[1982 Code § 145-1; Ord. No. 1160-4-05]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for depositing of litter.
Shall mean any and all streets, sidewalks, boulevards, alleys,
beaches or other public ways, and any and all public parks, squares,
spaces, docks, grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1982 Code § 145-2; Ord. No. 1160-4-05]
a.
No person shall sweep, throw, deposit or dump litter in or upon any
occupied, open or vacant property, whether owned by such person or
not, or in or upon any street, sidewalk, park or other public place
or any pond, lake or stream or other body of water within the Borough,
except in public receptacles or in authorized private receptacles
for collection. Persons placing litter in public receptacles or in
authorized private receptacles shall do so in such a manner as to
prevent it from being carried or deposited by the elements upon any
street, sidewalk or other public place or upon private property.
b.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
c.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[1982 Code § 145-2.1]
Any commercial landscaper, tree surgeon, arborer, gardener or
horticulturist performing services within the Borough shall remove
all trimmings, branches, tree stumps, clippings and other waste materials
resulting from the services performed by him from the premises which
he services and shall dispose of the same outside the geographic boundaries
of the Borough.
[1982 Code § 145-3]
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[1982 Code § 145-4]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough or upon private property.
[1982 Code § 145-5]
No person shall bring, cart, remove, transport or collect any
litter from outside this municipality into this municipality for the
purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the Borough shall
be parked or allowed to remain standing on any street in the Borough
or on any public property for a period in excess of two (2) hours.
[1982 Code § 145-6]
No person shall cast or place or cause to be cast or placed
any advertisement, handbill, circular or paper on any public street,
on sidewalks, into any vestibules or yards, upon porches of any dwelling
house or other buildings or into any vehicle while on the public highways
or on private property within the Borough, except that this subsection
shall not apply to newspapers and addressed envelopes delivered to
subscribers and addresses. Advertisements, handbills, circulars and
papers may be distributed in the Borough, provided they are securely
placed at each dwelling so as not to be blown away by the wind.
[Ord. No. 1160-4-05]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Little Ferry.
[1982 Code § 145-7; Ord. No. 1160-4-05; New]
[1982 Code § 145-8]
As used in this section:
Shall mean all packaging with cellulose-based or other substances
that are capable of being readily attached, decomposed, assimilated,
and otherwise completely oxidized or broken down by bacteria or other
natural biological organisms into carbonaceous solid material or water
and carbon dioxide.
Shall mean food packaging which uses chlorofluorocarbons
as blowing agents in its manufacture.
Shall mean the family of substances containing carbon, fluoride
and chlorine, having no hydrogen atoms and no double bonds.
Shall mean prepared food or beverages requiring no further
preparation to be consumed, either on the premises or which are normally
consumed within ninety (90) minutes of purchase and which are purchased
in order to be consumed off the vendor's premises.
Shall mean all bags, sacks, wrapping containers, bowls, plates,
trays, cartons, cups and lids on which or in which food or beverages
are placed or packages used on the food vendor's premises which are
not intended for reuse. "Food packaging" does not include forks, knives,
straws or single-service condiment packages.
Shall mean packaging using a polymer of styrene in the foam
state (expandable or extrudable polystyrene).
Shall mean places of business which operate primarily to
sell or convey foods directly to the ultimate consumer, which foods
are predominantly contained, wrapped or held in or on packaging and
shall include a drive-in restaurant, fast-food outlet, coffee shop,
cafeteria, delicatessen, luncheonette, grill, sandwich shop, soda
fountain, take-out prepared food place or similar establishment.
[1982 Code § 145-9]
a.
Retail food establishments located and doing business in the Borough are encouraged to sell or convey food in food packaging to retail purchasers or consumers only when the food is placed, wrapped or packaged in biodegradable packaging at the conclusion of the sales transaction, excepting food packaged in recyclable materials designated in Chapter 22, Solid Waste Management.
b.
No retail food establishment located and doing business within the
Borough shall sell, give or provide food packaging to any person who
is a retail purchaser or consumer, if such packaging is composed of
polystyrene foam or chlorofluorocarbons.
[1982 Code § 145-10]
Any person found guilty of violating any provision of this section shall be liable to the penalty stated in Chapter 1, Section 1-5. There shall be a minimum fine of one hundred ($100.00) dollars for each violation of the provisions of this section. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.
[1982 Code § 145-11]
This section shall be void upon the enactment or adoption of
any Federal and/or State law or regulation restricting the use of
polystyrene foam packaging or packaging containing CFC.
[1982 Code § 145-12]
a.
The Borough Clerk or his/her designee may exempt an item or type
of packaging from the requirements of this section upon a showing
that the item or type has no acceptable equivalent and that imposing
the requirements on that item or type would cause undue hardship.
The person seeking exemption pursuant to this subsection must supply
documentation, which shall include a list of suppliers contacted to
determine if substitutes are available.
b.
Notwithstanding the above procedure, all eating utensils and coffee
lids which may be produced and manufactured with polystyrene are hereby
exempted from the provisions of this section.
[1982 Code § 145-13]
The Municipal Recycling Coordinator and all law enforcement
officers are hereby authorized and empowered to perform as law enforcement
officers solely with respect to the enforcement of the provisions
of this section by being empowered to issue summons for any violations
thereof in accordance with the rules governing the courts of the State
of New Jersey.
[1982 Code § 154-1; amended 6-9-2020 by Ord. No. 1538-09-20]
It shall be unlawful for any person, at any time, to make or
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Borough, including but not limited to the
use and operation of any radio receiving set, television, musical
instrument, phonograph or other machine or device of the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants audible at a distance of 35
feet from the building, structure or vehicle in which it is located.
[1982 Code § 154-2; amended 6-9-2020 by Ord. No. 1538-09-20]
a.
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section. Nothing in this section shall be construed to limit the applicability of § 3-3.1:
1.
Radios;
Television; Phonographs. The using, operating or permitting to be
played, used or operated of any radio receiving set, television, musical
instrument, phonograph or other machine or device of the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of neighboring inhabitants or with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonograph, machine or device between
the hours of 10:00 p.m. and 8:00 a.m. in such manner as to plainly
audible at a distance of 35 feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this chapter.
2.
Yelling;
Shouting. Yelling, shouting, hooting, whistling or singing on the
public streets, particularly between the hours of 10:00 p.m. and 8:00
a.m., or any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any office, dwelling, hotel, motel or other
type of residence or of any persons in the vicinity.
3.
Animals; Birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5, Animal Control.
4.
Horns. The sounding of any horn or warning device on any automobile,
motorcycle, bus or other vehicle except when required by law or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impending danger to persons driving other vehicles
or to persons upon the street. No person shall sound any horn or warning
device on any automobile, motorcycle, bus or other vehicle which shall
emit an unreasonably loud or harsh sound or for any unnecessary or
unreasonable period of time.
5.
Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
6.
Defect in Vehicle or Load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
7.
Construction or Repair.[1] Excavation, demolition, construction, repair or alteration
work other than between the hours of 8:00 a.m. and 8:00 p.m. or on
Sunday. In the case of urgent necessity or in the interest of public
health or safety, the Superintendent of Public Works may grant a permit
for excavation, demolition, construction, repair or alteration work
for a period not to exceed three (3) days. The emergency permit may
grant permission for such work to be done between 8:00 p.m. and 8:00
a.m. or on Sunday.
8.
Schools; Courts; Churches; Hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same is in use, or adjacent to any hospital
which unreasonably interferes with the working of such institution
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in such street indicating that the
same is a school, hospital or court street.
b.
The above
enumeration is intended to give typical illustrations of prohibited
noise and shall not be construed as exclusive.
[1982 Code § 154-3]
Nothing herein contained shall be construed to apply to:
a.
The use of bells, chimes or sound amplifiers by churches engaged
in church activities.
b.
Activities of the municipal departments in the performance of their
duties, drills or public demonstrations.
c.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
d.
The playing by a band or orchestra in a hall or building or in the
open air.
[1982 Code § 154-4]
Sound trucks may be operated in accordance with the following
regulations upon the issuance of a permit by the Borough Council for
each occasion and each location:
a.
Sound trucks shall not be operated in residential or commercial zones
in the Borough before 9:00 a.m. and after 9:00 p.m.
b.
Moving sound trucks shall keep to the extreme right-hand side of
the road and shall proceed at a speed of not less than ten (10) miles
per hour.
c.
Stationary sound trucks are prohibited in all residential zones in
the Borough, but may be operated in commercial zones during the hours
referred to above.
d.
For the purposes of this section "residential zones" shall mean the
zones so described on the Zoning Map of the Borough and "commercial
zones" shall mean and include all parts of the Borough other than
the residential zones.
[Added 6-9-2020 by Ord. No. 1538-09-20]
a.
Violation
of any provision of this article shall be cause for an enforcement
document to be issued to the violator. The recipient of an enforcement
document shall be entitled to a hearing in the municipal court having
jurisdiction to contest such action.
b.
Any person
who violates any provision of this article shall be subject to a civil
penalty for each offense of not more than $3,000. If the violation
is of a continuing nature, each day during which it occurs shall constitute
an additional, separate, and distinct offense.
c.
No provision
of this article shall be construed to impair any common law or statutory
cause of action, or legal remedy therefrom, or any person for injury
or damage arising from any violation of this article or from other
law.
[1982 Code § 173-1]
a.
Riot.
b.
Failure of Disorderly Persons to Disperse upon Official Order. Where five (5) or more persons are participating in a course of disorderly conduct, as defined in subsection 3-4.2, likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.
[1982 Code § 173-2]
a.
Improper Behavior. A person is guilty of a petty disorderly persons
offense if, with a purpose to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
b.
Offensive Language. A person is guilty of petty disorderly persons
offense if, in a public place and with a purpose to offend the sensibilities
of a hearer or in reckless disregard of the probability of so doing,
he addresses unreasonably loud and offensively coarse or abusive language,
given the circumstances of the person present and the setting of the
utterance to any person present.
c.
Public shall mean affecting or likely to affect persons in a place
to which the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons, apartment
houses, place of business or amusement or any neighborhood.
[1982 Code § 173-3; N.J.S.A. 2C:33-3]
A person is guilty of a false public alarm if he initiates or
circulates a report or warning of an impending fire, explosion, bombing,
crime, catastrophe or emergency knowing that the report or warning
is false or baseless and that it is likely to cause evacuation of
a building, place of assembly or facility of public transport, or
to cause public inconveniences or alarm. A person is guilty if he
knowingly causes such false alarm to be transmitted to or within any
organization, official or volunteer, for dealing with emergencies
involving danger to life or property.
[1982 Code § 173-4]
A person commits a petty disorderly persons offense if, with
a purpose to harass another, he:
a.
Makes, or causes to be made, a communication or communications anonymously
or at extremely inconvenient hours or in offensively coarse language,
or any other manner likely to cause annoyance or alarm;
b.
Subjects another to striking, kicking, shoving or other offensive
touching or threatens to do so; or
c.
Engages in any other course of alarming conduct, or of repeatedly
committed acts with a purpose to alarm or seriously annoy such other
person.
[1982 Code § 173-5]
a.
A person who, having no legal privilege to do so, purposely or recklessly
obstructs any highway or other public passage, whether alone or with
others, commits a petty disorderly persons offense. "Obstructs" means
renders impassable without unreasonable inconvenience or hazard. No
person shall be deemed guilty of recklessly obstructing in violation
of this subsection solely because of a gathering of persons to hear
him speak or otherwise communicate, or solely because of being a member
of such a gathering.
b.
Order to Move.
1.
A person in a gathering commits a petty disorderly persons offense
if he refuses to obey a reasonable official request or order to move
to:
2.
An order to move, addressed to a person whose speech or other lawful
behavior attracts an obstructing audience, shall not be deemed reasonable
if the obstruction can be readily remedied by police control of the
size or location of the gathering.
[1982 Code § 173-6]
A person commits a disorderly persons offense if, with a purpose
to prevent or disrupt a lawful meeting, procession or gathering, he
does an act tending to obstruct or interfere with it physically.
[1982 Code § 173-7]
A person commits a disorderly persons offense if he purposely
desecrates any public monument, insignia, symbol or structure or place
of worship or burial. "Desecrate" means defacing, damaging or polluting.
[1982 Code § 173-8]
A person is guilty of crime of the third degree if he purposely,
knowingly or recklessly puts or attempts to put another in fear of
bodily violence by placing on public or private, property a symbol,
an object, a characterization, an appellation or graffiti that exposes
another to threats of violence, contempt or hatred on the basis of
race, color, creed or religion, including but not limited to a burning
cross or Nazi swastika. A person shall not be guilty of an attempt
unless his actions cause a serious and imminent likelihood of causing
fear of unlawful bodily violence.
[1982 Code § 173-9]
A person is guilty of a crime of the fourth degree if he purposely
defaces or damages, without authorization of the owner or tenant,
any private premises or property primarily used for religious, educational,
residential, memorial, charitable or cemetery purposes, or for assembly
by persons of a particular race, color, creed or religion by placing
thereon a symbol, an object, a characterization, an appellation or
graffiti that exposes another to threat of violence, contempt or hatred
on the basis of race, color, creed or religion, including but not
limited to a burning cross or Nazi swastika.
[1982 Code § 173-10]
A person is guilty of a disorderly persons offense when:
a.
By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a condition
which endangers the safety or health of a considerable number of persons;
or
b.
He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
[1982 Code § 173-11]
a.
In addition to the penalty imposed in case of conviction under subsection 3-4.10 above, the Court may order the immediate abatement of the nuisance and, for that purpose, may order the seizure and forfeiture or destruction of any chattels, liquors or other personal property which may be found in such building or place, and which the Court is satisfied from the evidence were possessed or used with a purpose of maintaining the nuisance. Any such forfeiture shall be in the name and to the use of the State of New Jersey, and the Court shall direct the forfeited property to be sold at public sale, the proceeds to be paid to the Treasurer of the county wherein conviction was had.
b.
If the owner of any building or place is found guilty of maintaining
a nuisance, the Court may order that the building or place where the
nuisance was maintained be closed and not used for a period not exceeding
one (1) year from the date of the conviction.
[1982 Code § 158-3]
It shall be unlawful for any person to spit upon any public
sidewalk or upon any part of the interior or exterior of any public
building or public conveyance.
[1982 Code § 125-1]
It shall be unlawful for any person at any time to hunt for,
take, kill or pursue, or attempt to hunt for, take, kill or pursue,
with a gun, firearm, bow and arrow or any dangerous weapon of any
kind or character, wild birds, animals or fowl of any kind within
the limits of the Borough.
[1982 Code § 125-2]
No person within the Borough shall discharge or have and shoot
any bullet, projectile or missile of any kind from any pistol, gun
or slingshot. This shall not apply to members of the Police Department
or to any required military organization, nor to private persons in
the act of protecting life or property.
[1982 Code § 173-13; N.J.S.A. 2C:33-15]
a.
Any person under the legal age to purchase alcoholic beverages who
knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage in any school property, public conveyance,
public place, or place of public assembly, or motor vehicle, is guilty
of a disorderly persons offense, and shall be fined not less than
five hundred ($500.00) dollars.
b.
Whenever this offense is committed in a motor vehicle, the Court
shall, in addition to the sentence authorized for the offense, suspend
or postpone for six (6) months the driving privilege of the defendant.
Upon the conviction of any person under this subsection, the Court
shall forward a report to the Motor Vehicle Commission stating the
first and last day of the suspension or postponement period imposed
by the Court pursuant to this subsection. 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.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Commission along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of 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.
If a person convicted under this subsection is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission the required report. The Court
shall not collect the license of a nonresident convicted under this
subsection. Upon receipt of a report by the Court, the Commission
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
c.
In addition to the general penalty prescribed for a disorderly persons
offense, the Court may require any person who violates this act to
participate in an alcohol education or treatment program, authorized
by the Department of Health and Senior Services, for a period not
to exceed the maximum period of confinement prescribed by law for
the offense for which the individual has been convicted.
d.
Nothing in this act shall apply to possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
pursuant to an employment permit issued by the Director of the Division
of Alcoholic Beverage Control, or for a bona fide hotel or restaurant,
in accordance with the provisions of N.J.S.A. 33-1.26 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.
e.
The provisions of section 3 of P.L. 1991, c. 169 (C. 33:1-81.1a)
shall apply to a parent, guardian or other person with legal custody
of a person under eighteen (18) years of age who is found to be in
violation of this section.
[1982 Code § 173-14; N.J.S.A. 2C:33-16]
Any person of legal age to purchase alcoholic beverages, who
knowingly and without the express written permission of the school
board, its delegated authority, or any school principal, brings or
possesses any alcoholic beverages on any property used for school
purposes which is owned by any school or school board, is guilty of
a disorderly persons offense.
[Ord. No. 1059-18-01]
a.
Unlawful Acts. It shall be unlawful for any person under the legal
age who, without legal authority, knowingly possesses or knowingly
consumes an alcoholic beverage on private property.
b.
Exceptions.
1.
This subsection shall not prohibit a person under the legal age from
consuming or possessing an alcoholic beverage in connection with a
religious observance, ceremony, or rite or consuming or possessing
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages.
2.
This subsection shall 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.
d.
Penalties.
1.
A person convicted of a violation under this section shall be fined
two hundred fifty ($250.00) dollars for a first offense and three
hundred fifty ($350.00) dollars for any subsequent violation.
2.
Upon conviction, 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. Upon the conviction of any person and
the suspension or postponement of that person's driver's license,
the Court shall forward a report to the Motor Vehicle Commission stating
the first and last day of the suspension or postponement period imposed
by the Court pursuant to 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 motor bicycle,
shall commence on the day sentence is imposed and shall run for a
period of six (6) months after the person reaches the age of seventeen
(17) years.
3.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Motor Vehicle Commission,
along with the report. If for any reason the license cannot be collected,
the Court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the Court.
4.
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 as set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of written notice which shall not
be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
5.
If a person convicted under such an ordinance is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission the required report. The Court
shall not collect the license of the nonresident convicted under this
subsection. Upon receipt of a report by the Court, the Commission
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
e.
This subsection shall not 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.
[1982 Code § 69-11]
It shall be unlawful for any person to sell, distribute, transfer,
give or by any other means supply any alcoholic beverage to any person
under the legal age to purchase alcoholic beverages, in any public
or quasi-public place or while in or on a public street or thoroughfare
or while in a parked vehicle on any street or public thoroughfare
in the Borough of Little Ferry, except transfers between a parent
and his or her minor child.
[1982 Code § 69-8]
a.
Prohibited Consumption. No person shall consume or possess with intent
to consume alcoholic beverages:
1.
While in or on a public street, lane or sidewalk, public parking
lot, public or quasi-public place other than a place licensed to sell
and dispense alcoholic beverages for consumption on the premises,
or in a public conveyance; or
2.
In a private motor vehicle or other vehicle; or
3.
While upon any private property not his own without the express permission
of the owner or other person having authority to grant such permission.
[1982 Code § 69-9]
Notwithstanding the provisions of subsection 3-5.5, the Mayor and Borough Council may by resolution permit the possession or consumption of alcoholic beverages in a designated park at a designated time or times in connection with a specific event, series of events or observance which has been authorized by the Governing Body.
[1982 Code § 173-12; Ord. No. 1384-13-13]
a.
Any person who smokes or carries lighted tobacco in or upon any bus
or other public conveyance, other than in the places provided, is
a petty disorderly person.
b.
Any person who smokes or carries lighted tobacco in any public place,
including but not limited to place of public accommodation, where
such smoking is prohibited by municipal ordinance under authority
of N.J.S.A. 40:48-1 and 40:48-2 or by the owner or person responsible
for the operation of the public place, and when adequate notice of
such prohibition has been conspicuously posted, is guilty of a petty
disorderly persons offense. The maximum fine which can be imposed
for violation of this section is two hundred ($200.00) dollars pursuant
to N.J.S.A. 2C:33-13.
[Ord. No. 1066-3-02; N.J.S.A.
26:3D-55 et seq.; Ord. No. 1384-13-13]
a.
MUNICIPAL BUILDINGS
MUNICIPAL COURT
OFFICE
PUBLIC MEETING
SMOKING
VEHICLES
Definitions. As used in this subsection:
Shall mean structures owned and operated by the Borough of
Little Ferry and/or occupied by Borough employees and used for official
business of the Borough of Little Ferry.
Shall mean all sessions of the Municipal Court of the Borough
of Little Ferry regular and special, held in the Municipal Building.
Shall mean all areas within the Municipal Building that are
used by Borough officials for the transaction of Borough business
with the general public.
Shall mean any meeting conducted in the Municipal Building
by any board, commission, committee, council, agency or department
of the Borough of Little Ferry to which the public is invited, allowed
or encouraged to attend.
Shall mean and include carrying or having in one's possession
a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
Shall mean any motor vehicle, car, truck, bus or conveyance
registered to the Borough of Little Ferry.
d.
Violations and Penalties.
1.
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this subsection.
2.
Any person who smokes in an indoor area in which smoking is prohibited
shall be subject to the penalties stated in N.J.S.A. 26:3D-55 et seq.
3.
Any person who smokes in an outdoor area in which smoking is prohibited
shall be subject to a fine of not less than fifty ($50.00) dollars
for the first offense, one hundred ($100.00) dollars for the second
offense and two hundred fifty ($250.00) dollars for each subsequent
offense.
4.
Any person found guilty defacing or removing "No Smoking" signs which
are required by this subsection shall be subject to a fine of not
less than one hundred ($100.00) dollars nor more than two hundred
($200.00) dollars for each violation, plus the cost of replacing the
sign.
5.
Any juvenile adjudicated to have violated the provisions of this
subsection shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this subsection.
e.
Construal of Provisions. No provision of this subsection shall be
construed or interpreted to allow smoking where it is otherwise restricted
or prohibited by other laws.
[1982 Code § 215-1]
As used in this section:
Shall mean and include all vehicles powered by a motor which
uses gasoline or other petroleum product as fuel and all vehicles
propelled otherwise than by muscular power. Such "gasoline-powered
vehicles" shall include but shall not be limited to automobiles, vans,
motorcycles, motorbikes, mopeds, motorized bicycles and tractor trailers.
Shall mean those public properties owned, leased to, controlled
by or devoted to the general public of the Borough of Little Ferry,
including but not limited to property owned, leased or controlled
by the Little Ferry Board of Education.
[1982 Code § 215-2]
a.
No unauthorized person, firm or corporation shall operate a gasoline-powered
vehicle in any public park, public playground or public property except
upon clearly marked streets, highways, driveways or paths designed
for use of gasoline-powered vehicles.
b.
This section shall not apply to the operation of emergency vehicles,
Borough-owned vehicles or Little Ferry Board of Education-owned vehicles.
[1982 Code § 215-3]
Any person, wishing to operate a gasoline-powered vehicle in
any public park, public playground or public property shall apply
for authorization from the Mayor and Borough Council to so operate
a gasoline-powered vehicle. Such authorization shall be granted upon
the showing by the applicant that the proposed operation is in the
public interest and that such proposed operation will not detrimentally
affect the health, safety, morals or welfare of the community.
[1982 Code § 209-1]
As used in this section.
Shall mean any real property within the Borough which is
not a street or highway.
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
Shall mean a machine propelled by power, other than human
power, designed to travel along the ground by use of wheels, treads,
runners or slides and transport persons or property or pull machinery
and includes, without exclusion, automobile, truck, trailer, motorcycle,
tractor, buggy and wagon.
[1982 Code § 209-2]
No person shall abandon any vehicle within the Borough, and
no person shall leave any vehicle at any place within the Borough
for such time and under such circumstances as to cause the vehicle
to reasonably appear to have been abandoned.
[1982 Code § 209-3]
No person shall leave any partially dismantled, nonoperating,
wrecked, or junked vehicle on any street or highway within the Borough.
[1982 Code § 209-4]
No person in charge or control of any property within the Borough,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, nonoperating, wrecked, junked or discarded
vehicle to remain on such property longer than forty-eight (48) hours,
and no person shall leave any such vehicle on any property within
the Borough for a longer time than forty-eight (48) hours. This subsection
shall not apply, however, with regard to a vehicle in an enclosed
building, a vehicle on the premises of a business enterprise operated
in a lawful place and manner when necessary to the operation of such
business enterprise, or a vehicle in an appropriate storage place
or depository maintained in a lawful place and manner by the Borough.
[1982 Code § 209-5; New]
The Chief of Police or any member of the Police Department designated
by him is hereby authorized to remove or have removed any vehicle
left at any place within the Borough which reasonably appears to be
in violation of this section or lost, stolen or unclaimed. Such vehicle
shall be impounded until lawfully claimed or disposed of in accordance
with applicable statutes. The Chief of Police or any member of the
Police Department acting for him shall notify the registered and legal
owner in writing, by personal service or by certified mail, at the
last known address of the owner, of the removal of such vehicle and
the reason for the same and the location of the vehicle. Such vehicle
shall be retained and impounded until the owner or his duly authorized
agent shall have paid the cost of such taking and removal, together
with a garage charge of thirty ($30.00) dollars for each and every
day such vehicle is retained and impounded.
[Ord. No. 1079-16-02 § 1]
The purpose of this section is to control and regulate off-road
motor vehicles within the Borough in order to preserve the public
peace and order and protect the health, safety and welfare of the
general public of the Borough.
[Ord. No. 1079-16-02 § 2]
As used in this section:
Shall mean any two-wheeled, motor-propelled apparatus licensed
by the State of New Jersey Motor Vehicle Commission, for operation
upon the public highways.
Shall mean:
Any two (2), three (3) or four (4) wheeled bicycle or similar
apparatus motor-propelled or having a helper motor and commonly referred
to, among other designations, as a "moped," "minibike," "go-cart,"
"all-terrain vehicle," "trail bike," or the like which, by its nature,
is not authorized to be licensed by the State of New Jersey Motor
Vehicle Commission, for use upon the public highways, notwithstanding
the fact that licensing of the same in some instances may not be required
for operation upon the public highways.
A snowmobile and any similar sport vehicle which is motor-propelled
and traverses the terrain by means of treads, tracks or the like,
all as contrasted to wheels.
Shall mean all lands in the Borough not defined as public
property or part of the road system.
Shall mean lands owned or leased by the Borough, County of
Bergen, the State of New Jersey, the Board of Education of the Borough,
or any other equivalent public body, but specifically excluding therefrom
any roadways being used for public transportation and being part of
the accepted road system of the Borough, the County, or the State.
Shall mean the operator of any motor vehicle who does not hold a special license permitting the operation of a motorcycle on the public highways or the operator of any motorized sportbike who is in violation of subsection 3-11.3.
[Ord. No. 1079-16-02 § 3]
It shall be unlawful:
a.
To operate a motorized sportbike or motorcycle, as a licensed or
unlicensed operator, on private property other than with the written
consent of all of the owners of the property. When such written consent
has been obtained, the operator shall keep the same on his person
for display to the authorities. The failure to present such written
consent upon request or demand shall constitute a violation hereunder.
b.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in subsection 3-11.4.
c.
To operate a motorized sportbike or motorcycle on public or private
property in such a way as to harass or disturb farm animals, domestic
livestock or wildlife or further to destroy or damage crops, cropland,
soils or vegetation.
d.
To operate a motorized sportbike or motorcycle on public or private
property without the same being in "proper operating condition," which
is hereby defined as the presence of all original operating equipment
specified therefor by the original manufacturers or with the same
in operating condition at least equal to the manufacturer's requirements
for the proper operation thereof or the equivalent thereof.
e.
To operate a motorized sportbike or motorcycle on public or private
property in a careless, reckless or negligent manner so as to endanger
the safety or property of any person or public or private property,
or in violation of the provisions of the Borough's noise ordinance.
[Ord. No. 1079-16-02 § 4]
The following regulations shall apply to the operation of a
motorized sportbike or motorcycle operated on public or private property,
other than the property of the family of which the operator is a member:
a.
No person operating a motorized sportbike or motorcycle shall carry
any other person, except in a place designated therefor and equipped
therefor as part of the original manufacture for said purpose and
in no event shall a rider be carried on the handlebars thereof.
b.
It shall not be unlawful for any public employee or other party with
an appropriate permit to operate motor vehicles in the locations for
the purpose of maintaining, repairing or doing work upon the lands
for the public good.
c.
This section shall not be applicable to any recognized organization
which has obtained permission from the Borough to use the lands for
the sole purpose of holding organized and supervised rallies, races
and/or meets.
d.
It shall be unlawful for any person to operate any vehicle equipped
with a muffler cutout, muffler bypass or similar device.
[Ord. No. 1079-16-02 § 5]
Any Police Officer may, at his or her discretion:
a.
Impound any motorized sportbike or motorcycle operated on public
or private property alleged to be in violation of this section, either
by virtue of its operation and use contrary to the provisions of this
section or by virtue of its operation by an unlicensed operator.
b.
Impound any motorized sportbike or motorcycle operating on the public
roadways in violation of any then-applicable State Statute or any
regulation validly promulgated by any State agency having jurisdiction.
c.
The period of impoundment shall be from the date of the alleged violation
until the disposition of the alleged offense in a court of competent
jurisdiction as shall hear the same, and the owner thereof shall pay
the reasonable cost of the removal and storage constituting impoundment.
The Chief of Police or his designee may authorize early release. The
expense of impoundment shall be in addition to any other fine or penalty
levied or collected under the terms of this section.
[Ord. No. 1079-16-02 § 6;
New]
a.
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5 with a minimum penalty of one hundred ($100.00) dollars. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
b.
In addition to all other penalties, the violation of any provision
of this section shall be subject to abatement summarily by a restraining
order or injunction issued by a court of competent jurisdiction.
[1982 Code § 74-1]
As used in this section:
Shall mean any device having a wheel or wheels of twelve
(12) inches or more in diameter, connected by a frame of metal or
wood and so arranged as to be propelled by human power. The term "bicycle"
does not include toy bicycles or children's tricycles.
[1982 Code § 74-2]
a.
No Borough resident shall ride or operate a bicycle within the Borough
without first obtaining a registration tag to be issued by the Little
Ferry Police Department upon application of the owner.
b.
Every person required under the terms of this section to obtain a
registration tag shall apply for and procure same from the Little
Ferry Police Department. The registration tag shall be fastened to
the frame of the bicycle in a place to be determined by the Chief
of Police. The substitution of registration tags not in conformity
with this section is hereby prohibited. A registration tag shall be
valid for as long as the person owns the bicycle.
[1982 Code § 74-3]
It shall be unlawful for any person to ride or operate a bicycle
in the Borough unless such person rides or operates such bicycle in
accordance with the following rules and regulations:
a.
A registration tag shall only be issued by the Little Ferry Police
Department upon a satisfactory showing by the applicant to the Little
Ferry Police Department that the bicycle is in safe mechanical condition.
b.
The applicant shall also demonstrate his or her qualifications for
operating a bicycle and his or her knowledge of the vehicular and
traffic laws of the State of New Jersey applicable to bicycle signs,
signals and safety regulations.
[1982 Code § 74-4]
The Little Ferry Police Department shall issue to each applicant
a printed copy of the safety rules and regulations for the use of
bicycles, the substance of which shall be as follows:
a.
Lights. Every bicycle shall be equipped with a light on the front
and a red reflector on the rear when used at night.
b.
Audible Signal. No person shall operate a bicycle unless it is equipped
with a bell or other device, to be approved by the Chief of Police
or his representative, which is capable of giving an audible signal,
except that no person shall use a siren or whistle on a bicycle.
c.
Brakes. Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
d.
Hitching. No person riding upon any bicycle shall attach the same
or himself to any vehicle upon a roadway.
e.
Bicycle Seat. A person riding a bicycle shall not ride other than
upon a permanent and regular seat attached thereto, nor shall be ride
with his feet removed from the pedals or with both hands removed from
the handlebars, nor shall be practice any trick or fancy riding in
a street. No bicycle shall be used to carry more persons at one time
than the number for which it is designed.
f.
Traffic Signals. Every person riding or operating a bicycle shall
obey all stop signs and traffic signals in the same manner and to
the same extent as would be required to dismount and walk his or her
bicycle across heavily traveled streets.
g.
Turns. Before turning or changing the direction of any bicycle on
any street, highway, parkway or public place, it shall be the duty
of the bicycle rider to give a signal, by the extension of the hand,
to indicate the direction in which it is the intention to proceed.
h.
Keeping to the Right. Every person operating a bicycle upon a roadway
shall ride as near to the right side of the roadway as practicable.
i.
Single Line. Persons riding bicycles upon a roadway shall ride in
single file except on paths or parts of roadways set aside for the
exclusive use of bicycles. Wherever a usable path for bicycles has
been provided, bicycle riders shall use such path and not use the
roadway.
j.
No person shall ride a bicycle upon a sidewalk within a business
district.
k.
The Chief of Police is authorized to erect signs on any sidewalk
or roadway prohibiting the riding of bicycles thereon by any person,
and when such signs are in place no person shall disobey same.
l.
Whenever any person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give audible
signal before overtaking and passing such pedestrian.
m.
No person operating a bicycle shall carry any package, bundle or
article which prevents the rider from keeping at least one (1) hand
upon the handlebars, and all persons operating bicycles must obey
such other rules and regulations as may be promulgated from time to
time by the Little Ferry Police Department with the approval of the
Mayor and Borough Council.
[1982 Code § 74-5]
Every person subject to the provisions of this section who sells
or transfers ownership of a bicycle shall report the sale or transfer
to the Little Ferry Police Department by returning the registration
tag issued to such person and at the same time furnishing the Police
Department with the name and address of the person to whom the bicycle
was sold or transferred.
[1982 Code § 74-6]
The Chief of Police or his duly authorized representative is
hereby authorized and directed to provide within the Borough bicycle
safety programs. Such bicycle safety programs may include lectures,
courses in traffic safety, voluntary inspections of bicycles and publication
of printed material to parents and children in the Borough of Little
Ferry.
[1982 Code § 74-7]
a.
Any person from ten (10) years of age to and including sixteen (16)
years of age who violates any of the provisions of this section relating
to the vehicle traffic laws or the bicycle safe-riding rules and regulations
and the official police instructions for the safe operation of a bicycle
shall be, for the first offense, reprimanded in writing by the Little
Ferry Police Department, addressed to the parents or guardians of
the offender, stating the nature of the violation and a warning that
a repetition of the violation or any other violation must be prevented
or the offender may be turned over to the Little Ferry Youth Guidance
Council. On a second offense, the offender may be summoned to appear
before the Youth Guidance Council, accompanied by a parent or guardian,
and, after hearing of the violation, the Youth Guidance Council is
hereby authorized to take appropriate action.
b.
Any person seventeen (17) years of age or older violating any provision
of this section shall, upon conviction thereof in Municipal Court,
in addition to the suspension or revocation of his or her registration,
be punished by the payment of a fine not to exceed twenty-five ($25.00)
dollars.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
As used in this section:
Shall mean a push cart of the type or types which are commonly
provided by grocery stores, drug stores or other retail mercantile
establishments for use of the public in transporting commodities in
stores and markets and their parking areas.
Shall mean a parking lot or other property by a retailer
for the use of a customer for parking an automobile or other vehicle.
The parking area of a mercantile establishment located in a multi-store
complex or shopping center shall include the entire parking area used
by the complex or center.
Shall mean street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, parks, parking
lots, parking areas and places used by the general public.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
It shall be unlawful for any person to remove a shopping cart
as defined herein from the property of any shopping establishment.
Further, it shall be unlawful for any shopping establishment to permit
or allow any person to remove a shopping cart as defined herein from
the property of the food-dispensing establishment.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
It shall be unlawful for any person, his agent or employee to
leave or suffer or permit to be left any shopping cart, either owned
by him or in his possession, custody or control, upon any sidewalk
or street or to be left outside the premises or parking area of a
retail mercantile establishment.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The Borough shall remove or cause to be removed any shopping
cart found upon any sidewalk, street or otherwise left outside the
premises or parking area of a retail mercantile establishment and
shall take the same to Borough property where it shall be held until
redeemed, sold or otherwise disposed of as hereinafter provided.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The impoundment and/or subsequent release by the Borough of
any shopping cart shall be in accordance with N.J.S.A. 40:48-2.65.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
The fine imposed upon the owner or retailer for an impounded
shopping cart shall be fifty ($50.00) dollars. No shopping cart shall
be delivered to a person seeking to redeem, unless proof is submitted
establishing to the satisfaction of the Borough such person's ownership
or right to possession. Any delivery to a person deemed entitled thereof
by the Borough from the proof submitted, shall be an absolute defense
of the Borough against any other person claiming to be entitled thereof.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
When any shopping cart remains in the custody of the Borough
for a period in excess of five (5) days after removal and with respect
to which no person has presented to the Borough proof establishing
to its satisfaction such person's ownership or rights to possession,
the Borough shall give public notice in its official newspaper that,
at a specified place and time, not less than five (5) days after such
notice is published, the shopping cart shall be sold at public auction
for not less than ten ($10.00) dollars plus the costs of advertising
the sale. If, after such notice of sale is given, any person desires
to redeem any shopping cart prior to sale such person shall pay to
the Borough for redemption the sum of fifty ($50.00) dollars plus
the costs of advertising the sale. A general description of the cart
to be sold shall be sufficient. The sale shall be conducted by such
person as the Borough Council shall designate.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
If the shopping cart is not sold at public auction, the Borough
may offer it again for sale or may dismantle, destroy or otherwise
dispose of the same.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
Any disposition of such shopping cart made pursuant to this
section shall be made without any liability of the Borough to the
owner of such shopping cart or other person lawfully entitled thereto
or having an interest therein.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
Upon a redemption or sale of a shopping cart, the proceeds shall
be deposited in the general funds of the Borough.
[Ord. No. 1071-8-02; Ord. No. 1258-17-08]
This section shall not apply to any shopping cart or personal
property which may come into the possession or custody of any department
of the Borough pursuant to any other ordinance, law or regulation.
[1982 Code § 65-1]
As used in this section:
Shall mean the combination of sensory apparatus and related
hardware which when activated by the appropriate stimulus produces
a signal making known the existence of an emergency situation and
requiring immediate investigation and response by law enforcement
agencies.
Shall mean the activation of an alarm system through mechanical
failure, malfunction, improper installation or the negligence of the
owner or lessee of such alarm system or his family, employees or agents.
"False alarm" shall not include alarms caused by hurricanes, tornadoes,
earthquakes or other acts of God.
[1982 Code § 65-2]
The Police Chief shall cause a written notice to be mailed to
the owner or lessee of an alarm system within fifteen (15) days of
the first false alarm, setting forth the fees that may be assessed
under this section.
[1982 Code § 65-3]
After two (2) false alarms in any calendar month, the owner
or lessee of any alarm system shall be assessed a fee of twenty-five
($25.00) dollars upon the occurrence of the third or subsequent false
alarm during such calendar month.
[1982 Code § 65-4]
Police Officers responding to all false alarms shall file a
written report indicating all pertinent information pertaining thereto
and a finding as to whether such false alarm was caused by human carelessness,
mechanical failure or by any other cause.
[1982 Code § 65-5]
If a determination is made by the Police Department that the
false alarm was caused by a malfunction or mechanical failure of the
equipment as opposed to human carelessness or other cause, written
notice of such determination shall be given to the owner or lessee
of the alarm system within thirty (30) days thereof, who shall cause
the same to be repaired promptly thereafter.
[1982 Code § 65-6]
In addition to the fee or fees payable under subsection 3-14.3, if three (3) or more false alarms are caused by malfunction or mechanical failure of the alarm system, the Borough shall have the right to require the owner or lessee of such alarm system to disconnect the same until such time as it has been repaired, and the Borough shall not be responsible during the period the same is disconnected for any losses incurred by the owner or lessee.
[1982 Code § 65-7]
Any owner or lessee may present evidence that a false alarm
was in fact not caused by human carelessness or negligence or mechanical
failure or malfunction, and the Police Chief may act upon such evidence
and determine that such was not in fact a false alarm but was caused
by hurricane, tornado or other violent act of God.
[1982 Code § 65-8]
All public buildings, including but not limited to those maintained
and/or owned by the Borough of Little Ferry, the Little Ferry Board
of Education, the Little Ferry Free Public Library and churches, are
specifically exempted from the provisions of this section.
[1982 Code § 115-1]
Upon proper application and approval of the Borough Council,
it shall hereafter be lawful for any organization or association who
shall be so authorized under N.J.S.A. 5:8-24 et seq. to conduct, hold
and operate bingo games, lotto and/or raffles as described in Acts
on Monday through Saturday of each week.
[1982 Code § 115-2]
Upon proper application and approval of the Mayor and Borough
Council, it shall hereafter be lawful for any organization or association
who shall be so authorized under N.J.S.A. 5:8-24 et seq. to conduct,
hold and operate bingo games and conduct raffles as described in N.J.S.A.
5:8-31 on the day commonly known and designated as Sunday. Any such
bingo games or raffles shall not be conducted under any license, unless
the license specifically so provides.
[Ord. No. 1366-21-12]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of bingo and raffle
licenses in accordance with the Bingo Licensing Law and Raffles Licensing
Law, as administered by the Legalized Games of Chance Control Commission.
[1982 Code § 139-1]
No person shall detain or fail to return any book or article
borrowed from the Free Public Library of the Borough of Little Ferry
contrary to the rules and regulations of the Free Public Library after
thirty (30) days have elapsed from the date of posting by certified
mail, return receipt requested, of a notice demanding return thereof,
addressed to the person at the last address furnished to the library.
[1982 Code § 139-2]
No person shall willfully or maliciously cut, tear, deface,
disfigure, damage or destroy any book or other article or any part
thereof which is owned by or is in the custody of such library.
[1982 Code § 139-3]
No person with intent to defraud shall register or furnish a
false name or address or use any card other than the one issued to
the person for the purpose of borrowing any book or article from the
library.
[1982 Code § 139-4; New]
[1982 Code § 117-1]
No person shall leave the motor of his car running when stopped
or parked within ten (10) feet of any gasoline pump in any gasoline
station in the Borough. Appropriate signs shall be posted in each
gasoline station requiring that patrons thereof turn off their car
engines when in the vicinity of the gasoline pumps for safety reasons.
[Ord. No. 1214-23-06 § 1; Ord. No. 1300-10-10]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any box utilized by a commercial delivery service
for the collection of letters and/or packages for delivery for a fee.
Such term includes but is not limited to Federal Express, DFH, UPS,
Lawyers Service, but does not include the United States Postal Service.
[Ord. No. 1214-23-06 § 2; Ord. No. 1300-10-10]
Commercial delivery collection boxes are permitted to be located
within buildings in business districts.
[Ord. No. 1214-23-06 § 3; Ord. No. 1300-10-10]
Commercial delivery service collection boxes may be permitted
outside of buildings in the business districts, provided that such
boxes are in the rear of a building and are not visible from the adjoining
street or a public parking lot.
[Ord. No. 1214-23-06 § 4]
All commercial delivery collection boxes shall be maintained
in good working order at all times freshly painted and with unbroken
hoods.
[Ord. No. 1214-23-06 § 5]
This section shall be enforced by the Code Enforcement Officer.
All commercial delivery collection boxes shall be subject to inspection
by the Code Enforcement Officer or any other duly authorized representative
of the Borough.
[Ord. No. 1214-23-06 § 6; Ord. No. 1300-10-10]
b.
Each noncomplying box will constitute a separate violation as will
each day for which the box is in violation.
c.
In addition to any other remedy, the Borough of Little Ferry may
seize any box in violation of this section of the Code. Any box seized
by the Borough may be returned to the owner upon payment of the fee
established by the Mayor and Borough Council by resolution to recover
the reasonable cost to the Borough for the seizure and storage of
the box. Any box not claimed after thirty (30) days may be destroyed.
[Ord. No. 1216-25-06 § 1]
For the purpose of this section, certain words and terms herein
are defined as follows:
Shall mean one (1) side of a street between two (2) consecutive
interacting streets.
Shall mean the person, association of persons, firm or corporation
who shall be responsible in whole or in part, jointly or separately,
for the placement and maintenance of a newspaper vending machine in
a public right-of-way.
Shall mean depictions of sexual intercourse, oral copulation,
anal intercourse, oral-anal copulation, bestiality, sadism, masochism,
or excretory functions in conjunction with sexual activity, masturbation,
or lewd exhibitions of genitals; whether any of the above conduct
is depicted or described as being performed alone or between members
of the same or opposite sex or between humans and animals, or other
acts of sexual arousal involving any physical contact with a person's
genitals, pubic hair, perineum, anus or anal region.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used or maintained for
the display, sale or distribution of newspapers or other news periodicals.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used, or maintained for
the display and sale of newspapers or other news periodicals.
Shall mean "obscene material" as defined in N.J.S.A. 2C:34-3.
Shall mean the area between the sidewalk and the curb of
any street, and where there is no sidewalk, the area between the edge
of the roadway and the property line adjacent thereto. "Parkway" shall
also include any area within a roadway that is not open to vehicular
travel.
Shall mean any person or persons or entity, including, but
not limited to, a corporation, partnership, unincorporated association
or joint venture.
Shall mean any material suggesting or conveying a visual
image, and includes, but is not limited to, a photograph, painting
or drawing.
Shall mean any public street, highway, sidewalk, parkway
or alley.
Shall mean that portion of a street improved, designed, or
ordinarily used for vehicular travel.
Shall mean "specified sexual activity" as defined in N.J.S.A.
2C:34-3, when used in this section to state the purpose or effect
of statements, words, pictures or illustrations.
Shall mean "specified sexual activity" as defined in N.J.S.A.
2C:34-3.
Shall mean any surface provided for the exclusive use of
pedestrians.
Shall mean all the area dedicated to public use for public
street purposes and shall include, but not be limited to, roadways,
parkways, alleys and sidewalks.
Shall mean the Superintendent of Public Works or the designee
of the Superintendent of Public Works.
[Ord. No. 1216-25-06 § 2]
a.
The uncontrolled placement and maintenance of newsracks in public
rights-of-way presents an inconvenience and danger to the safety and
welfare of persons using such rights-of-way, including pedestrians,
persons entering and leaving vehicles and buildings, and persons performing
essential utility, traffic control and emergency services.
b.
Newsracks so located as to cause an inconvenience or danger to persons
using public rights-of-way, and unsightly newsracks located therein,
constitute public nuisances.
c.
It is a matter of public necessity that the Borough of Little Ferry
protect children and unconsenting adults in and on its public streets,
sidewalks, transportation facilities and other public rights-of-way
from viewing public displays of offensive sexual material. Such displays
are thrust indiscriminately upon unwilling audiences of adults and
children and constitute assaults upon individual privacy.
d.
These factors constitute an unreasonable interference with and obstruction
of the use of public rights-of-way, constitute an unwarranted invasion
of individual privacy, are injurious to health, offensive to the senses,
and constitute such an obstruction of the free use of property as
to interfere with the comfortable enjoyment of life and property by
the entire community.
e.
The Mayor and Borough Council recognizes, however, that the use of
such rights-of-way is so historically associated with the sale and
distribution of newspapers and publications that access to those areas
for such purposes should not be absolutely denied. The Mayor and Borough
Council further finds that these strong and competing interests require
a reasonable accommodation, which can only be satisfactorily achieved
through the means of this article, which is designed to accommodate
such interests regulating the time, place and manner of using such
newsracks.
[Ord. No. 1216-25-06 § 3]
The purpose of this section shall be to promote the public health,
safety and welfare through the regulation of placement, type, appearance,
servicing, and insuring of newspaper vending machines on public rights-of-way
so as to:
a.
Provide for pedestrian and driving safety and convenience.
b.
Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress or egress from any residence or
place of business or from the street to the sidewalk by persons exiting
or entering parked or standing vehicles.
c.
Provide reasonable access for the use and maintenance of poles, posts,
traffic signs or signals, hydrants, mailboxes and access to locations
used for public transportation purposes.
d.
Relocate and/or replace newspaper vending machines which result in
a visual blight and/or excessive space allocation on the public right-of-way
or which unreasonably detract from the aesthetics of store window
displays, adjacent landscaping and other improvements.
e.
Maintain and protect the values of surrounding properties.
f.
Reduce unnecessary exposure of the public to personal injury or property
damage.
g.
Treat all newspapers equally regardless of their size, content, circulation,
or frequency of publication.
h.
Maintain and preserve freedom of the press.
i.
Cooperate to the maximum with newspaper distributors.
[Ord. No. 1216-25-06 § 4]
No person shall place, affix, erect, construct or maintain a
newspaper vending machine upon any public right-of-way without first
obtaining a one-time only certificate of compliance for each newspaper
vending machine in accordance with the provisions of this section.
[Ord. No. 1216-25-06 § 5]
a.
Application for a certificate of compliance shall be made, in writing,
to the Little Ferry Police Department upon such form as shall be provided
by it, and shall contain the following information:
1.
The name, address and telephone number of the applicant who is the
owner and/or principal in responsible charge of the newspaper vending
machine.
2.
The name, address and telephone number of a responsible person whom
the Borough may notify or contact at any time concerning the applicant's
newspaper vending machine.
3.
The number of newspaper vending machines and the proposed location
of each shown on a drawing as provided by the Little Ferry Police
Department.
4.
Names of newspapers or periodicals to be contained in each newspaper
vending machine.
5.
Type or brand of newspaper vending machine, including an illustration
and description of the vending machine.
6.
Method of securing the newspaper vending machine or machines so as
to prevent the vending machine from being blown down or around the
public right-of-way.
b.
It shall be the duty of the Little Ferry Police Department to receive
applications made pursuant to this section and conduct such investigation
as may be necessary to establish compliance with the applicable provisions
of this section.
c.
Upon a finding by the Little Ferry Police Department that the applicant
is in compliance with the provisions of this section, the Chief of
Police shall cause to be issued a certificate of compliance for installation
by the newspaper publishing company. Such issuance shall be within
ten (10) working days of the Borough's receipt of the completed application.
d.
If a certificate of compliance for some newspaper vending machine
location applied for shall be denied, the applicant shall be notified
within ten (10) working days of the Borough's receipt of the completed
application. The applicant shall be advised of the specific cause
of such denial by the Little Ferry Police Department, which will suggest
alternative locations therefor. The applicant may reapply for substitute
alternative location at no additional certificate of compliance fee.
[Ord. No. 1216-25-06 § 6]
Prior to the issuance of a certificate of compliance by the
Little Ferry Police Department, the applicant shall furnish to the
Police Department a certificate that the distributor has then in force
public liability and property damage insurance, naming the Borough
of Little Ferry as an additional insured in an amount not less than
one million ($1,000,000.00) dollars minimum liability combined single
limit (bodily injury and property damage) per person and per occurrence.
The evidence of insurance filed with the Borough Police Department
shall include a statement by the insurance carrier that thirty (30)
days' notice will be given to the Borough before any cancellation
of coverage.
[Ord. No. 1216-25-06 § 7; Ord. No. 1310-20-10]
There shall be an initial certificate of compliance fee in the
amount of two hundred fifty ($250.00) dollars per newspaper vending
machine and an annual fee in the amount of fifty ($50.00) dollars.
The fee will be used to defray administrative expenses relating to
this section.
[Ord. No. 1216-25-06 § 8]
Any applicant who has been denied a certificate of compliance
pursuant to the provisions of this section may file an appeal with
the Mayor and Borough Council of the Borough of Little Ferry by requesting
in writing to the Borough Administrator appearance before the Mayor
and Borough Council to review such denial. The appeal shall be heard
by the Mayor and Borough Council within thirty (30) days of the filing
of the appeal at a regularly scheduled meeting. The decision of the
Mayor and Borough Council on appeal is subject to judicial review
as provided by the laws of the State of New Jersey.
[Ord. No. 1216-25-06 § 9]
a.
No newspaper vending machine shall exceed forty-eight (48) inches
in height, twenty-four (24) inches in width or twenty (20) inches
in thickness.
b.
Newspaper vending machines shall have royal blue pedestals, sides,
door and coin box.
c.
Newspaper vending machines shall carry no card holders or advertising,
but may display the name, with lettering and background of any colors,
of the newspaper being dispensed, in spaces in the locations and sizes
set forth below:
d.
Newspaper vending machines for free newspapers may omit the coin
box and may have the pull bar welded to the door to produce an "honor
rack."
e.
Newspaper vending machines shall be maintained in good working order
at all times, freshly painted and with unbroken hoods.
f.
Newspaper vending machines shall be chained, bolted or otherwise
secured so as to prevent the vending machine from being blown down
or around the public right-of-way.
g.
Newspaper vending machines may be placed next to each other, provided
that no group of vending machines shall extend for a distance of more
than six (6) feet along a curb.
[Ord. No. 1216-25-06 § 10]
a.
No newspaper vending machine shall be placed, installed, used or
maintained:
1.
Within five (5) feet of any marked crosswalk.
2.
Within ten (10) feet of a curb return or any unmarked crosswalk.
3.
Within five (5) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
4.
Within five (5) feet of any driveway.
5.
Within five (5) feet ahead of and fifteen (15) feet to the rear of
any sign marking a designated bus stop, measured along the edge of
pavement.
6.
Within two (2) feet of any bus bench.
7.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than five (5) feet.
8.
Where a vertically protruding member of the newspaper vending machine
is on or within twelve (12) inches or any area improved with lawn
or hedges or within three (3) feet of flowers or trees.
9.
Within three (3) feet of any display window of any building abutting
the sidewalk or parkway or in such a manner as to impede or interfere
with the reasonable use of such window display, or within five (5)
feet of a building entrance.
10.
On or within two (2) feet of signs, parking meters, streetlights
or utility poles.
[Ord. No. 1216-25-06 § 11]
The distributor shall be responsible to remove unused dated
newspapers from the newspaper vending machine and dispose of same
outside the boundaries of the Borough of Little Ferry.
[Ord. No. 1216-25-06 § 12]
In the event a newspaper publishing company or its distributor
desires to voluntarily abandon a vending machine location, it shall
completely remove the vending machine and restore the public right-of-way
to a safe condition, leaving no holes or projections in the mounting
surface.
[Ord. No. 1216-25-06 § 13]
Any person, firm or corporation violating any provision of this
section shall, upon conviction, be subject to a fine of not less than
fifty ($50.00) dollars nor more than two hundred ($200.00) dollars
for each offense; and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[Ord. No. 1245-4-08]
a.
Streets, Roadways, Sidewalks, Plazas. No person shall operate or
cause to be operated a skateboard on streets, roadways, curbs and
sidewalks adjacent to streets, and roadways, and public or quasi-public
areas including but not limited to walkways, sidewalks, driveways,
promenades and plazas on private property adjacent to streets and
roadways.
b.
Reckless Use; Interference with Pedestrians. No person shall operate
or cause to be operated a skateboard in a reckless or hazardous fashion
or in a manner creating interference with pedestrian traffic.
c.
Holding a Motor Vehicle from Skateboard. No person operating a skateboard
shall hold onto a motor vehicle or bicycle while such bicycle or motor
vehicle is in motion.
d.
Penalty. Any person violating any of the provisions of this section
shall, upon conviction thereof, be subject to a fine not to exceed
one thousand ($1,000.00) dollars or imprisonment for a term not to
exceed ninety (90) days, or both, at the discretion of the Court having
jurisdiction in this matter. The Court shall have the discretion to
impose a term of community service in lieu of imprisonment. Each day
that a violation continues shall be deemed a separate violation.
[Ord. No. 1282-14-09 § 1]
a.
No person shall purposely or knowingly vandalize, deface, damage,
write, print, inscribe, etch, carve or place, with ink, paint, chalk
or other substances, what is commonly known as "graffiti."
1.
"Graffiti" shall include, but not necessarily be limited to, any
form of letters, number, word or words, writing, inscription, symbol,
drawing, carving, etching, painting, or any other marking of any nature
whatsoever regardless of the content of said letters, number, word
or words, writing, inscription, symbol, drawing, carving, etching,
painting, or any other marking or the nature of the materials used
in the commission of the act.
b.
No person shall place graffiti on real or personal property of another,
whether said personal or real property is publicly or privately owned,
unless the owner of said property shall have, prior to the placing
of graffiti, specifically consented to the same.
[Ord. No. 1282-14-09]
It shall be unlawful for any parent, legal guardian or other
person having custody and care of any minor child under the age of
eighteen (18) years to assist, aid, abet, allow, permit or encourage
said minor to violate the provisions of this section, as defined herein,
either by words, by overt act, by failing to act, by negligence or
by lack of supervision and control over said minor child. Pursuant
to N.J.S.A. 2A:53A-15, any parent, guardian or other person having
legal custody of said minor child who fails or neglects to exercise
reasonable supervision and control of such infant child shall be liable
in a civil action for any destruction or damage caused by such infant
child offender under the provisions of this section.
[Ord. No. 1282-14-09]
a.
Any minor child under the age of eighteen (18) years apprehended
for the violation of this section shall be brought before the Bergen
County Juvenile and Domestic Relations Court. As to the offense charge,
the Bergen County Juvenile and Domestic Relations Court shall then
have exclusive jurisdiction of the trial of such infant or infants,
and such infant or infants shall be surrendered to Juvenile and Domestic
Relations Court, and the case, including all papers and process thereto,
shall be transferred to said Court as provided in N.J.S.A. 2C:4-11.
Furthermore, the parent, legal guardian or other person having care
and custody of said minor shall be summoned or arrested and brought
before the Judge of the Municipal Court of the Borough of Little Ferry
and be subject to the penalties provided herein.
b.
Any person who violates any of the provisions of this section shall,
upon conviction thereof, be subject to imprisonment not exceeding
ninety (90) days or a fine not exceeding five hundred ($500.00) dollars
or both, in the discretion of the Municipal Court Judge.
c.
An exception to this section shall be any minor child under the age
of eighteen (18) years who shall, upon conviction, be subject to the
penalties imposed on him by the Judge of Bergen County Juvenile and
Domestic Relations Court.
d.
As a condition of sentencing, the Municipal Court shall have the
authority to order the offender to be responsible for cleaning, repairing,
painting or otherwise restoring the damaged property to the condition
it was in prior to being damaged. In the event that the offender is
unable, for any reason, to comply with the above, the Municipal Court
shall have the authority to order that said offender make the necessary
monetary restitution to restore the property to its original undamaged
condition.
e.
This section shall be considered as supplemental to the municipality's
enforcement powers pursuant to N.J.S.A. 2C:33-9 (desecration of venerated
objects), N.J.S.A. 2C:33-10 (graffiti on property to put persons in
fear of violence) and N.J.S.A. 2C:33-1 (defacement or damage of property
by placement of symbol, object or graffiti).
[Ord. No. 1282-14-09]
Should the premises of any of the landlords or tenants in Little Ferry be subject to any of the prohibited acts described in subsection 3-22.1, then and in that event it shall be the obligation of the owner or occupier to remove the defaced painting, writing or inscription within fourteen (14) days or as designated by the Building Inspector. The owner or occupier of premises shall have the duty to assist and aid the Police Department in ascertaining who committed the prohibited acts. Should the owner or occupier of the premises fail to remove the painting, writing or inscription within the time period described above, then that person shall be subject to the penalties described in subsection 3-22.3. In addition thereto, the municipality shall have the right to enter upon the premises and remove, erase or paint over the prohibited writing or inscription. The cost of the work shall be charged against the owner or occupier either through reimbursement to the municipality at the time fines are paid to the Municipal Court, or the municipality shall have the right to file separate action in order to collect the cost of the work.
[Ord. No. 1284-16-09 § 1]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Borough of Little Ferry
and/or the waters of the State so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 1284-16-09 § 2]
As used in this section:
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Little Ferry or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 1284-16-09 § 3]
a.
Covering Required; Prevention of Overflow. Any person who controls,
whether owned, leased, or operated, a refuse container or dumpster
must ensure that such container or dumpster is covered at all times
and shall prevent refuse from spilling out or overflowing.
b.
Discharge of Liquids Prohibited. Any person who owns, leases or otherwise
uses a refuse container or dumpster must ensure that such container
or dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system(s) operated
by the Borough of Little Ferry.
[Ord. No. 1284-16-09 § 4]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 1284-16-09 § 5]
This section shall be enforced by the Police Department and/or
other Municipal Officials of the Borough of Little Ferry.
[Ord. No. 1284-16-09 § 6;
New]
[Ord. No. 1243-02-08 § 2]
This section is designed to enable Borough Police Officers to
patrol and enter upon school property or grounds pursuant to a grant
of authority from the Little Ferry Borough Board of Education for
the purposes of preventing the unauthorized presence of persons during
certain time period and to prevent certain listed activities and conduct
at any time, and to arrest and fine those persons who engage in such
prohibited activities. This section is necessary to maintain the safety
and welfare of persons who are authorized to be on or in School Board
property and facilities, as well as to protect School Board property.
[Ord. No. 1243-02-08 § 3]
a.
It shall be unlawful for any person to be in or upon the property
or grounds owned by the Little Ferry Board of Education without the
authorization of the Board of Education between the hours of 10:00
p.m. and 6:00 a.m.
[Ord. No. 1243-02-08 § 4]
a.
Unless authorized by the Little Ferry Borough Board of Education,
the following activities shall be prohibited at all times on all property
or grounds owned by the Little Ferry Borough Board of Education:
Walking of dogs;
Loud music;
Alcoholic beverages;
Golfing;
Dumping of refuse;
Defacing, damaging or destroying School Board property;
Hardball playing;
Playing on dumpsters;
Playing of street hockey;
Parking or driving of unauthorized vehicles on School Board
property; and
Use of bicycles, wagons, scooters, skateboards or use of other
type of manual transportation.
Any person taking part in any of the prohibited activities set
forth herein shall be deemed in violation of this section.
[Ord. No. 1243-02-08 § 5]
Any person who violates any provision of this section shall
be subject, upon conviction, to a fine up to one hundred ($100.00)
dollars for the first offense and a fine of two hundred ($200.00)
dollars for any subsequent offense.
