City of Summit, NJ
Union County
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Table of Contents
Table of Contents
Editor's Note: Regulations requiring the removal of ice and snow from sidewalks are contained in Chapter 18, Section 18-5.
[1983 Code Part VI T.1 § 11; Ord. No. 2390 § 1; Ord. No. 01-2463 § 1; Ord. No. 01-2474 § 1]
No person shall consume any alcoholic beverage or have in his possession any unsealed alcoholic beverage container with alcoholic beverages therein within the City limits:,
a. 
In the parking area adjacent to any licensed premises for the sale of alcoholic beverages, or
b. 
While in or on a public street, sidewalk, public parking place, playground, recreational area, or
c. 
Upon any land or in any building owned or occupied by any Federal, State, County or Municipal Government, or
d. 
While in or about any other public or quasi public place, or place to which the public is invited, including but not limited to, any business, banking, church, institutional, commercial or professional premises; provided however, that such consumption or possession shall be permitted with the express permission of the owner or other body, board or person having the authority to grant such permission.
[1983 Code Part VI T.1 § 12; Ord. No. 2390 § 2; Ord. No. 01-2463 § 1; Ord. No. 01-2474 § 1]
For the purpose of subsections 3-1.1, 3-2.1 and 3-2.2:
a. 
A container shall be regarded as "unsealed" when:
1. 
Its top or cork has been removed, or
2. 
Any of its contents have been removed, or
3. 
The Government tax stamp has been removed or broken, or
4. 
In the case of a metal container, the container has been opened in any fashion, or
5. 
In the case of a twist top container, the original seal has been broken, or
6. 
When the container is a glass or cup.
b. 
Guardian shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
c. 
Relative shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[1983 Code Part VI T.1 § 13; Ord. No. 2357 §§ 1, 2; Ord. No. 00-2422 § 1; Ord. No. 01-2463 § 1]
a. 
Permit from Common Council Required. None of the foregoing provisions shall apply to any park, public picnic area, or land or building owned or occupied by any Federal, State, County or Municipal Government, where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups is specifically permitted by resolution of the Common Council.
b. 
Temporary Licenses. None of the provisions of this section shall in any way interfere with the authority of the New Jersey Division of Alcoholic Beverage Control and/or the Common Council to issue temporary licenses for the consumption of alcoholic beverages, pursuant to law.
c. 
Sidewalk Cafés. Consumption of alcoholic beverages at licensed sidewalk cafés shall be permitted as follows:
1. 
A retail food establishment that does not possess a liquor license may permit its patrons to consume only beer or wine, which is brought to the premises, by its patrons.
2. 
Subject to the City leasing or licensing the appropriate sidewalk area so it has a tenant interest in the property, a retail food establishment possessing a plenary retail consumption license, after having the area designated in the approved "Café Plan" and having been granted a place-to-place liquor license transfer, as defined by the Alcoholic Beverage Control Division, may permit the consumption of alcoholic beverages by its patrons.
3. 
Retail food establishments shall display readily noticeable and recognizable four-inch by four-inch (4"x4") colored signs to indicate whether or not they desire to permit the consumption of alcoholic beverages as follows as attached hereto and made a part hereof:
003 alcohol.tif
"Alcoholic consumption is permitted" — Green
003 non alcohol.tif
"Alcoholic consumption is not permitted" — Red
[1983 Code Part VI T.1 § 10; Ord. No. 1899 § 1; Ord. No. 01-2463 § 1; Ord. No. 01-2474 § 1]
a. 
Any person, directly or indirectly, to distribute, or possess or to have under his control with intent to distribute an alcoholic beverage to a minor.
b. 
Any person who has ownership or control of any premises, public or private, or supervision of any event, public or private, to permit, suffer, or allow the consumption of an alcoholic beverage by a minor.
c. 
However, it shall not be unlawful for a parent, guardian or relative of such minor who has attained the legal age to purchase and consume alcoholic beverages, to distribute, or to possess or have under his control with intent to distribute to such minor child an alcoholic beverage on private property within the City of Summit.
d. 
For purposes of this section "distribute" means the actual, constructive, or attempted transfer of an alcoholic beverage from one person to a minor whether or not there is agency relationship.
[Ord. No. 01-2463 § 1]
a. 
Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent offense. The Court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months the driving privilege of the defendant.
b. 
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 Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.
c. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by the State, the Court shall immediately collect the license and forward it to the Division 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 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 the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e. 
The Court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the Court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
f. 
This section does not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possession 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.
g. 
This section does not prohibit 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 hotel management program at a County vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, 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.
[1983 Code Part VI T.3; Ord. No. 01-2463 § 1]
a. 
It shall be unlawful for any person under the legal age to have, possess, carry, distribute, transport or consume any alcoholic beverages in any public or quasi-public place, or on any street, highway, avenue, road, or alley within the City of Summit.
b. 
The provisions of paragraph a shall not apply to any person who has obtained an employment permit from the State Director of Alcoholic Beverage Control, if such person is actually engaged in the performance of his employment.
[Ord. 10/21/47; 1983 Code Part VI T.5 § 1]
No person shall ride or propel a bicycle upon any street or other public property in the City unless the same has been registered in the manner herein provided.
[Ord. 10/21/47; Ord. No. 1174 § 5; 1983 Code Part VI T.5 § 2; Ord. No. 2254 § 5, I 14]
Application for a registration tag and a registration card shall be made by the owner to the City Clerk upon a form approved by the Common Council. Upon receipt of the application and the registration fee of three ($3.00) dollars, a registration tag and a registration card will be issued. The registration tag shall be securely mounted on the rear wheel fender of the bicycle in such a manner as to be conspicuous at all times. The registration card shall show the name and address of the owner registration tag number, bicycle make, color and serial number. All registration tags and registration cards issued pursuant to this chapter shall be valid permanently unless sooner suspended for a violation of this section.
[Ord. 10/21/47; Ord. No. 1174 § 5; 1983 Code Part VI T.5 § 3]
Upon the transfer of ownership of any bicycle, the original owner shall remove the registration tag therefrom and shall immediately notify the City Clerk of the name and address of the purchaser.
[Ord. 10/21/47; Ord. No. 1174 § 5; 1983 Code Part VI T.5 § 4; Ord. No. 2254 § 5, I 14]
Any registration tags or cards which are lost, destroyed or defaced shall be replaced by the City Clerk upon the payment of a fee of one ($1.00) dollar.
[Ord. 10/21/47; 1983 Code Part VI T.5 § 5]
The Police Officers of the City, in the event a bicycle is being used or operated without the aforesaid registration tag in legible condition, or is in such condition as be unfit for safe operation, may impound and confiscate the bicycle until such time as the person or persons owning it have procured the necessary registration tag and registration card, or have rendered the bicycle safe for use.
[Ord. 10/21/47; 1983 Code Part VI T.5 § 6]
Any person violating any of the provisions of this section shall be subject to a fine not exceeding twenty-five ($25.00) dollars or imprisonment not exceeding twenty-five (25) days or both, in the discretion of the Court.
[Ord. 3/22/77; 1983 Code Part VI T.4 § 1; Ord. No. 2254 § II; Ord. No. 2417 § 1]
The "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq. and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq. and the amendments and supplements thereto are hereby adopted and are operative within the City and shall govern the licensing, holding, conduct, fees and operation of specific kinds of games of chance, as are defined and restricted in such Statutes.
a. 
Organizations Eligible for License. No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide situs established in good faith within the State of New Jersey and actively engaged in serving one (1) or more of the authorized purposes as defined by the rules and regulations of the "Legalized Games of Chance Control Commission."
b. 
Games of Chance During Elections Prohibited. No game of chance shall be conducted under any license at any time during which a general, municipal, primary or special election is being held, while the polls are open for voting at election.
c. 
Games of Chance Permitted on Sunday. Licensee shall be permitted to conduct games of chance on Sunday.
d. 
The fee for a bingo or raffle license shall be the fee established pursuant to N.J.A.C. 13:47-4.10.
[Ord. No. 13-3007]
The City Clerk is hereby authorized and delegated the authority to approve the granting of raffle and bingo licenses to be held in the City of Summit.
[Ord. No. 2016 § 2; 1983 Code Part VI T.56 §§ 1, 2]
Editor's Note: A copy of this Drug-Free School Zone Map can be found following this Section 3-6.
a. 
In accordance with and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7), the Drug-Free School Zone map produced on or about February 1, 1988 by Thomas K. Kirwin, City Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality 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 one thousand (1,000) feet of such school property.
b. 
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-6.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. No. 2016 § 3; 1983 Code Part VI T.56]
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 City Engineer and the City Solicitor of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. No. 2016 § 4; 1983 Code Part VI T.56]
The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-6.1 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 copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Union County Prosecutor.
Editor's Note: A copy of this Drug-Free School Zone Map can be found following Section 3-6.
[Ord. No. 2016 § 5; 1983 Code Part VI T.5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-6.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
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 one thousand (1,000') feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein 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, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation to the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-6.1. 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 the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone map have been complied with.
Drug Free School Zones Map
003 drug free map.tif
[Ord. No. 1736, Preamble]
The Common Council of the City of Summit, County of Union, has determined that the deposit of garbage, cans, bottles, cartons, and other types of refuse, together with handbills, advertisements, brochures, flyers, shoppers, and other unsolicited commercial matter, printed or otherwise, on private property and public ways adjacent to private property, creates an unsightly and unsanitary condition within the City of Summit and may signal the absence of the residents of the property and thereby constitutes both a public and private nuisance.
[Ord. No. 1736 § 1; 1983 Code Part VI T.19 § 1]
As used in this section:
PRIVATE PROPERTY
Shall mean and include any dwelling or structure, whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling or structure.
PUBLIC PROPERTY
Shall mean and include the areas from the side edge of a highway, street or road, whether or not curbed, to and including the sidewalk, if any, and if no sidewalk, to the front property line of the adjacent private property, and all areas used for streets, any public park, playground, municipal building or other public installation, including driveways, parking area, walks, paths and other public ways thereupon.
[Ord. No. 1736 § 2; 1983 Code Part VI T.19 § 2]
It shall be unlawful for any person to place upon, deliver, deposit, throw upon, leave or abandon within or upon any private property or public property in the City any garbage, cans, bottles, cartons and other types of refuse, or any handbills, advertisements, brochures, flyers, or other unsolicited commercial matters printed or otherwise, of every kind or nature whatsoever.
[Ord. No. 1736 § 3; 1983 Code Part VI T.19 § 3]
The provisions of this section shall not be applicable to the delivery of:
a. 
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
b. 
Parcels, packages and materials by and in accordance with the rules of utilities licensed or regulated for such purposes, and those delivered by vendors where ordered by the owner or occupant of the recipient premises.
c. 
Newspapers and other publications and periodicals only if subscribed to by the owner or occupant of the recipient premises, provided either (1) placed firmly in a receptacle designed for such purpose or (2) if none, then tightly wrapped or otherwise bound to prevent blowing or scattering upon the recipient premises or adjacent areas.
d. 
Laundry, dry cleaning, dairy, bakery and similar food products, and commercial product sampling, by agreement with or invitation of the owner or occupant of the recipient premises.
e. 
Solicitation cards, brochures and flyers by duly authorized bona fide nonprofit charitable organizations, including, but not limited to, United Way, American Red Cross, religious, educational, medical and Volunteer Police, Fire and Ambulance organizations, provided packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas and provided same are permitted under the terms of the Charitable Solicitation Ordinance.
f. 
Noncommercial handbills of a political or other nature whose distribution is or may be protected by constitutional rights of free speech, provided packaged and placed in such manner as not to blow and scatter upon the recipient premises or adjacent areas.
g. 
Unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, provided distribution of same is in compliance with this section, and further provided packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
[Ord. No. 1736 § 4; 1983 Code Part VI T.19 § 4; Ord. No. 2254 § 5 II; Ord. No. 2393 § 1; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2918]
The delivery of unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, shall qualify for the exception provided for in subsection 3-7.4g subject to and contingent upon initial and continuing compliance with the following requirements:
a. 
License. The publisher or distributor shall, prior to such delivery, apply to the City Clerk for an annual license, to be effective from July 1 to the following June 30 (or any portion thereof), on forms to be prescribed by the City Clerk, requiring, in part, complete information about the publisher, distributor, the publication concerned, frequency of distribution and designating specific persons (with addresses and telephone numbers) responsible for compliance with this section. The fee for a license shall be one hundred sixty-five ($165.00) dollars per year, or any portion thereof, to cover costs of processing the applications and administering the requirements provided for herein.
b. 
Objection to Delivery.
1. 
The owner or occupant of any property within the City shall have the right, in writing, at any time, to transmit to any of the specifically designated persons referred to in the preceding subsection notice of objection to the continued delivery of any such unsolicited and unsubscribed publication by a licensee, and the licensee shall prepare and maintain at all times on a current basis, a list of the names and addresses of such objectors which shall be sent to the City Clerk upon request.
2. 
Such notice of objection shall continue in effect until revoked, and it shall be deemed a violation of this section for any licensee to deliver, or continue to deliver, any such unsolicited and unsubscribed publication to any such objecting owner or occupant whose name appears on the list of objectors.
3. 
If the newspaper is delivered in error to an owner or occupant on the list of objectors, the publisher or distributor shall be required to retrieve it from the property by mid-day of the next business day after the owner or occupant on the list of objectors notifies the publisher or distributor of the objected delivery.
4. 
Failure of the publisher or distributor to retrieve the newspaper, or if the newspaper is delivered a third time within any twelve (12) month licensing period to any single address on the list of objectors shall be considered a violation of this section of the Code.
5. 
A publisher or distributor with a license and a plan to prevent littering who has shown flagrant disregard of the desires of an owner or occupant on the list of objectives shall be deemed to have violated this section.
c. 
Plan to Prevent Littering. If the periodical is a newspaper distributed free of charge on approximately a weekly basis, the newspaper may annually submit to the City Clerk, prior to distribution, a plan to prevent the newspaper from becoming a litter problem and to accommodate such persons who may object to delivery. If such plan is found to be satisfactory to the City Clerk, such periodical shall not be prevented from having its license granted or renewed in the absence of flagrant violations of the plan which the periodical shall fail to cure.
[Ord. No. 1736 § 5; 1983 Code Part VI T.19 § 5; Ord. No. 2393 § 1]
The City Clerk may, in addition to the penalties provided for herein for violations, either suspend, revoke or refuse to renew any such license where ten (10) or more violations of this section by the licensee shall have occurred within any annual license period, provided the licensee is first given ten (10) days advance written notice of any such action and a hearing. Such action shall not be taken by the City Clerk if such licensee submits, and attempts to effectively implement, a plan to prevent any further violations. In the event that the City Clerk fails to grant, suspends, revokes, or refuses to renew any such license, the licensee shall have the right to appeal to the Common Council.
[Ord. No. 1736 § 6; 1983 Code Part VI T.19 § 6; Ord. No. 2393 § 1]
Each violation of the provisions of this section, whether the same shall occur on the same day or on succeeding days, shall be deemed to be a separate violation hereof.
[Ord. No. 1736 § 7; 1983 Code Part VI T.19 § 7; Ord. No. 2393 § 1]
Any person, firm or corporation violating any of the provisions of this section shall pay a fine not exceeding one hundred ($100.00) dollars.
[Ord. No. 2016-3112]
The following acts are prohibited:
a. 
Disturbing the peace and quiet of the City or of any neighborhood, family or person within the City by loud or unnecessary noise, or knowingly to permit such noise.
b. 
Without in any way limiting the provisions of this section hereof, the following acts are specifically prohibited:
1. 
The use of electronic, electrical or mechanical loudspeakers or amplifiers on trucks or other vehicles for advertising or other commercial purposes.
2. 
The construction, demolition, repair, paving, or alteration of buildings or streets or excavation other than for emergency work to provide or repair utility services, except during the following hours:
Weekdays and Saturdays
Sunday
8:00 a.m. to 7:00 p.m.
9:00 a.m. to 7:00 p.m.
Except that there shall be no construction by contractors on Sundays.
Any person or entity which desires a waiver from subsection 3-8.1b2 shall apply to the City Administrator for a waiver from the permitted hours. Applications for a waiver from the permitted hours shall be filed with the City Administrator.
(a) 
Purpose.
The purpose of providing a procedure for a waiver is to address unique circumstances where adhering to the noise restrictions contained in subsection 3-8.1b2 would result in an arbitrary or unreasonable hardship upon the applicant. The City Administrator should only grant a waiver sparingly and not as a matter of routine.
(1) 
Application.
The application shall include, but not be limited, to the following:
i. 
The nature and location of the noise source for which application is made;
ii. 
The beginning and ending dates for which the waiver is sought;
iii. 
The reason for which the waiver is requested, including the hardship that will result to the applicant or the public if the waiver is not granted;
iv. 
The nature and intensity of noise that will occur during the period of the waiver;
v. 
A description of interim noise control measures which are to be taken by the applicant to minimize noise and the impacts occurring therefrom;
vi. 
The applicant shall certify that the applicant made a reasonable effort to notify the owners of properties adjoining the property the subject of the application. The notification shall include a copy of the application filed with the City Administrator;
vii. 
Failure to supply the required information is cause for rejection of the application, and
viii. 
A copy of the application and waiver, if granted, will be kept on file by the City Clerk. Upon receipt of the waiver, the City Clerk will mail a copy of the waiver by regular mail to the adjoining property owners.
(2) 
City Administrator's Discretion. The City Administrator may, at his or her discretion, limit the duration of the waiver to a lesser period than requested. Any applicant who receives a waiver may request an extension following the provisions of subsection 3-8.1b2.
(3) 
Applicant's Proofs. The City Administrator shall not approve a waiver unless the applicant presents adequate proof that: (i) noise levels occurring during the period of the waiver will not constitute a danger to public health, and (ii) compliance with the specified hours would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefit to the public.
(4) 
Factors to be Considered. The City Administrator in making a determination shall consider: (i) the character and degree of injury to, or interference with, the health and welfare or the reasonable use of property; (ii) the social and economic value of the activity for which the variance is sought and (iii) the ability of the applicant to apply best practical noise control measures.
(5) 
The time within which the City Administrator has to act. The City Administrator shall act within ten (10) days of the filing of the application with the City Administrator. However, if the City Administrator does not act within the ten (10) days, the application is deemed denied.
(6) 
Revocation of Waiver. The City Administrator may revoke the waiver if: (i) the terms and conditions of the waiver are violated; (ii) there was a material misrepresentation of fact in the waiver application; (iii) there is a material change in any of the circumstances relied upon by the City Administrator in granting the waivers, or (iv) the City Administrator determines that the waiver is having a detrimental effect.
(7) 
Appeals. An appeal of the City Administrator's decision may be made to the Common Council as provided in subsection 3-8.3.
3. 
The use of any drum, bell, radio, loudspeaker or amplifier or other sound-producing instrument or device for the purpose of advertising, or attracting, by creation of such noise, customers, or prospective customers, or other persons to any business mercantile or commercial establishment, performance, show, sale, sale at auction, or display of merchandise.
4. 
The operation or use of any power lawnmower, leafblower, chainsaw, woodchipper, power washers or similar property maintenance device, other than snow plows or snow blowers, by commercial or public users, except during the following hours:
Weekdays
Saturdays
Sundays and Holidays
Commercial
8:00 a.m. to 6:00 p.m.
9:00 a.m. to 6:00 p.m.
Not permitted
Public
8:00 a.m. to 8:00 p.m.
9:00 a.m. to 6:00 p.m.
9:00 a.m. to 6:00 p.m.
Golf Courses
6:30 a.m. to 8:00 p.m.
6:30 a.m. to 6:00 p.m.
6:30 a.m. to 6:00 p.m.
5. 
The playing of any radio, television set, phonograph, musical instrument or other machine or other device for the production or reproducing of sound, in such a manner or with such intensity, so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence.
6. 
The operation of any air conditioner so as to annoy or disturb the comfort, repose, peace or sleep of any person.
7. 
The playing of any radio, tape player, musical instrument, or other machine or other device for the production or reproduction of sound in a public place in such a manner or with such intensity so as to annoy or disturb the quiet, comfort, or peace of persons in the public place or on nearby or adjoining properties, unless permission for any of the foregoing has been granted by the City Clerk. Such permission may be granted if written application is made to the City Clerk stating the time, place and purpose of such activity and if the City Clerk determines that such activity will not adversely affect the safety and general welfare of the public.
8. 
The operation of any service station, including auto repair facilities, that is/are located less than two hundred (200') feet from a residential lot in a residential zone, which is to be measured from the perimeter of the lot line to the nearest point of a residential lot in a residential zone, between the hours of 11:00 p.m. and 6:00 a.m.
[Ord. No. 2125 § 1; 1983 Code Part VI T.21 § 16; Ord. No. 2292 § 2; Ord. No. 2328 § 1; Ord. No. 10-2926; Ord. No. 2016-3112]
[1]
Editor's Note: Noise prohibitions were previously established by ordinances adopted on 8-18-31; 7-2-35 and 8-21-45
[1983 Code Part VI T.21 § 16]
a. 
Definitions:
1. 
ANSI shall mean American National Standards Institute.
2. 
Commercial operation shall mean any facility or property used for the purpose or utilization of goods, services, or land or its facilities, including but not limited to:
(a) 
Commercial dining establishments
(b) 
Noncommercial vehicle operations
(c) 
Retail services
(d) 
Wholesale services
(e) 
Banks and office buildings
(f) 
Recreation and entertainment
(g) 
Community services
(h) 
Public services
(i) 
Other commercial services
3. 
Commercial Motor Vehicle Operation shall mean any facility or property used primarily for the dispatching, garaging, servicing, maintaining, selling, or leasing of any truck registered at a gross weight in excess of six thousand (6,000) pounds, omnibus, tractor, trailer, semitrailer, pole-trailer, or any vehicle registered in this State engaged in interstate commerce which is now or hereafter subject to regulation and license by the Interstate Commerce Commission and/or the Bureau of Motor Carrier Safety of the Federal Highway Administration.
4. 
Continuous airborne sound shall mean sound that is measured by slow response setting of sound level meter.
5. 
Decibel shall mean a unit for measuring the intensity of sound equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated dB.
6. 
dBA shall mean the abbreviation of the unit of measured sound level expressed in dB when using the A-weighting of a sound level meter.
7. 
Emergency energy release device shall mean emergency safety devices expressly used to release excess energy which do not have regularly scheduled operation. Process control devices are not to be considered emergency devices.
8. 
Frequency shall mean the number of oscillations per second; expressed in hertz (abbreviation Hz).
9. 
Impulsive sound level shall mean the sound level of an impulsive sound measured with a sound level meter with its selector switch on "impulse" or "I".
10. 
Industrial operation shall mean any facility or property used for the following:
(a) 
Storage, Warehouse or Distribution, provided that the operation shall not be construed to be an industrial operation when it is part of a commercial motor vehicle operation as defined herein.
(b) 
Property used for the production and fabrication of durable and nondurable man-made goods.
(c) 
Activities carried out on the property.
11. 
IEC shall mean International Electrotechnical Commission.
12. 
Octave band sound pressure level shall mean sound pressure level measured in decibels in standard octave bands with a sound level meter.
13. 
Residential property shall mean property used for human habitation, including but not limited to the following:
(a) 
Commercial living accommodations, commercial property used for human habitation.
(b) 
Recreational and entertainment property used for human habitation.
14. 
Sound level shall mean the level of a sound measured in dBA units with a sound level meter with its selector switch set for the A-weighting.
15. 
Sound Level Meter shall mean an instrument or instruments for the measurement of sound pressure level, sound level, octave band sound pressure level, and impulsive sound level. For the measurement of sound pressure level and sound level, the sound level meter shall conform to ANSI standard specification for sound level meters (S1.4-1971, Type 2 (General Purpose); for the measurement of octave band sound pressure level, it shall also conform to ANSI standard specification S1.11-1966, Type E, Class II; for the measurement of impulsive sound level only, it shall conform to IEC standard 651, Type 1.
16. 
Sound Pressure Level shall mean the level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.
b. 
Prohibitions - Industrial or Commercial Operations or From Residential Property. No person shall cause, suffer, allow or permit sound from any industrial or commercial operation or residential property which, when measured at any residential property line, is in excess of any of the following:
1. 
From 7:00 a.m. to 10:00 p.m.
(a) 
Continuous airborne sound which has a sound level in excess of 65 dBA; or
(b) 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands; or
Octave Band Center Frequency
Octave Band Sound Pressure Level
(dB)
(Hz)
31.5
96
63
82
125
74
250
67
500
63
1000
60
2000
57
4000
55
8000
53
(c) 
Impulsive sound in air which has an impulsive sound level in excess of 80 dBA.
2. 
From 10:00 p.m. to 7:00 a.m.
(a) 
Continuous airborne sound which has a sound level in excess of 50 dBA; or
(b) 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands; or
Octave Band Center Frequency
Octave Band Sound Pressure Level
(Hz)
(dB)
31.5
86
63
71
125
61
250
53
500
48
1000
45
2000
42
4000
40
8000
38
(c) 
Impulsive sound in air which has an impulsive sound level in excess of 80 dBA.
c. 
Prohibitions - Industrial or Commercial Operations to Commercial Property. No person shall cause, suffer, allow or permit sound from any industrial or commercial operation which, when measured at the property line of any other commercial operation, is in excess of any of the following:
1. 
Continuous airborne sound which has a sound level in excess of 65 dBA; or
2. 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one (1) or more octave bands; or
Octave Band Center Frequency
Octave Band Sound Pressure Level
(Hz)
(dB)
31.5
96
63
82
125
74
250
67
500
63
1000
60
2000
57
4000
55
8000
53
3. 
Impulsive sound in air which has an impulsive sound level in excess of 80 dBA.
d. 
Exceptions. The operational performance standards established in this subsection shall not apply to any of the following noise sources:
1. 
Agriculture.
2. 
Bells, chimes or carillons while being used in conjunction with religious services or observances.
3. 
Commercial motor vehicle operations.
4. 
Emergency energy release devices.
5. 
Emergency work to provide or repair utility services.
6. 
National Warning System (NAWAS) used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the N.J. Civil Defense & Disaster Control Agency.
7. 
Noise of aircraft flight operations.
8. 
Public celebrations.
9. 
Public roadways.
10. 
Surface carriers engaged in commerce by railroad.
11. 
The unamplified human voice.
12. 
Use of explosive devices. These are regulated by the N.J. Department of Labor & Industry under the 1960 Explosive Act (R.S. 21:1-27).
13. 
The discharge of firearms under police direction at the police firing range.
e. 
Performance Test Principle. For the purposes of measuring sound in accordance with the applicable provisions of this section, test equipment methods and procedures shall conform to standards as published by the New Jersey Department of Environmental Protection, or its equivalent.
[1983 Code Part VI T.21 § 17]
a. 
Any person aggrieved by any action of the City Clerk, Fire Director-Chief, or Chief of Police, in the denial or suspension of a permit, shall have the right of appeal to the Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
An appeal may be made to the Common Council by any person aggrieved by a decision of the Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with the fee of twenty-five ($25.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 1989 § 1; 1983 Code Part 1, App. VII; 1983 Code Part VI T.56]
As used in this section:
COMMERCIAL VEHICLE
Shall mean and includes, but is not limited to vehicles with the following types of registrations: commercial, contractor, omnibus, used-car dealer, and school bus. Where a vehicle is used primarily for commercial purposes, it shall be construed to be a commercial vehicle.
RESIDENTIAL STREET
Shall mean any street, or portion thereof, not within five hundred (500') feet along the adjacent curb line of a commercial enterprise.
[Ord. No. 1989 § 2; 1983 Code Part 1, App. VII and 1983 Code Part VI T.56]
The continuous parking of commercial vehicles is prohibited on any residential street except when the owner and or operator shall be actively engaged in the performance of his/her trade at a residence on the street on which the vehicle is parked.
[Ord. No. 1989 § 3; 1983 Code Part I App. VIII; 1983 Code Part VI T.55; New]
Any person violating any provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1983 Code Part VI T.21 § 1; Ord. No. 2292 § 1]
As used in this section:
HOLIDAYS
Shall mean those recognized by the Federal Government namely:
New Year's Day
Labor Day
Martin Luther King's Day
Columbus Day
Presidents' Day
Veterans' Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
PERSON
Shall mean any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the State, municipality, industry, copartnership, or association, and including the plural thereof.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include any street, highway, road, alley, sidewalk, or railroad station. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern, theatre or other place of business, and public grounds areas, parks, the municipal swimming pool, municipal golf course, Board of Education buildings and land as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
[1983 Code Part VI T.21 §§ 2—17; Ord. No. 2230 § 1; Ord. No. 2398 § 1; Ord. No. 01-2514 § 1]
The following acts are prohibited:
a. 
Throwing, Discarding or Placing Trash or Other Objects.
1. 
Into any Street, Sidewalk or Private Place. Throwing, discarding or placing, or causing to be thrown, discarded or placed, any snow, ice, cans, bottles, glass, garbage, paper, stones, sticks, leaves, other vegetation matter, debris, junk, metal, abandoned vehicle, or any other hard, dangerous or offensive substances, including accumulations of the same or similar substances caused by drainage from a property, such as by gravity flow or by means of a sump pump or other similar device, upon any sidewalk, street, highway or public or private place, or at any car, train, bus, vehicle, house, building, fence, sign, street light, window or person, or which blocks reasonable vehicular access to legally established parking spaces reserved for handicapped drivers.
2. 
Into Bodies of Water. Throwing, discarding or placing, or causing to be thrown, discarded or placed, any snow, cans, bottles, glass, garbage, paper, stones, sticks, leaves, other vegetation matter, debris, junk, metal or any hard, dangerous or offensive substances into waters or any spring, pond, stream, lake, river or body of water, or discharging any sewage or waste into said waters or places or any of them, or polluting the said waters in any manner, or so placing any said articles that the acts prohibited above shall result therefrom. This section shall not prohibit the discharge of rain or surface water by means of a sump pump.
b. 
Property Owner's Responsibility with Regard to Handicapped Parking Spaces. This section shall not require any property owner to remove snowfall accumulations from handicapped parking spaces or the route of travel to these spaces beyond the requirements for other sidewalks and parking spaces established in Appendix J of the City's Development Regulations Ordinance. Residents with designated handicapped parking spaces at or on City streets are responsible for clearing access from their property to those spaces.
c. 
Throwing Trash or Other Objects on Sidewalks, Streets or Other Public or Private Places. Throwing, discarding or placing, or causing to be thrown, discarded or placed, any snow, cans, bottles, glass, garbage, paper, stones, sticks, leaves, other vegetation matter, debris, junk, metal or any hard, dangerous or offensive substances or engaging in the act of defecation or urination upon any sidewalk, street, highway or public or private place or at any car, train, bus, vehicle, house, building, fence, sign, street light, window or person.
d. 
Fireworks. Possessing, discharging, setting off, firing or lighting any roman candle, carbide cannon, dynamite cap, rocket, firecracker or other fireworks within the City, unless permission therefor has been granted by the City Clerk. Such permission may be granted if written application is made to the City Clerk, stating the time, place, a purpose of such fireworks, and if the City Clerk determines that such fireworks activities will not adversely affect the safety and general welfare of the public.
e. 
Discharging a Firearm. Firing or discharging any firearm, as defined in R.S. 2C:391.f, within the City unless otherwise permitted by law or unless authorized by the Council.
f. 
Posting of Advertisements. Mailing, tracking, pasting or in any way affixing any advertisement or notice of any kind or description on any tree, street light or telephone pole, in, upon or within any street, or placing, posting, marking or drawing upon any fence, billboard, door, wall, window, building, sidewalk, pavement or other surface exposed in or from any street or place except on business premises in an area where the business is lawfully permitted and subject to other municipal ordinance relating thereto, or unless permission therefor is granted by the City Clerk for a meritorious public purpose.
g. 
Inhumane Treatment of Animals. Inhumanely treating or otherwise abusing any animal or failing to provide an animal in one's possession with proper sustenance.
h. 
Begging or Soliciting Food or Monies. Begging or soliciting money or food within the City, except as otherwise permitted by law.
i. 
Display of Merchandise on Sidewalks. Displaying or permitting to display any goods, wares or merchandise upon the streets or sidewalks of the City unless permission to do so, together with the right to sell same and if deemed necessary, permission to close the appropriate streets for vehicular traffic, has been granted by, after the approval of the Chief of Police, the City Clerk after the determination that such permission would promote the general welfare and contribute to the success of a special event being celebrated in the City.
j. 
Destruction or Removal of Public or Private Property. Maliciously, wantonly, purposely or recklessly injuring, defacing, destroying or removing real property or improvements thereto, or personal property belonging to the City, or to any person in the City.
k. 
Use of Streets; Permission for Block Parties.
1. 
Engaging in any practice, sport or exercise in any street, which activity may endanger persons lawfully using such street, or engaging in a block party, unless permission for any of the foregoing has been granted by the Chief of Police. Such permission may be granted if written application is made to the Chief of Police stating the time, place and purpose of such activity and if the Chief of Police determines that such activity will not adversely affect the safety and general welfare of the public, subject to the terms and conditions as set forth in the application.
2. 
To grant permission, the Chief of Police is hereby delegated, for each block party, the authority to:
(a) 
Close streets.
(b) 
Waive the provisions of subsection 3-1.1, Consumption of Alcoholic Beverages in Public Streets or Public Places, of the Code.
(c) 
Limit its time period, which shall not be longer than between 12:00 noon and sundown.
l. 
Maintenance of Premises in Unwholesome Conditions. Maintenance by an owner, lessee, tenant or occupant of his or her yard or premises other than in a clean and wholesome condition. The allowing or permitting by an owner, lessee, agent, tenant or occupant of premises of any accumulation of garbage, manure, offal, rubbish, stagnant water or any filthy liquid or substance or anything that is or may become putrid or offensive, to remain on his or her premises.
m. 
Intent to Steal. Hiding or being in or near any public or private place with an intent to steal any goods or chattels.
n. 
Conduct Restricted from Disturbing Other Persons. Any conduct in a public or quasi-public place in such manner as will:
1. 
Disturb a person of ordinary sensibilities[1] so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public. A disturbance within the scope of this paragraph is the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing, they are made.
[1]
Editor's Note: See also Section 3-8, Noise Restrictions.
2. 
Obstruct the free passage of pedestrians or vehicles.
3. 
Obstruct, molest, or interfere with any person lawfully in any public place as defined herein.
4. 
A person shall be in violation of any subsection of this section if that person performs conduct in a public place described in that subsection and does not cease such conduct when so ordered by a Police Officer.
o. 
Keeping, Storing or Abandoning an Unlicensed Motor Vehicle. Keeping, storing, abandoning, or leaving upon any parcel of land, street, road, alleyway, parkway or public place in the City any motor vehicle not currently used for transportation and not being licensed for the current year, or any unused machinery or equipment, provided however that nothing herein contained shall be deemed to prohibit the placing, keeping, storing, or abandoning of any such motor vehicle, machinery or equipment in a garage or other building in the City.
p. 
Appeal.
1. 
Any person aggrieved by any action of the City Clerk, Fire Director-Chief, or Chief of Police, in the denial or suspension of a permit, shall have the right of appeal to the Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
2. 
An appeal may be made to the Common Council by any person aggrieved by a decision of the Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of twenty-five ($25.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 1587, Preamble]
The obstruction of public streets, sidewalks, driveways and municipal parking areas by shopping carts abandoned or left thereon creates a dangerous and hazardous condition to the public.
[Ord. No. 1587 § 1]
It shall be unlawful for any person to remove a shopping cart from any business premises within the City and then to abandon the shopping cart off the business premises of the owner of the shopping cart. There shall be a rebuttable presumption that a shopping cart is abandoned when it is left empty and unattended by the user, off the business premises of the owner of the shopping cart.
[Ord. No. 1587 § 2]
Any shopping cart provided or made available for use by any owner, its agent or employee, shall have securely attached thereto a plainly visible plastic or metal identification tag. The name and address of its owner and location of the premises where it is actually available for use shall be legibly printed on the identification tag.
[Ord. No. 1587 § 3]
The Police Department is authorized to remove and impound any shopping cart found abandoned within the City.
[Ord. No. 1587 §§ 3, 4]
Where the owner of such shopping cart cannot be ascertained or the cart remains unclaimed for a period of thirty (30) days, the Chief of Police may sell such shopping cart at public sale in a manner as required by law.
Where any such shopping cart shall remain unsold at public sale, the Chief of Police may dismantle, destroy or otherwise sell or dispose of the shopping cart. Any public sale or other disposition of shopping carts pursuant to this section shall be without liability on the part of the City to the owner of such property or other person lawfully entitled thereto or having an interest therein.
[Ord. No. 1587 § 5]
Within thirty (30) days after redemption, the Chief of Police shall pay over to the City Treasurer the amount received for the redemption and at the time deliver to the Treasurer a detailed statement concerning the redemption including the identity of the property and the name and address of and the amount received from the redemptor.
Within thirty (30) days after a public sale or disposition other than redemption of shopping carts, the Chief of Police shall pay over to the City Treasurer of the sale or other disposition of the shopping carts and at the same time deliver to the Treasurer a detailed statement including the identity of the property, the name and address of and the amount paid by the purchaser and the costs and expense of such sale.
[Ord. No. 1587 § 6]
Any person or owner of a shopping cart who shall be found to be in violation of this section shall be subject to a fine not to exceed twenty-five ($25.00) dollars.
[Ord. No. 2306]
The State of New Jersey, Department of Environmental Protection, Division of Fish, Game and Wildlife, hereinafter called the Division and the Fish and Game Council and the Common Council recognizes that deer-human conflicts exist, particularly at the interface of suburban/urban areas and deer habitat, near large tracts of public land and private land and within isolated pockets of undeveloped lands, such as County parks, industrial complexes, private estates and quasi-public watersheds.
The Division and the Common Council further recognize that in some cases traditional control methods may not adequately address the deer control needs of suburban areas and that alternative deer control methodologies are required in some areas.
The Common Council is concerned with the negative impacts of white-tailed deer both within the City and adjacent private properties, including deer/vehicle collisions, damage to ornamental plantings and the reduction and elimination of native plant communities.
[Ord. No. 2306 § 1]
The Mayor and City Clerk be and they are hereby authorized to sign the Memorandum of Understanding with the Division and the Fish and Game Council, which is attached hereto and made a part hereof.[1]
[1]
Editor's Note: The Memorandum of Understanding referred to herein may be found on file in the office of the City Clerk attached to Ordinance No. 2306.
[Ord. No. 2019 §§ 1-5; 1988 Code Part I, Appendix VIII]
a. 
The right-of-way of Chestnut Avenue from Springfield Avenue to a point one hundred thirty (130') feet southerly therefrom, as bounded and depicted on the attached Schedule A, referred as The Transitway shall be closed to motor and pedal operated vehicles.[1]
[1]
Editor's Note: Schedule A can be found at the end of this section.
b. 
Fire, police or other emergency vehicles shall not be prohibited from use of The Transitway in their performance of safety services.
c. 
Signage shall be in conformance with the Manual On Uniform Traffic Control Devices and at the locations depicted on Schedule A.
d. 
Whenever any member of the Summit Police Department finds a vehicle upon The Transitway in violation of this section, such member of the Police Department may move or secure the removal of such vehicle to such garage or place for the impounding of such vehicles, and such vehicle shall be there retained and impounded until the person owning such vehicle shall pay the cost of such taking and removal together with a reasonable garage charge for each and every day such vehicle is retained and impounded.
e. 
Unless another penalty is expressly provided in New Jersey Statutes, every person convicted of a violation of a provisions of this section or any supplement thereto shall be liable to a penalty of not more than fifty ($50.00) dollars or imprisonment for a term not exceeding fifteen (15) days or both.
TRANSITWAY
(Section 3-15)
003 Schedule A transit way.tif