[Ord. No. 05-31 § 34-4.1]
To establish requirements to control littering in the Township, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
Editor's Note: The general power to adopt local police ordinances of all kinds is contained in N.J.S.A. 40:69A-29, 30. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in N.J.S.A. 40:69A-29.
[1972 Code § 5-1.1; Ord. No. 05-31 § 34-4.2]
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 chapter 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.
- 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 or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, 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.
[1972 Code § 5-1.1; Ord. No. 05-31 § 34-4.3]
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[1972 Code § 5-1.2]
Litter receptacles and their servicing are required at the following public places: sidewalks used by pedestrians in active retail commercially-zoned areas, such that, at a minimum, there shall be no single linear quarter-mile without a receptacle at the following locations: buildings held out for use by the public, including schools, government buildings, railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations islands; shopping centers; parking lots; boat launching areas; public and private piers operated for public use; 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.
[1972 Code § 5-1.3]
No person shall 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 said property, in any place not specifically designated for solid waste storage or disposal.
[1972 Code § 5-1.4]
No residential property owner shall 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 such items.
[1972 Code § 5-1.5; New]
No person shall store or permit the storage of tires on any property zoned residential, except where tires are stored in a fully enclosed structure, but in no event may tires be stored for business purposes.
[1972 Code § 5-1.6; Ord. No. 10-10]
No vehicles shall be driven, moved, stopped or parked on any highway unless such vehicle is constructed or loaded to prevent any party of its load from dropping, sifting, leaking or otherwise escaping therefrom. 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 therefore. Said obligation shall be in addition to any other penalty imposed pursuant to subsection 5-1.10 or any other section of these ordinances.
[1972 Code § 5-1.7]
No owner, agent, or contractor in charge of any construction or demolition site shall permit the accumulation of litter before, during, or after completion of any construction or demolition project. Every owner, agent, or contractor in charge of a construction or demolition site shall furnish containers adequate to accommodate flyable or non-flyable debris or trash convenient to areas and shall maintain and empty the receptacles as to prevent spillage of refuse.
[1972 Code § 5-1.8]
Every owner, lessee, tenant, occupant or person in charge of any structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and shall keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material.
[1972 Code § 5-1.9]
No person shall sweep into or deposit in any gutter, street, catch basin or other public places 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. 05-31 § 34-4.4]
This section shall be enforced by the Police Department and/or other Municipal Officials of the Township.
[1972 Code § 5-1.10; Ord. No. 05-31 § 34-4.5; Ord. No. 10-10]
[1972 Code § 5-2.1]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Township.
The occurrence of loud noises within the Township constitutes a detriment to the public health, comfort, safety and welfare of the residents of the Township.
The provisions, regulations and prohibitions of this section are adopted to secure and promote the public health, comfort, safety and welfare and the peace and quiet of the Township residents.
[1972 Code § 5-2.2]
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
Radios; Televisions, Phonographs and Other Sound Producing Devices. No person shall play, use, operate or permit to be played, used or operated a radio, vehicle radio, musical instrument, phonograph or other machine or device for the production or the reproduction 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 persons who are voluntary listeners thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or the public. The use or operation of any such instrument, radio, phonograph, machine or device in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, vehicle or place in which it is used or operated, shall be prima facie evidence of a violation of this section. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or at a permitted open air concert.
Unnecessary Noise. The making, continuing or causing to be made or continued, at any swimming pool or family pool, of any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a swimming pool or a family pool, the use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool premises shall be unlawful. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the swimming pool or family pool grounds in which it is located shall be prima facie evidence of a violation of this section.
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
Animals; Birds. The keeping of any animals or birds which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5, Animal Control.
Horns and Signaling Devices. The sounding of any horn or warning device on any automobile, motorcycle, 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, or other vehicle which shall emit an unreasonable loud or harsh sound, or for any unnecessary or unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in Vehicle or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Construction or Repair. Excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, 8:00 a.m. and either 6:00 p.m. or sundown, whichever is later, on Saturdays, and 9:00 a.m. and either 6:00 p.m. or sundown, whichever is later, on Sundays, except that with regard to construction, repair, or alteration work by a homeowner on his dwelling other than between the hours of 7:00 a.m. and 9:00 p.m. In the case of urgent necessity or in the interest of public health or safety, the Construction Official may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days. The emergency permit may grant permission for such work to be done between 6:00 p.m. and 7:00 a.m.
Schools; Courts; Churches; Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided, conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
Pile Drivers, Hammers, Etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[1972 Code § 5-2.3]
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air.
[1972 Code § 5-15.1]
The purpose of this section is to prohibit the making and transmitting of false alarms, thus avoiding an unnecessary drain on the manpower, time, space, facilities, and finances of the Township and its Police Department, and deterioration of the quality of response to persons subscribing to alarm services.
[1972 Code § 5-15.2]
Any occupant of a commercial, industrial, or professional establishment, who operates, maintains, or owns any alarm device designed to summon the Police Department, Fire Department or other municipal agency to any Township location in response to an alarm signal shall be responsible for the proper functioning and maintenance of said equipment.
[1972 Code § 5-15.3]
As used in this section:
- ALARM DEVICE
- Shall mean any alarm-activated equipment intended to provide warning of burglaries, unauthorized entry, fire, flood, or like peril.
- FALSE ALARM
- Shall mean the activation of an alarm system without evidence of a peril against which the alarm system was designed or intended to respond.
- Shall mean any person, corporation, partnership, association or other organization responsible for a false alarm.
[1972 Code § 5-15.4]
In the case of false alarms which summon the Police Department to investigate, the Police Chief shall cause an investigation to be made and shall keep a record of such false alarms on file.
[1972 Code § 5-15.5; Ord. No. 09-34]
For the first of two false alarms in the same calendar year, the public agency responding to the false alarm shall give a verbal warning of the content of this section.
For the third false alarm in the same calendar year, a written warning of the content of this section shall be given by the public agency responding to the false alarm.
For the fourth false alarm in the same calendar year, the occupant shall pay a fine of $25.
For the fifth false alarm in the same calendar year, the occupant shall pay a fine of $50.
For the sixth false alarm in the same calendar year, the occupant shall pay of fine of $75.
For the seventh false alarm and any subsequent false alarm in the same calendar year, the occupant shall pay a fine of $100.
Any occupant that fails to register an alarm device with the Township shall pay a fine of $50.
[1972 Code § 5-3.1]
The disposal by dumping of garbage, rubbish, waste, refuse, debris, animal or vegetable substance, or of any offensive or putrescible material, or of chemical, industrial or sanitary waste on any lands in the Township shall be prohibited.
The maintenance or use of any land within the Township as a dumping area for any of the material set forth in paragraph a shall be prohibited.
[1972 Code § 5-5.1; New]
As used in this section:
- Shall mean any real property within the Township which is not a street or highway.
- Shall mean:
- 1. A machine propelled by power other than human power and designed to travel along the ground by use of wheels, treads, runner or slides and to transport persons or property or pull machinery, and shall include without limitation automobile, truck, trailer, motorcycle, tractor, buggy and wagon, as well as
- 2. Machines not propelled by power including but not limited to landscape trailers, boat trailers, recreational trailers, and all other non-commercial trailers.
[1972 Code § 5-5.2]
No person shall abandon any vehicle within the Township and no person shall leave any vehicle at any place within the Township for a period of time and under circumstances which cause the vehicle to appear to be abandoned.
[1972 Code § 5-5.3; New]
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on a street or highway within the Township. Trailers are prohibited in streets unless attached to a towing vehicle, including, but not limited to, landscapers' trailers, boat trailers, recreational trailers, and all other noncommercial trailers.
[1972 Code § 5-5.4]
No person in charge or control of any property within the Township, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, or discarded vehicles to remain on the property longer than 14 days; and no person shall leave any such vehicle on any property within the Township for a longer time than 14 days; except that this subsection shall not apply to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Township.
[1972 Code § 5-5.5; New]
The Chief of Police or any member of the Police Department designated by him is authorized to remove or have removed any vehicle left any place within the Township which reasonably appears to be in violation of this section, or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes. The Chief of Police, or any member of the Police Department acting for him, shall notify the registered and legal owner in writing by personal service or by certified mail, at the last known address of the owner, of the removal of the vehicle, the reason for its removal and the location of the vehicle. The vehicle shall be retained and impounded until the owner or his duly authorized agent pays the cost of the taking and removal, together with a garage charge as specified in Section 4-12.
[1972 Code § 5-3A.1; Ord. No. 10-2]
The depositing, plowing or otherwise disposing of snow from any property within the Township onto a public right of way by an owner, tenant, occupant or a private snow removal contractor is hereby prohibited.
[1972 Code § 5-4.1]
It shall be the duty of any owner or tenant or person in possession of any lands in the Township:
To keep such lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Township, or which may constitute a fire hazard.
Where the lands abut or border upon any public street in the Township, to remove all grass, weeds, brush and other debris from that part of the street bordering on their respective lands.
[1972 Code § 5-4.2]
Whenever the Council shall deem it necessary and expedient for the preservation of the public health, safety, general welfare, or the elimination of a fire hazard, or upon investigation of a complaint of any resident, officer or employee of the Township, they may order the owner, tenant or person in possession of any lands on which any grass, weeds, trash or other debris are found to exist, to remove same within 10 days after notice, or to cause the removal thereof if the order is not complied with.
[1972 Code § 5-4.3]
In the event the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within 10 days after receipt of notice, the Community Development Director or designee shall cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Council, who shall examine the certificate and, if found correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[1972 Code § 5-6.1]
When there exists in the Township a state of disaster or emergency, brought about by natural causes or by the action of any person or persons, and such state of disaster or emergency causes or may cause violence and injury to be inflicted upon people in the Township and causes or may cause damage and destruction to property in the Township, both public and private, all being against the health, safety and welfare of the people of the Township then and in that event, the Mayor shall have the authority to declare that a state of disaster or emergency exists and he shall have the authority and be empowered to do the following:
Issue orders or proclamations regulating the hours during which persons shall be prohibited from remaining upon the public streets, ways and places in the Township;
Issue orders or proclamations regulating the hours during which vehicular traffic shall be prohibited or restricted from traveling over the streets in the Township;
Issue orders or proclamations regulating the hours during which all businesses licensed by the Township to dispense in any way alcoholic beverages shall be closed to business;
Issue orders or proclamations regulating the hours during which all sales of gasoline by gasoline service stations in the Township shall be closed to business.
[1972 Code § 5-6.2]
The judgment of the Mayor that a state of disaster or emergency exists within the Township and that it has caused or is likely to cause injury and damage to persons and property within the Township shall be final and absolute.
[1972 Code § 5-6.3]
The Mayor, upon declaring that a state of disaster or emergency exists in the Township, shall forthwith advise any newspaper and radio station located in the area of the Township and request that the announced state of disaster or emergency be publicized at once.
[1972 Code § 5-6.4]
After the Mayor has declared that a state of disaster or emergency exists in the Township and has issued an order or proclamation regulating the movements of persons or vehicles in or about the Township or prohibiting the dispensing by licensed persons of alcoholic beverages or the sale of gasoline by gasoline service stations in the Township, it shall be unlawful and a violation of this section for any person to be upon the streets, ways or places in the Township, to dispense alcoholic beverages or to sell gasoline at any gasoline service station during the hours prohibited by the order or proclamation unless otherwise permitted by the Township.
[1972 Code § 5-6.5; Ord. No. 13-28]
Any person who shall violate any of the provisions of an order or proclamation issued by the Mayor shall, upon conviction thereof be subject to a fine not less than $250 nor to exceed $750 or to be imprisoned for a term not to exceed six months, or both.
[1972 Code § 5-11.1]
The Township Council does find that a substantial number of incidents involved in the violation of the public peace are committed by minors and in a significant part are occasioned by the failure of the parents of the minors to exercise reasonable control and supervision over the minors. Although the existing Statutes do afford a means to alert parents to their responsibilities to both the minor and society in general, it is the legislative judgment of the Council that supplemental local legislation is desirable and necessary to encourage greater parental concern and responsibility and to fill the void where traditional parental control is inadequate. Pursuant to N.J.S.A. 40:48-1, this section is intended to fill this void.
[1972 Code § 5-11.2]
As used in this section:
- Shall mean to trouble by repeated attacks; incursions; to disturb persistently.
- Shall mean any person under the age of 18 years.
- Shall mean and includes either or both parents of a minor, the legal guardians of such minor or any other person having the care or custody of the minor committing the violation of the public peace.
- VIOLATION OF THE PUBLIC PEACE
- Shall mean defacing, damaging or destroying public property or the private property of another within the Township; or committing an assault or assault and battery upon another in the Township; or behaving in such a manner as to deprive one of quiet enjoyment; or harassment of any individual, family or business in the Township; or by any other act covered by N.J.S.A. 2A:14 relating to juvenile behavior.
[1972 Code § 5-11.3]
No parent shall assist, aid, abet, allow, permit, suffer or encourage such minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor.
An offense by a parent shall be rebuttably presumed, pursuant to this subsection when the following events occur: If a minor has been convicted before a court of competent jurisdiction of an act defined as juvenile delinquency or juvenile offense or a violation of the public peace, which the parents shall have knowledge of, either expressed or implied, and the minor shall again be charged and convicted of either classification of offense, then, in that event, it shall be a rebuttable presumption that the parent allowed, permitted and suffered the minor to commit a violation of the public peace.
[1972 Code § 5-11.4]
[1972 Code § 5-11.5]
The remedy provision of this section shall not be exclusive, and the State or any other person shall have the right to proceed under any other legally available remedies.
[Ord. No. 09-26]
It shall be unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Ord. No. 09-26]
As used in this section:
- Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
- Shall mean the underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
[Ord. No. 09-26]
Any person violating the provisions of this section shall, in accordance with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1.2. If a person at the time of the imposition of sentence is less than 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 months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and the sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If a person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresidential driving privilege of the person based on the age of the person and submit it to the Motor Vehicle Commission on the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report from the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 09-26]
Nothing contained in this section is intended, nor shall it be construed, as prohibiting an underaged person from 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.
Nothing contained in this section is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or a hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this section shall not be construed to preclude the imposition of a penalty under this article, N.J.S.A. 33:1-81 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.
[1972 Code § 5-20.1]
It shall be unlawful for any person to be in or upon any buildings, grounds, or playgrounds owned by the Board of Education of the Township of Piscataway between the hours of 9:30 p.m. and 7:00 a.m. of the following day, prevailing time.
[1972 Code § 5-20.2]
This prohibition shall not apply to persons who, or organizations which, have been expressly authorized to use a specific public school facility pursuant to application previously made and granted by the Board of Education. Further, this prohibition shall not apply to authorized school personnel, members of the Board of Education while performing Board functions, or Police, Fire or Rescue personnel while in their performance of police, fire or rescue duties.
[1972 Code § 5-20.3; New]
[1972 Code § 5-18.1]
It shall be unlawful for any person to consume or possess, either in an open or in a closed container, any alcoholic beverage on any property within the Township which is owned by the Board of Education of the Township of Piscataway.
[1972 Code § 5-18.2; New]
[1972 Code § 5-19.1; Ord. No. 2015-08]
Pursuant to the authority of N.J.S.A. 2C:35-7, the drug-free school zone map (herein "map") produced on or about February 5, 2015, by Gaetano V. Gaspari, P.E., P.L.S., is hereby approved and adopted as an official finding and record of the location and areas within the Township of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, and of the areas on or within 1,000 feet of school property. (The map referred to in Ord. No. 2015-08 is on file in the Office of the Township Clerk.)
[1972 Code § 5-19.2]
The map shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes until such time (if any) that this section shall be amended to reflect any modifications to the location and boundaries of school property and drug-free school zones.
[1972 Code § 5-19.3]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
[1972 Code § 5-19.4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map. A true copy of such map and of this section shall be provided without cost to the Middlesex County Clerk and to the office of the Middlesex County Prosecutor.
[1972 Code § 5-19.5]
The following additional matters are hereby determined, declared, recited and stated:
The map is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and, pursuant to State Law, such map shall constitute prima facie evidence of the following:
The location of elementary and secondary schools within the Township;
The boundaries of the real property which is owned by or leased to such schools or a School Board;
That such school property is and continues to be used for school purposes; and
The location and boundaries of areas which are on or within 1,000 feet of such school property.
Except as is otherwise expressly noted on the face of the map, all of the property depicted thereon as school property was owned by (or leased to) a school or School Board and was being used for school purposes as of July 9, 1987.
A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the drug-free school zone map. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
All legal requirements concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
See also Chapter 12, Parks and Recreation Areas.
[1972 Code § 5-24.1; New; Ord. No. 2015-08]
The map attached hereto entitled Drug-Free Zone Map, prepared by Gaetano V. Gaspari, P.E., P.L.S., dated February 5, 2015, together with the accompanying enlarged detail maps, is hereby adopted by the Township Council pursuant to and for the purposes set forth in N.J.S.A. 2C:35-7.1. (The map attached to Ordinance No. 2015-08 is on file in the Office of the Township Clerk.)
[1972 Code § 5-24.2; New]
Schedule A is hereby approved by the Township Council as an official finding and record of the location and boundaries of the areas on or within 500 feet of public parks, public buildings and public housing facilities as same are defined by N.J.S.A. 2C:35-7.1, within the Township.
[1972 Code § 5-24.3; New]
The Township Administrator is hereby directed, and shall have the continuing obligation, to promptly notify the Municipal Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property used for public parks, public buildings and public housing facilities.
[1972 Code § 5-24.4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the maps and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copies are true copies of the maps. A true copy of such maps and of this section shall be provided without cost to the Middlesex County Clerk and to the office of the Middlesex County Prosecutor.
[1972 Code § 5-16.1]
As used in this section:
- MOTOR-DRIVEN VEHICLE
- Shall include, but not be expressly limited to, minibikes, motor scooters, go-carts, swamp buggies and any other motor-driven vehicle not capable of being registered under Title 39, New Jersey Statutes, as amended. This term shall also include motorcycles and other motor vehicles capable of being registered under Title 39 aforesaid but not registered.
- MUNICIPAL LAND
- Shall mean any park, ball field, recreation area, water area, easement, or sidewalk or any area dedicated or commonly used for pedestrian traffic, municipal storage facility, garage area, property owned or used by the Piscataway Board of Education, and any and all other publicly owned lands and premises other than a public roadway.
[1972 Code § 5-16.2]
It shall be unlawful for any person to operate, or permit or suffer to be operated by any other person under the age of 17 years a motor driven vehicle within the Township under the following circumstances:
On private property of another without the express written consent of the owner and the occupant of the property. Where such express prior written consent has been obtained, the operator shall keep same on his person, available for immediate display, during the period of such operation. The operator's failure to disclose such prior written consent to a law enforcement officer of the Township shall constitute a violation of this section;
On any municipal land other than a public roadway;
In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons; and
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person, or any municipal land or property.
[1972 Code § 5-16.3]
It shall not be unlawful for any Township employee, Board of Education employee or other public employee to operate motor-driven vehicles for the purpose of maintaining, repairing, or doing work for the public the Township, or the Board of Education on any such land as described in this section.
[1972 Code § 5-16.4]
Any person regardless of age who shall violate any of the provisions of this section may be issued a uniform traffic summons which shall be processed in the Piscataway Municipal Court.
[1972 Code § 5-16.5]
It shall be unlawful for any person to operate, permit or suffer to be operated a motor-driven vehicle within the Township unless the motor-driven vehicle is equipped with a muffler in good working order. It shall be unlawful for any person to operate, permit or suffer to be operated a motor-driven vehicle equipped with a muffler cut-out, muffler bypass or similar device.
[1972 Code § 5-16.6; New]
[1972 Code § 5-23.1]
As used in this section:
- MOTOR VEHICLE
- Shall mean and include, but not be limited to, vehicles capable of being registered under Title 39 of the New Jersey Statutes, as amended, and shall include minibikes, motor scooters, go-carts and motor driven buggies by way of illustration of those vehicles included herein which are not capable of being registered under Title 39.
- MUNICIPAL LAND
- Shall mean parks, ball fields, recreation areas, parking areas, municipal facilities such as garages and offices and any and all other publicly owned lands and premises other than public roadways.
[1972 Code § 5-23.2]
It shall be unlawful for any person on municipal land to:
[1972 Code § 5-23.3]
Any vehicle left parked or standing on municipal land and whose owner or operator is in violation of this section above shall be removed and towed at owner's or operator's expense.
[1972 Code § 5-23.4]
The Township Council may, for special events and in special instances benefiting the public interest, grant exceptions to the prohibition set forth herein. Any person requesting such exception shall submit a request in writing to the Township Clerk at least 21 days prior to the date for which the exception is sought.
[1972 Code § 5-23.5]
[1972 Code § 5-25.1]
By interlocal agreement the Township of Piscataway and the County of Middlesex have agreed that the Township Police Department has assumed the responsibility of patrolling all County parks within the Township and is authorized to enforce the rules and regulations governing the use of County parks.
[1972 Code § 5-25.2]
The Rules and Regulations adopted by this section are described and commonly known as Rules and Regulations Governing the Use of County Parks, as adopted by the Middlesex County Board of Chosen Freeholders by Resolution 99-1441, dated August 19, 1999 as may be amended. Copies of these Rules and Regulations have been placed on file in the office of the Township Clerk for the use and examination of the public.
[1972 Code § 5-25.3; Ord. No. 20-05]
The Rules and Regulations are approved and adopted by reference. A copy of these documents is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 5-21; Ord. No. 13-28]
No person owning, harboring, keeping, walking, controlling or in charge of any dog, cat or other domestic animal, shall cause, suffer, permit or allow such dog, cat or other domestic animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, street, sidewalk, passageway, road by-pass, school property, play area, park or any place where people congregate or walk or upon any public property whatsoever, or upon any private property without the permission of the owner of the private property in the last instance. If any such person shall permit such dog, cat or other domestic animal to soil, defile, defecate on or commit any nuisance in the areas aforesaid, he or she shall immediately remove and dispose of all feces and droppings deposited by said dog, cat or other domestic animal, which removal shall be in a sanitary manner by shovel, container, disposal bag or such other sanitary means.
Complaints may be filed in Municipal Court by either citizens, the Animal Control Officer or Police for the violation of this section on either public or private property.
The provisions of this section shall not apply to a guide dog accompanying any blind person.
Any person who violates any portion of this section shall, upon conviction, be liable for a penalty of not less than $100 nor more than $500 for each violation.
[New; Ord. No. 07-31]
[1972 Code § 5-10.1]
This section is enacted as a measure to safeguard the residents of the Township and to provide for their public safety and welfare and to protect their property.
[1972 Code § 5-10.2; New]
It shall be unlawful to carry any concealed weapon within the Township in violation of the laws of this State.
It shall be unlawful for any person, other than duly appointed and authorized peace officers, to carry or possess any weapons, including bows and arrows and paint ball guns in any municipal park within the Township.
[1972 Code § 5-10.3]
No person shall discharge any firearm or propel an arrow upon or across any Federal, State, County or municipal road or highway lying within the boundaries of the Township.
No person shall have in his possession a loaded gun or discharge any firearm, including a shotgun, pistol, rifle, air gun, BB gun, slingshot, bow and arrow or other missile, projecting device or contrivance while within 500 feet of any occupied dwelling, including but not limited to single- and multiple-family residences; business, commercial and industrial establishments; private and public schools and playgrounds; municipal and County playgrounds and parks; and designated private recreational areas, except for organized activities for which the Director of Public Safety has given approval.
[1972 Code § 5-10.4]
[1972 Code § 5-12.1]
As used in this section:
- Shall mean any library or collection supported in whole or in part by public funds of the Township and any free public library created pursuant to the provisions of N.J.S.A. 40:54-1 et seq.
- Shall mean the Township of Piscataway.
[1972 Code § 5-12.2]
No person shall retain or fail to return any books or article borrowed from any library in the Township contrary to the rules and regulations of such library.
[1972 Code § 5-12.3]
If any person retains or fails to return any book or article, he shall be first notified in person or in writing of his failure to return the book or article as per rules and regulations of the library before any complaint shall be made for violation of this section.
[1972 Code § 5-12.4]
No person shall damage or destroy or permit to be damaged or destroyed any book or other article or any part thereof which is owned by or is in the custody of the library.
[1972 Code § 5-12.5]
No person shall register or furnish a false name or address or use any card other than the one issued to that person for the purpose of borrowing any book or other article from the library.
[1972 Code § 5-12.6; Ord. No. 13-28]
Every person convicted of a violation of a provision of this section or any supplement or amendment thereto shall be liable to a penalty or fine of not more than $100 for the first offense and a penalty or fine of not more than $200 for the second and each succeeding offense. Any such fine or penalty will be in addition to the cost of replacement of any materials not returned or damaged beyond repair.
[Ord. No. 07-11]
Any tenant who receives notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1(g)(3), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section.
[Ord. No. 07-11]
Any owner-landlord in violation of a zoning or code violation for an illegal occupancy, resulting in the eviction of a tenant as set forth in subsection 3-22.1, shall be responsible for a fine in an amount up to six times the monthly rental paid by the displaced person. Said fine shall be in addition to any fine or penalty imposed as a result of the zoning or code violation for the illegal occupancy.
For any second or subsequent offense, an owner-landlord, after a hearing on the matter, shall be responsible for a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, as set forth in N.J.S.A. 2A:18-61.1g.
[Ord. No. 08-22 § 5-14.1]
It shall be unlawful for any person to commit any of the following offenses within the Township:
Disturbing the quiet of the Township or of any lawful assembly of persons, or of any neighborhood, family or person within the Township by using any profane, indecent or obscene language, or any indecent conduct whatever or by quarreling, assaulting, fighting or otherwise disturbing the public peace.
Intentionally obstructing, molesting, hindering, annoying, frightening or interfering with any other person upon the streets, parks, public or private place, or in any automobile, bus, or other means of transportation or conveyance, public or private.
Engaging in any conduct the purpose of which is to defraud or cheat any individual or entity within the Township.
Keeping or causing or permitting to be kept a house, shop, room or place of any description in which any kind of disorder is made or permitted, to the alarm, annoyance or disturbance of the neighborhood, or in which persons assemble, or which place is injurious to the public health, public quiet or public morals, or which is used for the purpose of prostitution, or in which is kept any table or device of any kind upon or by which any game of chance or hazard shall be played.
Engaging in any riotous conduct, indecent conduct, breaches of the peace, vagrancy, begging, prostitution in any street or alley or other public place in the Township.
Knowingly causing a false alarm of fire or intentionally breaking or injuring or causing to be broken or injured any fire alarm box owned by the Township or any streetlamp used or lighted by or rented to the Township.
Fleeing or attempting to elude, on foot or by any other means, any police or law enforcement officer after having received any signal from such officer to halt or bring his or her vehicle to a full stop.
Resisting, obstructing or interfering with any Township officer or official, including a member of an emergency services organization, in the performance of his or her duty, disobeying the lawful order or instructions of any such officer or official or, without good reason, refusing or neglecting to assist him or her in the performance of his or her duty when requested to do so.
Trespassing on private property and surreptitiously or sneakingly invading the privacy of another by peering into windows or other openings of dwelling places located thereon for no lawful purpose.
Willfully or maliciously torturing, tormenting, beating, kicking, striking, mutilating, injuring, disabling or killing any dog used by the Police Department of the Township of Piscataway in the performance or duties of such Department or interfering with or meddling with any such dog while being used by said Department, or any member thereof, in the performance of any of the functions or duties of said Department or of any officer or member of said Department.
Individually or as agent or representative of another person, or as an officer or agent of any corporation, or a members of partnership, with intent to defraud, making, drawing, uttering or delivering any check, draft or order for the payment of money in a sum not in excess of $100 upon any bank or other depository, knowing at the time of so doing that the maker or drawer has no funds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.
The making, drawing, uttering or delivering of a check, draft or order as stated in the preceding paragraph shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with the bank or other depository.
[Ord. No. 88-22 § 5-14.2]
[Ord. No. 08-22 § 5-14A.1]
As used in this section, the following terms shall have the meanings indicated:
- Shall mean to hide merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.
- FULL RETAIL VALUE
- Shall mean the merchant's stated or advertised price of the merchandise.
- Shall mean any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.
- Shall mean any owner or operator of any store or other retail mercantile establishment or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor.
- Shall mean any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require.
- PREMISES OF A STORE OR RETAIL MERCANTILE ESTABLISHMENT
- Shall include but is not limited to the retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such mercantile establishment.
- SHOPPING CART
- Shall mean a pushcart of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting merchandise in stores and markets and, incidentally, from the stores to a place outside the store.
- STORE OR OTHER RETAIL MERCANTILE ESTABLISHMENT
- Means a place where merchandise is displayed, held, stored or sold or offered to the public for sale.
- Shall mean to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise.
[Ord. No. 08-22 § 5-14A.2]
Shoplifting shall consist of any one or more of the following acts, which shall be prohibited within the Township:
For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.
For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
For any person purposely to alter, transfer or remove any label, price tag or marking indication of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.
For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.
For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.
For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.
[Ord. No. 08-22 § 5-14A.3]
[Ord. No. 06-24]
Low speed vehicles are prohibited from all roadways within the Township of Piscataway.
Low speed vehicle shall mean a four-wheeled low-speed vehicle, as defined in 49 CRF s. 571.3(b), whose attainable speed is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface and which is not powered by gasoline or diesel fuel and complies with Federal safety standards as set forth in 49 SFR s. 571.500.
[Ord. No. 2018-02]
Any portion of a non-residential use which lies within 300 feet of either a residential zone or a lot developed for residential use which is not separated from the residential zone or lot developed for residential use by a noise abatement wall which has been approved by the Township Supervisor of Engineering, shall comply with the following restrictions in those portions of the rear or side yard areas which lie within 300 feet of the residential zone or use.
The idling of truck engines for more than three consecutive minutes when the vehicle is not in motion shall be prohibited except for the following:
At least two signs shall be posted on each lot on which a non-residential use meeting the criteria in subsection 3-26.1a is located. Said signs shall indicate the following: "The idling of engines for more than three minutes in a rear or side yard is prohibited and subject to a fine not to exceed $2,000.
The sizes, lettering and locations of the required signs shall be determined by the Township Supervisor of Planning, or by the Township Zoning or Planning Board for applications within their respective jurisdiction.
[Added 11-26-2019 by Ord. No. 19-29]
As used in this chapter, the following words shall have the following meanings:
- MUNICIPAL BUILDINGS
- All structures owned and/or operated by the Township of Piscataway and/or occupied by Township employees and used for the conduct of official business of the Township of Piscataway.
- 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, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- Township of Piscataway.
- TOWNSHIP FACILITIES
- All parks and recreational facilities, including all public parks, playgrounds, athletic fields and parking lots publicly owned by the Township of Piscataway and all the property owned by the Township upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities including all areas adjacent to such facilities, including but not limited to any parking area, driveway, or drive aisle.
Smoking shall be prohibited on all municipal property, both indoors and outdoors, including the Municipal Building, Police Headquarters, the Community/Senior Center, Community Resource and Services, the Department of Public Works and in any other municipal building or facility owned and operated by the Township of Piscataway. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at the entrance to each municipal building facility. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign must also indicate the violators are subject to a fine. The signs shall be written in English and Spanish in accordance with N.J.S.A. 26:3D-55.
Smoking shall be prohibited in all public parks and recreation facilities, athletic fields, playgrounds, pool facility, and other recreational facilities owned and operated by the Township of Piscataway upon which the public is invited or upon which the public is permitted and where individuals gather for recreational and leisure activities, including all areas adjacent to such facilities including but not limited to any parking areas, driveway or drive aisle which has been designated with "no smoking" signs. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at the entrance to each facility. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking prohibited therein. The sign must also indicate the violators are subject to a fine. The signs shall be written in English and Spanish in accordance with N.J.S.A. 26:3D-55.
The smoking shall be prohibited in any vehicle registered, owned and operated by the Township of Piscataway.
Any person who violates any provision of this § 3-27 shall be subject to a fine of not less than $250 for the first offense; $500 for the second offense and $1,000 for each subsequent offense. In addition, any municipal employee found in violation of this chapter may also be subject to disciplinary action in accordance with the Township's policies and procedures governing discipline.
The provisions set forth under this § 3-27 shall be enforced by the Piscataway Township Police Department.