Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #397; 1973 Code § 75-1]
As used in this section:
LITTER
Shall mean any refuse, garbage, rubbish, paper wrappings, cans, leaves, wood, glass or any other substance and material which might affect the health and welfare of the public or render the streets or public places unsightly.
PUBLIC PLACE and PUBLIC BUILDING
Shall mean any and every public place or building within the Borough which is within the jurisdiction and control of the municipality, is or may be in general use by all citizens and in which all have an equal right of passage at will.
[Ord. #397; 1973 Code § 75-2]
No person shall throw, put or place or cause or permit to be thrown, put or placed into, upon or within any street, public place, parking lot or public building any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in anywise impeded or interfered with or whereby the same may be rendered unsightly in appearance; provided, however, that nothing herein contained shall prohibit the deposit of any such material in any public or private receptacles approved by the Borough Council for such purpose.
[Ord. #397; Ord. #699; 1973 Code § 75-3; Ord. #845, § 1]
a. 
Every owner, lessee, tenant, occupant or person in charge of any building or structure, shall keep and cause to be kept, the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and to keep the sidewalks, area-ways, backyards, courts and alleys free from litter and offensive material. All sweepings shall be collected and properly containerized for disposal.
b. 
All persons are prohibited from sweeping into or depositing in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. This shall not apply to leaves placed in the gutter during an authorized collection period of loose leaves by the Borough. Leaves shall not be put into catch basins.
[Ord. #397; 1973 Code § 75-4; Ord. #845, § 2]
a. 
No person shall put, deposit or have any litter or other material and equipment in or upon their private property, or upon the private property of another whereby the same may be rendered unsightly in appearance or detrimental to the health, safety, and welfare of the public.
b. 
No person shall store tires in areas zoned residential except in a fully enclosed structure.
c. 
No person shall store, in areas zoned residential, any bulky household items such as appliances, furniture, or mattresses, except in a fully enclosed structure or during days designated for the collection of bulky items.
d. 
No person shall permit the accumulation of debris on or around construction sites, or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property.
e. 
No person shall park a vehicle on any residential lawn.
[Ord. #397; 1973 Code § 75-5; Ord. #845, § 3]
a. 
No person shall cause to be placed any receptacle for solid waste or recyclables outside any commercial or industrial building that is visible from public streets or adjoining property unless an enclosure is provided for storage, except as follows:
b. 
Every owner, lessee, tenant, occupant or person in charge of the following public places in the Borough shall be required to provide litter receptacles and be responsible for servicing the receptacles such that adequate containerization is available and they are not allowed to overflow buildings held out for use by the public, including schools, government buildings, railroad, and bus stations, park, drive-in restaurants, all street vendor locations, self service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals.
c. 
The Borough shall provide service litter receptacles in active retail commercially zoned areas spaced at a distance of no more than a single linear quarter mile between receptacles.
[Ord. #397; 1973 Code § 75-6; Ord. #845, § 4]
a. 
All vehicles used for hauling of loads shall be properly covered to prevent loads from dropping, sifting, leaking or otherwise escaping.
b. 
No one, being the owner or in charge or in control of any vehicle or of any receptacle, shall litter, drop or spill or permit to be littered, dropped or spilled any dirt, sand, gravel, clay, loam, stone or building rubbish, hay, straw, oats, sawdust, shavings or other light materials of any sort or manufacturing, trade or household wastes, refuse, rubbish of any sort or ashes, manure, garbage or any other organic refuse or other offensive matter in or upon any street or public place.
[Ord. #397; 1973 Code § 75-7]
No person shall prevent or interfere with any employee of the Department of Public Works or any municipally authorized person in the sweeping or cleaning of any street or in the removal of sweepings, ashes, garbage, rubbish, snow, ice or other refuse material.
[Ord. #674; 1973 Code § 77-1]
a. 
The making, creation or permitting of any unreasonably loud, disturbing or unnecessary noise in the Borough is hereby prohibited.
b. 
The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual, or which for a needlessly lengthy period of time annoys, disturbs, injures or endangers the comfort or repose of any individual, is hereby prohibited.
c. 
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:
1. 
Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the Borough; the creation by means of any such signaling device of any unreasonably loud or harsh sound for any unnecessary period of time; the use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust.
2. 
Radios, Phonographs, Etc. Playing, using, operating or permitting to be played, used or operated any electronic receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants. The use or operation of any such instrument, electronic amplifier, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible for a distance of one hundred (100') feet, or greater, from the building, structure, vehicle or place in which it is used or operated shall be prima facie evidence of a violation of this section.
3. 
Loudspeakers and Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
4. 
Yelling, Shouting, Etc. Unusual yelling, shouting, hooting, whistling or singing, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any other time so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity.
5. 
Animals, Birds, Etc. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
6. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises there-from.
7. 
Loading, Unloading and Opening of Boxes. The creation of unnecessary noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers between the hours of 11:00 p.m. and 6:00 a.m., except in case of urgent necessity.
8. 
Construction or Repairing of Buildings. Creating any audible noise by the erection (including excavating and landscaping), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of public health and safety. Incidental construction actually being performed by a property owner on his premises shall be permitted, provided that the noise is not unnecessary.
9. 
Schools, Courts, Churches and Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, which unreasonably interferes with the workings of such institution or which disturbs, provided that conspicuous signs are displayed in such street indicating that the same is a school or court street.
10. 
Hawkers and Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
11. 
Pile Drivers, Hammers, Etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on Sunday of any pile driver, stream shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
12. 
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
13. 
Air Conditioning. The operating and use of any air conditioning unit or apparatus or any mechanical device, particularly during the hours between 11:00 p.m. and 7:00 a.m. creating an audible noise which annoys or disturbs the quiet, comfort or repose of persons in any dwelling or other type of residence. "Audible noise" shall mean a sound level in excess of forty-five (45) decibels on the A-weighted sound level measured in the center of a room or place wherein the annoyance exists, by a sound-level meter conforming to the standards of the American Standard Association, Inc., of New York.
d. 
This section shall not be construed to apply to activities in the public parks, school grounds, playgrounds or public buildings under the permission or authority of the municipal or school officials or to activities of the municipal departments in the performance of their duties. The Borough Council may, upon application made to it, issue permits to civic organizations, churches or similar organizations in connection with the customary activities of such organizations.
[Ord. #674; 1973 Code § 77-3]
The summoning of the Police Department to any premises in the Borough by a burglar alarm system activated either through inadvertency or as a result of a malfunction and not by an intruder more than three (3) times in a calendar year is prohibited.
[Ord. #268; 1973 Code § 48-1]
The owners or tenants of lands within the Borough shall cut to a height of not more than two and one-half (2 1/2') feet all brush, hedges or other plant life growing upon the lands within ten (10') feet of any street or roadway and within twenty-five (25') feet of the intersection of two (2) streets or roadways within ten (10) days after the Police Department serves notices on the owners and/or tenants to cut the same in the interest of public safety.
[Ord. #268; 1973 Code § 48-2]
Whenever any owner of lands within the Borough fails to cut the brush, hedges or plant life within the time specified as set forth under Subsection 3-3.1, the brush, hedges or plant life shall be cut under the direction of the Administrator, who shall certify to the Mayor and Council the cost thereof. The Mayor and Council shall examine the certificate and, if the certificate is found correct, shall cause the cost as shown thereon to be charged against the lands on which the plant life has been cut, or in the event that the cost set forth on the certificate is, in their opinion, excessive, they shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of taxes next to be assessed and levied upon such lands and the same shall bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #268; 1973 Code § 48-3; New]
Any owner or tenant who fails to cut the brush, hedges or plant life to a height of not more than two and one-half (2 1/2') feet within ten (10) days after receiving the notice specified under Subsection 3-3.1, shall, upon conviction, be liable to the penalty established in Chapter 1, § 1-5 of this Code.
[Ord. #484; 1973 Code § 112-1]
As used in this section:
ABANDON
Shall mean any motor vehicle, omnibus, road tractor, trailer, truck, truck-trailer and vehicle which:
a. 
Is parked without the current year's registration or identification markers as required by law.
b. 
Has been continuously parked in any of the places mentioned in this section for a period of three (3) days.
c. 
Is found to be mechanically inoperative and is allowed to remain inoperative for a period of three (3) days.
JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY
Shall mean any automobile which is no longer in actual use as a motor vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation or which has been discarded for use as a motor vehicle or otherwise abandoned.
MOTOR VEHICLE
Shall mean a machine propelled by power other than human power, designed to travel along the ground by the use of wheels, treads, runners or slides, and shall include without limitation automobile, truck, trailer, motorcycle, tractor, buggy and wagon; and it is intended that "vehicle" shall have all the meanings stated and defined in N.J.S.A. 39:1-1 et seq., of the Revised Statutes of the State of New Jersey.
[Ord. #484; 1973 Code § 112-2]
It shall be unlawful for any person to abandon or suffer or permit the abandonment of any motor vehicle, omnibus, junk automobile or junk automobile body on any public property located within the Borough; on any municipally owned or operated parking lot or garage; or on any property which is owned, leased or maintained by the Borough. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage or other building.
[Ord. #484; 1973 Code § 112-3]
No person in charge or control of any property within the Borough, whether as owner, tenant, lessee, occupant or otherwise shall place, deposit, store, leave or keep any abandoned, discarded, wrecked, junked, dismantled or partially dismantled vehicle, which is also unlicensed or nonoperating, on such property or suffer, permit or allow any such vehicle to be placed, deposited, stored, left or kept on such property for a longer period of time than fifteen (15) days, except that the provisions hereof shall not apply with regard to such a vehicle:
a. 
In an enclosed building, garage, barn or shed; or
b. 
On the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or
c. 
In an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
[Ord. #484; 1973 Code § 112-4]
The Police Department is hereby authorized to remove or to cause to be removed any vehicle left at any place within the Borough which reasonably appears to be in violation of this section, or which appears to have been lost, stolen or unclaimed. With respect to vehicles on private property, the Chief of Police shall serve or cause to be served a notice in writing, either personally or by certified mail, upon the owner, tenant, lessee or occupant of the property, requiring such owner, tenant, lessee or occupant, as the case may be, to remove such vehicle within a certain period of time not less than fifteen (15) days after the date of service to be specified in the notice. In the event that such vehicle is not removed within the time specified, the Chief of Police may impound the vehicle or cause the same to be impounded, and for that purpose may enter upon private property upon which such vehicle may be located. Any vehicle impounded pursuant to any of the provisions of this section shall be held lawfully claimed or disposed of in accordance with the provisions of Section 39:10A-1 et seq., of the Revised Statutes of New Jersey, whichever may be applicable.
[Ord. #484; 1973 Code § 112-5]
The owner of a private property from which a vehicle is removed and impounded pursuant to the preceding subsection hereof, and the tenant, lessee or occupant of the premises, if any, shall be jointly and severally liable for the cost and expense, including reasonable administrative charges, paid or incurred by the Borough in effecting such removal and impounding, and shall be paid by the person or persons liable therefor upon demand. In the event such payment is not made, the amount due shall become a lien upon the lot or tract of real estate from which such vehicle was removed and shall be added to and form a part of the taxes next to be assessed and levied upon such lands, to be collected and enforced in the same manner as taxes upon real estate; or the same may be collected in a civil action or in such manner as may be provided by law.
[1]
Editor's Note: For provisions concerning alcoholic beverage licensees, see Chapter 6, Alcoholic Beverage Control.
[Ord. #588; 1973 Code § 40-23]
No person shall consume alcoholic beverages while in or on a street, sidewalk, public parking lot, public or quasi-public place or in any public conveyance; or in a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission; nor shall any person discard alcoholic beverage containers upon any street, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner.
[Ord. #7-90, § 1]
As used in this section:
DISTRIBUTOR
Shall mean any person who delivers or deposits, or causes to be delivered or deposited, any printed matter.
PRINTED MATTER
Shall mean any newspaper, shopper, circular, leaflet, flyer and other similar writings.
STOP NOTICE
Shall mean a written notice by any occupant of any building or structure, or part thereof, in Midland Park indicating that they desire to cease future delivery of any particular item of printed matter described in the notice.
UNSOLICITED PRINTED MATTER
Shall mean printed matter which has not been ordered, subscribed or requested by the recipient.
[Ord. #7-90, § 2]
a. 
It shall be unlawful for any person to deliver or deposit or to cause the delivery or deposit, of any unsolicited printed matters, to or upon any private premises within the Borough except in accordance with the terms of this section.
b. 
Printed matter shall be placed only within a permanently installed appurtenance to the premises designed and designated for the receipt of such printed matter, or, if there be none, on the ground or floor at a point beneath the place where such premises receives its mail or within a three (3') foot radius of that point.
c. 
The provisions of Subsection b shall not apply to printed matter which plainly bears upon it either in its masthead or on its front page the name and address of the distributor.
[Ord. #7-90, § 3]
It shall be unlawful for any person to intentionally deliver unsolicited printed matter to any premises, or part thereof, after the owner or occupant of such premises has served a stop notice on the distributor, by certified mail, return receipt requested at the address indicated in its masthead or on its front page, that such delivery of unsolicited printed matter shall cease or be suspended for a stated period of time.
[Ord. #7-90, § 4]
Any person convicted of a violation of any provision of this section shall be subject to a fine of not more than one hundred ($100.00) dollars. Each delivery in violation of the terms hereof shall be deemed a separate offense.
[Ord. #779, Preamble]
The Mayor and Council of the Borough deem it to be in the public interest of the residents of the Borough to limit the operation of retail business conducted outside the confines of a building in order to minimize the burden upon the Police Department of the Borough.
[Ord. #779, § 1]
No business activity shall be conducted beyond the confines of an enclosed building in the Borough between the hours of 11:00 p.m. and 6:00 a.m.
[New]
Any person, firm or corporation violating the provisions of this section shall, upon conviction thereof, be liable to the penalty established in Chapter 1, § 1-5 of this Code.
[Ord. #440; 1973 Code § 62-1]
No person shall discharge any gun, pistol or firearm or other weapon using cartridges, pellets, darts or gunpowder for ammunition within the limits of the Borough unless there is a clear and present danger to a person's life, limb or property.
[Ord. #440; 1973 Code § 62-2]
This section shall not apply to police officers or others authorized by law to carry and discharge firearms in the performance of their duties.
[Ord. #726; 1973 Code § 67-1]
Glass beverage and food containers and similar glass objects of all types are prohibited in all public parks,[1] playgrounds, recreation areas, school grounds and public parking areas.
[1]
Editor's Note: For additional provisions regulating the use of public parks and other recreational areas, see Chapter 9, Recreational Facilities.
[Ord. #726; 1973 Code § 67-2]
Any person who violates any provision of this section shall, upon conviction, forfeit and pay a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars for each and every offense.
[Ord. #718; 1973 Code § 74A-1]
No person shall detain or fail to return any book or article borrowed from the Midland Park Public Library contrary to the rules and regulations of the 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. When a children's card has been used, the notice shall be addressed to the parents of the minor involved.
[Ord. #718; 1973 Code § 74A-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 borrowed from, owned by or is in the custody of such Library; and proof that any book or other article has been cut, torn, defaced, disfigured, damaged or destroyed shall give rise to a presumption of willful or malicious intent.
[Ord. #718; 1973 Code § 74A-3]
No person shall remove any book or other article from the Library without complying with the rules, regulations and procedures of the Library for borrowing such item.
[Ord. #718; 1973 Code § 74A-4]
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.
[Ord. #718; 1973 Code § 74A-5]
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be liable to a fine not to exceed the sum of five hundred ($500.00) dollars. The violation of any regulation or provision of this section with respect to any one (1) book or article shall be deemed a separate and distinct violation.
[Ord. #6-96, § 1]
The sale of cigarettes by vending machines and the placement, operation and maintenance of cigarette vending machines within the Borough of Midland Park be and are hereby prohibited.
[Ord. #6-96, § 2]
The prohibition set forth in Subsection 3-11.1 shall not apply to the placement and location of cigarette vending machines and the sale of cigarettes by vending machines in places holding a plenary retail consumption license issued by the Division of Alcoholic Beverage Control of the State of New Jersey and/or the Borough of Midland Park.
[Ord. #6-96, § 3]
Any person, firm, corporation or other entity violating any of the provisions of this section shall, upon conviction, pay a penalty not to exceed one thousand ($1,000.00) dollars for each offense, or shall serve a term of ninety (90) days in jail, or both, at the discretion of the Court. Each and every day in which a violation shall occur shall constitute a separate offense.
[Ord. #11-00, § 1]
As used in this section, the following term shall have the meaning indicated:
NEWSPAPER
Shall mean a paper that is printed and distributed ordinarily not less frequently than once a week and that contains news, articles of opinion, editorials, features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at a United States Post Office as second class matter.
[Ord. #11-00, § 2]
Any newspaper vending machine, which in whole or in part rests upon or over any public sidewalk or the public right-of-way, shall comply with the following standards:
a. 
No newspaper vending machine shall exceed sixty (60") inches in height, twenty-four (24") inches in width, or twenty (20") inches in thickness.
b. 
No newspaper vending machine shall be used for advertising signs or publicity purposes, other than that dealing with the display, sale, or purchase of the newspaper sold therein.
c. 
Each newspaper vending machine shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin return mechanisms shall be maintained in good working order.
d. 
Each newspaper vending machine shall have affixed to it a readily visible place, so as to be seen by anyone using the newspaper vending machine, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism, or to give the notices provided for this section.
e. 
Each newspaper vending machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the forgoing, each newspaper vending machine shall be serviced and maintained so that:
1. 
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof.
2. 
It is reasonably free of rust and corrosion, in the visible unpainted metal areas thereon.
3. 
The clear plastic or glass parts hereof, if any, through which the publications therein are viewed, are unbroken, and reasonably free of cracks, dents, blemishes, and discolorations.
4. 
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
5. 
The structural parts thereof are not broken or unduly misshapen.
f. 
Each newspaper vending machine shall be removed by the owner when not in service.
[Ord. #11-00, § 3]
It shall be unlawful for any person, firm, corporation, association, partnership, joint venture, trust or other form of business association or business entity including any agent, servant or employee of any such person or entity to place or locate a newspaper vending machine or newsrack on the public sidewalk, public right-of-way or other Borough property within the Borough of Midland Park which violates any of the following:
a. 
A newspaper vending machine shall not be used or maintained which projects onto, into, or over any part of the roadway of any public street.
b. 
A newspaper vending machine shall not be permitted to rest upon, in, or over any public sidewalk when such installation, use, or maintenance:
1. 
Endangers the safety of persons or property.
2. 
Interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle.
3. 
Interferes with the ingress or egress from any residence or places of business.
4. 
Interferes with the use of traffic signs or signals, hydrants, or mailboxes permitted at or near said location.
c. 
Newspaper vending machines shall be bolted or otherwise secured so as to prevent their being blown down or around the public right-of-way. Newspaper vending machines shall not be chained to any public buildings and structures owned by the Borough or to street signs, stop signs, utilities poles or other similar devices.
d. 
Newspaper vending machines may be placed next to each other provided that no group of machines shall extend for a distance of more than four (4') feet along the curb.
e. 
No newspaper vending machines shall be placed, installed, used or maintained:
1. 
Within three (3') feet of any marked crosswalk.
2. 
Within twelve (12') feet of a curb return of 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. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6') feet.
6. 
Within three (3') feet of or on any public area improved with lawn, flowers, shrubs, trees, or other landscaping.
[Ord. #11-00, § 4; Ord. #03-09]
Each newspaper vending machine, shall be registered through the office of the Borough Clerk on an annual basis. The registration shall be in writing and on an approved form to be provided by the Borough Clerk. The following information shall be given, along with a check in the amount of one hundred twenty ($120.00) dollars (annual fee):
a. 
Name of owner of newspaper vending machine.
b. 
Address of owner of newspaper vending machine.
c. 
Name of registrant if different from owner.
d. 
Address of registrant if different from owner.
e. 
Specific location of the newspaper vending machine by street number, address or by corner location, e.g., southeast corner of Godwin Avenue and Franklin Avenue.
f. 
Description of the newspaper vending machine as to external dimensions thereof and name of publications to be sold or distributed therein.
[Ord. #11-00, § 5]
Any person, firm, association, corporation or other entity violating any of the provisions of this section shall, upon conviction, be subject to such fines and penalties as set forth in § 1-5, General Penalty, of the Borough Code within the discretion of the Municipal Judge.
[Ord. #10-03, § 1]
The purpose of this section is to establish certain areas within private property that are open to the public or in which the public is invited that shall prohibit parking in such areas designated as "No Stopping or Standing" (Fire Zones).
[Ord. #10-03, § 2]
This section is enacted in accordance with N.J.S.A. 40:48-2.46 which does confer upon the Borough of Midland Park the right to establish "No Stopping or Standing" (Fire Zones), in order to preserve and safeguard the public health, safety, morals and welfare.
[Ord. #10-03, § 3; amended 3-12-2020 by Ord. No. 03-20]
The following areas shall be designated as "No Stopping or Standing" (Fire Zones) and shall be so marked by signs indicating prohibition of parking in conformance with the current Manual on Uniform Traffic Control Devices for Streets and Highways.
a. 
Midland Park Shopping Center
85 Godwin Avenue
Along the storefronts from Kings Supermarket to and including the Godwin Avenue side of West Coast Video (3' fire lane). Goffle Road side between Marty's Shoe Store and CVS (6' 6" wide by 85' 6" long).
b. 
A&P Store
36 Lake Avenue
Entire traffic lane along the front of the store (25' 6" wide). Both sides of the Goffle Road entrance (4' fire lane).
c. 
CVS Store
80 Godwin Avenue
1. 
Zone A (Erie side of CVS): 45 feet by 18 feet.
2. 
Zone B (front of CVS): 30 feet by 18 feet.
3. 
Zone C (front of Dunkin Donuts): 142 1/2 feet by 14 feet eight inches.
4. 
Zone D (side of Dunkin Donuts): 90 feet by three feet.
5. 
Zone E (rear of Dunkin Donuts): 97 1/2 feet by six feet.
d. 
Cottage Lane Apartments
15-19 Cottage Lane
The parking garage area between Building Nos. 15 and 17, which shall include a 4' fire lane along the length of the east side of the building and the southwest curb line to the garages along the west side. In addition, the south end of Building No. 19 (4' fire lane), together with a 4' fire lane which shall be established at the south end of Building No. 19.
e. 
Arnhem Apartments
636 Godwin Avenue
The entrance driveway and bridge for the Godwin Avenue parking lot to the garage doors which shall consist of a 3' fire lane. The length of the driveway and parking area along the brook to the dumpster area shall comprise a 3' fire lane. In addition, two (2) areas along the west side of the building, one having a dimension of 31' X 3' and the other a dimension of 32' X 5' X 3', as well as a 3' fire lane in the rear garage area to the rear driveway to Linwood Avenue.
f. 
Midland Apartments
110 Midland Avenue
The length of the driveway along Linwood Avenue to the entrance to the courtyard comprising a 2' fire lane and both sides of the driveway off Midland Avenue comprising a 2' 6" fire lane.
g. 
Eastern Christian Elementary School
25 Baldin Drive
The entire length of the parking lot along the front of the school, comprising a 4' fire lane.
h. 
Mill Gardens
36 Faner Road
Both sides of the driveway extending along the front of the building, except at the parking stalls in front of the east wing, and continuing past the front entrance and around the cul-de-sac at the west side of the building, which shall comprise a 5' fire lane. In addition, parking shall be prohibited within a loading zone area having dimensions of 12' X 76' in front of the west wing.
i. 
Midland Park High School
250 Prospect Street
The front circle driveway along the school side curb line comprising a 3' fire lane.
j. 
118 Godwin Avenue
A 3' X 12' fire lane in front of the Porchlight Restaurant.
k. 
6 Prospect Street
A fire lane along the north side of the building having dimensions of 4' X 26'.
[Ord. #10-03, § 4]
For any violation of any provision of this section, the maximum penalty shall be a fine of one hundred ($100.00) dollars, plus court costs.
[Ord. #11-05, § I]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Midland Park, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. #11-05, § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. #11-05, § III]
No person shall feed, in any public park or on any other property owned or operated by the Borough of Midland Park, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. #11-05, § IV]
a. 
This section shall be enforced by the Police Department of the Borough of Midland Park.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. #11-05, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties: such penalties that are set forth in the General Provision, § 1-5 of the Borough Code, in addition, the Borough has the right to bring an action for conjunctive relief to secure compliance with the provision of this section. Should an action for conjunctive relief be instituted, the property owner or responsible party shall be responsible for court costs and attorney fees together with other expenses incurred by the Borough in order to secure compliance with the provisions of this section.
[Ord. #08-09 § I]
Elevated level of nutrients, particularly phosphorus, in surface waterbodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.
This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrients load to waterbodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
[Ord. #08-09 § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BUFFER
Shall mean the land area, twenty-five (25') feet in width, adjacent to any waterbody. (The Department believes that twenty-five (25') feet is the appropriate buffer width to be protective of water quality. However, in situations that warrant additional flexibility, such as where lot sizes are exceptionally small or where the twenty-five (25') feet buffer constitutes the majority of the available property, the municipality reduces the buffer to ten (10') feet in width, with the additional requirement that a drop spreader be used for fertilizer application.)
COMMERCIAL FARM
Shall mean a farm management unit producing agricultural or horticultural products worth two thousand five hundred ($2,500.00) dollars or more annually.
FERTILIZER
Shall mean a fertilizer material, mixed fertilizer or any other substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PHOSPHORUS FERTILIZER
Shall mean any fertilizer that contains phosphorus, expressed as P2O5 with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
SOILS TEST
Shall mean a technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
WATERBODY
Shall mean a surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
[Ord. #08-09 § III]
No person may do any of the following:
a. 
Apply fertilizer when a runoff producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.
b. 
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
c. 
Apply fertilizer within the buffer of any waterbody.
d. 
Apply fertilizer more than fifteen (15) days prior to the start of or at any time after the end of the recognized growing season. Zone 6b (northwestern, central and part of southern New Jersey) March 1 to November 15.
[Ord. #08-09 § IV]
No person may do the following:
a. 
Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
b. 
Exceptions.
1. 
Application of phosphorus fertilizer needed for:
(a) 
Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
Re-established or repairing a turf area.
2. 
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
3. 
Application of phosphorus fertilizer to residential container plantings, flowerbeds or vegetable gardens.
[Ord. #08-09 § V]
This section shall be enforced by the Police Department, the Construction Official, and/or such other designee of the Mayor and Council of the Borough of Midland Park.
[Ord. #08-09 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the fine in accordance with § 1-5.1 of the Code of the Borough of Midland Park within the discretion of the Municipal Court Judge.
[Added 5-10-2018 by Ord. No. 15-18]
No person in the Borough of Midland Park, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, or distribute for any purpose any cigarettes made of marijuana or of any other matter or substance which can be smoked, or any cigarette paper or marijuana in any form. In addition, the sale of vaping products shall be prohibited. This prohibition shall not be deemed to apply to the sale of medical marijuana being prescribed by a licensed physician and dispensed by a pharmacist under a license issued by the New Jersey Board of Pharmacy.
Any person, firm or entity violating the provisions of this section shall be liable to a penalty of up to $1,000 for the first violation, and up to $2,000 and/or imprisonment for a term not exceeding 90 days, for each subsequent violation.
[Added 12-17-2020 by Ord. No. 13-20]
It shall be unlawful for any person to urinate or defecate on any public street or way or upon any public or private property other than when using a toilet, urinal or commode located in a restroom, bathroom or other structure enclosed from public view.
Any person convicted of violating this section shall be subject to such fines and penalties as set forth in § 1-5, General Penalty, of the Borough Code.