Township of Union, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Ord. No. 11-5-64 § 2; Ord. No. 89-14 § 1]
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
[Ord. No. 84-7 § 1; Ord. No. 89-14 § 1, 2]
For the purpose of this section:
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle provided by the owner or occupier of private premises.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can; any unlighted cigarette, cigar, match or any flaming or glowing material; any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste; newspaper or magazines; glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PARK
Shall mean a park, reservation, playground, recreation center or other public area of the Township or other public entity devoted to active or passive recreation by the public.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Shall mean any and all streets, roads, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VEHICLE
Shall mean every device in and 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.
[Ord. No. 89-14 § 2]
Litter receptacles and their servicing are required at the following public places which exist in the Township: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear 1/4 mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
[Ord. No. 84-8 § 2]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Township except in public receptacles or authorized private receptacles for collection.
[Ord. No. 11-4-64 § 3; Ord. No. 84-8 § 3]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, road, alley or other public place or upon private property.
[Ord. No. 11-4-64 § 4; Ord. No. 84-8 § 4]
No person shall sweep into or deposit in any gutter, street or public place within the Township the accumulation of litter from any building or lawn or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep any sidewalk in front of their premises free of litter.
[Ord. No. 84-8 § 5]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
[Ord. No. 11-5-64 § 5]
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township or upon private property.
[Ord. No. 84-8 § 6]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. No. 11-5-64 § 6; Ord. No. 84-8 § 7]
No person shall throw or deposit litter on any occupied private property within the Township whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon any private property.
[Ord. No. 84-8 § 8]
The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Ord. No. 84-8 § 9]
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by that person or not.
[Ord. No. 89-14 § 3]
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. No. 89-14 § 4]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. No. 89-14 § 5]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. No. 89-14 § 8]
If shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. 89-14 § 9]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. No. 89-14 § 10]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Ord. No. 11-5-64 § 7; Ord. No. 84-8 § 11; Ord. No. 89-14 § 11; New]
Any person who violates or who fails or refuses to comply with any provision of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
[Ord. No. 89-14 § 6; Ord. No. 2017-2]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots residential lawns, driveways, parking areas, grounds or other public or private property, except in a lawfully permitted, fully enclosed structure, any motor vehicle, trailer or semi-trailer which is:
a. 
Missing tires, wheels, engine, or any essential parts, or
b. 
Which displays extensive body damage or deterioration; or
c. 
Which does not display a current, valid State license plate, tag or current inspection sticker; or
d. 
Which is wrecked, disassembled or partially disassembled.
[Ord. No. 6-2-71 § 1; Ord. No. 2017-2]
As used in this section:
INOPERABLE
Shall mean incapable of being legally driven or moved under its own power on the public highways of the State of New Jersey.
MOTOR VEHICLE
Shall mean every device in, upon, or by which a person or property might, if such device were in operable condition, be transported upon a highway, excepting devices moved by human power.
OPERABLE
Shall mean capable of being legally driven or moved upon the public highways of the State of New Jersey.
UNLICENSED OR UNREGISTERED
Shall mean not currently licensed or registered by the proper licensing authority to be driven or moved on the public highways, or not bearing current registration plates or tags or a current inspection sticker.
[Ord. No. 2017-2]
No person shall leave any inoperable or unlicensed or unregistered motor vehicle, or any part thereof, on any public road or other public lands or premises except in case of emergency, and then for a period of no more than 24 hours.
[Ord. No. 2017-2]
a. 
No person shall leave or maintain an inoperable or unlicensed or unregistered motor vehicle, or any part thereof, on any private lands or premises for more than 15 days, whether or not consecutive.
b. 
No owner or occupier of any lands or premises shall permit or suffer any inoperable or unlicensed or unregistered motor vehicle, or any part thereof, to be left or maintained on his or her lands or premises for more than 15 days, whether or not consecutive.
[Ord. No. 2017-2]
This chapter shall not apply to motor vehicles or parts thereof located in garages or other buildings, nor to operable, but unlicensed or unregistered, motor vehicles displayed for sale on premises of a licensed new or used car dealer.
[Ord. No. 8-4-71 § 1; New; Ord. No. 2017-2]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day that such violation continues or exists shall be considered a separate and distinct violation.
[Ord. No. 89-16 § 1; New]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn. This provision shall be enforced by the Code Enforcement Officer and/or the Zoning Officer.
[Ord. No. 1-22-32 § 1]
The owner or occupant of land abutting or bordering upon the streets shall remove all grass, weeds, brush or other impediments from that part of the street abutting or bordering upon their respective lands within three days after notice to remove the same.
[Ord. No. 1-22-32 § 1, New]
The written notice directing the removal of the grass, weeds, vegetation, brush, tree growth or similar impediments shall be prepared by the Code Enforcement Officer or other officer having charge of the streets of the Township over his/her signature and shall identify the lands abutting or bordering upon the streets and shall contain a short statement relating in detail and identifying the material which is directed to be removed pursuant to this section. The notice shall also contain a statement that the owner or owners of the land in question may be assessed the cost of the removal of the impediments if they, the owners, neglect to do so within the time limited in the notice.
[New]
The notice may be served upon the owner or owners resident in the Township in person, or by leaving the same at their house or place of residence with a member of their family above the age of 14 years. In case any such owner shall not reside in the Township, such notice may be served personally or mailed to the owner's last known post office address, or it may be served upon the occupant of the property, or upon the agent of the owner in charge thereof.
[Ord. No. 1-22-32 § 1]
In case the owner or occupant of land abutting or bordering upon any street in the Township shall neglect or refuse to remove any grass, weeds, brush or other impediments from that part of that public highway abutting or bordering upon their lands within three days after notice being served upon that occupant or owner, then it shall be the duty of the Code Enforcement Officer or other officer having charge of the streets of the Township to remove such grass, weeds, brush or other impediments from that part of the street abutting or bordering upon those lands.
[Ord. No. 1-22-32 § 1]
The cost and expense paid and incurred by the Code Enforcement Officer or other officer for removing the grass, weeds, brush or other impediments from the street shall be certified to the Township Committee, which shall examine the certificate; and, if found correct, shall cause the cost to be charged against the lands abutting or bordering upon the public highway. The amount charged shall become a lien upon the lands and shall be added to and become part of the taxes to be assessed upon such lands, to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 82-11 § 1]
[Ord. No. 82-11 § 1]
As used in this section:
OBSCENE MATERIAL
Shall mean any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performances or film, which by means of posing, composing, format or animated sensual details:
a. 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;
b. 
Lacks serious literary, artistic, political or scientific value, when taken as a whole; or
c. 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
[Ord. No. 5-3-72 § 1-3]
Organizations, societies and associations duly licensed to hold and operate legalized games of chance under the provisions of N.J.S.A. 5:8-50 et seq., are hereby authorized to hold, conduct and operate authorized games of chance in the Township on Sundays.
[Ord. No. 93-10 § 1]
As used in this section:
GUARDIAN
Shall mean a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
Shall mean an individual who is under the age of 18 years.
PUBLIC PLACE
Shall mean any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
[Ord. No. 93-10 § 2]
a. 
Conditions for Imposition of Curfew. Whenever the Governing Body shall determine the need for a curfew for juveniles, the Governing Body may, by resolution, declare a curfew in the municipality for a period of not more than 90 days and for such hours and under such conditions as may be prescribed by the Governing Body, provided that such curfew shall commence not earlier than 10:00 p.m. and shall end not later than 6:00 a.m. during each of the curfew dates established.
b. 
Suspension of Curfew. Whenever a curfew has been established under this section, the Governing Body may review the situation and declare that the curfew in the municipality is no longer necessary and is suspended.
[Ord. No. 93-10 § 3]
Whenever a curfew is established within the municipality pursuant to this section, it shall be unlawful thereafter for any juvenile under the age of 18 years to be on any public street, or in a public place, either on foot or in a vehicle, within the municipality during the times designated by the Governing Body.
[Ord. No. 93-10 § 3]
The provisions of this section shall not apply to a juvenile:
a. 
When the juvenile is engaged in an errand involving a medical emergency.
b. 
When the juvenile is in attendance at an extracurricular school activity, or an activity sponsored by a religious or community-based organization, or other cultural, educational or social events.
c. 
When work time of the juvenile who is gainfully and lawfully employed overlaps the curfew hours.
d. 
When the juvenile is an attendant as a bona fide student at an evening school of instruction.
e. 
When the juvenile is accompanied by a parent or guardian or other adult having the care and custody of the juvenile.
f. 
Where the juvenile is on an emergency errand or legitimate business directed by the juvenile's parent or guardian.
[Ord. No. 93-10 § 4]
Whenever a curfew shall be established within the municipality pursuant to this section, it shall be unlawful for any parent or guardian of a juvenile to allow an unaccompanied juvenile to be on any public street or in any public place in violation of this section and the curfew established hereunder. There shall be a presumption that whenever a minor has been convicted for violation of this section, that the parents or guardian of the juvenile know or should have known of the juvenile's violation of this section.
[Ord. No. 93-10 § 5]
If any juvenile should be apprehended for violating the provisions of this section, the Municipal Police Department or other law enforcement authority shall notify parents, guardian, or other adult having care and custody of the juvenile of such arrest.
[Ord. No. 93-10 § 6]
The provisions of this section and any resolutions of the Governing Body passed pursuant to this section shall be posted in such public or quasi-public places as may be designated by the Governing Body in order that the public may be informed of the existence of this regulation and any resolutions passed hereunder. This provision shall not be interpreted to require proof of actual notice of knowledge of this section or any resolution passed pursuant to this section in order to have a conviction for violation of any provision of this section.
[Ord. No. 93-10 § 7]
Any person who violates any provision of this section shall, upon conviction, be required to perform community service and may be subject to a fine not to exceed $1,000 or both. If both a minor and the minor's parent or guardian are convicted of a violation of this section, they shall be required to perform community service together.
[Ord. No. 2011-8 § I; Ord. No. 2011-11]
The following regulations for the prevention of disorderly conduct are hereby enacted:
a. 
False Fire Alarms. No person shall give or cause to be given any false alarm of fire.
b. 
Unnecessary Use of Horns. No person shall sound his automobile horn other than as a warning signal necessary and essential in driving said vehicle, nor sound his horn repeatedly or for long periods of time, except at weddings or other public celebrations.
c. 
Interfere with Religious Worship or Assembly. No person shall disquiet or interrupt any congregation or assembly meet for religious worship or disquiet or interrupt any other meeting within the Township, by making a noise or by rude or indecent behavior, or profane discourse within the place of worship or other meeting place.
d. 
Noise. No person shall permit, make or continue or cause to be permitted, made or continued any unnecessary noise at any unreasonable hour which shall disturb the comfort, rest and repose of any person or persons being in his place of abode.
e. 
Profanity; Interference with Person. No person shall:
1. 
Address or make audible any offensive remarks to or concerning any person in any place, public or private.
2. 
Obstruct, molest or interfere with any person lawfully in or upon any place, public or private.
3. 
Repeatedly telephone another for the purpose of annoying or molesting such person, or telephone another and address any lewd, lascivious, indecent or disgusting remarks to such person. Any offense committed under paragraph e3 may be deemed to have taken place at either the place at which the telephone call was made or at the place at which the telephone call was received.
f. 
Throwing Objects. No person shall throw, discard, deposit or sweep any paper or posters, stones, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public place or at any car, vehicle, house, building, fence or person; or dump any trash or garbage upon private property not his own.
g. 
Malicious Destruction of Property. No person shall maliciously destroy, damage or injure any property, public or private.
h. 
Annoying Persons in Public Places. No person shall participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons or animal on the sidewalk, street, road, park or other public place.
i. 
Obstructions on Streets or Sidewalks. No person shall unnecessarily obstruct any sidewalk, street or public place with any kind of vehicle or vehicles or with any kind of box or boxes, lumber, wood or other thing; but the provisions of this section shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor.
j. 
Trespassing. No person shall enter upon or remain upon the lands or premises of another person, or upon the lands and premises of the Township of Union or of any public or quasi-public body, knowing that he is not licensed or privileged to do so. No person shall enter or remain in any place as to which notice against trespass is given by actual communication to the actor, posting in a conspicuous manner, or by fencing or other enclosure manifestly designed to exclude intruders.
[Ord. No. 2016-2]
a. 
A person who is arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the arrestee's condition may be monitored until the arrestee is no longer a danger to himself or others, which is defined as when the arrestee's blood alcohol is less than 0.05% and the arrestee is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the arrestee's facilities are impaired. The officer or other person holding the arrestee shall release the arrestee from protective custody when the arrestee no longer is a danger to himself or others. In no event shall the arrestee be held in protective custody for a period of longer than eight hours without providing the arrestee an appropriate hearing.
b. 
Notwithstanding the provisions of paragraph a of this section, provided that it is not a detriment to the public safety, the officer or other person holding the arrestee may, because of the age, health or safety of the arrestee, release the arrestee pursuant to the provisions of paragraph d of this section, or provide an appropriate alternative to protective custody. The Township of Union shall not be subject to liability if a person is released from custody pursuant to the provisions of this section.
c. 
For the purposes of this section, an appropriate facility shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time as the arrestee is no longer a danger to himself or others as defined in paragraph a of this section.
d. 
Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a in order to transport or accompany the arrestee from the premises of the officer or other person holding an arrestee, the officer or other person shall provide that person with a written statement advising him of his potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated. The person to whom the statement is issued shall acknowledge, in writing, receipt of the statement, or the officer or other person holding the arrestee shall record the fact that the written statement was provided, but the person refused to sign an acknowledgment.
e. 
Nothing in this section shall impose any obligation on a physician or other health care provider involved in the treatment or evaluation of the arrestee.