Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: The general power to adopt local police ordinances of all kinds is contained in N.J.S.A. 40:48-1, 2. The power to impose penalties for violation of ordinances is contained in N.J.S.A. 40:49-5.
[Ord. #7-1981, § 1]
It shall be unlawful for any person, firm, corporation, transient, merchant, hawker or peddler to vend, sell, dispose or offer to vend, sell, dispose or display any goods, wares, merchandise, produce or vegetables, on any property not owned or leased by the person, firm, corporation, transient, merchant, hawker or peddler, or on any public sidewalk, street or anywhere within the Township.
[Ord. #15-1985, § 1]
This section shall be enforced by any police officer, constable, law enforcement officer of the State of New Jersey, by any Sheriff or Deputy Sheriff, the Construction Official of the Township, or any special officer of the Township.
[1]
Editor's Note: Former § 3-2, Sex Offender Residency Prohibition, previously codified herein and containing portions of Ordinance No. 009-2005, was repealed in its entirety by Ordinance No. 026-2009.
[Ord. #12-1977, §§ 1 and 2]
a. 
Games of chance pursuant to N.J.S.A. 5:8-31, shall be permitted to be held on Sunday.
b. 
Any organization which currently holds a license issued by the Township to hold, operate, and conduct Bingo games pursuant to the Bingo Licensing Law, N.J.S.A. 5:8-24, et seq, which desires to hold games on Sunday pursuant to the provisions of this subsection, shall first be required to make application to the Township Committee for an amendment of the license pursuant to N.J.S.A. 5:8-28.
[Ord. #13-1977, §§ 1 and 2]
a. 
Games of chance, pursuant to N.J.S.A. 5:8-58, shall be permitted to be held on Sunday.
b. 
Any organization which currently holds a license issued by the Township to hold, operate, and conduct a raffle pursuant to the Raffles Licensing Law, N.J.S.A. 5:8-50, et seq., which desires to hold raffles on Sunday, pursuant to provisions of this subsection, shall first be required to make application to the Township Committee for an amendment of the license pursuant to N.J.S.A. 5:8-55.
[Ord. #4-1975, § 1; 1972 Code § 3-5A.1]
It is hereby determined and declared that the sand dune established along the ocean front by the United States of America is necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of this municipality and its inhabitants; and that it is an appropriate and necessary exercise of the police power in order to provide protection deemed essential as a result of the March 1962 storm, and that this section shall be enacted pursuant to all applicable laws and powers, expressed or implied.
[Ord. #4-1975, § 2; 1972 Code § 3-5A.2]
The sand dune which is the subject hereof shall be that certain embankment and placement of sand in and along the sand dune line established in this municipality by the Corps of United States Army Engineers, as shown on its plan or map thereof, on file in the City Hall, Sea Isle City, New Jersey, or in the office of the Engineers, Philadelphia, Pennsylvania, or wherever the same may hereafter be filed under authority of the United States of America.
[Ord. #4-1975, §§ 3 and 4; 1972 Code § 3-5A.3]
a. 
The removal, alteration, or destruction of any part thereof by any person, for any reason, shall hereby be prohibited.
b. 
The use or occupancy of any part thereof by any person for any reason shall hereby be prohibited; except at such places and under such restrictions, permissions and conditions as shall provide ingress and egress of the public in manner as may be determined from time to time. Such use and conditions thereof shall be made only in accordance with and at such places where signs are posted to provide notice.
[Ord. #4-1975, §§ 5-7; 1972 Code § 3-5A.4; New]
a. 
Violations. Any act performed or attempted by any person contrary to any provision hereof, or contrary to any such notice, shall hereby be declared unlawful. Each and every violation shall be deemed a new and separate offense.
b. 
Penalty. Any person violating any provision of this section shall, upon conviction before the Municipal Court Judge or other officer having jurisdiction, be subject to the General Penalty established in Chapter 1, § 1-5 of this Code.
[1972 Code § 3-1.1]
As used in this section:
LOITERING
Shall mean remaining idle or walking aimlessly about in essentially one location.
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 a place to which the public has access and shall include any public building and grounds, street, boardwalk or sidewalk. It shall also include the front or the neighborhood of a store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks and marinas, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section or, in the case of a minor, not owned or under the control of his parent or guardian.
[Ord. #102, § 1; 1972 Code § 3-1.2]
No person shall loiter in a public place in such a manner as to:
a. 
Obstruct the free passage of pedestrians or vehicles.
b. 
Obstruct, molest or interfere with any person lawfully in a public place. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[1972 Code § 3-1.3]
Any person violating the provisions of Subsection 3-5.2 shall be ordered to move on by a police officer, failing which he shall be guilty of a violation.
[1972 Code § 3-1.4]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section. Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified of this fact. If at any time within 30 days following the giving of notice, 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.
[Ord. #20-1988, § 1]
In accordance with the provisions of and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7) the Drug-Free Zone Map prepared by the Township Engineer, is 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 of the areas on or within 1,000 feet of such school property.
[Ord. #20-1988, § 2]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-6.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any 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.
[Ord. #20-1988, § 3]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Attorney 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.
[Ord. #20-1988, § 4]
The Township Clerk is directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-6.1 of this section, and to provide, at a reasonable cost, a true copy to any person, agency or Court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided, without cost, to the County Clerk and to the Office of the Cape May County Prosecutor; and filed with the Clerk of the Municipal Court.
[Ord. #20-1988, § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-6.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the Township;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
Except as is 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 a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-6.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for 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 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.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. #13-1989, § 1]
As used in this section:
MOTOR-DRIVEN VEHICLES
Shall mean and include, but is not limited to, mini-bikes, motorscooters, go-carts, swampbuggies, snowmobiles, all terrain vehicles commonly known as ATV's, dirt bikes, four wheelers and any other motor-driven vehicles not capable of being registered pursuant to N.J.S.A. 39:1-1, Motor Vehicles and Traffic Regulations of New Jersey Statutes, as amended except such vehicles which are expressly exempt from registration.
[Ord. #13-1989, § 2; Ord. #6-1995, § 1]
No person shall operate or permit and suffer to be operated, a motor-driven vehicle as defined herein, within the Township under the following circumstances:
a. 
On private property of another without the express prior written consent of the owner and occupant of the property. Where such express written consent has been obtained the operator shall keep it on his person, available for immediate display, during the period of operation.
b. 
On any public grounds or private property inclusive of sidewalks and parking lots.
c. 
In such manner as to create loud, unnecessary or unusual noise, so as to disturb or interfere with the peace and quiet of other persons. To this end, no person shall operate such a motor-driven vehicle before the hour of 9:00 a.m. and after the hour of 9:00 p.m., prevailing time, or sunset, whichever shall first occur.
d. 
In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety or property of any person.
e. 
On or upon all streets, highways, lanes, alleys and public places in the Township.
[Ord. #13-1989, § 3]
It shall be rebuttably presumed that any person under the age of 18 years who operates a motor-driven vehicle in violation of the provisions of this section, and who resides with his parent, guardian or other person having custody of such person, his operating the motor-driven vehicle with the sufferance and permission of such parent, guardian or other person, and each of these shall be subject to prosecution the same as the minor who actually operates the motor-driven vehicle in violation of the provisions of this section.
[Ord. #13-1989, § 4]
Any person under the age of 18 years who shall violate any of the provisions of this section shall be deemed to be juvenile delinquent and shall be proceeded against as such.
[Ord. #13-1989, § 5; New]
Any person violating any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: For further provisions pertaining to Parking, see § 7-3, Chapter 7, Traffic.
[Ord. #18-1989, § 1]
No person shall park, or cause to be parked, any commercial motor vehicle, noncommercial truck, truck, omnibus, school bus, pole trailer, trailer, or recreational vehicle with a gross vehicle weight of four tons or more, or any camper, recreational vehicle, boat or utility trailer, regardless of weight, on any Township street at any time.
[Ord. #18-1989, § 2]
The provisions of Subsection 3-8.1 hereof shall not apply to any vehicle engaged in making local deliveries, nor shall it apply to any motor vehicle parked at any construction site during the actual time of construction.
[Ord. #18-1989, § 3]
The term "person" shall have the same meaning and definition as that contained in N.J.S.A. 39:1-1 and shall include natural persons, firms, co-partnerships, associations, and corporations.
[Ord. #18-1989, § 4]
All terms contained in Subsection 3-8.1 hereof shall have the same meaning and definition as that contained in N.J.S.A. 39:1-1 as the same may be amended and supplemented from time to time.
[Ord. #18-1989, § 5]
Any person found guilty of violating this section shall, upon conviction, be subject to a fine not to exceed $1,000, or by imprisonment in the County Jail or in any other place provided for the detention of prisoners for any term not exceeding 90 days, or by a period of community service not exceeding 90 days.
[Ord. #18-1989, § 6]
Signs setting forth this parking prohibition of a size and format approved by the State Commissioner of Transportation shall be erected at each vehicular entrance to the Township of Upper.
[Ord. #14-1990, § 1]
For purposes of this section, "shopping center" shall have the same definition or meaning as that contained in the Zoning Ordinance of the Township as the same may from time to time be amended and supplemented.
[Ord. #14-1990, § 2]
Every shopping center in Upper Township with a parking capacity in excess of 100 vehicles shall be required to maintain a fire zone or emergency vehicle zone in conformance with the provisions of this section.
[Ord. #14-1990, § 3]
The fire or emergency zone shall be a strip of the parking area running parallel with the structure and no less than 25 feet in width, measured from the curb line nearest the center's commercial establishments into the parking area, and extending the entire length of the commercial structures. This provision does not apply to any building or structure which is free-standing or not otherwise connected to or with any other building or structure by means of any common walls or otherwise.
[Ord. #14-1990, § 4]
The zone shall be suitably marked and lined, in accordance with standards promulgated by the Township's emergency management department. It shall be the responsibility of the shopping center owner to provide the appropriate designations and lining.
[Ord. #14-1990, § 5]
No parking shall be permitted in any file or emergency zone. The shopping center owner shall cause "No Parking" signs to be erected along the zone, and to otherwise designate the zone as a no parking area as required by the Township.
[Ord. #14-1990, § 6]
Any vehicle parked or standing in violation of this section, in a fire or emergency zone, shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any police officer or sheriff's officer may provide for the removal of such vehicle. The owner or operator of the vehicle shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.
[Ord. #14-1990, § 7]
Every person convicted of parking in a fire or emergency zone shall be liable to pay a penalty of not more than $50 or imprisonment for a term not exceeding 15 days or both.
[Ord. #6-1991, § 1]
PERSONAL WATERCRAFT
Means a vessel which:
a. 
Is designed to be operated by person or persons, sitting, standing or kneeling;
b. 
Uses an internal combustion engine to power a water jet pump which propels the vessel through the water;
c. 
Uses an internal combustion engine that does not have the ability to reverse the pump's thrust so as to allow the vessel to be operated in reverse or have the ability to disengage the pump so as to prevent the vessel from making headway.
[Ord. #6-1991, § 1]
a. 
A person shall not operate a personal watercraft before sunrise or after sunset, or during times of restricted visibility;
b. 
Persons operating a personal watercraft shall, at all times, proceed in a seamanlike manner and at a safe speed that they can take proper and effective action to avoid collision with other personal watercraft or other vessels, and be stopped within a distance appropriate to the prevailing circumstances and conditions so as to minimize the possibility of personal injury or property damage;
c. 
A person shall not operate a personal watercraft in such a manner as to become airborne;
d. 
A person shall not operate a personal watercraft within 100 feet of any bulkhead, dock or pier, beach or bather, except when launching or retrieving a personal watercraft from any bulkhead, dock or pier, in which event the speed shall not exceed the idle speed of the vessel;
e. 
A person shall not tow a water skier or any device with a personal watercraft;
f. 
A person operating a personal watercraft and any passengers on a personal watercraft shall, at all times when the personal watercraft is in operation, wear a United States Coast Guard approved Type I, II, III or IV hybrid personal flotation device;
g. 
A personal watercraft shall not be operated in any posted area in a manner which creates any wash or wake;
h. 
No person 16 years of age or younger shall operate a personal watercraft on the tidal or non-tidal waters within the jurisdiction of the Township of Upper without having completed a boat safety course approved by the Superintendent of the New Jersey State Police;
i. 
A person 16 years of age or younger, when operating a personal watercraft on the tidal or nontidal waters within the jurisdiction of the Township of Upper, shall have in his possession a certificate certifying that person's successful completion of a boat safety course approved by the Superintendent of the New Jersey State Police and shall, when requested to do so, exhibit the certificate to a law enforcement or peace officer of this State. Failure of the person to exhibit the certificate is presumptive evidence that the person has not completed the approved boat safety course;
j. 
No person shall launch or retrieve any personal watercraft from, across or upon any beach within the jurisdiction of the Township of Upper;
k. 
The owner of any personal watercraft shall keep the vessel locked when not in use by him/her or others which he or she authorizes to use the vessel.
[Ord. #6-1991, § 1]
a. 
Any person, firm, corporation, partnership or individual engaged in the business of leasing, renting or letting personal watercraft within the Township of Upper shall comply with the following regulations:
1. 
No person 16 years of age or younger shall be permitted to rent or operate a personal watercraft unless he shall have in his possession and produce a certificate certifying that he/she has successfully completed a boat safety course approved by the Superintendent of the New Jersey State Police;
2. 
Persons 16 years of age and older shall not be permitted to operate a personal watercraft without demonstrating that he/she is proficient in the use of personal watercraft and the rules and regulations applicable to operation of vessels in tidal or non-tidal waters of the State of New Jersey as instructed in a boat safety course approved by the Superintendent of the New Jersey State Police;
3. 
The operation limitations set forth in Subsection 3-8.2 above shall be posted in conspicuous places of any establishment which rents, leases or lets jet skis. The owner of said business, or his agents or employees, shall require each person renting a personal watercraft to read and understand the operating limitations;
4. 
The operation shall be in compliance with all other laws affecting ownership and operations of personal watercraft as specified herein, or as otherwise required by appropriate State law.
[Ord. #6-1991, § 1]
a. 
A person shall not operate or permit others to operate a personal watercraft in the territorial waters of the Township of Upper without first licensing the personal watercraft with the Township of Upper. The licensing shall be accomplished by the Township of Upper through the office of the Township Clerk at the Township Hall or at such other locations throughout the Township as may be expressly authorized by the Township Committee by resolution. The owner of the personal watercraft shall be issued a license and numerical decals. The decals shall be affixed to the port and starboard sides of the personal watercraft, above the waterline, at an appropriate location determined by the Township of Upper to maximize its exposure from land and in the water. No personal watercraft shall be operated without the decal being prominently affixed to the personal watercraft, except for personal watercraft which are being operated in connection with repair of the vessel, which operation shall not exceed 10 minutes.
b. 
The fee to license a personal watercraft shall be $25.
[Ord. #6-1991, § 1]
Any person, firm, association or corporation violating any of the provisions of this section shall, upon conviction, be subject to one or more of the following:
a. 
A fine in the minimum amount of $100 and up to a maximum of $1,000; and/or
b. 
Incarceration for a term not to exceed 90 days; and/or
c. 
By a period of community service not exceeding 90 days.
[Ord. #10-1993, § 1; Ord. #4-1994, § 1]
The provisions of subsections 3-10.2 and 3-10.3 of this chapter shall not apply to the operation of a personal watercraft by any officer, agent or employee of the Township of Upper in the performance of official business on behalf of the Township, provided, however, that such personnel shall successfully complete a course in boating safety approved by the Township Committee.
[Ord. #2-1992, § 1]
a. 
The terms "adult activities," "adult bookstores," "adult movies," "adult live entertainment," and "massage parlors" shall have the meaning ascribed to such terms in Subsection 20-2.1 of the Revised General Ordinances of the Township of Upper (hereinafter referred to as "Upper Township Code") as the same may from time to time be amended and supplemented. A copy of said definitions is attached to this section as Appendix "A."[1]
[1]
Editor's Note: See Code Subsection 20-2.1 for definitions contained in Appendix A .
b. 
The terms "obscene material" and "obscene film" shall have the meaning ascribed to them in N.J.S.A. 2C:34-3 as the same may from time to time be amended and supplemented. A copy of said definitions is attached to this section as Appendix "B."[2]
[2]
See N.J.S.A. 2C:34-3 for definitions contained in Appendix B.
[Ord. #2-1992, § 2]
It shall be unlawful for any person, firm, corporation, or combination thereof to sell, lease, loan or transfer or offer to sell, lease, loan or transfer any obscene material or obscene film to any person under 18 years of age.
[Ord. #2-1992, § 3]
Pursuant to the authority conferred upon a municipality pursuant to N.J.S.A. 2C:34-3.2, it shall be unlawful for any person, firm, corporation or combination thereof to display or permit to be displayed at any business premises any obscene material as defined in N.J.S.A. 2C:34-3, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.
[Ord. #2-1992, § 4]
In accordance with N.J.S.A. 2C:34-3.2, the public display of obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[Ord. #2-1992, § 5]
a. 
Any person, firm or corporation violating the provisions of this section shall, upon conviction in the municipal court or other court of competent jurisdiction, be subject to one or more of the following: A fine of not less than $100 and not more than $1,000; and/or imprisonment in the county jail for any term not exceeding 90 days; and/or by a period of community service not exceeding 90 days.
b. 
Any person, firm or corporation who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of the section.
[Ord. #2-1995, § 1; Ord. No. 010-2017]
As used in this section, the following terms shall have the meaning indicated:
CERTIFIED COACH
Shall mean a coach of an approved Upper Township Sports Program.
DEPARTMENT HEAD
Shall have the meaning of "Supervisor" as defined herein.
INDOOR PLACE
Shall mean a structurally enclosed area.
PUBLIC FACILITY
Shall mean any municipally owned building and/or property that has a building or other improvements like athletic fields and maintained paths.
SMOKING
Shall mean the burning of a lighted cigar, cigarette, pipe, e-device or any other matter or substance which contains tobacco.
SUPERVISOR
Shall mean the person who ultimately controls, governs or directs the activities and conduct of employees within a certain department or division.
[Ord. No. 010-2017]
Smoking shall be prohibited at all times at all Township Public Facilities.
[Ord. #2-1995, § 1]
a. 
Any certified coach, department head or supervisor, or their designee, may order any person smoking in violation of this section to comply with the provisions hereof. Thereupon, any member of the public who smokes in the Public Facilities is in violation of this section, shall be subject to a fine as hereinafter provided.
[Ord. No. 010-2017]
b. 
The supervisor or department head shall have the right to withhold the services of the supervisor's department, division or agency to any member of the public who smokes in any public area in which smoking is prohibited, provided that the supervisor or department head shall first inform that person of this right. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving this notice, and the supervisor or department head shall so inform that person.
c. 
Any person waiting for services in a municipal building who leaves the building to smoke shall, upon re-entering the building, have the right to regain his or her position in the order of persons receiving those services.
[Ord. #2-1995, § 1; Ord. No. 010-2017]
The Township shall install appropriate signs which shall be posted in conspicuous places throughout Public Facilities affected by this section advising the public and employees that smoking is prohibited.
[Ord. #2-1995, § 1]
Any person who violates the provisions of § 3-12, et seq. of this chapter shall, upon conviction, be subject to a fine in the amount of $25 to be imposed by the Upper Township Municipal Court or other Court having jurisdiction.
[Ord. #11-1995, § 1]
It shall be unlawful within the Township to consume, possess or have under one's control, or openly display, expose or dispense alcoholic beverages in either open or closed containers, upon the streets, roadways, side yards, highways, sidewalks, public beaches, recreation areas, or other public property or public places, or in or around any other commercial property to which members of the public may have access, or in automobiles, motor vehicles or other means of conveyance, parked upon the streets, highways, alleys, parking lots or other places not expressly licensed for the sale and consumption of such alcoholic beverages.
[Ord. #11-1995, § 1]
Nothing contained in this section shall be construed to prohibit the owner or owners of private residential dwellings or their guests from consuming alcoholic beverages in or upon their property. Furthermore, nothing contained in this section shall apply to any person or persons transporting alcoholic beverages from the place of purchase at a premises or establishment licensed pursuant to the Laws of the State of New Jersey for the sale and distribution of alcoholic beverages to such person's private residence provided that such alcoholic beverages are unopened and remain in a closed container.
[Ord. #11-1995, § 1]
Any person, firm, association or corporation violating any of the provisions of this section shall, upon conviction, be subject to one or more of the following:
a. 
A fine not to exceed $1,000; and/or
b. 
Incarceration for a term not to exceed 90 days; and/or
c. 
By a period of community service for a period not exceeding 90 days.
Any person, firm, association or corporation who is convicted of violating this section within one year of the date of a previous violation and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person, firm, association or corporation for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of this section.
[Ord. #8-1996, § 1]
As used in this section:
HEARING OFFICER
Shall mean a person designated pursuant to this section to hear and determine proceedings pursuant to this section and its enabling legislation N.J.S.A. 40:48-2.12(n), et seq. As required by State statute, said Hearing Officer shall be a licensed New Jersey attorney who shall not be an owner or lessee of any real property within the Township of Upper, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
LANDLORD
Shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including, but not limited to, any building subject to the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C. 55:13A-1, et seq.), and owner-occupied two-unit premises. In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.
SEASONAL RENTAL
Shall mean any rental of residential accommodations for a term of less than one year and including any part of the period extending from May 15 to September 15.
SUBSTANTIATED COMPLAINT
Shall mean a complaint which may form the basis for proceedings in accordance with the authority conferred by N.J.S.A. 40:48-2.12(q). A substantiated complaint shall be one in which there was prosecution and conviction in any Court of competent jurisdiction.
[Ord. #8-1996, § 2]
Landlords of seasonal rentals shall be held to standards of responsibility in the selection of tenants and supervision of the rental premises. Under certain circumstances, a landlord shall be required to post an adequate bond against the consequences of disorderly behavior of their tenants as hereinafter provided.
[Ord. #8-1996, § 3]
a. 
If in any one year there shall be three or more complaints, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises, and such complaints have been substantiated by prosecution and conviction in any Court of competent jurisdiction, the Township Committee, as the municipal governing body, or the Code Enforcement Official, Construction Official or Zoning Officer or any law enforcement officer may institute proceedings to require the landlord of those premises to post a bond against the consequences of future incidents of the same character.
b. 
Notice of the institution of such proceedings shall be served upon the landlord, in person or by registered mail, to the address appearing on the tax records of the municipality advising said landlord of the institution of such proceedings together with particulars of the substantiated complaints upon which the proceedings are based, and of the time and place at which a hearing will be held. Such hearing shall be held in the Township Hall. Said hearing shall be held no sooner than 30 days from the date upon which the notice is served or mailed.
c. 
At the hearing, the Hearing Officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. At the conclusion of the hearing the Hearing Officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of the section.
d. 
Any bond required to be posted shall be in accordance with the judgment of the Hearing Officer, in light of the nature and extent of the offenses indicated in the substantiated complaint upon which the proceedings are based. Such bond shall be adequate in the case of subsequent offenses to make reparation for (1) damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises, (2) securing the payment of fines and penalties likely to be levied for such offenses, and (3) compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior. In no event shall the bond be in an amount less than $500 or more than $5,000. The Township may enforce the bond thus required by action in the Superior Court and the Township shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the Township.
e. 
The bond or other security deposited in compliance with this section shall remain in force for a period of three years. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had in which case the security shall be renewed, in an amount and for a period that shall be specified by the Hearing Officer.
[Ord. #8-1996, § 4]
a. 
If during the period for which a landlord is required to give security pursuant to this section, a substantiated complaint is recorded against the property in question, the Township Committee or any of the persons authorized in Subsection 3-14.3a hereof may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, or for an extension for the period for which such security is required, or for an increase in the amount of security required, or for any or all of these purposes.
b. 
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Subsection 3-14.3d hereof. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection 3-14.3d hereof and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this subsection indicates the appropriateness of such change in order to carry out the purposes of this section and the enabling legislation (N.J.S.A. 40:48-2.12(n), et seq.). The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in Subsection 3-14.3 hereof.
[Ord. #8-1996, § 5]
a. 
The Township Committee is hereby authorized to appoint a Hearing Officer who is qualified pursuant to the requirements of N.J.S.A. 40:48-2.12(p) as amended and supplemented. Such Hearing Officer shall be a licensed attorney of New Jersey who shall not be an owner or lessee of any property within the municipality, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
b. 
The appointment of the Hearing Officer shall be by resolution of the Township Committee. The appointment shall be for a term specified by the Township Committee but in no event to exceed one year. The Hearing Officer shall be eligible for reappointment. The services of the Hearing Officer may be terminated without cause upon the giving of 30 days' notice. The services of the Hearing Officer may be terminated with cause immediately.
c. 
The Hearing Officer may be compensated by salary or a professional services contract in the discretion of the Township Committee.
[Ord. #5-1999, § 1]
No person shall willfully or recklessly or maliciously damage, deface, vandalize or destroy the real or personal property of another or permit or suffer such conduct to occur. This prohibition shall extend, without limitation, to the real or personal property owned for, leased by, or within the care, custody or control of the Township of Upper, or the Board of Education of the Township of Upper, or any other governmental unit.
[Ord. #5-1999, § 1]
Any person adjudged guilty of violation of the preceding subsection shall, in addition to any other penalty imposed by law, be compelled to make restitution to the owner of the property so damaged. Such restitution shall be in such amount and upon such terms as the Court shall impose.
[Ord. #5-1999, § 1]
Whenever property of the Township of Upper or the Upper Township Board of Education is damaged or destroyed as described in this section, the Township Committee may pay a reward, not to exceed $500 to any person providing information which leads to the apprehension and conviction of the person or persons responsible. In the event that information is provided by more than one individual, the reward shall be divided equally among those providing information. The operation of this subsection shall be contingent upon the Township Committee, as part of the annual budget process, appropriating sufficient funds for this purpose. Nothing contained herein shall be construed as prohibiting the Township Committee from appropriating funds in a subsequent budget year for information supplied in the preceding budget year.
[Ord. #5-1999, § 1]
Any person, firm, association or corporation violating any of the provisions of this section shall, upon conviction, be subject to one or more of the following:
a. 
A fine not to exceed $1,000; and/or
b. 
Incarceration for a term not to exceed 90 days; and/or
c. 
A period of community service for a period not exceeding 90 days.
Any person, firm, association or corporation who is convicted of violating this section within one year of the date of a previous violation and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person, firm, association or corporation for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of this section.
[Ord. #009-2003, § 1]
The purpose of this section is to establish standards and regulations concerning the installation, operation and maintenance of certain alarm systems within the Township of Upper and to reduce or eliminate false alarms.
[Ord. #009-2003, § 1]
Certain words and phrases are used in this section which for the purpose hereof, are defined as follows:
ALARM SYSTEM
Shall mean mechanical or electronic device or system designed or used to detect unauthorized entry into a building, structure or area, or to alert the police, fire department or any other agency or person to a potential problem at any location within the Township of Upper.
FALSE ALARM
Shall mean any activation of an alarm device or system which alerts the Police, the Fire Department and/or any other agency or person for any reason, other than that which would constitute an actual criminal offense, emergent event or incidental alarm, by utilizing light, noise, a central alarm monitoring station or any other means.
INCIDENTAL ALARM
Shall mean any activation of an alarm device or system in which two or more alarms in close proximity are activated by a related event at approximately the same time.
[Ord. #009-2003, § 1]
Any central alarm monitoring station which monitors alarm equipment located in the Township must register with the Township of Upper and thereafter report each alarm connected to it which originates from the Township.
[Ord. #009-2003, § 1]
All owners or lessees of alarm equipment employing the services of a central alarm monitoring station must register with the Township Clerk of the Township of Upper prior to the installation of the alarm system or in the case of an existing alarm system within 60 days from the effective date of this section of Chapter 3.[1] There shall be no fee charged for registration of alarm systems. Any owner or lessee who fails to register within the prescribed period shall disconnect the alarm system and shall discontinue using the services of any central alarm monitoring station. All owners or lessees not employing the services of a central alarm monitoring station must also register with the Township Clerk of the Township of Upper. (Registration will permit the Township of Upper to contact the owner, lessee or his representatives in the event of an emergency.) Owners or lessees of alarm equipment not using the services of a central alarm monitoring station must comply with subsections 3-16.4, 3-16.5, 3-16.6, 3-16.11, 3-16.12 and 3-16.13. All information provided to the Township must be kept current and the Township Clerk must be notified of changes in information in the registration no later than 30 days following the applicable change.
[1]
Editor's Note: Ordinance No. 009-2003, contained herein, was adopted December 8, 2003.
[Ord. #009-2003, § 1]
Alarm equipment which utilizes an audible alarm must be equipped with a timing device which will limit the period during which the alarms will sound for a maximum of 15 minutes.
[Ord. #009-2003, § 1]
Alarm equipment which utilizes voice recordings is prohibited from dialing any telephone lines utilized by the Township of Upper.
[Ord. #009-2003, § 1]
All alarm equipment suppliers and employees who install, maintain or service alarm systems or automatic protection devices in the Township must have received, and upon request, provide proof of licensure under N.J.S.A. 45:5A et seq. prior to the installation or service of any alarm system in the Township.
[Ord. #009-2003, § 1]
All alarm equipment suppliers doing business in the Township must provide the purchaser or lessee of said equipment with a copy of this section and the forms necessary for registering with the Township of Upper.
[Ord. #009-2003, § 1]
All alarm equipment suppliers shall make service available on a twenty-four-hour per day basis, seven days a week, to repair and correct any malfunction to its alarm system.
[Ord. #009-2003, § 1]
At the time of installation the alarm equipment supplier shall furnish to any buyer or lessee written information as to how repair service may be obtained at any time, including the telephone number of the alarm system supplier or agent responsible for service. The buyer or lessee and the alarm equipment supplier shall be responsible for having the device disconnected or repaired immediately upon notice that the alarm system is not functioning properly.
[Ord. #009-2003, § 1]
If an alarm system fails to comply with its operational requirements and the State Police conclude the alarm system should be disconnected in order to relieve the burden of responding to false alarms, the State Police shall have the right to require that the owner or lessee, or his representative disconnect the alarm system until it is made to comply with the operational requirements. Any notification requesting disconnection of an alarm system shall be by certified mail, with return receipt requested. If disconnection of the defective alarm is not accomplished promptly and the State Police determines the malfunctioning alarm system is repeatedly sending false alarms, the violations and penalties stated herein under Subsection 3-16.14 will apply.
[Ord. #009-2003, § 1]
The owner or lessee of any alarm system shall be permitted five false alarms in each calendar year. After that, such owner or lessee shall be subject to the penalty provision of Subsection 3-16.13.
[Ord. #009-2003, § 1]
a. 
The failure of any person, company, corporation or organization to comply with the requirements of Subsection 3-16.12 shall be subject to the following notices, fees and/or penalties:
1. 
Any owner or lessee of an alarm incurring a fifth false alarm for the calendar year will be subject to a written warning of violation.
2. 
Any owner or lessee of an alarm incurring their sixth through eighth false alarm for the calendar year will be assessed a $25 administrative fee per violation.
3. 
Any owner or lessee of an alarm incurring their ninth through 12th false alarm for the calendar year will be assessed a $50 administrative fee per violation.
4. 
Any owner or lessee of an alarm incurring their 13th or subsequent false alarm for the calendar year will be assessed a $100 administrative fee per violation.
b. 
Payment of an assessed administrative fee is due within 30 days from notification of violation. Failure to comply will result in the Township of Upper utilizing the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq., to collect the fees due.
c. 
Nothing listed in this chapter shall be construed as to prohibit other sanctions provided herein from being levied against persons, corporations, organizations or businesses who violate Subsection 3-16.12. Any owner, lessee or user of an alarm system who has not made proper payment on assessed false alarm violation fees may be prosecuted under the provision in this section of the chapter. The fine for violation of Subsection 3-16.12 shall, upon conviction in municipal court, be $200 per false alarm.
d. 
Failure of any person, company, corporation or organization to comply with the requirements of this § 3-16 of Chapter 3, excluding Subsection 3-16.12, shall, upon conviction in Municipal Court, be subjected to a fine of no more than $1,000 and/or 90 days in jail. Each day's failure to comply with such provision shall constitute a separate violation.
[Ord. #009-2003, § 1]
The Township of Upper is under no obligation and assumes no duty to any owner, lessee or other person by reason of the registration or failure to register any alarm system or by reason of the response or failure to respond to any alarm system.
[Ord. #009-2003, § 1]
The provisions of this section shall not apply to alarms that may be used by fire companies, rescue squads or civil defense agencies, to summon the response of their members. The provisions of this section shall not apply to alarm systems that are affixed to motor vehicles, unless any such system shall be connected to or report through any alarm system installed at or affixed to a generally considered permanent structure. The provisions of this section shall not apply to any alarm system owned, operated or maintained by the Township of Upper.
[Ord. #012-2010]
The intent of this section is to proscribe conduct which causes unreasonable or unnecessary noise which constitutes a nuisance under New Jersey Law. Noise shall be prohibited if it is unreasonable or unnecessary under the circumstances.
[Ord. #012-2010]
It shall be unlawful to make or cause to be made any unreasonable or unnecessary noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
[Ord. #012-2010]
In the enforcement of this section the following circumstances shall be weighed in determining whether a noise is unreasonable or unnecessary in violation of this section:
a. 
Whether the noise is unreasonable or unnecessary in relation to any approved use or activity.
b. 
Whether the noise is unreasonable or unnecessary in relation to historical and customary uses or activities.
c. 
Whether the use or activity creating the noise is subject to any conditions imposed by any governmental authority (site plan approval, licensing approval, etc.) and whether any such conditions relate to the alleged noise violation.
d. 
The reasonableness of the conduct of the alleged violator.
e. 
The time of day that the noise occurred as well as its intensity and duration.
f. 
The competing interests and the rights of the parties involved in the noise complaint and the alleged violation.
[Ord. #012-2010]
Any person violating any provisions of this section shall, upon conviction, be subject to the penalties stated in Chapter 1, § 1-5 of this Code.
[Ord. No. 010-2017]
The intent of this section is to protect the environment, particularly the wildlife, and the health, safety and well-being of persons and property by prohibiting the release of helium balloons into the atmosphere, including latex and mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals so as to constitute a public nuisance and may pose a threat to the safety of its inhabitants and their property.
[Ord. No. 010-2017]
It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons inflated with a gas that is lighter than air within the Township of Upper, except for:
a. 
Balloon released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
b. 
Hot air balloons that are recovered after launching.
c. 
Balloons released indoors.
[Ord. No. 010-2017]
Any person found in violation is guilty of a non-criminal infraction punishable by a fine not to exceed the sum of $500.
[Added 3-25-2019 by Ord. No. 003-2019]
As used in this section, the following term shall have the meaning indicated:
SECURITY BOX
A secured, locked device that is located on the exterior of the premises at or near the main entrance which can be accessed only by the supervising officer of the local Fire District in the event that an alarm is activated and it is or becomes necessary to gain access to the premises to investigate the reason for the activation of the alarm. The security box shall contain keys to provide access to the premises. The security box shall be of the type that is commonly known as a "Knox-Box®" or the substantial equivalent thereof. The type of security box and its precise location shall be subject to approval by the Chief of the Local Fire District and the Construction Code Official.
a. 
All buildings receiving Planning Board or Zoning Board approval after the adoption of this section for a site plan or an amended site plan which contain one or more businesses, mercantile, industrial or other commercial use, and all residential buildings receiving such approvals containing three or more residential units and having one or more interior common areas which locks to prevent public entry shall comply with this section.
b. 
Exceptions. Banks and savings and loans, buildings and uses that have on-site twenty-four-hour security staffing.
Every building listed in Subsection 3-19.2 above shall be equipped with a security box as defined in this section.
The provisions of Subsection 3-19.3 shall not apply to any commercial bank, savings bank, savings and loans or other banking institution licensed or regulated by the United States of America or any of its agencies or by the New Jersey Department of Banking and Insurance.
All owners and/or occupants of any of the buildings or uses included in this section shall ensure that the keys or lock access codes within the security box are correct to allow entry through any and all locked doors on the premises. Any changes in key or lock access shall be placed into the security box within five business days of such change.
It shall be permissible for buildings within multiple businesses or uses under this section to share a common security box, as long as the following conditions are met:
a. 
The location of the common security box is centrally located and approved by the Construction Code Official and the Chief of the local Fire District.
b. 
The keys or lock access codes are clearly marked and separated in a logical manner.
c. 
All owners and occupants sharing the security box are permitted to order replacement keys or lock access security codes be installed in the box at any time.
Any building or use(s) required to be in compliance with this section that is first occupied on or after the effective date of this section shall have the security box installed and all keys and/or lock access codes installed at the time of first occupancy. Any such business, industrial, mercantile or other commercial unit that changes occupancy and locks or lock access codes shall ensure that all new keys are installed in the security box before opening for business.