[Editor's Note: For regulations concerning the removal of brush, weeds and debris and abandoned vehicles, see Chapter 10, Property Maintenance.]
[1967 Code § 15-1-13]
No person shall place upon, or attach to any tree, or upon,
or to any telegraph, telephone, or utility pole upon any of the streets
within the Township any handbill, advertisement, written or printed,
or partly written or printed notice of any kind, except such notices
as by law are required to be posted.
[New]
No person shall place upon or fasten to any motor vehicle, or
any motor vehicle part, parked within the Township, any handbills,
advertisements, circulars or other written or printed matter.
[1967 Code § 15-1-14]
No person shall scatter or throw upon any of the streets or
other public place within the Township any handbills, advertisements,
circulars or other written or printed matter, or fasten, by pasting
or otherwise, any such advertisements, notices or circulars to any
of the sidewalks or bridges in the Township.
[1967 Code § 6-1-1]
As used in this section:
Shall mean any device upon which a person may ride, propelled
wholly or in part by human muscular power and having two (2) tandem
wheels, either of which is twenty (20") inches or more in diameter.
[1967 Code § 6-1-6]
No operator of a bicycle shall leave a bicycle lying or standing
upon a sidewalk or street in a manner or position likely to hinder,
impede or endanger pedestrians or vehicular traffic.
[1967 Code § 6-1-9]
No person over twelve (12) years of age shall ride or operate
any bicycle on any sidewalk in the Township except for delivery of
newspapers or merchandise and then only in the residential section
of the Township, and when the sidewalk is not being used by pedestrians.
All persons riding or propelling bicycles upon any street in
the Township shall observe all statutes, traffic rules and regulations
applicable thereto.
[1967 Code § 6-1-12]
The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any
of the provisions of this section.
[New]
Any Township resident who owns, rides, or propels a bicycle
in the Township of Millburn may register the bicycle with the Police
Department.
[1967 Code § 6-2-3]
Upon receiving an application for registration of a bicycle,
the Chief of Police shall cause an inspection to be made of the bicycle,
and, if the bicycle is in an unsafe mechanical condition, he/she shall
refuse to issue a registration certificate.
[1967 Code § 6-2-4]
Upon receiving a proper application therefor and finding the
bicycle in a safe, mechanical condition, the Chief of Police shall
issue to the owner of such bicycle a registration certificate.
[1967 Code § 6-2-5]
Every registration certificate issued pursuant to this section
shall be numbered serially, and shall contain the date of issue, the
name and address of the owner or owners of the bicycle, the serial
number appearing on the frame of the bicycle, if any, and any other
permanent identifying feature of the vehicle. The Township registration
number shall be engraved on the bottom pedal bearing housing.
[1967 Code § 6-2-16]
The Police Department shall keep a record of the registration
of all bicycles, including the number of each registration certificate,
the date of issuance, the name and address of the person to whom issued,
and the name or make and the serial number on the frame of the bicycle
for which issued.
[Added 6-15-2021 by Ord. No. 2578-21]
Each and every retail food establishment which has been licensed
by the Township Board of Health to operate in the Township shall annually
file with the Health Officer a plan for the control of rodents and
other vermin together with a copy of a current contract with a licensed
exterminator requiring at least monthly inspections and provisions
for the prompt implementation of control measures in the event of
evidence of infestation or a public health problem. The plan shall
also provide that if the exterminator is called upon to abate or control
a rodent or vermin problem the exterminator must contact the Health
Officer to ensure that the methods conducted by the exterminator are
adequate to abate the problem. Failure to comply with these requirements
shall, to the maximum extent permitted by law, result in the revocation
or suspension of the establishment’s license pursuant to the
Board of Health ordinance (BH:4-2.5) entitled “Revocation or
Suspension of License; Grounds” as well as the imposition of
fines upon conviction of violations, and such other orders and penalties
as are applicable.
[1967 Code § 15-1-18]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the Township.
[1]
Editor's Note: For State law authorizing the Township to prevent
disturbing noises, see N.J.S.A. § 40:48-1.
[1967 Code § 15-1-19; Ord. No.
14-97 § 2; Ord. No. 2144-98 § 2]
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of subsection 3-7.1, but such enumeration shall not be deemed to be exclusive, namely:
b.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
The provisions of this section shall not be construed to prohibit
music being made upon streets or sidewalks by brass bands or other
bands nor to prohibit religious organizations from beating drums in
their religious worship.
c.
(Reserved)
d.
Defect in Vehicle or Load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
e.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
g.
Horns, Signaling Devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the Township, except as a danger warning, the creation
of any unreasonably loud or harsh sound by means of any such signaling
device and the sounding of any such device for unnecessary and unreasonable
period of time. The use of any signaling device except one operated
by hand or electricity, the use of any horn, whistle or other device
operated by engine exhaust and the use of any such signaling device
when traffic is held up for any reason.
h.
Loading, Unloading, Opening Boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
i.
Loudspeakers, Amplifiers, etc. The use of calliopes, mechanical loudspeakers
or amplifiers of any kind for any purpose upon the streets of the
Township.
j.
Noises to Attract Attention. The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
k.
Pile Drivers, Hammers, etc. The operation between the hours of 10:00
p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
l.
Radios, Phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such 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 who is in the room,
vehicle or chamber in which such machine or device is operated and
who is a voluntary listener thereto. The operation of any such set,
instrument, phonograph, machine or device between the hours of 11:00
p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of fifty (50) feet from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
m.
Schools, Courts, Churches, Hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital; provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
n.
Steam Whistles. The blowing of any train whistle or steam whistle
attached to any stationary boiler except to give notice of the time
to begin or stop work or as a warning of fire or danger or upon request
of Township authorities.
o.
Transportation of Metal Rails, etc. The transportation of rails,
pillars or columns of iron, steel or other material over and along
streets and other public places upon carts, drays, cars, trucks or
in any other manner so loaded as to cause loud noises or as to disturb
the peace and quiet of such streets or other public places.
p.
Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any office, dwelling, hotel
or other type of residence or of any persons in the vicinity.
[Amended in entirety by Ord. No. 2518-18. Prior history includes Ord. Nos. 2144-98, 2189-01]
[Ord. No. 2518-18]
The purpose of this Section 3-8 is to regulate the hours of construction, the use of power equipment and heavy equipment, imposing requirements for dust and silt control, requiring fencing, requiring toilet facilities, limiting the location of dumpsters, and requiring compliance with the current Tree Preservation Ordinance (Chapter 11) in order to protect and promote the health, welfare and safety of the public in the Township. This Section 3-8 is applicable to all land use activities.
[Ord. No. 2518-18]
The following definitions apply to this Section 3-8:
Shall mean construction, repair, alteration or demolition
of any building or structure, or the laying of any pavement, and including,
but not limited to, the making of an excavation, movement of earth,
clearing of land, and loading or unloading of construction material,
equipment or supplies, where a permit is required to perform the work.
Shall mean heavy-duty vehicles, designed for executing construction
tasks, including, but not limited to, a bulldozer, backhoe or excavator.
Shall mean the following days are observed as federal Legal
Holidays, in accordance with 5 U.S.C.A. § 6103(a): New Year's
Day, Martin Luther King, Jr. Day, Washington's Birthday also referred
to as Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day and Christmas Day.
Shall mean any individual, entity, contractor, sub-contractor,
or group of persons engaging in Construction Activity.
Shall mean any tools powered by electricity or fuel, including,
but not limited to, a power saw, hammer, sander, drill, grinder, lawn
mower, leaf blower, thatcher, generator, air compressor, or like power
equipment.
[Ord. No. 2518-18]
[Ord. No. 2518-18]
a.
The activities restricted by this Section 3-8 shall be permitted only during the following hours:
|
Weekdays:
|
8:00 a.m. to 7:00 p.m.
|
|
Saturdays:
|
9:00 a.m. to 5:00 p.m.
|
[Ord. No. 2518-18]
The restrictions of this Section 3-8 shall not apply to the following:
a.
Activities confined within a wholly enclosed building or structure.
b.
Activities conducted pursuant to and within the terms of a permit
issued by the Township Administrator, or his designee, where he finds
that the public health and safety will be enhanced by the work or
will be harmed by failure to perform the work at the time indicated
therein.
c.
Activities necessary to prevent injury to persons or property, including
snow removal.
d.
Activities conducted by or for any government unit or agency, or
for work by public utilities.
e.
Grass cutting on golf courses which may commence at 7:00 a.m. on
weekdays and 8:00 a.m. on Saturdays, Sundays and Legal Holidays.
[Ord. No. 2518-18]
Any Person, including owners and occupants of the premises,
engaging in Construction Activity shall comply with all of the following
requirements:
a.
Shall maintain the construction site in an orderly manner during the duration of any Construction Activity, including by being maintained in such a manner as to comply with the requirements of Chapter 10, entitled Property Maintenance, including, but not limited to, the removal of brush, weeds, obnoxious growth, garbage and debris. Within ten (10) days of the conclusion of Construction Activity, all equipment and unused construction material shall be removed from the premises, or stored in an appropriate manner.
b.
Shall provide toilet facilities for all persons engaged in construction
activity at the construction site, in compliance with Occupational
Safety and Health Administration regulations.
c.
For all Construction Activity requiring a Hudson-Essex-Passaic Soil Conservation District permit, shall install chain-link temporary fencing with solid colored screening, which shall not have signage or symbols, around the perimeter of the construction site, adequate to block the sight of ground level Construction Activity from neighboring properties, and to mitigate the effects of dust and debris leaving the premises. Temporary fencing installed for the purpose of complying with this Section 3-8:
1.
Must not exceed six (6) feet in height, in compliance with Development
Regulations and Zoning Ordinance subsection 609.6;
2.
Is permitted in the front yard as a permissible exception to Development
Regulations and Zoning Ordinance subsection 609.6(a) as to prohibiting
fences in front yards;
3.
Must be removed within ten (10) days of the conclusion of Construction
Activity; and
4.
Does not alleviate the requirement for temporary fencing, pursuant
to Development Regulations and Zoning Ordinance subsection 608.5 (steep
slope areas), where required.
d.
Shall keep dumpsters used during Construction Activity on the same
property where the Construction Activity is occurring, or receive
and comply with a permit from the Police Department for placement
on the roadway, and such dumpsters shall be properly maintained, including,
but not limited to, removal when full.
e.
Shall take reasonable precautions to mitigate dust, silt and debris
resulting from Construction Activity from leaving the premises, which
includes:
1.
Wetting down the structure daily during demolition activity to prevent
dust from leaving the perimeter of the property;
2.
Use of tracking mats, in such locations approved by the Township
Engineer, as to minimize the tracking of mud and dirt outside of the
perimeter of the property;
3.
Installation of inlet filter bags in any Township inlet directly
in the front of the property and the first downstream inlet on the
street from the property to trap waterborne sediment from entering
the storm sewer, and:
4.
Washing of trucks and equipment by spraying with a hose before leaving
the construction site; and
5.
Keeping the roadway and adjacent sidewalk free and clear of materials
being tracked off site during construction.
f.
Shall comply with all of the requirements of Chapter 11, entitled Tree Preservation, including, but not limited to, obtaining a Tree Removal Permit and submitting a Millburn Tree Restoration Plan, where applicable.
g.
Prior to commencing any new construction, in addition to the requirements
of this section concerning protective measures at construction sites,
the Construction Code Official shall be authorized to require an applicant
for a permit related to Construction Activity to submit how he/she
intends to comply with the Standard Division Specifications of the
Construction Specifications Institute.
h.
The Township Construction Code Official, Health Officer, Code Enforcement Officer, Township Forester, Township Engineer, Police Department, Township Administrator, or his designee, shall have authority to discern compliance with this section and the authority to secure compliance with this section with regard to certain actions taken by Persons engaged in Construction Activity to ensure that neighbors are not unreasonably subjected to noise, dust, unsanitary or unsightly conditions, or other violations of the provisions of this section. Enforcement by the Police Department is limited to enforcement of Section 3-8.4 (Enforcement of permissible hours and days of construction activity) and Section 3-8.6(d) (Location of dumpsters).
[Ord. No. 2518-18]
If any of the requirements of this Section 3-8 are not complied with:
a.
The Township Construction Code Official may issue a stop work order,
pursuant to his/her authority under N.J.A.C. 5:23-2.31, which shall
remain in full force and effect until the violation is remedied to
the satisfaction of the Township Official; and/or
c.
Such other actions may be initiated as permitted by law; and/or
d.
The Township shall also have the right to commence litigation in
a court of competent jurisdiction.
[New]
No person shall defecate or urinate in any public street, alley,
park or other public place in the Township or any area to which the
public is invited in the Township.
[Ord. No. 2-91 § 1]
It is unlawful for any person to engage in picketing before
or about the residence or dwelling of any individual in Millburn Township.
[Ord. No. 2284-07 § 1]
As used in this section, the following terms have the meaning
indicated:
Shall mean alcoholic beverage as defined in the New Jersey
Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq.
Shall mean the New Jersey Motor Vehicle Commission.
Shall mean a person who has qualified as a guardian of an
underaged person pursuant to testamentary or court appointment.
Shall mean a person under the age of twenty-one (21) years
and includes the term underaged person.
Shall mean any noncommercial premises used for either residential
or recreational purposes.
Shall mean an adult who is related to a person under the
legal age by blood, marriage, or adoption.
[Ord. No. 2284-07 § 1]
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private premises, and it shall be unlawful
for any person to furnish, serve or allow the consumption of any alcoholic
beverage to or by a minor on any private premises.
[Ord. No. 2284-07 § 1]
a.
Nothing herein shall prohibit a person under the legal age from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony or rite or from consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian,
or relative who has attained the legal age to purchase and to consume
alcoholic beverages.
b.
Nothing herein shall prohibit the possession of alcoholic beverages
by any person under the legal age while such person is actually engaged
in the performance of employment by a person who is licensed under
N.J.S.A. 33:1 et seq. or while actively engaged in the preparation
of food while enrolled in a culinary arts or hotel management program
at a county vocation school or post-secondary education institution,
except that this section shall not be construed to preclude the imposition
of a penalty under this section or pursuant to N.J.S.A. 33-1.81, or
any other section of law against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
[Ord. No. 2284-07 § 1]
a.
Upon the conviction of any person under the legal age for a violation
of this section, the court shall impose a fine of two hundred fifty
dollars ($250.00) for the first offense and three hundred fifty dollars
($350.00) for any subsequent offense.
b.
In addition, the court may suspend or postpone for six (6) months,
the driving privileges of the person under the legal age and the suspension
or postponement of such person's driver's license, the court shall
forward a report to the Commission stating the first day and last
day of the suspension or postponement period imposed by the court
pursuant to this section. If, at the time of the imposition of a sentence,
such person is less than seventeen (17) years of age, the period of
license postponement, including a suspension or postponement of the
privilege of operation a motorized bicycle, shall commence on the
day the sentence is imposed and shall run for a period of six (6)
months after the person reaches the age of seventeen (17) years.
c.
If at the time of the imposition of a sentence the convicted person
has a valid driver's license issued by the State of New Jersey, the
court shall immediately collect the license and forward same to the
Commission, along with the report required hereunder. If for any reason
the license cannot be collected, the court shall include in the report
the complete name, address, date of birth, eye color and sex of the
person, as well as the first and last date of the license suspension
period imposed by the court.
d.
If a person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privileges of the person and submit the required report to
the Commission. The court shall not collect the license of a nonresident
convicted under this section. Upon receipt of a report by the court,
the Commission shall give required notice to appropriate officials
in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 2284-07 § 1]
The Police Department shall have jurisdiction to enforce the
provisions of this section.
[1967 Code § 15-1-21.1]
It shall be unlawful for any person to park any vehicle within
the lines of any street or public way in the Township for the purpose
and during the process of selling and delivering thereat and therefrom,
to a consumer, goods, wares and merchandise.
[1967 Code § 15-1-10]
It shall be unlawful in the Township to sell or dispense food
or beverages from a mechanical vending device; however, the sale or
dispensing of either food or beverages from a mechanical vending device
located in a store, factory, school, office, club, lodge, community
center, recreational building, charitable institution, personal service
establishment or building of public assembly shall be permitted.
It shall be unlawful to erect, operate or maintain, within the
Township, any mechanical vending device for the sale of food or beverages
in any location other than those permitted by the provisions of this
section.
[1967 Code § 15-1-6.1; Ord. No.
3-87 § 1; New]
No person shall operate, or cause to be operated, any human-powered
vehicle or device, including, but not limited to, skateboard, skates,
bicycle, sled, toboggan, skis, or any other locomotion vehicle or
device:
a.
In or upon any street, sidewalk, parking lot, park or other public
place in the Township in a careless manner without due caution and
circumspection so as to endanger or be likely to endanger any person
or property; and
b.
In any manner in the public place known as The Courtyard which is
designated as part of Lot 28 in Block 1212 on the Millburn Township
Tax Map and more specifically described as follows:
Beginning at a point in the westerly sideline of Main Street
being distant 83.45 feet along said sideline from the point of curve
leading into the southerly sideline of Essex Street and running thence:
1.
Along lands designated as Lot 12, in Block 1212, south 76 degrees
- 59 feet west 150.0 feet to a point; thence
2.
Through lands designated as Lot 28, in Block 1212, south 12 degrees
- 48 feet - 37 inches east 50.33 feet to a point; thence
3.
Along lands designated as Lot 10, in Block 1212, north 77 degrees
- 34 feet east 97.0 feet to a point; thence
4.
Along lands designated as Lot 11, in Block 1212, north 11 degrees
- 31 feet - 30 inches west 41.26 feet to a point; thence
5.
Still along lands designated as Lot 11, in Block 1212, north 78 degrees
- 28 feet - 30 inches east 51.36 to a point in the westerly sideline
of Main Street; thence
6.
Along the westerly sideline of Main Street north 10 degrees - 38
feet west 11.50 feet to the point and place of beginning.
[New]
No person shall commit an act of graffiti in the Township. For
purposes of this section, "act of graffiti" means the drawing, painting
or the making of any inscription on a bridge, building, public transportation
vehicle, rock, wall, sidewalk, street or other exposed surface on
public or private property without the permission of the owner. Any
person violating the provisions of this section shall be subject to
a fine of not less than one hundred dollars ($100.00).
[New]
Any person who commits any of the following acts shall be deemed
to have committed the offense of disorderly conduct:
b.
Uses offensive language which is spoken loudly, in a public place,
and is likely to incite the hearer to an immediate breach of the peace.
c.
With purpose to harass another:
1.
Makes, or causes to be made, a communication(s) anonymously or at
extremely inconvenient hours or in an offensively coarse language,
or any other manner likely to cause annoyance or alarm;
2.
Subjects another to striking, kicking, shoving, or other offensive
touching, or threatens to do so; or
3.
Engages in any other course or alarming conduct or of repeatedly
committed acts with the purpose to alarm or seriously annoy such other
person.
d.
Having no legal privilege to do so, purposely or recklessly obstructs
any highway or other public passage whether alone or with others.
e.
In a gathering, refuses to obey a reasonable official request or
order to move:
1.
To prevent obstruction of a highway or other public passage; or
2.
To maintain public safety by dispersing those gathered in a dangerous
proximity to a fire or other hazard; or
3.
Except when the person's speech or other lawful behavior attracts
the obstructing audience and the obstruction can be readily remedied
by police control of the size or location of the gathering.
f.
Is a retailer, as defined in N.J.S.A. 2c:34-3.1, and displays or
permits to be displayed at his business premises any obscene material,
as defined in N.J.S.A. 2c:34-3(1), at a height of less than five (5')
feet or without a blinder or any other covering placed or printed
in front of the material displayed. The public display of obscene
material constitutes presumptive evidence that the retailer knowingly
made or permitted the display.
g.
Obstructs, molests or interferes with any person in a public place
or private place, by obstructing or interfering with the movement
of any person lawfully on the street, or by unwarranted, intervening
or intermeddling in the activities of others.
h.
With purpose to prevent or disrupt a lawful meeting, procession or
gathering, does an act tending to obstruct or interfere with it physically.
i.
Purposely defaces, damages or pollutes any public monument, insignia,
symbol, or structure, or place of worship or burial.
j.
Casts, shoots or throws anything at, against or into any vehicle,
railroad car, airplane, or other facility of transportation, or places
any stick, stone or other substance upon any street railway track,
trolley track or railroad track, or who unlawfully climbs into or
upon any railroad car, either in motion or standing on the track of
any railroad company in this state.
k.
Is under the legal age to purchase alcoholic beverages, and knowingly
possesses alcoholic beverages without legal authority, or knowingly
consumes any alcoholic beverages in any school, public conveyance,
public place or place of public assembly, or motor vehicle.
l.
Is of legal age to purchase alcoholic beverages, and knowingly and
without the express written permission of the school board, its delegated
authority, or any school principal, brings or possesses any alcoholic
beverages on any property used for school purposes which is owned
by any school or school board.
m.
Whether on foot or in a motor vehicle:
1.
Wanders, remains or prowls in a public place for the purpose of unlawfully
obtaining or distributing a controlled dangerous substance or controlled
substance analog; and
2.
Engages in conduct that, under the circumstances, manifests a purpose
to obtain or distribute a controlled substance or controlled substance
analog.
n.
Purposely, knowingly or recklessly defaces, damages, obstructs or
otherwise impairs the operation of any railroad crossing warning signal
or protection device, including, but not limited, to, safety gates,
electric bell, electric sign, or any other alarm or protection system
authorized by the commissioner of transportation.
o.
Sells, leases, gives or otherwise provides a remotely activated paging
device to a person under eighteen (18) years of age, except when given
by a doctor during the course of treatment or by an owner/operator
of a commercial enterprise during hours of employment.
p.
While enrolled as a student of an elementary or secondary school,
knowingly and without express written permission of the school board,
its delegated authority, or any school principal, brings or possesses
any remotely activated paging device on any property used for school
purposes, at any time and regardless of whether school is in session
or other persons are present.
q.
Refuses or knowingly fails to obey an order to disperse, made by
a peace officer or other public servant engaged in executing or enforcing
the law, where five (5) or more persons are participating in a course
of disorderly conduct likely to cause substantial harm.
r.
Is guilty of simple assault, for:
1.
Attempting to cause or purposely, knowingly or recklessly causing
bodily injury to another; or
2.
Negligently causing bodily injury to another with a deadly weapon;
or
3.
Attempting by physical menace to put another in fear or imminent
serious bodily injury;
4.
Except when committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly person's offense.
[1967 code § 8-6-7]
Every restaurant shall be and remain closed between the hours
of 2:00 a.m. and 5:00 a.m. of every day, except on January 1 annually.
[1967 code 8-10-7]
Every catering or similar business establishment shall be and
remain closed between the hours of 2:00 a.m. and 3:00 a.m., prevailing
time, every day.
[1]
Editor's Note: For State law as to weapons generally, see
N.J.S.A. 2c:58-6.1.
[1967 Code § 25-1-1; New; Ord.
No. 2174-00 § 1]
No person, other than a sworn Police Officer, in the performance
of his/her official duties, shall discharge a firearm, bow and arrow,
or crossbow within the Township, except as authorized by resolution
of the Township Committee for purposes of wildlife management.
[1967 Code § 15-1-6]
It shall be unlawful for any person to sell or have in his possession
for sale, or to carry or use in any public street or place, in the
Township, any bean shooter, blow pipe or metal pointed darts.
[Ord. No. 2429-14]
As used in this section, the following words shall have the
following meanings:
Shall include all structures owned, leased, rented and/or
operated by the Township of Millburn, and/or occupied by Township
employees and used for official business of the Township.
Shall include all public parks, playgrounds, ball fields,
publicly owned or leased by the Township of Millburn and all property
owned or leased by the Township of Millburn upon which the public
is invited or upon which the public is permitted and where individuals
gather for recreational activities, including all areas adjacent to
such facilities, including, but not limited to, any parking area,
driveway or drive aisle.
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe, marijuana
joint or any other matter or substance which contains tobacco, or
marijuana or any other matter that can be smoked.
[Ord. No. 2429-14]
[Ord. No. 2429-14]
The enforcement authority of this section shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the Township of Millburn.
[Ord. No. 2429-14]
Any person who violates any provision of this section shall
be subject to a fine of not less than two hundred fifty dollars ($250.00)
for the first offense, five hundred ($500.00) dollars for the second
offense and one thousand dollars ($1,000.00) for each subsequent offense.
Any municipal employee found in violation of this section may also
be subject to discipline in accordance with the provisions of the
City of Millburn's policies and procedures.
[Ord. No. 2449-15]
To protect the health and safety of the residents of The Township
of Millburn by regulating the possession, use and public and/or private
display of fireworks on private premises.
[Ord. No. 2449-15]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein.
a.
Township shall mean the Township of Millburn, in the County of Essex,
and State of New Jersey.
b.
Fireworks shall mean and include any combustible or explosive composition,
or any substances, or combination of substances, or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and shall include skyrockets,
Roman candles or other devices of like construction and any device
containing any explosive or flammable compound, or any tablets or
other devices of like construction and any device containing any explosive
or flammable compound, or any tablets or other devices containing
any explosive substance, except that the term "fireworks" shall not
include auto flares, paper caps containing not in excess of an average
of .25 grain (16.2 mg) of explosive content per cap, and toy pistols
or other devices for use of such caps, the use of which shall be permitted
at all times.
c.
Fire Official shall mean the Chief of the Fire Department of the
Township, his/her designee, the Fire Marshal, or his/her designee.
[Ord. No. 2449-15]
The possession and use of fireworks for public or private display
shall be prohibited in the Township unless a permit is obtained in
accordance with N.J.S.A. 21:3-3 which authorizes a municipality to
issue a permit for the same and as provided herein by this section.
[Ord. No. 2449-15]
A resolution authorizing a permit shall be obtained from the
Township Committee prior to the discharge and display of any fireworks
within the Township. The fee for such permit shall be $750.00 and
shall hereby be incorporated into the Township Fee Schedule.
[Ord. No. 2449-15]
a.
An application for a permit may be obtained from the Township Fire
Chief and must be submitted to the Fire Official at least forty-five
(45) days prior to the date of the display or discharge of fireworks.
b.
All such applications for permits shall set forth the following:
1.
The date, time, and place of making such proposed display or discharge;
2.
The name, address, telephone number, I.D. or social security number
of any person making the display and/or in charge of igniting, firing,
setting-off, exploding, or causing to be exploded such fireworks;
3.
The experience of any person making the display and/or in charge
of igniting, firing, setting-off, exploding or causing to be exploded
such fireworks, including references;
4.
Whether any person making the display and/or in charge of igniting,
firing, setting-off, exploding or causing to be exploded such fireworks,
has ever been convicted of a crime, indicating the date and type of
conviction; and
5.
A list of the fireworks to be displayed or discharged, and manner
and location where same are to be stored prior to the display or discharge.
c.
The following shall be submitted with the application for the fireworks
permit:
1.
A site plan of the display area with a plan of discharge which shows
the set-up, discharge, disposal of unfired fireworks and emergency
plan;
2.
The permit fee of $750.00 payable to the Township;
3.
A certified true copy of a Certificate of Insurance with an endorsement
naming the Township as a coinsured pursuant to a Hold Harmless Agreement
stating that the insured shall indemnify the Township and hold the
Township harmless. The types and amounts of coverage shall be no less
than:
[Ord. No. 2449-15]
a.
The display and/or discharge of fireworks shall be handled by a competent
operator approved by the Chiefs of the Police and Fire Departments.
Such display shall be of such a character, and so located, discharged,
or fired, as in the opinion of the Chiefs of the Police and Fire Departments,
after proper inspection, shall not be hazardous to property or endanger
any person(s). The location of the storage place of the fireworks
shall be subject to the approval of the Fire Official. Prior to the
issuance of a permit, the application for same, including the Certificate
of Insurance must be reviewed and approved by the Township Risk Manager.
The possession and use of fireworks for such display shall be lawful
under the terms and conditions approved with the permit and for that
purpose only. No permit issued hereunder shall be transferable. Upon
issuance of the permit, the Fire Department shall immediately notify
the Police Department of same.
b.
The display and/or discharge of fireworks pursuant to this section
shall be linked to one 4th of July fireworks display/discharge between
June 24 to July 11, between the hours of 8:30 P.M. to 10:00 P.M. and
for a duration of no more than thirty (30) minutes.
[Ord. No. 2449-15]
Unfired fireworks and trash remaining after the display or discharge
is concluded shall be immediately disposed of in a safe manner approved
by the Fire Official.
[Ord. No. 2449-15]
The Fire Official shall seize, take, remove or cause to be removed
at the expense of the owner, or other person, all stocks of fireworks
for display, stored or held in violation of this section. Any person
violating any of the provisions of this section shall be subject to
the penalties as set forth in N.J.S.A. 21:3-8 or as otherwise provided
by law.
