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Township of Woodbridge, NJ
Middlesex County
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Table of Contents
Table of Contents
See Ch. XIX, § 19-2 for habitat protection within Woodbridge Waterfront Park.
[1]
Editor's Note: For regulations concerning Distribution of Commercial Advertising Matter, see § 4-4.
[1974 Code § 12-42]
This section shall be known as the "Township of Woodbridge Anti-Litter Ordinance."
[1974 Code § 12-43; Ord. No. 09-40 § 1]
As used in this section:
AIRCRAFT
Shall mean any contrivance, now known or hereafter invented, used or designed for navigation or for flight in the air. Aircraft includes helicopter and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle weighing not more than seventy-five (75) pounds when filled, constructed of galvanized metal or plastic of equivalent strength, leakproof, not more than thirty-four (34) inches in height and a capacity not to exceed twenty-five (25) gallons and having a tight-fitting cover or lid.
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
a. 
Which advertises any merchandise, product, commodity or thing for sale;
b. 
Which directs attention to any business, mercantile or commercial establishment or other activity for the purpose of, either directly or indirectly, promoting the interest thereof by sales;
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of gain or profit. The terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition of event of any kind, when it is held, is given or takes place in connection with the dissemination of information which does not violate the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by a law of this State or ordinance of the Township; or,
d. 
Which, while containing reading material, including but not limited to news, or news related articles in addition to advertising materials, is predominantly and essentially distributed or circulated for advertising purposes, or for private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HANDBILL
Shall mean and include both commercial handbills and noncommercial handbills as such terms are defined in this section.
LITTER
Shall mean garbage, refuse and rubbish as such are defined herein and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper 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 office as provided by general law. In addition thereto, newspaper means and includes any periodical or magazine regularly published with not less than four (4) issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, circular, dodger, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground, beach, recreation center or any other public areas in the Township, owned or used by any public agency and devoted to recreation purposes.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yards, grounds, walks, driveway, porch, steps, vestibule or mailbox belonging to or appurtenance to such dwelling, house, or building or other structure.
PUBLIC PLACE
Shall mean and include all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
Shall mean all putrescible and non-putrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes, specifically including abandoned furniture and household equipment and scrap building materials.
RUBBISH
Shall mean non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cigars and tobacco wastes, cardboard, tin cans, yard, garden or lawn clippings, leaves, wood, glass, bedding, crockery, and similar materials.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1974 Code § 12-44]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or in authorized receptacle for collection, or in official Township disposal areas.
[1974 Code § 12-45]
a. 
Litter shall be placed in authorized private receptacles in such a manner as to prevent it from being scattered, carried or deposited by the elements upon any street, sidewalk or other public place or private premises.
b. 
Litter, other than garbage, shall be placed in public receptacles or in authorized private receptacles. Commercial or manufacturing establishments shall flatten all cans, cartons, crates, and boxes, and shall prepare such litter for convenient loading and removal. Such establishments may use cardboard boxes to contain the litter, but the boxes shall be of sufficient strength and securely tied so as to prevent the contents from being scattered, carried or deposited by the elements upon any street, sidewalk or any public place or private premises.
c. 
Branches, clippings, shrubs, and the like in excess of twenty-four (24) inches in length but not greater than six (6) feet in length, and not in excess of seventy-five (75) pounds in weight, may be placed at the curb for pickup if securely tied in bundles so as to prevent their being scattered, carried or deposited by the elements upon any street, sidewalk or other public or private place or premises.
[1974 Code § 12-46]
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his premises free of litter.
[1974 Code § 12-47]
No person who owns or occupies a place of business shall sweep into or deposit in any gutter, street or other public place the litter from any building or lot or from any public or private sidewalk or driveway. Every person who owns or occupies a place of business shall keep the sidewalk and public street in front of his business premises free of litter.
[1974 Code § 12-48; Ord. #09-40 § 2]
No person shall throw or deposit, nor shall any entity cause to be thrown or deposited, any commercial handbill, noncommercial handbill or other type of litter from a vehicle upon any street, sidewalk, public place or private premises.
[1974 Code § 12-49]
No person shall drive or move any truck or other commercial vehicle unless the vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or other private premises. No person shall drive or move any commercial vehicle or truck if the wheels or tires carry onto, or deposit, in any street, alley, or other public place, mud, dirt, sticky substances or foreign matter of any kind.
[1974 Code § 12-50]
No person shall throw or deposit litter in any park except in public receptacles and in such a manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence, and shall be properly disposed of elsewhere.
[1974 Code § 12-51]
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water.
[1974 Code § 12-52; Ord. #09-11 § 3]
a. 
No person shall throw or deposit, nor shall any entity cause to be thrown or deposited, any commercial handbill, non-commercial handbill or other type of litter upon any (i) street; (ii) sidewalk; (iii) public place; or (iv) private premises where the owner or tenant of the private premises has registered for the Township's "Do Not Drop" list established pursuant to Subsection 4-2.20 et seq. of this Code.
b. 
No person shall hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be deemed unlawful for any person to hand out or distribute, without charge to the receiver thereof, in any sidewalk, street, or other public place, any noncommercial handbill to any person willing to accept it.
Note: For provisions requiring the obtaining of a permit and payment of a permit fee to distribute commercial handbills, see § 4-4 et seq. of this Code.
[1974 Code § 12-53]
No person shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful for a person to hand out or distribute without charge to the receiver thereof, in any public place a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[1974 Code § 12-54; Ord. #09-40 § 4]
No person shall throw or deposit, nor shall any entity cause to be thrown or deposited, any commercial handbill, noncommercial handbill, or other type of litter, upon any private premises which from its outward condition appears to be uninhabited or vacant, or which has an accumulation of commercial handbills, noncommercial handbills or other types of litter on its grounds.
[1974 Code § 12-55; Ord. #09-40 § 5]
No person shall throw or deposit, nor shall any entity cause to be thrown or deposited, any commercial handbill or noncommercial handbill upon a private premises where there is placed on the private premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice which clearly communicates the intention of the owners or tenants that they do not desire to be molested or have their right to privacy disturbed, or to have any such commercial handbills or noncommercial handbills left upon their premises.
[1974 Code § 12-57; Ord. #09-40 § 6]
No person while in an aircraft, shall throw out, drop or deposit upon or within the Township any litter, handbill or any other object.
[1]
Editor's Note: Former Subsection 3-1.15, Distributing Handbills at Inhabited Private Premises, previously codified herein and containing portions of 1974 Code § 12-56, was repealed in its entirety by Ordinance No. 09-40. See Subsection 3-1.11 for distributing handbills on private premises.
[1974 Code § 12-58; Ord. #09-40 § 7]
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, shade tree or upon any public structure or building, or upon any official traffic control devices as defined in N.J.S.A. 39:1-1, except as may be authorized or required by law.
[1974 Code § 12-59; Ord. #09-40 § 8]
No person shall throw or deposit litter on any occupied private property, whether owned by him or not, except that the owner or person in control of private property shall maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property.
[1974 Code § 12-60; Ord. #09-40 § 10]
The owner or person in control of any private property shall at all times maintain the premises free of litter. This Subsection shall not be construed to prohibit the storage of litter in authorized private receptacles for collection.
[1974 Code § 12-61; Ord. #09-40 § 11]
No person shall throw or deposit, nor shall any entity cause to be thrown or deposited any commercial handbill, noncommercial handbill or other type of litter upon any open or vacant private property whether owned by such person or not.
[1974 Code § 4-27; Ord. #78-36 § 2]
a. 
No person shall possess any alcoholic beverage in or upon a public park, playground, recreation area, public school ground or school building.
b. 
No person shall drink, imbibe or consume any alcoholic beverage in or upon:
1. 
A public street, lane, roadway, avenue, sidewalk, public parking place, park, playground or recreational area, or any other public place;
2. 
A public conveyance;
3. 
A private motor vehicle while the same is in motion or parked on any public street, lane, public parking lot or public place; or,
4. 
Any private property not his or her own, without the express permission of the owner or other person having authority to grant such permission.
[1974 Code § 4-27; Ord. #78-10]
a. 
No person owning or operating any restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public, and for which place license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, shall permit, allow or suffer the consumption of alcoholic beverages at such restaurant, dining room or public place.
b. 
Any person violating the provisions of this section shall be subject to the penalty provided for in § 1-5 of the Revised General Ordinances of the Township of Woodbridge.
c. 
This section shall not apply to those circumstances where the alcoholic beverages being consumed at the premises is in conformity with the existence of a temporary permit permitting the consumption of alcoholic beverages on the premises by the Alcoholic Beverage Commission.
[1974 Code § 4-28; Ord. #2-18-75 § 2]
No person shall discard alcoholic beverage containers, cans or bottles upon any public street, lane, roadway, avenue, sidewalk, public parking lot or any other public place or upon private property not his or her own without the express permission of the owner.
[1974 Code § 4-29; Ord. #2-18-75 § 3]
Any person who engages in any conduct proscribed by either Subsection 3-26.1, 3-26.2 or 3-26.3 shall be deemed a disorderly person.
[1974 Code § 4-30; Ord. #2-18-75 § 4]
Notwithstanding the provisions contained in subsections 3-26.1, 3-26.2 or 3-26.3, the Municipal Council may, by further ordinance or resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area or other public place at a designated time or times in connection with any purpose or events which have been authorized by the Municipal Council of the Township.
[1974 Code § 4-31; Ord. #2-18-75 § 5]
Application for a permit to consume alcoholic beverages in a public park, playground, recreational area or other public place shall be made to the Woodbridge Township Recreation Department.
[Ord. # 14-27]
GUARDIAN
Shall mean a person who is qualified as a guardian of an underage person pursuant to testamentary or court appointment.
RELATIVE
Shall mean an underage person's parent, grandparent, aunt, uncle, sibling, first cousin or closer relative by blood, marriage or adoption who has attained the legal age to purchase and consume alcoholic beverages.
[Ord. # 14-27]
a. 
Any person under the legal age to purchase and consume alcoholic beverages who, without legal authority, knowingly possesses, orders, purchases, serves or consumes alcoholic beverages or who is under the influence of alcoholic beverages within the municipality boundary of the Township of Woodbridge shall be in violation of this section and subject to the penalties hereof.
b. 
This section shall not apply to an underage person consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.
c. 
This section shall not apply to any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey State 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 section N.J.S.A. 33:1-18 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. # 14-27]
a. 
The fine for such an offense under this section shall be two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent offense.
b. 
The court may further suspend or postpone for six (6) months, the driving privilege of the defendant in addition to the fine authorized for this offense. If a person at the time of the imposition of such sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the defendant reaches the age of seventeen (17) years. If a person at the time of the imposition of such sentence under this section has a valid driver's license issued by the State, the court shall immediately collect the license and forward same to the State Motor Vehicle Commission along with the report.
[1974 Code § 15-71; Ord. #80-20 § 1]
As used in this section:
DRUG PARAPHERNALIA
Shall mean:
a. 
All equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled dangerous substance in violation of the provisions of the act to which this section is a supplement. It shall include, but not be limited to:
1. 
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or in harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived.
2. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances.
3. 
Isomerization devices used, intended for use or designed for use in increasing the potency.
4. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances; e.g., scales and balances used, intended for use or designed for use in weighing or measuring controlled dangerous substances.
5. 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled dangerous substances.
6. 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana.
7. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled dangerous substances.
8. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled dangerous substances.
9. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled dangerous substances.
10. 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled dangerous substances into the human body.
11. 
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
(a) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
(b) 
Water pipes.
(c) 
Carburetion tubes and devices.
(d) 
Smoking and carburetion masks.
(e) 
Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand.
(f) 
Miniature cocaine spoons and cocaine vials.
(g) 
Chamber pipes.
(h) 
Carburetor pipes.
(i) 
Electric pipes.
(j) 
Air-driven pipes.
(k) 
Chillums.
(l) 
Bongs.
(m) 
Ice pipes or chillers.
b. 
In determining whether an object is "drug paraphernalia," a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. 
Statements by an owner or by anyone in control of the object concerning its use.
2. 
Prior convictions, if any, of an owner or of anyone in control of the object under any State or Federal law relating to any controlled dangerous substance.
3. 
The proximity of the object, in time and space, to a direct violation of this act.
4. 
The proximity of the object to controlled dangerous substances.
5. 
The existence of any residue of controlled dangerous substances on the object.
6. 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner or of anyone in control of the object as to a direct violation of this act shall not prevent a finding that the object is intended for use or designed for use as "drug paraphernalia."
7. 
Instructions, oral or written, provided with the object concerning its use.
8. 
Descriptive materials accompanying the object which explain or depict its use.
9. 
National and local advertising concerning its use.
10. 
The manner in which the object is displayed for sale.
11. 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related item to the community, such as a licensed distributor or dealer of tobacco products.
12. 
Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.
13. 
The existence and scope of legitimate uses for the object in the community.
14. 
Expert testimony concerning its use.
[1974 Code § 15-72; Ord. #80-20 § 2]
It shall be unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the provisions of the act to which this section is a supplement.
[1974 Code § 15-73; Ord. #80-20 § 3]
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the provisions of the act to which this section is a supplement.
[1974 Code § 15-74; Ord. #80-20 § 4]
It shall be unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under the circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[1974 Code § 15-75; Ord. #80-20 § 5]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: For State statute making it a disorderly persons offense to illegally sell or use certain glues, see N.J.S.A. 2A:170-25.9 et seq.
[1974 Code § 15-13]
As used in this section:
GLUE CONTAINING A SOLVENT HAVING THE PROPERTY OF RELEASING TOXIC VAPORS OR FUMES
Shall mean and include any glue, cement or other adhesive containing one (1) or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether and toluene.
[1974 Code § 15-14]
No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, however, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
[1974 Code § 15-15]
No person shall, for the purpose of violating the provisions of Subsection 3-5.2, use or possess for the purpose of using any glue containing a solvent having the property of releasing toxic vapors or fumes.
[1974 Code § 15-16]
No person, except a person who is at the time of such sale actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, and all sales of such glue not made in or from such an establishment are hereby prohibited.
[1974 Code § 15-17]
No person shall sell, give or otherwise transfer to any other person under the age of eighteen (18), except with the written consent of the parent or guardian of such other person, any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, however, that nothing contained in this section shall be considered applicable to the sale of a model kit containing as a part thereof a tube or other container of any such glue, nor shall these regulations be considered applicable to the sale of a tube or other container of any such glue immediately in conjunction with the sale of a model kit requiring the use of approximately such quantity of glue for the assembly of a model; provided further, that nothing herein contained shall be applicable to the transfer of a tube or other container of such glue from a parent to his child or from a guardian to his ward.
[1974 Code § 15-18]
Each person who, in one (1) transaction, or in two (2) or more transactions closely connected in time, sells to any other person two (2) or more containers of glue containing a solvent having the property of releasing toxic vapors or fumes, shall upon the occurrence of the second or subsequent transaction, require such other person to exhibit means of identification of himself, and shall record in a register conforming with requirements established by the Director of police the name, address and description of such other person. Such record shall be kept for a period of not less than six (6) months, and shall be available for inspection during normal business hours by officers and members of the Township Police Department.
[Ord. #92-63 § 1]
It shall be unlawful for any person to purposely or knowingly commit an act of graffiti as described herein. "An act of graffiti" shall be defined as the "drawing, writing, painting, spraying, or making of an inscription on a bridge, building, public transportation vehicle, rock, wall, structure or edifice, sidewalk, street, or any other exposed surface of any public or private property, real or personal, without the express written consent of the owner, operator or authorized agent thereof."
[Ord. #91-65 § 2; Ord. #92-63 § 2]
No person, firm, corporation or other entity shall sell or offer to sell aerosol spray paint cans and/or broad tipped indelible markers (hereinafter collectively known as "paraphernalia"), to any person under the age of eighteen (18) years. It shall be the affirmative obligation of any selling person, firm, corporation or other entity to verify the age of any person seeking to purchase paraphernalia when the person, firm, corporation or other entity selling the paraphernalia reasonably believes the person to be under the age of eighteen (18) years.
[Ord. #92-63 § 3]
No person under the age of eighteen (18) years shall possess upon his or her person aerosol spray paint cans and/or broad-tipped indelible markers as defined herein.
[Ord. #92-63 § 4]
Any person under the age of eighteen (18) years found to be in possession of paraphernalia shall not be in violation of this section when the paraphernalia is possessed for, and/or in furtherance of, a lawful activity, including but not limited to, employment, educationally related activities and/or other legally recognized recreational activities.
[Ord. #92-63 § 5]
No person having attained the age of eighteen (18) years or older shall purchase or attempt to purchase any aerosol spray paint can or broad-tipped indelible marker with the intent to distribute, give, or make same available to any person or persons under the age of eighteen (18) years.
[Ord. #92-63 § 6; Ord. #95-112 § 2; Ord. #96-68 § 1]
As used in this section:
BROAD-TIPPED INDELIBLE FELT MARKERS
Shall mean any felt-tipped marker or similar implement containing a fluid that is not water soluble and which has a flat or angled writing surface of one-half (1/2) inch or greater.
CORRECTIVE ACTION PLAN
Shall mean any written document, which has been approved by the Township, setting forth a method or plan for the removal of graffiti from property to which the graffiti has been applied, by the owner or owner's agent. Said corrective action plan may include the utilization of the Township's volunteer graffiti removal program or such alternative method proposed by the owner.
GRAFFITI
Shall mean the application of any drawing, inscription, figure or mark upon any surface, structure, wall, rock, bridge, building, fence, gate, road, tree or other real or personal property, privately or publicly owned, without the permission or authorization of the owner or owner's agent.
TOWNSHIP GRAFFITI REMOVAL PROGRAM
Shall mean a volunteer program which is offered by the Township to property owners which uses community volunteers and service workers to remove graffiti whereby the cost of labor and paint are free of charge to the property owner.
[Ord. #95-112 § 2; Ord. #96-68 § 2; Ord. #98-48 § 1]
Each property owner shall be responsible for the removal of any graffiti from the owner's property, under the following parameters:
a. 
1. 
The owner, or agent thereof, of property located within the B-1, B-2, B-2P, B-3, B-4, M-1, M-2, OR, OC or (Nonresidential) Planned Unit Development zones or of commercial or industrial property located within any residential zone, shall procure the removal of any graffiti from the owner's property within forty-five (45) calendar days of receipt of notice from the Township to remove such graffiti.
Said time period may be extended by the Township Enforcement Officer upon the filing of a reasonable corrective action plan by the owner within the aforesaid seven (7) calendar day time period, which corrective action plan may include the Township's graffiti removal program, but in no event shall said time period be extended for more than thirty (30) calendar days from receipt of the notice to remove.
2. 
If the graffiti is of an offensive nature (i.e. vulgar, racial, sexually explicit or inflammatory) the same shall be removed no later than forty-eight (48) hours from notification by the Township.
3. 
In the case of either Subsection a1 or 2, the Township shall take into account inclement weather, or any other factors as the Township may deem appropriate, as to the lack or removal.
4. 
If the owner or agent of such property fails to remove the graffiti in a timely manner, the Township shall cause the graffiti to be removed and charge the property owner for the expenses incurred. Failure of the property owner to pay the Township shall result in the expenses being placed as a municipal lien upon the property as permitted by law.
b. 
All Township law enforcement and Code Enforcement Officers are hereby authorized to enforce the provisions of this section, including the issuance of summonses and notices required under Subsection c below.
c. 
Whenever the Township becomes aware of the existence of graffiti on any property located within any of the zones listed in Subsection a above, or on any commercial or industrial property located within any residential zone, including structures or improvements on the affected property, an applicable enforcement officer shall give, or cause to be given, notice to the property owner and/or owner's agent or manager to remove such graffiti therefrom. Such notice shall be in writing and be in substantially the following form:
NOTICE TO REMOVE GRAFFITI FROM PROPERTY
TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY HEREINAFTER DESCRIBED.
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF THE CODE OF THE TOWNSHIP OF WOODBRIDGE ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK IN THE MUNICIPAL BUILDING, PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION EXISTS ON PREMISES SPECIFICALLY DESCRIBED AS ___________ WHICH INJURES NEIGHBORING PROPERTY AND THE PUBLIC HEALTH, SAFETY AND WELFARE. YOU ARE HEREBY NOTIFIED TO IMMEDIATELY REMOVE SUCH GRAFFITI FROM THE PROPERTY.
IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK, WITHIN SEVEN (7) CALENDAR DAYS OF NOTIFICATION OF THE VIOLATION OR FAIL TO FILE A CORRECTIVE ACTION PLAN WITH THE TOWNSHIP WITHIN SAID SEVEN (7) CALENDAR DAY PERIOD (WHICH PLAN MAY INCLUDE THE TOWNSHIP'S GRAFFITI REMOVAL PROGRAM), THE UNDERSIGNED SHALL CAUSE THE SAME TO BE RE — MOVED AND YOU WILL BE RESPONSIBLE FOR THE COST OF REMOVAL OF THE CONDITION FROM THE PROPERTY INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
[1]
Editor's Note: Former Subsection 3-6.8, Removal of Graffiti; Failure to Remove, previously codified herein and containing portions of Ordinance No. 95-112 was repealed in its entirety by Ordinance No. 96-68.
[Ord. #92-63 § 7; Ord. #02-49]
Any person found to be in violation of this section shall be subject to one (1) or more of the following:
a. 
For a first offense, a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars. For a second or subsequent offense, a fine of not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars.
b. 
For a first offense, imprisonment for not more than ninety (90) days. For a second or subsequent offense, imprisonment for not more than one hundred eighty (180) days.
c. 
A sentence of community service, including but not limited to the removal/remediation of graffiti throughout the Township for a period not exceeding ninety (90) days.
d. 
Costs of removal/clean-up of graffiti.
[Ord. #92-63 § 8]
The Municipal Council may provide for rewards, not to exceed five hundred ($500.00) dollars each, for the detection, apprehension and conviction of a person or persons found to be in violation of this section. The reward shall be paid to any person whom the Municipal Council deems to be entitled thereto, based upon the recommendation of the Chief of Police of the Township of Woodbridge. No reward shall be paid to any public employee whose duty it is to investigate or to enforce this section, or any associated law thereto, or to the employee's spouse, child or parent, living in the same household.
[1974 Code § 19B-1; Ord. #88-67 § 11 Ord. #91-73 § 11 Ord. #92-73 § 1; Ord. #09-43; Ord. No. 2018-26]
In accordance with and pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7 and 7.1), the Township shall adopt map(s) by official resolution that have been certified by the Municipal Engineer to represent all areas within the Township classified as drug-free zones.
[1974 Code § 19B-2; Ord. #88-67 § 2; Ord. #09-43; Ord. No. 2018-26]
The Drug-Free Zone Map(s) approved and adopted pursuant to Subsection 3-7.1 of this chapter shall continue to constitute an official finding and record as to the following locations and boundaries of areas:
a. 
On or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes.
b. 
On or within five hundred (500) feet of the real property comprising a public housing facility, a public park, or a public building.
Said maps shall remain in effect until such time, if any, that this chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of Drug-Free Zones.
[1974 Code § 19B-31; Ord. #88-67 § 3; Ord. #09-43; Ord. No. 2018-26]
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 Township Engineer and the Township 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. #09-43; Ord. No. 2018-26]
The chief administrative officer of any local housing authority is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned or leased by the authority for the purpose of providing living accommodations to persons of low income.
[1974 Code § 19B-41; Ord. #88-67 § 4; Ord. #09-43; Ord. No. 2018-26]
The Township Clerk is hereby directed to receive and to keep on file the original map(s) approved and adopted pursuant to Subsection 3-7.1 of this chapter and to provide at a reasonable cost true copies thereof to any person, agency or Court which may, from time to time, request such copies along with a certification that such copies are true copies of the maps approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps and of this chapter shall be provided without cost to the County Clerk and to the office of the Middlesex County Prosecutor.
[1974 Code § 19B-51; Ord. #88-67 § 5; Ord. #09-43; Ord. No. 2018-26]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the maps approved and adopted pursuant to Subsection 3-7.1 of this chapter were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of this State and that pursuant to State law, such maps shall constitute prima facie evidence of the following:
1. 
The locations and boundaries of areas which are on or within one thousand (1,000) feet of any school property used for school purposes which are owned by or leased to any elementary or secondary school or school board within the Township.
2. 
The locations and boundaries of areas which are on or within five hundred (500) feet of the real property comprising a public housing facility, a public park, or a public building within the Township, subject to the following definitions:
(a) 
PUBLIC HOUSING FACILITY — Means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (C. 40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.
(b) 
PUBLIC PARK — Means a park, recreation facility or area or playground owned or controlled by a State, county or local government unit.
(c) 
PUBLIC BUILDING — Means any type of building owned or controlled by a state, county or local government unit that is accessible to the public.
[Amended 11-26-2019 by Ord. No. 19-123]
b. 
Pursuant to the provisions of P.L. 1988, c. 44, 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 maps or diagrams other than the ones approved and adopted pursuant to Subsection 3-7.1 of this chapter. The failure of the maps approved herein to depict the locations and boundaries of any property identified in Subsection a, whether the absence of such depiction is the result of inadvertent omission or the result of any change in the locations and boundaries of such properties which have not yet been incorporated into revised, approved maps, shall not be deemed to be an official finding and record that such property is not subject to the provisions of N.J.S.A. 2C:35-7 and 7.1.
c. 
All of the requirements set forth in P.L. 1988, c. 44, concerning the preparation, approval and adoption of Drug-Free Zone Maps have been complied with.
[1]
Editor's Note: For statute authorizing regulations of noise, by ordinance, see N.J.S.A. 40:48-1.
Barking or howling dogs may be considered a nuisance, see Subsection 11-5.3.
[1974 Code Art. IV § 2.1]
This section shall be known as the "Noise Code of the Township of Woodbridge," herein referred to as the "Noise Code."
[1974 Code Art. IV § 2.2]
The purpose of these regulations is to control and prevent unnecessary and disturbing noise within the Township. Such unnecessary and disturbing noise is detrimental to the public health, welfare and safety of the residents of Woodbridge and should be regulated for the purpose of securing and promoting the public health, safety, and welfare and the peace and quiet of the townships inhabitants.
[1974 Code § 15-5; Ord. #95-90]
a. 
Generally. It is hereby declared to be a nuisance and it shall be unlawful for any person to make, cause, or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or upon any public street in the Township, any unnecessary noises or sounds by means of the human voice or by any other means or methods which are physically annoying to persons, or which are so harsh, or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the Township, or any number thereof.
b. 
Basketball Playing. It is hereby declared to be a nuisance and it shall be unlawful for any person to play basketball in the Township, through the use of an existing basketball backboard and/or rim attached to it which is located in the entity's right-of-way after sunset and/or before sunrise. This time prohibition shall not preclude a complaint and/or finding of a violation of this section by any of the other definitions of nuisance herein. It shall be a nuisance where the playing of basketball creates unnecessary noises and/or sounds, which may be physically annoying and/or disruptive to adjacent property owners. Additionally, it shall also be a nuisance for the use of basketball backboards and/or rims attached to it, which are located in a public right-of-way, that create an unsafe environment, by way of traffic safety, which compromises the health, life and/or safety of the inhabitants and/or residents of the Township.
[1974 Code Art. IV § 2.3; Ord. #86-35 § 1; Ord. #94-115 § 1]
As used in this section:
CARRIER
Shall mean a common carrier by railroad, or partly by railroad and partly by water, within the continental United States, subject to the Interstate Commerce Act as amended, excluding street, suburban and interurban electric railways, unless operated as part of a general railroad system of transportation.
COMMERCIAL OPERATION
Shall mean any facility or property used for the purpose or utilization of goods, services, or land or its facilities, including but not limited to:
a. 
Commercial dining establishments
b. 
Noncommercial vehicle operations
c. 
Wholesale services
d. 
Banks and office buildings
e. 
Recreation and entertainment
f. 
Community services
g. 
Public services
h. 
Other commercial services
i. 
Retail services.
COMMERCIAL MOTOR VEHICLE OPERATION
Shall mean any facility or property used primarily for the dispatching, garaging, servicing, maintaining, selling, or leasing of any truck registered at a gross weight in excess of five thousand (5,000) pounds, omnibus, tractor, trailer, semitrailer, pole-trailer, or any vehicle registered in this State engaged in interstate commerce which is now or hereafter subject to regulation and license by the Interstate Commerce Commission and/or the Bureau of Motor Carrier Safety of the Federal Highway Administration.
CONTINUOUS AIRBORNE SOUND
Shall mean sound that is measured by slow response setting of sound level meter in accordance with provisions of N.J.A.C. 7:29B-1.
dBA
Shall mean the measured sound level expressed in dB when using the "A" weighted network of a sound level meter.
DECIBEL
Shall mean a unit for measuring the volume of a sound equal to the logarithm to the base ten (10) of the ratio of the sound pressure of the sound, to the sound pressure of a standard sound ([0.0002] microbars); abbreviated "dB."
EMERGENCY ENERGY RELEASE DEVICE
Shall mean emergency safety devices expressly used to release excess energy which do not have regularly scheduled operation. Process control devices are not to be considered emergency devices.
ENFORCEMENT OFFICIALS
Shall mean the Director of the Department of Health and Welfare or anyone acting on his behalf.
FREQUENCY
Shall mean the number of oscillations per second, expressed in hertz (abbreviation Hz).
IMPULSIVE SOUND
Shall mean either a single pressure peak or a single burst (multiple pressure peaks) for a duration less than one (1) second.
IMPULSIVE SOUND LEVEL
Shall mean the maximum instantaneous sound pressure level measured by an impulse sound level meter meeting IEC—Publication 179 or the latest revision therefor.
INDUSTRIAL OPERATION
Shall mean any facility or property used for the following:
a. 
Storage, warehouse or distribution, provided that the operation shall not be construed to be an industrial operation when it is part of a commercial motor vehicle operation as defined herein.
b. 
Property used for the production and fabrication of durable and nondurable man-made goods.
c. 
Activities carried out on the property.
OCTAVE BAND SOUND PRESSURE LEVEL
Shall mean sound pressure level measured in standard octave bands with sound level meter and octave band analyzer that conforms to the requirements of Class II as specified in ANSI-S1.11-1966 (R-1976) Specifications for octave, half-octave and third-octave band filter sets [see N.J.A.C. 7:29B-1.12(A)(1)].
PERSON
Shall mean any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the State, municipality, industry, copartnership or association.
RAILROAD
Shall mean all roads in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement or lease.
RESIDENTIAL PROPERTY
Shall mean property used for human habitation, including but not limited to the following:
a. 
Residential living accommodations.
b. 
Commercial living accommodations, commercial property used for human habitation.
c. 
Recreational and entertainment property used for human habitation.
d. 
Community service property used for human habitation.
SOUND LEVEL
Shall mean the measured level of a sound, expressed in dB re 0.0002 microbar, obtained using a sound level meter. Sound level meter to be used in accordance with provisions of N.J.A.C. 7:29B-1 to measure sound pressure level, octave band sound pressure level or peak sound pressure level, separately or in combination thereof.
SOUND PRESSURE LEVEL
Shall mean the sound pressure level, in decibels, of a sound is twenty (20) times the logarithm to the base of ten (10) of the ratio of the pressure of the sound to the reference sound pressure. Sound pressure level is measured with a sound level meter meeting ANSI—S 1.4 or the latest revision thereof.
STATIONARY EMERGENCY SIGNALING DEVICE
Shall mean any device, excluding those attached to motor vehicles, used to alert persons engaged in emergency operations. These include but are not limited to firefighters, first aid squad members, and law enforcement officers, whether paid or volunteer.
[1974 Code § 15-6; Ord. #99-57]
It shall be unlawful for any person to play, use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, car radio, portable radio or other machine or device for the production or reproducing of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such person(s) who are voluntary listeners thereto. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air.
[Ord. #94-115 § 2]
No person shall cause, suffer, allow or permit the operation of the equipment or facilities of any surface carrier engaged in commerce by railroad in such a manner that the sound level emitted by such operation exceeds the standards and levels as set forth in the registration promulgated by the Administrator of the United States Environmental Protection Agency (EPA) after consultation with the Secretary of the United States Department of Transportation (DOT) pursuant to the authority granted by the Federal Noise Control Act of 1972, 42 U.S.C.A. 4916 (a), which are found at 40 C.F.R. Part 201.1, et seq. and at 49 C.F.R. Part 210, Appendix A, and as they may be subsequently adopted, amended or modified from time to time.
[1974 Code § 15-7]
It shall be unlawful for any person, for advertising purposes or for the purpose of attracting the attention of the passing public, to play, use, operate, or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound on the streets or public places of the Township, or in any place where the sound therefrom is cast directly upon the streets or public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.
[1974 Code § 15-8]
It shall be unlawful for any person to play, use or operate for advertising purposes, or for any other purpose whatsoever, on or upon the public streets or public places in the Township, any device known as a sound truck, loud speaker or sound amplifier, or radio or phonograph with a loud speaker or sound amplifier, or any other instrument known as a calliope, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operating or standing upon the streets or public places.
[Ord. No. 2017-127; Ord. No. 2018-12]
a. 
It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any street under municipal jurisdiction within the Township of Woodbridge, any mechanical exhaust or decompression device also known as "engine braking." "Compression engine braking," as used herein, shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in loud or unusual noise from such vehicle and shall include engine compression brakes.
b. 
Exceptions. The provisions of this section shall not apply to the practice of engine braking:
1. 
Where conventional vehicle brakes have failed resulting in an emergency, making necessary the use of engine braking; or
2. 
By emergency equipment being used for emergency purposes.
c. 
Posting of Signs. The Township is hereby authorized to post signs at locations delineated herein within the Township indicating the prohibition of engine braking.
Name of Street
Location
Any street under municipal jurisdiction
Woodbridge Township limits
[1974 Code § 15-9]
It shall be unlawful for any person to sound any horn or warning device on any automobile, motorcycle, bus or other vehicle, except when required by law, or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.
[1974 Code Art. IV § 2.4; Ord. #86-35 § 2]
No person shall cause, suffer, allow or permit sound from any industrial or commercial operation or residential property or produce or cause to be produced any loud or unnecessary sound in the Township which, when measured at any residential property line, is in excess of any of the following:
a. 
From 7:00 a.m. to 10:00 p.m.
1. 
Continuous airborne sound which has sound level in excess of sixty-five (65) dBA; or
2. 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands; or,
Octave Band
Center Frequency (Hz)
Octave Band Sound
Pressure Level (dB)
31.5
96
63
82
125
74
250
67
500
63
1,000
60
2,000
57
4,000
55
8,000
53
3. 
Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.
b. 
From 10:00 p.m. to 7:00 a.m.
1. 
Continuous airborne sound which has sound level in excess of fifty (50) dBA; or
2. 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands; or
Octave Band
Center Frequency (Hz)
Octave Band Sound
Pressure Level (dB)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
3. 
Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.
[1974 Code Art. IV § 2.5; Ord. #86-35 § 3]
No person shall cause, suffer, allow or permit sound from any industrial or commercial operation or produce or cause to be produced any loud or unnecessary sound in the Township which, when measured at the property line of any other commercial or industrial operations, is in excess of any of the following:
a. 
Continuous airborne sound which has a sound level in excess of sixty-five (65) dBA; or
b. 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands; or
Octave Band
Center Frequency (Hz)
Octave Band Sound
Pressure Level (dB)
31.5
96
63
82
125
74
250
67
500
63
1,000
60
2,000
57
4,000
55
8,000
53
c. 
Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.
[1974 Code Art. IV § 2.6; Ord. #86-35 § 4]
The operational performance standards established in subsections 3-8.10 and 3-8.11 shall not apply to any of the following noise sources:
a. 
Stationary emergency signaling devices.
b. 
Bells, chimes or carillons while being used in conjunction with religious services.
c. 
Emergency energy release devices.
d. 
Emergency work to provide electricity, water or other public utilities when public health or safety are involved.
e. 
Motor vehicle race tracks.
f. 
National Warning System (NAWAS): Systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
g. 
Noise of aircraft flight operations.
h. 
Public celebrations.
i. 
Public roadways.
j. 
Surface carriers engaged in commerce by railroad.
k. 
The unamplified human voice.
l. 
Use of Explosive Devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27).
[1974 Code Art. IV § 2.7; Ord. #86-35 § 5]
No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance of the enforcement official of any duty or testing under the provisions of subsections 3-8.2 through 3-8.15, or of any amendments or supplements thereof, hereafter or refuse to permit such personnel to perform their duties by refusing them, upon proper identification or presentation of a written order of the Director of the Department of Health and Welfare, entrance to any premises at all times.
[1974 Code Art. IV § 2.8; Ord. #86-35 § 6]
The sound level meter and octave band analyzer must meet or exceed N.J.A.C. 7:29B-1.6.
[1974 Code Art. IV § 2.9; Ord. #85-36 § 7]
Sound pressure levels and octave band sound pressure levels shall be measured in accordance with N.J.A.C. 7:39B-1 et seq.
All measurements shall be made by the Director of the Department of Health and Welfare of Woodbridge or his appointed representative.
[1974 Code Art. IV § 2.10]
The enforcing official shall have the right to demand the prohibition of any loud or unnecessary noise by requiring the termination in operating any facility, machine or instrument.
[1974 Code Art. IV § 2.11; Ord. #84-49 § 1]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5; however, that when the maximum penalty fixed by an applicable State statute is less, by force of the statute or by judicial construction, than the penalty fixed herein, the limitations of the statute shall be applicable. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: For authority of municipality to regulate motorboats upon waters within or bounding the municipality, see N.J.S.A. 40:48-11(23).
[1974 Code § 15-29]
No person shall operate any motorboat upon waters within or bounding the Township unless the motor shall be constructed with a muffler or silencer to prevent excessive noise. The muffler or silencer shall be used while the motor is in operation.
This section shall not apply to the operation of any motorboat entered in a regatta or boat race; or to any motorboat being prepared for the regatta or boat race for a period of one (1) hour before the starting time of the regatta or race.
[1974 Code § 15-30]
No person shall use any muffler cut-out on any motor-driven boat upon waters within or bounding the Township.
[1974 Code § 15-31]
No person shall operate any motorboat at a speed in excess of five (5) miles an hour:
a. 
When approaching or leaving any anchorage, boat basin, dock for the taking on or discharge of passengers or other place for boats;
b. 
Within one hundred (100) feet of the shore line of any waters within or bounding the Township.
[1974 Code § 15-32]
No person shall operate any motorboat within two hundred (200) feet of the shore line of any bathing beach or other recreational point where people are customarily assembled for bathing, fishing or other recreational pursuit. No person shall land at any bathing beach or other recreational point except in an emergency.
[1974 Code § 11B-1; Ord. #82-41 § 1; Ord. #82-49 § 1; Ord. #83-53]
The use of earphones and headphones by bicyclists and operators of motorized or self-propelled vehicles is prohibited while persons are using municipal streets and County roads in the Township. The provisions of this section shall not apply to:
a. 
Law enforcement and fire-fighting personnel when on duty.
b. 
Any person engaged in the operation of either special construction equipment or equipment for the use in the maintenance of any highway.
c. 
Any person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
d. 
Any person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to attenuate injurious noise levels. Such custom plugs or molds shall be designed in such a manner as not to inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or horn from another vehicles.
e. 
All employees and agents of companies or proprietorships that are controlled by the Public Utilities Board of the State of New Jersey engaged in the performance of their duties.
[1974 Code § 11B-2; Ord. #82-41 § 2]
Pedestrians and joggers using earphones and headphones are required to remove the devices prior to leaving the sidewalk to cross the street or to walk temporarily on the roadways.
[1]
Editor's Note: For State statutes concerning weapons and firearms, see N.J.S.A. 2A:151-1 et seq. For authority of municipality to regulate the use of firearms, see N.J.S.A. 40:48-1(18).
[1974 Code § 15-10]
a. 
No person shall discharge a gun or any firearm within the Township.
b. 
The above Subsection a shall not be applicable to:
1. 
The discharge of any gun or firearm upon a licensed pistol, rifle or firearm range which is under the supervision of the Township Police Department; or,
2. 
Members of the Township Police Department or any sworn, current law enforcement officer.
[Ord. #92-71 Preamble]
The Municipal Council is aware of the many hazardous situations which have been caused by the improper use of high-powered water guns throughout the country and, most especially, within the State of New Jersey and the Municipality of Woodbridge Township. These hazardous situations include, but are not limited to, instances where users have shot harmful substances in a compressed stream some thirty (30) feet or more at either vehicular traffic or other people in a manner to create both traffic hazards, as well as potentially riotous situations. The Police Department has confirmed the existence of the danger in the improper use of these high-powered water guns. The Mayor and Municipal Council have determined it to be in the best interests of the Township to restrict the possession and use of high-powered water guns.
[Ord. #92-71 § 1]
As used in this section:
HIGH-POWERED WATER GUN
Shall mean any toy, look-alike or imitation gun, device or instrument in the nature of a weapon from which water or other liquid may be ejected by means of compressed air or a pump mechanism and which can propel a stream of liquid thirty (30) feet or more. The term includes, but is not limited to, the "Super Soaker" brand of water gun and substantially similar devices which can propel liquid thirty (30) feet or more.
PUBLIC PLACE
Shall mean any place to which the public has access including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.
[Ord. #92-71 § 2]
a. 
It shall be unlawful for any person to use, possess, or carry in a public place a high-powered water gun which contains any substance which is poisonous, deleterious or noxious or which may be injurious or detrimental to a person's health or may cause property damage.
b. 
It shall be unlawful for any person to aim and/or discharge a high-powered water gun at any moving motor vehicle in a public place.
c. 
It shall be unlawful for any person to aim and/or discharge a high-powered water gun at any other person riding a bicycle in a public place. This prohibition, however, shall not be applicable if the other person(s) riding the bicycle is one who is engaging in an act of mutual play with the person who aims or discharges the high-powered water gun.
[Ord. #92-71 § 3]
Any person found to be in violation of this section shall be subject to one (1) or more of the following:
a. 
A fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
b. 
Imprisonment for not more than ninety (90) days.
[Ord. #04-05]
PAINTBALL GUN
Shall mean any device manufactured, constructed or altered to launch a sack containing paint commonly known as a "paintball."
[Ord. #04-05]
a. 
No person shall carry a paintball gun, whether loaded or unloaded, in or on any public area or thoroughfare within the Township of Woodbridge, except as provided otherwise herein.
b. 
It shall be prohibited to carry a paintball gun in the passenger compartment of a motor vehicle in the Township of Woodbridge.
c. 
Notwithstanding the prohibition contained in paragraphs a and b of this section, it shall be permissible to (i) carry a paintball gun to and from retail and/or repair facilities, for the purpose of purchase, return, repair or maintenance of the paintball gun; (ii) carry or transport a disassembled paintball gun; (iii) carry a paintball gun in the trunk of a vehicle; and (iv) carry and use a paintball gun at a facility approved for said activity and licensed by the appropriate licensing authorities, for activities consistent with the intended use of a paintball gun.
[Ord. #04-05]
The penalty for violation of this section shall be a fine of not less than one hundred ($100.00) dollars, nor more than one thousand ($1,000.00) dollars; and if determined by the Court, a period of community service not to exceed ninety (90) days; a period of incarceration of not more than ninety (90) days or a combination thereof. If it is determined that the violation of this provision resulted in property damage, the Court shall order restitution by the party convicted of this provision or in the event of a minor, their parent or guardian.
[1974 Code § 9-152; Ord. #84-71 § I]
The Municipal Council finds that the establishment and maintenance of establishments known as "cabarets" or "juice bars" is a public nuisance and inimical to the welfare of the citizens of the Township and that the Township should take all proper and necessary steps to prevent the establishment and/or maintenance of such businesses within the Township.
[1974 Code § 9-153; Ord. #84-71 § I]
As used in this section:
CABARET
Shall mean an establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, wherein beverages sold under the regulations of N.J.S.A. 33:1.1 et seq. are sold or are available for sale.
JUICE BARS
Shall mean an establishment which features topless or topless and bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, and where beverages other than beverages sold under the provisions of N.J.S.A. 33:1-1 et seq., are sold or are available for sale.
SPECIFIED ANATOMICAL AREA
Shall mean:
a. 
Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast area below a point immediately above the top of the areola;
b. 
Human male genitals in a discernibly rigid state, even if completely and opaquely covered.
[1974 Code § 9-154; Ord. #84-71 § I]
It shall be unlawful to establish or maintain within the Township a cabaret or juice bar wherein specific anatomical areas are displayed, presented to the patrons or in any other manner shown or displayed on the premises.
[1974 Code § 9-155; Ord. #84-71 § I]
It shall be unlawful for any person to perform or entertain at a cabaret or juice bar in such a manner as to display specific anatomical areas.
[1974 Code § 9-156; Ord. #84-71 § I]
a. 
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
b. 
A separate offense shall be deemed to be committed on each day during or on which such violation continues.
c. 
Penalties imposed herein shall be in addition to any other penalty that may be imposed by law, common or statutory, and shall not prevent the Township of Woodbridge from seeking such civil penalties as may be provided by law.
[1974 Code § 15-37; Ord. #06-67; Ord. #07-09]
As used in this section:
CART
Shall mean a hand-drawn or propelled vehicle or wheeled container made of metal, wood or other materials such as is generally provided by merchants for carting or carrying merchandise or foodstuffs to automobiles or other places.
DIRECTOR
Shall mean the Director of the Department of Public Works and Parks and his duly authorized agent or representative.
PROPERTY
Shall mean and include any cart.
STREET
Shall mean and include a street, avenue, road, alley, lane, highway, driveway, sidewalk, park, parking lot, parking area, and places used by the general public.
[1974 Code § 15-38; Ord. #06-67]
No person shall leave or abandon or suffer or permit to be left or abandoned any cart, whether owned by him or in his possession, custody or control, upon any public street, sidewalk, driveway or municipal parking area in this Township. Any cart found so left or abandoned shall be prima facie evidence that it was left or abandoned by or with the permission of the owner. Said carts shall be disposed of at the discretion of the Director.
[1974 Code § 15-25]
The Municipal Council finds that:
a. 
A dangerous condition exists in the Township is that unattended ponds, clay pits and other areas tend to fill with water and are attractive to and used by children as swimming areas; and
b. 
The water-filled areas are unattended and their existence constitutes a constant menace to the health, welfare and safety of the children of the Township.
[1974 Code § 15-26]
No person owning land in the Township shall allow water to collect on any portion of the land owned to a depth of twelve (12) inches or more at any point unless there shall be an adequate enclosure around the property or the body of water, sufficient to make the body of water inaccessible to children. Such enclosures, including gates therein, shall be not less than four (4) feet above the underlying ground. All such gates shall be self-latching, with latches placed four (4) feet above the underlying ground or otherwise made inaccessible from the outside to children.
[1974 Code § 15-27]
A natural barrier, hedge or other protective device approved by the Municipal Council may be used in lieu of the enclosure referred to in Subsection 3-16.2 so long as the degree of protection afforded by the substituted natural barrier, hedge, or other protective device is not less than the protection afforded by the enclosure, gate and latch described in Subsection 3-16.2.
[1974 Code § 15-28]
In lieu of an enclosure, gate and latch as provided by Subsection 3-16.2 or a natural barrier, hedge, or other protective device as permitted by Subsection 3-16.3, the body of water in the areas referred to in Subsection 3-16.2 may be drained and the drained areas filled so as to remove the dangerous condition and prevent recurrence of water-filled areas.
[1974 Code § 15-11]
As used in this section:
SKATEBOARD
Shall mean and include a single platform which is mounted on wheels and has no mechanism or other device with which to steer or control the direction of movement thereof while being used, operated or ridden.
[1974 Code § 15-12; Ord. #88-37]
a. 
Except as hereinafter provided, no person shall use, operate or ride upon any skateboard on any public street, public sidewalk, public park, public parking lot or other public place within the Township.
b. 
The Director of Parks and Recreation shall designate paved areas of the public parks of the Township for lawful use, operation and riding of skateboards. No person shall use, operate or ride upon any skateboard in any public park other than within a designated paved area of the public parks of the Township.
[1974 Code § 22-62]
No person shall ride a bicycle, tricycle or similar vehicle nor ride nor drive any dogcart or wagon upon any of the sidewalks of the Township; provided, however, that the provisions of this subsection shall not apply to children under ten (10) years of age nor to persons wheeling baby carriages.
[1974 Code 5-18; Ord. #83-25 § 1]
Organizations and associations duly licensed to hold and operate games known as "bingo" and "raffles" under the provisions of N.J.S.A. 5:8-31 are herein permitted to hold, conduct and operate bingo and raffle games in the Township on Sundays, between the hours of 2:00 p.m. and 11:00 p.m.
[1974 Code § 5-19; Ord. #83-25 § 1]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #13-25]
As used in this section:
SLED
Shall mean a vehicle usually on runners for transportation especially on snow or ice; especially a small steerable one used by children for coasting down snow-covered hills;
SLEDDING
Shall mean the use of a sled, the conditions under which one may use a sled.
INNER TUBE
Shall mean an inflatable usually ring-shaped rubber tube designed for use inside a pneumatic tire;
TUBING
Shall mean the sport or activity of riding an inner tube (as down a river or snowy slope);
SKIING
Shall mean the art or sport of sliding and jumping on skis;
SNOWBOARDING
Shall mean the art or sport of using a snowboard;
SNOWBOARD
Shall mean a board like a wide ski ridden in a surfing position downhill over snow.
[Ord. #13-25]
No person shall sled, tube, ski or snowboard upon any public street, public sidewalk, public park, public parking lot or other public place at or on the Woodbridge Community Center property.
[Ord. #13-25]
Any person who violates this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 of these Revised General Ordinances. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1974 Code § 5-13]
No person, firm or corporation or any employee or officer of such corporation shall:
a. 
Present or exhibit, or permit the presentation or exhibition of, motion pictures in any open-air theater (commonly known as a "drive-in theater"); or,
b. 
Use such open-air theater for the purpose of conducting any show or public entertainment between the hours of 12:30 a.m. of any day and 8:00 a.m. of the same day.
[1974 Code § 5-14]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 9-133; Ord. #80-11 § 1]
Discotheques and other similar business establishments shall herein be regulated as to hours of operation so that the business activities shall terminate at 2:00 a.m. on all days other than Saturdays and Sundays. Discotheques and other similar business operations shall terminate their business activities at 3:00 a.m. on Saturday mornings and 3:00 a.m. on Sunday mornings. The closing hours are in conformity with the business hours of bars, taverns and nightclubs that are licensed to serve alcoholic beverages.
[1974 Code § 9-134; Ord. #80-11 § 2]
Discotheques and other similar business operations are herein defined as those businesses that predominantly attract patrons by offering the same amplified recorded or live music so that the patrons can dance or listen to the same. Ancillary uses may be the providing of food and nonalcoholic beverages. This section is not intended to regulate the business hours of those establishments that serve alcoholic beverages pursuant to a duly issued liquor license.
[1974 Code § 9-135; Ord. #80-11 § 3; Ord. #84-49 § 1]
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 2018-43]
As defined in this section:
MOTOR VEHICLE REPAIR FACILITIES
Shall mean any and all facilities, garages, body repair shops, vehicle dealers, used vehicle dealers or mobile repair facilities that repair and/or service motor vehicles.
[Ord. No. 2018-43]
Vehicle window and/or windshield tinting and glazing used or installed on motor vehicles manufactured after July 1, 1935 shall meet the requirements of N.J.A.C. 13:20-33.7 et seq. and New Jersey Motor Vehicle Statutes N.J.S.A. 39:3-74, 39:3-75, 39:3-75.1, 39:3-75.2 and 39:3-75.3.
[Ord. No. 2018-43]
Any motor vehicle repair facility or employee thereof who violates, permits, aids or abets the violation of any provision of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, § 1-5 of the Revised Ordinances of the Township of Woodbridge. A separate offense shall be deemed committed for each vehicle window and/or windshield tinted or glazed in violation of this section.
[1]
Editor's Note: For statutory authority of a municipality to compel removal of snow and ice from sidewalks, or to assess the cost of removal by the municipality as tax lien, see N.J.S.A. 40:65-12.
[Ord. #94-60 § 22-55]
As used in this section:
OWNER
Shall mean and include the person or persons, partnership, corporation or other legal entity holding legal title to any lot, parcel of land, or real property, whether improved or unimproved and whether or not occupied by the owner.
PROPERTY
Shall mean a lot, parcel or tract of land or real property that abuts or borders the sidewalk of a public street in the Township.
SIDEWALK
Shall mean a hard surface constructed walkway along the side of a street intended for use by pedestrians.
[Ord. #94-60 § 22-56]
a. 
It shall be the duty of an owner of property, to remove or cause to be removed all snow and ice from the sidewalk(s) abutting or bordering the property of the owner, so as to create a patch for pedestrians at a width of not less than three (3) feet. Where the sidewalk is less than three (3) feet wide, the owner shall have the duty to remove or cause to be removed all snow and ice from the entire sidewalk abutting or bordering the property of the owner.
b. 
The duty imposed upon the owner under Subsection a of this subsection shall be fulfilled not later than 8:00 p.m. on the calendar day after the calendar day on which the snow or ice storm ceases. In the case of ice which is impracticable to remove, the ice on the sidewalk(s) shall be covered with sand, sawdust, rock salt or some similar substance not later than 8:00 p.m. on the calendar day after the calendar day on which the snow or ice storm ceases.
[Ord. #94-60 § 22-57]
No person shall throw, place or deposit or cause to be thrown, placed or deposited upon any sidewalk or public street in the Township any snow or ice at any time.
[Ord. #94-89 § 1]
No owner or operator of premises having parking spaces reserved for handicapped drivers and no tenant, contractor or other person may block access to such parking stalls reserved for handicapped drivers by plowing, piling or placement of snow or ice in such spaces.
[Ord. #94-60 § 22-58]
a. 
The Department of Police shall be charged with enforcement of the provisions of Subsection 3-23.2 and 3-23.3 and shall cause prosecutions for violation thereof to be instituted in the Municipal Court.
b. 
Any owner, or person convicted of violating this section shall be fined not more than one hundred ($100.00) dollars per day for the first offense and not more than one thousand ($1,000.00) dollars per day for any subsequent offense in any one (1) winter season. A winter season shall be defined as November 1 of any calendar year through April 30 of the following calendar year.
[Ord. #94-60 § 22-59]
In the event snow or ice is not removed or caused to be removed by an owner from the sidewalk abutting or bordering the property of the owner not later than 8:00 p.m. on the second calendar day after the calendar day on which the snow or ice storm ceases, the Director of the Department of Public Works may, in the discretion of the Director, cause the snow and ice to be removed from the sidewalk abutting or bordering the property of the owner by the Township or at the expense of the Township.
[Ord. #94-60 § 22-60]
Upon removal of snow and ice by or at the expense of the Township as provided in Subsection 3-23.6, the Director of the Department of Public Works shall forthwith certify the cost of such removal by the Township to the Municipal Council. Upon receipt of the certificate the Council shall examine the same and, if found correct, shall cause such costs to be charged as a special tax against the property of the owner abutting or bordering such sidewalk(s). The amounts so charged shall thereupon become a lien and tax upon the property of the owner, and shall be added to and become part of the taxes next to be levied and assessed upon the property of the owner. This amount shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #94-60 § 22-61]
The imposition and collection of any penalty pursuant to the provisions of Subsection 3-23.5 shall not constitute or bar the right of the Township to collect the cost of removal as provided in Subsection 3-23.7.
[Ord. #94-103 Preamble]
The New Jersey Legislature enacted P.L. 1992, Ch. 132, which authorizes municipalities to adopt ordinances regulating the presence of minors in public places between the hours of 11:00 p.m. and 6:00 a.m.: the Township of Woodbridge concurs with the sentiments of the New Jersey Legislature that limiting a minor's access to public places during these hours is in the minor's and society's best interest. The Township of Woodbridge finds that it is in the best interest of society to encourage protection, care and wholesome mental and physical development of children and to encourage the supervision of children by both their parents and guardians and to encourage communication between them. The particular vulnerability of children, their inability to make critical decisions in an informed, mature manner, and the importance of the parental role in child rearing and to encourage better family relations make the adoption of these regulations necessary.
[Ord. #94-103 § 1]
As used in this section:
GUARDIAN
Shall mean a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE/MINOR
Shall be used interchangeably and shall mean any individual who is sixteen (16) or less years of age.
KNOWINGLY
Shall mean and include knowledge or information which a parent should reasonably be expected to have pertaining to the whereabouts of a juvenile in that parent's legal custody. It is intended to include and require neglectful or careless parents to maintain a reasonable community standard of parental respectability through an objective test. It shall be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
PARENT
Shall mean and include natural or adoptive parents.
PUBLIC PLACE
Shall mean any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shop-ping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
YEAR OF AGE
Continues from one birthday, such as the thirteenth to (but not including the day of) the next such as the fourteenth birthday, making it clear than thirteen (13) or less years of age is herein treated as equivalent to the phrase, "under fourteen (14) years of age."
[Ord. #94-103 § 2]
a. 
It shall be unlawful for juveniles to be in any public place within the Township between the hours of 11:00 p.m. and continuing into the morning hours of the following day until 6:00 a.m. any day of the week.
b. 
The prohibition of Subsection a does not apply if the juvenile is:
1. 
Accompanied by his/her parent or guardian;
2. 
Accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specific area;
3. 
Is engaged in, or traveling to or from a business or occupation which the law of this State authorizes a juvenile to perform;
4. 
Engaged in an errand involving a medical emergency;
5. 
When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, which includes but is not limited to: attending religious or community organization or other cultural, educational or social events or is in direct transit to or from such events. Such minor shall evidence the bona fides of such exercise by having in his/her possession a written communication, signed by such minor's parent or guardian, with his/her home address and telephone number, specifying when, where and in what manner the minor will be on the streets at night (during hours when the Curfew Regulation is otherwise applicable to the minor) in the exercise of a First Amendment right specified in such communication.
6. 
No more than fifty (50) feet from his/her place of residence.
[Ord. #94-103 § 3]
It shall be unlawful for any parent, guardian or any person having legal custody of a minor to knowingly permit, or by inefficient or lack of control, to allow such juvenile in his or her care to be in any public place, as defined in Subsection 3-24.2 between the hours of 11:00 p.m. and 6:00 a.m., except in circumstances outlined in Subsection 2-24.3b.
[Ord. #94-103 § 4; Ord. #95-02 § 1]
a. 
Any juvenile sixteen (16) years of age or less found by a Police Officer to be in violation of this section shall advise the juvenile that he or she is in violation of this section of the Code, and that juvenile shall be placed in Police custody and released thereafter to his or her parent/guardian. The parent or guardian, as defined in Subsection 2-24.3, shall be immediately notified and required to report to Police headquarters to procure the juvenile.
b. 
In determining the age of the juvenile, and in the absence of convincing evidence such as a birth certificate, a Police Officer shall use his or her best judgment in determining age.
c. 
When a parent or guardian is immediately called and has come to take charge of the juvenile and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent or guardian.
d. 
If a parent or guardian cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with Police regulations promulgated by the Chief of Police, approved, in advance, by applicable juvenile authorities, the juvenile may temporarily be entrusted to an adult, relative, neighbor or other person who will, on behalf of a parent, assume the responsibility of caring for the juvenile pending availability of the parent or guardian.
e. 
A formal warning shall be issued to a first offender and served upon the parent or guardian in person and by certified mail; thereafter, a non-indictable summons shall be issued to a second offender and served upon the parent or guardian in person or by certified mail.
f. 
Police procedures shall constantly be refined in the light of experience and may provide that the Police Officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances, for example, a juvenile of tender age near home, whose identity and address may readily be ascertained or is known.
g. 
A Police Officer discharging an enforcement obligation under this section shall file the applicable reports, juvenile and otherwise. It is not the intention of this section to require extensive reports that will prevent Police Officers from performing their primary Police duties. The reports shall be as simple as is reasonably possible and may be completed by Police Departmental personnel other than sworn Police Officers.
h. 
If the juvenile has been convicted of violating this section on a prior occasion within six (6) months of the date of the present violation, there shall be a presumption that the parent or guardian having care of the juvenile knew or should have known of the juvenile's violation of this section.
[Ord. #94-103 § 5]
a. 
After the receipt of a warning notice pursuant to Subsection 3-24.5e of a first violation by a juvenile, if a second curfew violation if adjudicated against the same minor, the parents/guardian of the juvenile shall also be subject to prosecution under this section. For any violation of this section, community service, not to exceed ninety (90) days shall be imposed. Upon finding a parent/guardian guilty for any violation of this section, the parent/guardian and the juvenile shall perform community service together.
b. 
Any juvenile who violates any of the provisions of the Curfew Regulation as contained in this section more than four (4) times shall be reported by the Chief of Police to the juvenile authorities as a juvenile in need of supervision and the Chief of Police and/or his/her designee may proceed to file such charges with the Superior Court of New Jersey, Family Part, as he or she may deem appropriate.
c. 
The following penalties may be imposed in addition to any community service sentence ordered:
First Offense:
Written warning
Second Offense:
Fine up to $200.00
Third Offense:
Fine no less than $100.00 but not more than $500.00
Fourth/Subsequent Offenses:
Fine no less than $100.00 but no more than $1,000.00
[Ord. #94-103 § 6]
Notice of the existence of the Curfew Regulations shall be posted in, or about such public or quasi-public places as may be determined by the Chief of Police in order that the public may be constantly informed of the existence of this section and its regulations.
[Ord. #92-72 Preamble]
The Municipal Council is aware of many significant occurrences by Township youth which results in property damage and general unsafe conditions throughout the Township on the evening of October 30 of each year, commonly referred to as "Mischief Night." The Municipal Council is further aware of the many Township youth who wander idly through the streets of the Township on October 31 of each year, commonly referred to as "Halloween." The Police Department has corroborated the concerns and has many documented instances of both property damage as well as personal injury to the Township youths which have historically occurred on these two (2) evenings each year. In view of the above mentioned hazards and by virtue of the Municipality's authority pursuant to N.J.S.A. 40:48-1 as well as the authority implied by N.J.S.A. 13:1B-4.1, the Mayor and Municipal Council hereby desire to impose a curfew on the evenings of October 30 and 31 of each year applicable to Township youth.
[Ord. #92-72 § 1]
This section is to be known and cited as the "Halloween Curfew Ordinance," regulating the presence and conduct of minors on the streets and public places during the evenings of October 30 and 31 of each year.
[Ord. #92-72 § 2]
As used in this chapter:
CUSTODIAN
Shall mean any person over the age of eighteen (18) who is in loco parentis to a juvenile.
GUARDIAN
Shall mean any other than a parent who has legal guardianship of a minor.
MINOR
Shall mean any person under the age of eighteen (18).
PARENT
Shall mean the natural or adoptive parent of a minor.
PUBLIC PLACE
Shall mean any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
TOWNSHIP
Shall mean the Township of Woodbridge.
[Ord. #92-72 § 3]
It shall be unlawful for any minor to remain idle, wander, stroll, or place in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the Township commencing with the hour of 7:00 p.m. on October 30 and continuing to sunrise on the following day as well as commencing with 7:00 p.m. on October 31, and continuing to sunrise on the following day, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor.
[Ord. No. 92-72 § 4]
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or in any public place or public property within the Township commencing with the hour of 7:00 p.m. on October 30 and continuing to sunrise on the following day as well as commencing with 7:00 p.m. on October 31, and continuing to sunrise on the following day, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor.
[Ord. #92-72 § 5]
The provisions of this section shall not be applicable to any minor during the time necessarily required for such minor to travel from a place of employment at which such minor may be gainfully employed; or a school or place of instruction at which such minor may be in bona fide attendance; or a place at which a function may be held that shall be, or had been, sponsored by a religious, school, civic or other properly supervised event or program; or a place at which a bona fide, supervised social meeting, gathering or assemblage had taken place; to his residence.
[Ord. #92-72 § 6]
Should an emergency arise necessitating a minor to be dispatched upon an errand requiring his or her presence in or upon any public place, either on foot or in any vehicle within the confines of the Township as aforesaid, during the curfew hours herein established, he or she shall have in his or her possession a note signed by the parent, guardian or other person having custody, care or control of such minor, stating the nature of the errand, the necessity therefore, the place to which such child is to go, the time such note was issued and the time required for such errand. The abuse of the provisions of this subsection shall constitute a violation of the provisions of this section, punishable as hereinafter provided.
[Ord. #92-72 § 7]
a. 
It shall be the responsibility of any person within the Township to establish (by sufficient proof) that he or she is not subject to the provisions of subsections 3-25.4 and 3-25.5 above by virtue of having attained the age of eighteen (18) years.
b. 
It shall be a violation of this section for any minor to utter a misrepresentation of his or her age to a Police Officer of the Township of Woodbridge.
[Ord. #92-72 § 8]
a. 
Any Police Officer, upon finding a minor in violation of Subsection 3-25.4 and 3-25.5, shall ascertain the name and address of such minor and warn that minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The Police Officer shall report such action to the Juvenile Aid Bureau of the Police Department, who in turn shall notify the parents, guardian or person having custody or control of such minor.
b. 
If such minor refuses to heed such warning or direction by any Police Officer or refuses to give such Police Officer his correct name and address of if the minor has been warned on a previous occasion that he or she is in violation of the curfew, he or she shall be taken to the Police Department, and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of such minor. If the parent, guardian or other adult person cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
[Ord. #92-72 § 9]
Any minor violating the provisions of this section shall be dealt with in accordance with the Juvenile Court law and procedure. Any parent, guardian or other adult person having the care and custody of a minor violating this section shall, after having been previously notified under Subsection 3-25.9, be fined not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each offense and/or imprisonment for not more than ninety (90) days.
[1]
Editor's Note: § 3-26 was adopted April 18, 2017.
[Ord. No. 2017-39]
No person shall purposely interfere with, hinder, disturb or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb or obstruct any retail or wholesale business owner, employee, agent or personnel acting in the furtherance of the interests of that business with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of the business. This Subsection does not apply to conduct considered lawful competitive economic practices.
[Ord. No. 2017-39]
Any person violating any provisions of this section shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the County jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days or by a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars or by a period of community service not exceeding ninety (90) days, to become effective on the effective date of this section.
[1974 Code § 15-65; Ord. #10-7-75 § 1]
It shall be unlawful for any parent, legal guardian or other person having the care or custody of a minor child under eighteen (18) years of age by any act or work, or the failure to act or by the lack of supervision and control over the minor child within the Township.
[1974 Code § 15-66; Ord. #10-7-75 § 2]
As used in this section:
SUPERVISION
Shall mean the exercise of control over a minor child, knowing his whereabouts, knowing with whom he associates and in what activities he or she may engage in which could affect or offend the public peace, safety and morals.
[1974 Code § 15-67; Ord. #10-7-75 § 3]
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor child under the age of eighteen (18) who shall assist, aid, abet, allow, permit or encourage the minor to violate the provision of any ordinance of the Township as defined herein, either by overt act, by failing to act or by lack of supervision and control over the minor child.
[1974 Code § 15-68; Ord. #10-7-75 § 4]
The fact that a child under the age of eighteen (18) years is apprehended while on any public streets, highways, alleys or parks during the hours of an imposed curfew shall be prima facie evidence of a violation on the part of the parents, legal guardian or other person having custody or care of the minor.
[1974 Code § 15-69; Ord. #10-7-75 § 5]
Any person under the age of eighteen (18) years apprehended for the violation of any laws of the State of New Jersey shall be brought forthwith before a Judge of the Juvenile Division of the Superior Court of New Jersey, Family Part, and, upon the Court's determination that the minor is a delinquent, the parent, legal guardian or other person having care and custody of the minor shall be summoned before a Judge of the Municipal Court of the Township and ordered to provide supervision of the minor. The failure of the parent, legal guardian or other person having custody of the minor child, upon a second offense and a finding of delinquency, shall cause the parent, legal guardian or other person having custody of the minor child, to be subject to the penalties herein provided.
[1974 Code § 15-70; Ord. #10-7-75 § 6]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: For statutes relating to obscene and indecent literature, see N.J.S.A. 2C:34 et seq.
[1974 Code § 16A-1; Ord. #88-76]
As used in this section:
HE
Shall mean any natural person and, where relevant, a corporation or an unincorporated association and its servants, agents or employees.
KNOWINGLY
Shall mean:
a. 
Having knowledge of character and content of the material described herein; or
b. 
Having failed to exercise reasonable inspection which would disclose its character and content.
OBSCENE MATERIAL FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE
Shall mean any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, including, without limitation, illustrated comic books, magazines, publication, videotape or film, which, by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
RETAILER
Shall mean any person, association, partnership, corporation or other entity and its servants, agents and employees, who operate, maintain or manage a store, newsstand, booth, concession or similar business with unimpeded access for persons under eighteen (18) years old and display or offer for sale any periodicals or other publications at retail containing pictures, drawings, photographs, videotape or film.
SPECIFIED ANATOMICAL AREA
Shall mean:
a. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.
b. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Shall mean:
a. 
Human genitals in a state of sexual stimulation or arousal.
b. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse.
c. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
[1974 Code § 16A-2; Ord. #88-76]
A retailer is guilty of a petty disorderly persons offense if he knowingly displays or permits to be displayed at his business premises any obscene material, as defined herein, at a height of less than five (5) feet or without a blinder or other covering placed or printed on the front of the material displayed.
[1974 Code § 16A-3; Ord. #88-76]
Public display of the obscene material, as defined herein, shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[1974 Code § 16A-4; Ord. #88-76]
Any retailer who violates Subsection 3-28.2 commits a petty disorderly persons offense and shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 16A-5; Ord. #88-76]
In the event that this section requires judicial construction or interpretation to avoid unconstitutionality by severing or adding or interpreting words or phrases, the Municipal Council hereby declares its intent and desire that such judicial construction or interpretation be exercised by a court of competent jurisdiction so as to render the chapter constitutional.
[1]
Editor's Note: For similar State statute, see N.J.S.A. 2C:34-3 et seq.
[1974 Code § 15-19]
The Township Council hereby finds and declares that:
a. 
There is a great increase in the number and variety of illustrated "comic" books, magazines and other publications of the type prohibited by this article being offered for sale in the Township;
b. 
Many of such "comic" books, magazines and publications are designed and formed so as to resemble closely other publications devoted in substance to matters of humor and published primarily for sale to children, in many instances being placed for sale side by side with the humorous publications;
c. 
Certain of the "comic" books, magazines and publications specified in this section deal in substantial part with subject matter of an obscene nature tending to deprave the morals of those into whose hands the publication might fall by suggesting lewd thoughts and exciting sensual desires; and
d. 
Certain of the "comic" books, magazines and publications specified in this section deal in substantial part with accounts of crime tending to incite children below the age of eighteen (18) years, being of susceptible and impressionable character, to commit crimes similar to or identical with those prohibited by this section.
[1974 Code § 15-21]
It is the intent of this section to include publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.
[1974 Code § 15-22]
a. 
This section shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts.
b. 
This section shall not be construed to apply to legitimate, illustrated or historical accounts of crime or crimes.
[1974 Code § 15-23]
If any publication prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market, or other mercantile establishment, where the prohibited publication may be seen by any child under the age of eighteen (18) years visiting such establishment, such display shall be prima facie evidence that the person in charge of the establishment was then exhibiting the crime "comic" book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of eighteen (18) years in violation of this section, provided, however, that it shall be competent for the defendant in any such case to show that no such intention existed.
[1]
Editor's Note: See N.J.S.A. 2C:34-3.2.
[1974 Code § 15-24]
It shall be unlawful for any person or employees engaged in the business of distributing goods, wares, publications or other articles of any kind whatsoever to retail dealers, to refuse to furnish to any retail dealer such quantity of goods, wares, publications or other articles sought to be purchased by the retail dealer, because the retail dealer refuses to purchase or accept delivery of lewd, lascivious or obscene publications or material.
[1]
Editor's Note: Former § 3-30, Disorderly Conduct was repealed in its entirety by Ord. No. 2015-31.
[Ord. #92-92 Preamble]
The Municipal Council has been made aware through the Police Department of various incidents throughout the Township whereby people have urinated, defecated and/or expectorated on property throughout the Township causing a public nuisance to other Township residents who congregate or pass by the defaced property. The Municipal Council has also been informed by the Department of Health that urinating in public, as well as defecating in public and expectorating in public can and does cause the spread of contagious bacteria and diseases and, further, that any body fluids and/or solids have the same potential for the spread of disease.
[Ord. #92-92 § 1]
No person shall cause oneself, or any other person, to voluntarily emit human body fluids and/or solids onto any property located throughout the Township which can potentially expose the public to any risk of contamination with the discharged body solids and/or fluids. It is expressly noted that included with the proscription is the proscription against urination in public, defecation in public as well as expectoration in public.
[Ord. #92-92 § 2]
Any person who violates the provisions of this section shall be subject to a fine or not more than one thousand ($1,000.00) dollars and/or ninety (90) days in jail.
[1]
Editor's Note: In Ordinance No. 94-29, Subsection a restates the statutory penalty contained in § 1-5.
[Ord. #94-29 Preamble]
It is the policy of the Township of Woodbridge to penalize illegal acts motivated by prejudice on grounds of race, religion, color, disability, sexual orientation, national origin or ancestry to the fullest extent allowed by law.
[Ord. #94-29]
Notwithstanding § 1-5, Penalty in Chapter 1, any person who intentionally selects the person against whom the offense under this chapter is committed or selects the property that is damaged or otherwise affected by the offense in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or perception was correct, shall be subject to an additional fine not to exceed one thousand ($1,000.00) dollars. This section does not apply to any offense if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction of that offense.
[Ord. #95-08 §§ Preamble, 1]
a. 
Finding. The use of cigarette rolling papers by minors is generally recognized as being for the purposes of creating cigarettes for the smoking of same; and,
The existing Township ordinances recognize that such rolling papers may be legitimately sold or distributed for the purposes of rolling tobacco cigarettes.
The sale of cigarettes to minors is an unlawful act; and
As a result, there is no legitimate lawful purpose for the sale of cigarette rolling papers to minors.
b. 
It shall be unlawful for any person to distribute or dispense or possess with intent to distribute or dispense cigarette rolling papers to minors as defined by law.
[Ord. #96-23 § 1]
LICENSED PREMISES
Shall mean any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, and/or mixed spirits for consumption on the premises.
PERSON
Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use, and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.
TOWNSHIP HEALTH OFFICER
Shall mean the Administrative Officer of the Township of Woodbridge Department of Health and Human Services, and/or his or her authorized representative.
VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokens or any other form of payments dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
[Ord. #96-23 § 1]
It shall be unlawful for anyone, including a tobacco retailer, to sell, give or permit to be sold or given to a person under eighteen (18) years of age, tobacco in any form.
[Ord. #96-23 § 1]
It shall be unlawful for a tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of eighteen (18) years, unless the seller has a reasonable basis for determining that the buyer is of legal age (18 or over).
[Ord. #96-23 § 1]
It shall be unlawful for any tobacco retailer to allow, suffer or permit the sale of tobacco products on his or her premises by any person under the age of eighteen (18) years.
[Ord. #96-23 § 1]
It shall be unlawful for a tobacco retailer to offer for sale or to sell any tobacco product through a vending machine in this Township, except in the following instances:
a. 
In any premises or portion thereof to which access by minors is expressly prohibited by law, or by the expressed policy of the owner of the premises, provided however, that the tobacco vending machine is:
1. 
Located fully within such premises or section of premises, from which minors are prohibited;
2. 
Inaccessible to the public when the business is closed; and,
3. 
In compliance with all other subsections of this section.
b. 
Any premises such as a factory, business, office, industrial plant or other place where the public is generally not given access and where such machines are intended for the use of employees eighteen (18) years of age or older or other adults provided, however, that the tobacco vending machine in each premises is:
1. 
Located fully within such premises and not located in a coat room, rest room, waiting area or similar unmonitored area;
2. 
Inaccessible to the public when the business is closed; and,
3. 
In compliance with all other subsections of this section.
c. 
In any premises or portion thereof where the principal use is for the retail sale of alcoholic beverages pursuant to the "New Jersey Alcoholic Beverage Control Act," N.J.S.A. 33:1-1 et seq., where access by persons under eighteen (18) years of age is prohibited by law, provided that the tobacco vending machine is:
1. 
Located fully within such premises or section of premises from which minors are prohibited;
2. 
Inaccessible to the public when the business is closed; and,
3. 
In compliance with all other subsections of this section.
d. 
Any other establishment where:
1. 
The owner or lessee of the machine provides, in writing, to the Township Health Department, for each individual cigarette vending machine, the names and business addresses of a person or persons who shall serve as attendant and deputy attendant for that machine. More than one (1) attendant and/or deputy attendant may be appointed in reference to a single cigarette vending machine, provided that the owner or lessee states the time periods when each of two (2) or more attendants and/or deputy attendants for a single cigarette vending machine shall be the attendant or deputy attendant on duty and thus responsible for compliance with this section; or
2. 
The tobacco retailer, owner or lessee of the machine shall install a mechanical or similar control device without which said machine shall not be operable, which control device shall remain under the supervision and control of an attendant or deputy attendant, and which may be provided only to individuals at least eighteen (18) years of age for use in accordance with the intent of this section. The attendant or deputy attendant shall be responsible for custody and usage of such mechanical control device and for its use in accordance with the provisions of this section.
[Ord. #96-23 § 1]
The attendant and, in his/her stead, the deputy attendant shall be responsible for the penalties and fees which may, upon conviction, be imposed for violations of this section. Nothing in this section shall prohibit the employer of an attendant from paying penalties imposed under this section, but payment by the employer shall not be required.
[Ord. #96-23 § 1]
The attendant and, in his/her stead, the deputy attendant, shall:
a. 
Be at least eighteen (18) years of age or more; and,
b. 
Be responsible for placing and maintaining the cigarette vending machine in accordance with the provisions of this section; and,
c. 
Have a clear unobstructed line of sight between his/her normal place of transacting business and the location of the cigarette vending machine, unless a mechanical control device is in use in accordance with Subsection 3-33.6d2 above.
d. 
Be responsible to make those cigarette vending machines for which he/she is responsible inoperable during any time when the public has access to said machines but for any reason the attendant or deputy attendants are not available to attend the machines; and,
e. 
Be an employee or agent of the firm, corporation, partnership or entity having possessory interest, including but not limited to leaseholds, in the establishment where the cigarette vending machine is located; and,
f. 
Be deemed in violation of this section if he/she permits a person who is under the age of eighteen (18) years to purchase a product from a cigarette vending machine.
[Ord. #96-23 § 1]
All cigarette vending machines located in any establishment permitted by this section shall be posted within a sign which indicates that the use of the machine by persons under the age of eighteen (18) years is unlawful.
[Ord. #96-23 § 1]
All cigarette vending machines located in any establishment permitted by this section shall be placed in an area that is within the plain view of the attendant and, in his/her stead, the deputy attendant, such that the attendant and/or deputy attendant may be able to observe all persons using the cigarette vending machine, unless a mechanical control device is in use in accordance with Subsection 3-33.6d2 above.
[Ord. #96-23 § 1]
Except on premises as described in Subsection 3-33.6b of this section, it shall be unlawful for a tobacco retailer to operate a tobacco vending machine in any premises or portion thereof located within two hundred (200) feet of any public or private school or other property used primarily for school activities unless it is equipped with a locking device.
[Ord. #96-23 § 1]
a. 
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine of one thousand ($1,000.00) dollars and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. 
The Township Health Officer or his/her designee, or any other person charged with enforcement of this section, after giving proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement thereof.
c. 
It shall be unlawful for any person to oppose or otherwise obstruct a Township Health Officer or his/her designee in the performance of duties hereunder, and they may request the assistance of a law enforcement agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
[Ord. #96-23 § 1]
A tobacco vending machine which is not permitted under this section, may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure. As an alternative, or in addition to the provisions of this subsection, any tobacco retailer, for each unauthorized tobacco vending machine remaining at any prescribed location after the effective date of this section, may be fined one thousand ($1,000.00) dollars for each day placement of the vending machine is in violation of this section.
[Ord. #08-28]
MUNICIPAL GROUNDS
Shall mean any property or portion thereof, owned or leased by the Township of Woodbridge which are routinely accessed by the general public, including but not limited to parks, recreation facilities, the Health Center and the Municipal Complex, and is intended to include the land on which any building is located, including, but not limited to the surrounding surface parking lot, and parking deck, walkways, paths and lands appurtenant thereto.
SMOKING
Shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked.
[Ord. #08-28]
Smoking is prohibited on the Municipal Grounds at all times.
[Ord. #08-28]
The prohibition from smoking on Municipal Grounds contained in § 3-34.2 shall not be in any way interpreted to modify or limit the ban on smoking within the municipal building, in accordance with N.J.S.A. 26:3D-58a.
[Ord. #08-28]
Any person who violates this provision shall pay a fine of one hundred ($100.00) dollars for the first offense and two hundred fifty ($250.00) dollars for the second and each subsequent offense.
[Ord. #08-28]
This section shall become effective July 1, 2008.
[Ord. #95-61]
Pursuant to N.J.S.A. 40:48-2, the Township in furtherance of its powers to affect activities impacting upon the public health and welfare of its citizens has determined that the use of industrial crushing machines and other machines used to crush cement, asphalt and the like in a residential zone or in close proximity to a residential zone has created a nuisance and has caused a detriment to the public health and welfare of the citizens of the Township of Woodbridge; and the Township wishes to regulate the use of the industrial machinery in residential zones.
[Ord. #95-61]
The use of industrial crushing machines or other industrial equipment used for the crushing of cement, asphalt and the like in a residential zone and/or within one thousand (1,000) feet of a residential zone shall be prohibited.
[Ord. #95-61]
RESIDENTIAL ZONE
Shall mean all residential zones as defined by the Land Use and Development Ordinance of the Township of Woodbridge, New Jersey.
[Ord. #95-61; New]
Any person, firm, corporation or association violating this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. #01-24 § 1]
The Rules and Regulations governing the use of County Parks promulgated by the Board of Chosen Freeholders of the County of Middlesex in resolution #99-1441 and appended and incorporated by reference to this section are hereby adopted as the Rules and Regulations Governing the Use of County Parks within the Township of Woodbridge to be enforced by the Woodbridge Township Police Department and in the Woodbridge Township Municipal Court.
[Ord. #01-24 § 2]
The Schedule of Fines for violation of said Rules and Regulations adopted by the Board of Chosen Freeholders of the County of Middlesex in Resolution #01-234 and appended and incorporated by reference to this section is hereby adopted as the Schedule of Fines for violations of the Rules and Regulations Governing the Use of County Parks within the Township of Woodbridge to be enforced by the Woodbridge Township Police Department and in the Woodbridge Township Municipal Court.
[1]
Editor's Note: Former § 3-42, Demonstrations, previously codified herein and containing portions of Ordinance No. 04-73, was repealed in its entirety by Ordinance No. 05-21.
[Ord. #05-67]
The performance of any repair work or installation of parts upon vehicles on public streets in the Township of Woodbridge is hereby prohibited. However, ordinary washing, fixing of a flat tire or emergency repairs are expressly exempted from the aforesaid prohibition. "Emergency" shall constitute a breakdown in operation of an automobile while en route and shall include, but not be limited to, mechanical first aid requiring not more than thirty (30) minutes' work, vehicles in tow, snowbound vehicles, fixing of flat tires, delivery of gasoline, battery service and lockouts. The performance of any repair work on a roadway or highway within the Township allowed by this section shall not conflict with N.J.S.A. 39:4-136.
a. 
Enforcement of Subsection. It shall be the duty of the Police Department and Bureau of Housing to enforce this subsection.
b. 
Violations of Penalties. Any person who violates any provision of this subsection shall, upon conviction thereof pay a fine not less than one hundred ($100.00) dollars nor more than two hundred ($200.00) dollars.
[Ord. #07-73]
In accordance with N.J.S.A. 26:3D-63 and N.J.S.A. 40:48-2, the use of any tobacco containing product, including, but not limited to, cigarettes, cigars, pipes and chewing tobacco, is banned on the grounds of the Woodbridge Community Center located at 600 Main Street in Woodbridge, New Jersey.
[Ord. No. 07-73]
Any person who violates any provision of this section shall be, upon conviction thereof, punished by a fine in an amount not to exceed seventy-five ($75.00) dollars.
[Ord. #08-48 Preamble]
By P.L. 2007, Chapter 348 (the "Act"), the Legislature of the State of New Jersey has determined that the installation of a traffic control signal monitoring system by municipalities complementing local law enforcement could serve as an effective tool in encouraging drivers to observe and obey traffic control devices at intersections, thereby increasing traffic flow and pedestrian safety.
The Township of Woodbridge is desirous of installing traffic control signal monitoring systems at various intersections within the Township of Woodbridge.
The Township has determined that adoption of this section is in the best interest of the health, safety and welfare of the Township and its residents.
[Ord. #08-48 § 1]
a. 
The Township of Woodbridge hereby determines to install and utilize a traffic control signal monitoring system ("System" at various intersections within the Township of Woodbridge as approved by the Commissioner of the Department of Transportation pursuant to the Act.
b. 
The System to be installed shall be approved by the Municipal Council by resolution.
c. 
The Township shall have the authority to enter into a contract, following a lawful procurement process, for the installation of the System. Any contract that shall contain provisions contrary to the Act shall not be deemed invalid, but rather reformed to conform to the Act.
d. 
The signs notifying drivers that a System is being utilized shall be approved by the Municipal Engineer and shall be placed on each street converging into the affected intersection as required by the Act.
e. 
The Municipal Engineer shall inspect and certify the System at least once every six (6) months from the date of its installation.
[Ord. #08-48 § 2]
The Police Department of the Township of Woodbridge shall review the recorded images produced by the System to determine whether sufficient evidence exists demonstrating that a traffic control signal violation has occurred and shall issue a summons when appropriate in accordance with the rules of the Court.
[Ord. #08-48 § 3]
a. 
Except as otherwise provided in this section, the recorded images produced by the System shall be available for the exclusive use of the Police Department for the purpose of discharging his or her duties under P.L. 2007, Ch. 384.
b. 
Any recorded image or information produced in connection with the System shall not be deemed a public record under, N.J.S.A. 47:lA-a et seq. or common law. The recorded images shall not be: (i) discoverable as a public record by any person, entity or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, or (ii) offered as evidence in any civil or administrative proceeding not directly related to a traffic control signal violation.
c. 
Any recorded image or information collected in connection with a traffic control signal violation shall not be retained after sixty (60) days following the collection of any fine or penalty.
d. 
If a summons is not issued within forty (40) business days following the traffic control signal violation, all recorded images and any information collected with respect to the traffic control signal violation shall be removed by the Police Department within two (2) business days.
e. 
The Township of Woodbridge shall certify compliance of this section by filing a report with the Commissioner of the Department of Transportation in accordance with the Act.
[Ord. #08-48 § 4]
The liability of the owner and operator of a motor vehicle for a traffic control signal violation summons pursuant to the System shall be joint subject to provisions of the Act.
[Ord. #08-48 § 5]
Any person liable for a traffic control signal violation pursuant to this section and the Act, shall be subject to the following fines:
Violation
$85.00
Late Fee
$10.00
[Ord. # 14-03]
BOARD-UP
Shall mean the placing of wood, or other construction materials upon a structure damaged in an emergency in a manner designed to secure the structure and prevent invasion by people, pests, vermin and the elements.
EMERGENCY
Shall mean any accident, incident, or occurrence, including but not limited to flood, hurricane, storm, earthquake, fire, explosion, wind, disaster, motor vehicle accident, mishap or Act of God that causes damage to a residential unit(s) or results in the involvement of any local, State or Federal, Fire, Police, EMS, or other emergency response unit, in addressing the situation.
EMERGENCY DAMAGE CONTRACTOR
Shall mean any individual, partnership, corporation or entity that offers to perform board-up services, repairs, restoration, protective measures and/or services of any nature to the residents or owner of a dwelling place which has sustained damage as the result of an emergency during the emergent period.
EMERGENT PERIOD
Shall mean the time period commencing with the occurrence of the emergency and ending with the conclusion of the involvement of all Fire, Police, EMS or other emergency response unit(s), and persons providing board-up services.
STRUCTURE
Shall mean any single-family residence, or multifamily residence of less than five (5) dwelling units.
TOWNSHIP
Shall mean the Township of Woodbridge.
VICTIM
Shall mean the resident, tenant, or owner of a structure damaged during an emergency.
[Ord. # 14-03]
In the event a board-up needs to be performed upon a structure, as the result of an emergency, the Board-up shall be performed by the Township, or the designee of the Emergency Management Coordinator, if the Township is unable to perform the Board-up in a reasonable time or manner to secure the structure.
[Ord. # 14-03]
The Township's sole source of reimbursement for board-ups performed shall be the amount paid by the victim's homeowner's insurance. The Township shall include time, materials and an administration fee as part of its reimbursement claim.
[Ord. # 14-03]
No emergency damage contractor shall have any contact with the victim during the emergent period.
[Ord. # 14-35]
No person shall, except as specifically permitted in Subsection 3-47.2, be permitted to discharge a long bow, recurve bow, compound bow, crossbow, slingshot or other device which impels a projectile through the use of force, on any property owned, or leased by the Township for any purpose including the hunting of any animal.
[Ord. # 14-35]
The discharge of any long bow, recurve bow, compound bow, crossbow, slingshot or other device prohibited pursuant to Subsection 3-47.1, shall be permitted if prior Police authority is granted by the Township Police Director or his designee, and in accordance with such rules and regulations as the Police Director may promulgate from time to time; to facilitate a deer management program, and such sporting activities as may be deemed appropriate.
[Ord. # 14-35]
Any person who violates the provisions of this section shall be subjected to a fine of not more than two thousand ($2,000.00) dollars, and/or community service of not less than fifty (50) hours and/or a period of incarceration of ninety (90) days.
[Ord. #14-53]
When an individual is arrested within this jurisdiction for operating a motor vehicle while under the influence of alcohol or drugs pursuant to N.J.S.A. 39:4-50, and where the arrestee is unable to summon an individual to transport or accompany the arrestee from the premises of a law enforcement agency pursuant to N.J.S.A. 39:4-50.22, the arresting officer or other designated police officer shall:
a. 
Make arrangements for the arrestee to be held in protective custody at an appropriate Police or other appropriate facility as defined further herein until such time that the arrestee is no longer a danger to himself or others as defined in Subsection b of this section.
b. 
The officer or other individual holding the arrestee shall release the arrestee from protective custody when he is no longer a danger to himself or others, which is defined as when the arrestee's blood alcohol level is less than .08% and that person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired.
c. 
The period of protective custody shall not exceed eight (8) hours without providing the arrestee an appropriate hearing before the Municipal Court to determine if a protective custody period longer than eight (8) hours is required in order to prevent the arrestee from being a danger to himself or others as defined in Subsection b of this section.
d. 
For the purposes of this section, an appropriate facility shall include a Police Station, the Middlesex County Jail or if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time that the arrestee is no longer a danger to himself or others as defined in Subsection b of this section.
[Ord. #2015-72]
a. 
Purpose. A section to prohibit and penalize any parent or other person enrolling a student in the Woodbridge Township School District, claiming that his or her child is a resident of Woodbridge Township, seeking free of charge education when such student is ineligible for free of charge education.
b. 
Prohibited Conduct. It shall be unlawful for any person who is eighteen (18) years old and older, to:
1. 
Knowingly register or enroll a student in the Woodbridge Township School District, seeking free of charge education or maintain the enrollment of a student receiving free of charge education when the student is ineligible for free of charge education pursuant to N.J.S.A. Title 18A; or
2. 
Knowingly assist, aid or permit a student to register or enroll in the Woodbridge Township School District seeking free of charge education when the student is ineligible to attend free of charge pursuant to N.J.S.A. Title 18A; or
3. 
Knowingly permit his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of any student seeking free of charge education in the Woodbridge Township School District when the student is ineligible to attend free of charge pursuant to N.J.S.A. Title 18A; or
4. 
Does not notify or inform the Woodbridge Township School District when a student is no longer a resident in the household of that person who had previously knowingly permitted his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of the student in the Woodbridge Township School District.
c. 
Requirements. Upon the request of the Woodbridge Township School District, the parent or guardian of a student registered in the Woodbridge Township School District shall be required to complete documentation intended to determine the student's eligibility to attend school in the Woodbridge Township School District free of charge in accordance with N.J.S.A. Title 18A. All residents hosting other families, with a student enrolled in the Woodbridge Township School District in their residence, must register with the Woodbridge Township School District and must notify the Woodbridge Township School District when such other families no longer reside with the resident.
d. 
Enforcement.
1. 
Paragraphs a, b and c may be enforced by the administrative officials of the Woodbridge Township School District in their sole discretion.
2. 
The section shall also apply to a parent or guardian who improperly claims his or her child is a resident of the Township of Woodbridge, when the child is not such a resident, and sends his or her child to the Woodbridge Township School District. As such, all provisions of this section will apply to such improper conduct, including, but not limited to, the penalty provisions of this section.
e. 
Penalty. Any person violating the provisions of paragraphs a, b and c shall, upon conviction thereof, be sentenced to pay a fine of up to two thousand ($2,000.00) dollars and to the maximum lawful extent make restitution to the Woodbridge Township Board of Education. In determining the amount of restitution, the Municipal Court of the Township of Woodbridge, Middlesex County shall include amounts incurred by the Woodbridge Township Board of Education, including but not limited to tuition costs, investigation expenses and attorneys' fees.
f. 
Restitution. Restitution ordered by the Municipal Court of the Township of Woodbridge, Middlesex County, shall be paid to the Woodbridge Township Board of Education within thirty (30) days of such an order being final and not subject to further appeal. Unpaid restitution and fines may, upon the petition of the Woodbridge Township Board of Education to the Municipal Court of the Township of Woodbridge, be converted into liens against the properties of the offending parties.