[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]
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:
 |
"Alcoholic consumption is permitted" — Green
|
 |
"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
 |
[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:
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.
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 as stated in Chapter A Schedule of Fees Appendix, Unsolicited and Unsubscribed Commercial Publications; Licenses, 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.
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.
Property maintenance dev++ices.
[Amended 4-6-2021 by Ord. No. 21-3231]
(a)
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.
|
(b)
Notwithstanding anything to the contrary in any section, the operation
or use of any gas-powered (not electric or battery-powered) leaf blower
is prohibited within the City at all times from June 1, 2021, through
August 31, 2021. This prohibition applies to all users.
(c)
Any responsible party violating Subsection 3-8.1b(4)(b) shall be,
on the first offense, given a warning and informed about the prohibition.
Any responsible party violating Subsection 3-8.1b(4)(b) shall be subject
to a fine upon conviction hereof, not exceeding $100 for the second
offense, $250 for the third offense, and $500 for the fourth and any
subsequent offenses. The term "responsible party" shall mean (i) the
individual who operates the gas-powered leaf blower, or (ii) in the
event such individual is employed by or is an independent contractor
for a lawn maintenance company or entity, then such company or entity
will be solely responsible for the payment of such fines.
(d)
In the event of a hurricane, tropical storm, or similar extreme storm
event or emergency, the Mayor of the City of Summit may, at his/her
sole discretion, temporarily suspend the application of Subsection
3-8.1b(4)(b) for the purposes of debris cleanup or for such other
emergency purposes.
(e)
The Summit Police Department or the Department of Community Services
shall have the authority to enforce the provisions of this section.
(f)
Any person or entity that desires a waiver from Subsection 3-8.1b(4)(b)
in order to use a gas-powered leaf blower(s) shall file a waiver with
the Director of the Department of Community Services (hereinafter
referred to in this section as "applicant"). The Director shall only
grant a waiver sparingly and not as a matter of routine.
[Added 5-4-2021 by Ord.
No. 21-3234]
(1)
Application. The application for a waiver shall include, but
not be limited, to the following:
(i)
Name of applicant, address of applicant and contact information
for the applicant;
(ii)
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;
(iii)
The duration of the waiver sought (e.g., times
and days);
(iv)
The address or addresses where the waiver will
apply;
(v)
A description of interim noise control measures which are to
be taken by the applicant to minimize noise and the impacts occurring
therefrom; and
(vi)
A description of the type of gas-powered leaf
blower and the number of units to be used.
|
A copy of the application will made be available by the Department
of Community Services. Applications may be submitted at any time during
the pilot program. Any application and waiver, if granted, will be
kept on file by the City Clerk and the Clerk will notify the Department
of Community Services and the Police Department of each granted waiver.
|
(2)
Duration. The Director of the Department of Community Services,
may, at his discretion, limit the duration of the waiver to a lesser
period than requested.
(3)
Applicant's Proofs. The Director shall not approve a waiver
unless the applicant presents adequate proof that compliance with
Subsection 3-8.1b(4)(b) would be impractical or unreasonable. The
Director may, at his discretion, contact the applicant to seek additional
proofs or clarification.
(4)
Third-Party Submission of Application. In order for a third
party to submit an application on behalf of an applicant, the third
party must provide written notarized authorization from the applicant
and attach such documentation with any application. A third party
must have a direct connection to the work performed by the applicant
and explicitly state said nexus in the written notarized authorization.
(5)
Director's Discretion. The Director shall have the discretion
to impose conditions in order to minimize any public detriment that
may result from the waiver and any relief granted will be narrowly
crafted to address the specific hardship.
(6)
Time Frame for Approval. The Director shall act within 10 days
of receipt of a complete waiver application. If the Director does
not act within the 10 days, the application is deemed denied. The
Director will inform the applicant whether the application is complete
within 10 days of receipt and provide applicant to cure any defects.
Once approved, the Director will provide a copy of the waiver letter
to the address and/or contact information provided by the applicant.
(7)
Revocation of Waiver. The Director 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 Director in granting the waiver, or (iv) the Director
determines that the waiver is having a detrimental effect.
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:
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.
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:
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.
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]
[1983 Code Part VI T.21 § 1; Ord.
No. 2292 § 1]
As used in this section:
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
|
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.
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:
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.
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)
 |
[Added 2-6-2024 by Ord.
No. 24-3306]
The purpose of this section is to protect the health, safety,
and welfare of the residents of Summit by establishing certain provisions
that are intended to protect the security of residents in the City
from activities related to property, personal, and violent crimes.
[Added 2-6-2024 by Ord.
No. 24-3306]
a.
It shall be illegal and a violation of this section for a person
to enter or remain on any private driveway, private parking lot or
other location on private property in the presence of a stationary
motor vehicle, knowing that he or she is not licensed or privileged
to enter or remain, and commit any of the following acts:
b.
It shall be illegal and a violation of this section for a person
to be present inside a motor vehicle if another occupant of the motor
vehicle committed a violation of paragraph a prior to his or her entry
into the motor vehicle.
[Added 2-6-2024 by Ord.
No. 24-3306]
a.
It shall be illegal and a violation of this section for a person
to enter or remain on any private property he or she is not licensed
or privileged to enter or remain, and commit any of the following
acts:
1.
Pull a door handle, turn a doorknob, or take any action in an attempt
to open, unlock, or gain entry into a house, apartment, garage, or
other structure that the person does not own or have license or privilege
to enter or remain; or
2.
Enter any house, apartment, garage, or other structure that the person
does not own or have license or privilege to enter or remain.
b.
It shall be illegal and a violation of this section for a person
to be present inside any house, apartment, garage, or other structure
if another occupant committed a violation of paragraph a prior to
his or her entry into the house, apartment, garage, or other structure.
c.
It shall be illegal and a violation of this section for a person
to be present inside a motor vehicle if another occupant of the motor
vehicle committed a violation of paragraph a prior to his or her entry
into the motor vehicle.
[Added 2-6-2024 by Ord.
No. 24-3306]
a.
A violation of the provisions of this section shall, upon conviction
thereof, be punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
or by a period of community service not to exceed 90 days at the discretion
of the judge. Notwithstanding the foregoing, the minimum penalty shall
be a fine of $1,000 for the first offense and $2,000 for each subsequent
offense.
b.
Each act that constitutes a violation of this section shall be considered
a separate and distinct act that constitutes its own violation.
