[Ord. #66-0-426; 1967 Code § 62-1]
The purpose of this section is to prevent the disposal or placing
of any rubbish, refuse or other material on any street, public place,
public building, parking lot or private property where such action
would impede or interfere with the safe, free or unobstructed use
of the same by the public or whereby the same may be rendered unsightly
in appearance, or detrimental to the health, safety and welfare of
the public.
It is also hereby determined and declared that the existence
of obnoxious growths, filth, garbage, trash, brush, weeds, dead and
dying trees, stumps, roots and debris, upon lands lying within the
Borough, constitutes a menace to public health, safety and public
welfare or constitutes a fire hazard and it is deemed necessary and
expedient for the preservation of the public health, safety and general
welfare or for the elimination of a fire hazard that, in the public
interest, an ordinance controlling the existence of such obnoxious
growths and other matter be enacted.
[Ord. #66-0-426; 1967 Code § 62-2 Ord. #89 § I]
As used in this section:
Shall mean The Borough of Oakland.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean "garbage", "refuse" and "rubbish", as defined
herein, and all other waste material which, if thrown, deposited or
stored as prohibited by this chapter, tends to create a danger to
public health, safety and welfare.
Shall mean a park, reservation, playground, recreation center
or any other public area in the Borough, owned or used by the Borough
and devoted to active or passive recreation.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any dwelling house, building or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house or other structure.
Shall mean any street sidewalk, boulevard, municipal parking
lot, alley or other public way and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
including garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles and solid market and industrial wastes specifically
including abandoned furniture, household equipment and scrap building
materials.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cigars and tobacco waste, cardboard, tin cans, yard, garden or lawn
clippings, leaves, wood, glass, bedding, crockery and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon any highway, road
or street, including, devices used exclusively upon stationary rails
or tracks.
[Ord. #66-0-426; 1967 Code § 62-3]
a.
No person shall throw or deposit or permit any servant, agent or
employee to throw or deposit litter, garbage, refuse or rubbish in
or upon any street, sidewalk or other public place within the Borough
except in public receptacles or in authorized private receptacles
for collection.
b.
No person shall cause to be placed any receptacle for refuse, garbage,
rubbish, litter and other offensive material, outside any commercial
building, etc., that is visible from public streets or adjoining property
unless an enclosure is provided for storage.
[Ord. #66-0-426; 1967 Code § 62-4]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Ord. #66-0-426; 1967 Code § 62-5]
a.
No person shall sweep into or deposit on or in any sidewalk, gutter,
street or other public place within the Borough any litter from any
building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free from litter.
b.
No person owning or occupying a place of business shall sweep into
or deposit in any gutter, street or other public place within the
Borough the accumulation of litter from any building or lot or from
any public or private driveway or sidewalk. Persons owning or occupying
places of business within the Borough shall keep the sidewalks in
front of their business premises free of litter.
[Ord. #66-0-426; 1967 Code § 62-6; Ord. #89-162,
§ II]
No person shall throw, deposit or dump any litter from any vehicle
upon street, highway, road, public place or on any private premises.
[Ord. #66-0-426; 1967 Code § 62-7]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere. No person shall throw or deposit
in any fountain, pond, lake or stream or any other body of water in
a park or elsewhere within the Borough, on places public or private.
[Ord. #66-0-426; 1967 Code § 62-8; amended 3-10-2021 by Ord. No. 21-Code-823]
a.
PRINTED MATTER or PRINTED MATERIALS
UNSOLICITED
Definitions - Handbills, circulars and printed materials. For the
purposes of this section, the following terms have the meanings indicated:
All newspapers, shoppers, circulars, leaflets, flyers, handbills,
commercial and noncommercial, and all similar materials.
The printed matter referred to herein which has not been
ordered, subscribed to or requested by the recipient.
b.
Distribution of printed materials in public places. No person shall
throw or distribute any printed material in or upon any sidewalk,
street or other public place within the Borough of Oakland or in or
upon any unoccupied motor vehicle.
c.
Delivery of printed materials to private premises. It shall be unlawful
for any person to deliver or deposit or for any person, firm or corporation
to cause the delivery or deposit of any unsolicited printed material
to or upon private premises within the Borough of Oakland, except
in accordance with the terms hereof.
d.
Permitted delivery to private premises. Printed matter may be delivered
to private premises when delivered in accordance with the following:
1.
Printed matter shall be placed only within a permanently installed
appurtenance to the premises designed and designated for the receipt
of such printed matter, or if there is none, it shall be placed on
the ground or floor at a point beneath the place where such premises
receives its mail or within a three-foot radius of that point.
2.
Printed matter which plainly bears upon it an address to which a written notice indicating the recipient's desire to cease future delivery of the particular item of printed matter may be sent, may at all times be delivered to private premises unless delivery is prohibited pursuant to the terms of § 3-1.8e.
e.
Premises to which delivery of printed matter is prohibited. It shall be a violation of this section when unsolicited printed matter is intentionally delivered to a private premises after the owner or tenant of said premises has notified the publisher or the delivery person, or in the case of printed matter referred to in § 3-1.8d2 hereof, after the owner or tenant of the premises has provided notice by certified mail, return receipt requested, at the address so indicated, that delivery shall cease or be suspended for a stated period of time.
f.
Violations and penalties. Any person, firm or corporation convicted
of a violation of any provision of this section shall be subject to
a fine of not more than $500. Each delivery in violation of the terms
hereof shall be deemed a separate offense.
[Ord. #66-0-426; 1967 Code § 62-9; Ord. #89-162,
§ IV]
No person shall throw or deposit or dump any litter on any occupied
private property, whether owned by him or not, except that the owner
or person in control of private property shall maintain authorized
private receptacles for collection in such a manner that litter will
not be carried or deposited by the elements upon any other public
place or private premises.
[Ord. No. 66-0-426; 1967
Code § 62-10]
Nothing in this section shall be construed to prohibit the deposit
of leaves in a neat and careful manner in the gutter of any street
from October 15 to December 1, or the deposit of rubbish in a neat
and careful manner during the Borough's annual cleanup weeks.
[Ord. #89-162, § V]
Any person violating any of the provisions of this section shall
upon conviction be punished by a fine of not less than $250 but not
more than $1,000, or by imprisonment not exceeding 90 days or community
service or a combination thereof in the discretion of the Court.
[Ord. #89-162, § VI]
Any person who provides information leading to the conviction of a person under the terms of this section shall be entitled to 1/2 the fine assessed pursuant to subsection 3-1.11 hereof when said fine is collected by the Borough.
[Ord. No. 89-162, § 111]
No person shall throw or deposit or dump any litter in the Borough
Landfill except those items specifically designated by the Superintendent
of the Department of Public Works.
[Ord. #66-0-426; 1967 Code § 62-12]
It shall be unlawful for any owner or owners, tenant or tenants,
occupant or occupants, of any lot or tract of land or any part thereof
in the Borough to permit or maintain on any lot or tract of land lying
within the limits of the Borough any brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris injurious to health.
[Ord. #66-0-426; 1967 Code § 62-13; Ord. #68-475]
It shall be the duty of such owner or owners, tenant or tenants,
occupant or occupants of any such lot or tract of land or any part
thereof, in the Borough, to cut and remove or cause to be cut and
removed or otherwise destroyed, all such obnoxious growths such as
poison ivy and poison sumac, also brush, dead and dying trees, stumps,
roots, filth, garbage, trash and debris, injurious to health, or a
fire hazard, within 10 days after receiving notice to do so from either
the Board of Health, the Bureau of Fire Prevention or the Police Department
of the Borough, as the case may be, which notice may be effected by
personal service or by certified mail, return receipt requested. The
redelivery by proper postal official authorities of the return receipt
bearing signature of the addressee shall be presumed to be proof of
such notice.
[Ord. #66-0-426; 1967 Code § 62-14]
Should the person or persons upon whom such notice is served
fail, neglect or refuse to cut and remove, or cause to be cut and
removed or otherwise destroyed, all such obnoxious growths such as
poison ivy, poison sumac, brush, dead and dying trees, stumps, roots,
filth, garbage, trash and debris within 10 days after the service
of such notice, the Borough may cause such obnoxious growths such
as poison ivy, poison sumac, brush, dead and dying trees, stumps,
roots, filth, garbage, trash and debris to be cut and removed or otherwise
destroyed, and the actual cost of such cutting and removal or destroying
shall be certified by the Superintendent of Public Works to the Tax
Collector and shall thereupon become and be a lien on the properly
on which such poison ivy, poison sumac, brush, dead and dying trees,
stumps, roots, filth, garbage, trash and debris were located and shall
be added to and form a part of the taxes next to be assessed on the
lot or tract of land and shall be collected and enforced by the same
office and in the same manner as taxes.
[Ord. #66-0-426; 1967 Code § 62-15; Ord. #86-60,
§ 2; New]
Any owner or owners, tenant or tenants, occupant or occupants who shall neglect to cut and remove or otherwise destroy such poison ivy, poison sumac, brush, dead and dying trees, stumps, roots, filth, garbage, trash and debris injurious to health as directed by this section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this section, or who shall resist or obstruct the Borough, or its employees, agents or contractors, in the cutting and removal or destroying of poison ivy, poison sumac, brush, dead and dying trees, stumps, roots, filth, garbage, trash and debris, upon conviction thereof before the Judge authorized to hear and determine the matter shall be subject to the General Penalty established in Section 1-5 of this Code.
[Ord. #66-0-426; 1967 Code § 62-16]
The imposition and collection of the fine or penalty imposed
by the provisions of this section shall not constitute any bar to
the right of the Borough to collect the costs as certified for the
removal or destroying of the obnoxious growths in the manner herein
authorized.
[Ord. 1967 Code § 66-1; Ord. No.
83-997]
This section may be cited as the "Noise Control Regulation of
the Borough".
[1967 Code § 66-2; Ord. #83-997]
a.
The Mayor and Council of the Borough find that excessive sound is
a serious hazard to the health, safety, general welfare and the quality
of the life of the citizens of Oakland. Since a substantial body of
science and technology exists by which excessive sound may be substantially
abated and the people have a right to and should be ensured an environment
free from excessive sound, it is the policy of the Borough to prevent
excessive sound that may jeopardize the health and welfare or safety
of the citizens or degrade the quality of life.
b.
This section shall apply to the control of sound originating from
stationary and mobile sources within the limits of the Borough.
[1967 Code § 66-3; Ord. #83-997]
As used in this section:
Shall mean a group of commercial properties and the abutting
public rights-of-way and public spaces.
Shall mean any facility or property used for activities involving
the furnishing or handling of goods or services, including but not
limited to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
Shall mean the abbreviation designating both the unit of
measured sound level (the decibel) and the mode of measurement that
uses the A-weighting of a sound-level meter.
Shall mean the practical unit of measurement for sound pressure
level. The number of "decibels" of a measured sound is equal to 20
times the logarithm to the base 10 of the ratio of the sound pressure
of the measured sound to the sound pressure of a standard sound (20
micropascals). (Abbreviated dB).
Shall mean any work or action necessary to deliver essential
services, including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities and public transportation facilities,
removing fallen trees on public rights-of-way or abating life-threatening
situations.
Shall mean the value specified by the manufacturer as the
recommended maximum loaded weight of a single motor vehicle. In cases
where trailers and tractors are separable, the gross combination weight
rating (GCWR), which is the value specified by the manufacturer as
the recommended maximum loaded weight of the combination vehicle,
shall be used.
Shall mean any facility or property used for activities involving
the production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean any vehicle for which regulations apply pursuant
to section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574),
as amended, pertaining to motor carriers engaged in interstate commerce.
Shall mean an unenclosed motor vehicle having a saddle for
the use of the operator and two or three wheels in contact with the
ground, including but not limited to motor scooters, mopeds and minibikes.
Shall mean a sound-dissipation device or system for abating
sound of escaping gases of an internal combustion engine.
Shall mean any building wherein there are two or more dwelling
units.
Shall mean any sounds of such level and duration as to be
or tend to be injurious to human health or welfare or which would
unreasonably interfere with the enjoyment of life or property.
Shall mean the Zoning Officer and any officially designated
member or members of the Police Department trained in the measurement
of sound and empowered to issue summonses for violations of this section.
Shall mean any sound that endangers the safety or health
of any person; disturbs a reasonable person of normal sensitivities;
or endangers personal or real property.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the State or any
political subdivision, agency or instrumentality of the State.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk or alley or similar place that is owned or controlled by
a governmental entity.
Shall mean any real property or structures thereon that are
owned or controlled by a governmental entity.
Shall mean either the imaginary line, including its planar
extension, that separates one parcel of real property from another;
or the vertical and horizontal boundaries of a dwelling unit that
is one in a multi-dwelling-unit building.
Shall mean a group of residential properties and the abutting
public right-of-way and public spaces.
Shall mean any property used for human habitation.
Shall mean the sound pressure level measured in decibels
with a sound-level meter set for A-weighting; "sound level" is expressed
in dBA.
Shall mean an instrument for the measurement of sound levels
as specified in N.J.A.C. 7:29B, which provisions are incorporated
herein by reference.
Shall mean any day, Monday through Friday, which is not a
legal holiday.
[1967 Code § 66-4; Ord. #83-997]
a.
The noise control program established by this section shall be administered
by both the Zoning Officer and the Police Department.
b.
The Police Department shall be empowered to stop any motor vehicle
or motorcycle operated on a public right-of-way or public space reasonably
suspected of violating any provisions of this section.
c.
The Noise Control Officers must be qualified according to N.J.A.C.
7:29B-1.11.
d.
Noise measurements made by Noise Control Officers must be taken according
to procedures specified by N.J.A.C. 7:29B, which provisions are incorporated
herein by reference.
e.
Noise Control Officers shall not use this section in situations within
the jurisdiction of the Federal Occupational Safety and Health Act.
[1967 Code § 66-5; Ord. #83-997]
a.
Stationary Sources.
1.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level
that exceeds the particular sound-level limits set forth in Table
I, when measured at or within the real property line of the receiving
property, except as provided in subparagraph 3 below.
2.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed, and the
measurements shall be taken in the center of the room.
|
Table I
Maximum Permissible Sound Levels for Stationary Sources by Receiving
Property Category
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
| ||||||
|
Residential
|
Another Dwelling Within a Multidwelling Unit Building
| |||||
|
Sound Source Property Category
|
7:00 a.m. to 10:00 p.m.
(dB)
|
10:00 p.m. to 7:00 a.m.
(dB)
|
Commercial All Times
(dB)
|
Industrial All Times
(dB)
|
7:00 a.m. to 10:00 p.m.
(dB)
|
10:00 p.m. to 7:00 a.m.
(dB)
|
|
Any location within a multidwelling building
|
55
|
50
|
65
|
75
|
45
|
40
|
|
Residential
|
55
|
50
|
65
|
75
|
—
|
—
|
|
Commercial
|
65
|
50
|
65
|
75
|
—
|
—
|
|
Industrial
|
65
|
50
|
65
|
75
|
—
|
—
|
3.
Exemptions. The following are exempt from the sound-level limits
of Table I:
(a)
Noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a functioning muffler between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m.
on weekends and legal holidays, provided that they produce less than
85 dBA at or within any real property line of a residential property.
(b)
Sound from church bells and church chimes when a part of a religious
observance or service.
(c)
Noise from construction activity, provided that all motorized equipment shall be operated with functioning mufflers, except as provided in subsection 3-3.6, paragraph b6.
(d)
Noise from snowblowers, snow throwers and snowplows, when operated
with a muffler for the purpose of snow removal.
(e)
Noise from stationary emergency signaling devices that conform
with the provisions of N.J.A.C. 7:29-13, which provisions are incorporated
herein by reference.
(f)
Noise from an exterior burglar alarm of any building or motor
vehicle, provided that such burglar alarm shall terminate its operation
within 15 minutes after it has been activated.
b.
Mobile sources.
1.
Motor vehicles and motorcycles on public rights-of-way. No person
shall cause, suffer, allow or permit the operation of a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the sound level emitted by the motor vehicle
or motorcycle exceeds the level set forth in Table II.
|
Table II
Maximum Permissible Sound Levels from Motor Vehicles and Motorcycles
| |||
|---|---|---|---|
|
Sound level in dBA at 50 Feet (15 meters) from Center Line of
Vehicle Travel
| |||
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Run-up
|
|
Motor carrier vehicle engaged in interstate commerce of GVWR
or GCWR of 10,000 pounds or more
|
85
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more
|
86
|
90
|
—
|
|
Any motorcycle
|
82
|
86
|
—
|
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
76
|
82
|
—
|
|
Sound Level in dBA at 15 Feet from the Edge of the Lane of Vehicle
Travel
| |
|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
|
Any motor vehicle or motorcycle with a GVWR less than 10,000
pounds
|
80
|
|
Note: Measured according to Department of Transportation, Bureau
of Motor Carrier Safety, Regulations for Enforcement of Motor Carrier
Noise Emission Standards, Code of Federal Regulations, Title 49, Chapter
II, Part 235, 40FR42437.
|
2.
Adequate Mufflers.
(a)
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with original muffler
or equivalent replacement in good working order and in constant operation.
(b)
No person shall remove or render inoperative, or cause to be
removed or rendered inoperative, other than for purposes of maintenance,
repair or replacement, any muffler on a motor vehicle or motorcycle.
3.
Motor Vehicle Horns and Signaling Devices. The following acts and
the causing thereof are declared to be in violation of this section:
(a)
The sounding of any horn or other auditory signaling device
in any motor vehicle or motorcycle on any public right-of-way or public
space, except as a warning of danger.
(b)
The sounding of any horn or other auditory signaling device
that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
4.
Standing Motor Vehicles. No person shall operate or permit the operation
of any motor vehicle, or any auxiliary equipment attached to such
a vehicle, for a period longer than three minutes in any hour while
the vehicle is stationary, for reasons other than traffic congestion,
on a public right-of-way or public space within 150 feet (46 meters)
of a residential area between the hours of 8:00 p.m. and 8:00 a.m.
the following day.
5.
Recreational Motorized Vehicles Operating Off Public Rights-of-Way.
Except as permitted in paragraph b, no person shall operate or cause
to be operated any recreational motorized vehicle in such a manner
that the sound level emitted therefrom exceeds the limits set forth
in Table III at either a distance of 50 feet (15 meters) or more from
the path of the vehicle, when operated on a public space, or at or
across a real property line when operated on private property. This
subsection shall apply to all recreational motorized vehicles whether
or not duly licensed or registered.
|
Table III
Maximum Permissible Sound Levels for Recreational Motorized
Vehicles Off Public Rights-of-Way
| |
|---|---|
|
Vehicle Type
|
Sound Level
(dB)
|
|
Motorcycle:
| |
|
Unit manufactured before 1975
|
86
|
|
Unit manufactured after 1975
|
84
|
|
Any other vehicle:
| |
|
Unit manufactured before 1975
|
84
|
|
Unit manufactured after 1975
|
80
|
[Ord. #127; 1967 Code §§ 66-6 and 68-8; Ord.
#83-997; Ord. #99-Code-364]
a.
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this subsection.
b.
No person shall cause, suffer, allow or permit the following acts:
1.
Sound Reproduction Systems. Operating, playing or permitting the
operation or playing of any radio, television, phonograph, mechanical
musical instrument or similar device that reproduces amplified sound
in such a manner as to create a noise disturbance for any person other
than the operator of the device.
2.
Loudspeakers/Public Address Systems. Using or operating of any loudspeaker,
public address system or similar device between the hours of 10:00
p.m. and 8:00 a.m. on the following day, such that the sound therefrom
creates a noise disturbance across a residential real property line.
3.
Animals and Birds. Owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property
line. For the purpose of this subsection, a "noise disturbance from
a barking dog" shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes, unless provoked.
4.
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects or the compacting of refuse:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to exceed any applicable limit set forth in
Table I across a residential property line.
(b)
By persons engaged in the business of scavenging or garbage
collection, whether private or municipal, between the hours of 7:00
p.m. and 7:00 a.m. the following day, except by permit.
5.
Motor Vehicle Repairs and Testing. Repairing, rebuilding, modifying
or testing any motor vehicle or motorboat in such a manner as to exceed
any applicable limit in Table I across a residential real property
line.
6.
Construction and Demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earth moving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for emergency work or by special variance issued pursuant to subsection 3-3.8 and provided that such equipment is equipped with a proper muffler.
7.
Air-conditioning, Air-handling Devices and Wind-Energy Conversion
Systems. The operation of air-conditioning, air-handling devices,
including heat pumps, or wind-energy conversion systems that produce
a sound level greater than 55 dBA at a real property line of a residential
property, except when the operation produces less than an increase
of five dBA in the sound level that exists in the absence of such
sound.
8.
Playing of Musical Instruments.
(a)
Playing any musical instrument in a parade or for advertising
purposes in any street or upon any public property without obtaining
a permit therefor from the Mayor and Council of this Borough.
(b)
Willfully or maliciously playing any musical instrument in such
volume or in such a manner as to destroy the peace and quiet of those
within hearing distance of the same.
9.
Singing, Laughter, Shouting. The making of loud and unnecessary noises,
either by singing, boisterous laughter or shouting in such a manner
and to such an extent as to disturb the peace and quiet of those within
hearing distance.
10.
Any Loud Noise. Willfully or maliciously making any loud noise or
noises of such volume or in such a manner as to destroy the peace
and quiet of those within hearing distance.
11.
Motorized Street Sweepers or Other Mechanical Devices for the Cleaning
of Streets. Motorized street sweepers or other mechanical devices
for the cleaning of streets are prohibited from operating on public
or private property between the hours of 6:00 p.m. and 8:00 a.m. prevailing
time Monday through Saturday and at all times on Sunday.
[1967 Code § 66-7; Ord. #83-997]
The provisions of this section shall not apply to:
a.
The emission of sound for the purpose of alerting persons to the existence of an emergency, except as provided in subsection 3-3.5, paragraph a3(e).
b.
The emission of sound in the performance of emergency work.
c.
Noise from celebrations or events sponsored or approved by the Borough,
public or parochial schools or houses of worship within the Borough.
[1967 Code § 66-8; Ord. #83-997]
a.
Any person who owns or operates any stationary noise source may apply
to the Mayor and Council through the Borough Administrator for a variance
from one or more of the provisions of this section.
1.
Applications for a permit of variance shall supply information including,
but not limited to:
(a)
The nature and location of the noise source for which such application
is made.
(b)
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his/her client or
the public if the permit of variance is not granted.
(c)
The nature and intensity of noise that will occur during the
period of the variance.
(d)
The subsection or subsections of this section for which the
permit of variance shall apply.
(e)
A description of interim noise control measures to be taken
by the applicant to minimize noise and the impacts occurring therefrom.
(f)
A specific schedule of the noise-control measures which shall
be taken to bring the source into compliance with this section within
a reasonable time.
2.
A copy of the permit of variance must be kept on file by the Borough
Administrator for public inspection.
b.
Failure to supply to the Borough Administrator the information required
hereby shall be cause for rejection of the application.
c.
The Borough Administrator shall charge the applicant a fee of $10
to cover expenses resulting from the processing of the permit of variance
application.
d.
The Mayor and Council may, at their discretion, limit the duration
of the permit of variance, which shall never be longer than one year.
Any person holding a permit of variance and requesting an extension
of time shall apply for a new permit of variance under the provisions
of this subsection.
e.
The permit of variance shall operate as a stay of prosecution.
f.
The permit of variance may be revoked by the Noise Control Officer
of the Police Department if the terms of the permit of variance are
violated.
g.
In the event that the reason for which the permit for variance is
sought requires action that will not, because of time constraints,
allow the matter to be submitted to the Mayor and Council at a regular
meeting, the Borough Administrator is authorized to consider and decide
the variance application.
[1967 Code § 66-9; Ord. #83-997; New]
a.
Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the Noise Control Officer or, in the case of prohibited acts specified in subsection 3-3.6, by any member of the Police Department.
b.
Abatement Orders.
1.
Except as provided in subparagraph 2 below, in lieu of issuing a
summons, the Noise Control Officer may issue an order requiring abatement
of any source of sound alleged to be in violation of this section
within a twenty-four-hour period and according to guidelines which
the Noise Control Officer may prescribe.
2.
An abatement order shall not be issued for any violation covered
by paragraph c2 or when the Noise Control Officer has reason to believe
that there will not be compliance with the abatement order.
c.
Penalties. Any person who violates any provision of this section shall be subject to the General Penalty established in Section 1-5 of this Code.
d.
Other Remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this section or from other law.
[1967 Code § 101-1; Ord. #74-624; Ord. #75-636]
As used in this section:
Shall mean and include, but is not limited to minibikes,
trail bikes, unlicensed motorcycles, motor scooters, go-carts and
other recreation vehicles. This section shall apply only to such unlicensed
vehicles that are designed primarily for the transportation of the
driver and not to lawn mowers, tractors, farm, lawn, garden or similar
equipment nor to vehicles expressly exempted from registration under
Title 39, Motor Vehicles, of the New Jersey Statutes.
[1967 Code § 101-2; Ord. #74-624; Ord. #75-636]
a.
Any person who shall own or keep an unlicensed motor-driven vehicle as defined in subsection 3-4.1 shall register such vehicle with the Police Department. The application for such registration shall include the following information: the name and address of the registrant and the year, serial number, horsepower, type, model and color of the vehicle being registered. Each registrant shall pay the fee of $5 which shall be used to defray the costs of registration and display plate. Upon acceptance of the application and fee, the Police Department shall issue a display plate bearing the registration number, which plate shall be affixed to the front yoke of the vehicle.
b.
Registrants shall have 10 days from the effective date of the acquisition
of such vehicle within which to register the vehicle. No person under
18 years of age may register any vehicle unless his or her parent
or guardian consents in writing to such registration on the registration
form to be provided.
c.
In the event ownership of the vehicle is transferred, the new owner
shall register the vehicle pursuant to the terms of this section.
[1967 Code § 101-3; Ord. #74-624; Ord. #75-636]
a.
It shall be unlawful to operate any unlicensed motor-driven vehicle of the type described in subsection 3-4.1 within the Borough under the following circumstances:
1.
On private property of another person or party without the express
written permission of the owner or legal occupant of the property
to do so. Such written permission must be carried by the person so
authorized while operating a motor vehicle on another's property for
purposes of exhibiting the same to police officers upon request.
2.
On any public street located within the Borough.
3.
On public grounds without the prior express provision or written
permission to do so by the proper public authority.
4.
Without any muffler device or with only a straight exhaust pipe,
or with a muffler lacking interior baffle plates or other effective
muffling device.
5.
In a manner creating loud, unnecessary or unusual noise so as to
disturb or interfere with the peace and quiet of other persons.
6.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety of a person or persons or the property
of any other person.
7.
Without the operator or passenger thereon wearing a protective helmet
of a type approved by the Director of the New Jersey Division of Motor
Vehicles.
[1967 Code § 101-4; Ord. #74-624]
The police, in addition to issuing a summons for violations
of this section, may also immediately confiscate the unlicensed motor-driven
vehicle used or operated in violation of this section. The unlicensed
motor-driven vehicle shall be returned upon payment of any towing
or removal costs and upon payment of any fine, or upon the direction
of the court.
[Ord. #167; 1967 Code § 99-1]
As used in this section:
Shall mean any vehicle used or intended to be used as, or
attached to a vehicle used as, a conveyance upon public streets or
highways and duly licensed as such, including any vehicle containing
within such vehicle the means of propulsion thereof, and also any
vehicle propelled by means from without such vehicle, so designed,
constructed, reconstructed, remodeled or added to by means of accessories
or otherwise in such a manner or to such effect as to permit the occupancy
thereof as a temporary dwelling or sleeping place for one or more
persons, and having no foundation other than wheels, jacks or supports
so arranged as to be integral with or conveyed by or with the trailer
or camp vehicle.
[Ord. #167; 1967 Code § 99-2]
a.
It shall be unlawful for any person to park or place any trailer
or camp vehicle upon or in any street or highway within the Borough
upon any lands and premises within the Borough except in accordance
with the provisions of all ordinances of the Borough, and no trailer
or camp vehicle shall, under any circumstances, remain so parked within
the Borough for a period longer than three weeks; provided, however,
that such limitation as to time of parking shall not be applicable
where repairs or service to or upon any such trailer or camp vehicle
are being furnished in any public garage or public automobile repair
shop or where any such trailer or camp vehicle shall remain stored
and unoccupied on private property.
b.
No trailer or camp vehicle, while such trailer or camp vehicle shall
be parked or placed upon or in any public street or highway or upon
any lands and premises, or while repairs or service to or upon such
trailer or camp vehicle are being furnished in any public garage or
public automobile repair shop, or while such trailer or camp vehicle
shall remain stored upon private property, within the Borough, shall
be used by any person as a dwelling or sleeping place, except that
when stored or parked upon private property it may be so used for
a period not in excess of five days.
[Ord. #167; 1967 Code § 99-3; Ord. #72-567; New]
Whenever a home in the Borough shall be partially destroyed
by fire, flood or other disaster to the extent that the home is not
habitable for a period of time and until certain necessary repairs
are made thereto, and the owners of the property who were residing
therein at the time of such disaster intend to make immediate repairs
to the same and so advise the Construction Official and Borough Clerk
by letter, the Construction Official is authorized to issue a temporary
Certificate of Occupancy to the owners for a period not in excess
of four months for the erection of a mobile home or trailer on the
property at a location to be approved by the Construction Official
in conjunction with the Board of Health so that the location is not
in any way detrimental to adjoining properties, nor obstructs the
street or sidewalk or other necessary safety precautions, provided
that the mobile home or trailer complies in all respects with the
requirements of the Board of Health with respect to the connection
of a septic system and other utilities required for habitation therein.
During such period of time as such temporary Certificate of Occupancy
shall be issued and remain in effect, the owners of the property residing
in the mobile home or trailer shall not be considered to be in violation
of this section.
[1967 Code § 4-23; Ord. #80-888]
As used in this section:
Shall mean any fluid or solid capable of being converted
into a fluid suitable for human consumption and having an alcoholic
content of more than 1/2 of 1% by volume, including alcoholic beer,
lager beer, ale, porter, naturally fermented wine, distilled liquors,
blended distilled liquors and any brewed, fermented or distilled liquors
fit for use for beverage purposes or any mixture of the same and fruit
juices.
Any cannabis item(s) as regulated and defined by the New
Jersey Cannabis Regulatory Commission.
[Added 6-23-2021 by Ord.
No. 21-Code-846]
Any cannabis item(s), including any usable cannabis, cannabis
product, cannabis extract, and any other cannabis resin as further
defined in P.L. 2021, c. 16; hashish; and marijuana/marihuana, which
is not regulated by the New Jersey Cannabis Regulatory Commission.
[Added 6-23-2021 by Ord.
No. 21-Code-846]
[1967 Code § 4-13; Ord. #80-888; amended 6-23-2021 by Ord. No. 21-Code-846]
No person shall, except as hereinafter provided or as otherwise
permitted by law, consume any alcoholic beverage or regulated cannabis
item in any public park or recreation area of the Borough, public
building, public conveyance, right-of-way, alley, sidewalk, roadway
or parking lot open to the public in the Borough or on any vacant
lands owned by the Borough.
[Added 6-23-2021 by Ord. No. 21-Code-846]
Any person violating the provisions of Subsection 3-6.2 of this article shall be subject to a fine of up to $200 upon conviction.
[1]
Editor's Note: Former Subsections 3-6.3 through 3-6.8 were
repealed by Ordinance No. 90-204.
[1]
Editor's Note: Subsection 3-6.9, Consumption in Motor Vehicles
Prohibited, was repealed by 6-23-2021 by Ord. No. 21-Code-846. Prior
history includes 1967 Code § 4-21, Ord. #80-888, and Ord.
#81-936. Subsection 3-6.10 was repealed by Ordinance No. 90-204.
[Ord. #155; 1967 Code §§ 4-6, 4-7, 4-8; New;
amended 6-23-2021 by Ord. No. 21-Code-846]
a.
Purchase of Alcoholic Beverages or Regulated Cannabis Items Prohibited.
It shall be unlawful for any person under the legal age to purchase
alcoholic beverages or under the legal age to purchase regulated cannabis
items, to enter any premises licensed for the retail sale of alcoholic
beverages or any premises licensed for the retail sale of regulated
cannabis items, for the purpose of purchasing, or having served or
delivered to him or her, any alcoholic beverage or regulated cannabis
item.
b.
Consumption. It shall be unlawful for any person under the legal
age to purchase alcoholic beverages or under the legal age to purchase
regulated cannabis items, to consume any alcoholic beverage, regulated
cannabis item or unregulated cannabis items on premises licensed for
the retail sale of alcoholic beverages, or any premises licensed for
the retail sale of regulated cannabis items, or to purchase, attempt
to purchase or have another purchase for him or her any alcoholic
beverage or regulated cannabis item.
c.
Misrepresentation of Age.
1.
It shall be unlawful for a person to misrepresent or misstate his
or her age or the age of any other person for the purpose of inducing
any retail licensee, or any employee of a retail licensee, to sell,
serve or deliver any alcoholic beverage or regulated cannabis item
to such person under the legal age.
2.
It shall be unlawful for a person of age to serve or deliver any
alcoholic beverage or regulated cannabis item to any person under
the legal age or purchase any alcoholic beverage or under the legal
age to purchase regulated cannabis items for the purpose of serving
the same to or for consumption by any such person under the legal
age.
d.
Violations and Penalties. Any person who shall violate any of the
provisions of this subsection shall be deemed and adjusted to be a
disorderly person and upon conviction thereof, (in accordance with
N.J.S.A. 33:1-81, as amended) shall be punished by a fine of not less
than $500. In addition, the court shall suspend the person's
license to operate a motor vehicle for six months or prohibit the
person from obtaining a license to operate a motor vehicle in this
state for six months beginning on the date he becomes eligible to
obtain a license or on the date of conviction, whichever is later.
In addition to the general penalty prescribed for an offense, the
court may require any person under the legal age to purchase alcoholic
beverages who violates this act to participate in an alcohol education
or treatment program authorized by the Department of Health for a
period not to exceed the maximum period of confinement prescribed
by law for the offense for which the individual has been convicted.
[Ord. #56-0-265; 1967 Code § 82-1]
It shall be unlawful for any person, firm or corporation to
leave or permit to remain outside of any dwelling, building or other
structure, or within any unoccupied or abandoned building, dwelling
or other structure under his or its control, in a place accessible
to children, any abandoned or unattended ice-box, refrigerator or
other container, whether the same be abandoned or discarded or not,
which has an airtight door or lid, snaplock or other locking device
which may not be released from the inside, without either first removing
the door or lid, snaplock or other locking device from the icebox,
refrigerator or container, or in the alternative properly guarding
or locking the same in such a manner that the same cannot be accessible
to children or opened except by the person authorized to guard or
open the same.
[1967 Code § 68-11; Ord. #81-921]
No person shall willfully write, draw, or cause to be written
or drawn any lewd, indecent or obscene word or words, emblem or insignia,
mark or marks whatsoever or draw or cause to be drawn any lewd, indecent
or obscene figure, emblem or insignia upon any Borough property, public
or private, real or personal.
[1967 Code § 68-12; Ord. #81-921]
No person shall commit the acts set forth in subsection 3-8.1 through the use of broad-tip pens, pencils, pens, crayons, paint, spray paint, dirt or any other marking device.
[1967 Code § 68-13; Ord. #81-921]
It shall be unlawful for any parent, legal guardian or any other
person having custody and care of any minor child under the age of
18 years to assist, aid, abet, allow or encourage the minor to violate
the provisions of this section as defined herein, either by words,
overt act, by failing to act or by lack of supervision and control
over the minor child.
[1967 Code § 68-14; Ord. #81-921]
Any minor child under the age of 18 years apprehended for the
violation of this section shall be brought before a Judge of the County
Superior Court, Family Part, and the parent, legal guardian or any
other person having care and custody of the minor shall be summoned
before the Judge of the Municipal Court of the Borough and be subject
to the penalties provided herein.
[1967 Code § 68-15; Ord. #81-921]
It shall be the obligation of the owner, his assigns or successors
in interest of any Borough public or private, real or personal property,
which has been defaced, marked or destroyed in the manner described
in this section to eliminate and remove the defacement from his property.
If the owner, his assigns or successors in interest, do not remove
such defacement, then he will be subject to a summons by the Borough
for his failure to remove such defacement. Then he shall remove and
eliminate the defacement within 30 days from the date of the issuance
of the summons. Failure of the owner to remove the defacement within
the thirty-day period will cause him to be subject to the penalties
provided herein.
[1967 Code § 68-16; Ord. #81-921; New]
a.
Any person violating any of the provisions of this section, shall, upon conviction thereof before the Municipal Court of the Borough, be subject to the General Penalty established in Section 1-5 of this Code.
b.
An exception to this subsection shall be any minor child under the
age of 18 years who shall, upon conviction, be subject to the penalties
imposed on him by the Judge of the Superior Court, Family Part.
c.
In addition to penalties imposed under this section, a parent, guardian
or other person having legal custody of a minor child under 18 years
who fails or neglects to exercise reasonable supervision and control
of the conduct of such minor, shall be liable in a civil action for
any willful, malicious or unlawful injury or destruction by such infant
of real or personal property covered under this section.
[Ord. #57-0-278; 1967 Code §§ 51-1 to 51-4;
Ord. #70-523; amended 9-12-2018 by Ord. No. 18-Code-773]
a.
No person shall discharge any firearm, as defined under N.J.S.A.
2C:39-1, across any state, county or Borough road or highway or have
in his possession a loaded gun or weapon while within 450 feet of
any structure in the Borough or within 450 feet of a school or school
playground in the Borough. No person shall discharge any bow and/or
crossbow across any state, county or Borough road or highway or have
in his possession a loaded bow and/or crossbow while within 150 feet
of any structure in the Borough or within 450 feet of a school or
school playground in the Borough.
b.
No person shall discharge any firearm, as defined under N.J.S.A.
2C:39-1, or cast any arrow within 450 feet of the boundary line of
any property in the Borough, provided that same has been conspicuously
posted with intervisible signs bearing the owner, occupant, lessee
or licensee thereof and prohibiting persons from trespassing and/or
discharging firearms or hunting unless specifically authorized by
the owner, occupant, lessee or licensee in writing. The posted signs
shall be displayed, not fewer than 10 per mile, along the exterior
boundaries and along all roads, trails and rights-of-way entering
such land.
c.
No person shall discharge any firearm, as defined under N.J.S.A. 2C:39-1, or cast any arrow or have possession of a loaded gun or weapon within the boundaries of the Borough in areas other than those set forth in Subsection 3-9.1a, unless he is either exempted pursuant to Subsection 3-9.4, if applicable.
d.
Notwithstanding the provisions of Subsections 3-9.1a, b and c, no person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, for the purpose of hunting, taking or killing any wildlife, or target practice have in his possession a nocked arrow while within 150 feet of any structure in the Borough or within 450 feet of any school playground, and a nocked arrow shall only be cast when a person is in an elevated position so that any arrow is aimed in a downward angle.
The discharge, firing or use of any gun, pistol, firearm or
weapon of any description whatsoever at any place whatsoever in the
Borough is hereby specifically prohibited except as hereinafter set
forth.
a.
Residents of the Borough who own property abutting, adjoining or within the prohibited area described in Subsection 3-9.1 may post a notice on their property, without being deemed to have violated any provisions in this code relating to the control and regulation of signs, provided they state as follows:
|
"No Hunting or Discharge of Guns Permitted, Oakland Code, Section
3-9."
|
b.
However, no such sign shall be larger than two feet square.
Nothing contained in this section shall be construed to prevent
any person:
a.
From keeping or carrying about his place of business, dwelling house,
premises, or upon lands possessed by him, any firearm, or from carrying
the same from any place of purchase to his dwelling house or place
of business; or to or from any place where repairing is done to have
the same repaired; nor to prevent any person from carrying a firearm
in the woods or fields or upon the waters of the Borough for the purpose
of hunting or target practice in an area where the same is not prohibited,
including state or other government-owned lands, provided that applicable
laws of the State of New Jersey or the applicable government have
been complied with.
b.
Discharge of firearms by a certified animal control officer in the
performance of his duties consistent with applicable law and regulations.
c.
Discharge of firearms by law enforcement officers in the performance
of their duties to destroy injured animals consistent with applicable
law and regulations.
[1967 Code § 100-1; Ord. #69-489]
No person shall, at any time, set or use a trap of any kind
designed or intended to take, hold, capture, or kill any animal or
fowl within the limits of the Borough, except as shall be specifically
permitted hereafter and as permitted under N.J.S.A. 23:3-1, et seq.
[1967 Code § 100-2; Ord. #69-489]
Whenever any animal or fowl is required to be captured alive,
either because the animal or fowl is injured and requires treatment,
or because the animal or fowl has become a nuisance or menace either
to individual residents or the community in general, a cage-type trap,
also commonly called a cage trap, cage-door trap or live trap designed
to capture animals alive, may be used.
[1967 Code § 100-3; Ord. #69-489]
Whenever a trap of the type prohibited by this section shall
be found in the outdoors and within the confines of the Borough, the
same may be confiscated by any police officer of the Borough or any
New Jersey Fish and Game Warden. This subsection is not applicable
to any store which may sell traps of any kind.
[Ord. #47; 1967 Code § 41-1]
[Ord. #47; 1967 Code § 41-2; Ord. #86-60, § 2]
Any person or persons violating any provision of this section
shall be penalized as provided for by State statute, the present applicable
provision being N.J.S.A. 21:3-8.
[1967 Code § 45-1; Ord. #79-756]
All licensed legalized games of chance, as the same are defined
by Title 5 of the Revised Statutes of the State of New Jersey, are
hereby permitted to be conducted within the Borough, in accordance
with provisions of the Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.)
and Raffle Licensing Law (N.J.S.A. 5:8-50 et seq.).
[1967 Code § 60-1; Ord. #82-980]
No person seeking to obtain a library card from the Oakland
Public Library shall furnish a false name or address for such purpose.
[1967 Code § 60-2; Ord. #82-980]
No person shall detain or fail to return any book, periodical,
pamphlet, artistic reproduction, phonograph recording, audiovisual
material or any property borrowed from the Public Library after 30
days have elapsed from the date of mailing, by certified mail, return
receipt requested, of a notice demanding return thereof, addressed
to the person at the last address furnished to the Library. Personal
service of such notice upon the person or upon a person over the age
of 14 years who resides in the same household as the person may be
used in place of mailing such notice as aforesaid.
[1967 Code § 60-3; Ord. #82-980]
No person shall cut, tear, deface, disfigure, damage or destroy
any book, periodical, pamphlet, artistic reproduction, phonograph
recording, audiovisual material or other properly or any part thereof
which is borrowed from, owned by or is in the custody of the Public
Library.
[1967 Code § 60-4; Ord. #82-980]
No person shall use the library card of any other person for
the purpose of borrowing any book or material of any kind from the
Public Library, unless the person using such borrowed card presents
a written authorization to use such card at the time of such borrowing,
the written authorization to be kept by the Public Library until the
return of the materials borrowed.
[1967 Code § 60-5; Ord. #82-980]
No person shall remove any book or other property from the Public
Library without having it charged to a validly issued borrower's card,
unless such person has the written permission to do so from a librarian
of the Public Library.
[1967 Code § 60-6; Ord. #82-980]
No person shall obstruct, annoy, molest, hinder, threaten, insult
or interfere with any Library employee or person legally enjoying
the privileges of the Public Library, nor shall any person make any
loud, disturbing or offensive noises or otherwise create a nuisance
in and upon the grounds and premises of the Library.
[1967 Code § 60-7; Ord. #82-980]
The Oakland Public Library shall have the right to establish
a time period within which all borrowed materials must be returned
and to further establish a schedule of fines to be imposed upon persons
not returning materials borrowed from the Public Library within the
times prescribed for the return thereof. A copy of the rules and regulations
concerning the return of books and fines to be imposed shall be posted
prominently at the entrances to the Library and at the desk or desks
where the materials are checked out. In the event that borrowed materials
are not returned within the time permitted and/or that fines assessed
by reason thereof are not paid, the Public Library is authorized to
address a letter, by certified mail, return receipt, to the borrower
of such library materials at the last address furnished to the Public
Library by the borrower and, if the fine is not paid and/or the library
material is not returned within 30 days thereof, the borrower shall
be considered in violation of this section and subject to the fines
and penalties imposed hereafter.
[1967 Code § 60-8; Ord. #82-980]
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
of up to $100 per violation, together with: the actual cost of replacement
of such borrowed materials should the borrowed materials not have
been returned prior to the court hearing; such fines as shall have
been previously imposed by the Public Library which are still due
at the time of the court hearing; and the cost of postage used by
the Library in its attempt to recover the borrowed materials, or may
be imprisoned in the County Jail for a term of not to exceed 90 days,
or both. Each day that such violation is committed or permitted to
continue following receipt of the notice by certified mail or the
notice of such letter by the post office shall constitute a separate
offense and shall be punishable as such.
[Ord. #60-0-313; 1967 Code § 13-1]
As used in this section:
May be used interchangeably and either of the two may be
applicable, whichever is more conducive towards the effectuating of
this section.
Shall mean the Borough of Oakland, in the County of Bergen
and State of New Jersey.
Shall mean the Mayor and Council of the Borough.
Shall mean an individual, firm, partnership, corporation
or association of persons.
Shall mean either singular or the plural, whichever is applicable
and conducive towards the effectuating of this section.
Shall be implied, whichever is appropriate and conducive
for the effectuating of this section.
[Ord. #60-0-313; 1967 Code § 13-2]
No Borough resident shall ride or operate a bicycle within the
Borough, without first obtaining a license therefor, to be issued
by the Police Department under the supervision of the Juvenile Aid
Bureau of the Borough, upon application of the owner and payment of
the prescribed fee, and no resident shall ride or operate a bicycle
in the Borough except in compliance with the provisions of this section.
[Ord. #60-0-313; 1967 Code § 13-3]
This section shall not apply to any person operating a trainer
bicycle.
[Ord. #60-0-313; 1967 Code § 13-4]
a.
Every person required, under the terms of this section, to obtain
a license and registration tag shall, and annually thereafter, apply
for and procure the same from the Police Department of the Borough.
b.
The registration tag shall be fastened to the frame of the bicycle
in a conspicuous place. Removal of the tag shall be grounds for revocation
of the license.
[Ord. #60-0-313; 1967 Code § 13-5]
A license and registration tag shall only be issued by the Police
Department upon a satisfactory showing by the applicant to the licensing
authority that the bicycle is in a safe mechanical condition. The
applicant shall also demonstrate his or her qualifications for operating
a bicycle, his or her knowledge of the vehicular and traffic laws
of the State of New Jersey applicable to bicycle signs and signals,
as well as such rules and regulations as the Police Department may
promulgate with the approval of the Mayor and Council concerning the
operation, equipment and maintenance of bicycles; provided, however,
that the rules and regulations do not conflict with any existing statutes
of the State of New Jersey.
[Ord. #60-0-313; 1967 Code § 13-6; Ord. #73-574]
Persons applying for license and registration tags for each
bicycle to be licensed hereunder shall not be required to pay any
license fee for the same. The licenses, registration tags and renewals
thereof shall expire on the last day of April in each year.
[Ord. #60-0-313; 1967 Code § 13-7]
The owner of any newly acquired bicycle shall make application
for a license and registration tag for such bicycle within 10 days
after the acquisition, at Police Headquarters. Upon compliance by
the applicant with the requirement set forth herein, the Police Department
shall issue to the applicant the license and registration tag.
[Ord. #60-0-313; 1967 Code § 13-8]
The Mayor and Council of the Borough shall cause to be issued
and delivered to each applicant a printed copy of the safety rules
and regulations for the use of bicycles, the substance of which shall
be as follows:
a.
Every bicycle when in use at nighttime shall be equipped with a lamp
on the front which shall emit a white light visible from a distance
of at least 500 feet to the front, and with a lamp on the rear which
shall emit a red light visible from a distance of at least 500 feet
to the rear, and with front and rear reflectors.
b.
No person shall operate a bicycle unless it is equipped with a bell
or other device capable of giving a signal audible for a distance
of at least 100 feet, except that a bicycle shall not be equipped
with, nor shall any person use upon a bicycle, any siren or whistle.
c.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor
shall be ride with his feet removed from the pedals or with both hands
removed from the handlebars, nor shall be practice any trick or fancy
riding in a street. No bicycle shall be used to carry more persons
at one time than the number for which it is designed.
d.
No person riding upon any bicycle shall attach the same or himself
to any vehicle upon a roadway and no operator of any vehicle shall
knowingly allow any person riding upon any bicycle to attach the same
or himself to the vehicle.
e.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels stop on dry, level, clean pavement.
f.
Every person riding or operating a bicycle shall obey all stop signs
and traffic signals in the same manner and to the same extent as would
be required if the person were operating a motor vehicle.
g.
Every person riding or operating a bicycle shall be required to dismount
or walk his or her bicycle across heavily traveled streets.
h.
Every person riding or operating a bicycle shall be required, immediately
before entering a street or sidewalk from any alley or driveway, to
come to a complete stop for the purpose of making an observation in
order to insure that the street or sidewalk is clear of pedestrians
or vehicles.
i.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
j.
Persons riding bicycles upon a roadway shall ride in single file
except on paths or parts of roadways set aside for the exclusive use
of bicycles.
k.
Regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any highway or upon any path set aside for the exclusive
use of bicycles subject to those exceptions stated herein.
[Ord. #60-0-313; 1967 Code § 13-9]
License fees or other monies collected or received under the
provisions of this section shall be forwarded to the Treasurer of
the Borough within 30 days after collection of receipt.
[Ord. #60-0-313; 1967 Code § 13-10]
Every license under this section who sells or transfers ownership
of a bicycle shall report the sale or transfer within 72 hours to
the Police Department by returning the license and registration tag
issued to such person and at the same time furnishing the Police Department
with the name and address of the person to whom the bicycle was sold.
[Ord. #60-0-313; 1967 Code § 13-11]
No person shall willfully or maliciously remove, destroy, mutilate
or alter the registration tag during the period for which such tag
is operative. The substitution of registration tags, not in conformity
with this section is hereby prohibited.
[Ord. #60-0-313; 1967 Code § 13-13]
Any person under the age of 17 who violates any of the provisions
of this section, relating to the vehicle traffic laws or the bicycle
safe-riding rules and regulations and the official police instructions
for the safe operation of a bicycle, shall be, for the first offense,
reprimanded in writing by the Police Department, addressed to the
parents or guardian of the offender, stating the nature of the violations
and a warning that a repetition of the violation or any other violation
must be prevented or the bicycle will be impounded for a period of
time of not less than seven days nor more than 30 days, and during
that period of time, the offender cannot ride his or her bicycle on
the streets. On the second offense, the offender will be summoned
to appear at Police Headquarters with his or her bicycle, accompanied
by a parent or guardian, and after a hearing on the violation if,
in the discretion of the Chief of Police or the Juvenile Aid Officer
and the Bicycle Safety Committee, it is decided to punish the offender
for the violation, the offender's bicycle and registration may be
impounded for a period of time not less than seven days nor more than
30 days, at the discretion of the Chief of Police or the Juvenile
Aid Officer, with the approval, if possible, of the parent or guardian,
but the decision of the Chief of Police shall prevail and the bicycle
impounded. Persons 17 years of age and older who violate the provisions
of this section in addition to the foregoing may be charged, cited
and heard before the Municipal Judge and may, upon conviction, be
subject to a fine not exceeding $5 in the discretion of the Judge
for each offense, and furthermore may be penalized as aforesaid herein.
[Ord. #87; Ord. #67-460; 1967 Code § 68-2]
a.
No person or persons, whether as pedestrians or as occupants or users
of any motor vehicle, motorcycle, scooter, bicycle or other vehicle,
shall fail or refuse to disperse or move away from any public place
when ordered to do so by any police officer of the Borough.
b.
No person or persons, who have been ordered to disperse or move away
from any public place by a police officer of the Borough, and have
complied with such order, shall return to or recongregate as such
public place within a period of three hours of the receipt of such
order. The return of such person or persons within the prohibited
period of time shall be considered as a refusal to so disperse, even
though no further order to disperse or move away is given.
[Ord. #87; Ord. #67-460; 1967 Code § 68-6; New]
As used in this section:
Shall mean refusal to move away from any public place in
the Borough when ordered to do so by any police officer of the Borough,
whenever such loitering interferes with free passage of the public
in that public place.
Shall include any individual, firm or corporation.
Shall mean any street, sidewalk, curb, park, place or public
property or any place where the public is customarily invited within
the Borough.
[Ord. #87; 1967 Code § 68-3]
No person shall go about from door to door or place himself
or herself in the streets to beg.
[Ord. #88-124, § I]
The purpose of this section is to control and regulate the distribution,
sale, circulation and exposure of magazines, pictures, drawings, photographs
and other publications devoted to the presentation and exploration
of sexual acts, normal or perverted, lust, passion, depravity, nudity
and immorality.
[Ord. #88-124, § II]
a.
The word "obscene" wherever it appears in this section shall mean
that which the average person, applying contemporary community standards,
when considered as a whole, has as its dominant theme or purpose,
an appeal to the prurient interest. Any magazine, picture, drawing,
photograph, or other publication designed to sexually stimulate shall
be obscene within the meaning of this section, if it is established
that:
1.
The dominant theme of the material taken as a whole appeals to the
prurient interest; and
2.
The material is patently offensive because if affronts contemporary
community standards, relating to the description or representation
of sexual matters; and
3.
The material is utterly without redeeming social value, or the work
taken as a whole lacks serious artistic, literary, political or scientific
value.
b.
The word "person" as used in this section shall mean any individual,
firm, corporation, partnership or any other type or form of business
which may be conducted in this State.
[Ord. #88-124, § III]
It shall be a violation of this section for any person to sell
or offer to sell by openly exposing to public view any magazine, picture,
drawing, photograph or other publication which is obscene within the
definition of this section.
[Ord. #88-124, §§ IV, V]
a.
Any person as defined above, who shall violate any of the prohibitions of subsection 3-18.3, shall upon conviction be subject to a fine not exceeding $500, or be imprisoned for a term not exceeding 90 days or both, for each and every offense.
b.
Every day that the provisions of this section are violated by any
person as defined herein shall be a separate and distinct violation
of this section.
[Ord. #88-124, § VI]
If any section, or part of this section shall be declared to
be unconstitutional, invalid or inoperative in whole or in part by
any Court of competent jurisdiction, such section or part shall to
the extent that it is not unconstitutional, invalid or inoperative
remain in full force and effect and no such determination shall be
deemed to invalidate the remaining sections or parts of this section.
[Ord. #88-124, § VII]
All ordinances of parts of ordinances, which are inconsistent
with any provision of this section, are hereby repealed as to the
extent of such inconsistencies.
[Ord. #88-124, § VIII]
This section shall take effect immediately upon passage and
publication according to law.
[Ord. #88-131, § 1]
The provisions of this section shall be enforced by the enforcement
agency which shall be the Oakland Police Department.
[Ord. #98-Code-354, § 1]
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling, and other personal use, including
cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any
form.
Shall mean any automated, self-service device, which upon
insertion of money, tokens, or any other form of payment, dispenses
cigarettes or other tobacco products.
[Ord. #98-Code-354, § 2]
It shall be unlawful for any person to offer for sale, or to
give or furnish, any tobacco through a vending machine, unless the
vending machine meets the following requirements of operation:
a.
The vending machine shall be located within a commercial premises.
b.
The vending machine shall dispense tobacco only by the activation
of an electronic switch or electronic device, which is controlled
by the proprietor of the establishment or an employee 18 years of
age or older designated by the proprietor. The electronic switch or
device, which activates the machine, shall operate in such a fashion
that the vending machine shall remain in the "off" position until
activated for each individual sale. The vending machine shall be located
in the direct line of sight of the proprietor or employee who activates
the electronic switch or device.
c.
The proprietor or employee shall, before activating the machine,
have made the determination in accordance with prevailing law that
the person wishing to use the tobacco vending machine is 18 years
of age or older.
[Ord. #98-Code-354, § 3]
It shall be unlawful for any person to tamper with a tobacco
vending machine in any manner, including removal, disconnecting, or
otherwise disabling the electronic activating device or switch.
[Ord. #98-Code-354, § 4]
A violation of any portion of this section shall, upon a first
conviction, result in a fine of up to $100. Upon conviction of a second
violation or subsequent violation of any portion of this section,
a fine of up to $500 shall be imposed.
[1967 Code § 67-1; Ord. #69-491; New]
It shall be unlawful for any person to park or leave standing
any vehicle on lands of another, whether publicly or privately owned
in the Borough, after notice has been posted, as hereinafter provided,
by the owner, occupant, lessee or licensee prohibiting such parking.
Nothing herein contained shall apply to any lands lying within the
bounds of any public street or highway.
[Ord. #05-Code-490]
Any person who is arrested for a violation of the provisions
of R.S. 39:4-50 shall be held in protective custody at an appropriate
police or other facility where the person's condition may be monitored
until the person is no longer a danger to himself or others. A person
is no longer a danger to himself or others when the person's blood
alcohol concentration is less than 0.05% and the person is no longer
under the influence of any intoxicating liquor or narcotic or hallucinogenic
or habit-forming drug to the extent that the person's facilities are
impaired. In no event shall the Borough's law enforcement agency hold
a person in protective custody for a period of longer than eight hours
without providing an appropriate hearing.
[Ord. #05-Code-490]
Notwithstanding the provisions of this section, provided that
it is not a detriment to the public safety, the arresting law enforcement
agency may, because of the age, health or safety of the arrested person,
release the person pursuant to the provisions of P.L. 2001, c. 69
(C. 39:4-0.22 et seq.) or provide an appropriate alternative to protective
custody. The municipality and its law enforcement agency shall not
be subject to liability if a person is released from custody pursuant
to the provisions of this section under the Act.
[Ord. #05-Code-490]
Nothing in this section shall be construed as requiring the
use of State Police facilities by the municipality for purposes of
this section under the Act.
[Ord. #05-Code-498, § I]
The purpose of this section is to establish requirements to
control littering in the Borough of Oakland so as to protect public
health, safety and welfare, and to prescribe penalties for failure
to comply.
[Ord. #05-Code-498, § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. #05-Code-498, § III]
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 or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. #05-Code-498, § IV]
This section shall be enforced by the Police Department of the
Borough of Oakland.
[Ord. #05-Code-498, § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of $50 to $250.
[Ord. No. 06-Code-527,
§ I; amended 6-23-2021 by Ord. No. 21-Code-844]
a.
It is unlawful for any person under the legal age to purchase alcoholic
beverages, or under the legal age to purchase regulated cannabis items,
to knowingly possess without legal authority or to knowingly consume
any alcoholic beverage or regulated cannabis item, or to be under
the influence of alcohol, regulated cannabis items or unregulated
cannabis items in any school, public conveyance, public place, or
place of public assembly, or motor vehicle.
b.
The prohibition contained in this section shall not prohibit an underaged
person from consuming or possessing an alcoholic beverage in connection
with a religious observance, ceremony or rite or consuming or possessing
an alcoholic beverage or a regulated cannabis item 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
or regulated cannabis items.
c.
As used in this section, "guardian" means a person who has qualified
as a guardian of the underaged person pursuant to testamentary or
court appointment. "Relative" means the underaged persons' 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 underaged 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 the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or postsecondary
educational institution, and nothing in this section shall apply to
possession of regulated cannabis items by any such person while actually
engaged in the performance of employment by a regulated cannabis establishment,
distributor, or delivery service as permitted pursuant to the New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act, P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.); however,
nothing in this section shall be construed to preclude the imposition
of a penalty under this section, 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. 06-Code-527,
§ II; amended 6-23-2021 by Ord. No. 21-Code-844]
Any violation of this section shall be subject to punishment
pursuant to N.J.S.A. 2C:33-15.
[Ord. #08-Code-579, § I, 3-1; amended 6-23-2021 by Ord. No. 21-Code-847]
It shall be unlawful for any person under the legal age to smoke
or use a tobacco product or regulated cannabis item, to smoke or use
a tobacco product, regulated cannabis item or unregulated cannabis
item in or on any public place or nonpublic place; and it shall be
unlawful for any person to possess in open view an opened pack, opened
carton or other opened container holding a tobacco product, regulated
cannabis item or unregulated cannabis item, unless otherwise permitted
by law, in any public place or nonpublic place, within a radius of
1,000 linear feet of any public or private school or secondary educational
institution. This section shall not apply to individuals smoking or
using a tobacco product or regulated cannabis item in a nonpublic
place which constitutes the individual’s residence, or the residence
of the minor and his or her parent or parents or guardian.
[Ord. #08-Code-579, § I, 3-2; amended 6-23-2021 by Ord. No. 21-Code-847]
a.
Violations and Penalties Related to Tobacco Products. A person under
the legal age who violates the provisions of this section shall be
subject to the following penalties:
b.
Violations and Penalties Related to Regulated Cannabis Items. A person
who violates the provisions of this section shall be subject to punishment
pursuant to N.J.S.A. 2C:33-15.
[1]
Editor's Note: Former Subsection 3-24.3, Intent, was repealed
6-23-2021 by Ord. No. 21-Code-847. Prior history includes Ord. #08-Code-579
§ I, 3-3.
[Ord. No. 15-Code-724]
No person shall, within the limits of the Borough, maliciously
destroy, damage or injure any property.
[Ord. No. 15-Code-724]
A person violating any of the provisions of this section shall,
upon conviction, be punished by a fine of up to $1,000, or by imprisonment
of up to 30 days.
[Ord. No. 15-Code-724]
No person shall, within the limits of the Borough, obstruct
or interfere with any person lawfully conducting themselves. No person
shall participate in any disorderly assemblage, nor shall any person
in any way breach or disturb the peace.
[Ord. No. 15-Code-724]
A person violating any of the provisions of this section shall,
upon conviction, be punished by a fine of up to $1,000, or by imprisonment
of up to 30 days.
[Ord. No. 15-Code-724]
Public urination and/or defecation in or in view of a public
place is prohibited. For purposes of this section only, a "public
place" is defined as a location where the prohibited conduct may reasonably
be expected to be viewed or could be viewed by others.
[Ord. No. 15-Code-724]
A person violating any of the provisions of this section shall,
upon conviction, be punished by a fine of up to $1,000, or by imprisonment
of up to 30 days.
[Added 11-13-2019 by Ord.
No. 19-Code-794]
a.
The use of privately owned generators located within the Borough
of Oakland shall be limited to periodic testing and during power outages.
b.
Use of a privately owned generator during non-power-outage times
shall result in a fine for each and every day that the generator is
in use. Each day that the generator remains operating during non-power-outage
times shall be considered a new and separate violation. The amount
of the penalty for each violation is $50.
