[Ord. No. 13-8; 18-82; Ord. No. 2014-04]
No person shall lounge or sleep in or upon any street, park
or public place, or in any public building or obstruct the access
to any public building or any part thereof, or obstruct passage through
or upon any public street, park or public place or any public conveyance.
[Ord. No. 2014-04]
No person shall drink, imbibe or consume any alcoholic beverage
in or upon a public street, lane, roadway, avenue, sidewalk, public
parking place, park, playground, recreation area or any other public
or quasi-public place, or in a public conveyance or private motor
vehicle while the same is in motion or parked in any public street,
lane, public parking lot or public or quasi-public place, or on any
private property not his own without the express permission of the
owner or other person having authority to grant such permission. No
person shall have in his possession or possess any alcoholic beverage
in, on or upon any public street, road, alley, sidewalk, park, playground
or in, on or upon any land or building owned or occupied by the Borough
government, unless the same is contained within a closed or sealed
container.
[Ord. No. 2014-04]
a.
It shall be unlawful for any person to urinate or defecate in any
public place, except in such places as may be provided for such use.
b.
No person shall appear or travel on any street, avenue, highway,
road, boardwalk, beach, beachfront or waterway located in the Borough
of Cliffside Park or appear in any public place, store or any business
open to the public in said Borough in a state of nudity. A person
shall be found in a state of nudity when clothing or absence of clothing
completely exposes to public view a person's anus, genitals, pubic
area or female breasts. No person shall dress or undress in any public
place or in public view within the Borough of Cliffside Park.
[Ord. No. 2014-04]
a.
Sound-Reproduction Equipment. The following restrictions shall apply
to all sound-reproduction equipment and portable sound systems, including
sound-reproduction equipment located in motor vehicles and boats.
1.
Sound-reproduction equipment may not be plainly audible at a distance
of 50 feet. If sound-reproduction equipment is plainly audible at
a distance of 50 feet, the operator of the sound-reproduction equipment
shall be in violation of this subsection.
2.
Sound-reproduction equipment may not be plainly audible at a residential property line between the hours of 11:00 p.m. and 8:00 a.m. If sound-reproduction equipment is plainly audible at a residential property line between the hours of 11:00 p.m. and 8:00 a.m., the operator of the sound-reproduction equipment shall be in violation of this subsection. The nighttime regulations contained in this subsection are in addition to, and shall not be construed to limit, the regulations contained in Subsection 1 above.
3.
Noise may not be plainly audible between neighboring dwellings based
on an indoor assessment of sound taken by a law enforcement officer
from within the complaining dwelling. This restriction shall apply
to all neighboring residential dwellings, whether a dwelling is attached
to another dwelling, as in a multiunit dwelling, or is completely
detached from any other dwelling, separated by space. Any person who
causes, suffers, allows, or permits noise which is plainly audible
between neighboring dwellings as described and defined herein shall
be in violation of this subsection.
4.
PLAINLY AUDIBLE – Shall mean any sound that can be detected
by a person using his or her unaided hearing faculties. As an example,
if the sound source under investigation is a portable or personal
vehicular sound amplification or reproduction device, the detection
of the rhythmic bass component of the music is sufficient to verify
plainly audible sound. The law enforcement officer need not determine
the title, specific words, or the artist performing the song.
[Ord. No. 2014-04]
No person shall solicit or distribute any object, including
literature, on the public streets in the Borough of Cliffside Park.
Distribution of any object, including literature, on the public streets
or sidewalks of the Borough of Cliffside Park shall be conducted in
a manner which does not endanger the safety of persons or property,
nor unreasonably interfere with or impede the flow of pedestrian or
vehicular traffic.
[Ord. No. 2014-04]
No person or persons shall, within the limits of this Borough,
create any disturbance by violence.
[Ord. No. 2014-04]
No person or persons shall, within the limits of this Borough,
maliciously destroy, damage or injure any property.
[Ord. No. 2014-04]
No person shall park a vehicle in any private driveway or on
any private property within the limits of this Borough without having
first obtained the permission of the owner.
[Ord. No. 2014-04]
It shall be unlawful for any person, firm or corporation to
store or place outdoors vehicles in a state of major disassembly,
disrepair or in the process of being stripped or dismantled or to
carry on the repairing of said vehicles outdoors, including automobiles,
buses, motorcycles or any other motorized vehicles used for transportation.
[Ord. No. 2014-04]
Each and every one of the acts hereinbefore declared to be unlawful
are hereby declared and considered nuisances.
[Ord. No. 2014-04]
It shall be unlawful for any person or persons to commit any
nuisances on any of the streets or other public places within the
limits of this Borough.
[Ord. No. 2014-04]
It shall be unlawful for any person to use or discharge any
gun, pistol, firearm, hunting arrow or dart in gunning for game, in
target practice or practice shooting, or discharge any such gun, pistol,
firearm, hunting arrow or dart, within the corporate limits of this
Borough; provided, however, that nothing herein contained shall be
construed to prevent the use of any such gun, pistol, firearm, hunting
arrow or dart in defense of the person using the same.
[Ord. No. 2014-04]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of no less than $100.00 and no more than $1,250.00, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
[Ord. No. 13-8]
No person shall permit or cause any sound such as emitted, created
or produced by radios, phonographs, television or other sound producing
instruments, to be directed through open doors or windows into the
streets or other public places so as to constitute a nuisance.
[Ord. No. 13-7]
No person shall operate or permit the operation in any public
or private place any vehicle or apparatus either stationary or in
motion, commonly known as a sound truck, for any purpose whatsoever
while it is producing any loud and raucous noises, musical or otherwise,
provided that on special occasions such as public celebrations, or
other special events, the operation of a sound truck may be permitted
by the Mayor and Council.
[Ord. No. 5-95, SI]
a.
No person shall operate or use, or cause the operation or use of,
any pile drivers, steam shovels, pneumatic hammers, derricks, steam
or electric hoists or any tools or equipment which shall make any
loud or disturbing noise on Sundays, except in the case of an emergency
upon notice to the police department. Furthermore, no person shall
operate or use, or cause the operation or use of, the foregoing on
all other days except between the hours of 8:00 a.m. and 7:00 p.m.
b.
No person shall operate or use, or cause the operation or use of
lawn mowers, snow blowers, leaf collectors/blowers or other home paraphernalia
on Sundays except between the hours of 9:00 a.m. and 7:00 p.m. Furthermore,
no person shall operate or use, or cause the operation or use of,
the foregoing on all other days except between the hours of 8:00 a.m.
and 7:00 p.m.
c.
No person shall excavate, demolish, erect, alter, repair or renovate,
or cause the excavation, demolition, erection, alteration, repair
or renovation of, a building within 1,000 feet of any dwelling or
business property on Sundays, except in the case of an emergency in
the interest of public safety and upon obtaining a permit from the
building inspector.
d.
Nothing herein shall prohibit the Borough of Cliffside Park at any
time from using the necessary equipment in the interest of the public's
health, safety and welfare.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 5-1 — 5-8, 6/4/68.
[Ord. No. 2011-06]
a.
UNISEX HAIR SALONS – Shall also mean an establishment, barber
shop, salon, spa or day spa, wherein any or all work performed or
demonstrated by any person, which work is generally and usually performed
by hairdressers, barbers, cosmetologists, cosmeticians, beauticians
or beauty culturists and however denominated in hairdressing and beauty
shops, which work is for the cleanliness and beautification of the
hair, such arranging, modeling, dressing, brushing, beautifying, curling,
waving, straightening, dyeing, tinting, permanent waving, cleansing,
cutting, styling, singeing, bleaching or coloring and the massaging,
cleansing, stimulating, exercising or similar work upon the scalp,
face, arms, hands, or neck with the hands or by the use of mechanical
or electrical appliances with or without cosmetic preparations, external
application of creams, tonics and soothing lotions and antiseptics
for use with instruments or with the hands; or manicuring the fingernails
or toenails and beautifying the hands and/or feet of males or females.
b.
MECHANICAL OR ELECTRICAL APPLIANCES – Shall include but not
be limited to vibrators, manual and electric clippers, permanent wave
machines, hair driers, and electrical manicuring machines, but it
shall not be interpreted to include or the right to use ultra-violet
tanning ray machines.
c.
WEEKDAYS – Shall mean every day of the week from Sunday to
Saturday inclusive, unless otherwise qualified herein.
[Ord. No. 2011-06]
A unisex hair salon shall be permitted to be open weekdays subject
only to municipal closing restrictions.
[Ord. No. 2011-06]
a.
All licenses and signs which are required to be posted by the New
Jersey State Board of Cosmetology & Hairstyling shall be displayed
in a conspicuous place; practitioners shall have their respective
pictures attached.
b.
Handwashing soap, hand sanitizers and disposable paper towels shall
be at each handwashing station.
[Ord. No. 2011-06]
The aforementioned regulations are in addition to the rules,
regulations and orders of the New Jersey Board of Cosmetology &
Hairstyling and are in no way intended to replace or alter any of
the aforementioned rules, regulations and orders.
[Ord. No. 2011-06]
All other sections of the revised Borough ordinance not specifically
amended by the provisions of this ordinance shall remain in full force
and effect.
[Ord. No. 8-1961; reserved
by Ord. No. 2011-06]
[Ord. No. 1-1963]
It is unlawful for any person to import from outside the Borough
or to transport within the Borough or to supply from without the Borough
any person for the purpose of being or becoming employed with an object
of:
Interfering by force of violence or threats thereof, or coercing
or intimidating persons lawfully picketing the premises of an employer
or engaged in other lawful activities in support of a strike, during
the existence of a labor dispute; or
Coercing or intimidating or interfering by force or violence
or threats thereof with the right of employees to form, join or assist
labor organizations or the rights of employees of their representative
to engage in collective bargaining with their employers.
Replacing in employment any employees of any employer who are
lawfully on strike or who have been locked out.
[Ord. No. 1-1965, S1]
The owner, tenant or agent in charge of any real property abutting
upon a public street shall, within 18 hours of daylight after a fall
or formation of snow, ice or hail, remove or cause to be removed the
same from the abutting sidewalks or sidewalk areas.
[Ord. No. 1-1965, S2]
In the event snow, ice or hail is not removed or caused to be removed by an owner, tenant or agent in charge of any real property abutting upon a public street, within 18 hours of daylight after its fall or formation the owner, tenant or agent in charge, shall be liable to the penalty clause in § 3-8, for knowingly and willfully neglecting or refusing to remove same. Each successive violation shall be deemed to have occurred, subject to the provision hereof for every 18 hour period thereafter during which time the snow, ice or hail has not been removed in accordance herewith.
[Ord. No. 1-1965, S3]
Notwithstanding the above, in the event the snow, ice or hail
is not removed within 24 hours after its fall or formation, it may
be removed under the direction of the superintendent of public works
or other officer in charge of the streets, upon instruction from the
chairman of the Public Works Committee. The cost incurred and paid
in such removal shall be certified by the officer to the Council.
The Council shall examine the certificate and if it is found correct,
shall cause the costs to be charged against the land abutting or bordering
the sidewalk or sidewalk areas. The amount so charged shall forthwith
become and remain a lien and tax upon the lands until paid; and shall
be added to and form a part of the taxes next to be levied and assessed
against the land; and shall be enforced and collected with interest
by the same officers and in the same manner as other taxes.
[Ord. No. 23-77]
No persons owning, keeping or harboring a dog, animal or reptile
shall permit any damage or injury to any lawn, shrubbery, flowers,
grounds or property of an-other or on public streets or sidewalks
of the Borough which in any manner might be detrimental to the public
health, safety and welfare of the general public of the Borough and
others. Further, no person shall suffer or permit any dog, cat or
other animal or reptile to defecate or deposit any droppings and fecal
matter on any such private or public property hereinbefore mentioned
under penalty hereinafter provided, and such persons owning, keeping
or harboring any dog, animal or reptile shall take immediate steps
and efforts to clean and remove such droppings and fecal matter without
delay so as to prevent such action from becoming a public nuisance
detrimental to the health, safety and welfare of the general public.
[Ord. No. 5-1973]
The soiling action shall be deemed prevented if the owner of
the animal shall promptly clean all such droppings and fecal matter
by causing same to be gathered in a suitable bag, wrapper or other
container and disposed of in a safe and sanitary manner and such action
shall be taken promptly within a reasonable time.
[Ord. No. 23-77]
It shall be unlawful for any person to bring any animal, reptile
or bird in or upon any public playground, park, or recreation area
of the Borough, and any person so doing, or any owner of such animal,
reptile or bird shall be subject to the penalties provided elsewhere
in this chapter.
[Ord. No. 16-81]
It shall be unlawful for any person to walk a dog or dogs upon
any public or private property in the Borough unless the person or
persons walking the dog or dogs have with them appropriate equipment
to pick up and remove any fecal matter left by defecation by any dog
or dogs.
Failure to so carry the appropriate equipment shall subject such persons in violation thereof to those penalties which are recited in § 3-8 of the Revised Ordinances of the Borough of Cliffside Park.
[Ord. No. 7-95]
No more than three dogs of licensing age shall be owned, kept,
maintained, sheltered or harbored at any time in any residence or
dwelling or on its grounds or in any business establishment or on
its grounds. This restriction shall not apply to properly licensed
pet shops, kennels, shelters and pounds.
[Ord. No. 7-95]
No more than three cats of licensing age shall be owned, kept,
maintained, sheltered or harbored at any time in any residence or
dwelling or on its grounds or in any business establishment or on
its grounds. This restriction shall not apply to properly licensed
pet shops, kennels, shelters and pounds.
[Ord. No. 7-95]
No more than a total of five animals of any kind, excluding
fish, shall be owned, kept, maintained or harbored at any time in
any residence or dwelling or on its grounds or in any business establishment
or on its grounds. This restriction shall not apply to properly licensed
pet shops, kennels, shelters and pounds.
[Ord. No. 7-95]
If any subsection, clause, sentence or other part of this section
or the application thereof to any person or circumstance shall for
any reason be adjudged by a court of competent jurisdiction to be
invalid such judgment shall not affect, impair or invalidate the remainder
of the section.
[Ord. No. 7-95]
This section shall take effect immediately upon passage and
publication as required by law.
[New; Ord. No. 4-84]
For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the Borough where no specific
penalty is provided regarding the section violated, the maximum penalty,
upon conviction, shall be a fine not exceeding one thousand ($1,000.00)
dollars, or imprisonment for a period not exceeding 90 days, or both.
[New]
Except as otherwise provided, every day in which a violation
of any provision of this chapter or any other ordinance of the Borough
exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
The Borough Council may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding one hundred ($100.00) dollars. (N.J.S.A.
40:49-5)
[Ord. No. 15-74, S1]
No person shall detain or fail to return any book or article
borrowed from the free public library of the Borough of Cliffside
Park after 30 days has elapsed from date of posting by certified mail,
return receipt requested, of a notice demanding the return thereof
addressed to the person at the address furnished to the library.
[Ord. No. 15-74, S2]
No person shall cut, tear, deface, disfigure, damage or destroy
any book or any other library article or any part thereof which is
owned by, or is in the custody of the Borough free public library.
[Ord. No. 15-74, S3]
No person shall register or furnish a false name or address,
or use any card other than the one issued to the person for the purpose
of borrowing any book or article or material from such library.
[Ord. No. 15-74, S4]
No minor will be issued a library card by the Borough free public library unless the application is signed by one parent or guardian, the signature indicating the parent or guardian will be responsible for books or any other library articles borrowed by a minor as stated in Subsections 3-9.1, 3-9.2 and 3-9.3.
[Ord. No. 16-74, Pro.; Ord. No. 2009-01, S4]
There is a widespread shortage of paper and paper products and
the Cliffside Park public interest would best be served by requiring
mandatory separation of newspapers and magazines.
[Ord. No. 16-74, S1]
As used in this section:
a.
USED NEWSPAPER – Shall mean and include paper of the type commonly
referred to as newsprint and distributed at stated intervals, usually
daily or weekly, having printed thereon news and opinions and containing
advertisements and other matters of public interest.
b.
MAGAZINE – Shall mean all magazines or periodicals printed
on glossy stock or paper of heavier quality than that commonly recognized
as newsprint.
c.
DWELLING UNIT – Shall mean a one-family home, two-family home,
multi-family home and apartments.
[Ord. No. 16-4, S2]
There is hereby established a program for the collection of
newspapers and magazines within the Borough.
[Ord. No. 16-74, S3]
All owners, lessees or occupants of dwelling units shall be
required from October 1, 1974, to separate from their solid wastes
or trash all newspapers and magazines which shall be picked up and
disposed of separately by employees or such other persons or organizations
who may be duly authorized by the Borough, such separation shall be
in accordance with the following terms and conditions.
a.
All newspapers will be bundled with twine or other secure arrangements
to insure that they will not be capable of being wind blown or distributed
on the public streets, and provided further that the maximum weight
of any bundle does not exceed 30 pounds (approximately 12 inches high).
b.
All magazines will be bundled with twine or other secure arrangements
to insure that they will not be capable of being wind blown or distributed
on the public streets, and provided further that the maximum weight
of any bundle does not exceed 30 pounds (approximately 12 inches high).
c.
Bundles of newspapers and magazines as described in Subsection a and b above shall not remain, in the case of one or two family houses, at the house or garbage pick-up location for other refuse, but instead, shall be placed by the owner, lessee, or occupant at the curb on such days as are designated by the Borough, provided that if such designated day is a holiday then such newspapers or magazines shall be held over to the next designated day. In the case of other dwelling units, such as apartment houses, the owner or manager of the multi-dwelling units shall insure that a special place is designated for the storage of magazines and newspapers and all lessees of the dwelling units shall be required to separate such items and place same in the designated place as aforesaid: the owner or manager of the multi-dwelling units shall notify the Department of Public Works superintendent of the location of the area (which shall also be satisfactory to the Borough Fire Marshal) and the Department of Public Works, when called upon to do so by the manager of the multi-dwelling unit.
d.
Placement of bundles of newspapers or magazines shall not be made
at the curb prior to 7:00 a.m. of the date for pick-up nor later than
9:30 a.m. of the date of pick-up, this being necessary to avoid unsightly
appearance through the night, the threat of vandalism, removal of
such materials or problems created in pick-up because of rain or snow
during the even nearly morning hours.
[Ord. No. 16-74, S4]
Under emergency conditions the time and place for pick-up as otherwise prescribed in Subsection 3-10.4, may be varied by resolution of the Mayor and Council of the Borough with notice to the residents given by use of the Borough sound truck or other means of publication.
[Ord. No. 16-74, S5]
Collection from the curb side of such bundles of newspapers
and magazines shall be made by Borough employees or by any other duly
authorized persons or organizations or by contract for outside services
as directed by the Mayor and Council with primary administrative supervision
being under the control of the superintendent of the Department of
Public Works, subject to the approval of the Mayor and Council.
[Ord. No. 16-74, S6]
The superintendent of the Department of Public Works with the
approval of the Mayor and Council is authorized by bid or by contract
approved by the Mayor and Council, or to permit a designated charitable
or non-profit organization to pick-up the newspapers and magazines
as may be authorized and regulated by the Mayor and Council, subject
to the provisions of this section, to sell and deliver the newspapers
and magazines so collected in order to obtain the best possible price
therefor depending upon market conditions at the time of sale.
[Ord. No. 16-74, S7]
Nothing in this section shall be deemed to prohibit any owner,
lessee or occupant from disposing of newspapers and magazines privately
through sale or gift of the person concerned provided, however, that
in no event shall such newspapers and magazines be left at the curb
for any private pick-up and further provided that in no event shall
any newspapers or magazines be disposed as part of the solid waste
pick-up by the Borough in accordance with the normal pick-up by the
Borough.
[Ord. No. 16-74, S8]
From the time of placement at the curb by any person of used newspapers and magazines for collection by the Borough, pursuant to the rules and regulations established hereunder, such used newspapers and magazines shall be and become the property of the Borough of Cliffside Park. It shall be a violation of this section for any person unauthorized by the superintendent of public works to collect or pick up any such used newspapers and magazines for any purpose whatsoever once same has been placed at the curb since private disposal thereof must be done in accordance with the terms of Subsection 3-10.8. Any and each such collection in violation hereof from one or more premises shall constitute a separate and distinct offense punishable as provided in the penalty clause in § 3-8.
[1]
Editor's Note: Former § 3-11, Signs on Business
Establishments, as amended, was repealed 7-10-2018 by Ord. No. 2018-04.
[Ord. No. 18-74, S3; Ord. No. 17-81, S3]
It is prohibited for any unattached trailer, camper, utility
or boat trailer or mobile home to be parked on any street in the Borough
at any time.
[Ord. No. 7-76, S1]
No person shall consume any alcoholic beverage within the confines
of the Borough or have in his possession any open containers which
contain an alcoholic beverage:
a.
In or upon any public street or any public property, place, or conveyance.
b.
In any motor vehicle on any public street or any other public place
or property.
c.
Upon any private property without the permission of the owner or
such other person who may have the authority to grant such permission.
[Ord. No. 7-76, S2]
No person shall discard any container, bottle, can, debris,
garbage or junk upon any public street, place or property or upon
any private property without the permission of the owner, which permission
shall be subject to any other ordinances or laws effecting such disposition
of the aforementioned.
[Former Subsection 3-13.3, Intoxication, was repealed 3-20-2023 by Ord. No. 2023-04. Prior history includes Ord. No. 7-76, S3.]
[Ord. No. 7-76, S4]
No person shall annoy, disturb, molest or block free passage
of any person on any public street, place, property or conveyance;
nor shall any person utter any language of an immoral, profane or
vile nature to any other person in the aforementioned places.
[Ord. No. 7-76, S5]
Nothing contained in this ordinance shall prohibit the use of
public places or property for the possession or consumption of alcoholic
beverages when such permission is obtained from the Mayor and Council
of the Borough or such other persons to whom such authority has been
granted by the Mayor and Council.
[Ord. N. 7-76, S6]
Any person who shall violate the provisions of the ordinance
shall upon conviction be subject to a fine of not more than one hundred
($100.00) dollars or to be imprisoned for not more than ten days or
both.
[Ord. No. 9-78, S1]
It shall be unlawful for any person:
a.
To cast, throw, or spill any dirt, sand, ashes, gravel, brick, stones,
waste paper, trash, garbage, or other similar loose material on any
road in the Borough.
b.
To mix any dry or wet concrete, cement or plaster of any kind or
description upon the surface of any road in the Borough.
c.
To spill any turpentine, kerosene, gasoline, petroleum, lubricating
oil, or other highly inflammable oils or their volatile products,
or to allow any of such fluids to escape upon the surface of any road
in the Borough, or to operate any tank trucks or other vehicles from
which any of such fluids are permitted to escape.
d.
To flush or cause to be drained or pumped to the surface of any road
in the Borough any waste water or fluid of any kind.
e.
To place or cause to be placed on any road in the Borough any permanent
or temporary obstruction of whatever kind.
f.
To burn leaves or any other material on any road in the Borough.
g.
To throw snow or ice on the traveled portion of any road in the Borough
after the road has been plowed.
[Ord. No. 9-78, S2, 3]
a.
Any person erecting a residential, business or industrial structure
on lands abutting on any road in the Borough shall provide adequate
drainage facilities, to be approved by the Borough Engineer and the
Department of Public Works, so as to prevent surface and other waters
from flowing from the buildings and improvements on such lands to
any road in the Borough.
b.
Any person changing the contour of any land adjacent to any road
in the Borough in such manner as would cause an increased or concentrated
flow of surface water to run from such land to such road in the Borough
shall provide adequate drainage facilities, approved by the Borough
Engineer or the Department of Public Works, so as to prevent such
surface water from flowing upon such Borough road.
[Ord. 9-78, S4]
No person shall alter the surface of any land immediately adjacent
to the paved portion of any road in the Borough or establish any curbline
in front of any property abutting on any road in the Borough without
previously securing the approval of the Mayor and Council. As a condition
to such approval the applicant shall be required to pave the widened
portion in conformity with specifications prescribed by the Borough
Engineer and the Department of Public Works.
[Ord. 9-78, S5]
The superintendent of the Department of Public Works shall have
power to compel the removal of any obstruction placed on an Borough
road in violation hereof.
[Ord. 9-78, S6]
The word person as used herein shall include any individual,
partner, or member of any partnership or association, and the officers,
agents, or employees of any corporation who are responsible for any
violation of any of the provisions hereof.
[Ord. 9-78, S7]
The superintendent of the Department of Public Works and the
police department are each independently charged with the enforcement
of all of the provisions of these regulations.
[Ord. 9-78, S8]
This section is adopted by the Mayor and Council for the purpose
of keeping Borough roads in repair, safe and convenient for travel
during all seasons of the year.
[Ord. 9-78, S9]
Each person violating any of the provisions of this section
shall, upon conviction thereof, forfeit and pay a fine not exceeding
two hundred ($200.00) dollars or imprisonment in the county jail not
exceeding 90 days or both; and a judge or magistrate before whom any
such person, may be brought, may impose such punishment by fine or
imprisonment in the county jail as he may see fit, not exceeding the
maximum herein fixed. Each day any such violation shall be continued
shall constitute a separate and distinct offense, and conviction shall
not excuse the violation or permit it to continue.
[Ord. No. 22-78, SI]
It shall be unlawful for any person in the Borough to operate
a tattoo establishment or engage in the practice or business of tattooing,
as a tattoo operator or as a tattoo artist, except that tattooing
may be performed for medical purposes under the direct supervision
of a person licensed to practice medicine in this State.
[Ord. No. 22-78, SII]
Any person, firm or corporation violating the provisions of
this section shall, upon conviction, be subject to a fine not exceeding
two hundred ($200.00) dollars, or imprisonment not exceeding ten days,
or both. Each day's operation in violation of this section shall constitute
a separate violation. Each act of tattooing shall constitute a violation.
Whereas, Lois Esperian has been permitted to continue her business
in the Borough of Cliffside Park subject to reasonable regulations;
and there shall be only one tattoo artist, the said Lois Esperian,
licensed to operate in the Borough of Cliffside Park.
[Ord. No. 9-79, S1]
Wherever in this section the following words appear, they shall
have the following meaning respectively:
a.
ADEQUATE, APPROVED, EQUIVALENT, SUFFICIENT, THOROUGHLY, PROPER –
Shall mean reasonably and sufficiently health conserving in the considered
opinion of the board.
b.
BOARD – Shall mean the Board of Health or its duly authorized
agent, officer or inspector.
c.
CERTIFICATE OF SANITATION – Shall mean a certificate issued
to the owner or proprietor of a tattooing shop under the provisions
of this section.
d.
LICENSE – Shall mean a license issued to a tattoo artist under
the provisions of this section.
e.
TATTOO, TATTOOING – Shall mean to mark or color the skin by
pricking in by subcutaneous introduction, non-toxic dyes or pigments
so as to form indelible marks or figures or by production of scars.
f.
TATTOO ARTIST – Shall mean one who engages in tattooing.
g.
TATTOO ATTENDANT – Shall mean one who assists the tattoo artist,
but who does not tattoo.
h.
TATTOO SHOP, TATTOOING SHOP – Shall mean the premises where
Lois Esperian does tattooing for a fee or other consideration.
[Ord. No. 9-79, S2]
No person, except a duly licensed physician, shall engage in
the practice of tattooing except under a valid and effective license
therefor issued by the Board of Health, which shall consist of one
license only to be issued to Lois Esperian, by virtue of a final judgment
of the Superior Court of New Jersey, Law Division, Bergen County,
Docket No. L-5435-78 PW, as ordered by the Honorable Harvey Smith,
Judge, Superior Court, State of New Jersey.
[Ord. No. 9-79, S3]
a.
If Lois Esperian desires to engage in tattooing she shall submit
an application to the Board of Health in the form prescribed by the
board. The said applicant, Lois Esperian, shall be required to show
knowledge of the provisions of this ordinance, including knowledge
of bacteriology and aseptic technique to assure that infection and
contagious disease shall not be spread by tattooing practices. No
license shall be issued, or renewed, or reissued unless the applicant,
Lois Esperian, has taken a physical examination reported on a form
prescribed by the Board of Health which shall include an x-ray of
the chest and a blood test for syphilis. Records of all such examinations
shall be kept on file by the holder of the certificate of sanitation
for the tattoo shop in which the said Lois Esperian works and to whom
the license may be issued subject to all other provisions of this
ordinance.
b.
A fee of five hundred ($500.00) dollars cash shall be required of
Lois Esperian for her initial license. A fee of five hundred ($500.00)
dollars shall be required for the renewal of a license. (January 1st
through December 30th).
c.
In the event of failure to qualify for a license the fee shall be
refunded to the applicant.
[Ord. No. 9-79, S4]
a.
No person, partnership, firm or corporation shall operate a tattooing
shop except Lois Esperian, who shall be required to register such
shop with the Board of Health and has received a certificate of sanitation
from the board. No certificate of sanitation shall be issued or renewed
unless the shop has been inspected by the Board of Health and found
to be in compliance with the requirements of this section.
In the event of failure to qualify for a certificate of sanitation,
the fee shall be refunded to the applicant.
The tattoo shop shall be located and restricted to those areas
of the Borough zoned for business and/or industrial use.
[Ord. No. 9-79, S5]
All licenses shall expire on the 31st day of December of each
year. Application for the renewal of a license or of a certificate
of sanitation must be presented to the Board of Health in writing
within thirty days before January 1st.
[Ord. No. 9-79, S6]
After due notice and hearing the board may suspend or revoke
any license or certificate of sanitation issued under this section
for violation of the provisions of the section.
[Ord. No. 9-79, S7]
The following requirements for a tattooing shop must be complied
with in order to qualify for and hold a certificate of sanitation:
a.
The shop shall be so located or constructed as to prevent the contamination
of the work areas of the shop by dust from the street or sidewalk.
b.
The shop shall be maintained in a sanitary condition.
c.
All walls, ceilings and floors shall be smooth and easily cleaned.
Walls and ceilings are to be painted a light color. Walls, ceilings
and floors shall be kept clean and free from dust and debris. The
floor shall be swept and wet-mopped daily. Floors, walls or ceilings
shall not be swept or cleaned while tattooing is in operation.
d.
Adequate light and ventilation must be provided.
e.
Each tattooing shop shall contain a sink for the exclusive use of
the tattoo artist to wash her hands and prepare the customers for
tattooing. The sink shall be provided with adequate hot and cold running
water. There shall also be available at the sink, approved soap, clean
individual towels and refuse containers which shall be covered.
f.
Adequate toilet, urinal and hand-washing facilities shall be available
on the shop premises for the use of customers and the tattoo artist
and attendants. Toilets, urinals and hand-washing facilities shall
be maintained in a sanitary condition at all times.
g.
An adequate number of work tables shall be provided for the tattoo
artist to perform her functions in a safe and sanitary condition.
The surface of all work tables shall be constructed of metal or other
material which shall be smooth, light-colored, non-absorbent, corrosive-resistant
and easily sanitized.
h.
The shop shall be so arranged that work tables will be located at
least ten feet from observers or waiting customers, or such work tables
shall be separated from observers or waiting customers by a panel
or other barrier at least six feet high. The panel may be constructed
of glass, solid plastic or similar material, as may be approved by
the Board of Health.
i.
Proper and closed cabinets are to be maintained for the exclusive
storage of instruments, dyes, pigments, carbon, stencils, and other
paraphernalia and materials which are to be used in the shop by the
tattoo artist.
j.
The tattooing shop shall have proper facilities for the disposition
of waste materials.
k.
The tattoo artist shall be provided and have accessible individual
hand brushes and fingernail files.
l.
The holder of any certificate of sanitation pursuant to this ordinance
may not employ any tattoo artist except Lois Esperian upon the licensed
premises, provided that said Lois Esperian satisfies the provisions
of this ordinance.
m.
The holder of a certificate of sanitation and the tattoo artist,
the said Lois Esperian, shall maintain proper records for each person
who is to be or has been tattooed on the premises. A record of each
person shall include the date on which he was tattooed, his name and
his signature, address, age, the design of the tattoo and its location
on the person's body, his or her branch of military service, rate
or rank and serial number if in the Armed Services, and the name of
the tattoo artist who tattooed him. These records shall be entered
in ink or indelible pencil, in a bound book kept solely for this purpose.
This book shall be available at all hours that the place of tattooing
is open for business, and shall be available for examination by the
Board of Health representative duly authorized to inspect such records,
and any law enforcement officer who shall have reasonable grounds
to ask for and to review said records, and these records shall be
preserved for at least five years from the date of the last entry
therein.
n.
No tattoo may be performed on any person under the age of 18 years.
o.
No other occupation, business, enterprise or profession shall be
permitted in a tattoo shop except that of tattooing.
[Ord. No. 9-79, S8]
The tattoo artist will use standards of aseptic technique in
tattooing, dressing and other operations that are approved by the
board. He will use only such germicides and dressings as are approved
by the board. All instruments, needles, pigments, and nail files used
by the tattoo artist while tattooing shall be sterile. The following
minimum standards shall be observed at all times:
a.
No person, except a duly licensed physician, shall practice tattooing
in any place other than a tattooing shop for which a certificate of
sanitation has been issued.
b.
It shall be unlawful to perform any tattooing on an individual who
is under the influence of intoxicating liquor, or drugs or appears
to be incoherent.
c.
No person with any disease in a communicable form or suspected of
having such disease shall engage in tattooing. Such diseases may include
but shall not be limited to influenza, tuberculosis, impetigo, syphilis,
chickenpox, measles (rubeola), German measles (rubella), mumps, whooping
cough, hepatitis, infection on hands or arms, sore throat, or jaundice
of the skin. The board may require a certificate signed by a duly
licensed physician stating that the said person is free from communicable
diseases before permission to resume operation is granted.
d.
Immediately after tattooing a patron the tattoo artist shall advise
the patron on the care of the tattoo and shall instruct the patron
to consult a physician at the first sign of infection of the tattoo.
e.
Each tattoo artist must wear a clean outer garment.
f.
Each tattoo artist shall have an individual fingernail file and individual
handbrush which shall be clean. Germicidal solutions used to sterilize
shall be changed weekly and the container thoroughly cleansed.
g.
Before working on each patron each tattoo artist shall clean his
fingernails with his individual nail file and shall thoroughly wash
and scrub his hands with hot running water, an approved soap and his
individual handbrush.
h.
That portion of the patron's skin to be tattooed shall be prepared
by washing with hot water and approved soap; by shaving with a clean
razor, said razor to be immersed in a germicidal solution prior to
each use; and shaving shall be followed by thorough cleansing with
water and approved soap applied with a clean material. A sterile handbrush
shall be used, if necessary, to produce a clean skin area.
i.
Following the cleansing of the patron's skin, the tattoo artist shall
again wash and scrub his hands in the manner prescribed above. He
shall allow his hands to dry without the use of towel or other mechanical
means. Before placing the design on the patron's skin, the tattoo
artist shall treat the skin area with 70 percent alcohol or other
approved germicidal solution which shall be applied with a clean material.
j.
Only petroleum jelly, United States Pharmacopoeia or National Formulary,
shall be applied to the area to be tattooed and it shall be in collapsible
metal or plastic tubes. The application may be spread by the use of
clean tissue or gauze, but not directly with the fingers.
k.
The stencil for transferring the design to the skin shall be thoroughly
cleansed and rinsed.
l.
In preparing non-toxic dyes or pigments, only non-toxic or sterile
material shall be used. Single-service or individual portions of dyes
or pigments in clean sterilized individual containers or single-service
containers must be used for each patron. After tattooing, the remaining
unused dye or pigments used in tattooing shall be from batches certified
under the provisions of the Federal Drug and Cosmetic Law.
m.
A set of individual, single-service sterilized needles shall be used
for each new patron. Following sterilization, needles shall be shaken
dry, and, if not immediately used, stored in chlorophenal or benzall
and placed in a sterile, dust-tight container. The open end of the
needle tube of the tattooing machine shall be cleaned and sterilized
in an approved manner before each use. Not less than ten sets of sterilized
needles and tubes or tips must be on hand for the entire day or night
operation. Sterilization shall be done by one of the following methods:
n.
As the tattoo operation progresses, any excess dye or pigment applied
to the skin shall be removed with clean gauze or other materials.
o.
The completed tattoo shall have the excess dye or pigment removed
with clean gauze or other material. It shall then be washed with a
piece of clean gauze or other material saturated with an approved
germicidal anti-bacterial solution, such as bacitracin.
p.
Storage cabinets shall be maintained in a sanitary condition and
all instruments, dyes, pigments, stencils and other paraphernalia
shall, when not being used, be kept in them in an orderly arrangement.
q.
Work tables shall be kept clean and orderly.
r.
No tattooing operation shall be carried out closer than ten feet from observers or waiting customers unless such operation is separated from observers or waiting customers by a panel or other barrier as provided for by § 3-16.7h.
s.
No person, except a duly licensed physician, shall engage in the
practice of removing any tattoo.
t.
Each tattoo shop shall be required to have, in operating and functional
working order, upon the premises of the shop, what is commonly known
as an autoclave or other comparable, sterilizing as approved by the
board.
[Ord. No. 9-79, S9]
a.
The tattoo shop shall be closed all day on Sunday, and on the following
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas.
b.
The tattoo shop may be open six days of each week from 10:00 a.m.
to 9:00 p.m. of each day. On one day per week, which day shall be
selected by the owner of the shop, said shop may be open from 9:00
a.m. to 10:00 p.m.
c.
No customer or patron shall be serviced within or permitted to enter
for the purpose of such servicing, the tattoo shop before or after
the permissible hours designated in these regulations or on any days
on which the premises are required to be closed pursuant thereto.
[Ord. No. 9-79, S10]
The owner, lessee or tenant occupying or renting said tattoo
premises shall be required to have in force a policy of liability
insurance with bodily injury limits of $50,000.00 per person. Proof
of insurance shall be furnished to the Board of Health.
[Ord. No. 9-79, S11]
The tattoo artist shall have displayed in a prominent place
available for anyone who wishes to be tattooed, the name, address
and telephone number of a licensed physician located within five miles
of the tattoo shop who may be called to the tattoo shop or visited
by any person who sustains an unfavorable, unhealthy or adverse reaction
or effect from the application of tattooing to said person's body.
The tattoo artist shall also have prominently displayed and
have available for immediate reference, the telephone number of the
Cliffside Park Police and Fire Department so that an ambulance may
be called to the premises immediately upon the indication of such
need.
[Ord. No. 9-79, S12]
a.
Any person who shall knowingly or wilfully make any false statements
to the Board of Health relative to any matter described in this ordinance,
or who shall violate any provisions of this ordinance shall be punished
by a fine of not more than one thousand ($1,000.00) dollars or imprisonment
for not more than 30 days, or both.
b.
Any person convicted under this section shall have his license or
certificate of sanitation suspended for one year.
[Ord. No. 9-79, S13]
It shall be unlawful for the tattoo artist or the holder of
certificate of sanitation to display any neon sign or hanging sign
protruding out from the building proper, and the only sign that shall
be permitted is a sign on the exterior of the tattoo shop which may
only contain the following:
a.
The words "Tattoo Shop" or "Tattoo Artist."
b.
The hours of operation and the days that it is open for business.
c.
The name of the tattoo artist.
d.
The size of the lettering of these words may not exceed 12 inches
in height.
|
If the tattoo shop is located in a store front window-type building,
the window area visible to the public must be maintained in a dignified
manner which shall be determined by the Board of Health officer but
such restrictions by the Board of Health officer shall not be unreasonable.
|
[Ord. No. 9-79, S14]
a.
Any person other than the tattoo artist who shall be employed by
the tattoo artist and who works on the premises with the tattoo artist,
shall be required to present a physician's report indicating that
the applicant to have had an attendant's certification or license
must have passed a physical examination reported on a form prescribed
by the board which shall include an x-ray of the chest, and a blood
test for syphilis. Records of all such examinations shall be kept
on file by the holder of the certificate of sanitation for the tattoo
shop for which the person to whom the attendant license is issued,
and to be employed.
b.
A fee of fifty ($50.00) dollars cash is to be required of each applicant
for an attendant's license. A fee of fifty ($50.00) dollars shall
be required of each applicant for the renewal of a license.
c.
In the event of failure to qualify for an attendant's certificate
the fee shall be refunded to the applicant.
[Ord. No. 9-79, S15]
Should any section, paragraph, sentence, clause, phrase or application
of this ordinance be declared unconstitutional or invalid for any
reason, the remainder or any other portions of said chapter shall
not be affected thereby and shall remain in force.
[Ord. No. 9-79, S15]
All ordinances or parts of ordinances inconsistent herewith
are hereby replaced as to such inconsistency only.
[Ord. No. 32-80, S1]
As used in this section, "drug paraphernalia" means all equipment,
products and materials of any kind which are used, intended for use,
or designed for use, in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled dangerous substance in violation
of the provisions of the act to which this section is a supplement.
It shall include but not be limited to:
a.
Kits used, intended for use, or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is
a controlled dangerous substance or from which a controlled dangerous
substance can be derived;
b.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
dangerous substances;
c.
Isomerization devices used, intended for use, or designed for use
in increasing the potency of any species of plant which is a controlled
dangerous substance;
d.
Testing equipment used, intended for use or designed for use in indentifying,
or in analyzing the strength, effectiveness or purity of controlled
dangerous substances;
e.
Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled dangerous substances;
f.
Dilutents and adulterants, such as quinine hydrochloride, mannitolmannite,
dextrose and lactose, used, intended for use, or designed for use
in cutting controlled dangerous substances;
g.
Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from or in otherwise cleaning or refining
marijuana;
h.
Blenders, bowls, containers, spoons and mixing devices used, intended
for use, or designed for use in compounding controlled dangerous substances;
i.
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
dangerous substances;
j.
Containers and other objects used in controlled dangerous substances;
k.
Hypodermic syringes, needles and other objects used, intended for
use, or designed for use in parenterally injecting controlled dangerous
substances into the human body;
l.
Objects used, intended for use, or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
1.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured
metal bowls;
2.
Water pipes;
3.
Carburetion tubes and devices;
4.
Smoking and carburetion masks;
5.
Roach clips, meaning objects used to hold burning material, such
as marijuana cigarettes that have become too small or too short to
be held in the hand;
6.
Miniature cocaine spoons and cocaine vials;
7.
Chamber pipes;
8.
Carburetor pipes;
9.
Electric pipes;
10.
Air-driven pipes;
11.
Chillums;
12.
Bongs;
13.
Ice pipes or chillers.
[Ord. No. 32-80, S1]
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant facts, the following:
a.
Statements by an owner or by anyone in control of the object concerning
its use;
b.
Prior convictions, if any, of an owner, or of anyone in control of
the object, under any State or Federal law relating to any controlled
dangerous substance;
c.
The proximity of the object, in time and space, to a direct violation
of this act;
d.
The proximity of the object to controlled dangerous substances;
e.
The existence of any residue of controlled dangerous substances on
the object.
f.
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the object, to deliver it to persons whom he
knows, or should reasonably know, intend to use the object to facilitate
a violation of this act; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this act shall
not prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
g.
Instructions, oral or written, provided with the object concerning
its use;
h.
Descriptive materials accompanying the object which explain or depict
its use;
i.
National and local advertising concerning its use;
j.
The manner in which the object is displayed for sale;
k.
Whether the owner, or anyone in control of the object is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
l.
Direct or circumstantial evidence of the ratio of sales of the objects
to the total sales of the business enterprise;
m.
The existence and scope of legitimate uses for the object in the
community; and
n.
Expert testimony concerning its use.
[Ord. No. 32-80, S2]
It shall be unlawful for any person to use or to possess with
intent to use, drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled dangerous
substance in violation of the provisions of the act to which this
section is a supplement.
[Ord. No. 32-80, S3]
It shall be unlawful for any person to distribute or dispense,
or possess with intent to distribute or dispense, or manufacture with
intent to distribute or dispense, drug paraphernalia, knowing or under
circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled dangerous substance in violation of the
provisions of the act to which this section is a supplement.
[Ord. No. 32-80, S4]
It shall be unlawful for any person to place in any newspaper,
magazine, handbill or other publication, any advertisement, knowing
or under the circumstances where one reasonably should know, that
the purpose of the advertisement in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia.
[Ord. No. 32-80, S5]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding five
hundred ($500.00) dollars or by imprisonment for a term not exceeding
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
[Ord. No. 32-80, S6]
If any word, phrase, section or part of this section shall be
determined by any court of competent jurisdiction to be invalid, or
unconstitutional, it is the intent of the governing body that the
remainder of this section shall be deemed severable and valid.
[Ord. No. 14-87]
All gasoline service stations are prohibited from being open
for business during the hours of 11:00 p.m. to 6:00 a.m. on any day,
in the interest of the health, welfare and protection of the residents
of the community.
[Ord. No. 14-87]
All bell signals or alert devices for vehicle access are to
be disconnected during the hours of 10:00 p.m. to 6:00 a.m.
[Ord. No. 14-87]
A violation of this section shall subject the violator to a
fine of two hundred fifty ($250.00) dollars a day per violation and
a jail sentence of ten days.
[Ord. No. 21-1957]
Excepting in the case of any emergency, no person shall park
or permit the parking of any vehicle on any of the streets of the
Borough of Cliffside Park for the purpose of making mechanical repairs
thereto.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 5-94.
[Ord. No. 2011-15]
The Mayor and Council of the Borough of Cliffside Park find
and declare that the effacing of public and private property by what
is commonly referred to as "graffiti" contributes to the degradation
and blight of neighborhoods and that graffiti constitutes a nuisance
which endangers the public health, safety and welfare. Left uncontrolled,
graffiti encourages additional graffiti and results in blighting conditions
and a reduction in property values. The Mayor and Council further
find and declare that the prompt removal of graffiti is the responsibility
of all property owners and that, in the event a property owner should
fail or refuse to remove graffiti, it is appropriate for the Borough
of Cliffside Park to abate such a nuisance and to recoup its expenses
by liening the real property if the property owner refuses to comply
with this section.
[Ord. No. 2011-15]
As used in this section, the following terms shall have the
meaning indicated:
a.
GRAFFITI – Shall mean any writing, drawing, marking, symbol
or the like placed upon any real or personal property, whether private
property or public property, by using paint, spray paint, aerosol
paint, markers, chalk, dyes or any other substance or method without
the consent or authorization of the owner of the property. "Graffiti"
shall not mean any words, letters, and symbols, logos or numbers which
are in compliance with the Borough's sign ordinance, or the occasional
and temporary marking of public streets or sidewalks with chalk for
traditional children's games.
b.
MINOR – Shall mean any person under the age of eighteen (18)
years.
c.
WIDE FELT-TIP MARKERS – Shall mean a marking pen or instrument
of which the surface used for writing or marking purposes is equal
to or greater than one-eighth (1/8) of an inch.
[Ord. No. 2011-15]
a.
No person shall write, draw, paint, print or place with ink, paint,
chalk or other substance, graffiti or other markings, whether obscene
or not and whether intended to offend or not, on the real or personal
property of another, whether such property is publicly or privately
owned, unless the owner of said property shall have, prior to the
drawing, writing, printing or placing of such markings, specifically
consented to the same and has obtained a sign permit from the Borough;
nor shall any person willfully or maliciously damage, deface or vandalize
the property of another by inscribing or placing graffiti or any other
markings on a public or private street, or on public or private property,
whether real or personal; provided, however, that nothing contained
herein shall prohibit the occasional temporary marking of public streets
or sidewalks with chalk for traditional children's games.
b.
No person shall knowingly sell or offer for sale to the general public
or transfer any spray paint or other pigmented substance in aerosol
or similar spray container, or any wide felt-tip marker, as defined
above, unless:
1.
A sign is exhibited, either where the product is displayed or where
it is paid for, warning that in the Borough of Cliffside Park a conviction
for the first offense any act of graffiti carries a minimum mandatory
fine of two hundred fifty ($250.00) dollars for the first offense
and a minimum mandatory twenty-day period of incarceration or community
service.
c.
No minor shall knowingly present or furnish false or fraudulent evidence
of their age to secure the purchase or transfer of any spray paint
container or indelible marker.
d.
It shall be unlawful for any person to possess a spray paint container,
liquid paint in cans, a wide felt-tip marker or any other pigmented
substance in an aerosol or similar spray container in any public building
or upon any public facility or private property with the intent to
use the same to deface said building, facility or property.
e.
A person who possesses a spray paint container, liquid paint in cans,
a wide felt-tip marker or any other pigmented substance in an aerosol
or similar spray container in any public building, or upon any public
facility or private property, with no legitimate or lawful purpose
therefor, shall be presumed to have possessed the same with the intention
of using such container, marker, can or paint to deface said building,
facility or property, the said presumption being rebuttable by the
possessor demonstrating a lawful, legitimate use for the container,
marker, can or paint.
f.
It shall be unlawful and deemed a violation of this section for any
parent, legal guardian or other person having custody or in the presence
of any minor child under the age of eighteen (18) years to assist,
aid, abet, allow, permit or encourage said minor to violate the provisions
of this section, as defined herein, either by words, overt act or
by failing to act or by lack of supervision and control over said
minor child.
[Ord. No. 2011-15]
a.
Owners of real property within the Borough of Cliffside Park shall
be required to remove graffiti from all building(s) and structure(s)
upon their property within seven (7) calendar days following discovery
thereof or within seven (7) calendar days of receipt of a notice from
the building department or any other agency of the Borough of Cliffside
Park served upon the owner, property manager or occupant of said premises,
whichever event shall first occur.
b.
If the property owner fails or refuses to remove the graffiti within
the seven (7) calendar day period, the Borough of Cliffside Park Administrator
shall direct his designee in conjunction with a uniformed police officer
to enter upon said property and remove the graffiti.
c.
The Borough and its agents shall be afforded legal protection per
N.J.S.A. 59:1 et seq. ("Title 59") if the real property is damaged
in the clean up process.
d.
The cost of abating the nuisance, removing such graffiti shall be
the responsibility of the property owner.
e.
The costs assessed against the property owner for the graffiti removal
process shall be the actual cost of labor and materials plus twenty-five
(25%) percent administrative and overhead costs.
f.
The property owner shall be given written itemized expense documentation
and directed to reimburse the Borough within fifteen (15) days of
receipt. If the property owner fails to comply with this subsection
of this section, the Borough Attorney, upon receipt of an affidavit
or certification of the respective department heads, may direct and
authorize the tax collector to lien the premises.
[Ord. No. 2011-15]
a.
Any person found guilty of violating any of the provisions of this
section shall be subject to the following penalties:
1.
First offense: Minimum mandatory fine of two hundred fifty ($250.00)
dollars, but not greater than two thousand ($2,000.00) dollars.
2.
Second offense: Minimum mandatory fine of five hundred ($500.00)
dollars, but not greater than three thousand ($3,000.00) dollars.
3.
Third and subsequent offenses: Minimum mandatory fine of one thousand
($1,000.00) dollars, but not greater than five thousand ($5,000.00)
dollars.
4.
All offenses carry the presumption of incarceration not to exceed
twenty (20) days per offense, excepting the first offense inclusive
of multiple summonses issued in conjunction with the first offense,
wherein the Magistrate, subject to his discretion, shall order not
less than twenty (20) days but not more than one hundred twenty (120)
days of community service.
5.
Each act of graffiti shall be deemed a separate offense for the purposes
of this section.
6.
In addition to any other penalty imposed by the Court, any person
convicted of a violation of this section may, at the discretion of
the Magistrate, be required to pay to the owner of the damaged property
monetary restitution in the amount of the pecuniary damage caused
by the act of graffiti or, as part of such person's community service,
to remove the graffiti from the property.
[Ord. No. 2011-15]
a.
All juvenile offenders shall be subject to the Attorney General's
directive No. 2005-4 entitled: "Attorney General Guidelines for station
house adjustment of juvenile delinquency offenses."
b.
Satisfaction of all monetary fines shall be the responsibility of
the parent or guardian of the convicted juvenile.
[Ord. No. 8-94, S1]
For purpose of this section, the following terms shall be defined
to mean:
a.
JUVENILE – Shall mean an individual who is under the age of
18 years.
b.
GUARDIAN – Shall mean a person other than a parent to whom
legal custody of the juvenile has been given by court order who is
acting in the place of the parent or who is responsible for the care
and welfare of the juvenile.
c.
PUBLIC PLACE – Shall mean any place to which the public has
access including but not limited to a public street, road, thoroughfare,
sidewalk, bridge, alley, plaza, park, recreation, athletic or shopping
area, public transportation facility, vehicle used for public transportation,
parking lot or any other public building, structures or area.
[Ord. No. 8-94, S2]
It shall be unlawful for juveniles to be in any public place
between the hours of 11:00 p.m. and 6:00 a.m. unless accompanied by
a parent or guardian. This prohibition does not apply if said juvenile
is:
a.
Engaged in, or traveling to or from, a business or occupation which
the laws of the State of New Jersey authorize a juvenile to perform;
b.
Engaged in an errand involving a medical emergency;
c.
Attending religious services, extracurricular school activities,
activities sponsored by a religious or community organization or other
cultural, educational or social events or is in direct transit to
or from such events.
[Ord. No. 8-94, S3]
It shall be unlawful for any parent or guardian to permit, suffer
or allow any juvenile in his or her care to be in any public place
between the hours of 11:00 p.m. and 6:00 a.m.
[Ord. No. 8-94, S4]
Any person found guilty of having violated Subsections 3-21.2 or 3-21.3 of this section shall perform community service and may be subject to a fine of no more than one thousand ($1,000.00) dollars and if parents or guardians as well as a juvenile are found guilty of violating this section, the parents or guardians shall perform community service together with the juvenile. The period of community service will not exceed 90 days.
[Ord. No. 14-94, S1]
As used in this section, the following definitions shall apply:
a.
CONVICTED OFFENDER – Shall mean any person who has been convicted
of a violation of the following statutes: N.J.S.A. 2C:14-2, N.J.S.A.
2C:14-3, and N.J.S.A. 2C:14-4, where the victim of said crime was
a person under the age of 18.
b.
PERMANENT RESIDENT – Shall mean any person who resides within
the Borough of Cliffside Park for more than 30 days in any one year.
[Ord. No. 14-94, S2]
a.
Any convicted offender who becomes a permanent resident of the Borough
of Cliffside Park shall upon obtaining permanent residence status
as defined in this section register at the Cliffside Park Police Department.
At the time of registration, the following information shall be supplied
by the convicted offender:
1.
Name and social security number;
2.
Street address;
3.
Driver's license number;
4.
Make, model and license plate number of any motor vehicle owned or
used;
5.
Nature of each and every offense committed;
6.
Date of each offense and date of each conviction;
7.
Date of release from custody;
8.
Prosecuting agency for each offense;
9.
Age of victim for each offense.
[Ord. No. 14-94, S3]
The chief of police shall maintain a registry of convicted offenders containing the information required in Subsection 3-22.2 of this section in alphabetical order by street name, which registry shall be available at all times for inspection by any person. A copy of the registry shall also be forwarded by the chief of police to the Cliffside Park Board of Education. In addition to the above registration with the police department, the surrounding neighbors in the location where the convicted offender is residing are to be advised of said person's presence and in addition, a public notice shall be placed in the newspapers circulating in the Borough of Cliffside Park.
[Ord. No. 14-94, S4]
Unless otherwise provided by law, statute or ordinance, any
person charged with violating any of the provisions of this section
shall, upon conviction thereof, pay a fine of not less than one hundred
($100.00) dollars nor more than one thousand ($1,000.00) dollars and
be subject to imprisonment for any term not exceeding 90 days, or
both.
[Ord. No. 2-95, SI]
Picketing or demonstrations directed at specific homes, residences
or dwellings causes emotional distress and psychological trauma to
the occupants of the home. Further, the goal of such picketing is
to harass the occupants of the targeted residence. As a result of
such demonstrations, the occupants are rendered virtual prisoners
in their own dwellings which impedes and disrupts the free use of
public sidewalks and public streets.
It is incumbent upon the governing body of Cliffside Park to
protect the residential privacy of its inhabitants and to preserve
the home. It is important that residents of Cliffside Park enjoy their
homes in peace and tranquility, without fear of harassment. It is
equally important that the public sidewalks and streets in Cliffside
Park remain unobstructed.
[Ord. No. 2-95, SII]
No person shall demonstrate or picket before or about the home,
residence or dwelling of any individual in the Borough of Cliffside
Park.
[Ord. No. 2-95, SIII]
Any and all violations of this section shall be punishable as provided in § 3-8.
[Ord. No. 2-95, SIV]
All provisions of this section are severable. If, for any reason,
any provision of this section is held to be invalid, the validity
of the remainder of the section shall not be affected.
[Ord. No. 6-98 SI; Ord.
2013-02 SI]
The following maps be and the same are hereby approved as an
official finding and record of the location and boundaries of the
area or areas thereon; specifically within 1,000 foot radius from
schools and 500 foot radius from public housing facilities, public
parks or public buildings.
a.
Map entitled "1,000 Foot Radius Map for School Properties Drug Free/DUI
Free Zone Map for Borough of Cliffside Park, Bergen County, New Jersey,"
prepared by Boswell McClave Engineering, South Hackensack, New Jersey
dated October 26, 2012, and any supplements or amendments thereto.
b.
"500 Foot Radius Map for Public Properties Drug Free/DUI Free Zone
Map for Borough of Cliffside Park, Bergen County, New Jersey," prepared
by Boswell McClave Engineering, South Hackensack, New Jersey, dated
October 26, 2012, and any supplements or amendments thereto.
[Ord. No. 6-98 SII; Ord. No. 2013-02 SII]
The foregoing maps are approved pursuant to the provisions of
N.J.S.A. 2C:35-7 and N.J.S.A. 2C35-7.1.
[Ord. No. 6-98 SIII; Ord. No. 2013-02 SIII]
The maps hereby approved may be amended from time to time by
the Mayor and Council of the Borough.
[Ord. No. 6-98 SIV; Ord. No. 2013-02 SIV]
The original of the foregoing maps approved or revised pursuant
to hereto or a true copy thereof shall be filed with the clerk of
the Borough and shall be maintained as an official record of the Borough.
[Ord. No. 6-2003, SI]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean talking into or listening on a hand-held mobile
telephone, but shall not include holding a mobile telephone to activate,
deactivate or initiate a function of such telephone.
Shall mean a mobile telephone that has an internal feature
or function, or that is equipped with an attachment or addition, whether
or not permanently part of such mobile telephone, by which a user
engages in a call without the use of either hand, whether or not the
use of either hand is necessary to activate, deactivate or initiate
a function of such telephone.
Shall mean the distance that permits the operator of a mobile
telephone to hear telecommunications transmitted over such mobile
telephone, but shall not require physical contact with such operator's
ear.
Shall mean the device used by subscribers and other users
of wireless telephone service to access such service.
Shall mean holding a mobile telephone to, or in the immediate
proximity of, the user's ear.
Shall mean two-way real time voice telecommunications service
that is interconnected to a public switched telephone network and
is provided by a commercial mobile radio service.
[Ord. No. 6-2003, SII]
a.
Except as otherwise provided in this section, no person shall operate
a motor vehicle upon a public street or highway while using a mobile
telephone to engage in a call while such vehicle is in motion.
b.
An operator of a motor vehicle who holds a mobile telephone to, or
in the immediate proximity of his or her ear while such vehicle is
in motion is presumed to be engaging in a call within the meaning
of this section. The presumption established by this subsection is
rebuttable by evidence tending to show that the operator was not engaged
in a call.
c.
The provisions of this section shall not be construed as authorizing
the seizure or forfeiture of a mobile telephone, unless otherwise
provided by law.
[Ord. No. 6-2003, SIII]
a.
1.
The use of a mobile telephone for the sole purpose of communicating
with any of the following regarding an emergency situation: an emergency
response operator; a hospital, physician's office or health clinic;
an ambulance company or corps; a fire department, district or company;
or a police department.
2.
Any of the following persons while in the performance of their official
duties: a police officer or peace officer; a member of a fire department,
district or company; or the operator of an authorized emergency vehicle.
3.
The use of a hands-free mobile telephone.
[Ord. No. 6-2003, SIV]
A violation of this section shall be punishable by a fine not
to exceed two hundred fifty ($250.00) dollars.
[1]
Editor's Note: Prior ordinance history: Ordinance No. 1-05.
[Ord. No. 2012-11]
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco or any other matter
that can be smoked.
[Ord. No. 2012-11]
No person shall smoke within the boundary of any public parks,
playgrounds, ball fields, and similar property that is owned or otherwise
possessed or under the control of the Borough of Cliffside Park or
the Cliffside Park Board of Education, 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, which have been designated with no-smoking signs.
Public property includes the Municipal Complex as well as the Free
Public Library.
[Ord. No. 2012-11]
A sign shall be clearly, sufficiently and conspicuously posted
at every property where smoking is prohibited by this section. The
sign(s) shall state "Smoke Free Zone" or "This Public Property is
100% Smoke Free" or substantially similar language, written in lettering
that is not less than two inches in height, and shall contain the
international no smoking sign or symbol.
[Ord. No. 2012-11]
This section shall be enforced by the Borough of Cliffside Park
Police Chief, Fire Officials, Health Officer, Recreation Coordinator
and/or Director of Public Works and/or their designees.
[Ord. No. 2012-11]
Any person observed to be in violation of the provisions of
this section shall be issued a court summons and may be subject, at
the discretion of the court, to the following penalties:
a.
A fine of not less than fifty ($50.00) dollars but not exceeding
one hundred fifty ($150.00) dollars for the first violation;
b.
A fine of not less than one hundred fifty ($150.00) dollars but not
exceeding three hundred ($300.00) dollars for the second violation,
plus community service of not less than two days not greater than
ten days;
c.
A fine of not less than three hundred ($300.00) dollars but not exceeding
five hundred ($500.00) dollars for the third and subsequent violation,
plus community service not less than ten days not greater than 30
days.
[Ord. No. 7-2005, SI]
The purpose of this section is to establish requirements to
control littering in the Borough of Cliffside Park so as to protect
public health, safety and welfare and to prescribe penalties for the
failure to comply is hereby enacted.
[Ord. No. 7-2005, SII]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a.
LITTER – Shall mean any used or unconsumed substance or waste
material which has been discarded, whether made of aluminum, glass,
plastic, rubber, paper or other natural or synthetic material, or
any combination thereof, including but not limited to, any bottle,
jar or can, or any top, cap or detachable tab of any bottle, jar or
can, any unlighted cigarette, cigar, match or any flaming or glowing
material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, 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, saw milling, farming or manufacturing.
b.
LITTER RECEPTACLE – Shall mean a container suitable for the
depositing of litter.
c.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State, subject
to municipal jurisdiction.
[Ord. No. 7-2005, SIII]
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 receptacle, 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 in violation of this section, the operator or owner, or
both, of the motor vehicle shall also be deemed to have violated this
section.
[Ord. No. 7-2005, SIV]
This section shall be enforced by the Cliffside Park Police
Department and/or Health Department.
[Ord. No. 7-2005, SV]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to (i) a fine not to exceed one thousand
($1,000.00) dollars; or (ii) imprisonment for a period not to exceed
90 days; or (iii) both.
[Ord. No. 9-2005, SI]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Cliffside Park so as to protect public health, safety
and welfare and to prescribe penalties for failure to comply is hereby
enacted.
[Ord. No. 9-2005, SII]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a.
FEED – Shall mean to give, place, expose, deposit, distribute
or scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
b.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c.
WILDLIFE – Shall mean all animals that are neither human nor
domesticated.
[Ord. No. 9-2005, SIII]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Cliffside Park, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation centers or unconfined wildlife at environmental
education centers).
[Ord. No. 9-2005, SIV]
[Ord. No. 9-2005, SV]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to (i) a fine not to exceed one thousand
($1,000.00) dollars; or (ii) imprisonment for a period not to exceed
90 days; or (iii) both.
[Ord. No. 8-2005, SI]
The purpose of this section is to prohibit the spilling, dumping
or disposal of materials other than stormwater into the municipal
separate storm sewer system (MS4) operated by the Borough of Cliffside
Park so as to protect public health, safety and welfare and to prescribe
penalties for the failure to comply is hereby enacted.
[Ord. No. 8-2005, SII]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) – Shall mean a
conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels or storm drains) that is owned or operated by the
Borough of Cliffside Park or other public body and is designed and
used for collecting and conveying stormwater. Note: MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
b.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
c.
STORMWATER – Shall mean water resulting from precipitation
(including rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities or is conveyed by snow removal equipment.
[Ord. No. 8-2005, SIII]
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Cliffside Park is prohibited. The spilling, dumping or disposal
of materials other than stormwater in such a manner as to cause the
discharge of pollutants to the municipal separate storm sewer system
is also prohibited.
[Ord. No. 8-2005, SIV]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded; and
3.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. No. 8-2005, SV]
This section shall be enforced by the Cliffside Park Police
Department, Building Department and/or Health Department.
[Ord. No. 8-2005, SVI]
Any person(s) who continues to be in violation of the provisions
of this section, after being duly notified, shall be subject to (i)
a fine not to exceed one thousand ($1,000.00) dollars or (ii) imprisonment
for a period not to exceed 90 days; or (iii) both.
[Ord. No. 2007-03, SI]
a.
It is unlawful for any person under the legal age, who, without legal
authority, knowingly possesses, or knowingly consumes an alcoholic
beverage on private property.
b.
The prohibitions described herein shall not prohibit an underage
person from consuming or possessing an alcoholic beverage in connection
with a religious observance, ceremony, or rite, or 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 consume alcoholic beverages.
c.
As used in this section, "guardian" means a person who has qualified
as a guardian of the underage person pursuant to a testamentary or
court appointment, and "relative" means the underage person's grandparent,
aunt or uncle, sibling, or any other person related by blood or affinity.
d.
Nothing contained in this section shall prohibit possession of alcoholic
beverages by any such underage person while actually engaged in the
performance of employment by a person who is licensed under Title
33 of the Revised Statutes of the State of New Jersey, or while actively
engaged in preparation of food while enrolled in a culinary arts or
hotel management program at a county vocational school, or post secondary
educational institution; however, nothing in this section shall be
construed to preclude the imposition of penalty under this section.
R.S. 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. 2007-03, SII]
a.
Violation of this section shall be punished by a fine of three hundred
fifty ($350.00) dollars for a first offense and five hundred ($500.00)
dollars for any subsequent offense.
b.
In addition to the fine, the court may suspend or postpone for six
months the driving privilege of the defendant. Upon the conviction
of any person, the suspension or postponement of that person's driver's
license, the court shall forward a report to the Motor Vehicle Commission
(MVC) stating the first and last day of suspension or postponement
period imposed by the court pursuant to this section. If a person
at the time of the imposition of a sentence is less than 17 years
of age, the period of license postponement, including a suspension
or postponement of the privilege of operating a motorized bicycle,
shall commence on the day the sentence is imposed, and shall run for
a period of six months after the person reaches the age of 17 years.
c.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by the State, the court may immediately collect
the license and forward it to the MVC, along with the report. 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.
The court shall inform the person orally that if the person is convicted
of operating a motor vehicle during the period of license suspension
or postponement, the person shall be subject to the penalties set
forth in R.S. 39:3-40.
e.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privilege in the State of New Jersey of the person, based
on the age of the person, and submit to the MVC the required report.
The court shall not collect the license of a nonresident convicted
under this section.
f.
The court may at its discretion direct offending persons and/or their
guardian as defined herein to the Division of Youth and Family Services.
[Ord. No. 2015-08]
It shall be deemed a disorderly person's offense:
a.
If a resident fraudulently aids the Parent(s) or Guardian(s) of a
child of another to use his/her legitimate Cliffside Park home address;
and is not the primary financial supporter of that child evidenced
by tax returns, or an Order of the Superior Court of New Jersey; or
b.
If a Parent(s) and/or Guardian(s) fraudulently claim to have given
up custody of their child to another person for the purpose of obtaining
an illegal school enrollment; or
c.
If a Parent(s) and/or Guardian(s) submits fraudulent documents to
the Cliffside Park Board of Education in an attempt to have a nonresident
child enrolled into the Cliffside Park School System.
[Ord. No. 2015-08]
a.
First and all subsequent offenses:
1.
Minimum $100.00, not to exceed $1,000.00 per offense:
An offense shall be defined as each individual day the child
is fraudulently enrolled in the Cliffside Park School System. All
offenses shall run consecutively to each other.
2.
Incarceration.
The Municipal Magistrate shall have the ability and discretion
to sentence each offender up to six (6) months in jail for each offense;
3.
Community Service.
The Municipal Magistrate shall have discretion to order one
(1) day of community service for every day of each convicted offense.
However, community service shall not exceed one hundred eighty (180)
days, in any calendar year.
