Editor's Note: See also §
3-1A, Litter Control.
[Ord. No. 349 § 1; Ord. No. 430 § 1]
This section shall be known and may be cited as the "Maurice
River Township Anti-Littering Regulations."
[Ord. No. 349 § 2; Ord. No. 430 § 2]
As used in this section:
CODE ENFORCEMENT OFFICIAL
Shall mean the official who is charged with the administration
and enforcement of this section or any duly authorized representative
as established by the Township Committee. The Township Committee hereby
establishes the Housing Officer and the Zoning Officer of Maurice
River Township as Co-Code Enforcement Officials for this section.
The Housing Officer and/or the Zoning Officer may act either together
or separately as the Code Enforcing Official under this section.
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
JUNK MOTOR VEHICLE
Shall mean any vehicle which is without currently valid license
plates and is in either rusted, wrecked, discharged, dismantled, partially
dismantled, inoperative or in abandoned condition.
LITTER
Shall mean any used or unconsumed substance or waste materials
which have been discarded whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can, or
any top, cap, or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PRIVATE PREMISES
Shall mean any vacant lot or tract of land or spaces not
in the public domain but privately owned by one (1) or more persons
and any fountain, pool, lake, stream or body of water located within
any tract or parcel of land privately owned or 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, ground, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling house, building
or other structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds, buildings or conservation areas.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned or junk automobiles and solid market and industrial
wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery
and similar materials.
[Ord. No. 349 § 3]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles or in authorized private receptacles for collection.
[Ord. No. 349 § 4]
Litter receptacles and their servicing are required at the following
public places which exist in the Township, including: sidewalks used
by pedestrians in active retail commercially zoned areas, such that
at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks,
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[Ord. No. 349 § 5; Ord. No. 430 § 3]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, on any municipal or
public property or any private property not licensed for receipt,
storage or disposal of solid waste, any household or commercial solid
waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires,
appliances, furniture or other trash or place same in any other place
not specifically designated for the purpose of solid waste, storage
or disposal.
[Ord. No. 349 § 6]
No person shall throw or deposit litter on any open, occupied
or vacant private property within the Township, whether owned by such
person or not. The owner or person in control of any private property
shall at all times maintain the premises free of litter and maintain
authorized 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 other
private property.
[Ord. No. 349 § 7]
No person shall sweep into or deposit in any gutter, street
or other public place within this municipality 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 sidewalks
in front of their premises free of litter.
[Ord. No. 349 § 8]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
this municipality 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 this Township shall keep the
sidewalk in front of their business premises free of litter.
[Ord. No. 349 § 9]
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. No. 349 § 10; Ord. No. 430 § 4]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential or
on property not licensed for storage of solid waste, except in a fully
enclosed structure or during days designated for the collection of
bulky waste items. No bulky waste items nor trash containers nor trash
bags or recyclable item container shall be placed at curbside or roadside
for pick-up more than twelve (12) hours prior to the designated trash
and recyclable pick-up day.
[Ord. No. 349 § 11]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. No. 349 § 12]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[Ord. No. 349 § 13; Ord. No. 430 § 5]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots, or residential properties except in a fully
enclosed structure, any motor vehicle, trailer or semitrailer which
is (a) missing tires, wheels, engine, or any essential parts; or (b)
which displays extensive body damage or deterioration; or (c) which
is wrecked, disassembled or partially disassembled or in any way meets
the definition of junk motor vehicle as set forth in this section;
nor can more than one (1) unregistered and/or uninspected motor vehicle
be parked on any property in a residential district, which unregistered
and/or uninspected motor vehicle shall not at anytime be in a state
of major disassembly, disrepair or shall it be in the process of being
stripped or dismantled.
[Ord. No. 349 § 14]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any highway unless such a vehicle is constructed or
loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle, or otherwise endanger travelers
or public property, shall immediately cause the public property to
be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. No. 349 § 15]
It shall be unlawful for any owner, agent, or contractor in
charge of a construction or demolition site to permit the accumulation
of litter before, during, or after completion of any construction
or demolition project. It shall be the duty of the owner, agent, or
contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or nonflyable debris or trash at areas
convenient to construction areas, and to maintain and empty the receptacles
in such a manner and with such a frequency as to prevent spillage
of refuse.
[Ord. No. 349 § 16]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. No. 349 § 17]
The owner, agent, lessee, tenant, occupant or other person who
manages or controls a building or lot shall be jointly or severally
responsible for keeping the sidewalk, flagging, curbstone and the
air shafts, all areaways, backyards, courts, parking lots and alleys
free from litter.
[Ord. No. 430 § 6]
During the time that recycling containers are provided by the
Cumberland County Improvement Authority, which recycling containers
are purchased by the Cumberland County Improvement Authority at reduced
rates through grant funding, the Township will provide one (1) red
recycling container at no charge to each Township residence. This
container will be replaced if stolen or destroyed, if available. If
any residence wishes to obtain a second recycling container, the container
must be purchased from the Township at the price of seven ($7.00)
dollars per container. Each residence shall be limited to purchase
of one (1) additional recycling container.
[Ord. No. 349 § 18; Ord. No. 430 § 7]
Any person, firm, corporation, or other entity convicted of a violation of this section, or any section thereof, shall be punished for each such offense by a fine of not less than two hundred ($200.00) dollars nor more than the penalty stated in Chapter
1, Section
1-5. In addition, any person, firm, corporation, or other entity, convicted of a violation of this section shall pay all expenses incurred for the removal of the litter and cleanup of the site involved. Each day a violation continues shall be considered as a separate violation and may be so charged by the Code Enforcement Official.
[Ord. No. 349 § 19]
Any person supplying information to this municipality which
leads to the conviction of any person for the violation of this section
or any section thereof, shall be entitled to an award in the amount
of fifty ($50.00) dollars to be paid by the Treasurer upon receipt
of voucher accompanied by sufficient documentation to substantiate
the applicant's entitlement to the reward.
[Added 12-21-2023 by Ord. No. 732]
Editor's Note: See also §
3-1, Anti-Littering Regulations.
[Added 12-21-2023 by Ord.
No. 732]
Regulations to establish requirements to control littering in
the Township of Maurice River so as to protect public health, safety,
and welfare, and to prescribe penalties for the failure to comply.
[Added 12-21-2023 by Ord.
No. 732]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
there, including, but not limited to, any bottle, jar or can, or any
top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
[Added 12-21-2023 by Ord.
No. 732]
a. It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptable, or having done so, to allow such litter
to remain.
b. Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Added 12-21-2023 by Ord.
No. 732]
This section shall be enforced by the New Jersey State Police
and the Code Enforcement Officer of Maurice River Township.
[Added 12-21-2023 by Ord.
No. 732]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed two hundred
fifty ($250.00) dollars.
[Ord. No. 351 § 1]
This section shall be known as the "Maurice River Township Drug-Free
Zone Regulation."
[Ord. No. 351 § 2]
This section is adopted pursuant to the Comprehensive Drug Reform
Act of 1987. (N.J.S.A. 2C:35-1 et seq.).
[Ord. No. 351 § 3]
The attached maps, which are incorporated herein and which are
to be known as the "Public School Property Drug Free Zone Maps", copies
of which are on file at the office of the Township Clerk, specifically
designate and locate the two (2) schools in Maurice River Township
and designate the location and boundaries of the areas within one
thousand (1,000) feet of any school property used for school purposes.
[Ord. No. 351 § 4]
The maps shall be maintained as an official record of the Township
of Maurice River to be introduced in the courts in prosecutions involving
drug violations.
[Ord. No. 362 § 1]
This section shall be known as the "Maurice River Township Minibike
and All Terrain Vehicle Regulations."
[Ord. No. 362 § 2]
As used in this section:
HIGHWAY
Shall mean the entire width between the boundary lines of
every way, publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
MOTOR-DRIVEN VEHICLE
Shall mean and include, but is not expressly limited to,
minibikes, motor scooters, go-carts, swamp buggies, snowmobiles, all
terrain vehicles, off-road motorcycles and any other motor-driven
vehicle not capable of being registered under N.J.S.A. 39:1-1 et seq.
as amended, the motor vehicles and traffic regulations of the State
of New Jersey, as amended, except such vehicles as are expressly exempt
from registration under N.J.S.A. 39:1-1, et seq.
OPERATOR
Shall mean a person who is in actual physical control of
a vehicle.
PERSON
Shall mean and include any natural persons, firms, corporations,
associations and partnerships.
PRIVATE ROAD OR DRIVEWAY
Shall mean every road or driveway not open to the use of
the public for purposes of vehicular travel.
SIDEWALK
Shall mean that portion of a highway intended for the use
of pedestrians, between the curbline or the lateral line of a shoulder
or if none, the lateral line of the roadway and the adjacent right-of-way
line.
[Ord. No. 362 § 3]
No person shall operate, or permit and suffer to be operated,
a motor-driven vehicle, as defined herein, within the Township under
the following circumstances.
a. On private property of another without the express prior written
consent of the owner and the occupant of the property. Where such
express written consent has been obtained, the operator shall keep
the written consent on his or her person, available for immediate
display, during the period of such operation.
b. On any public grounds or private property, inclusive of sidewalks,
parking lots, highways, public rights-of-way, public parks and/or
playgrounds.
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.
To this end, no person shall operate such a motor-driven vehicle before
the hour of 8:00 a.m. and after the hour of 9:00 p.m. prevailing time.
d. In a careless, reckless or negligent manner so as to endanger or
to be likely to endanger the safety and/or property of any person.
[Ord. No. 362 § 4]
It shall be rebuttably presumed that any person under the age
of eighteen (18) years who operates a motor-driven vehicle in violation
of the terms of this section and who resides with his parents, guardian
or other persons having custody of such person, is operating the motor-driven
vehicle with the sufferance and permission of such parent, guardian
or other person and each of these persons shall be subject to prosecution
to the same extent as the minor who actually operates the motor-driven
vehicle in violation of the provisions of this section.
[Ord. No. 362 § 5]
Any person under the age of eighteen (18) years who shall violate
any of the provisions of this section shall be deemed to be a juvenile
delinquent and shall be prosecuted as a minor under the laws of the
State of New Jersey and the provisions of this section.
[Ord. No. 362 § 6]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to a fine not less than one hundred ($100.00) dollars and not more than the penalty stated in Chapter
1, Section
1-5 for each violation of this section.
[Ord. No. 295 § 1]
It shall be unlawful for any person to trespass or go illegally
upon any public property in the Township.
[Ord. No. 295 § 2]
It shall be unlawful for any person to operate motorcycles,
mopeds or other powered bicycles, vehicles or devices upon any public
property in the Township.
[Ord. No. 295 § 3; Ord. No. 663-2017]
It shall be unlawful for any person to partake or be in possession
of any alcoholic beverages or controlled dangerous substances on any
public property owned by the Township of Maurice River.
Notwithstanding the above, any non-profit organization may request
in writing to the Maurice River Township Committee for approval to
consume and possess beer and/or wine only in conjunction with an application
for a Social Affair Permit to the State of New Jersey, Division of
Alcoholic Beverage Control. The written request of said non-profit
organization shall include written proof of the non-profit organization's
non-profit status. Any such request shall be limited to the volunteer
fire company properties within the Township.
[Ord. No. 295 § 4]
It shall be unlawful for any person to disfigure, break or cause
damage to or destroy public property of the Township.
[Ord. No. 295 § 5]
It shall be unlawful for any person to direct or permit to allow
another to violate the provisions of this section.
[Ord. No. 295 § 6]
This section shall not apply in specific instances, where the
public is invited for meeting purposes or municipal or school functions
nor shall it apply to persons lawfully on public property in accordance
with posted or published rules and regulations permitting attendance
nor to any person lawfully on public property.
[Ord. No. 295 § 7]
As used in this section:
PUBLIC PROPERTY
Shall mean and include, but is not limited to, all public
schools and school grounds, all firehalls and adjacent grounds, all
public buildings and adjacent grounds, all churches and church facilities
and adjacent grounds and all lands owned by the Township of Maurice
River.
[Ord. No. 295 § 8;
New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the provisions of Chapter
1, Section
1-5.
[Ord. No. 444 Preamble]
The Surgeon General of the United States has called for a ban
on the sale of cigarettes by vending machines and the State of New
Jersey has banned the sale or the furnishing of cigarettes or tobacco
in any form to minors under N.J.S.A. 2A:170-51.
The Township is unable to prevent minors from purchasing cigarettes
from vending machines and/or unsupervised self-service racks, and
there is no State statute penalty imposing a fine on minors for buying
cigarettes and/or tobacco products. The Township of Maurice River
is authorized to enact ordinances as it may deem necessary and proper
for the protection of persons and for the preservation of public health,
safety and welfare of the people of the Township provided such ordinances
are not contrary to the law of the State of New Jersey or to those
of the United States.
[Ord. No. 444 § 1; Ord. No. 071-2018]
As used in this section:
BOARD OF HEALTH
Shall mean the Cumberland County Board of Health and may
be referred to in this section as the "Board of Health", "department"
or "board".
HEALTH OFFICER
Shall mean the Cumberland County Health Officer, Cumberland
County Health Department and/or his or her authorized representatives.
PERSON
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
SELF-SERVICE DISPLAY/RACK
Shall mean an unsupervised and uncontrolled display of any
type of tobacco product from which a person can directly purchase
said product without help of any type from sales personnel.
TOBACCO
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling or other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form, and smokeless tobacco or any electronic smoking device that
can be used to deliver nicotine or other substances to the person
inhaling from the device.
[Ord. No. 671-2018]
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand,
booth, concession or place at which sales of tobacco are made to purchasers
for consumption or use. It shall also mean a person or entity that
owns, operates and uses a vending machine and/or a vending machine
location.
VENDING MACHINE
Shall mean any automated or self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or other tobacco products.
VENDING MACHINE LOCATION
Shall mean the room, enclosure, place or area where a tobacco
vending machine is installed and operated.
[Ord. No. 444 § 2; Ord. No. 671-2018]
It shall be unlawful to sell or furnish cigarettes or tobacco
in any form to a person under twenty-one (21) years of age.
[Ord. No. 444 § 3;
Ord. 671-2018]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco as defined herein to any individual without first
requesting and examining identification for the purchaser or positively
establishing the purchaser's age as twenty-one (21) years or greater.
[Ord. No. 444 § 4;
Ord. 671-2018]
The following six by eight (6 x 8) inch sign shall be posted
in a conspicuous place near each cash register in all retail establishments
which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF TWENTY-ONE
(21) IS PROHIBITED BY LAW. Legal proof of age must be shown. A person
who sells or offers to sell a tobacco product to a person under twenty-one
(21) years of age may be prosecuted in accordance with State law and
local ordinances.
[Ord. No. 444 § 5]
a. It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in Maurice River Township.
b. Self-service displays/racks are prohibited in all retail establishments
in Maurice River Township.
[Ord. No. 444 § 6]
All tobacco vending machines and self-service displays/racks
made unlawful by the terms of this section shall be removed within
thirty (30) days from the effective date of this section.
[Ord. No. 444 § 7]
a. Whenever the Health Officer, or his designees, reasonably believes
there exists a violation of this section, he may issue a summons and
complaint not later than ninety (90) days after discovery of the alleged
violation. The complaint shall be written and shall state with reasonable
particularity the nature of the violation, including reference to
the subsection and paragraph of this section alleged to have been
violated. The complaint shall be personally delivered or sent by certified
mail to the alleged violator.
b. The Health Officer, or his designee, or any other person charged
with enforcement of this section, after giving proper identification,
may inspect any matter, thing, premises, place, person, record vehicle,
incident, or event as necessary.
c. It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer, or his designee,
who may request the assistance of the New Jersey State Police, or
other police agency or officer when necessary to execute his official
duty in a manner prescribed by law.
d. Private citizens may also bring complaints against violators of this
section in the Municipal Court.
[Ord. No. 444 § 8B]
This section shall be liberally construed for the protection
of the health, safety, and welfare of the people of the Township.
[Ord. No. 444 § 9]
a. Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this section shall upon conviction
thereof, pay a penalty of not less than one hundred ($100.00) dollars
for the first offense and not more than five hundred ($500.00) dollars,
not less than two hundred fifty ($250.00) dollars for the second offense
nor more than five hundred ($500.00) dollars, and not less than five
hundred ($500.00) dollars for the third and subsequent offenses. A
complaint shall be made in the Maurice River Township Municipal Court
or before such other judicial offer having authority under the laws
of the State of New Jersey.
b. Each sale of tobacco to a minor shall constitute a separate violation.
c. The Board of Health may suspend the Retail Food Establishment License
of any person convicted of violation of this section, for a period
of not more than three (3) days, pursuant to the authority of the
Board of Health to license and regulate food establishments as provided
by N.J.S.A. 26:3-31(c).
[Ord. No. 671-2018]
Smoking of any tobacco, tobacco products or electronic smoking
device as defined herein, is prohibited and shall be unlawful on any
recreation field, ballfield, playing field, including dugout areas
owned or operated by Maurice River Township within Maurice River Township.
Former Section 3-6, Curfew, containing portions of Ordinance
No. 191, was repealed in its entirety by Ord. No. 2014-635.
[Ord. No. 405 § 1]
This section shall be known as the "Maurice River Township 911
Emergency System Regulations."
[Ord. No. 405 § 2]
As used in this section:
BUILDING
Shall mean a house, residence, dwelling, store, office, church
or other structure used for residential, commercial or public or private
purposes which has frontage on, or access to, a street in a municipality.
STREET
Shall mean any paved or unpaved road, highway, avenue, lane,
pedestrian mall, alleyway or cartway for passage of motor vehicles
and pedestrians and located within the borders of the municipality.
SYSTEM
Shall mean the 911 Telephone Locatable Mailing Address Emergency
System.
MUNICIPALITY
Shall mean Maurice River Township, Cumberland County, New
Jersey.
911 REFERENCE MAP
Shall mean the current Tax Map of Maurice River Township
specifically designated by the Township as the 911 Reference Map showing
all streets and roads in Maurice River Township, and their designated
names.
[Ord. No. 405 § 3]
The Township hereby establishes within Maurice River Township
a 911 Telephone Locatable Mailing Address Emergency System pursuant
to the Statutes of the State of New Jersey and the direction of the
County of Cumberland.
[Ord. No. 405 § 4]
a. The municipality shall designate and assign an identification number
to each house, commercial structure, business structure, municipal
building, school, religious and charitable building located in the
Township that now exists or which is hereinafter constructed and the
municipality shall reserve sufficient identification numbers for vacant
lands within the municipality for future development and present identification
of these lands.
b. On each building there shall be conspicuously displayed at or near
the front entrance the number so designated and assigned, such number
to be at least four (4) inches in height and so placed as to be visible
to persons passing by the building from the abutting roadway or if
the building/structure is set back from the roadway so as not to be
visible from the roadway, then a second set of numbers at least four
(4) inches in height shall be placed on the mail box or other appropriate
place at or near the entrance of the driveway of the building/structure
so as to be easily visible to persons passing by on the roadway.
c. Responsibility for the proper placement and display of the assigned
numbers shall be with the owner of the building/structure.
d. Every owner of every building/structure within sixty (60) days of
the adoption of this section and of receipt of the designated numbers
from the Township shall comply with the provisions of this section
and shall place assigned number upon each building/structure so designated.
[Ord. No. 405 § 5; Ord. No. 422 § 1]
[Ord. No. 405 § 6]
Any violation of the provisions of this section shall be punishable
by a fine of not less than fifty ($50.00) dollars nor more than five
hundred ($500.00) dollars for each violation thereof upon conviction
by a Court of competent jurisdiction. This section shall be enforced
by the Zoning Officer and the Housing Officer of the Township, and
Notice of Violation shall be sent by either Officer to the building
owner at least ten (10) days prior to filing any Court complaint to
allow time for the owner to come into compliance with the terms of
this section.
[Ord. No. 422 § 2]
The naming in this section or the inclusion on the 911 Emergency
System Map of any private right-of-way or previously undedicated and
unaccepted road or street and the placement of street name signs upon
same does not constitute the acceptance of any or all of these private
rights-of-way as Township roads or streets.
[Ord. No. 114 § 1]
It shall be unlawful for any person or persons to assemble in
the streets, public places or public halls of the Township, or be
upon the streets, sidewalks, steps or platforms of any store, business
house, park, church or railroad station, bus, or other public conveyance,
or within or around any building, dwelling house, office, place of
business, factory, or private or public place within the Township,
behaving in a disorderly manner, by noisy, rude or indecent behavior,
by using profane, vulgar or indecent language, by making insulting
remarks to or comments on others, by begging for alms, by fighting,
by unnecessary congregating in groups upon any street, sidewalk, railroad
station or other public place to the obstruction thereof, or to the
annoyance of other persons, lawfully there being, or by unnecessarily
doing or performing any other disorderly thing whatsoever, that shall
disturb the peace or quiet of any family, neighborhood, or any of
the inhabitants of the Township.
[Ord. No. 114 §§ 2,
3]
a. It shall be unlawful for any person to disturb any assembly convened
for religious worship, or for any other purpose, or any day or night
school, or by rude, noisy, indecent or offensive behavior, within
or without such place of worship, place of assembly, or school house.
b. It shall be unlawful for any person to disturb any assembly convened
for religious worship or for any other purpose by unnecessarily standing
in or crowding upon the walks or passageways to and from such building
or place aforesaid, in such manner as to annoy or hinder any person
attending, going to or leaving such church or other place of assembly.
[Ord. No. 114 § 5]
It shall be unlawful for any person, whether owner, tenant,
occupant or guest to suffer, or to take part in any riotous or other
disorderly conduct in any residence, place of business or other premises
that shall disturb the peace and quiet of any family or neighborhood,
or any of the inhabitants of this Township.
[Ord. No. 114 § 6]
It shall be the duty of every person holding Police authority
to demand, order, and direct all persons who are unlawfully assembled
together, or who shall be found loafing or lounging in or upon any
street, bridge, highway, alley, railway station, or other public place
of the Township, or in the recess of any store front, shop or other
building, to disperse and depart, and not to reassemble, loaf or lounge
at any of the aforesaid places, and any person who shall refuse or
neglect to obey such command, order or direction shall be guilty of
a violation of this section.
[Ord. No. 114 § 7]
It shall be unlawful for any person to write or cause to be
written any lewd, indecent or obscene word or words, mark or marks
whatsoever, or to draw or cause to be drawn any lewd, indecent or
obscene figure, upon any house, building, wall, fence, or other place
in the Township.
[Ord. No. 114 § 8]
It shall be unlawful for any person to violate decency by the
improper exposure of the person, or by the commission of nuisances
on any of the streets, footways, or public places of this Township.
[Ord. No. 114 § 9]
It shall be unlawful for any person to willfully break, damage
or destroy any street lamp, shop window, bus or railway car window,
or window of any dwelling, factory or place of business, or to willfully
deface, destroy, injure or mutilate any property whatsoever, whether
real or personal belonging to another, and whether belonging to the
Township, or to any corporation or individual, being or abutting on
any public street, park, or public place.
[Ord. No. 114 § 10;
New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 503 § 1]
This section shall be known as the Maurice River Township False
Alarm Ordinance.
[Ord. No. 503 § 2]
The purpose of this section is to regulate audible alarms and
automatic protection devices and to provide penalties for the issuance
of false alarms by said devices installed and operated within the
Township of Maurice River to prevent unnecessary and costly response
by the New Jersey State Police or fire and/or ambulance personnel.
[Ord. No. 503 § 3]
As used in this section, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended.
AUDIBLE ALARM
Shall mean any device, bell, horn or siren, which is attached
to the interior or exterior of a building and emits a warning signal
audible outside the building, and is designed to attract attention
when activated by a criminal act or other emergency requiring police
or emergency personnel to respond.
AUTOMATIC PROTECTION DEVICE
Shall mean an electrically operated instrument composed of
sensory apparatus and related hardware which automatically transmits
an alarm or prerecorded voice message upon receipt of a stimulus from
a sensory apparatus that has detected a physical force or condition
inherently characteristic of an intrusion.
FALSE ALARM
Shall mean any signal activated by an automatic protection
device, an audible alarm or any other kind of direct or indirect signal
given emergency or police personnel which is not the result of a burglary,
robbery, fire or similar emergency. An alarm that has been activated
by an external source that is beyond the reasonable control of the
subscriber shall not be considered false.
PERSON
Shall mean a natural person, association, corporation, firm,
partnership, trust or other legal entity.
[Ord. No. 503 § 4]
a. Owners or lessees must equip audible alarms with a timing mechanism
that will disengage the audible alarm after a maximum period of fifteen
(15) minutes.
b. The sensory mechanism used in connection with an automatic protection
device must be adjusted to suppress false indications of intrusion
so that the device will not be activated by impulse due to fleeting
pressure changes in water pipes, short flashes of light, the rattling
or vibrating of doors or windows, vibrations to the premises caused
by the passing of vehicles or any other force not related to genuine
alarms;
c. All components comprising an audible alarm or an automatic protection
device must be maintained by the owner or lessee in good repair to
assure maximum reliability of operation.
d. Failure of a person to repair or replace an audible alarm or an automatic
protection device within thirty (30) days of written notice to do
so by the Code Enforcement Officer or other individual so designated
by the Township Committee shall be deemed in violation of the provisions
of this section.
[Ord. No. 503 § 5]
Any person who owns or controls an audible alarm or an automatic
protection device in the Township of Maurice River which causes more
than three (3) false alarms in any given calendar year shall be deemed
in violation of the provisions of this section for the fourth false
alarm or any subsequent false alarms in such calendar year.
[Ord. No. 503 § 6]
Any person who violates this provision of this section shall
be subject to the following penalties:
a. First offense under subsections
3-9.4 or
3-9.5 (four (4) false alarms in the same calendar year): fifty ($50.00) dollars administrative penalty to be assessed by the Code Enforcement Officer or other individual so designated by the Township Committee. Failure to pay within thirty (30) days of assessment shall be a violation of this section subject to a one hundred ($100.00) dollar fine;
b. Second and subsequent offenses under subsections
3-9.4 or
3-9.5 (five (5) or more false alarms in the same calendar year): administrative penalty of one hundred ($100.00) dollars to be assessed by the Code Enforcement Officer or other individual so designated by the Township Committee. Failure to pay within thirty (30) days of assessment shall be a violation of this section subject to a two hundred ($200.00) dollar fine;
c. Third and subsequent offenses under subsections
3-9.4 or
3-9.5 (six (6) or more false alarms in the same calendar year): administrative penalty of one hundred fifty ($150.00) dollars per subsequent offense to be assessed by the Code Enforcement Officer or other individual so designated by the Township Committee. Court appearance in the Maurice River Township Municipal Court shall be required, with the amount of fine to be determined by the Judge of said Court, said fine shall not be less than three hundred ($300.00) dollars and not more than five hundred ($500.00) dollars per each subsequent offense;
d. Any person assessed an administrative penalty may request a hearing
before the Code Enforcement Officer or other individual so designated
by the Township Committee.
[Ord. No. 503 § 7]
The provisions of this section shall not apply to alarm devices
on property owned by the State of New Jersey, the County of Cumberland,
the Township of Maurice River, the Maurice River Township Board of
Education or any agency or department thereof.
[Ord. No. 508]
The law enforcement or emergency services/fire entity responding
to any false alarms as defined herein shall furnish a report to the
Township detailing same.
[Ord. 559 § 1]
a. Purpose. It is the purpose of this section to establish regulations
relating to the use of said bicycle path and other paths hereafter
established within Maurice River Township.
b. Benefits. Benefits of providing a bicycle path include creating an
inviting place to travel free from conflict with automobiles and creating
a meaningful recreational and aesthetic experience.
c. Applicability. This section shall be applicable to all bicycle paths
within the Township of Maurice River duly designated herein.
[Ord. No. 559 § 2]
Unless specifically defined below, words or phrases used in
this section shall be interpreted so as to give them the meaning they
have in common usage and to give this section its most reasonable
application.
BICYCLE
Shall mean a two-wheeled device upon which a person is or
may be transported and that is propelled solely by human power.
BICYCLE PATH
Shall mean a pathway, constructed of permanent materials
pursuant to specifications and separated from streets and sidewalks,
designed to be used by bicyclists, tricyclists, in-line skaters or
pedestrians that is designated as a bicycle path by the provisions
of this section.
IN-LINE SKATES
Shall mean roller skates whose wheels are arranged in a straight
line.
MOTORCYCLE
Shall mean a two-wheeled motor vehicle, sometimes having
a sidecar with a third wheel.
MOTORIZED BICYCLE
Shall mean a pedal bicycle having a helper motor with a maximum
piston displacement of less than fifty (50) cubic centimeters, rated
not more than 1.5 brake horsepower and capable of a maximum speed
of no more than twenty-five (25) miles per hour.
MOTOR VEHICLE
Shall mean any motorized or self-propelled wheeled conveyance,
such as a car, truck, motorcycle, mini-bike, motor scooter, dirt bike,
two-, three- or four-wheeled off-road vehicle.
OPERATE
Shall mean the use, putting into action or causing to function
of a bicycle or tricycle by a person mounted thereon or having custody
thereof.
PEDESTRIAN
Shall mean a person traveling on foot; a walker.
TRICYCLE
Shall mean a three-wheeled device upon which a person is
or may be transported and that is propelled solely by human power.
[Ord. No. 559 § 3]
There is hereby established within the Township of Maurice River
a bicycle path, which path is described as follows: a right-of-way
having a width of sixty-six (66) feet, the centerline of which is
described as beginning at the center of Menhaden Road and extending
south 36 degrees 55 minutes west for a distance of four thousand five
hundred twenty-one (4,521) feet to the centerline of Matts Landing
Road (formerly known as Maurice River Road, laid on October 24, 1899,
described in Road Book D, Page 367).
[Ord. No. 559 § 4]
Use of a designated bicycle path is limited to pedestrians and
individuals using bicycles, tricycles or in-line skates.
a. Every person operating a bicycle, tricycle or with in-line skates
upon the bicycle path shall operate same at a safe speed and with
due regard for the safety of the operator and other persons and property.
b. Every person operating a bicycle, tricycle or with in-line skates
upon the bicycle path shall ride as near to the right side of the
bicycle path as practicable, exercising due care when passing a stationary
object or person or one proceeding in the same direction.
c. Every person operating a bicycle, tricycle or with in-line skates
upon the bicycle path shall give reasonable warning by an audible
signal before passing a stationary person or a person proceeding in
the same direction.
d. Every person operating a bicycle, tricycle or with in-line skates
upon the bicycle path shall remain at a safe distance behind any other
permitted pedestrian or operator of a bicycle, tricycle or with in-line
skates upon said path and shall not follow too closely.
[Ord. No. 559 § 5]
It shall be unlawful for any person, entity, firm or corporation
using the bicycle path or grounds immediately adjacent thereto to
either perform or permit to be performed any of the following acts:
a. To operate any bicycle or vehicle which is or may be driven by motor,
including but not necessarily limited to, a motorized bicycle, a car,
a truck, a motorcycle, a mini-bike, a motor scooter, a dirt bike,
or a two- , three- or four-wheeled off-road vehicle.
c. To remove, damage, deface, render inutile or open any permanent or
temporary barrier, signs, directionals, gates or fences.
d. To cast, throw, dispose or deposit in any manner any kind of dirt,
rubbish, waste article, thing or substance whatsoever, whether solid
or liquid.
e. To willfully mark, deface, displace or remove any building, bridges,
tables, benches, railings, paving or paving material, public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts or other boundary
markers or other structures or equipment, facilities or Township bicycle
path property or appurtenances whatsoever, either real or personal.
f. To throw, discharge or otherwise place or cause to be placed in the
waters of any pond, lake, stream, bay or other body of water adjacent
to the bicycle path or any tributary, stream, stormwater sewer, or
drain flowing into such waters any substance, matter or thing, liquid
or solid which will or may result in the pollution and/or littering
of said waterways.
g. To bring in or dump, deposit, dispose of or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or
refuse or other trash. No such refuse or trash shall be placed in
any waters in or contiguous to the Township bicycle path, or shall
be left anywhere on the grounds thereof, but shall be placed in the
proper receptacles where these are provided. Where receptacles are
not so provided, all such rubbish or waste shall be carried away from
the bicycle path or the grounds adjacent thereto by the person responsible
for its presence and properly disposed of elsewhere.
h. To damage, cut, carve, transplant or remove any tree or plant or
injure the bark or pick the flowers or seeds of any tree or plant,
or attach any rope, wire, or other contrivance to any tree or plant
or dig in or otherwise disturb grass areas or in any other way injure
or impair the natural beauty or usefulness of any area.
i. To hunt, kill, trap, chase, shoot or throw stones or any missiles
at or give or offer any poisonous foods to any animal, reptile, bird
or the eggs of same.
j. To sell, purchase, consume, ingest or drink any alcoholic beverage
or illegal drugs or possess same.
k. To explode, discharge, set off or otherwise cause to be exploded,
discharged or burned any firecracker, torpedo, rocket or other fireworks
or explosive or flammable material.
l. To build or attempt to build a fire or to drop, throw, or otherwise
scatter lighted matches, burning cigars or cigarettes, tobacco, or
any other flammable material.
m. To engage in any disorderly conduct or behavior tending to cause
a breach of the public peace or to disturb or otherwise interfere
with any other person or group of persons.
n. To bring any concession trucks, carts, wagons or containers or otherwise
sell any food or beverage or to sell or offer for sale any object
or merchandise or any other thing, or place any other equipment or
apparatus for said purpose, except by permit as may be permitted by
Township ordinance.
o. To endanger the safety of any person by any conduct or act.
p. To prevent any person from using the bicycle path or interfere with
such use in compliance with this section and the rules applicable
to such use.
[Ord. No. 559 § 6]
It shall be unlawful for any person to be in or upon a bicycle
path of Maurice River Township after one (1) hour following sunset
until sunrise, unless prior written approval is obtained from the
Township Committee.
[Ord. No. 559 § 6]
Emergency vehicles including, but not limited to, Police, Fire,
Fish and Game, ambulance and other emergency vehicles, shall not be
prohibited from traveling on said bicycle path.
[Ord. No. 559 § 7]
Any person who violates or fails to comply with any of the provisions
of this section shall, upon conviction thereof, be punished by the
payment of a fine of not more than one thousand ($1,000.00) dollars
or imprisonment for not more than ninety (90) days, or both.
[Ord. No. 562 §§ 1,
2; Ord. No. 567 §§ 1,
2]
a. No person who has been convicted of a violation of any crime against
a minor as set forth in N.J.S.A. 2C:7-2 who, as a result of said conviction,
has been determined to be a Tier II or Tier III Sex Offender and is
required to register with the proper authorities pursuant to N.J.S.A.
2C:7-8 (C) (2) and N.J.S.A. 2C:7-8 (C) (3) shall be permitted to reside
or live in Maurice River Township within two thousand five hundred
(2,500) feet of any school, school yard, park, playground or child
day care facility, whether such school, park, playground, or child
day care facility, library, Fire Station, or Community Center/Hall
or East Point Lighthouse is located within the Township, or in an
adjacent municipality.
b. For purposes of this section, the distance restriction shall be measured
from the out bounds of the property upon which the school, schoolyard,
park, playground, or child day care facility, library, Fire Station,
or Community Center/Hall or East Point Lighthouse is located.
[Ord. No. 562 §§ 3—5; Ord. No. 567 §§ 4, 5]
For purposes of this section, the following shall apply:
a. SCHOOL — Shall be defined as any public or private institution
of learning, pre-primary, primary, secondary or post secondary education
as well as their accessory uses including but not limited to playgrounds,
sports fields and gymnasiums.
b. SCHOOL— Shall also be defined as a place of religious studies
conducted for children at any house of worship.
c. FIRE STATION — Shall be defined as the Leesburg Fire Station,
the Heislerville Fire Station, the Port Elizabeth Fire Station, the
Cumberland Fire Station and the Delmont Fire Station.
d. COMMUNITY CENTER — Shall be defined as the Maurice River Township
Senior Center, the Maurice River Township Senior/Community Center
(annex) formerly known as Leechester Hall and any designated hall
or center operated by a Fire Station herein.
e. LIBRARY — Shall be defined as the Port Elizabeth Library.
f. RESIDES or LIVES — Shall be defined as the location of residency
reported by the sex offender pursuant to N.J.S.A. 2C:7-2.
[Ord. No. 562 § 6]
Any person who has established residency and has reported said
location as their residence pursuant to N.J.S.A. 2C:7-2 contrary to
the terms of this section but prior to the adoption thereof, shall
be permitted to continue residing at that location provided residency
is continuous and uninterrupted. In the event said person relocates
and reports said new location as their residence pursuant to N.J.S.A.
2C:7-2 in compliance herewith, they shall not be permitted to reside
in the Township of Maurice River contrary to the terms hereof thereafter.
[Ord. No. 562 § 7; Ord. No. 567 § 7]
An offender who has been classified as "Tier II" who desires
to reside in a prohibited area of Maurice River Township may apply
to the Township Committee for a waiver from the strict terms of this
section. In determining whether to grant a waiver in its sole discretion,
the Township Committee shall consider the nature of the conviction(s),
the length of time since the offender's conviction(s), the conduct
of the offender since said conviction(s) and proximity of the offender's
proposed residence in relation to any school, school yard, park, playground,
child day care facility, library, Fire Station or Community Center/Hall
or East Point Lighthouse. The right to apply for such waiver in no
instance shall extend to an offender who has been classified as "Tier
III."
[Ord. No. 562 §§ 8—10]
a. Any violation of this section shall, for a first offense, be punishable
with a fine not to exceed two thousand ($2,000.00) dollars, imprisonment
for a term not to exceed ninety (90) days, community service for a
term not to exceed ninety (90) days or any combination of the penalties
set forth in this section.
b. A second or subsequent offense shall be punishable with a fine not
to exceed two thousand five hundred ($2,500.00) dollars, imprisonment
for a term not to exceed one hundred eighty (180) days, community
service for a term not to exceed ninety (90) days or any combination
of the penalties set forth in this section.
c. Each day the individual registered pursuant to N.J.S.A. 2C:7-8 (C)
(2) and N.J.S.A. 2C:7-8 (C) (3) fails to comply with the terms contained
herein shall be considered a new or subsequent offense and punishable
as such.