Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: For regulations concerning Fairfield Pool and Township Parks, see Chapter 24, Parks and Recreation.
[Ord. No. 936 § 2401]
This section shall be known and may be cited as the "Fairfield Township Anti-Litter Regulations."
[Ord. No. 936 § 2402]
As used in this section:
AIRCRAFT
Shall mean any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle as required and authorized in the refuse collection and removal ordinance.
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
a. 
Which advertises for sale any merchandise, product, commodity, or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this Township; or
d. 
Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Shall mean the putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
LITTER, GARBAGE, REFUSE AND RUBBISH
Shall mean as defined herein and all other waste material which has been discarded, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare, 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 or grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, bur does not include waste of the primary processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal Statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground, beach, recreation center or any other public area in the Township, owned or used by the Township and devoted to active or passive recreation.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PERSON IN CONTROL
Shall mean an owner, tenant, lessee, manager, supervisor, custodian, agent, or any other person who exercises any form of control over the premises in question or the litter emanating therefrom or has the authority of law or contract to maintain the premises, container, vehicle, receptacles or control the disposition of the litter.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Shall mean all putrescible and non-putrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and commercial and industrial wastes.
RUBBISH
Shall mean non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
TOWNSHIP
Shall mean the Township of Fairfield.
VEHICLES
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[Ord. No. 936 § 2403]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Township except in public receptacles or in authorized private receptacles for collection.
[Ord. No. 936 § 2404]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 936 § 2405]
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Ord. No. 936 § 2406]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Township shall keep the sidewalk, parking area and public access areas in front of their business premises free of litter. Merchants shall be responsible for keeping all litter properly contained in receptacles for collection and shall maintain areas surrounding the receptacles free and clear of any litter.
[Ord. No. 936 § 2407]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Township, or upon private property.
[Ord. No. 936 § 2408]
No person shall drive or move any truck or other vehicle within the Township unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. No person shall drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. No. 936 § 2409]
No person shall throw or deposit litter in any park within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
[Ord. No. 936 § 2410]
No person shall throw or deposit litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the Township.
[Ord. No. 936 § 2411]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Township. No person shall hand out or distribute or sell any commercial handbill in any public place. It shall not be unlawful on any sidewalk, street, or other public place within the Township for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
[Ord. No. 936 § 2412]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. 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.
[Ord. No. 936 § 2413]
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.
[Ord. No. 936 § 2414]
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 the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "Posted," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any handbills left upon the premises.
[Ord. No. 936 § 2415]
a. 
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.
b. 
In case of inhabited private premises which are not posted as provided in this section, such person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about the 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.
c. 
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.
[Ord. No. 936 § 2416]
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill or any object.
[Ord. No. 936 § 2417; Ord. No. 2014-02]
a. 
A person shall not post, affix or otherwise display any notice, poster or other paper or device, calculated to attract the attention of the public, to any public lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
b. 
A person shall not post, affix or otherwise display any temporary commercial handbill or advertisement, to induce directly or indirectly any person to enter into any obligation or acquire title or interest in any property, object, ware, good, commodity, or service, on any real property located within a municipality, or any building, pole, post or other structure on the property, without the prior written permission of the owner of record for the property, or the building or other structure thereon. This does not apply to a person posting or otherwise displaying a temporary advertisement containing information and directional indicators inviting the public to purchase or lease real property at a real estate open house or similar event for that property.
c. 
Reporting Violations. Any person or entity suspected of violating this subsection shall be reported to the Fairfield Township Police Department or the Fairfield Township Zoning Officer (collectively "Enforcement Officer") for further investigation. Any report to the Enforcement Officer shall include a statement by the owner of record for the subject property indicating the suspected violator does not have permission to post, affix or otherwise display any advertisement as provided for in paragraphs a and b of this subsection.
d. 
Removal of Advertisement. The Enforcement Officer shall have the power to remove or cause to be removed any advertisement posted or displayed in violation of Subsection a or b of this section. Any such removal may be accomplished by any commercially reasonable means.
e. 
Cost of Removal; Reimbursement. Whenever the Township removes, or causes to be removed, an advertisement, the Township may present the person who posted or otherwise displayed the removed advertisement, or the business advertised in the removed advertisement, by certified and regular mail, a detailed itemization of the costs of removal incurred by the municipality, requiring reimbursement by that person or business of the removal costs. If the person or business does not provide reimbursement within 30 days of receipt of the municipal itemization, the Township may enforce the payment of these costs, together with interest and reasonable collection costs, by instituting an action at law for the collection thereof. The Superior Court or the Municipal Court shall have jurisdiction of any collection action.
f. 
Establishment of Fund. Funds collected from the enforcement of this subsection shall be deposited in a dedicated Advertisement Removal Fund administered by the Chief Financial Officer of the Township. The funds shall be used exclusively to remove advertisements and otherwise enforce the provisions of this subsection, and to administer the fund.
g. 
Report to the Division of Consumer Affairs. The Township may report to the Division of Consumer Affairs, in the Department of Law and Public Safety, for further investigation by the Division, any pattern or practice of advertisements posted or otherwise displayed in violation of Subsection b of this subsection, which reasonably appears to violate the provisions of P.L. 1960, c. 39 (N.J.S.A. 56:8-1 et seq.).
h. 
Violations. In addition to the costs imposed in Subsection e., any person convicted of violating this subsection shall be assessed a penalty as provided for in Chapter 1, § 1-5.
[Ord. No. 936 § 2418]
No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
[Ord. No. 936 § 2419]
The owner and/or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
[Ord. No. 936 § 2420]
No person shall throw or deposit litter on any open or vacant private property within the Township whether owned by such person or not.
[Ord. No. 936 § 2421]
a. 
Notice to Remove. In addition to any summons issued or fine imposed, the Health Officer or any other Township official designated by the Township Administrator is hereby authorized and empowered to notify the owner of any open or vacant private property within the Township or the agent of such owner to properly dispose of litter located on the owner's property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to the owner at his last known address.
b. 
Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of written notice provided for in Subsection a above, or within five days after the date of such notice in the event the same is returned to the Township office because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Health Officer is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Township.
c. 
Charge Included in Tax Bill. When the Township has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the same rate as that imposed on delinquent taxes, if not paid by the owner prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner of the property by the Township and the charge shall be due and payable by the owner at the time of payment of such bill.
d. 
Recorded Statement Constitutes Lien. Where the full amount due the Township is not paid by the owner within 30 days after the disposal of such litter, as provided for in paragraphs a and b above, then the Health Officer, shall cause to be recorded in the Municipal Lien book a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of Court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes in the event same is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions thereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
[Ord. No. 936 § 2422]
The finding of a significant number of commercial or noncommercial handbills in or upon public places or private premises or upon unoccupied vehicles or public facilities such as drainage inlets within the Township shall constitute a presumption that the person, business, commercial, mercantile or other establishments advertised or identified on the handbill has caused or authorized litter in violation of this section and shall be subject to penalties and provisions specified herein.
[Ord. No. 95-13 § 1; Ord. No. 97-12 § I]
As used in this chapter, the following terms shall have the meanings indicated:
DISTRIBUTION
Shall mean free distribution and/or delivery.
PRINTED MATTER
Shall mean any or all of the following: Circulars, handbills, notices, cards, newspapers, magazines, pamphlets and leaflets.
UNSOLICITED
Shall mean not requested by, ordered by or subscribed to by the recipient, or otherwise not delivered pursuant to the requirements of Subsection 3-2.2b and c.
[Ord. No. 95-13 §§ 2, 3; Ord. No. 97-12 § II]
a. 
No unsolicited printed matter shall be placed, thrown or discarded or caused to be placed, thrown or discarded by any person upon any private premises within the Township of Fairfield except in accordance with the terms hereof.
b. 
Unsolicited printed matter shall be placed only within a permanently installed appurtenance to the premises designed and designated for the receipt of such printed matter or within the door or entranceway of such residence or other building or delivered into the hands of some person there offering to receive the same.
c. 
The terms of this section shall not apply to unsolicited printed matter which plainly or conspicuously bears upon it on the front page the name, address and local or toll-free telephone number of a person responsible for its circulation to whom may be addressed a written notice by any recipient indicating the recipient's desire to cease future delivery of the particular item of printed matter. If however, a recipient has notified that person indicated on the printed matter to cease further delivery of the same, there shall only be delivery of such unsolicited printed matter as provided under Subsection 3-2.2b.
d. 
There shall be no intentional delivery whatsoever of any such unsolicited printed matter to any private premises after the owner or tenant of such premises has notified the publisher or the delivery person or, in the case of printed matter referred to in Subsection c hereof, has notified that person indicated on the printed matter to be the person having authority to cease further delivery of the same, by regular mail, at the address so indicated, that such delivery shall cease or be suspended for a stated period of time.
e. 
The terms of this section shall not apply to the distribution of printed matter that shall have been previously ordered or requested by the owner, tenant or occupant of the premises where such distribution is made, or to the distribution of printed matter by mail.
[New; Ord. No. 97-12 § III]
Any person violating any provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 91-20 § 34-1]
The making of excessive sound is a serious hazard to the public health, welfare, safety and the quality of life, and the people have a right to and should be ensured an environment free from excessive sound. It is therefore the policy of the Township to prevent excessive sound that may jeopardize the health, welfare or safety of the citizens or degrade the quality of life.
[Ord. No. 91-20 § 34-2]
It shall be unlawful for any person to make, continue to make, permit or cause to be made or continued, any loud, excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of normal sensitivities. Furthermore, it shall be unlawful for any person who has custody and control of the premises to allow or permit another person to make, continue, or cause to be made or continued, any loud, excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Township.
[Ord. No. 91-20 § 34-3]
For the purpose of this section, the following persons shall be presumed to be in custody and control:
a. 
An individual owner or owners where the premises are owner-occupied.
b. 
The tenant where the premises are leased.
c. 
The manager of a rooming house, motel or hotel.
[Ord. No. 91-20 § 34-4]
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category or property or on any public space or right-of-way in such a manner to create a sound level that exceeds the particular sound-level limits set forth in Table 1, as follows, when measured at or within the real property line of the receiving property.
TABLE 1
Maximum Permissible Sound Levels in dB(A) by Source and Receiving Property Categories
Source Property
Receiving Property
Residential
Commercial/Industrial
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
All Times
Residential
55
50
65
Commercial/Industrial or public spaces or rights-of-way
65
59
65
[Ord. No. 91-20 § 34-5]
The following are exempt from the sound-level limits of Table 1:
a. 
Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a muffler between the hours of 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays.
b. 
Sound from church bells and church chimes when a part of a religious observance or service.
c. 
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in Subsection 3-3.6.
d. 
Emergencies, either as an alert or in performance of emergency work.
e. 
Municipally sponsored or approved celebrations or events.
f. 
Township activities and duties.
g. 
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
[Ord. No. 91-20 § 34-6]
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
a. 
Sound Reproduction Systems. Operating, playing or permitting the operation or playing of any radio, television, stereo or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device. After 11:00 p.m., such noise plainly audible at a distance of 50 feet from the structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
Animals and Birds. Owning, possessing or harboring of any animal or bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, noise and disturbance for a barking dog may be defined as that created by a dog barking continuously for 10 minutes or intermittently for 30 minutes in any twenty-four-hour period, unless such continuous or intermittent barking is caused by an intruder.
c. 
Horns and Emergency Sirens. The sounding of any horn in any motor vehicle except as a warning of danger and the permitting of an emergency siren from a home or motor vehicle to continue for a period in excess of 15 minutes.
d. 
Construction and Demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for emergency work, or by special permit from the Noise Control Officer issued pursuant to Subsection 3-2.8.
e. 
Loading and Unloading. Loading, unloading from structures or motor vehicles, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary.
f. 
Motor Vehicle Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle or motorboard in such a manner as to exceed any applicable limit in Table 1 across a residential real property line.
g. 
Domestic Power Tools. Operating or permitting operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 8:00 p.m. and 8:00 a.m. the following day on weekends and legal holidays.
h. 
Refuse Compacting Vehicles. The operating or permitting to be operated of any motor vehicle that can compact refuse, between the hours of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
i. 
Air-Conditioning and Air-Handling Devices. The operation of air-conditioning or air-handling devices, including heat pumps that produce a sound level greater than 50 dB(A)'s at a real property line of a residential property.
j. 
Mobile Loudspeakers. The use of mechanical loudspeakers or amplifiers on vehicles or aircraft for commercial advertising purposes.
k. 
Yelling, Shouting and the Like. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of resident or of any persons in the vicinity.
[Ord. No. 91-20 § 34-7]
Should any unnecessary, excessive or unusually loud and offensive noise be such that due to its nature, its intermittency or unusual circumstance, shall not be capable of being measured by a sound meter as above, such noise shall nevertheless be deemed a violation of this section.
[Ord. No. 91-20 § 34-8]
a. 
The Noise Control Officer shall have the authority to grant special permits where special circumstances exist and where an applicant can establish practical difficulties and undue hardship in complying with the provisions of this section.
b. 
The Noise Control Officer shall establish guidelines governing the issuance of special permits and such guidelines shall be subject to the approval of the Mayor and Council prior to implementation thereof.
[Ord. No. 91-20 § 34-10]
a. 
Notice of Violation. Violation of any provision of this section shall be cause for a notice of violation to be issued by the Noise Control Officer.
b. 
Abatement Orders.
1. 
Except as provided in Subsection 2, in lieu of issuing a notice of violation as provided in Subsection a, the Noise Control Officer may issue an order requiring abatement of any source or sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
2. 
An abatement order shall not be issued when the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.
c. 
Penalties.
1. 
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 for each offense.
2. 
If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
d. 
Other Remedies. No provision of this section shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this section or from other law.
[1969 Code § 3-1]
The placing, abandonment, leaving, keeping or storage out of doors of any motor vehicle not currently in use for transportation and not licensed for the current license year, or any other unused machinery or equipment on public or private lands in the Township is contrary and inimical to the public welfare. Such articles so placed, abandoned, left, kept or stored, attract or may attract persons of tender years who, being so attracted, may plan in and about them and be injured in so doing, and such articles so placed, abandoned, left, kept or stored out of doors, exposed to the elements, deteriorate and in themselves are unsightly and, deteriorating, become more unsightly and are detrimental to, and depreciate the value of properties in the neighborhood where they are located and in the Township as a whole.
[1969 Code § 3-2]
No person shall place, abandon or leave, keep or store or suffer or permit the placing, abandoning, leaving, keeping or storage of any article described in Subsection 3-3.1 out of doors upon any public or private land in the Township or between the right-of-way side lines of any public thoroughfare therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building; nor to prohibit a duly licensed motor vehicle dealer from displaying for sale out of doors on his premises any used motor vehicle for which he has in his possession a certificate of the ownership thereof and a registration certificate therefor, if it is registered by the Commissioner of Motor Vehicles and a registration certificate has been issued therefor, in accordance with Chapter 10 of Title 39 of the New Jersey Statutes Annotated, which motor vehicle, in the condition in which it is displayed, is usable and salable for use in highway transportation, or to prohibit a dealer in other machinery or equipment from displaying the same for sale out of doors on his premises, provided that such other machinery or equipment, as displayed, is in salable condition, and as to both exceptions that no actionable violation of the Fairfield Township Zoning Ordinance[1] is involved in such display.
[1]
Editor's Note: See Chapter 45, Zoning.
[1969 Code § 3-3]
If any article described in Subsection 3-4.1 shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
[1969 Code § 3-4]
Whenever it shall appear to any member of the Police Department of the Township that Subsection 3-4.1 is being violated and that the land on which this violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the Township or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon such owner or tenant, if he resides in the Township, personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years; but if any such owner or tenant shall reside outside the Township the notice shall be served upon him by registered or certified mail addressed to him at his usual residence, if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Township may be published; and the owner or tenant shall so abate the violation within the time fixed by the notice.
[1969 Code § 3-5]
Whenever it shall appear to any member of the Police Department of the Township that Subsection 3-4.2 is being violated and that the violation exists on public lands or between the right-of-way sidelines of any public thoroughfare, he:
a. 
Shall determine whether any article constituting the violation constitutes or may constitute a traffic hazard, and if so, shall move it or cause it to be moved to a nonhazardous location or into an enclosed storage place.
b. 
Shall ascertain, if he can, who is the owner of the article or articles, and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in Subsection 3-4.4 for the service of notice thereunder.
c. 
If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location, or if the name and address of the owner of the article cannot be ascertained, or if the violation be not abated in the time required by the notice given under Subsection b above, he shall:
1. 
Determine whether the article or articles have a value in excess of the cost of moving it or them to enclosed storage and the cost of storing it or them for three months in the case of motor vehicles and for six months for all other articles.
2. 
Unless the article or articles appear to have value clearly in excess of such cost, he shall arrange, if he can, for the removal of it or them by someone who will undertake that removal without cost to the Township, but otherwise he shall arrange for that removal at the expense of the Township to an authorized dump.
3. 
If the article or articles are removed under the foregoing Subsections 3-4.5a, 3-4.5c2, or 3-4.5c3 he shall, in the manner required by Subsection 3-4.4 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of removal and interim storage charges.
[1969 Code § 3-6]
If any article or articles impounded by the Police Department under this section shall remain in its possession for three months after notice of the impounding in the case of motor vehicles and for six months for all other articles, the impounded article or articles shall be deemed to have been abandoned and forfeited by their owner and the Governing Body of the Township shall sell and dispose of them as provided in N.J.S.A. 40:47-20.
[1969 Code § 3-7; New]
Anyone who shall violate this section, upon conviction, shall be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 955 §§ 1,2; Ord. No. 97-18 § I; Ord. No. 99-05 § 1]
a. 
School Zone Maps.
1. 
In accordance with and pursuant to the authority of L. 1988, c.44 (N.J.S.A. 2C:35-7), the Drug Free Zones Map produced on or about September 22, 1998, by Lawrence A. Gonnello, P.E., the Township Engineer, be and 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 or school board and at the areas on or within 1,000 feet of such school property.
2. 
The Drug Free Zones Map approved and adopted pursuant to Subsection 3-5.1a1 above shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of the outermost perimeter of property owned or leased to an elementary or secondary 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.
b. 
Public Facility Zones.
1. 
In accordance with and pursuant to the authority of L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug Free Zones Map, produced on or about September 22, 1998, by Lawrence A. Gonnello, P.E., the Township 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 as a public park owned or controlled by a State, County or local government unit or a public building and of the areas on or within 500 feet of the outermost perimeter of such property.
2. 
The Drug Free Zones Map approved and adopted pursuant to Subsection 3-5.1b1 of this section shall continue to constitute an official finding and record as to the location and boundaries of the areas on or within 500 feet of the outermost perimeter of property which is used as a public park, public building or public housing unit 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 such property and thereby the Drug Free Public Facility Zone pertaining to that particular property.
[Ord. No. 955 § 3; Ord. No. 99-05 § 1]
a. 
School Property. 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 of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
b. 
Public Facility Zones. The Township Administrator is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer, of any changes or contemplated changes in the location and boundaries of any property which is used as a public park owned or controlled by a State, County or local government unit, a public building or a public housing unit.
[Ord. No. 955 § 4; Ord. No. 99-05 § 1]
The Engineering Office of the Township 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, as amended, approved and adopted pursuant to Subsection 3-5.2 of this section. Additionally, the Engineering Office of the Township is hereby directed to provide, at a reasonable cost, a true copy thereof together with a copy of this section to any person, agency or court who may from time to time request such 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 Essex County Prosecutor.
[Ord. No. 955 § 5; Ord. No. 99-05 § 1]
a. 
School Zones. The following additional matters are hereby determined, declared, recited and stated:
1. 
It is understood that the map approved and adopted pursuant to Subsection 3-5.1a 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:
(a) 
The location of elementary and secondary schools within the municipality;
(b) 
The boundaries of the real property which is owned by or leased to such schools or a School Board;
(c) 
That such school property is and continues to be used for school purposes; and
(d) 
The location and boundaries of areas which are on or within 1,000 feet of such property.
2. 
Except as otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or School Board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7 and such use remains in occurrence as of the date of this section.
3. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 3-5.1a of this section. The failure of the map approved and adopted 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 or secondary 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 as yet been incorporated into a revised approved map, shall not 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.
4. 
All the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval, and adoption of a Drug Free School Zone Map have been complied with.
b. 
Public Facility Zones. The following additional matters are hereby determined, declared, recited and stated:
1. 
It is understood that the map approved and adopted pursuant to Subsection 3-5.1b of this section was prepared and 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:
(a) 
The location of public parks and public buildings within the municipality. As of the date of this section, no public housing is located within the Township of Fairfield;
(b) 
The boundaries of the real property of each such facility or location which is owned by, leased to, or controlled by the public, as set forth in Subsection 3-5.1 of this section;
(c) 
That such public property is and continues to be used for such designated public purposes; and
(d) 
The location and boundaries of areas which are on or within 500 feet of such property.
2. 
Except as otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as public parks owned or controlled by a State, County or local government unit or a public building was being used for such public purposes as of January 9, 1998, that being the effective date of N.J.S.A. 2C:35-7.1 and such use remains in occurrence as of the date of this section.
3. 
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 the use of a map or diagram other than the map approved and adopted pursuant to Subsection 3-5.1b of this section. The failure of the map approved and adopted herein to depict the location and boundaries of any property which is, in fact, used as a public park, a public building or a public housing unit and which is owned by, leased to or controlled by the public as set forth in Subsection 3-5.1b of this section, 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 as yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by, leased to or controlled by the public, or that such property is not used for such stated purposes.
4. 
All the requirements set forth in N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Public Facility Zone Map have been complied with.
[1969 Code § 21-1; Ord. No. 667]
No person shall advertise, display, sell or offer to sell any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
[1969 Code § 21-2; Ord. No. 667]
It shall constitute a common nuisance to maintain any building, conveyance or premises whatever which is resorted to by persons for the manufacture, distribution, dispensing, administration or use of any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
[1969 Code § 14-1]
As used in this section:
INTERSECTION
Shall mean the point where the sidelines of any two roadways intersect (whether they be within the sidelines of the public easement for two different streets or within the sidelines of the public easement for the same street the course or direction of which shall change) unless they are adjoined by an arc, and in that event, the point where the roadway sidelines, extended from the point of tangency with that are, intersect.
ROADWAY
Shall mean the space within a public street, between its two side lines.
[1969 Code § 14-2]
If it shall appear to the Township Council, on its own initiative or on the recommendation of the Police Department, that brush, hedges or other plant life, within 10 feet of any roadway or within 25 feet of the intersection of any two roadways, shall exceed 30 inches in height, measured from the elevation of the surface of the abutting roadway and that the public safety is jeopardized thereby, the Governing Body shall set a time for a hearing thereon, and shall notify the owner or owners of the land upon which the brush, hedges or other plant life shall be located, at least 10 days before the hearing, and of its intention if, after hearing, it shall appear that the public safety is jeopardized thereby, to require that the brush, hedges or other plant life be cut to that maximum height.
[1969 Code § 14-3]
The notice required by Subsection 3-7.2 shall be in writing and shall be served upon the owner of the property involved, which service shall, if the owner resides in the Township, be made upon him personally or by leaving it at his residence with a person of the age of 14 years or older, or affixing it on the front door of the dwelling if the one serving the notice cannot gain entrance thereto or if no person of the required age shall be present therein; but if the owner shall reside elsewhere than in the Township the notice shall be served upon him by registered mail, addressed to him at the post office address shown on the most recent tax list of the Township.
[1969 Code § 14-4]
If as a result of the hearing the Township Council shall determine that the preservation of public safety requires that the brush, hedges or other plant life within 10 feet of any roadway or within 25 feet of the intersection of any two roadways be cut to a height of 30 inches above the level of the abutting roadway or roadways, it shall direct the owner to cut the same to that height.
[1969 Code § 14-5]
Notice of the direction of the Township Council, pursuant to Subsection 3-7.4, shall be in writing and shall be served upon the owner of the property involved, which service shall be made as required for notice of the hearing.
[1969 Code § 14-6]
The owner of any land and premises upon which any such brush, hedges or other plant life shall be located, shall, if so directed, cut the same to a height of no more than 30 inches above the level of the elevation of the pavement of the abutting roadway or roadways, within 10 days of the service of the notice upon him to do so.
[1969 Code § 14-7]
If the owner of the premises upon which any such brush, hedges or other plant life shall be located, shall fail to cut the same to the required height within the required period, the same shall be cut to the required height by or under the direction of the Foreman of Roads, Buildings and Grounds, who shall upon completion thereof certify to the Township Council the cost thereof.
[1969 Code § 14-8]
The Township Council shall examine the certificate of cost, and if it finds the same excessive, shall determine the reasonable cost to the Township of the cutting of the brush, hedges or other plant life to the required height, and shall charge the actual cost or the reasonable cost, whichever is the smaller, against the land and premises upon which the hedges, brush or other plant life shall be located, and the amount so charged shall forthwith become a lien upon the lands and shall be added to and become part of the taxes next to be assessed and levied upon the lands.
[1969 Code § 38-1; Ord. No. 794]
No person shall willfully detain or fail to return any book or other article borrowed from a library, agency or utility supported in whole or in part by the Township for more than 30 days from the date of posting by registered letter of notice of demand for return thereof, addressed to any such person at the last address furnished to such library, agency or utility.
[1969 Code § 38-2; Ord. No. 794]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article which is owned by or is in the custody of any library, agency or utility thereof referred to in this section.
[1969 Code § 38-3; Ord. No. 794]
No person shall register or furnish a false name or address with any library, agency or utility thereof referred to in this section when requested in the normal course of business thereof.
[1969 Code § 38-4; Ord. No. 794]
No person having in his possession any membership card or other indicia issued or furnished to any other person by any library, agency or utility thereof referred to in this section shall exhibit the same with intent falsely to represent that the person so exhibiting such card or indicia is the person identified thereby or to whom the same was issued or furnished.
[1969 Code § 57A-1 through 9; Ord. No. 761; Ord. No. 951; amended 3-23-2020 by Ord. No. 2020-05]
As used in this section:
TEMPORARY SIGN
Any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently.
Temporary signs shall be permitted in accordance with this section. Temporary signs shall not exceed 16 inches in height and 26 inches in width.
One temporary sign shall be permitted for each street frontage immediately adjacent to any property within the Township.
No temporary sign shall be erected, posted or placed on public property.
No temporary sign shall be erected, posted or placed on private property without the express consent of the owner.
Temporary signs posted on fire hydrants, public telephone booths, public utility poles or similar public fixtures are expressly prohibited.
No temporary sign shall be posted more than 60 days before the date of the specific event or occurrence and shall be removed within 10 days thereafter. Any such sign shall contain the name and address of the party or person who shall be responsible for the compliance with this section and who shall be subject to penalties for noncompliance.
Any sign which does not comply with this section shall be removed forthwith by any Township official.
a. 
Any person apprehended violating this section shall be given the opportunity to remove such illegal signs immediately, which, as well as the facts of such and compliance or noncompliance, shall be admissible as evidence in the prosecution of the violation.
b. 
Any sign which fails to comply with this section and does not contain the name and address of the party or person who shall be responsible for compliance with this section will be subject to immediate removal upon notice to the property owner.
The erection, posting, placing of each individual sign shall constitute a separate offense.
In accordance with § 45-62.10j of the Code of The Township of Fairfield, no temporary signs shall be displayed in or affixed to any parked automobile, truck, bus or other vehicle by displaying banners, placards, flags, strings of banners or similar advertising devices.
a. 
Anyone who violates this section shall be liable, upon conviction, to the penalty stated in § 1-5. The minimum penalty shall be $1,000 for each offense.
b. 
The party or person responsible for compliance with this section shall be accountable for any fines and penalties imposed pursuant to this section. In the event that such party or person fails to post their name and address on the temporary sign. Township officials shall prosecute and impose fines on the organization, campaign, candidate or party responsible for the production, distribution and posting of such temporary signs.
c. 
Any vehicle found in violation of § 3-9.11 shall be subject to immediate removal of any vehicle violating this section by the Township Police, Firemen, Code Enforcement Officials or other officers and the owner of such vehicle shall be responsible for any towing fees incurred, as well as penalties for violations of this section.
[1]
Editor's Note: As to hunting with dogs, see Chapter 5, Animal Control, Subsection 5-2.2.
[1969 Code § 32-1; Ord. No. 99-02 § 1]
a. 
Firearms. No one, even though licensed to do so, shall discharge any loaded firearm, in any of the following portions of the Township even though said portions be in their ownership:
1. 
Upon or across any public street or highway;
2. 
Within 450 feet of any dwelling or other building erected for occupancy by human beings, whether it be occupied or not;
3. 
In any area of the Township which may be situated south of the right-of-way of Interstate Route 80.
b. 
Bows and Arrows. No one, even though licensed to do so, shall discharge an arrow from a bow in any of the following portions of the Township, even though said portions be in their ownership:
1. 
Upon or across any public street or highway;
2. 
Within 450 feet of any dwelling or other building erected for occupancy by human beings, whether it be so occupied or not.
c. 
Exceptions.
1. 
The above prohibitions shall not apply to areas within the Township owned and/or operated by the Essex County Improvement Authority provided each of the following conditions are met:
(a) 
Prior written permission to hunt with, carry, transport or discharge any loaded firearm or bow with an arrow is provided by the Essex County Improvement Authority as to their property; and
(b) 
No loaded firearm or bow with an arrow thereon, may be discharged:
(i) 
Upon or across any public street or highway.
(ii) 
Within 450 feet of any dwelling or other building erected for occupancy by human beings, whether it be so occupied or not.
2. 
An owner of real property situated within the Township, of five acres or more, or their specified designee, may discharge firearms, upon said property solely for purposes of wildlife management necessary for control of crop damage caused by said wildlife provided each of the following conditions are met:
(a) 
Prior written permission to discharge said firearms is provided by the Township of Fairfield Police Department; and
(b) 
No loaded firearm thereon, may be discharged:
(i) 
Upon or across any public street or highway;
(ii) 
Within 450 feet of any dwelling or other building erected for occupancy by human beings, whether it be so occupied or not.
[1969 Code § 32-2]
The areas in the Township in which hunting is prohibited by Subsection 3-10.1c shall in the hunting season be posted by signs reading "No Hunting, By Order of the Mayor and Council of the Township of Fairfield," but the absence of such posting shall be no defense to a charge of violating this section.
[1969 Code § 32-3; New]
Any person who shall violate this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 95-7 § 1; Ord. No. 2013-02]
Whenever any Police Officer or Fire Official shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place or the occupancy of any public or private building is or is likely to be dangerous to that person or to the occupants or to the Police or Fire Departments of the Township, he may, if he deems it necessary for the preservation of the public peace and safety, order that person or occupants to vacate that place or building.
[Ord. No. 95-7 § 2; Ord. No. 2013-02]
Any person who shall refuse to leave after being ordered to do so by a Police Officer or Fire Official shall be guilty of a violation of this section. Any owner who shall refuse to comply with any Officer's request to notify the occupants of his building in a safe and reasonable manner that they must vacate shall be guilty of a violation of this section.
[1969 Code § 8-1]
It shall be unlawful for any person or persons to bathe or swim in the water of, in or bounding the Township without being clothed in bathing suits or other costumes of a similar nature so as to prevent the indecent exposure of the body.
[1969 Code § 8-2]
It shall be unlawful for any person or persons to be or appear at or travel to or from any of the places mentioned in Subsection 3-12.1 without being clothed in the manner hereinbefore provided.
[1969 Code § 27-1]
It shall be unlawful for any person, either for himself or as an agent or representative of another person, or as an officer or agent of any corporation, or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of $100, upon any bank or other depository, knowing at the time of so doing that the maker or drawer has no funds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.
[1969 Code § 27-2]
The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing section shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were not funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.
[1969 Code § 27-3; New]
Each violation of Subsection 3-13.1 hereof shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[1969 Code § 46-1]
No person shall intentionally appear on any road, street, highway or other public place in a state of nudity or make any indecent exposure of his or her person or commit or cause to be committed or participate in the commission of any lewd or indecent act or behavior.
[1969 Code § 46-2]
No person shall sell or offer to sell any lewd or indecent picture, book, device or thing or exhibit or perform or cause to be exhibited or performed any lewd, immoral or indecent dance, show, play or other presentation.
[1969 Code § 46-3]
No person shall maintain or cause or permit to be maintained a disorderly house or house of ill fame in any building or structure or on any premises owned or occupied or controlled by him or her; nor shall any person permit any building or other structure or any premises owned or occupied or controlled by him or her to be frequented or used by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
[1969 Code § 46-4]
No person shall, by word, act, sign or other device, invite or solicit or aid or abet in inviting or soliciting unlawful sexual intercourse or any other unlawful, lewd, indecent or lascivious act.
[1969 Code § 46-5.1; Ord. No. 784; Ord. No. 2009-27 § 1]
No person shall conduct himself in a disorderly manner in, on or near any public or private place within the Township to the annoyance of or danger to any other person or against the peace of the Township.
[1]
Editor's Note: Former Subsection 3-14.5 previously codified herein and containing portions of Ordinance No. 46-5, was repealed in its entirety by Ordinance No. 2009-27.
[1969 Code § 46-6; Ord. No. 2009-27 § 1]
No person shall deal, play, participate or engage in any game or contest of cards, roulette, faro, dice, numbers, lottery or any other game or contest of chance whatsoever for the purpose of gambling for money, goods or other things of value.
[1969 Code § 46-7; Ord. No. 2009-27 § 1]
No person shall willfully destroy, damage, injure or deface any property not subject to his or her lawful ownership or lawful control.
[1969 Code § 46-8; Ord. No. 2009-27 § 1]
No person shall disturb the exercises of any school or molest or give annoyance to children attending such school or any teacher therein.
[1969 Code § 46-9; Ord. No. 2009-27 § 1]
No person shall interfere with, hinder, disturb or obstruct the proceedings, functions or deliberations of the Mayor and Council, the Board of Health, the Board of Tax Assessors or any other official body of the Township of Fairfield; nor shall any person molest, obstruct, hinder or interfere with any Township officer or official engaged in the performance of his duty or knowingly resist or oppose any person authorized by the law to make arrests or to serve any writ, bill, order or process when the person so authorized is acting in the performance of his duty.
[1969 Code § 46-10; Ord. No. 2009-27 § 1]
No person shall place or throw or suffer or permit the depositing of any stones, sticks, glass or any hard, dangerous or offensive substance upon any street, road, highway or other public thoroughfare; nor shall any person throw any such object or substance at, upon or against any person, vehicles of transportation, building or other structure.
[1969 Code § 46-11; Ord. No. 2009-27 § 1]
No person shall willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person or persons lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare.
[1969 Code § 46-12; Ord. No. 2009-27 § 1]
No person shall, without lawful authority, carry any revolver, pistol or other firearm or any instrument of the kind known as blackjack, billy, sandclub, sandbag, bludgeon, metal knuckles, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive, in his or her person, or concealed in or about his or her clothes or person, or in any automobile, carriage, motorcycle or other vehicle.
[1969 Code § 46-13; Ord. No. 2009-27 § 1]
No person shall willfully engage in any fight, assault, quarrel, brawl, battery or altercation; nor shall any person participate in, or incite by overt act or acts any disturbance or riot or any unruly, boisterous, noisy, unlawful or disorderly assemblage constituting a breach or disturbance of the peace.
[1969 Code § 46-15; Ord. No. 2009-27 § 1]
No person shall accumulate on his or her property, or deposit or discharge at any place within the Township, any garbage, sewage, waste matter or any other substance decomposed or likely to decompose, which causes or is likely to cause noxious, offensive or obnoxious odors, or which creates a menace to public health.
[1969 Code § 46-16; Ord. No. 2009-27 § 1]
No person shall unnecessarily and unreasonably obstruct, hinder, or interfere with the access to or the passage over any street, highway or other public thoroughfare; nor shall any person willfully deface, damage or injure any portion of any street, highway or other public thoroughfare.
[1969 Code § 46-17; Ord. No. 2009-27 § 1]
All acts constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injuries to or unlawful interference with persons, hazards to the public health and breaches or disturbances of the peace, not expressly hereinbefore mentioned are severally prohibited.
[1969 Code § 46-18; Ord. No. 2009-27 § 1]
As used in this section:
DISORDERLY ASSEMBLAGE
Shall mean any two or more persons gathered together and acting in a boisterous, noisy, riotous, offensive, disorderly or threatening manner toward each other or others, or committing any act or acts which in any way breach or disturb the peace, or tend to breach or disturb the peace.
DISORDERLY HOUSE
Shall mean any building or structure or any part thereof which is used for gambling or which is frequented by prostitutes, criminals, gamblers, vagrants or persons violating the law, or in which the law is habitually violated.
HOUSE OF ILL FAME
Shall mean any building or structure, or any part thereof, in which prostitution, lewdness or other unlawful sexual acts are permitted.
PERSON, PERSONS, HIS, HER
Shall mean and include corporations. The singular number as used herein shall include the plural.
[1969 Code § 63-1; Ord. No. 449]
Games of chance commonly known as "bingo" and "raffles," as provided by the Laws of the State of New Jersey, 1954, Chapters 5 and 6, may be conducted in the Township the first day of the week commonly known and designated as Sunday, provided the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned Statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission and, specifically, providing that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned Statutes.
[1969 Code § 40-1; Ord. No. 627]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly.
PARENT OR GUARDIAN
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.
PUBLIC PLACE
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 and 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 by or under the control of his parent or guardian.
[1969 Code § 40-2; Ord. No. 627]
a. 
It shall be unlawful for any person to loiter in a public place in such manner as to:
1. 
Clearly cause an immediate, actual, physical, violent reaction from any person of ordinary sensibilities, which reaction will cause or create a threat to the peace and good order of the public.
2. 
So disturb a person of ordinary sensibilities as to cause the person to react immediately in such a way as to threaten by physical violence the peace and good order of the public.
3. 
Obstruct the free passage of pedestrians or vehicles.
4. 
Obstruct, molest or interfere with any person lawfully in a public place as defined in Subsection 3-16.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause the person to react immediately in such a way as to threaten by physical violence the peace and good order of the public.
b. 
No person shall be convicted of loitering in a public place in violation of this section unless a Police Officer at the time determined that such person was causing or was likely to cause any of the conditions enumerated hereinabove and the Police Officer, at that time, ordered the person to cease the enumerated conduct, which Police order the person refused to obey.
[1969 Code § 40-3; Ord. No. 627]
No parent or guardian of a minor under the age of 18 years shall knowingly permit the minor to loiter in violation of this section.
[1969 Code § 40-4; Ord. No. 627]
Whenever any minor under the age of 18 years is adjudicated to be in violation of this section, his parent or guardian shall be notified of this fact, in writing, by the Chief of Police or any other person designated by him to give such notice.
[1969 Code § 40-5; Ord. No. 627]
If at any time within 30 days following the giving of notice as provided in Subsection 3-16.4 the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1969 Code §§ 71-19, 71-20]
a. 
Displaying Vehicles for Sale. No vehicle shall be parked or permitted to stand on any street for the purpose of displaying the same for sale.
b. 
Cleaning and Repairing. No person shall clean or repair any vehicle on any street except in case of emergency.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 686).
[Ord. No. 97-14 § 1]
a. 
It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned, in the Township of Fairfield, after notice has been posted, as hereinafter provided, by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway.
b. 
Suitable signs, or markings bearing the words "No Parking", together with any qualifications or restrictions of such parking, if any, conspicuously displayed, shall be posted on said lands by the owners, occupant, lessee or licensee thereof where this chapter is effective. Defacing, tampering with, or damaging such signs when posted shall constitute a violation of this section.
[Ord. No. 97-14 § 2]
Unless otherwise permitted by subsections 45-12.16 or 45-12.17 of the Code of the Township of Fairfield, it shall be unlawful for any person to park or leave standing any motor vehicle in any area except on driveways or parking areas constructed and installed in compliance with Township Ordinances or approved site plans, provided the parking of same is not otherwise prohibited herein.
[Ord. No. 97-14 § 3]
It shall be unlawful for any person to park in any access driveway or lane providing access to marked parking stalls in any public or private parking areas.
[Ord. No. 97-14 § 4]
It shall be unlawful for any owner, occupant, lessee or licensee or person in control of a private parking lot to permit any person to park in any access driveway or lane providing access to parking areas or to buildings for emergency vehicles. The owner shall remove any vehicle so parked pursuant to N.J.S.A. 39:4-56.6. Failure to remove vehicles upon the order of any Police Officer, Fireman or other Township Official acting in his official capacity shall be in violation of this section.
[Ord. No. 97-14 § 5]
Township Police, Firemen, Code Enforcement Officials or other officers, acting within their official capacity shall have the power to enforce this section which power shall include, but not be limited to, the power to order removed any vehicle violating this section and the owner of the vehicle shall be responsible for any towing fees incurred, as well as penalties for violations of this section.
[Ord. No. 2006-14 § 1; Ord. No. 2008-15 § 1]
As used in this section:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and/or fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and/or the State Bureau of Identification of the New Jersey State Police.
NONPROFIT YOUTH SERVICING ORGANIZATION
Shall mean a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of this State, but excluding public and non-public schools, which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from Federal income taxes, and shall include the Township of Fairfield Recreation Department.
TOWNSHIP SPONSORED PROGRAMS
Shall mean any program sponsored by the Township, which provide and utilize Township facilities and/or Township property.
VOLUNTEER
Shall mean any person involved with a nonprofit youth servicing organization who has direct access to minors as a result of their involvement with the organization.
[Ord. No. 2006-14 § 1]
a. 
The Township requires that all employees and volunteers of a nonprofit youth serving organization request through the nonprofit youth servicing organization, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.
b. 
The Division of State Police shall inform the nonprofit youth servicing organization whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in Subsection 3-20.3 of this section.
c. 
A criminal history record background check shall only be conducted upon receipt of the written consent to the check from the prospective or current employee or volunteer.
d. 
The Township shall bear the costs associated with conducting the criminal history record background checks.
[Ord. No. 2006-14 § 1]
a. 
A person shall be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
1. 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection (a) of N.J.S.A. 2C:35-10.
2. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection 1 of this subsection.
b. 
A person shall have a continuing obligation to notify the nonprofit youth organization if that person shall be convicted of any disqualifying crime or disorderly persons offense enumerated in Subsection a above subsequent to the performance of an initial criminal history background check.
[Ord. No. 2006-14 § 1; Ord. No. 2008-15 § 1; Ord. No. 2010-06]
a. 
Prospective or current employees and volunteers of non-profit youth serving organizations and/or employees or volunteers of Township sponsored programs involving minors shall submit their name, address, fingerprints and written consent to the organization for criminal history record background check to be performed. The organization shall submit this documentation to the Division of State Police after having coordinated the taking of the applicant's fingerprints through an outside agency approved by the New Jersey State Police.
b. 
The nonprofit youth servicing organization shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.
c. 
The nonprofit youth servicing organization shall coordinate a criminal history background check every five years after the initial check, for as long as the prospective or current employees and volunteers shall remain involved in nonprofit youth serving organizations and/or Township sponsored programs involving minors.
d. 
If an employee or volunteer commits a violation within the five-year period, it is the employee's/volunteer's responsibility to inform the Recreation Director and/or Department Head, and the employee/volunteer shall be required to submit to another criminal history background check at their own expense.
[Ord. No. 2006-14 § 1]
a. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment, is restricted to authorized personnel of the nonprofit youth servicing organization, on a need to know basis, as authorized by this section, Federal or State Statute, rule or regulation, executive order, or Administrative Code, regarding obtaining and dissemination of criminal history record information obtained under this section.
b. 
Such persons shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and shall not be disseminated to any unauthorized persons.
[Ord. No. 2006-14 § 1; Ord. No. 2008-15 § 1]
a. 
If the nonprofit youth servicing organization obtains information that disqualifies a prospective or current employee or volunteer, such organization shall serve a letter upon the person explaining the reasons that the person cannot participate in the organization's programs under subsection 3-20.3. This letter shall also include any record supporting disqualification.
b. 
Upon receipt of the letter from the nonprofit youth servicing organization, the affected person has the right to contact the State Police, question the report and to seek expungement, if possible, of any record that causes disqualification under subsection 3-20.3. If the affected person is unable to expunge such record, the person shall not participate in the organization's programs.
c. 
If the affected person has taken the above action to expunge a record that caused disqualification under subsection 3-20.3, the person shall be refingerprinted and re-checked under subsection 3-20.2 and 3-20.4 to determine whether the person is no longer disqualified under subsection 3-20.3.
[Added 4-22-2019 by Ord. No. 2019-06]
As used in this section:
a. 
Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:
1. 
Fear bodily harm to oneself or to another, damage to or loss of property or the commission of an offense under the New Jersey Criminal Code upon oneself or another; or
2. 
Otherwise be intimated into giving money or other item of value.
b. 
Intentionally touching or causing physical contact with another person or with an occupied vehicle, without that person's consent, in the course of soliciting, asking or begging.
c. 
Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact.
d. 
Using violent or threatening gestures toward a person solicited.
ASK
See "beg."
BEG
Using the spoken, written or printed word or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other item of value or soliciting the sale of goods or services.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access and includes, but is not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, playground, any hallway, lobby and other portion of an apartment, house or hotel not constituting a room or apartment designed for actual residence. "Public places" shall also include door-to-door begging in an aggressive manner as defined herein.
SOLICIT
See "beg."
No person shall:
a. 
Solicit, ask or beg in an aggressive manner in any public place.
b. 
Approach an operator or other occupant of a motor vehicle when such vehicle is located on any street, for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in Subsection 3-21.1; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, Section 1-5, General Penalty, of the Code of the Township of Fairfield.
[Added 6-24-2019 by Ord. No. 2019-11]
As used in this section:
OPERATE
To fly, control, direct or program the flight of an unmanned aircraft system.
UNMANNED AIRCRAFT
An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
UNMANNED AIRCRAFT SYSTEM
An unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.
It shall be unlawful for any person operating an unmanned aircraft or unmanned aircraft system to take off from or land on public property without prior written approval from the Township Administrator and compliance with the following:
a. 
Submission of the operator's proof of certification under Subsection 3-22.3 to the Township Administrator;
b. 
Providing written notification of the anticipated unmanned aircraft or unmanned aircraft system activities at least five days in advance of such activities to all property owners within 200 feet of the public property; and
c. 
Compliance with any and all other requirements of any park rules or regulations.
Any person who operates an unmanned aircraft or unmanned aircraft system within the Township must present, immediately upon request by any police or code enforcement officer, a current certificate of aircraft registration issued by the FAA for the unmanned aircraft, together with a remote pilot certificate where the use of the unmanned aircraft requires such a certificate under 14 C.F.R. 107.
It shall be unlawful for any person to equip an unmanned aircraft or unmanned aircraft system with any weapon or hazardous substance that creates a hazard to persons or property.
The operator of any unmanned aircraft or unmanned aircraft system shall immediately report to the Township any operation of the unmanned aircraft or unmanned aircraft system on public property involving either injury to any person or damage to any private or public property.
It shall be unlawful for any person to operate an unmanned aircraft or unmanned aircraft system in a manner that violates the reasonable expectation of privacy of any other persons. Such operation shall include, but is not limited to, operating an unmanned aircraft or unmanned aircraft system to view into the windows or other openings of dwelling places, or otherwise viewing from of any property.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, Section 1-5, General Penalty, of the Code of the Township of Fairfield.
[Added 2-24-2020 by Ord. No. 2020-01]
As used in this section, the following terms shall have the meanings indicated:
PUBLIC RIGHTS-OF-WAY
Any area conveyed or utilized for public access and/or passage and shall include, but is not limited to, streets and sidewalks.
SPORTS EQUIPMENT
Any portable or fixed apparatus used for the playing of sports or leisure activities and shall include, but is not limited to, stands, backboards, nets, hoops, bases and goal posts.
a. 
No person or other entity shall leave any sports equipment in any public rights-of-way or on private property in the vicinity of public rights-of-way such that the sports equipment will encroach into or abut a public right-of-way.
b. 
No person or other entity shall place, deposit, fix or allow to remain on any utility pole located in any public rights-of-way or adjacent to any of same, any sports equipment.
c. 
No person or other entity shall use sports equipment in the public rights-of-way in a manner that interferes with the free flow of traffic, garbage or recycling collection, street clearing, or any other utility or similar operations.
d. 
There shall be a rebuttable presumption under this section that the person or entity in control of the private property on which the sports equipment is located or the property contiguous to or closest to the sports equipment, if not contiguous, is the person or entity to have violated this section.
Any person or entity violating the provisions of this section shall be subject to a warning for a first violation; a fine of $100 for a second violation; and a fine of $250 and a period of community service, in the discretion of the Court, not to exceed 30 days for a third or subsequent violation.
This section shall be enforced by the Code Enforcement Officer or by the Police Department.