[N.J.S.A. 40:49-5]
For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the Township where no
specific penalty is provided regarding this section violated, the
maximum penalty, upon conviction, shall be a fine not exceeding one
thousand two hundred fifty ($1,250.00) dollars, or imprisonment for
a period not exceeding 90 days, or both.
Except as otherwise provided every day in which a violation
of any provision of this chapter, or any other chapter of this revision,
or any other ordinance of the Township exists shall constitute a separate
violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[N.J.S.A. 40:49-5]
The governing body may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding one hundred ($100.00) dollars.
As used in this section:
a.
STREET -- Shall mean and be construed so as to include highways,
roads, avenues, public lanes, foot paths and all other public highways
for vehicular or pedestrian travel.
b.
PUBLIC PLACE AND PUBLIC BUILDING -- Shall mean and be construed so
as to severally mean any and every public place or building within
the jurisdiction and control of the Township is or may be in general
use by all citizens, and in which all have an equal right of passage
at will.
c.
LITTER -- 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, newspaper, 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.
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public or private
property, other than a litter receptacle.
It shall be unlawful for any person to discard or dump along
any street or road, on or off any street or road right-of-way, any
of the following: household or commercial solid waste, rubbish, refuse,
junk, vehicle or vehicle parts, rubber tires, appliances, furniture
or other private property in any place not specifically designated
for the purpose of solid waste storage or disposal.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations, self-service refreshment
areas; construction sites; gasoline service stations islands, shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
Litter receptacle shall mean a container suitable for the depositing
of litter.
No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All litter sweepings shall be collected and
properly containerized for disposal.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all such materials and shall pay the costs therefor.
It shall be unlawful for any owner, agent, or contractor in
charge of a construction or demolition site to permit the accumulation
of litter before, during, or immediately following completion of any
construction or demolition project. It shall be the duty of the owner,
agent, or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter.
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
may be removed by natural forces.
In the event that the owner or possessor of private property
or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this section, the municipality may
cause the condition to be abated and remedied. Upon the removal of
any materials prohibited to be stored or abandoned on lands by this
section by or under the direction of an appointed officer or officers
of this jurisdiction, in cases where the owner or tenant shall have
refused or neglected to remove the materials within five days of receiving
a notice of violation. Such officer shall certify the cost thereof
to the municipality, which shall examine the certificate, and if found
correct shall cause the cost as shown thereon to be charged against
said lands and will be added to and become and form part of the taxes
next to be assessed and levied upon said lands. The fines shall bear
interest at the same rate as taxes and shall be collected and enforced
by the same officers and in the same manner as taxes.
The owner or tenant of lands abutting or bordering upon the
public highways in the Township shall cut and remove or cause to be
cut and removed, within the limits of the public highways abutting
or bordering upon their lands or the lands occupied by them, all weeds,
brush and other impediments.
In case such owner or tenant of any land abutting or bordering
upon any public highways shall fail or neglect to remove same within
three days after notice by the Township committee to remove the same,
it shall be the duty of the officer having supervision of the public
highways of the Township, or other officer specially appointed by
the Township committee to remove or cause to be removed by or under
direction of such officer, all such weeds, brush and other impediments
as above mentioned.
In all cases weeds, brush or other impediments are removed from
the highways under this section, by or under the direction of such
officer of this Township, such officer shall certify the cost thereof
to the Township committee, which shall examine the certificate, and
if found correct, shall cause the cost as shown thereon to be charged
against the lands abutting or bordering such public highway. The amount
so charged shall forthwith become a lien upon such lands, and shall
be added to and become and form part of the taxes next to be assessed
and levied upon such lands the same to bear interest at the same rate
as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
During the periods of snowfall, no person shall throw, shovel,
push or blow snow from his driveway into the main portions of the
roads plowed by the Township road crews. Any person violating provisions
of this section shall upon conviction thereof, be punished by a fine
not exceeding fifty ($50.00) dollars.
As used in this section:
a.
SLAUGHTERHOUSE -- Shall mean any building or premises where more
than five animals are killed in one calendar month. This section shall
not be construed to prevent any farmer from killing animals raised
by him within the Township in the ordinary course of his agricultural
pursuits.
Slaughterhouses shall be absolutely prohibited within the Township.
No building or part thereof within the Township shall be used as a
slaughterhouse.
No building or part thereof within 250 feet of any dwelling
house shall be used as a slaughterhouse.
No building or part thereof within 250 feet of any public road
shall be used as a slaughterhouse.
It shall be unlawful for any person to carry on, maintain, transact,
establish, or conduct the business of junk dealer or junk yard in
the Township.
As used in this section:
a.
JUNK -- Shall mean any old, discarded or unused waste iron or other
metal or substance, glass, paper, machine parts, accessories, discarded
machinery or discarded machines in whole or in part, demolition or
abandonment of automobiles or other vehicles, unregistered motor vehicles
which are unfit for reconditioning or for sale for highway transportation,
used parts of motor vehicles, including automobile wrecking yards,
and any material commonly known and generally referred to as junk
in the ordinary meaning of the word, acquired or collected commercially.
b.
JUNK YARD -- Shall mean any lands within the Township on which junk
is placed, collected, stored or kept.
c.
JUNK DEALER -- Shall mean any person, firm, association, partnership,
or corporation who buy or otherwise acquires junk for commercial purposes
within the Township or who collects and stores junk therein, and shall
include any auto wrecking business and the sale of used automobile
parts.
As used in this section:
a.
CRIMINAL OR EX-CRIMINAL -- Shall mean anyone convicted of, or who
has pleaded guilty to, a misdemeanor or greater offense within five
years in this or any other State of the United States. This shall
include juvenile delinquents who have committed or admitted acts which
would be misdemeanors if they were of age.
No persons or organization shall maintain or aid others in maintaining
any place, camp, dwelling place or the like, within the Township where
five or more persons who are criminals or ex-criminals remain for
48 hours or longer.
No person or organization shall maintain within the Township
any place or dwelling, a chief or major purpose of which is the correction,
rehabilitation or aid of persons who are criminals or ex-criminals
as herein defined.
Any person violating any of the provisions of this section shall,
upon conviction thereof, forfeit and pay a fine not to exceed the
sum of fifty dollars ($50.00) or be imprisoned in the county jail
for not more than 90 days, or both.
a.
It shall be unlawful for any person over the age of 18 to assist,
aid, abet, allow, permit, suffer or encourage a student to register
or enroll in the North Warren Regional School District or the Blairstown
Elementary School when the student is not eligible to attend.
b.
It shall be unlawful for any person over the age of 18 to knowingly
permit his or her name, address, or other residence designating documentation
to be utilized in the registration or enrollment of any student in
the North Warren Regional School District or the Blairstown Elementary
School who is not eligible to attend.
a.
Any person violating or failing to comply with the provisions of
this section shall, upon conviction thereof, be sentenced to make
restitution for the cost of the ineligible student's attendance to
the Township of Hardwick, the North Warren Regional Board of Education
and pay a fine of not more than one thousand ($1,000.00) dollars.
In determining the amount of restitution, the court shall include
the amounts incurred by the Township of Hardwick Board Education,
including but not limited to tuition costs, investigation expenses
and attorneys' fees.
b.
Restitution ordered by the North Warren Municipal Court shall be
converted into a lien against the property of the offending party
until it is paid.
[Added 5-1-2019 by Ord. No. 2019-03]
As used in this section, the following definitions shall apply
in the interpretation and enforcement of this section:
Any two or more persons gathered together and acting in a
boisterous, noisy, riotous, offensive, disorderly or threatening manner
toward each other or others or committing any acts which in any way
breach or disturb the peace or tend to breach or disturb the peace.
Any adult person having care or custody of a minor, whether
by reason of blood relationship, the order of any court, or otherwise.
Any place to which the public has access, including but not
limited to any street, highway, road, alley or sidewalk. This definition
shall also include the front or neighborhood of any store, shop, restaurant,
tavern or other place of business, public grounds, public areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
chapter or, in the case of a minor, not owned or under the control
of the minor's parent or guardian.
a.
Conduct. All acts constituting lewd, immoral or indecent conduct,
unlawful destruction of property, willful injuries to or unlawful
interference with persons, hazards to the public health and breaches
or disturbances of the peace are prohibited.
b.
Placing obscene words or figures on buildings; graffiti. No person
shall write or cause to be written any lewd, indecent or obscene word
or mark whatsoever or drawn or cause to be drawn any lewd, indecent
or obscene figure upon any house, building, wall, fence or other place
in the Township. No person shall deface or damage any building or
other structure owned by any person or public entity by placing thereon
any graffiti, epigraph, or inscription without the consent of the
owner of the building or structure.
c.
Disturbing lawful assemblies. No person shall at any time or place
willfully disquiet, interrupt or disturb any assembly of people met
for a lawful purpose, either by making a noise or by rude, disorderly
or indecent behavior or profane language, either within the place
of meeting or out of it, so near as to disturb the order and solemnity
of the meeting.
d.
Obstructing or threatening persons. No person shall willfully obstruct,
molest, hinder, annoy, frighten, threaten, insult or interfere with
any other person lawfully upon any public thoroughfare, in any public
place, or in any automobile, bus, or other public or private conveyance
which is lawfully upon any public thoroughfare.
e.
Public drinking; open container. It is unlawful for any person to
consume alcoholic beverages in any public place, or to carry open
bottles or containers of any alcoholic beverage for consumption in
any public place. This shall not apply to persons consuming alcoholic
beverages or carrying open bottles or containers of any alcoholic
beverage for consumption in a public place where such use or consumption
is conducted in compliance with a license permitting such use or consumption.
Violations of any of the provisions of this § 3-9 shall, upon conviction, be a disorderly persons offense and punishable by one or more of the following penalties: 1) a fine not exceeding $1,000; 2) imprisonment for any term not exceeding 90 days; or 3) a period of community service not exceeding 90 days. Separate offenses shall be deemed committed on each during or on which a violation occurs or continues.
[Added 6-2-2021 by Ord. No. 2021-04]
Prohibited uses shall be as follows:
