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:
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.
Shall mean a litter storage and collection receptacle as
required and authorized in the refuse collection and removal ordinance.
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:
Which advertises for sale any merchandise, product, commodity,
or thing; or
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
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
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.
Shall mean the putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean a container suitable for the depositing of litter.
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.
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.
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.
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.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
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.
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.
Shall mean the Township of Fairfield.
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.
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.).
[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:
Shall mean free distribution and/or delivery.
Shall mean any or all of the following: Circulars, handbills,
notices, cards, newspapers, magazines, pamphlets and leaflets.
[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]
[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:
[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.
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.
[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]
[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:
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.
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]
[Amended 4-26-2021 by Ord. No. 2021-05]
As used in this section:
Any temporary outdoor display of any writing, printing, picture, painting, emblem, drawing, flag not subject to regulations pursuant to State or Federal law, handbill, poster or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, service or which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designated or intended to be placed permanently. This definition shall include all signs not regulated under Chapter 45, § 45-62 et seq. of the Code of the Township of Fairfield.
[Amended 4-26-2021 by Ord. No. 2021-05]
Temporary signs shall be permitted in accordance with this section.
Temporary signs shall not exceed four square feet in area. Temporary
signs in residential zone shall be placed at a height of no more than
four feet from grade level. All temporary signs must be set back from
the closest property line at least 25 feet.
[Amended 4-26-2021 by Ord. No. 2021-05]
One temporary sign shall be permitted for each 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.
[Amended 4-26-2021 by Ord. No. 2021-05]
No temporary sign placed to advertise or announce a specific event, or which pertains to a particular event or occurrence shall be posted more than 60 days before the date of the specific event or occurrence and shall be removed within 10 days thereafter. All temporary signs permitted under § 3-9 et seq. shall be posted for a maximum time period of 70 days. 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.
[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:
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:
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
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
[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]
[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]
[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:
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.
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.
Shall mean any building or structure, or any part thereof,
in which prostitution, lewdness or other unlawful sexual acts are
permitted.
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:
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 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]
[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:
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.
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.
Shall mean any program sponsored by the Township, which provide
and utilize Township facilities and/or Township property.
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.
[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.
[Added 4-22-2019 by Ord. No. 2019-06]
As used in this section:
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:
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.
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.
Using violent or threatening gestures toward a person solicited.
See "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.
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.
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.
[Added 6-24-2019 by Ord. No. 2019-11]
As used in this section:
To fly, control, direct or program the flight of an unmanned
aircraft system.
An aircraft that is operated without the possibility of direct
human intervention from within or on the aircraft.
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.
[Added 2-24-2020 by Ord.
No. 2020-01]
As used in this section, the following terms shall have the
meanings indicated:
Any area conveyed or utilized for public access and/or passage
and shall include, but is not limited to, streets and sidewalks.
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.
[Added 4-26-2021 by Ord.
No. 2021-06]
Notwithstanding that the zoning code defines a Conventional
Restaurant as a business or establishment where food or beverages
are sold or dispensed for consumption by patrons who are served within
the building at tables, all restaurants shall be permitted to create
a seasonal dining area provided the total number of restaurant seats
remains unchanged and further subject to the following conditions:
a.
The restaurant maintains a valid certificate of occupancy.
b.
Nothing in this section shall authorize the loss of existing parking
spaces.
c.
A non-cloth canopy is to be provided and be compliant with the IBC.
d.
The seasonal dining area is to be cordoned off.
e.
All fire codes must be satisfied.
f.
No seasonal dining area shall obstruct driveways, sidewalks or rights-of-way
unless approved by the appropriate authority.
g.
The seasonal dining plan is to be reviewed and approved by the Construction
Official, Zoning Official, Township Engineer, Health Inspector, Fire
Marshal, Police Chief and Municipal Clerk for basic safety compliance.
h.
Any request for outdoor seating for an area in excess of 900 square
feet will also require the review of the Fire Official.
i.
Outdoor seating near vehicular circulation must provide for the following
protections, subject to review and approval by the Police Chief or
designee:
1.
In cases where barricades are absolutely needed to protect the dining
area from vehicular traffic because of the location of the outdoor
dining space, the police department shall require the establishment
to provide barricades that are sufficient for preventing a vehicle
from entering the outdoor dining space, either accidentally or on
purpose.
j.
All electrical elements must follow the current National Electrical
Code, which does not permit the use of extension cords. A licensed
electrical contractor must obtain the electrical permit as required
to install electrical elements.
k.
All mechanical heating must be located outside the dining area and
completed by a licensed HVAC contractor.
[Added 4-26-2021 by Ord.
No. 2021-06]
Seasonal outdoor dining is limited to the time period of April
1st through November 30th.
[Added 4-26-2021 by Ord.
No. 2021-06]
Permit. In order to create an outdoor seasonal dining area a
restaurant must obtain a Seasonal Outdoor Dining Permit. The permit
will contain the following:
a.
If the permit is for a limited time or situation, the beginning and
end date must be listed on the permit.
b.
The permit must provide written permission from the owner of the
property for the space or area to be utilized if different from the
applicant.
c.
A sketch describing the area and proposed design of outdoor area.
The drawing should include but not be limited to any and all temporary
structures, equipment, traffic signs, tents, umbrellas, tables, chairs,
electrical outlets, generators, lighting, barricades, means of ingress/egress
to outdoor dining area, any approved fire lanes and/or traffic control
equipment to be used in connection with its operation. The design
must show that the seat from one table may not be any closer than
six feet to a seat from another table.
d.
The applicant shall submit a copy of certificate of insurance, providing
for the payment of not less than $1,000,000 to satisfy all claims
for damage by reason or bodily injuries, to, or the death of, any
person as a direct result of the approved Seasonal Outdoor Dining
Permit and further providing for the payment of not less than $50,000
to satisfy all claims for property damage occurring as a result of
the said Seasonal Outdoor Dining and naming the Township of Fairfield
as an additional insured.
e.
Pursuant to the Township Code, Chapter 3, Subsection 3-3.6, Specific Noise Prohibition, Sound Reproduction System: Operating, playing or permitting the operations or playing of any radio, television, stereo, live entertainment 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 or any sound reproduction system is NOT PERMITTED.
f.
If the business holds a current on-premise retail consumption license
and intends to serve alcoholic beverages in the designated outdoor
area, a separate permit must be obtained from the State of New Jersey
using the POSSE Online Licensing System (POSSE). A copy of the ABC
permit request must be attached to the application before a permit
will be issued. Said area must be barricaded accordingly.
g.
A permit may be revoked by the Township if the applicant fails to
comply with the terms of approval of the Seasonal Outdoor Dining Permit
and may be revoked at any time the Township or any of its agents identify
a violation of the public health, safety and welfare. The applicant
is required to advise the Township Clerk of any change to the approved
plan. Failure to advise the Clerk within seven days will result in
the revocation of the Seasonal Outdoor Dining Permit.
[Added 4-26-2021 by Ord.
No. 2021-06]
A fee of $200 must be paid for every permit sought. This fee
will take effect as of December 1, 2022.
