[Amended 8-29-2016 by Ord. No. 16-15]
a.
Excessive sound is a serious hazard to the public health, welfare,
safety, and the quality of life; and
b.
A substantial body of science and technology exists by which excessive
sound may be substantially abated; and
c.
The people have the a right to, and should be ensured of, an environment
free from excessive sound;
d.
It is the policy of Borough of Fairview to prevent excessive sound
that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life. This section shall apply to the control
of sound originating from sources within the Borough of Fairview.
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this ordinance have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the "C" weighing network
with a sound level meter meeting the standards set forth in ANSI SI-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential services including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life- threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has been the subject
of an enforcement action by any authorized local, county or state
enforcement agency against the violator within the immediately preceding
12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
Properly functioning sound dissipative device or system for
abating the sound on engines or equipment where such device is part
of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples included, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A noise
control investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and is currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by a NCO or an NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the sound.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multidwelling-unit building: or c) on a multiuse
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multiuse property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, musical instrument, loudspeaker, radio,
television, digital or analog music player, public address system
or sound-amplifying equipment.
Any device, as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
a.
This section applies to sound from the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, expect that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
a.
Noise control officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this section and pursue enforcement activities.
b.
Noise control investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise control officers and investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
a.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 3-1.6b of this section and with the definition of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only the casual use such as hallways,
closets and bathrooms.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-1.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II, or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II, III excepts as specified in Subsection 3-1.6b.
b.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not be measured as continuous sound and shall meet the requirement
as shown in Tables I and II.
|
Table I
| |||
|---|---|---|---|
|
Maximum Permissable A-Weighted Sound Levels
| |||
|
When Measured Outdoors
| |||
|
Receiving Property Category
|
Residential property, or residential portion of a multiuse property
|
Commercial facility, public service facility, nonresidential
portion of a multiuse property or community service facility
| |
|
TIME
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissable A-Weighted Sound Levels When Measured Indoors
| |||
|
Receiving Property Category
|
Residential property, or residential portion of a multiuse property
|
Commercial facility, public service facility, nonresidential
portion of a multiuse property, or community service facility
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Permissable Octave Band Sound Pressure Levels in Decibels
| ||||||
|
Receiving Property Category
|
Residential property, or residential portion of a multiuse property,
outdoors
|
Residential property, or residential portion of a multiuse property,
indoors
|
Commercial facilities, public service facility, nonresidential
portion of a multiuse property, or community service facility, outdoors
|
Commercial facility or nonresidential portion of a multiuse
property, indoors
| ||
|
Octave band center frequency, Hz.
|
Octave band sound pressure level, dB
|
Octave band sound pressure level, dB
|
Octave band sound pressure level, dB
|
Octave band sound pressure level, dB
| ||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
7:00 a.m. - 10:00 p.m.
|
7:00 a.m. - 10:00 p.m.
|
7:00 a.m. - 10:00 p.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
6
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
67
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus two dB in the bands
containing the principal source frequencies, discontinue the measurement.
|
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual should level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection 3-1.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
| |
|---|---|
|
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
|
Weeknights 10:00 p.m. — 7:00 a.m.
Weekend nights 11:00 p.m. — 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Table I, II, or III. At all other times the limits set forth
in Tables I, II, or III do not apply. All motorized equipment used
in these activities shall be operated with a muffler and/or sound-reduction
device.
b.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g., golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I,
II, or III. At all other times the limits set forth in Tables I, II,
or II do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
c.
All construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Tables I, II, or III. At all other times the limits set forth
in Tables I, II, or III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound-reduction device.
d.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
e.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II, or III do not
apply.
f.
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
g.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of an resident, or to refuse or intentionally fail to crease
the unreasonable noise when ordered to do so by a noise control officer
or noise control investigator.
1.
Prima facie evidence of a violation of this section shall include
but not be limited to:
(a)
Vocalizing (howling, yelping, barking, squawking, etc.) for
five minutes without interruption, define as an average of four or
more vocalizations per minute in that period; or
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
2.
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
Violations of each paragraph of this subsection shall be considered
purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicles or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 8:00 a.m. and 10:00 p.m.
a.
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the noise control officer or noise
control investigator.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of continuing nature, each day during which it
occurs shall constitute an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the noise control
officer or noise control investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the noise control officer or noise control investigator to be a minor violation (as defined in Subsection 3-1.2 of this section) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the Noise Control Officer or Noise
Control Investigator. It shall be noted that the NOV does not constitute
a formal enforcement action, a final agency action or a final legal
determination that a violation has occurred. Therefore, the NOV may
not be appealed or contested.
e.
If the violation is deemed by the noise control officer or noise
control investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014,
will be issued. If a non-minor violation is immediately corrected,
a NOV without a civil penalty shall still be issued to document the
violation. If the violation occurs again (within 12 months of the
initial violation) a NOPA shall be issued regardless of whether the
violation is immediately corrected or not.
f.
The violator may request from the noise control officer or noise
control investigator an extension of the compliance deadline in the
enforcement action. The noise control officer or noise control investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The noise control officer or noise control investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
a.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of this section shall not be invalidated.
b.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this section, are hereby repealed as to the extent
of such inconsistencies.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy there from, or any
person for injury or damage arising from any violation of this section
or from other law.
[1974 Code § 3-20.1; Ord. No. 19-23 § 1; Ord. No. 95-19]
The following terms shall have the following meanings as used
herein:
Shall mean the combination of sensory apparatus and related
hardware which, when activated by the appropriate stimulus, produces
a signal making known the existence of an emergency situation and
requiring immediate investigation and response by law enforcement
agencies and/or the Fire Department.
Shall mean the Borough of Fairview.
Shall mean the activation of an alarm system through mechanical
failure, malfunctions, improper installation or the negligences of
the owner or lessee of such alarm system or his family, employees
or agents. False alarm shall not include alarms caused by hurricanes,
tornadoes, earthquakes or other acts of God.
Shall mean the Fire Chief, Deputy Chief and Battalion Chief.
Shall mean the Fairview Chief of Police.
Shall mean the Fairview Police Department.
[1974 Code § 3-20.2; Ord. No. 19-23 § 2; Ord. No. 84-6]
After a maximum of three false alarms in any calendar year,
the owner or lessee of any alarm system shall be assessed a fee of
$30 upon the occurrence of the fourth false alarm and each subsequent
false alarm during such calendar year. Such fee shall be paid to the
Borough, provided that the Police Department or Police Chief has given
written notification of its determination that a false alarm had occurred
to the owner or lessee of such device within 30 days of each of the
previous three instances where a false alarm had occurred.
[1974 Code § 3-20.2; Ord. No. 19-23 § 3]
The Police Chief shall cause a written notice to be mailed to
the owner or lessee of the alarm system within 30 days of the fourth
and each additional false alarm setting forth the fee due and payable
under this section.
[1974 Code § 3-20.4; Ord. No. 19-23 § 4]
Police Officers responding to all false alarms shall file a
written report indicating all pertinent information pertaining thereto
and finding as to whether such false alarm was caused by human carelessness,
mechanical failure or by any other cause.
[1974 Code § 3-20.5; Ord. No. 19-23 § 5]
If a determination is made by the Police Department that the
false alarm was caused by a malfunction or mechanical failure of the
equipment as opposed to human carelessness or other cause, written
notice of such determination shall be given to the owner or lessee
of the alarm system within 30 days thereof, who shall cause the same
to be repaired promptly thereafter.
[1974 Code § 3-20.6; Ord. No. 19-23 § 6]
In addition to the fee or fees payable under Subsection 3-2.2, if three or more false alarms are caused by malfunction or mechanical failure of the alarm system, the Borough shall have the right to require the owner or lessee of such alarm system to disconnect the same until such time as it has been repaired, and the Borough shall not be responsible during the period the same is disconnected for any losses incurred by the owner or lessee.
[1974 Code § 3-20.7; Ord. No. 19-23 § 7]
Any owner or lessee may present evidence that a false alarm
was in fact not caused by human carelessness or negligence or mechanical
failure or malfunction, and the Police Chief may act upon such evidence
and determine that such was not in fact a false alarm but was caused
by hurricane, tornado or other violent act of God.
[Ord. No. 95-19]
If two fire alarm malfunctions occur within a twenty-four-hour
time period, the owner or lessee of the fire alarm system shall be
assessed a fine not to exceed $500 upon the occurrence of the second
malfunction and each subsequent malfunction within a twenty-four-hour
time period.
[Ord. No. 95-19]
The Fire Department shall investigate the cause of the alarm
and shall attempt to reset the alarm once. If the Fire Department
is unable to reset the alarm after one attempt, the Fire Department
shall notify the building representative, central station or the owner
of the fire alarm. Upon notification from the Fire Department the
owner or lessee must have the alarms serviced within 24 hours of the
notification of the malfunction. Failure of the owner or lessee to
correct the malfunction within 24 hours of notification by the Fire
Department shall result in a fine not to exceed $500. Anyone tampering
with the alarm system or resetting the alarms prior to the arrival
of the Fire Department shall be subject to a fine not to exceed $2,000.
[Ord. No. 95-19]
All owners or lessees of a fire alarm system who retain a contractor
to install or repair a fire alarm system in an alarm monitored building
shall notify the Fairview Police Department (943-2100) and the Bureau
of Fire Prevention (945-3040) of the work to be performed and the
commencement and completion date of the work to be performed. While
the work is being performed, the contractor shall leave their name
and telephone number in a conspicuous location next to the alarm panel.
Failure of the owner and/or contractor to provide the information
set forth in this subsection shall result in a fine not to exceed
$500. If a contractor causes two or more alarm malfunctions within
a twenty-four-hour period and after a verbal or written warning is
given by either the Fire Chiefs or Fire Official, the contractor causing
the malfunction of the alarm shall be subject to a fine not to exceed
$500.
[Ord. No. 95-19]
The owners or lessees of a fire alarm system shall post the
following information in a conspicuous location next to the alarm
panel:
a.
The name, address and twenty-four-hour telephone number of the owner
or representative;
b.
The name, address and twenty-four-hour telephone number of the alarm
monitoring company; and
c.
The name, address and twenty-four-hour telephone number of the alarm
service company.
Failure to provide the information set forth in this subsection
shall subject the owner to a fine not to exceed $500.
[Ord. No. 95-19]
All public buildings shall be exempt from the provisions of
this section. Contractors, however, retained by public entities will
not be exempt from the provisions of this section.
[1974 Code § 3-2.1; Ord. No. 89-6 § 1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly.
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any Court or otherwise.
Shall mean any place to which the public has access and shall
include any street, highway, road, alley, or sidewalk. It shall also
include the front or the neighborhood of any store, shop, restaurant,
tavern or other place of business, and public grounds, areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section, or in the case of a minor, not owned or under the control
of his parent or guardian.
[1974 Code § 3-2.2; Ord. No. 89-6 § 2]
No person shall loiter in a public place in such manner as to:
a.
Create or cause to be created a danger which will result in an immediate,
actual, physical, violent reaction from any person, which violent
reaction will cause a threat to the peace and order of the public.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest, or interfere with any person lawfully in any public place as defined in Subsection 3-3.1. This subsection shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[1974 Code § 3-2.3; Ord. No. 89-6 § 3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 3-3.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being so ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1974 Code § 3-2.4; Ord. No. 89-6 § 4]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
[1974 Code § 3-2.5; Ord. No. 89-6 § 5]
Whenever any minor under the age of 18 years is charged with
a violation of this section his parent or guardian shall be notified
of this fact by the Chief of Police or any other person designated
by him to give such notice.
[1974 Code § 3-2.6; Ord. No. 89-6 § 6]
If at any time within 30 days following the giving of notice as provided for in Subsection 3-3.5, the minor to whom such notice relates again violates this section, it shall be resumed in the absence of evidence to the contrary that the minor did so with knowledge and permission of his or her parent or guardian.
[1]
Editor's Note: Former § 3-4, Juvenile Curfew, was
repealed 6-22-2015 by Ord. No. 15-6.
[Ord. No. 97-26 § 1]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug-Free School Zone Map produced on or about November
1987, by Boswell McClave Engineering, is hereby amended with the new
map produced on or about May 17, 1993, and is hereby approved and
adopted as the new official finding and record of the location and
areas within the municipality of property which is used for school
purposes and which is owned by or leased to any elementary school
or school board and of the areas on or within 1,000 feet of such school
property.
[Ord. No. 97-26 § 2]
The Drug-Free School Zone Map, approved and adopted pursuant to Subsection 3-5.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[Ord. No. 97-26 § 3]
The school board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary school or school board which is used for school
purposes.
[Ord. No. 97-26 § 4]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-5.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Bergen County Prosecutor.
[Ord. No. 97-26 § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 3-5.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of the elementary schools within the municipality.
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board.
3.
That such school property is and continues to be used for school
purposes.
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
Pursuant to the provisions of P.L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-5.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property, which have not yet been incorporated into a revised approved map, shall be deemed to be an official finding and record that such property is not owned by or leased to a school or school board or that such property is not used for school purposes.
c.
All of the requirements set forth in P.L. 1988, c. 44 concerning
the preparation, approval and adoption of a Drug-Free School Zone
Map have been complied with.
[Ord. No. 98-18 § 1]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-1.1, the Drug-Free Public Property Zone Map produced on or about
May 7, 1998, prepared by Boswell McClave Engineering, is hereby approved
and adopted as the new official finding and record of the location
areas within the municipality of property which is used as a public
housing facility, public park or public building and of the areas
on or within 500 feet of such public property.
[Ord. No. 98-18 § 2]
The Drug-Free Public Property Zone Map approved and adopted pursuant to Subsection 3-6.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property owned by or leased to any public entity which is used for public purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public property and drug-free public property zones.
[Ord. No. 98-18 § 3]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-6.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy along with a certification that such is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Bergen County Prosecutor.
[Ord. No. 98-1 § 4]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to Subsection 3-6.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such maps shall constitute prima facie evidence of the following:
1.
Location of the public properties within the municipality;
2.
The boundaries of the real property which is owned by or leased to
public entities;
3.
That such public property is and continues to be used for public
purposes; and
4.
The location and boundaries of areas which are on or within 500 feet
of such public property.
b.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-6.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public purposes and which is owned by or leased to any public entity whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property, which have not yet been incorporated into a revised approved map, shall be deemed to be an official finding and record that such property is not owned by or leased to a public entity or that such property is not used for public purposes.
c.
All the requirements set forth in N.J.S.A. 2C:35-7.1 concerning the
preparation, approval and adoption of a Drug-Free Public Property
Zone Map have been complied with.
[Ord. No. 00-7 § 1;
amended 4-20-2021 by Ord. No. 21-06]
In accordance with and pursuant to the authority of P.L. 1999,
c. 185, the following is a list of school crossings which have been
so designated by the Borough of Fairview:
Lincoln Street at its intersection with Fairview Avenue
Hamilton Avenue at its intersection with Day Avenue
Anderson Avenue at its intersection with Kennedy Drive
Anderson Avenue at its intersection with Walker Street
Anderson Avenue at its intersection with Delano Place
Bergenwood Road at its intersection with Fairview Avenue
Sixth Street at its intersection with Kamena Street
Walker Street at its intersection with Sixth Street
Walker Street at its intersection with Fourth Street
Cliff Street at its intersection with Sixth Street
Fairview Avenue at its intersection with Sedore Avenue
[Ord. No. 00-7 § 2]
The Drunk-Driving-Free School Zones Map dated May 18, 1993 revised
through February 14, 2000 with subsequent amendments by Boswell McClave
Engineering, Borough Engineer is hereby approved and adopted as an
official finding and record of the location and areas within the municipality
of property which is used for school purposes and which is owned by
or leased to any elementary or secondary school on school land and
of the areas on or within 1,000 feet of such school property.
[Amended 6-1-2015 by Ord. No. 15-4]
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.
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.
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,
or road located in the Borough of Fairview 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 or genitals. No person shall dress or undress in any
public place or in public view within the Borough of Fairview.
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
a1.
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.
No person shall solicit or distribute any object, including
literature, on the public streets in the Borough of Fairview. Distribution
of any object, including literature, on the public streets or sidewalks
of the Borough of Fairview 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.
No person or persons shall, within the limits of this Borough,
create any disturbance by violence.
No person or persons shall, within the limits of this Borough,
maliciously destroy, damage or injure any property.
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.
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.
Each and every one of the acts hereinbefore declared to be unlawful
are hereby declared and considered nuisances.
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.
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.
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.
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.
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 and no more than $1,250, 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.
[1974 Code § 3-25.1; Ord. No. 94-12 § 1]
Graffiti on buildings and tangible personal property has resulted
in damage and defacing of public and private property and has contributed
to the degradation and blight of neighborhoods and private and public
places and facilities. The easy application and accessibility of spray
paint and indelible markers has facilitated their misuse and hinders
enforcement agencies in prevention and apprehension.
[1974 Code § 3-25.2; Ord. No. 94-12 § 1]
As used in this section:
Shall mean any letters, numbers, word or words, writing,
inscription, symbol, drawing, carving, etching or other marking of
any nature whatsoever which defaces, obliterates, covers, alters,
damages, mars or destroys the real or personal property of another.
It shall not include the occasional marking of the public sidewalks
or streets with chalk for traditional children's games.
Shall mean any felt tip marker, china marker or similar device
or implement that contains a fluid which is not water soluble and
which has a flat or angled writing surface 1/2 inch or greater.
Shall mean a person under 18 years of age.
Shall mean any container or other device which contains paint
or other pigmented substance, which is intended to expel the paint
or pigment without the aid of additional devices or substances, and
includes an aerosol spray paint can as it is commonly known.
[1974 Code § 3-25.3; Ord. No. 94-12 § 1]
a.
No person shall, without the prior consent of the owner, place, write,
paint, draw, figure, inscribe or mark or cause any graffiti to be
placed upon any public property or the real or personal property of
another.
b.
No person or entity, shall sell, offer for sale or transfer any spray
paint container or indelible marker to a minor, unless the minor is
accompanied by a parent or legal guardian at the time of the purchase
or transfer.
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.
No person shall possess a spray paint container or indelible marker
in any public building, or upon any public facility or private property
with the intent to use same to deface a public building, facility
or private property, absent express permission to the contrary.
e.
Any parent, guardian or custodian in charge of a minor who is convicted
of violating this section who has neglected to properly supervise
such minor, shall be presumed to have aided and assisted, allowed
and/or permitted the minor in violation of the provisions of this
section.
[Ord. No. 03-37]
Any graffiti placed upon personal property of another must be
removed by the property owner within 72 hours of notification from
the municipality. The person responsible for placing the graffiti
shall make monetary restitution to the property owner for the cost
of the removal. In the event the responsible party cannot be determined,
the property owner must pay for the costs of removal or elect to have
the municipality remove the graffiti. If the municipality removes
the graffiti the property owner shall be responsible to reimburse
the municipality for the cost of said removal. If the property owner
fails to either remove the graffiti or elect to have the municipality
remove the graffiti within 72 hours the municipality shall remove
the graffiti and the property owner shall reimburse the municipality
for the cost of same.
[1974 Code § 3-25.4; Ord. No. 94-12 § 1]
Unless jurisdiction for an offense hereunder shall be vested
in the Superior Court of New Jersey, Chancery Division, Family Part
pursuant to N.J.S.A. 2A:20, New Jersey Code of Juvenile Justice, any
person who violates the provisions of this section shall, upon conviction,
be subject to a fine not to exceed $500, imprisonment not exceeding
45 days and as an additional condition of sentencing a requirement
to restore the property to its prior condition which is the subject
of the graffiti or make monetary restitution, in the court's discretion.
If the court orders monetary restitution, the property owner is required
to utilize the funds in order to restore the property to its pre-graffiti
condition.
Any person, convicted of a second or subsequent violation, shall
be subject to a fine not exceeding $1,000, imprisonment not to exceed
90 days, restoration of the property or monetary restitution, all
in the discretion of the court. If the court orders monetary restitution,
the property owner is required to utilize the funds in order to restore
the property to its pre-graffiti condition.
A separate offense shall be deemed committed on each day on
which a violation occurs.
[1974 Code § 3-21.1; Ord. No. 84-4 § 1; New]
No person shall detain or fail to return any book or articles
borrowed from the Free Public Library of the Borough of Fairview or
any material in the custody of the Fairview Public Library after 30
days has elapsed from the 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.
[1974 Code § 3-21.2; Ord. No. 84-4 § 2]
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 Free Public Library.
[1974 Code § 3-21.3; Ord. No. 84-4 § 3]
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 from the library.
[1974 Code § 3-21.4; Ord. No. 84-4 § 4]
No minor shall be issued a library card by the 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 3-13.1 — 3-13.3 above.
[New]
All patrons using the public computers and/or the internet must
abide by the policies set forth by the Fairview Free Public Library
Board of Trustees. Misuse of the computers' hardware or software will
result in loss of library privileges. Anyone under the age of 18 must
have parental consent before they are permitted to use the internet.
[1974 Code § 3-21.5; Ord. No. 84-4 § 5; New]
Any person violating any provisions of this section shall be
subject to a fine of up to $500 or the value of the materials, whichever
is greater.
[1974 Code § 3-14; Ord. No. 10-25]
No person shall hereafter exhibit, store, offer for sale, or
otherwise display in any manner whatsoever, any foodstuffs or any
merchandise of any description, on the sidewalks or public streets
or other outdoor public places in the Borough, whether the foodstuffs
or other merchandise be in containers, stands on a vehicle, or on
the sidewalk itself.
[1974 Code § 3-15.1]
As used in this section:
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood or other material such as is generally provided
by merchants for carting or carrying merchandise or food stuffs to
automobiles or other places.
Shall mean street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, crosswalk, sidewalk, parks, parking
lots, parking areas and places used by the general public.
[1974 Code § 3-15.2]
It shall be unlawful for any person to remove a cart as defined
herein from the property of any food-dispensing establishment. Further,
it shall be unlawful for any food-dispensing establishment to permit
or allow any person to remove a cart as defined herein from the property
of the food-dispensing establishment.
[1974 Code § 3-15.3]
It shall be unlawful for any person, his agent or employee,
to leave or suffer or permit to be left, any cart, either owned by
him or in his possession, custody or control, upon any sidewalk or
street.
[1974 Code § 3-15.4]
The Borough shall remove or cause to be removed any cart found
upon any sidewalk or street, and shall take same to Borough property
where it shall be held until redeemed, sold or otherwise disposed
of as hereinafter provided.
[1974 Code § 3-15.5; Ord. No. 96-24; Ord. No. 04-20]
Whenever the Borough shall take any cart containing identification
of ownership or right to possession, a notice shall be sent by ordinary
mail to such person advising that such cart is held by the Borough
and that the cart may be redeemed upon payment of $10 to the Borough.
The owner of such cart shall print upon such and each cart the name
of the owner.
[1974 Code § 3-15.6; Ord. No. 96-24 § 1; New; Ord. No. 04-20]
Such cart may be redeemed by the owner thereof at any time prior
to a sale, dismantling, destruction or disposal thereof and he shall
be entitled to receive such cart upon the payment of the sum of $10.
No cart shall be delivered to a person seeking to redeem, unless proof
is submitted establishing to the satisfaction of the Borough such
person's ownership or right to possession. Any delivery to a person
deemed entitled thereto by the Borough from the proof submitted, shall
be an absolute defense of the Borough against any other person claiming
to be entitled thereto.
[1974 Code § 3-15.7; Ord. No. 96-24 § 1; New; Ord. No. 04-20]
When any cart remains in the custody of the Borough for a period
of 15 days after removal and with respect to which no person has presented
to the Borough proof establishing to its satisfaction such person's
ownership or right to possession, the Borough shall give public notice
in its official newspaper that, at a specified place and time, not
less than five days after such notice is published, the cart will
be sold at public auction for not less than $10 plus the costs of
advertising the sale. If, after such notice of sale is given, any
person desires to redeem any cart prior to sale, such person shall
pay the Borough for redemption the sum of $10 plus the cost of advertising
the sale. A general description of the cart to be sold shall be sufficient.
The sale shall be conducted by such person as the Borough Council
shall designate.
[1974 Code § 3-15.8]
If the cart is not sold at public auction, the Borough may offer
it again for sale or may dismantle, destroy or otherwise dispose of
the same.
[1974 Code § 3-15.9]
Any disposition of such cart made pursuant to this section shall
be made without any liability of the Borough to the owner of such
cart or other person lawfully entitled thereto or having an interest
therein.
[1974 Code § 3-15.10]
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the Borough.
[1974 Code § 3-15.11]
This section shall not apply to any cart or personal property
which may come into the possession or custody of any department of
the Borough pursuant to any other ordinance, law or regulation.
[1974 Code § 3-19.1; Ord. No. 76-8]
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:
[1974 Code § 3-19.2; Ord. No. 76-8]
No person shall discard any container, bottle, can, debris,
garbage or junk upon any public street, road or upon any public place
or property or upon any private property without the permission of
the owner, which permission shall be subject to any other ordinance
or laws effecting such disposition of the aforementioned.
[1974 Code § 3-19.3; Ord. No. 76-8]
No person shall be intoxicated or drunk in any public omnibus,
store, restaurant or any public street or roadway or public place
or property.
[1974 Code § 3-19.4; Ord. No. 76-8]
No person shall annoy, disturb, molest or block free passage
of any person on any public street, roadway, place or property or
conveyance; nor shall any person utter any language of an immoral,
profane or vile nature to any other person in the aforementioned place
or places.
[1974 Code § 3-19.5; Ord. No. 76-8]
Nothing contained in this section 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
or such persons to whom such authority has been granted by the Mayor
and Council.
[1974 Code § 3-19.6; Ord. No. 76-8]
Any person who shall violate the provisions of this section
shall, upon conviction, be subject to a fine of not more than $100
or to be imprisoned for not more than 10 days or both.
[Ord. No. 01-24 § A]
It shall be unlawful for a person under the legal age to possess
or consume alcoholic beverages on private property in the Borough
of Fairview, except as provided for herein.
[Ord. No. 01-24 § C]
a.
Those persons under the legal age who are engaged in the employment
of an establishment, place or business which serves alcoholic beverages
and are required to deliver or place alcoholic beverages on display
are exempt from this section for the course of their employment at
that place.
b.
Any underage person or persons who possesses or consumes alcoholic
beverages in connection with religious observance, ceremony or rite
or who consumes or possesses 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
is exempt form this section.
[Ord. No. 01-24 § B]
Those person or persons who violate this section shall be subject to a fine of $250 for the first offense and $350 for any subsequent offense. In addition, they may also be subject to the imposition of a penalty which suspends or postpones for six months the driving privileges of that person. Such suspension or postponement shall be in accordance with the provisions of Public Law 2000, Chapter 33.
[Ord. No. 05-20 § I]
a.
Purpose. The purpose of this section is to establish requirements
to control littering in the Borough of Fairview, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[1974 Code § 3-5.2; Ord. No. 88-6 § 3]
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public or private
property, other than a litter receptacle.
[1974 Code § 3-5.2; Ord. No. 88-6 § 3; Ord. No. 05-20 § 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.
[1974 Code § 3-5.3; Ord. No. 88-6 § 4]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
Litter receptacle means a container suitable for the depositing
of litter.
[1974 Code § 3-5.4; Ord. No. 88-6 § 5; Ord. No. 05-20 § 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.
[1974 Code § 3-5.5; Ord. No. 88-6 § 6]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[1974 Code § 3-5.6; Ord. No. 88-6 § 7]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[1974 Code § 3-5.7; Ord. No. 88-6 § 8]
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
[1974 Code § 3-5.8; Ord. No. 88-6 § 9; Ord. No. 03-44; Ord. No. 04-28]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots, parking lots and residential lawns, except
in a fully enclosed structure, any motor vehicle, trailer or semitrailer
which is: (a) missing tires, wheels, engines, or any essential parts;
or (b) which displays extensive body damage or deterioration; or (c)
which does not display a current, valid State license; or (d) which
is wrecked, disassembled or partially disassembled.
[1974 Code § 3-5.9; Ord. No. 88-6 § 10]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any highway unless such a vehicle is constructed or loaded
to prevent any of its load from dropping, shifting, leaking or otherwise
escaping therefrom. Any person operating a vehicle from which any
glass or objects have fallen or escaped, which could cause an obstruction,
damage a vehicle, or otherwise endanger travelers or public property,
shall immediately cause the public property to be cleaned of all glass
or objects and shall pay the costs therefor.
[1974 Code § 3-5.10; Ord. No. 88-6 § 11]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during, or after completion of any construction or
demolition project. It shall be the duty of the owner, agent, or contractor
in charge of a construction site to furnish containers adequate to
accommodate flyable or nonflyable debris or trash at areas convenient
to construction areas, and to maintain and empty the receptacles in
such manner and with such a frequency as to prevent spillage of refuse.
[1974 Code § 3-5.11; Ord. No. 88-6 § 12]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins or containers
on his or her property.
[1974 Code § 3-5.12; Ord. No. 88-6 § 13]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material. No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All sweepings shall be collected and properly
containerized for disposal.
[Ord. No. 03-44]
It shall be unlawful for any residential property owner to park
or permit the parking of any motor vehicle on their property which
is unregistered or uninsured.
[Added 6-1-2015 by Ord.
No. 15-5]
a.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough, nor shall any person hand out or distribute or sell any
commercial handbill in any public place; provided, however, that it
shall not be unlawful on any sidewalk, street or other public place
within the Borough for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
b.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
c.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
d.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises if requested by anyone thereon
not to do so or if there is placed on said premises in a conspicuous
position near the entrance thereof a sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement" or any similar notice
indicating in any manner that the occupants of said premises do not
desire to be molested or have their right of privacy disturbed or
to have any such handbills left upon such premises.
e.
Inhabited private premises.
1.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted, as provided in this article, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises if such handbill
is so placed or deposited as to secure or prevent such handbill from
being blown or drifted about such premises or sidewalks, streets or
other public places and except that mailboxes may not be so used when
so prohibited by federal postal law or regulations.
2.
Exemption for Mail and Newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States nor
to newspapers (as defined herein), except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
[Added 6-1-2015 by Ord.
No. 15-5]
No person shall post or affix any sign, advertisement, notice,
poster or other paper or device calculated to attract the attention
of the public to any lamppost, public utility pole or tree, sidewalk,
fence or upon any public structure or building except as may be authorized
or required by law.
[1974 Code § 3-5.13; Ord. No. 88-6 § 14; Ord. No. 05-20 §§ IV, V]
a.
Enforcement. This section shall be enforced by the Police Department,
Health Department and/or Building Department of the Borough of Fairview.
b.
Penalties. Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000 or
imprisonment for a period not to exceed 90 days or both.
[Ord. No. 10-11 § I]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids form the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Fairview and/or the waters of the State as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 10-11 § 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 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 Fairview or other public body, and is
designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 10-11 § III]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Fairview.
[Ord. No. 10-11 § IV]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 10-11 § V]
This section shall be enforced by the Police Department and/or
other municipal officials of the Borough of Fairview.
[Ord. No. 10-11 § VI]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[1974 Code § 3-10.1]
It has been brought to the attention of the Borough Council,
through the public press and other public media that because of the
use in certain businesses, of plastic coverings or bags, supplied
to its customers, a condition, dangerous to the life and safety of
the children of this community, does exist. The nature of certain
plastic coverings or bags by their material content and construction
is such as to prevent the free passage of air through the same, thereby
creating the possibility of suffocation thereby. The absence of proper
supervision and regulation of the use of the aforesaid plastic coverings
or bags would result in serious danger to the health, safety and general
welfare of the children of the Borough. As a result thereof it has
become necessary for the Borough Council to invoke its police powers
in order to protect the health, life, safety and general welfare of
the children of the Borough.
[1974 Code § 3-10.2]
The Borough Council finds, determines and declares:
a.
That a certain public emergency exists by reason of the uncontrolled
sale and use of certain plastic coverings and bags by certain businesses
in the Borough.
b.
That to prevent such danger to health, life, safety and welfare,
of our children, preventive action by the Borough Council is imperative.
c.
That the absence of proper supervision, regulations and controls
of the aforesaid plastic coverings and bags would result in serious
danger to the health, life, safety and welfare of the children of
the Borough.
d.
That supervision, regulations and controls therefore, are urgently
needed to prevent these dangers.
[1974 Code § 3-10.3]
As used in this section:
Shall mean any sheet, covering or bag and receptacle manufactured
from material commonly known as "plastic" or "polyethylene" or any
combination thereof.
Shall mean the rules and regulations of the Health Officer
of the Borough and any amendments, modifications or repealers thereof.
[1974 Code § 3-10.4]
The sale or use of plastic coverings or bags, whether for profit
or otherwise, by any businesses, shall be unlawful unless such plastic
coverings or bags shall be such as manufactured or constructed so
as to permit free passage of air through the plastic or polyethylene
material.
[1974 Code § 3-10.5]
The powers and duties of the Health Officer shall be to make,
promulgate, adopt, amend, modify, repeal and enforce such reasonable
general and uniform rules and regulations as he may deem necessary:
a.
To adequately effectuate the terms and provisions of this section.
b.
For the exercise by him of the function, powers and duties conferred
upon him herein.
d.
Any regulations or order issued in accordance with the provisions
of this section by the Health Officer may be such as to contain such
classification and differentials as may provide for adjustment or
reasonable exception, as in his judgment are necessary or proper in
order to effectuate the purpose of this section.
e.
No regulation of the Health Officer or any amendment, modification
or repealer thereof shall take effect until five days after it has
been filed with the Borough Clerk.
[1974 Code § 3-10.6]
It shall be unlawful for any person who owns or operates a place
of business in the Borough wherein plastic coverings or bags are sold
or furnished to customers of the business in connection with the sale
of any commodity whatsoever, or with the rendering of any service
whatsoever to the customers, to use the aforesaid, unless such person
shall have first submitted to the Health Officer, a sample of the
plastic covering or bags, and shall have received from the Health
Officer his written approval for the use of the same.
[Added 10-5-2015 by Ord. No. 15-17]
The Mayor and Borough Council of the Borough of Fairview hereby
find and determine that:
a.
The smoking of tobacco products is a major contributor to indoor
air pollution and breathing secondhand smoke is a cause of disease
to nonsmokers;
b.
Reliable studies have shown that environmental tobacco smoke is a
cause of cardiovascular disease in nonsmokers and that breathing environmental
tobacco smoke is a significant health hazard for children, the elderly,
and individuals with cardiovascular disease, impaired respiratory
function, and asthma;
c.
The United States Department of Environmental Protection (USEPA)
has designated secondhand smoke as a Class A carcinogen as well as
a significant cause of respiratory problems in children;
d.
The U.S. Surgeon General has found that the active smoking of tobacco
products and the passive inhalation of environmental tobacco smoke
are the most prevalent causes of preventable death, disease and disability;
e.
The U.S. Surgeon General has found that separating smokers from nonsmokers
within the same air space does not eliminate the exposure of nonsmokers
to environmental tobacco smoke;
f.
The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire;
g.
Smoking leads to the inevitable discard of tobacco products and a
source of litter by those who fail to properly dispose of cigar, cigarette,
pipe or other combustible tobacco product in any manner or in any
form.
h.
The State Legislature has deemed the control of smoking to be a necessary
and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1
and 40:48-2 et seq.; N.J.S.A. 26:3D-46 et seq.[1]; and N.J.S.A. 2C:33-13 for the preservation of public
health, safety and welfare of the community.
[1]
Editor's Note: N.J.S.A. 26:3D-46 et seq. was repealed effective
4-15-2006. See now N.J.S.A. 26:3D-55 et seq.
As used in this section:
The walkways, parking areas, driveways, lawns, yards, gardens
of any public building and all accessory structures, improvements
or appurtenances used for the management, operation, or maintenance
of the public building.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any building, structure, facility or complex used by the
general public, or to which the general public is invited, including
appurtenant parking areas; which is owned, leased, operated or under
the ownership or control of the Borough of Fairview or the Fairview
Board of Education.
The inhaling, exhaling, burning, or possession of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form, including the vapor from electronic smoking
devices.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
a.
Every room, chamber, lobby, hallway, restroom, plaza, and other common
areas in and upon any public building;
b.
Any entrance or exit areas of any public buildings where smoke may
enter the air people breathe through such entrances, exits, windows
or ventilation systems.
c.
Any vehicles owned and/or leased, in part or entirely, by the Borough
of Fairview.
d.
On any public property including parks, recreations areas, ball fields,
playgrounds, and water parks. This prohibition on smoking shall not
apply to individuals in privately owned vehicles, provided that all
debris is retained within the vehicle.
"Smoking" or "No Smoking" signs, as appropriate, or the international
"No Smoking" symbol (a picture of a burning cigarette inside a red
circle with a red bar across it) shall be clearly and conspicuously
posted by the owner, operator, manager, employer or such other person
in control of every public building where smoking is controlled by
this chapter. The color of such signs, when not of the international
type, shall have letters that are distinct, contrasting to the background
and easily read. Letters shall have a minimum height of three-quarters
of an inch and should be posted in English and such other languages
as the governing body approves. The "No Smoking" signs shall be posted,
at a minimum, on every doorway which provides an entry to the building.
The "Smoking" signs shall be posted only in those areas so designated
by the governing body provided by this chapter.
The provisions of this article shall be enforceable by a police
officer, employee or elected official of the Borough of Fairview,
as well as by any other individual who observes a violation. Any person
seeking to enforce the provision of this section shall be authorized
to file a complaint in the Municipal Court of the Borough of Fairview.
a.
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this chapter.
b.
Unless a greater fine is permitted under N.J.S.A. 26:3D-56 et seq.
for smoking in specific areas defined therein, in which case such
higher level of fine shall be utilized, any person who smokes in an
area in which smoking is prohibited shall be guilty of a disorderly
persons offense and subject to a maximum fine of $200 for each violation
pursuant to N.J.S.A. 2C:33-13.
c.
Any person found guilty defacing, tampering with or removing "No
Smoking" or "Smoking" signs which are required by this chapter shall
be guilty of a disorderly persons offense and subject to a maximum
fine of $200, plus the cost of replacing said sign(s).
d.
Any juvenile adjudicated to have violated the provisions of this
article shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this chapter.
[1974 Code § 3-9.1]
The operation of certain business on a Sunday by some tends
to compel, through competitive pressures, all businesses to remain
open every day of the week for long hours, thereby contributing to,
or resulting in the physical or moral debasement of the persons involved
and disrupting the peace, quiet and rest of the residents of the Borough.
The physical, intellectual and moral good of the community requires
a day offering peace and quiet and free from the working day's noise
and pressure. Some particular day must be fixed, the one selected
should be that which is regarded by the greatest number of citizens
as most appropriate, either by virtue of custom or private religious
beliefs.
The public policy of our State is against all worldly employment
on Sundays, except works of charity and necessity. The cessation of
such activity on Sunday is for the general good, welfare and quiet
of the community.
The governing body recognizes and acknowledges that work or
labor performed on a Sunday by a person for himself or his family
on his own premises and not for worldly or gainful employment is a
private right to be protected and not to be prohibited or restricted
as worldly employment on a Sunday should be.
[1974 Code § 3-9.2; Ord. No. 11-18]
a.
On Sunday, it shall be unlawful for any person whether it be at retail,
wholesale or by auction, to sell, attempt to sell or offer to sell
or to engage in the business of selling clothing or wearing apparel,
building and lumber supply materials, furniture, home or business
or office furnishings, household, business or office appliances, except
as works of necessity and charity or as isolated transactions not
in the usual course of the business of the participants.
b.
BUILDING AND LUMBER SUPPLY MATERIALS
CLOTHING AND WEARING APPAREL
ENGAGE IN SELLING
FURNITURE
HOME FURNISHINGS
HOUSEHOLD APPLIANCES
OFFER TO SELL
SELL
For purposes of this section, the following definitions apply:
Shall mean and include all items used in the construction
of buildings, whether residential or industrial, and particularly,
but not limited to lumber, cement, building blocks, sashes, frames,
windows, doors and related items.
Shall mean and include any article or articles to be worn
on the person by man, woman, or child as bodily covering or protection,
including garments of all types, headwear and footwear.
Shall mean the attempt to sell or to induce an immediate
or future transfer of any such merchandise by describing, explaining,
extolling or identifying any such merchandise while the seller is
in personal contact with the potential purchaser.
Shall include all articles of furniture used inside or outside
a house or office, including chairs, tables, beds, desks, wardrobes,
dressers, bureaus, cupboards, cabinets, bookcases, sofas, couches,
and related items; and materials especially designed and prepared
for assembly into furniture; and all such furniture, whether finished
or unfinished, painted or unpainted.
Shall include items of equipment and furnishings used in
a home or office, such as floor coverings, lamps and lighting fixtures,
household linens, drapes, blinds, curtains, mattresses, bed coverings,
mirrors, china, kitchenware and kitchen utensils, silverware, cutlery.
Shall include stoves, heating devices, cooking equipment,
refrigerators, air conditioning equipment, electric fans, clocks,
radios, toasters, television sets, washing machines, dryers, and all
such electrical and gas appliances used in the home.
Shall mean the acceptance of bids or proposals for the purchase
of goods at a future date or the attempt to induce a sale as hereinabove
defined, or the attempt to induce an immediate transfer of any such
merchandise, but not to include advertising or display of any such
merchandise, which merchandise is not available for purchase on Sunday.
Shall mean to enter into an agreement whereby the seller
transfers ownership of property in the goods or an interest in the
goods to the purchaser for a consideration, whether or not the transfer
is for immediate or future delivery, and whether or not the transaction
is regarded as absolute, conditional or secured, and whether or not
immediate consideration is paid therefor. The acceptance of a deposit
for future delivery of any such merchandise, or an agreement for future
delivery of any such merchandise, whether or not immediate consideration
is paid therefor, shall also be deemed a sale for purposes of this
act.
[1974 Code § 3-9.3]
a.
Nothing contained in this section shall be construed to prohibit
the preparation and sale of drugs, meals, prepared food, perishable
agricultural and horticultural products and nonalcoholic beverages
on Sunday, nor to apply to sales of alcoholic beverages which are
otherwise subject to regulations under Title 33 of the Revised Statutes
of New Jersey.
b.
Nothing contained in this section shall be construed to prohibit
the sale of alcoholic beverages or the time at which alcoholic beverages
may be sold.
c.
Nothing contained in this section shall be construed to prohibit
activity carried on in theatres or the giving of theatrical performances
or other exhibitions and all other forms of recreation and entertainment.
d.
Nothing contained in this section shall be construed to prohibit
the activities set forth in N.J.S.A. 2A:171-6 provided the procedure
for permitting such activities is complied with as required by the
statute.
[1974 Code § 3-9.4]
If any person should be charged with having labored or worked
on Sunday and shall prove to the satisfaction of the Municipal Judge
that he uniformly keeps the seventh day of the week as the Sabbath,
habitually abstains on that day from following his usual occupation
or business and devotes a reasonable part of the day to the exercise
of religious worship, and if the work or labor for which such a person
is charged was done and performed in his own home or workshop or on
his premises and has not disturbed others in the observance of the
first day of the week, commonly known as Sunday, as the Sabbath, then
the defendant shall be discharged. This section shall not be construed
to allow any such person to openly expose to sale on Sunday, any goods,
wares, merchandise, or other article or thing in the line of his business
or occupation.
a.
Nothing contained in this section shall be construed to permit those
activities specifically prohibited by N.J.S.A. 2A:171-3.
b.
Nothing contained in this section shall be construed to affect the
exemptions enjoyed by any person who religiously observes the seventh
day of the week as the Sabbath, as set forth and provided in N.J.S.A.
2A:171-5.
[1974 Code § 3-9.5]
Nothing contained in this section shall be construed to prohibit
any sales, acts or works on a Sunday which are transacted or performed
as works of necessity. It is hereby determined that the following
are works of necessity:
a.
Sale of newspapers and periodicals.
b.
All projects concerned with National Defense, which projects have
a time limitation requiring Sunday work.
c.
Janitorial services, guarding and maintenance of factories and buildings.
d.
Sale of gas and oil for vehicles, emergency repairs of vehicles and
maintenance of vehicles.
The foregoing list is not intended to be all inclusive and shall
not be construed as a limitation on, or an exclusion of, any other
work of necessity.
[Ord. No. 06-19 § 1]
The provisions of this section shall apply whenever a bicycle
is operated upon any street or upon any public way, subject to those
exceptions stated in this section.
[Ord. No. 06-19 § 2]
Every person riding a bicycle upon a roadway shall be granted
all the rights and shall be subject to all the duties applicable to
the driver of a vehicle by the laws of this State and the traffic
provisions of this Code applicable to the driver of a vehicle, except
as to special regulations in this section and except as to those provisions
of laws and ordinances which by their nature are inapplicable to such
persons.
[Ord. No. 06-19 § 3]
a.
Any person operating a bicycle shall obey the instructions of official
traffic control signs and other control devices applicable to vehicles,
unless otherwise directed by a Police Officer.
b.
Whenever authorized signs are erected indicating that a turning movement
is restricted, no person operating a bicycle shall disobey the direction
of any such sign, except where that person dismounts from the bicycle
to make the turn, in which event such person shall then obey the regulations
applicable to pedestrians.
c.
No person shall ride or operate a bicycle in any direction except
that permitted of vehicular traffic traveling on the same side of
the roadway.
[Ord. No. 06-19 § 4]
a.
Every person operating a bicycle upon a roadway shall ride as near
to the right-hand side of the roadway as practicable, exercising due
care when passing a standing vehicle or a vehicle proceeding in the
same direction.
b.
Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles.
c.
Whenever a bicycle lane has been established on a roadway, any person
operating a bicycle upon the roadway at a speed less than the normal
speed of traffic moving in the same direction shall ride within the
bicycle lane, except that such person may move out of the lane under
any of the following situations:
1.
Whenever overtaking or passing another bicycle, vehicle or pedestrian
within the lane or about to enter the lane if such overtaking and
passing cannot be done safely within the lane.
2.
When preparing for a turn at an intersection or into a private road
or driveway.
3.
When reasonably necessary to leave the bicycle lane to avoid debris
or other hazardous conditions.
[Ord. No. 06-19 § 5]
[Ord. No. 06-19 § 6]
No person shall operate a bicycle at a speed greater than is
reasonable and prudent under the conditions then existing.
[Ord. No. 06-19 § 7]
Every person riding a bicycle on a bike path or sidewalk that
is about to enter or cross a roadway shall yield the right-of-way
to all traffic on such roadway.
[Ord. No. 06-19 § 8]
No person operating a bicycle shall leave a bicycle lane until
the movement can be made with reasonable safety and then only after
giving an appropriate signal.
[Ord. No. 06-19 § 9]
No person riding upon any bicycle shall attach the same or himself
to any streetcar or vehicle upon a roadway.
[Ord. No. 06-19 § 10]
a.
No person shall ride a bicycle upon a sidewalk within a business
district.
b.
The Police Chief is authorized to order the erection of signs on
any sidewalk or roadway prohibiting the riding of bicycles thereon
by any person and when such signs are in place no person shall disobey
them. Such an order shall be based upon the public health, safety
and welfare.
c.
Persons riding a bicycle in a residential district upon a sidewalk
shall yield the right-of-way to any pedestrian and shall give an audible
signal before overtaking and passing any pedestrian.
[Ord. No. 06-19 § 11]
No person operating a bicycle shall carry any package, bundle
or article which prevents the rider from keeping at least one hand
upon the handlebars.
[Ord. No. 06-19 § 12]
a.
No person shall park a bicycle upon a street other than upon the
roadway against the curb or upon the sidewalk in a rack to support
the bicycle, or against a building or at the curb in such manner as
to afford the least obstructions to pedestrian traffic.
b.
No bicycle may be tied, secured, locked or placed against a tree,
parking meter, sign or any other public property other than a bicycle
rack.
c.
If a bicycle is tied, secured, locked or placed against a tree, parking
meter, sign or other public property other than a bicycle rack, the
Police may seize said bicycle. If the bicycle is not claimed within
30 days, the Police shall be permitted to dispose of same.
[Ord. No. 06-19 § 13]
a.
Any person violating any provisions of this section shall be fined
not more than $25 nor less than $5, using the State of New Jersey
fine schedule as applicable.
b.
Any child found not wearing an approved bicycle safety helmet in
compliance with this section, may have their bicycles seized and held
for 24 hours.
