[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:
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.
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]
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.