See Ch. XIX, § 19-2 for habitat protection within Woodbridge Waterfront Park.
[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:
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.
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.
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:
Which advertises any merchandise, product, commodity or thing
for sale;
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;
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,
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.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean and include both commercial handbills and noncommercial
handbills as such terms are defined in this section.
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.
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.
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.
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.
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.
Shall mean and include all streets, sidewalks, boulevards,
alleys or other public ways and all public parks, squares, spaces,
grounds and buildings.
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.
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.
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.
[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]
[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]
Shall mean a person who is qualified as a guardian of an
underage person pursuant to testamentary or court appointment.
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:
Shall mean:
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:
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.
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
dangerous substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency.
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.
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.
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.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled dangerous
substances.
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
dangerous substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled dangerous substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled dangerous
substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
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:
Statements by an owner or by anyone in control of the object
concerning its use.
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.
The proximity of the object, in time and space, to a direct
violation of this act.
The proximity of the object to controlled dangerous substances.
The existence of any residue of controlled dangerous substances
on the object.
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."
Instructions, oral or written, provided with the object concerning
its use.
Descriptive materials accompanying the object which explain
or depict its use.
National and local advertising concerning its use.
The manner in which the object is displayed for sale.
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.
Direct or circumstantial evidence of the ratio of sales of the
objects to the total sales of the business enterprise.
The existence and scope of legitimate uses for the object in
the community.
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]
[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:
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:
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.
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.
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.
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.
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.
[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; amended 7-11-2023 by Ord. No. 2023-51]
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.
In addition to the requirements set forth elsewhere within Section 3-8, the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive, namely:
1.
Radios, televisions, musical instruments, phonographs, cassette and
disk players and the like:
(a)
Using, operating or permitting or suffering the use or operation
of any radio, television, musical instrument, phonograph, cassette
or disk-like musical instrument or any other machine or device, including
but not limited to portable music-playing devices, whether emanating
from a residential structure, commercial structure, automobile, or
an outdoor area, including structures with open doors or windows,
in such a manner as to disturb the peace, quiet, tranquility and comfort
of the neighboring inhabitants at any time at a volume louder than
necessary for the convenient hearing of the person or persons who
are in the room, vehicle, chamber or vicinity in which such machine
or device is operated and those other voluntary listeners thereto
is an act prohibited under the terms of this section. The standard
to be employed in determining whether conduct of the aforesaid nature
violates the provisions of this chapter shall be determined by whether
the said conduct is unreasonable or unnecessary under the then-existing
circumstances and whether the noises resulting are therefore injurious
to the public peace, health and comfort of reasonable people in the
vicinity to an unreasonable extent and which also exceeds the need
of the listener.
(b)
Operation of any of the devices as set forth above between the
hours of 10:00 p.m. and 7:00 a.m. on Sundays through Thursdays, or
between the hours of 11:00 p.m. and 7:00 a.m. on Fridays and Saturdays,
in such a manner and at such a volume as to be plainly audible from
any residential property, shall be prima facie evidence of a violation
of the provisions of this section. Where a Federal or State holiday
falls on a Monday, the applicable hours for the Sunday preceding the
holiday shall be 11:00 p.m. through 7:00 a.m. on the following Monday.
2.
Pyrotechnics, fireworks, and other explosive devices: Between the
hours of 10:00 p.m. and 7:00 a.m., the use of any pyrotechnics, fireworks
or other explosive devices shall be prohibited where the noise created
is plainly audible from any residential property. This section shall
not apply to any fireworks display sponsored by the Township of Woodbridge.
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:
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.
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:
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.
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.
Shall mean the measured sound level expressed in dB when
using the "A" weighted network of a sound level meter.
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."
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.
Shall mean the Director of the Department of Health and Welfare
or anyone acting on his behalf.
Shall mean the number of oscillations per second, expressed
in hertz (abbreviation Hz).
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) for a duration less than one (1) second.
Shall mean the maximum instantaneous sound pressure level
measured by an impulse sound level meter meeting IEC—Publication
179 or the latest revision therefor.
Shall mean any facility or property used for the following:
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.
Property used for the production and fabrication of durable
and nondurable man-made goods.
Activities carried out on the property.
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)].
Shall mean any individual, public or private corporation,
political subdivision, governmental agency, department or bureau of
the State, municipality, industry, copartnership or association.
Shall mean all roads in use by any common carrier operating
a railroad, whether owned or operated under a contract, agreement
or lease.
Shall mean property used for human habitation, including
but not limited to the following:
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.
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.
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.
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;
amended 7-11-2023 by Ord. No. 2023-51]
Any person who violates any provision of this section, and any person or entity who owns or is in control of the real property where a violation of this section takes place 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:
[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.
Editor's Note: Former § 3-10, Headphones and Earphones,
previously codified herein and containing portions of 1974 Code §§ 11B-1
- 11B-2 and Ordinance Nos. 82-41; 82-49; 83-53, was repealed
in its entirety by Ordinance No. 2022-12.
[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).
[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:
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.
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:
[Ord. #04-05]
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:
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.
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.
Shall mean:
[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]
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:
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.
Shall mean the Director of the Department of Public Works
and Parks and his duly authorized agent or representative.
Shall mean and include any cart.
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:
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.
Editor's Note: Editor's Note: Former § 3-17.3, Riding or
Driving on Sidewalks Prohibited; Exceptions, previously codified herein
and containing portions of 1974 Code § 22-62, was repealed in
its entirety by Ordinance No. 2022-12.
[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]
[Ord. #13-25]
As used in this section:
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;
Shall mean the use of a sled, the conditions under which
one may use a sled.
Shall mean an inflatable usually ring-shaped rubber tube
designed for use inside a pneumatic tire;
Shall mean the sport or activity of riding an inner tube
(as down a river or snowy slope);
Shall mean the art or sport of sliding and jumping on skis;
Shall mean the art or sport of using a 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]
[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]
[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:
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:
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.
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.
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]
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]
[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:
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.
Shall be used interchangeably and shall mean any individual
who is sixteen (16) or less years of age.
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.
Shall mean and include natural or adoptive parents.
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.
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:
Shall mean any person over the age of eighteen (18) who is
in loco parentis to a juvenile.
Shall mean any other than a parent who has legal guardianship
of a minor.
Shall mean any person under the age of eighteen (18).
Shall mean the natural or adoptive parent of a minor.
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.
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]
[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.
[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:
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]
[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:
Shall mean any natural person and, where relevant, a corporation
or an unincorporated association and its servants, agents or employees.
Shall mean:
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.
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.
Shall mean:
Shall mean:
[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]
[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.
[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; amended 2-7-2023 by Ord. No. 2023-04]
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.
[Ord. #96-23 § 1]
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.
Shall mean, for purposes of this Section 3-33, a person under the age of twenty-one (21) years of age.
[Added 2-7-2023 by Ord. No. 2023-04]
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
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.
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.
Shall mean the Administrative Officer of the Township of
Woodbridge Department of Health and Human Services, and/or his or
her authorized representative.
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.
Shall mean the room, enclosure, space or area where a tobacco
vending machine is installed and operated.
[Repealed 2-7-2023 by Ord. No. 2023-04; Prior history includes
Ord. #96-23 § 1. Prohibition of Tobacco Sales to Minors
is preempted by State law, N.J.S.A. 2C:33-13.1 and N.J.S.A. 2A:170-51.4.]
[Ord. #96-23 § 1; amended 2-7-2023 by Ord. No. 2023-04]
It shall be unlawful for a tobacco retailer to sell or permit
tobacco products to be sold to any minor, unless the seller has a
reasonable basis for determining that the buyer is of legal age (21
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:
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:
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 twenty-one (21) years of age is prohibited by law,
provided that the tobacco vending machine is:
[Amended 2-7-2023 by Ord. No. 2023-04]
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 twenty-one (21) 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.
[Amended 2-7-2023 by Ord. No. 2023-04]
[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 twenty-one (21) years to purchase a product
from a cigarette vending machine.
[Amended 2-7-2023 by Ord. No. 2023-04]
[Ord. #96-23 § 1; amended 2-7-2023 by Ord. No. 2023-04]
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 twenty-one
(21) 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]
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.
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.
[Added 6-22-2021 by Ord.
No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
It shall be unlawful for any person who is of legal age to consume,
other than by smoking, vaping, or aerosolizing, a cannabis item available
for lawful consumption pursuant to the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," P.L.,
in any public place as defined in section 3 of the Act, other than
school property described in section 1 of P.L. 1981, c. 197 (C. 2C:33-16)
for which unlawful consumption is a disorderly persons offense, or
when not prohibited by the owner or person responsible for the operation
of that public place. A person may be subject to a civil penalty of
up to $200, which shall be recovered in a civil action by a summary
proceeding in the name of the Township of Woodbridge pursuant to the
"Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10
et seq.). The municipal court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section.
[Added 6-22-2021 by Ord.
No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
a cannabis item, other than by smoking, vaping, or aerosolizing, on
private property. A violation involving cannabis activity in the case
of an adult under the legal age to purchase cannabis items, shall
be punished as follows:
a.
If the
cannabis item possessed is an amount which may be lawfully possessed
by a person of the legal age to purchase cannabis items pursuant to
section 1 of the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act,": for a first offense, a civil
penalty of $100; for a second offense, a civil penalty of $200; and
for a third or subsequent offense, a fine of $350. The civil penalties
provided for in this subparagraph shall be collected pursuant to the
"Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10
et seq.), in a summary proceeding before the Municipal Court. A penalty
recovered under the provisions of this subparagraph shall be recovered
by and in the name of the Township of Woodbridge.
b.
If the
cannabis item possessed is an amount that exceeds what may be lawfully
possessed by a person of the legal age to purchase cannabis items
pursuant to section 1 of the "New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act," or if any cannabis
item is consumed: for a first offense, a fine of $250; and for a second
or subsequent offense, a fine of $350.
|
Upon conviction of any underaged person, the Municipal Court
may, in addition to the fine authorized for this offense, suspend
or postpone for six (6) months the driving privilege of the defendant.
|
|
This section does not prohibit possession of cannabis items
by any underaged person while actually engaged in the performance
of employment by a cannabis establishment, distributor, or delivery
service as permitted pursuant to the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act."
|
[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]
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]
[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]
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.
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.
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.
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.
Shall mean any single-family residence, or multifamily residence
of less than five (5) dwelling units.
Shall mean the Township of Woodbridge.
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.
[Added 7-6-2020 by Ord. No. 20-49]
As defined in this section:
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.
Mufflers installed, repaired, or modified on motor vehicles
manufactured after July 1, 1935 shall meet the requirements of N.J.A.C.
13:20-33.20 and New Jersey Motor Vehicle Statutes N.J.S.A. 39:3-70.
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 muffler installed, repaired, or modified in violation of this section.
[Added 6-13-2023 by Ord.
No. 2023-43]
The purpose of this section is to regulate the feeding of wildlife
in any public park or on any other property owned or operated by the
Township Woodbridge in order to protect the public health, safety
and welfare of said wildlife, as well as the residents of the Township
of Woodbridge.
[Added 6-13-2023 by Ord.
No. 2023-43]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Added 6-13-2023 by Ord.
No. 2023-43]
a.
No person shall feed, in any public park or on any other property
owned or operated by the Township of Woodbridge, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers, or feral cats as part of an approved Trap-Neuter-Release
program).
[Added 6-13-2023 by Ord.
No. 2023-43]
