the care, maintenance, security, and upkeep of the exterior of the property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Subsection 3-6.11 of this chapter.
[Added 11-14-2019 by Ord.
No. 1890]
a.
An out-of-state creditor subject to §§ 3-6.11 and 3-6.12 that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on an out-of-state creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in paragraph (1) of Subsection a of Section 17 of P.L. 2018, c. 127 (N.J.S.A. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
b.
A creditor subject to §§ 3-6.11 and 3-6.12 that is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to correct a care, maintenance, security, or upkeep violation cited in a notice issued pursuant to this section shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days following the creditor's receipt of the notice, except where the violation is deemed to present an imminent risk to the public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
c.
No less than 20% of any money collected by the Township pursuant
to this section shall be utilized by the Township for municipal code
enforcement purposes.
d.
The penalties provided by this subsection will be in addition to
any remedies provided for a violation of the Township Code.
[Ord. #1513, § 1]
The purpose of this section is to establish a yard waste collection
and disposal program in the Township of Mahwah, so as to protect public
health, safety, and welfare, and to prescribe penalties for the failure
to comply.
[Ord. #1513, § 1]
As used in this section:
Shall mean any placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, County,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
Shall mean any leaves, grass clippings, or tree branches.
[Ord. #1513, § 1]
a.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow, or otherwise place yard waste,
unless the yard waste is containerized, in the street. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of the yard waste must remove said yard waste from the
street or said party shall be deemed in violation of this section.
b.
Notwithstanding the preceding subsection, sweeping, raking, blowing
or otherwise placing yard waste that is not containerized at the curb
or along the street is only allowed during the seven days prior to
a scheduled and announced collection by the Township of Mahwah, and
shall not be placed closer than 10 feet from any storm drain inlet.
Placement of such yard waste at the curb or along the street at any
other time of in any other manner is in violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from along
the street or said party shall be deemed in violation of this section.
[Ord. #1513, § 1]
This section shall be enforced by the Property Maintenance Official
for the Township of Mahwah.
[Ord. #1513, § 1]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $5 nor
more than $100 per day for each day of the continuing violation.
[Ord. #1513, § 1]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[1]
Editor's Note: This section was originally adopted by Ord.
No. 420.
[Ord. #543; Ord. #569; 1976 Code § 115-1; Ord.
#1485; Ord. #1756]
a.
No person shall discharge any firearm, as defined under N.J.S.A.
2C:39-1, or cast any arrow across any State, County or Township road
or highway or have in his possession a loaded gun or weapon while
within 450 feet of any occupied dwelling in the Township or within
450 feet of a school or school playground in the Township.
b.
No person shall discharge any firearm, as defined under N.J.S.A.
2C:39-1, or cast any arrow within 450 feet of the boundary line of
any property in the Township, provided that same has been conspicuously
posted with intervisible signs bearing the owner, occupant, lessee
or licensee thereof and prohibiting persons from trespassing and/or
discharging firearms or hunting. The posted signs shall be displayed,
not fewer than 10 per mile, along the exterior boundaries and along
all roads, trails and rights-of-way entering such land.
c.
No person shall discharge any firearm as defined under N.J.S.A. 2C:39-1, or cast any arrow or have possession of a loaded gun or weapon within the boundaries of the Township in areas other than those set forth in Subsection a above, unless he is either exempted pursuant to Subsection 3-7.5 or he has applied for and received permission, as hereinafter provided, from the Chief of Police to discharge a firearm or cast an arrow in an area not prohibited under Subsection a above and has complied with Subsection b above, if applicable.
d.
Notwithstanding the provisions of Subsections a, b and c above, no person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, for the purpose of hunting, taking or killing any wildlife, have in his possession a nocked arrow while within 150 feet of any occupied building in the Township or within 450 feet of any school playground, and a nocked arrow shall only be cast when a person is in an elevated position so that any arrow is aimed in a downward angle.
[Ord. #543; 1976 Code § 115-2]
The discharge, firing or use of any gun, pistol, firearm or
weapon of any description whatsoever at any place whatsoever in the
Township is hereby specifically prohibited except as hereinafter set
forth.
The Police Chief of the Township shall, upon the proper application being made as hereinafter set forth, grant specific permission to a person, for the periods of time applied for and in such places of the Township as applied for which are not prohibited under Subsection 3-7.1, to discharge or use a gun, pistol, firearm or
[Ord. #543; 1976 Code § 115-2]
The discharge, firing or use of any gun, pistol, firearm or
weapon of any description whatsoever at any place whatsoever in the
Township is hereby specifically prohibited except as hereinafter set
forth.
[Ord. #543; 1976 Code § 115-3]
The Police Chief of the Township shall, upon the proper application being made as hereinafter set forth, grant specific permission to a person, for the periods of time applied for and in such places of the Township as applied for which are not prohibited under Subsection 3-7.1, to discharge or use a gun, pistol, firearm or weapon in the Township for sport, recreation or the protection of property. The granting or denial of any permission under this section shall not be arbitrary and shall be according to the standards as herein set forth and so as to protect the health, safety and welfare of Mahwah.
[Ord. #543; Ord. #569; 1976 Code § 115-4; Ord.
#1485]
a.
Any person desiring to make application under Subsection 3-7.3 hereof for the specific permission provided for shall file with the Police Department of the Township a proper application for the same, to be provided by the Police Department at police headquarters.
b.
The application form shall require the applicant to:
1.
State the applicant's name, address and telephone number.
2.
State the property on which the discharge, firing or use of the gun,
pistol, firearm or weapon is to take place and for what period of
time.
3.
If on land, other than that owned by the applicant, posted with signs
prohibiting hunting or the discharge of firearms, accompany his application
with specific written permission from the owner or owners of the land
set forth in the application.
4.
Supply a photograph of the applicant.
5.
State his firearm identification card number.
6.
State the type of weapon to be discharged and the weapon's serial
number.
7.
State his New Jersey State hunting license number in the event that
the person intends to hunt.
8.
Certify that:
(a)
He is not prohibited by the statutes of New Jersey from using
or possessing a firearm due to a violation of New Jersey's criminal
statutes.
(b)
He is aware that it is illegal to carry or discharge any firearm
within the State of New Jersey on Sunday.
(c)
He is aware that falsification of any part of the application
will void same.
(d)
He has not become subject to any of the disabilities relative
to arrest record or physical impairment as set forth under N.J.S.A.
2C:39-7.
(f)
He is aware that he is subject to civil and criminal charges
that might arise out of damage to property or injury and/or death
to person or persons as a result of his discharging a firearm within
the Township.
c.
All firearm permits shall be for a period of one year from April
1 to March 31, and all permits issued on and after April 1 in any
year shall expire on March 31 of the following year. There shall be
no permit fee.
[Ord. #543; Ord. #569; 1976 Code § 115-5]
a.
Nothing contained in this section shall be construed to prevent any
person from keeping or carrying any firearm about his place of business,
dwelling house or premises or upon lands possessed by him, or to or
from any place where repairing is done to have the same repaired;
nor to prevent any person from carrying a firearm in the woods or
fields or upon the waters of this Township for the purpose of hunting
or target practice in the area where the same is not prohibited either
by this section or by the applicable laws of the State of New Jersey.
b.
Nothing contained in this section shall be construed to prevent the
carrying or lawful discharge of firearms by the following persons:
1.
Law enforcement officers of any governmental agency while in the
performance of their duties.
2.
Members of any legally recognized military organization while in
the performance of their duties.
3.
Members of governmental or civilian rifle or pistol clubs duly organized
in accordance with the rules prescribed by the National Board for
the Promotion of Rifle Practice, in going to or from their several
places of target practice, provided that such firearms are unloaded
and in discharging firearms as part of such practice, provided that
a copy of the charter is filed with the Chief of Police and that the
practice range, if within the Township, is approved by the Chief of
Police as complying with nationally recognized standards for such
ranges and is under competent supervision.
4.
Privately employed security personnel who are authorized by law to
carry firearms while in the performance of their duties.
5.
Persons lawfully using firearms in the protection of person or property.
[Ord. #409; 1976 Code § 164-1]
[Ord. #409; 1976 Code § 164-2]
In order to protect property or health, the owner or tenant
of any property with the Township may trap birds or animals within
any building located on the property of which he is the owner or tenant
by any means or may trap any bird or animal by means of a cage-type
trap commonly called cage trap, cage door trap or live trap, designed
to capture animals alive.
[Ord. #409; 1976 Code § 164-3]
Whenever a trap, the use of which is prohibited by Subsection 3-8.1, shall be found within the confines of the Township, the same may be confiscated by any police officer of the Township or by any New Jersey Fish and Game Warden.
[Ord. #409; 1976 Code § 164-4]
The provisions of this section shall not apply to any lands
in the Township west of Ramapo Valley Road from the Borough of Oakland
border northerly to Route 17, nor shall the provisions of this chapter
apply to any lands lying westerly of Route 17 from Ramapo Valley Road
to Hillburn on the New York State line.
[Ord. #409; 1976 Code § 164-5]
Violations of this section shall be cognizable before the Judge
of the Municipal Court of the Township.
[Ord. #671; 1976 Code § 117-1]
No person shall detain or fail to return any book or article
borrowed from the Library of the Township, contrary to the rules and
regulations of said public library, after 30 days have elapsed from
the date of posting by certified mail, return receipt requested, of
a notice demanding return thereof, addressed to the person at the
last address furnished to the library.
[Ord. #671; 1976 Code § 117-2]
No person shall willfully or maliciously cut, tear, deface,
disfigure, damage or destroy any book or other article, or any part
thereof, which is owned by or is in the custody of such library.
[Ord. #671; 1976 Code § 117-3]
No person with intent to defraud shall register or furnish a
false name or address or use any card other than the one issued to
said person or a member of his immediate family for the purpose of
borrowing any book or article from the library.
[Ord. #671; 1976 Code § 117-4]
Any person who violates or refuses to comply with the regulations
and provisions of this section shall, upon conviction thereof, be
subject to a fine not to exceed the sum of $100 or be imprisoned in
the County Jail for a term not to exceed 10 days, or both, in the
discretion of the Municipal Judge before whom such conviction is obtained.
[Ord. #580; 1976 Code § 74-18]
a.
No person shall consume or offer to another for consumption alcoholic
beverages in, on or upon any public street, road, alley, sidewalk,
park or playground or in, on or upon any land or building owned or
occupied by the Township, unless otherwise provided under this section.
b.
No person shall have in his possession or possess any alcoholic beverage
in, on or upon any public street, road, alley, sidewalk, park or playground
or in, on or upon any land or building owned or occupied by the Township,
unless the alcoholic beverage is in its original sealed container
with original unbroken tax stamp or unless otherwise provided under
this section.
[Ord. #580; 1976 Code § 74-19]
No person shall consume or have in his possession or possess
alcoholic beverages or offer to another for consumption any alcoholic
beverage in, on or upon any place to which the public at large is
generally invited; provided, however, that nothing herein shall be
construed to prohibit the consumption or sale of alcoholic beverages
within the premises of any establishment having a plenary retail consumption
liquor license.
[Ord. #580; 1976 Code § 74-20; New]
The provisions set forth in this section shall not be construed
to prohibit the consumption or possession of alcoholic beverages,
which are not sold, by Mahwah Volunteer Fire and Ambulance Corps members
or their guests within any of the Volunteer Department buildings.
[Ord. #580; 1976 Code § 74-21]
The Township Council shall at all times have the right by resolution
to waive, in part or in whole, one or more of the provisions contained
in this section, when the Township Council is satisfied that the waiving
of such provision shall not adversely affect the Township or substantially
impair the intent and purpose of this section.
[Ord. #1194 § II; amended 10-21-2021 by Ord. No. 1953]
a.
As fully authorized under law, the Township of Mahwah Police Department
shall enforce within the Township of Mahwah all provisions in the
New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1, et seq., that
preserve public peace and good order, including but not limited to,
the offenses of defiant trespass, N.J.S.A. 2C:18-3b; loitering for
the purpose of illegally using, possessing or selling controlled substances,
N.J.S.A. 2C:33-2.1; and loitering for the purpose of engaging in prostitution,
N.J.S.A. 2C:34-1.1, as each such offense is defined, described, prohibited
and penalized under the New Jersey Code of Criminal Justice.
b.
No person shall inhabit, use or remain in or upon any park, recreation
area, playground, building or public property owned or operated, directly
or indirectly, or subsidized by the Township of Mahwah of the Recreation
Program of the Township of Mahwah from 7:00 a.m. prevailing time,
and closing time, one-half hour after sunset. The closing time shall
not apply to persons who are specifically engaged in a permitted activity
or sport approved by the Township or where the facility is lighted
by the Township. Then the recreational facility shall close 15 minutes
after the lights are extinguished. The Township Council can grant
exceptions for a municipal event or for those events for which a permit
application has been submitted in its discretion, pursuant to resolution
adopted by the Township Council.
[Editor's Note: Ord. No. 1953 repealed prior § 3-12, Violations and Penalties. History includes Ord. No. 1042 ; Ord. #1194 § I.]
[1]
Editor’s Note: Former § 3-13, Drug-Free School
Zones, which contained portions of Ord. #1304 was amended in its entirety
by Ord. #1369.
[Ord. #1369, § 1; Ord. #1736]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 and N.J.S.A. 2C:35-7.1, the map titled "School/Park/Public
Housing/Public Library/Public Museum Zones, Drug Free Map" dated October
10, 2013, prepared by Bowswell McClave Engineering, Municipal Engineer,
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of properties which
are used (i) for school purposes and which are owned or leased to
any elementary or secondary school or school board, and of the areas
on or within 1,000 feet of such school property; and (ii) for any
public housing facility owned or leased by a local housing authority
for the purpose of providing accommodations to persons of low income,
for any public park owned or controlled by the State, County, or municipality,
or for any public building publicly owned or leased as a library or
museum, and of the areas within 500 feet of such public housing facilities,
public parks, or public buildings.
[Ord. #1369, § 2]
The map approved and adopted pursuant to Subsection 3-13.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes and properties within 500 feet of a public housing facility, public park or building until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #1369, § 3]
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
[Ord. #1369, § 4]
The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-13.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Bergen County Prosecutor.
[Ord. #1369, § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 3-13.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools, public housing
facilities, public parks and public buildings within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board, State, County or Municipality;
3.
That such school property is and continues to be used for school
purposes, public housing facilities, public park or public building
purposes, and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property and within 500 feet of public housing
facilities, public parks and public buildings.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by (or leased to) a school or school
board and was being used for school purposes and all of the property
depicted as a public housing facility was used and owned or leased
by a local housing authority, and all of the property depicted as
a public park was used and owned or controlled by the State, County
or Municipality, and all of the property depicted as a public building
was used, owned or leased as a library or museum as of June 1, 2000.
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-13.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or which is owned or leased as a public housing facility, public park or public building whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such properties which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes or owned or leased for public housing, public park or public building purposes.
d.
All of the requirements set forth in L. 1988, c. 44 and P.L. 1997,
c. 327 concerning the preparation, approval and adoption of a Drug-Free
Zone Map have been complied with.
[Added 6-13-2019 by Ord. No. 1862]
[Added 6-13-2019 by Ord. No. 1862]
As used in this section, the following terms shall have the
meanings indicated:
Has the same meaning as "disposal" as defined in N.J.S.A.
13:1E-3.
Has the same meaning as "solid waste" as defined in N.J.S.A.
13:1E-3.
[Added 6-13-2019 by Ord. No. 1862]
No person shall dispose of solid waste or cause or permit the
disposal of solid waste or otherwise engage in the disposal of solid
waste within the Township of Mahwah except as may be authorized by
the New Jersey Department of Environmental Protection.
[Added 6-13-2019 by Ord. No. 1862]
[Added 6-13-2019 by Ord. No. 1862]
Notwithstanding any other penalty provisions in the Township Code for violation of ordinances, the penalty for each violation of this § 3-14 for unlawful solid waste disposal shall be a minimum of $2,500 and a maximum of $10,000.
[Added 7-9-2020 by Ord.
No. 1909]
It shall be unlawful within the Township of Mahwah:
a.
Excluding emergency work, for any residential property owner or tenant
to operate powered landscaping and/or yard maintenance equipment between
the hours of 8:00 p.m. and 8:00 a.m. on all days.
b.
Excluding emergency work, for any nonresidential operator (e.g. commercial
operator) to operate any power landscaping and/or yard maintenance
equipment on any residential, commercial or industrial property between
the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours
of 6:00 p.m. and 9:00 a.m. on weekends and holidays.
c.
Excluding emergency work, for any person to perform any construction
or demolition activity between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and holidays.
1.
CONSTRUCTION
DEMOLITION
Terms Defined.
Any outdoor site preparation, assembly, erection, repair,
alteration or similar action of buildings or structures.
The dismantling, destruction or removal of buildings, structures
or roadways.
d.
Notwithstanding any other requirements, permitted soil movement operations shall comply with the time restrictions set forth in Subsection 28-3.6 of the Township Code.
e.
For purposes of this section, holidays mean:
|
New Year's Day
|
|
Memorial Day
|
|
Fourth of July
|
|
Labor Day
|
|
Thanksgiving Day
|
|
Christmas Day
|
[Added 7-9-2020 by Ord.
No. 1909]
The prohibited activities of Subsection 3-15.1 shall not apply to:
a.
Agricultural activities.
b.
Emergency work defined as any work or action necessary at the site
of an emergency to restore or deliver essential services including,
but not limited to, repairing water, gas, electricity, telephone,
sewer facilities, or public transportation facilities, removing fallen
trees on public rights-of-way, dredging navigational waterways, or
abating life-threatening conditions or state of emergency declared
by a governing agency.
c.
Activities of the Township of Mahwah Department of Public Works,
Water and Sewer Utility Departments and the Township of Mahwah Police
Department, Fire Department and Emergency Services.
d.
Snow removal.
[Added 7-9-2020 by Ord.
No. 1909]
[Added 9-23-2021 by Ord.
No. 1950]
As used in this section, the following words shall have the
following meanings:
An area that is not structurally enclosed.
All structures owned and/or operated by the Township of Mahwah
and/or occupied by Township employees and used to conduct official
business of the Township of Mahwah.
All property owned by the Township upon which the public
is invited or upon which the public is permitted.
All Township-owned and -registered motor vehicles and ride-on
equipment, including but not limited to, lawn mowers, tractors, and
golf carts used to conduct official business of the Township of Mahwah.
All public parks, playgrounds, athletic fields and parking
lots publicly owned by the Township of Mahwah and all property owned
by the Township where individuals gather for recreational activities
including all areas adjacent to such facilities, including but not
limited to any parking area, driveway or drive aisle.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance that contains tobacco and/or cannabis, in any form, and/or
any other matter that can be smoked; or the inhaling or exhaling,
or aerosolizing, of smoke or vapor from an electronic smoking device.
[Added 9-23-2021 by Ord.
No. 1950]
a.
Smoking shall be prohibited in all Municipal Buildings, Exterior
Areas surrounding Municipal Buildings, in accordance with the New
Jersey Smoke-Free Air Act (N.J.A.C. 8:6-1.1 et seq.), Municipal Property,
Municipal Vehicles, and Parks and Recreational Facilities.
b.
No-smoking signs referencing the applicable Code provision shall
be conspicuously posted where smoking is prohibited, in accordance
with law.
[Added 9-23-2021 by Ord.
No. 1950]
Any person who violates any provision of this section shall
be subject to fine of not less than $250 for the first offense; $500
for the second offense; and $1,000 for each subsequent offense. In
addition, any municipal employee found in violation of this section
may also be subject to disciplinary action in accordance with the
Township's policies and procedures governing discipline.
[Added 9-23-2021 by Ord.
No. 1950]
The provisions set forth in this section shall be enforced by
the Mahwah Township Police Department or authorized Township employee
or agent.
