[Ord. #251, S 1]
This section shall be known and may be cited as the "Anti-Litter
Ordinance of the Township of Montgomery."
[Ord. #254, S 2; Ord. #05-1195, S 1]
As used in this section:
Shall mean any contrivance now known or hereafter invented,
used or designated for navigation or for flight in the air. The word
"aircraft" shall include helicopters and lighter-than-air dirigibles
and balloons.
Shall mean a litter storage and collection receptacle.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertise for sale any merchandise, product, commodity
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this paragraph shall not apply where an admission fee is
charged or a collection is taken up for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition,
or event of any kind, when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; provided, that nothing contained in
this paragraph shall be deemed to authorize the holding, giving or
taking place of any meeting, theatrical performance, exhibition, or
event of any kind, without a license, where such license is or may
be required by any law of this state, or under any ordinance of this
Township; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean any unused 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, yard 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 any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States, in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold to the public.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
Shall mean a park, reservation, playground, recreation center
or any other public area in the Township, owned or used by the Township
and devoted to active or passive recreation.
Shall mean any dwelling house, building, or other structure
designed or used either wholly or in part for private residential
purposes, whether uninhabited or temporarily or continuously inhabited
or vacant, and shall include but not be limited to, any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and non-putrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, solid market and industrial wastes,
and excavation spoils of every kind.
Shall mean non-putrescible solid wastes consisting of both
combustible and non-combustible wastes, such as paper, plastic wrappings,
cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery, tires 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.
Shall mean leaves and grass clippings.
[Ord. #254, S 3; Ord. #90-696, S 1]
No person shall throw or deposit litter in or upon any street,
sidewalk, other public place within the Township, or in any other
place not specifically designated for the purpose of litter disposal.
[Ord. #254, S 4]
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.
[Ord. #254, S 5]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township 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 from litter.
[Ord. #254, S 6]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street, or other public place within
the Township the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or
occupying places of business within the Township shall keep the sidewalk
free of litter.
[Ord. #254, S 7]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Township, or upon private property.
[Ord. #254, S 8]
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded so as
to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place.
[Ord. #254, S 9]
No person shall throw or deposit litter in any park within the
Township except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the persons responsible for its presence
and properly disposed of elsewhere as provided herein.
[Ord. #254, S 10]
No person shall throw or deposit litter in any fountain, pond,
stream, ditch or drainage easement or any other body of water within
the Township.
[Ord. #254, S 12]
No person shall throw, place or deposit any commercial or non-commercial
or other handbill in or upon any vehicle.
[Ord. #254, S 15]
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill, or any other object.
[Ord. #254, S 16]
No person, shall post or affix any notice, poster, or other
paper or device, calculated to attract the attention of the public
to any lamp post, public utility pole or shade tree, or upon any public
structure or building, except as may be authorized or required by
law.
[Ord. #254, S 17]
No person shall throw or deposit litter on any occupied private
property within the Township, whether owned by such person or not,
except that the owner or person in control of private property may
maintain authorized private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[Ord. #254, S 18]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, refuse and rubbish.
Provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
[Ord. #90-696, S 2]
At each shopping center located in the Township, there shall
be maintained at least one litter receptacle per quarter mile or portion
thereof of building facade by the owner of the shopping center. In
addition, there shall be maintained litter receptacles at all of the
following public places: schools, government buildings, railroad and
bus stations, parks, construction sites, gasoline service station
islands and any special events to which the general public is invited
including but not limited to carnivals, services, sporting events
and festivals. The proprietors of said places or the sponsors of said
events shall be responsible for the provision and servicing of the
receptacles.
[Ord. #81-419, S 2; Ord. #90-696, S 2]
No person shall place or cause to be placed upon, delivered,
deposited, thrown upon, left or abandoned within or upon any private
property or public place in the Township any garbage, cans, bottles,
cartons and other types of refuse or any handbills, advertisements,
brochures, flyers, shoppers or other unsolicited commercial matter
or commercial handbill, printed or otherwise, of every kind or nature
whatsoever.
a.
Exceptions. The provisions of subsection 3-1.16 shall not be applicable to the delivery of:
1.
Mail, parcels or packages by and in accordance with the rules of
the United States Postal Service.
2.
Parcels, packages and materials by and in accordance with the rules
of United Parcel Service and Railway Express Agency or other utility
licenses or governed for such purposes and those delivered by vendors
where ordered by or on behalf of the owner or occupant of the recipient's
premises.
3.
Newspapers and other publications and periodicals that are solicited
or subscribed to by the owner or occupant of the recipient premises,
provided that such material is placed firmly in a receptacle designed
for such purpose or is tightly secured or packaged to prevent blowing
or scattering upon the recipient premises or adjacent areas.
4.
Unsolicited and unsubscribed newspapers, publications and other periodicals
that are wholly or partially of a commercial nature, provided that
such material is placed firmly in a receptacle designed for such purpose
or is tightly secured or packaged to prevent blowing or scattering
upon the recipient premises or adjacent areas.
5.
Laundry, dry cleaning, dairy, bakery and similar food products and
commercial product samples, by agreement with or invitation of the
owner or occupant of the recipient premises.
6.
Solicitation cards, brochures and flyers by duly authorized, bonafide,
non-profit charitable organizations including, but not limited to,
United Fund, American Red Cross, Religious, Education, Medical, Police,
Volunteer Fire and Ambulance Organizations, provided that such material
is tightly secured or packaged and placed in such a manner as not
to blow or scatter upon the recipient premises or adjacent areas.
7.
Non-commercial handbills of a political or other nature whose distribution
is protected by constitutional rights of free speech, provided that
such handbills are tightly secured or packaged in such manner as not
to blow or scatter upon the recipient premises or adjacent areas.
b.
Objection to Delivery of Unsolicited Commercial Publications. The
owner or occupant of any property within the Township shall have the
right, at any time, in writing, either by certified mail or in person,
to transmit to the local office of the publisher and/or distributor
of any unsolicited or unsubscribed newspapers, publications or other
periodicals that are wholly or partially of a commercial nature, a
notice of objection to the continued delivery of such unsolicited
and unsubscribed material. The notice of objection shall clearly identify
the property to which the continued delivery of any such unsolicited
or unsubscribed material as objected. Any publisher and/or his distributor
who receives notice of objection shall comply with the notice within
14 days of receipt of the notice and shall discontinue the delivery
of the objected to material to the property identified in the notice.
The notice of objection shall continue in effect until revoked and
it shall be deemed a violation of this subsection for any person,
including but not limited to a publisher and/or distributor to deliver,
continue to deliver or cause to be delivered any such unsolicited
and unsubscribed materials to the property of any objecting owner
or occupant.
c.
Separate Violations. Each violation of the provisions of this subsection
shall be deemed a separate violation whether it shall occur on the
same day or succeeding days.
d.
Violations and Penalties. Any person, firm or corporation violating
any provisions of this subsection shall be liable in the Municipal
Court for fines as follows:
[1]
Editor's Note: Former Section 3-2, previously codified herein
and containing portions of Ordinance No. 77-377 was repealed in its
entirety by Ordinance No. 97-902.
[Ord. #78-350, S 1; Ord. #08-1305, S 1]
The Township Committee finds that maintaining or creating loud,
continuous or excessive noise in the Township causes annoyance and
discomfort for the Township citizens and adversely affects the general
welfare of the Township's inhabitants.
[Ord. #78-350, S 2; Ord. #08-1305, S 1]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, continuous or excessive noise or
any noise or which annoys, discomforts, disturbs, injures, or endangers,
the comfort, repose, health, peace or safety of others within the
Township.
[Ord. #78-350, S 3; New; Ord. #86-526, S 1; Ord. #05-1173,
S 1; Ord. #07-1262, S 1; Ord. #08-1305, S 1; amended 3-15-2018 by Ord. No. 18-1570]
The following acts, among others, are declared to be examples of loud, excessive or continuous and prohibited noises and a danger to the health, safety, and welfare of the community and its people, in violation of Subsection 3-3.2, but the enumeration shall not be deemed to be exclusive, namely:
a.
Radios, televisions, phonographs, tape recorders, etc. The using,
operating or permitting to be played, used or operated, either indoors
or outdoors, of any radio, receiving set, television receiver, musical
instrument, phonograph, tape recorder or other machine or device of
any type or technology for the producing or reproducing of sound in
such a manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person or persons who are in the room,
vehicle, chamber or premises in which or at which such machine or
device is operated and who are voluntary listeners thereto.
b.
Loudspeakers, amplifiers, etc. The using, operating or permitting to be played, used or operated of any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device of any type or technology for the producing or reproducing of sound, which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, except as authorized by the Township Administrator in connection with law enforcement or public emergencies. Further, such devices may be used in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with a permit issued therefor pursuant to Subsection 3-3.4 below.
c.
Animals, birds, etc. The keeping of any animal, including, but not
limited to, any dog, or bird which, by causing frequent or long-continued
excessive, loud or considerable noise, shall disturb the comfort or
repose of any persons in the reasonable use and enjoyment of their
property. Animals used as part of a commercial agricultural operation,
activity or structure as may be permitted or authorized pursuant to
N.J.A.C. 4:1C-10, as may be amended, are exempt from this provision.
d.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, streetcar, bus or other vehicle
in the Township except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound;
the sounding of any such device for an unnecessary and unreasonable
period of time; the use of any horn, whistle or other device operated
by engine, exhaust or by compressed air or gas or by vacuum; and the
use of any such signaling device when traffic is for any reason not
moving normally.
e.
People noise. Yelling, shouting, whistling, singing, or conducting
unnecessarily loud or annoying vocal utterances at any time or place
so as unreasonably to annoy or disturb the quiet, comfort, or repose
of any person in any residence, school, place of business, street,
or public place.
f.
Nonvehicular whistles, horns and other signaling devices. The sounding
of any whistle, horn and other signaling device except to give notice
of the time to begin or stop work or as a warning of fire or danger,
or upon request of proper Township authorities, or as may be required
by law or ordinance.
g.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention to any performance, show or sale.
h.
Lawnmowers, chainsaws. The operation or use of any power lawnmower
between the hours of 9:00 p.m. and 8:00 a.m., and chainsaw between
the hours of 9:00 p.m. and 8:00 a.m.; except that use of any chainsaw
shall not be prohibited during these times when used in response to
an emergency, such as to clear a walkway or street from fallen branches
or trees following a storm or other natural disaster.
i.
Defective or altered exhaust systems. The use of any automobile,
motorcycle, motor vehicle or internal combustion engine creating loud,
annoying or unnecessary noises by reason of a defective muffler or
mufflers or where a muffler or mufflers have been altered from their
original condition to create or cause such noise.
j.
Vehicles, motors — private property. The use of any automobile,
motorcycle, motor vehicle or internal combustion engine, whether licensed
or unlicensed, on private property, in or adjacent to a residential
district, in such a way as to cause loud, unnecessary or unusual noises
which annoy or disturb occupants of residential premises through the
use of such automobile, motorcycle, motor vehicle or internal combustion
engine by, for example, but not limited to, the following: idling
of engines, unnecessary acceleration and deceleration, and racing
of engines.
k.
Construction work.
1.
The excavation, grading, paving, erection, demolition, alteration
or repair of any premises, street, building or structure at any time
on Sundays, or other than between the hours of 8:00 a.m. and 6:00
p.m. on Saturdays or between the hours of 7:00 a.m. and 7:00 p.m.
on other weekdays, except in the case of urgent necessity in the interest
of public health and safety. Manual (not assisted by electrical or
mechanical machinery or equipment) painting is not regulated hereunder.
The provisions of this paragraph shall not apply to interior or exterior
repairs or alterations, the work for which is actually performed by:
(a)
A homeowner or occupant personally upon residential premises
that are owned by such homeowner or that are occupied by such occupant;
or
(b)
A volunteer or group of volunteers who receive no compensation
for the work upon premises operated by a nonprofit organization qualified
under Section 501(c) of the U.S. Internal Revenue Code.
2.
In the reasonable exercise of its discretion, the Township Committee
may relax the provisions of this paragraph at the written request
of a property owner and submission of proof that the strict application
of this paragraph would:
l.
Blowers, fans or engines. The operation of any noise-creating blower
(including, but not limited to, leaf blowers) 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, fan or combustion engine is adequately muffled and such
engine is equipped with a muffler device sufficient to deaden such
noises. In addition, the operation or use of any of such equipment
between the hours of 10:00 p.m. and 8:00 a.m. Monday through Saturday,
and 10:00 p.m. and 10:00 a.m. on Sundays, shall not be permitted;
except that the use of any snow blower shall not be prohibited during
those times when used to clear sidewalks, walkways or driveways following
a snowstorm, nor shall the use of any portable generator be prohibited
during those times when used during a power outage caused by a storm
or other natural disaster.
[Ord. #08-1305, S 1]
a.
Application for Permit. A person seeking issuance of a permit hereunder
shall file an application with the Administrator on forms provided
for that purpose.
1.
Filing. An application for a permit shall be filed with the Township
Administrator not less than 10 days nor more than 30 days before the
date on which it is proposed to conduct the event.
2.
Contents. The application for a permit shall set forth the following
information:
The name, address and telephone number of the person who is
seeking to conduct the event.
If the event is proposed to be conducted for or on behalf of
an organization, set forth the names, addresses and telephone numbers
of the headquarters of the organization and of the authorized and
responsible head of such organization.
The name, address and telephone number of the person who will
be the Chairman, Chairperson or individual in charge and actually
responsible for the conduct of the event.
The date upon which the event shall be held.
The approximate number of persons expected to attend.
The form of amplification including speaker size, where appropriate.
The specific location by street, lot or block or other specific identification
at which the event will be located.
The time of commencement and the time of conclusion of the event
where the event is designed to be held by or on behalf of any organization
not represented by the actual applicant, the application shall be
accompanied by a communication, in writing, authorizing the applicant
to apply for the permit on its behalf.
3.
Late Applications. The Administrator, where good cause is shown,
shall have the authority to consider any application under this subsection
which is filed less than 10 days before the date of the event in question.
b.
Issuing Standards. The Township Administrator shall issue a permit
as provided for in this section when, from a consideration of the
application and from such other information as may be otherwise obtained,
he finds that:
1.
The conduct of the event will not substantially interrupt the peace
and quiet of the neighborhood or immediate area in which or near which
the event is to be located.
2.
The event will not require the diversion of police officers of the
Township to properly maintain the orderly movement of traffic in the
neighborhood.
3.
The true purpose of the event is conducted by one of those organizations as set forth in section 3-3.4a2.
4.
The Township Administrator shall act upon the application for a permit
within four days after the filing thereof and shall, within such time,
notify the applicant of his action and, in the event of denial of
the permit, the reasons therefor.
5.
Applying the standards in this subsection, and to ensure that the
comfort or repose of any persons in the reasonable enjoyment of their
property is not disturbed, the Township Administrator shall have the
authority, on notice to the applicant, to amend the time of the starting
and/or conclusion time(s) of the event which is the subject of the
permit application.
c.
General Regulations for Permits. No organization shall be eligible
for more than one permit per year.
|
Any permit issued hereunder shall be subject to and not valid
until the Administrator shall have received, from the applicant, its
certification that all property owners located within 200 feet of
the property lines of the lot upon which the event is to be held have
been notified, in writing, either by certified mail, ordinary mail
or by leaving a notice at the premises of any such owner.
|
[1]
Editor's Note: Former Subsection 3-3.4, Measured Sound Pressure
Levels, was repealed 3-15-2018 by Ord. No. 18-1570, which ordinance
also provided for the renumbering of the remaining subsections in
this section.
[Ord. #78-350, S 5; Ord. #08-1305, S 1; amended 3-15-2018 by Ord. No. 18-1570]
Nothing in this section shall be construed to apply to the following:
a.
Municipal, county, state or federal government agencies in connection
with any emergency or normal working activities or activities sponsored
by the Township Committee.
b.
Warning devices on authorized emergency vehicles.
c.
Horns or other warning devices on other vehicles used for traffic
safety purposes.
d.
Commercial agricultural operation, activity or structure as may be
permitted or authorized pursuant to N.J.A.C. 4:1C-10, as may be amended.
[Ord. #78-350, S 6; Ord. #08-1305, S 1]
[Ord. #84-477, S 1]
As used in this section:
Shall mean any vehicle which can not be started upon the
request of the enforcement officer of this section or cannot be lawfully
driven, or for any other reason will not run. A vehicle shall also
be considered inoperable if the owner refuses to start it.
Shall mean any individual person, group of persons, partnership,
corporation, firm or association or any other entity.
[Ord. #84-477, S 2]
A vehicle which has remained on or along any highway or other
public property or on private property without the consent of the
owner or other person in charge of such private property for a period
of more than 48 hours or for any period without current license plates
shall be presumed to be an abandoned motor vehicle.
[Ord. #84-477, S 3]
No person shall park, leave or store an abandoned, inoperable,
unlicensed or uninspected motor vehicle, truck trailer or automotive
parts on any public lands or premises except in case of emergency
and then for a period of not more than 48 hours. In any event, the
owner or operator of such motor vehicle, truck trailer or automotive
parts shall immediately notify the Police Department when such emergency
exists.
[Ord. #84-477, S 4]
No person shall park, leave, store or maintain any abandoned,
inoperable, unlicensed or uninspected motor vehicle, truck trailer
or automotive parts upon any private lands or premises.
[Ord. #84-477, S 5]
No owner or occupier of any private lands or premises shall
permit any abandoned, inoperable, unlicensed or uninspected motor
vehicle, truck trailer or automotive parts to be parked, left, stored
or maintained on his lands or premises.
[Ord. #84-477, S 6]
This section shall not apply to any motor vehicle, truck trailer
or automotive part that is:
a.
Located or stored on the lands and premises of a new car dealer or
a service station while for sale; or
b.
Located or stored in an enclosed garage or other enclosed buildings;
or
c.
On the premises and associated with the lawful operation of a commercial
garage; or
d.
Any motor vehicle which has a current "Antique Motor Vehicle" license
plate issued by the Department of Motor Vehicles; or
e.
Vehicles or parts used for farming or agricultural purposes or industrial
or mining purposes; or
f.
Located on premises owned or occupied by the owner of the inoperable
vehicle where such vehicle is actually in the process of being repaired,
but in no event shall such repair continue for a period of more than
30 days and provided, further, that no more than one such vehicle,
in the process of being repaired, shall be located on any lot at one
time.
[Ord. #84-477, S 7]
a.
When a violation of this section is observed on private property
or public property other than a highway, notice shall be sent to the
owner and/or occupier of the premises in the case of private property.
Such notice shall describe the violation and provide the recipient(s)
with 10 days from the date of the notice within which to correct the
violation. After the expiration of the ten-day period, each day that
the violation continues shall be considered a separate offense. When
the abandoned vehicle is found on a highway, the provisions of N.J.S.A.
39:4-56.1 et seq. shall apply.
b.
The notice shall describe, in addition to the violation, any action
necessary to correct the violation. Further, the notice shall state
that each day after the deadline expressed in the notice shall constitute
a separate offense. The notice shall be sufficient in regard to the
owner of an inoperable vehicle where his address is determined from
the Division of Motor Vehicles of the State of New Jersey or any other
jurisdiction. Notice to the landowner shall be sufficient where the
name and address of such owner is determined from the latest tax duplicate
of the assessor of the Township. Notice to any occupier shall be sufficient
where a copy of the notice is posted in a conspicuous place on the
private property on which the inoperable vehicle is located and a
duplicate copy is sent to the occupier of the private property at
his last known address. Such notices shall be served either personally
or by ordinary mail.
[Ord. #84-477, S 8]
a.
If the violation described in the notice is not remedied within the
time period set forth therein, it may be taken into possession and
removed from the premises where the vehicle is found to be on public
property or constitutes a nuisance as described in paragraph b below.
It shall be unlawful for any person to interfere with, hinder, or
refuse to allow the entry upon private property for the removal of
the inoperable vehicle in question.
b.
No inoperable vehicle shall be taken into possession and removed
where it is determined that the owner of the same resides upon the
premises where the violation has been found to exist as his principal
place of residence, except where the Chief of Police finds that the
inoperable vehicle constitutes an attractive nuisance which is likely
to cause personal injury to the public.
c.
Within 48 hours of removal of such inoperable vehicle, notice shall
be given to the owner of the vehicle, if known, and also to the owner
or occupant of the private property from which the vehicle was removed,
that the inoperable vehicle has been impounded and stored as a result
of the violation of this section. Such notice shall give the location
of the inoperable vehicle so removed and the name and address of the
contractor responsible.
d.
Any inoperable vehicle taken into possession as provided in this
section shall be disposed of as provided in N.J.S.A. 39:10A-1 et seq.
unless the same is redeemed by its owner prior to any sale under such
statute.
[Ord. #84-477, S 9]
[Ord. #295, S 1; amended 10-26-2022 by Ord. No. 22-1690]
No person shall consume or offer to another for consumption any alcoholic beverages in, on or upon any public street, sidewalk, park, playground, or in, on or upon any land or building owned or occupied by the federal, state, county or municipal government, including the Board of Education. Notwithstanding the provisions contained herein, the Township Committee may issue a Special Permit, pursuant to and in accordance with the provisions set forth in Section 3-5.4, for the consumption of alcoholic beverages on or upon any building owned or occupied by the Township.
[Ord. #295, S 2; Ord. #90-684, S 1]
No person shall consume alcoholic beverages or offer to another
for consumption any alcoholic beverages in, on or upon any place to
which the public at large is generally invited, provided however,
that nothing herein shall be construed to prohibit the consumption
or sale of alcoholic beverages within the licensed premises of a plenary
retail consumption liquor license nor, where permitted by the operator
or proprietor of a retail food establishment, the consumption of alcoholic
beverages within a retail food establishment licensed by the Board
of Health which offers seating facilities for consumption of food
on the premises.
[Ord. #295, S 3, 4]
a.
No person shall have in his possession or possess any alcoholic beverage
in, on or upon any public street, sidewalk, park, playground or in,
or upon any land or building owned or occupied by a Federal, State,
county or municipal government unless the same is contained within
a closed or sealed container.
b.
No person shall have in his possession or possess any alcoholic beverage
in or upon any place to which the public at large is generally invited
unless the same is contained within a closed or sealed container,
provided however, that nothing herein shall be construed to prohibit
the possession of alcoholic beverages within the licensed premises
of a plenary retail consumption liquor licensee.
[Ord. #295, S 5]
Notwithstanding the provisions contained herein, the Township
Committee may issue a Special Permit, upon application, for the consumption
of alcoholic beverages at a picnic or other activity sponsored by
a responsible group or organization.
[Ord. #297, S 1]
It shall be unlawful to operate any type of unlicensed, motor-driven
vehicle or conveyance, including, but not necessarily limited to snow-mobiles,
two-wheel motor vehicles known as minibicycles, trail cycles, motor
scooters and four-wheel vehicles known as go-carts under the following
circumstances:
a.
On private property of another without the express written consent
of the owner or occupant of said property. Where such express prior
written consent has been obtained, the operator shall keep the same
on his person, available for immediate display, during such period
of operation;
b.
On any public ground or property;
c.
In such manner as to create loud, unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons,
or in such manner as to unreasonably interfere with the enjoyment
of life or property.
d.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person.
[Ord. #297, S 2]
Each motor-driven vehicle shall at all times be equipped with
a muffler, in good working order, and no person shall use a muffler
cut-out, by-pass or similar device.
[Ord. #297, S 3]
The provisions of subsection 3-6.1a shall apply to licensed two-wheel motor-driven vehicles known as motor cycles, trail cycles, motor scooters and the like, where the same is operated on private property on premises other than a driveway, or other way or access provided by the owner or occupant thereof for travel thereon of motor-driven vehicles.
[Ord. #297, S 4, 5]
[Ord. #79-380; New]
No person, while on foot or traveling by any other means other
than in a motor vehicle as defined in N.J.S.A. 39:1-1 shall knowingly
flee from or attempt to elude any law enforcement officer after having
received a signal from such officer to halt.
[Ord. #222, S 1; New]
All brush, hedges and other plant life, located both within
20 feet of the edgeline of any roadway and within 35 feet of the intersection
of the edgelines of the two roadways, shall not exceed 2 1/2
feet in height. It is the responsibility of the owner or occupant
of the property herein described to keep such brush, hedges and other
plant life trimmed to a height not in excess of 2 1/2 feet. The
provisions of this subsection shall not apply to hardwood trees or
to coniferous trees which are pruned so that all limbs of such trees
are removed from grade to a point 10 feet above grade.
[New]
As used in this section:
Shall mean the edge of pavement or traveled surface of any
street.
[Ord. #222, S 2; New]
Where owners or occupants refuse or neglect to comply with the
provisions of this section, the Chief of Police shall notify the owner
and/or occupant by ordinary mail, according to the address provided
on the tax records of the Township, of the provisions of this section
and that they are in violation thereof and that if they fail to comply
with the terms of the section within 10 days from the date of the
mailing of such notice, the municipality will cause the brush, hedges
or other plant life to be cut or trimmed to the required 2 1/2
feet and shall charge the cost of the work to the owner of the property
and will collect the same by adding the cost thereof to the tax bill
of such property in accordance with N.J.S.A. 40:48-2.27.
[Ord. #222, S 2; New]
Where it becomes necessary for the Township to cut or trim brush,
hedges or other plant life in accordance with the provisions of this
Chapter, the work shall be authorized and supervised by the Superintendent
of Public Works who shall certify the cost of performing such work
to the Township Committee. The height of the resulting vegetation
as provided in this section shall be measured from street level. The
Township Committee shall determine the reasonableness of such cost
and authorize the charge of the same or such lesser sum as shall be
deemed reasonable against the land as provided by law.
[Ord. #222, S 2; New]
In addition to any other provision and penalty herein set forth, any person who shall refuse or neglect to cut any brush, hedges or other plant life in the manner and within the time provided shall, upon conviction, be punishable in accordance with section 1-5 of this Code.
[Ord. #317, S 1]
As used in this section:
Shall mean any gun, shotgun, rifle, pistol, revolver or other
device from which a bullet, shot, ball, slug or other solid projectile
is propelled by means of a cartridge or shell or the action of an
explosive or the igniting of flammable or explosive substances.
[Ord. #317, S 2]
It shall be unlawful for any person to discharge any firearm
across any State, county or municipal road or highway, and no person,
except the owner or lessee of the property and persons specifically
authorized by him in writing, shall have in his possession a loaded
firearm or discharge such firearm while within 450 feet of any occupied
dwelling or a building or within 450 feet of any school playground.
[Ord. #317, S 3; New]
Nothing contained in this section shall be interpreted to prohibit
the use of discharge or possession of firearms by:
a.
Any police officer, constable or other duly constituted officer under
the laws of the State of New Jersey, or of the United States of America
authorized to carry firearms in the performance of his official duties.
b.
Members of the Armed Forces of the United States of America when
on duty.
c.
Persons lawfully using firearms in the defense or protection of person
or property.
d.
Hunters lawfully complying with the requirements and provisions of
Title 23 of the Revised Statutes, as amended, or any rules and regulations
promulgated thereunder; provided, however, that such persons have
in their possession a valid hunting license.
e.
Any farmer or fruit grower using firearms against gray squirrels,
rabbits or hares on property owned or leased by them and used for
the raising of fruit, vegetables, trees, shrubbery, nursery stock
or other produce; provided, however, such persons fully comply with
N.J.S.A. 23:4-9.
f.
Any person killing crows, woodchucks and vermin when in the act of
destroying poultry, crops or property as permitted by N.J.S.A. 23:4-25.
g.
Any owner or lessee of any land, a portion of which is pasturefields
seeded with cultivated grass or land on which planted crops are growing,
or the authorized agents of the owner or lessee of such land having
in their possession a written permit issued by the Division of Fish,
Game and Shell Fisheries in the New Jersey Department of Environmental
Protection and countersigned by the owner or lessee and in accordance
with N.J.S.A. 23:4-42, killing any deer that may be found on that
land during the period covered by the permit. This exception shall
not be valid for such activity between sunset and sunrise.
h.
Persons engaged in target practice within a dwelling or building
when employing the use of a properly constructed "bullet trap."
i.
Persons while on property owned or leased by such persons with the
dated, written permission of the owner or occupant of a dwelling or
building where such dwelling or building is within 450 feet of the
possession or discharge of the firearm(s).
[Ord. #83-447]
The Township Committee hereby finds that parking spaces intended
for use by handicapped persons only have been used by others because
of deficient striping and signage at certain semi-public areas. The
purpose of this section is to provide for parking spaces reserved
for use by handicapped persons, the enforcement of such regulations
and the provision of striping and signage with respect to each such
space, all under the authority of N.J.S.A. 40:45-2.46.
[Ord. #83-447]
There is hereby established parking spaces reserved for use
by handicapped persons only at the following locations:
a.
Montgomery Shopping Center — six spaces as shown on the attached
map entitled "Montgomery Center, Handicapped Facilities, Route 206,
Rocky Hill, N.J.", Lot 8, Block 29001, dated: January 26, 1983.
b.
Village Shopper — three spaces as shown on the attached map
entitled "Village Shopper, Handicapped Facilities, Route 206, Rocky
Hill, N.J.", Lots 68 and 69, Block 25001, dated: January 28, 1983.
c.
Princeton North Shopping Center — four spaces as shown on the
attached map entitled "Princeton North Shopping Center, Handicapped
Facilities, Route 206, Rocky Hill, N.J.", Lot 9, Block 35001, dated:
January 27, 1983.
d.
Meadows
at Montgomery — 12 spaces as shown on the attached map[1] entitled "The Meadows at Montgomery, Active Adult Community,
Signage and Striping Plan, Block 4020, Lot 1, Township of Montgomery,
Somerset County, New Jersey," prepared by PS&S, dated March 25,
2020, with most recent revisions dated August 4, 2022.
[Added 9-1-2022 by Ord. No. 22-1689]
[1]
Editor's Note: Said map is on file in the Township offices.
[Ord. #83-447, S 2]
No person shall park a vehicle in a parking space designated
and marked as being set aside for the physically handicapped, unless
the vehicle shall have affixed thereto an identification certificate
or marker issued by the Director of the Division of Motor Vehicles
of the State of New Jersey or its equivalent in the case of a vehicle
registered to another State. A rebuttable presumption shall be created,
that the use of the space was not for the physically handicapped,
when a vehicle lacking such identification is observed therein.
[Ord. #83-447, S 3]
Any person who parks a vehicle in a parking space designated and marked as being set aside for the physically handicapped in violation of subsection 3-10.3 above shall be subject to a fine of not less than $50.
[Ord. #83-447]
The owners of the premises referred to in subsection 3-10.2 above shall provide and install signs and pavement markings for each parking space reserved for use by handicapped persons which markings and signage shall be in accordance with Exhibit 1 attached hereto entitled "Typical Handicapped Parking Space Details" which exhibit is incorporated herein and made a part hereof. The cost of procurement and installation of the signs and pavement markings shall be that of the owner. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition, at no cost or expense to the Township. The owner shall repair, restore or replace the same or any of them within a reasonable time after receipt of a written notice from the Public Safety Committee to do so, which notice shall be sent by certified mail to the address of the owner as shown on the tax records of the Township.
[Ord. #84-470, S 1; Ord. #96-881, S 4]
The Township Committee hereby finds that the lack of enforceable regulations with regard to (1) parking in fire lanes in parking yards and parking places which are open to the public in Montgomery Township; (2) access to fire hydrants provided pursuant to Chapter 13, Section 13-5; (3) access to Fire Department connections provided pursuant to Chapter 13, Section 13-6; and (4) access points to commercial buildings located within the municipality propose a substantial threat to the health, safety and welfare of the citizens of the Township. It is therefore the purpose of the Township Committee, by this section to establish fire lanes within such areas of the municipality to which the public is invited pursuant to N.J.S.A. 40:48-2.46, and increase access to fire hydrants, fire department connections and commercial buildings located within the municipality, and thereby promote the public health, safety and welfare.
[Ord. #84-470, S 2; Ord. #92-755, S 1]
No person shall park a vehicle in any fire lane established pursuant to subsections 3-11.3 and 3-11.7 of this section.
Vehicles may be stopped in such lanes, however, under the following
circumstances.
a.
A vehicle may be stopped to discharge or pick up passengers in a
fire lane provided that the engine remains running and the driver
remains with the vehicle at all times.
b.
The operator of a commercial vehicle may unload goods in a fire lane
providing:
1.
The structure, store or use to or from which the goods are being
moved has no other entrance usable for such purpose or designated
loading area; and
2.
The driver shall remain with the vehicle or be engaged in activities
attendant to unloading the same at all times, to operate it in case
of an emergency; and
3.
The operator of the vehicle does not stop or stand in the fire lane
while not engaged in one of the above enumerated activities.
[Ord. #84-470, S 3; Ord. #96-884, S 1]
There are hereby established fire zones in parking yards and
parking places, which are open to the public or to which the public
is invited, as detailed on the drawings referred to below:
a.
Lots 14 and 15, Block 19001, known as "Burnt Hill and Orchard Road
Schools," as shown on a map entitled "Burnt Hill & Orchard Road
Schools" prepared by Kent L. Scully, Township , dated November 4,
1996.
b.
Lot 1.03, Block 30003, known as "Cherry Valley Country Club," as
shown on a map entitled "Cherry Valley C.C." prepared by Kent L. Scully,
Township Engineer, dated November 4, 1996.
c.
Lot 8, Block 20001, known as "Dakota's Chop House," as shown on a
map entitled "Dakota's Chop House" prepared by Kent L. Scully, Township
Engineer, dated November 4, 1996.
d.
Lot 6, Block 35001, known as "Montgomery Diner," as shown on a map
entitled "Montgomery Diner" prepared by Kent L. Scully, Township Engineer,
dated November 4, 1996.
e.
Lot 8.34, Block 19001, known as "Montgomery High School," as shown
on a map entitled "Montgomery High School" prepared by Kent L. Scully,
Township Engineer, dated November 4, 1996.
f.
Lot 46, Block 29002, known as "Montgomery Shopping Center," as shown
on a map entitled "Montgomery Shopping Center" prepared by Kent L.
Scully, Township Engineer, dated November 4, 1996.
g.
Lots 45, 47, 57, Block 34001, known as "Princeton Airport," as shown
on a map entitled "Princeton Airport" prepared by Kent L. Scully,
Township Engineer, dated November 4, 1996.
h.
Lot 9, Block 35001, known as "Princeton North Shopping Center," as
shown on a map entitled "Princeton North Shopping Center" prepared
by Kent L. Scully, Township Engineer, dated November 4, 1996.
i.
Lot 61, Block 28001, known as "Tigers Tale," as shown on a map entitled
"Tigers Tale" prepared by Kent L. Scully, Township Engineer, dated
November 4, 1996.
j.
Lots 65, 68 and 69, Block 28001, known as "Village Shopper," as shown
on a map entitled "Village Shopper" prepared by Kent L. Scully, Township
Engineer, dated November 4, 1996.
|
The above maps are incorporated herein and made a part hereof
and are on file in the office of the Township Clerk. Unless otherwise
noted, lot and block references refer to Montgomery Township Tax Map
revised edition 1995.
|
[Ord. #84-470, S 4; Ord. #96-881, S 5]
[Ord. #84-470, S 5; Ord. #96-881, S 10]
The signs and pavement markings shown on the maps referred to in subsection 3-11.3 and required in accordance with the regulations set forth in subsection 3-11.6 shall be procured and installed by the owner of each property referred to in subsection 3-11.3. The owner of such property, as referred to in subsection 3-11.3, shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Township. To that end, the owner shall repair, restore or replace the same or any of them within a reasonable time after receipt of written notice from the Fire Official of the Township to do so which notice shall be sent by certified mail to the address of the owner as shown on the Township's tax records.
The owners of the properties referred to in subsection 3-11.3 shall cause all required signs and pavement markings to be completed, in a workmanlike fashion, within 120 calendar days from the effective date of this section. Any owner who shall fail to comply with the requirements of this subsection shall be subject to a fine of not more than $500. Each day that such violation exists shall constitute a separate offense.
[Ord. #84-470, S 6; Ord. #96-881, S 6]
The following standards shall apply to fire lanes designated and shown on the maps referred to in subsection 3-11.3:
a.
Pavement Markings. The pavement within established fire lanes shall
be painted yellow to delineate the borders of said zones which shall
extend 10 feet from the curb. In addition, the pavement within said
borders shall be painted with the words "No Parking, Fire Zone". The
words "No Parking, Fire Zone" shall be painted on the pavement at
major vehicular entrances to said fire lanes and every 100 feet along
the entire length of the lanes and at other locations within the lanes
as determined by the Fire Official. Such lettering shall be painted
in yellow block letters not less than 18 inches high with six inch
wide strokes. Such markings shall be repainted as frequently as needed
to maintain high visibility to vehicular traffic within and near the
fire lanes. The aforesaid standards may be modified by the Board of
Fire Prevention where, in the reasonable opinion of the Board of Fire
Prevention, the strict application of these standards could interfere
with the free flow of traffic, or create or exacerbate a condition
affecting the public health, safety or welfare.
b.
Signage. Traffic signs shall be installed within established fire
lanes as required by the following standards:
1.
All signs shall be rectangular with a red message on a white background.
All corners shall be rounded and all signs shall have a red border.
2.
All signs shall be a minimum of 12 inches by 18 inches with the longer
dimension vertical, and shall be made of metal or comparable durable
material.
3.
The message on all signs shall be as follows:
4.
All signs shall be illuminated or reflectorized to be visible during
hours of darkness.
5.
Signs shall be displayed in each designated fire lane to face all
directions of traffic flow and within said lanes. Signs shall be installed
so that the maximum distance between signs facing the same direction
of traffic flow shall be 50 feet. All signs shall be mounted approximately
at right angles to the direction of traffic.
6.
All signs shall be installed so that the bottom of each sign is approximately
five feet from the pavement.
7.
All signs shall be kept in good order and clearly legible at all
times. Damaged or faded signs shall be promptly replaced by the landowner.
[Ord. #92-755, S 1]
a.
Unpaved fire lanes installed on public or private property shall comply with the "Fire Lane Typical Details" Installation Methods Blueprint available from the Montgomery Township Fire Official and set forth in subsection 16-5.19, and said lanes must be approved by the Fire Official.
b.
The minimum fire lane width shall be 18 feet.
c.
Gates, chains or other methods utilized to prevent unauthorized access
to fire lanes shall be approved by the Fire Official prior to installation.
d.
Fire lanes shall be installed and maintained by the owner of the premises in conformance with the provisions of this subsection 3-11.7a.
e.
Fire lanes shall be maintained free of obstructions at all times, subject to subsection 3-11.2 above.
f.
The Fire Official or a police officer of Montgomery Township shall
have the authority to remove or have removed such obstructions or
vehicles as may violate this subsection at the expense of the owner
of the obstruction or vehicle.
[Ord. #96-881, S 7]
a.
It shall be unlawful to damage or deface a fire hydrant.
b. 
It shall be unlawful to block, obstruct or otherwise re-strict access
to a fire hydrant by stopping a vehicle or placing, either directly
or indirectly, an object which acts to block, obstruct or otherwise
restrict access thereto, within a twenty (20) foot wide area extending
ten (10) feet from the curb where said fire hydrant is located. Said
area shall include only those portions which extend from the curb
to a private street, public street or access lane. (See diagram below.)
c.
If a violation of this section is not remedied and obstructions or encroachments are not removed, the Police Department and/or Fire Official may proceed to remove the same. The Township may institute appropriate actions for the recovery of costs incurred in the performance of the removal of obstructions or encroachments. Said costs shall be in addition to the penalty provided in subsection 3-11.4.
[Ord. #96-881, S 8]
a.
It shall be unlawful to damage or deface a fire department connection.
b. 
It shall be unlawful to block, obstruct or otherwise restrict access
to a fire department connection by stopping a vehicle or placing,
either directly or indirectly, an object which acts to block, obstruct
or otherwise restrict access thereto, within an area extending ten
(10) feet in all directions from the curb where said fire department
connection is located, or such alternate area as may be approved by
the Board of Fire Prevention where the aforesaid area is impractical
or unsafe. (See diagram below.)
c.
If a violation of this section is not remedied and obstructions or encroachments are not removed, the Police Department and/or Fire Official may proceed to remove the same. The Township may institute appropriate actions for the recovery of costs incurred in the performance of the removal of obstructions or encroachments. Said cost shall be in addition to the penalty provided in subsection 3-11.4.
[Ord. #96-881, S 9]
It shall be unlawful to block, obstruct or otherwise restrict
access to a commercial building by placing, either directly or indirectly,
an object which acts to block, obstruct or otherwise restrict access
thereto, within an area extending eighteen (18) feet in depth and
ten (10) feet in width from any access point to said building. Access
points shall include all entrances, doors and openings which are subject
to common use by individuals, including employees, for egress and
ingress to said building. (See diagram below.)
[Ord. 90-669, S 1]
Expansion of operations at the airport located in Montgomery
Township has resulted in an increase in the number of aircraft departing
and landing at the airport. The expansion of these operations has
generated greater concern and more complaints from residents about
noise and safety associated with movement of aircraft. Identification
of aircraft traveling in the air from the ground is difficult by sight,
and the ability of residents and local officials to constructively
interact with the Federal Aviation Administration and other officials
having jurisdiction over aircraft concerning noise and safety problems,
and with each other, is hampered when the identification of aircraft
that may deviate from established flight patterns or, otherwise create
noise or safety problems, cannot be made. Some pilots may not be completely
familiar with the established flight pattern(s) and increased awareness
of such pattern(s) may reduce instances of deviation therefrom.
[Ord. #90-669, S 1; Ord. #93-790, S 1]
The purposes of this section are to (a) establish a requirement
that a log be maintained at aviation facilities so that Township residents
and officials may more readily identify aircraft that pose a threat
to the safety of Township residents or interfere with the peaceful
enjoyment by residents of their property through generation of excessive
noise, (b) facilitate compliance with established flight pattern(s)
by aviators by requiring the posting of such flight pattern(s) and
thereby promote the general health, safety and welfare of Township
residents, and (c) to set forth an expression by the Township of its
interests and concerns regarding the operation of airports within
the borders of the Township.
[Ord. #90-669, S 1; Ord. #90-698, S 1; Ord. #93-790, S 2]
Except as this requirement may be preempted by the jurisdiction,
regulations, actions, or activities of other governmental agencies,
and provided airport officers, agents or employees are on the premises,
between sunrise and sunset, the owner of any airport in Montgomery
Township shall be required to maintain and make available for public
inspection a log at the airport recording for each takeoff or landing
occurring during those hours, the following information: identification
number ("N-number") of aircraft, runway used, date and time of takeoff
or landing.
[Ord. #90-669, S 1; Ord. #93-790, S 3]
Except as this requirement may be preempted by the jurisdiction,
regulations, actions, or activities of other governmental agencies,
the owner of any airport in Montgomery Township shall cause notice
of any and all landing and takeoff patterns established by the Federal
Aviation Administration or other governmental agency having jurisdiction
thereover to be conspicuously posted at the following locations: airport
business office, pilots' lounge and a location near the entrance to
the runway reasonably calculated to be viewed by pilots departing
the airport.
[Ord. #93-790, S 4]
In the event this section or any portion thereof is preempted
by the jurisdiction, regulations, actions, or activities of other
governmental agencies and therefore unenforceable by the Township,
it shall nevertheless remain a viable and valid expression of the
Township's interests and concerns as to the subject matter of the
section.
[Ord. #95-852, S 1; Ord. #01-1023, S 1; Ord. #06-1238, S
1; amended 11-1-2018 by Ord. No. 18-1596]
Pursuant to P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug Free
School Zones Map dated October 5, 2018, and prepared by the Township
Engineer, is hereby approved and adopted as an official finding and
record of the location and boundaries within Montgomery Township of
areas on or within 1,000 feet of any school property used for school
purposes which is owned by or leased to any elementary or secondary
school or school board. The schools identified on the Drug Free School
Zones Map are: East Mountain School, Montgomery High School, Montgomery
Upper Middle School, Montgomery Lower Middle School, Orchard Hill
Elementary School, Princeton Montessori School, Rock Brook School,
Village Elementary School, and Waldorf School. In addition to the
prosecution of violations under N.J.S.A. 2C:35-7, said map may also
be used in the prosecution of violations pursuant to N.J.S.A. 39:4-50(g).
[Ord. #95-852, S 12]
The Drug Free School Zones Map approved and adopted pursuant to Subsection 3-13.1 of this chapter shall constitute an official finding and record of the Township of Montgomery of the location and boundaries of areas on or within 1,000 feet of any property used for school purposes which is owned by or leased to an elementary or secondary school or school board.
[Ord. #95-852, S 1]
The original Drug Free School Zones Map adopted pursuant to Subsection 3-13.1 of this chapter shall be maintained on file as an official record of the Township of Montgomery in Somerset County with the Township Clerk. The Clerk shall provide at a reasonable cost a true copy of the Drug Free School Zones Map to any person, agency, or court which may, from time to time request such copy, together with a certification that such copy is a true copy of the map approved pursuant to Subsection 3-13.1 and maintained as an official record of the Township of Montgomery by the Clerk.
[Ord. #01-1023, S 1; amended 11-1-2018 by Ord. No. 18-1596]
Pursuant to P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug
Free Public Park Zones Map dated October 5, 2018, and prepared by
the Township Engineer, is hereby approved and adopted as an official
finding and record of the location and boundaries within Montgomery
Township of areas on or within 500 feet of any public park as defined
in N.J.S.A. 2C:35-7.1f. The public parks identified on the Drug Free
Public Park Zones Map are: Bessie Grover Park, Broadway Field, D&R
Canal Park (two locations), Harlingen Green, Hobler Park, Ingersoll
Rand Park, Ingersoll Rand Tract, Lubas Field, Mill Pond Park, Montgomery
Little League Field, Montgomery Park, Sourland Mountain Preserve,
Swann Pathways, Woodcrest Estate Pathways (two locations), Woodsedge
Park, Woodsedge Pathway, Kings Crossing Pathway, Van Horne Park, Skillman
Park, Montgomery Dog Park, Otto Kaufman Community Center, Addison
Pathway, Boardwalk Area Mill Pond, Cherry Brook Preserve, Country
Classics at Dutchtown, Country Classics Pathways, Kings Crossing Pathway
Extension, Rock Mill Park, Skillman-Sunset Pathways, Styles-Zion Crossing,
Saxon Ridge, and Panicaro Park.
[Ord. #01-1023, S 1]
The Drug Free Public Park Zones Map approved and adopted pursuant to Subsection 3-13.4 of this chapter shall constitute an official finding and record of the Township of Montgomery of the location and boundaries of areas on or within 500 feet of any public park.
[Ord. #01-1023, S 1]
The original Drug Free Public Park Zones Map adopted pursuant to Subsection 3-13.4 of this chapter shall be maintained on file as an official record of the Township of Montgomery in Somerset County with the Township Clerk. The Clerk shall provide at a reasonable cost a true copy of the Drug Free Public Park Zones Map to any person, agency, or court which may, from time to time, request such copy together with a certification that such copy is a true copy of a map approved pursuant to Subsection 3-13.4 and maintained as an official record of the Township of Montgomery by the Clerk.
[Ord. #97-902, S 2]
The Township Committee hereby finds that the lack of enforceable
regulations with regard to parking in designated striped spaces in
parking yards and parking places which are open to the public in Montgomery
has resulted in vehicles parking and stopping in an improper and hazardous
manner and thereby proposes a substantial threat to the health, safety
and welfare of the citizens of the Township. It is, therefore, the
purpose of the Township Committee, by this section to establish designated
striped parking spaces within such areas of the municipality to which
the public is invited pursuant to N.J.S.A. 40:48-2.46, and enforce
parking in such designated striped spaces, and thereby promote the
public health, safety and welfare.
[Ord. #97-902, S 2]
No person shall park a vehicle outside of any designated striped parking space established pursuant to subsection 3-14.3 of this chapter.
Vehicles may be stopped outside of such designated striped spaces,
however, under the following circumstances:
a.
A vehicle may be stopped in a non-designated space to discharge or
pick up passengers provided that the engine remains running and the
driver remains with the vehicle at all times.
b.
A commercial vehicle may unload or pick up goods in a non-designated
space provided that the driver remains with the vehicle or is engaged
in activities in furtherance of unloading or picking up goods at all
times.
[Ord. #97-902, S 2]
There are hereby established designated striped parking spaces
in parking yards and parking places, which are open to the public
or to which the public is invited, on the properties referred to below:
a.
Lot 8.01, Block 29001, known as the "Montgomery Shopping Center"
- Map entitled "Amended Preliminary and Final Site Plan Prepared for
Block 29001, Lots 8.01 and 8.02," prepared by Robert B. Heibell, L.S.,
dated 10/8/92.
b.
Lot 9, Block 35001, known as the "Grand Union" - Map entitled "Preliminary
and Final Site Plan Prepared for Grand Union," prepared by Robert
B. Heibell, L.S., dated 10/16/92.
c.
Lots 68 and 69, Block 28001, known as the "Village Shopper I and
Village Shopper II" - Map entitled "Site Plan Prepared for Lot 68
[and 69], Block 28001," prepared by Neil I. Van Cleef, L.S., dated
11/18/77.
d.
Lot 65, Block 28001, known as the "Village Shopper III" - Map entitled
"Village Shopper III - Phase II Site Plan Prepared for Block 28001,
Lot 65", prepared by Robert B. Heibell, L.S., dated 2/6/96.
e.
Lot 8-A, Block 29001, known as the "WaWa" - Map entitled "Site Plan
Prepared for Block 29001, Lot 8-A", prepared by Robert B. Heibell,
L.S., dated 1/18/85.
The above maps are incorporated herein and made a part hereof,
and are on file in the office of the Township Clerk.
[Ord. #97-902, S 2]
[Ord. #97-902, S 2]
The owners of the premises referred to in subsection 3-14.3 above shall provide striping and pavement markings for each parking space on its premises. The owner shall maintain such striping and pavement markings in good condition, at no cost or expense to the Township. The owner shall repair or restore the same within a reasonable time after receipt of a written notice from the Township to do so, which notice shall be sent certified mail to the address of the owner as shown on the tax records of the Township.
[Ord. #97-902, S 3; Ord. #97-919, S 1]
The Township Committee hereby finds that skateboards and other
human-powered locomotion devices are being used in an improper and
hazardous manner on sidewalks, parking yards and parking places which
are open to the public in Montgomery and proposes a substantial threat
to the health, safety and welfare of the citizens of the Township.
It is, therefore, the purpose of the Township Committee, by this section
to prohibit the operation of human-powered locomotion devices within
such areas of the municipality which are open to the public and to
which the public is invited pursuant to N.J.S.A. 40:48-2.46, and thereby
promote the safety of drivers and pedestrians using such areas.
[Ord. #97-902, S 3]
As used in this section, human-powered locomotion devices shall
include, but not be limited to, in-line skates, roller-skates, skateboards,
scooters, etc., but shall not include bicycles or other properly equipped
pedicycles.
[Ord. #97-902, S 3; Ord. #97-919, S 2]
No person shall operate, or cause to be operated, any human-powered
locomotion device upon the following sidewalks, parking yards and
parking places which are open to the public or to which the public
is invited in the Township of Montgomery:
a.
Lot 8.01, Block 29001, known as the "Montgomery Shopping Center"
— Map entitled "Amended Preliminary and Final Site Plan Prepared
for Block 29001, Lots 8.01 & 8.02," prepared by Robert B. Heibell,
L.S., dated 10/8/92.
b.
Lot 9, Block 35001, known as the "Grand Union" - Map entitled "Preliminary
and Final Site Plan Prepared for Grand Union," prepared by Robert
B. Heibell, L.S., dated 10/16/92.
c.
Lots 68 and 69, Block 28001, known as the "Village Shopper I &
Village Shopper II" — Map entitled "Site Plan Prepared for Lot
68 [and 69], Block 28001," prepared by Neil I. Van Cleef, L.S., dated
11/18/77.
d.
Lot 65, Block 28001, known as the "Village Shopper III" — Map
entitled "Village Shopper III — Phase II Site Plan Prepared
for Block 28001, Lot 65," prepared by Robert B. Heibell, L.S., dated
2/6/96.
e.
Lot 8-A, Block 29001, known as the "WaWa" — Map entitled "Site
Plan Prepared for Block 29001, Lot 8-A," prepared by Robert B. Heibell,
L.S., dated 1/18/85.
The above maps are incorporated herein and made a part hereof,
and are on file in the office of the Township Clerk.
[Ord. #97-902, S 3]
Any person who shall violate any provision of this section shall be subject to a penalty in accordance with section 1-5 of this Code.
[Ord. #98-931, S 1]
A water emergency shall be declared:
a.
Whenever the Township Engineer in his or her professional judgment finds that emergency drought conditions exist within the Township, he or she shall recommend to the Township Committee that a water emergency be declared. Said recommendation shall contain findings which specify which water use restrictions, if any, contained in subsection 3-16.2 are appropriate. Factors which the Township Engineer may consider in making said recommendation include, but are not limited to, the following:
1.
Lack of precipitation for an extended time period;
2.
Abnormally low water levels in Township streams;
3.
Abnormally low water level in the Delaware and Raritan Canal;
4.
Declaration of a water emergency by the Governor;
5.
Declaration of a water emergency by a surrounding municipality or
municipalities;
6.
Abnormally low water levels in surrounding United States Geological
Survey monitored benchmark wells or other wells monitored by agencies
of the United States;
7.
Evidence of low or dirty water yields in private wells in the Township.
Evidence of low or dirty water yields in private wells may include,
but is not limited to, reporting data required by the New Jersey Department
of Environmental Protection, Bureau of Water Allocation, concerning
wells for which water diversion permits are issued, such as those
wells owned by 3M, Cherry Valley Country Club, Mattawang Country Club,
Elizabethtown Water Company, and Bedens Brook Country Club.
b.
Upon receiving such a recommendation, the Township Committee may
accept the Township Engineer's recommendation and findings, or any
portion thereof, and adopt a resolution declaring a water emergency
in the Township.
c.
Such resolution shall be adopted by the Township Committee at any regular, special, adjourned or emergency public meeting of the Township Committee. Such resolution shall specify which of the water use restrictions, if any, contained in subsection 3-16.2 are being imposed. Such resolution shall be effective immediately upon publication and shall continue in effect for 90 days, or such lesser time period as may be specified, unless extended or repealed as set forth in subsections 3-16.3 and 3-16.4 respectively.
[Ord. #98-931, S 1]
Upon adoption by the Township Committee of a resolution declaring that a water emergency exists in the Township in accordance with subsection 3-16.1 of this section:
a.
All citizens shall be urged to observe voluntary indoor conservation
measures; and
b.
The restrictions stated in paragraph c of this subsection may be
imposed on the following water uses:
1.
The watering of all plant growth, except commercially grown food
crops, sod at commercial sod farms and nursery stock at nurseries
or retail outlets;
2.
The washing of vehicles, except by businesses engaged exclusively
in car washing on site, including self-service car washes equipped
with total recycle of both wash and rinse water, or in those instances
where a threat to public health may exist;
3.
The washing of streets, driveways, sidewalks or paved areas;
4.
The serving of water in restaurants, clubs, or eating places unless
specifically requested by patrons;
5.
The use of fire hydrants by fire companies for testing fire apparatus
and for fire department drills except as the Township Fire Chief deems
necessary in the interest of public safety;
6.
The use of fire hydrants by municipal road departments, contractor,
and all others, except as necessary for fire fighting or protection
purposes;
7.
The use of water for all outdoor recreational purposes;
8.
The washing of the outside of dwellings, buildings, or other structures,
except for windows;
9.
The operation of any ornamental fountain or other structure making
a similar use of water;
c.
The following restrictions may be imposed on the water uses stated
in paragraph b of this subsection:
1.
Limiting outdoor water usage to early morning and late afternoon;
2.
Limiting outdoor water usage to alternate days by allowing outside
water usage by persons or businesses having even house or box numbers
on even days and those having odd house or box numbers on odd days;
3.
Any other restriction specified by the Township Committee which is
reasonable under the circumstances considering the nature and extent
of the water emergency.
d.
Any water use restriction imposed pursuant to this subsection may
be amended by the Township Committee to add, alter, or delete any
restriction in this subsection at any time during the water emergency.
Said amendment shall be by resolution of the Township Committee.
e.
Any water use restriction imposed pursuant to this subsection shall
apply equally to both residents on privately owned wells and residents
serviced by a public utility.
f.
Nothing in this subsection shall be read so as to prohibit, restrict
or limit water usage where a bona fide health emergency exists.
[Ord. #98-931, S 1]
Whenever the Township Engineer in his or her professional judgment
finds that the emergency drought conditions in the Township have abated
prior to the expiration of the time period specified in the resolution,
he or she shall recommend to the Township Committee that the water
emergency cease. Upon such a recommendation to cease, the Township
Committee may adopt a resolution declaring the water emergency ended
and the water use restrictions inapplicable. Otherwise, at the end
of the time period specified in the original resolution, the water
use restrictions shall lapse and be inapplicable and unenforceable.
[Ord. #98-931, S 1]
If at the expiration of the time period specified in the resolution,
the Township Engineer in his or her professional judgment finds that
the emergency drought conditions have not abated, he or she shall
recommend to the Township Committee that the water emergency remain
in effect. Said recommendation shall specify the duration of the extension.
Whenever the Township Committee has received such a recommendation,
it may accept the Township Engineer's recommendation and findings,
or any portion thereof, and adopt a resolution to extend the water
emergency. Said resolution shall specify the duration of the extension,
which shall not be for more than 90 days.
[Ord. #98-931, S 1]
Reasonable attempts shall be made to notify citizens and residents
of the Township of the existence of a water emergency, the restrictions
imposed, and the penalties for violations.
[Ord. #98-931, S 1]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, regardless of the source of the water, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided in subsection 3-16.7 of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and business who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. #98-931, S 1]
[Ord. #99-964, S 1]
The Township Committee hereby finds and declares that:
a.
Findings.
1.
The uncontrolled placement of newsracks in public rights-of-way and
semi-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.
2.
Newsracks so located as to cause an inconvenience or danger to persons
using public rights-of-way and semi-public rights-of-way, and unsightly
newsracks located therein, constitute public nuisances.
3.
These factors constitute an unreasonable interference with and obstruction
of the use of public rights-of-way and semi-public rights-of-way,
are injurious to health, offensive to the senses, and constitute such
an obstruction of the free use of property as to interfere in the
comfortable enjoyment of life and property by the entire community.
4.
The Township Committee 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 Township Committee further
finds that these strong and competing interests require a reasonable
accommodation which can only be satisfactorily achieved through the
means of this section which is designed to accommodate such interests
regulating the time, place and manner of using such newsracks.
b.
Purpose. The provisions and prohibitions hereinafter continued and
enacted are in pursuance of securing and promoting the general welfare
of persons in the
Township in their use of public rights-of-way and semi- public
rights-of-way through the regulation of placement, appearance, number,
size, and servicing of newsracks on such rights-of-way so as to:
1.
Provide for pedestrian and driving safety;
2.
Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress to, or egress from, any place
of business or from the street to the sidewalk;
3.
Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs and signals, hydrants, mailboxes, and
similar appurtenances, and access to locations used for public transportation
purposes;
4.
Reduce visual blight on the public rights-of-way and semi-public
rights-of-way, protect the aesthetics and value of surrounding properties,
and protect the quiet of residential areas; and
5.
Reduce exposure of the Township to personal injury or property damage
claims and litigation.
c.
Preservation of Constitutional Rights. It is not the intent of this
chapter to in any way discriminate against, regulate, or interfere
with the publication, circulation, distribution, or dissemination
of any printed material that is constitutionally protected.
[Ord. #99-964, S 1]
When used in this section, the following terms shall have the
meanings indicated:
a.
Block shall mean one side of a street between two consecutive intersecting
streets.
b.
Cartway shall mean the hard or paved surface portion of a street
customarily used for vehicles in the regular course of travel.
c.
Clear zone shall mean the sidewalk, parkstrip, semipublic area or right-of-way abutting (1) any street or portion of a street where the speed limit is 40 m.p.h. or above; or (2) any street or portion of a street specified in Schedule III of subsection 7-3.5 of this Code prohibiting stopping or standing.
d.
Distributor shall mean the person responsible for placing and maintaining
a newsrack in a public right- of-way and semi-public right-of-way.
e.
Newsrack 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.
f.
Parkstrip shall mean the public right-of-way or semipublic right-of-way
between the sidewalks and the curb of any street, and where there
is no sidewalk, the area between the edge of the street and the property
line adjacent thereto. Parkstrip shall also include any area within
a street that is not open to vehicular traffic.
g.
Person shall mean any person or persons, or entity including, but
not limited to, a corporation, partnership, unincorporated association
or joint venture.
h.
Semi-public area or right-of-way shall mean any area or right-of-way
which is open to public use or to which the public is invited pursuant
to N.J.S.A. 40:48-2.46.
i.
Sidewalk shall mean an improved path designed or ordinarily used
for pedestrian use within any public or semi-public area.
j.
Street shall mean any street, avenue, boulevard, road, roadway, parkway, cartway, viaduct, drive or other way: (1) which is an existing State, County or municipal roadway; or (2) which is shown on a plat heretofore approved, pursuant to law; or (3) which is approved as provided by Chapter 16 of this Code; or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street line; or (5) which is in area that is open to public use or to which the public is invited pursuant to N.J.S.A. 40:48-2.46.
[Ord. #99-964, S 1]
a.
No person shall install or maintain any newsrack which projects onto,
into, or which rests, wholly or in part, upon the cartway of any street.
b.
No person shall install or maintain any newsrack which in whole or
in part rests upon, in, or over any sidewalk or parkstrip:
1.
When such installation or maintenance endangers the safety of persons
or property;
2.
When such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
3.
When such newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business;
the use of poles, posts, traffic signs or signals, hydrants, mailboxes,
or other objects permitted at or near said location;
4.
When such newsrack interferes with the snow removal or de-icing of
any sidewalk;
5.
In any other manner inconsistent with or in violation of the provisions
of this section.
[Ord. #99-964, S 1]
a.
Any distributor having a newsrack which is already located or installed
on any sidewalk, public right-of- way, or semi-public right-of-way
within the Township on the effective date of this section shall, within
30 days of the effective date of this section, notify the Zoning Officer,
in writing, of the location and placement of each such newsrack. Such
notice shall include:
1.
The precise location of each such newsrack;
2.
The name, address and telephone number of the distributor; and
3.
A certification by the distributor stating that the distributor has
read this section and that the location, installation and maintenance
of the distributor's newsrack conforms to and will continue to conform
to the provisions of this section.
4.
A certification by the distributor stating that the distributor agrees
to indemnify and hold harmless the Township, its servants, agents,
and employees for any and all claims arising out of said distributor's
installation, use, or maintenance of such newsrack.
5.
An administrative fee of $5 per each newsrack installed or maintained.
b.
From and after the effective date of this section, any distributor
who shall locate or install a newsrack which rests in whole or in
part on any sidewalk, public right- of-way, or semi-public right-of-way
within the Township shall, within 20 days of the date of such installation,
provide to the Zoning Officer the written notice as set forth in this
section.
[Ord. #99-964, S 1]
Every person who places or maintains a newsrack on the streets
of the Township shall have said person's name, address, and telephone
number affixed to the newsrack in a place where such information may
be easily seen.
[Ord. #99-964, S 1]
Any newsrack which in whole or in part rests upon, in or over
any sidewalk or parkstrip, shall comply with the following standards:
a.
No newsrack shall exceed 60 inches in height, 24 inches in width,
or 20 inches in depth.
b.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
c.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
the person is unable to receive the paid for publication. The coin-
return mechanism shall be maintained in good working order.
d.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack, 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 in this section.
e.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of dirt and grease;
2.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
3.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
4.
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
5.
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading; and
6.
The structural parts thereof are not broken or unduly misshapen.
[Ord. #99-964, S 1]
Any newsrack which rests in whole or in part upon, or on any
portion of a public right-of-way, or semi-public right-of-way, or
which projects onto, into, or over any part of any such right-of-way
shall be located in accordance with the following provisions of this
section:
a.
No newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, or semi-public right-of-way,
except to other newsracks.
b.
Newsracks may be placed next to each other, provided that no group
of newsracks shall extend for a distance of more than eight feet along
a curb, and a space of not less than three feet shall separate each
group of newsracks.
c.
No newsrack shall be placed, installed, used or maintained:
1.
Within five feet of any marked crosswalk.
2.
Within 12 feet of the curb return of any unmarked crosswalk.
3.
Within five feet of any fire hydrant, fire call box, police call
box or other emergency facility.
4.
Within five feet of any driveway.
5.
Within three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
6.
Within five feet of the outer end of any bus bench or shelter.
7.
Within three feet of or on any public or semi-public area improved
with lawn, flowers, shrubs, trees or other landscaping, or within
three feet of any display window of any building abutting the sidewalk
or parkstrip or in such a manner as to impede or interfere with the
reasonable use of such window for display purposes.
8.
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than four feet.
9.
On any access ramp for disabled persons.
10.
Within any sight triangle easement as defined in subsection 16-5.3 of this Code, regardless of whether the sight triangle easement was actually granted or recorded.
11.
Within any clear zone, subject to the following exception: Newsracks
shall be permitted within the clear zone provided that there are sidewalks
or walkways for pedestrian traffic. Additionally, newsracks shall
be permitted within the clear zone where large groups of pedestrians
gather such as at a bus stop or a park and ride facility. Newsracks
that fall within the exception and are permitted in the clear zone
shall be located so that the newsrack door is faced away from the
cartway.
d.
Newsracks shall be securely placed so as to reasonably prevent personal
injury or property damage due to tilting, tipping or overturning.
(Reserved)
[Ord. #99-964, S 1]
Any newsrack maintained in the Township which creates a hazard
to pedestrians or obstructs traffic or interferes with the response
to an emergency situation by a public officer, fire fighter, ambulance
or medic may be summarily relocated by a public officer of the Township
to the nearest location not presenting said hazard. Any such relocation
shall be reported as soon as reasonably possible to the Township Clerk
who shall thereafter notify the distributor of the newsrack as soon
as possible of the new location. The distributor may thereafter relocate
the newsrack to any location not presenting a hazard and otherwise
comply with the terms of this section.
[Ord. #99-964, S 1]
In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in subsection 3-17.11 for newsracks in violation of this section.
[Ord. #99-964, S 1]
a.
If the Zoning Officer determines that a newsrack does not comply with the provisions of this section, including the requirement to provide the notification required by subsection 3-17.4, then the Zoning Officer shall mail a written notice to the distributor of such newsrack, by certified mail, return receipt requested, stating the specific reasons why such newsrack does not comply with the provisions of this section.
b.
If a distributor fails to adjust, correct, register or otherwise
cause such newsrack to be brought into compliance with the provisions
of this section within 10 days of the date the written notice of noncompliance
is mailed by the Zoning Officer, then such distributor shall be deemed
to be in violation of this section.
[Ord. #99-964, S 1]
b.
Each violation of each subsection of this section shall be considered
a separate offense and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
c.
If a distributor is convicted of a violation of section 3-17 by the Municipal Court, and if such distributor thereafter refuses to remedy or correct said violation within 20 days of the date of said conviction or, in the event of a direct appeal, within 20 days of the date upon which said conviction shall become final, then the Construction Official/Zoning Officer shall be empowered to order the removal of the newsrack which was the basis for such conviction and, at the expense of the distributor, return such newsrack to the distributor identified on the newsrack.
[Ord. #10-1374; Ord. #13-1451]
As determined by the New Jersey Legislature, smoking is one
of the leading causes of preventable disease and death in the United
States. In addition to the deleterious effects upon smokers, tobacco
smoke is a substantial health hazard to the public, and an annoyance
and a nuisance to the nonsmoking public. Tobacco smoke also creates
a substantial health hazard to residents of the Township of Montgomery
who may be participating in activities or events in or around buildings
owned or leased by the Township.
While it is not the public policy to deny anyone the right to
smoke, a balance must be struck between the right of smokers to smoke
and the right of nonsmokers to breathe clean air. The Township Committee
finds that in public buildings and on the surrounding premises, the
right of nonsmokers to breathe clean air outweighs the right of smokers
to smoke and, therefore, the Township Committee desires to prohibit
smoking in Township buildings and on their grounds. This prohibition
is consistent with N.J.S.A. 40:48-1, 40:48-2 and 2C:33-13, which provide
that smoking may be prohibited by municipal ordinance in any public
place, including, but not limited to, places of public accommodation,
and the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.,
which permits municipal ordinances to impose greater prohibitions
against smoking than those provided under the Act.
Since the implementation of this section in 2010, the Township
has experienced many public benefits from the restrictions set forth
herein. For example, in addition to lessening the public's exposure
to secondhand smoke, litter in and around Township buildings has decreased.
Fire safety on Township property has also increased through the smoking
ban. In addition, the Township has received a reduction on its health
insurance rates by prohibiting smoking in Township buildings and on
their grounds. The Township Committee, therefore, finds that the requirements
set forth in this section are in the public interest.
[Ord. #10-1374]
The purpose of this section is to protect the health and welfare
of the public by ensuring its right to breathe clean air in public
buildings and grounds owned or leased by the Township.
[Ord. #10-1374]
Shall mean the interior of any building, and its exterior
grounds, owned or leased by the Township of Montgomery, including
the Montgomery Township Municipal Building Complex, the Montgomery
Township Kid Connection Building, the Otto Kaufman Community Center,
the Montgomery Township Public Works Garage and Container Facility,
and all Township wastewater treatment plants. The term public building
shall not include Township parks, athletic parks and playgrounds.
Shall mean the burning of a lighted cigar, cigarette, pipe
or any other matter or substance that contains tobacco or a similar
substance.
[Ord. #10-1374]
Smoking is prohibited in all public buildings as defined in subsection 3-18.3 above.
[Ord. #10-1374; Ord. #13-1451]
"No Smoking" signs, "Smoke-free" signs, or signs bearing the
international "No Smoking" symbol shall be clearly, sufficiently and
conspicuously posted in all places affected by this section. Such
signs shall also indicate that violators are subject to the penalty
provisions set forth in subsection 13-8.8.
[Ord. #10-1374]
Notice of this section shall be provided to all Township employees
and to any employee organization's duly elected representative.
[Ord. #10-1374]
This section shall be enforced by the Montgomery Township Police
Department.
[Ord. #10-1374; Ord. #13-1451]
Pursuant to N.J.S.A. 2C:33-13, any person who violates any provision
of this section shall be guilty of a petty disorderly persons offense
and shall be subject to a fine not exceeding $200.
[Added 3-15-2018 by Ord.
No. 18-1571]
The Township Committee makes the following findings:
a.
Montgomery Emergency Medical Services ("MEMS") is an all-volunteer
member organization that provides basic emergency life support ambulance
services to the Township of Montgomery ("Township"). MEMS operates
24 hours per day, 365 days per year at no charge to the patient (except
in situations that require advanced life support, in which case other
ambulance agencies may charge).
b.
MEMS is comprised of approximately 100 trained volunteer members
and maintains its own ambulances and quick-response vehicles at its
headquarters located in the Township.
c.
As of 2016, MEMS receives approximately 1,500 annual calls for dispatch.
Over time, there has been a marked increase in calls from care facilities
located in the Township, such that, as of 2016, calls from care facilities
in the Township comprise over 20% of all calls for dispatch. More
than 60% of the calls from these care facilities have been for nonemergency
situations.
d.
The increase in volume of nonemergency calls from care facilities
has the potential to compromise MEMS's ability to respond to emergency
calls and strain volunteer resources.
e.
To help ensure the availability and immediate response of ambulance services for emergency situations, and in light of the Township's findings that a significant percentage of calls from care facilities are for nonemergency situations, the Township finds that it is in the best interests of its residents' health, safety and welfare to prohibit such facilities from requesting ambulance services in the absence of an emergency situation as defined in Subsection 3-19.3.
f.
Private ambulance services, which provide for the prompt treatment
and transport of patients in need of emergency and nonemergency medical
care, are available to care facilities located within the Township
365 days per year and 24 hours per day.
The purpose and intent of this section is to increase the availability
of volunteer first-aid squads and ambulance services for true emergency
situations by reducing the calls for dispatch of volunteer first-aid
squads in nonemergency situations and thereby better protect the health
and safety of Township residents, their invitees, and people traveling
through the Township.
As used in this section, the following terms shall have the
meanings indicated:
Includes the following facilities licensed by the New Jersey
Department of Health: adult day-care facilities, assisted living residences,
behavioral health management facilities, comprehensive outpatient
rehabilitation facilities, comprehensive personal care homes, comprehensive
rehabilitation hospitals, drug abuse treatment facilities, family
planning facilities, nursing homes, psychiatric hospitals, residential
health care facilities, and urgent care centers. Independent living
residences associated with any of the aforementioned facilities and
that also receive services from any such facility shall be included
in this definition. This definition shall not include fitness and/or
wellness centers, dentists, orthodontists, physical therapists, orthopedics,
or medical doctors' offices operating outside and apart from any of
the above-referenced "care facilities."
Includes all situations requiring "advanced life support"
as defined by N.J.S.A. 26:2K-7a, which includes cardiac monitoring,
cardiac defibrillation, telemetered electrocardiography, the administration
of anti-arrhythmic agents, intravenous therapy, the administration
of specific medications, drugs and solutions, the use of adjunctive
ventilation devices, and other techniques and procedures as set forth
under the statute and applicable regulations promulgated by the New
Jersey Department of Health, subject to statutory and regulatory clarifications
and amendments. By way of example, such situations may include chest
pain, difficulty breathing, sudden loss or acute alteration of consciousness,
stroke, anaphylaxis, shock, hemorrhaging or other life-threatening
condition or injury.
Any and all situations not specifically set forth in the
definition of "emergency."
Any circumstance in which an agent or employee of a care
facility calls, or causes another person to call, and requests the
dispatch of an ambulance for treatment and/or transport of a patient
at that facility in nonemergency situations.
The Montgomery Emergency Medical Services ("MEMS"), and any
other volunteer rescue squad that may, from time to time, provide
"backup" services to MEMS.
A care facility, its agent or employee may call for dispatch in any emergency as defined in Subsection 3-19.3.
It shall constitute a violation of this section for any care
facility, or any agent or employee thereof, to make or cause to be
made any nonemergency call to request dispatch.
a.
Any person, firm, association, partnership, company, joint venture or corporation violating any of the provisions of this section shall be subject to the general penalty provisions set forth in § 1-5 of this Code.
b.
It shall not be a defense to any violation of the provisions of this
section that private ambulance services were not available promptly
when requested.
c.
The Township Police Department is authorized to enforce this section.
[Added 10-4-2018 by Ord.
No. 18-1593; amended 8-5-2021 by Ord. No. 21-1665]
[Amended 8-5-2021 by Ord. No. 21-1665]
The growing, cultivation, production, manufacturing, storage,
distribution and/or sale of regulated or unregulated cannabis, cannabis
products, and any ancillary or related paraphernalia, and facilities,
businesses or establishments are hereby prohibited within the Township
of Montgomery.
This section shall be enforced by the Montgomery Township Police
Department.
