[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.
[1]
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.
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.
a.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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:
a.
The use of bells, chimes or sound amplifiers by churches engaged
in church activities.
b.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
c.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
d.
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:
Shall mean any alarm-activated equipment intended to provide
warning of burglaries, unauthorized entry, fire, flood, or like peril.
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]
a.
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.
b.
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.
c.
For the fourth false alarm in the same calendar year, the occupant
shall pay a fine of $25.
d.
For the fifth false alarm in the same calendar year, the occupant
shall pay a fine of $50.
e.
For the sixth false alarm in the same calendar year, the occupant
shall pay of fine of $75.
f.
For the seventh false alarm and any subsequent false alarm in the
same calendar year, the occupant shall pay a fine of $100.
g.
Any occupant that fails to register an alarm device with the Township
shall pay a fine of $50.
[1972 Code § 5-3.1]
a.
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.
b.
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:
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
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:
a.
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.
b.
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:
a.
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;
b.
Issue orders or proclamations regulating the hours during which vehicular
traffic shall be prohibited or restricted from traveling over the
streets in the Township;
c.
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;
d.
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.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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]
a.
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.
b.
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:
a.
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:
1.
The location of elementary and secondary schools within the Township;
2.
The boundaries of the real property which is owned by or leased to
such schools or a School Board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
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.
c.
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.
d.
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:
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.
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:
a.
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;
b.
On any municipal land other than a public roadway;
c.
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
d.
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:
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.
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]
a.
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.
b.
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.
c.
The provisions of this section shall not apply to a guide dog accompanying
any blind person.
d.
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]
a.
It shall be unlawful to carry any concealed weapon within the Township
in violation of the laws of this State.
b.
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]
a.
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.
b.
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:
a.
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.
b.
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.
c.
Engaging in any conduct the purpose of which is to defraud or cheat
any individual or entity within the Township.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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.
k.
1.
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.
2.
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.
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.
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.
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.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
For any person purposely to under-ring with the intention of depriving
the merchant of the full retail value thereof.
f.
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]
a.
Low speed vehicles are prohibited from all roadways within the Township
of Piscataway.
b.
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.
[N.J.S.A. 39:1-1]
[Ord. No. 2018-02]
a.
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.
b.
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:
c.
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.
d.
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; amended 12-13-2022 by Ord. No.
2022-27]
[Added 11-26-2019 by Ord. No. 19-29; amended 12-13-2022 by Ord. No.
2022-27]
As used in this chapter, the following words shall have the
following meanings:
A food item containing Cannabis or Tetrahydrocannabinol (
THC).
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.
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.
[Added 11-26-2019 by Ord. No. 19-29; amended 12-13-2022 by Ord. No.
2022-27]
a.
Smoking and consumption of Edibles 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.
b.
Smoking and consumption of Edibles 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.
c.
The smoking and consumption of Edibles shall be prohibited in any
vehicle registered, owned and operated by the Township of Piscataway.
[Added 11-26-2019 by Ord. No. 19-29]
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.
[Added 11-26-2019 by Ord. No. 19-29]
The provisions set forth under this § 3-27 shall be enforced by the Piscataway Township Police Department.
[Added 6-10-2021 by Ord. No. 2021-14]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act ( P. L.
2021, c. 16) ( the " Act"), cannabis establishments (defined in Section
3 of the Act as "a cannabis cultivator, a cannabis manufacturer, a
cannabis wholesaler, or a cannabis retailer"), cannabis distributors
or cannabis delivery services are hereby prohibited from operating
anywhere in the Township of Piscataway. Retail sales of both medical
and recreational cannabis are prohibited.
[Added 12-14-2021 by Ord.
No. 2021-41]
a.
The Township Council of the Township of Piscataway finds and declares
that there are properties located in the Township where nuisances
exist and other activities occur which have resulted in the excessive
consumption of municipal services.
b.
The Township Council of the Township of Piscataway finds and declares
that the cost of the excessive consumption of municipal services relating
directly to these nuisance properties should be paid by the property
owner and not through general tax revenues.
c.
This section is intended to establish regulations and procedures
identifying and providing for the assessment and timely payment of
the cost of excessive consumption of municipal services associated
with these nuisance properties.
[Added 12-14-2021 by Ord.
No. 2021-41]
As used in this section, the following terms are defined as
set forth herein:
Any qualifying Township of Piscataway Police Department calls
made to a property while that property is on probationary nuisance
status.
Properties on which activities occur that result in qualifying Piscataway Township Police Department calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in § 3-29.5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this chapter.
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-day period. Probationary nuisance status is effective
for a twelve-month period beginning on the date of the public officer's
determination. During probationary nuisance status, the property owner
is liable to the Township Council of the Township of Piscataway for
user charges from each qualifying call.
Calls resulting in Piscataway Township Police Department
responses to potential violations of state or local laws, regulations,
or ordinances, including, but not limited to, those cited in the following
list, and others not so identified but specifically determined to
be qualifying by the hearing officer. Whether or not a call is deemed
qualifying shall be at the discretion of the hearing officer(s). Not
included in the following list are calls for permitting, licensing,
inspections, or similar administrative functions and calls from or
on behalf of victims who reside at the property which is the subject
matter of the call.
The sale, service, or consumption of alcoholic beverages.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
Damage to property.
Improperly parking a vehicle, or any motor vehicle violation
on private property.
Possession of a barking, howling, biting, or dangerous animal.
Possession, distribution, or use of a controlled substance.
Prostitution.
Public urination, defecation, or indecent exposure.
Criminal activity.
Juvenile Complaints/Juvenile Activity.
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
[Added 12-14-2021 by Ord.
No. 2021-41]
The Township Chief of Police, or his designee, shall administer
the necessary recordkeeping and investigation required in connection
with this chapter.
[Added 12-14-2021 by Ord.
No. 2021-41]
a.
The Township Chief of Police, or his designee, must keep and maintain
records documenting the following information concerning the properties
serviced:
b.
The Piscataway Township Police Department providing the excessive
municipal services shall coordinate as needed with other municipal
agencies and the Municipal Attorney to enforce this section.
[Added 12-14-2021 by Ord.
No. 2021-41]
During any sixty-day period, properties that necessitate qualifying
calls for municipal services that exceed the amounts set forth in
the following schedule are designated nuisance properties and subject
to penalties and procedures established under this section.
a.
Residential properties of one through four dwelling units: 5 qualifying
calls.
c.
Community residences: five qualifying calls.
d.
Convenience, grocery, liquor and retail stores: 10 qualifying calls.
e.
Restaurants, bars, and entertainment establishments: 30 qualifying
calls.
f.
All other properties not included in the preceding categories: 10
qualifying calls.
[Added 12-14-2021 by Ord.
No. 2021-41]
a.
Whenever the public officer determines that any property has become
a nuisance property based on excessive consumption of municipal services,
he or she shall issue a complaint and summons reciting the location
of the property, stating that the property is on probationary nuisance
status, and the allegations supporting a finding of excessive use
and a notice of hearing setting forth the date and time and place
for a hearing on the matter.
b.
The complaint shall also provide notice:
1.
That the property will be on probationary nuisance status for the
12 months following the date of the complaint.
2.
That, during the probationary nuisance status period, each additional
qualifying call to the property will be subject to a user fee of $300
per call.
3.
Listing the dates and the nature of the qualifying calls made to
the subject property that gave rise to the determination of excessive
use.
4.
Directing that the offending activities be immediately abated.
c.
The complaint and notice of hearing shall be served on the property
owner. Service shall be made by regular mail and either certified
mail return receipt required, or overnight delivery service to the
last-known address of the recipient as it appears in Township records.
d.
If the whereabouts of the property owner cannot be ascertained by
reasonable diligence, service of the complaint and notice of hearing
shall be effectuated as follows:
e.
Whenever an individual dwelling unit within a multifamily dwelling
has received five qualifying calls within a sixty-day period, the
public officer shall notify the property owner as provided hereunder
so that the property owner can take action to abate the nuisance.
This notice shall be issued notwithstanding that the multifamily dwelling
did not receive the required number of qualifying calls that would
trigger a notice of violation.
[Added 12-14-2021 by Ord.
No. 2021-41]
a.
A hearing shall be held on the allegations recited in the complaint.
The public officer or other police officers involved shall present
evidence and testify at the hearing and may produce witnesses in support
of the allegations recited in the complaint. The property owner and
any interested party shall have the right to appear at the hearing
and testify, produce witnesses, and be represented by an attorney.
b.
The Municipal Attorney shall serve as hearing officer. The hearing officer is charged with determining whether, in a sixty-day period, the subject property received qualifying calls in excess of those permitted under § 3-29.5. If so, the hearing officer shall confirm that the property was on probationary nuisance status from the date of the complaint. If the hearing officer also determines that qualifying calls were made to the subject property during the probationary period, the fact shall be so noted in the hearing officer's findings. Based on these findings, the hearing officer shall enter an order against the property owner.
c.
The following shall be memorialized in the hearing officer's order:
1.
A finding that the subject property was on probationary nuisance
status.
2.
A determination that an excessive number of qualifying calls were
made to the subject property during the probationary nuisance status
period.
3.
An assessment of the reasonable costs of litigation, including, but
not limited to, the costs of a court reporter and transcript, and
an administration fee of $100.
4.
An assessment of a user fee of $300 per call for each qualifying
call, in excess of the permitted number. If the qualifying calls involved
the same tenant or occupant, this fee may be apportioned between the
owner and the tenant/occupant.
d.
Additional qualifying calls to the subject property following the
hearing and within a one-year period from the date of the complaint
constitute a further violation of this chapter and are subject to
a $300 per call user fee. A summons and complaint shall be filed in
the Piscataway Municipal Court for each subsequent qualifying call,
each being a separate violation, with the $300 per call user fee the
penalty to be imposed upon a guilty plea or conviction. Notice of
this provision shall be incorporated in the hearing officer's order.
e.
The hearing officer's order shall be served upon the appropriate
parties in the same manner as service of the complaint and notice
of hearing; except that, in the event the whereabouts of the property
owner, tenant, or occupant cannot be ascertained, then the order shall
also be recorded in the Middlesex County Clerk's office.
[Added 12-14-2021 by Ord.
No. 2021-41]
a.
Any fees, costs, or penalties that remain unpaid 60 days from the
date of an order issued pursuant to this chapter shall be assessed
as a lien against the subject property, enforceable and collectible
in the same manner as liens for delinquent real property taxes and
municipal service charges.
b.
Pursuant to N.J.S.A. 40:52-1.2, municipal licenses, permits, and
certificates of occupancy applied for or issued to the subject property
may be revoked, suspended, withheld, or denied renewal for failure
to comply with and satisfy any payment obligations under an order
imposed pursuant to this chapter.
