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009-2005, was repealed in its entirety by Ordinance No. 026-2009.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.
[1972 Code § 3-1.1]
As used in this section:
Shall mean remaining idle or walking aimlessly about in essentially
one location.
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 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:
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]
[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]
Means a vessel which:
Is designed to be operated by person or persons, sitting, standing
or kneeling;
Uses an internal combustion engine to power a water jet pump
which propels the vessel through the water;
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:
[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]
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.
[1]
Editor's Note: The title of this section, which was formerly
Prohibiting Smoking in Public Buildings, was amended 5-10-2021 by
Ord. No. 012-2021.
[Ord. #2-1995, § 1; Ord. No. 010-2017; amended 5-10-2021 by Ord. No. 012-2021]
As used in this section, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds; but
does not include medical cannabis dispensed to registered qualifying
patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis
Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
Cannabis concentrate and products that are composed of cannabis
and other ingredients and that are intended for use or consumption,
including edible products, ointments, and tinctures.
A coach of an approved Upper Township sports program.
The act of ingesting, inhaling or otherwise introducing cannabis
into the human body.
Shall have the meaning of "supervisor" as defined herein.
A structurally enclosed area.
Any municipally owned or maintained park, beach, building
or other property, including, but not limited to, athletic fields
and maintained paths.
The inhaling, exhaling, vaping, aerosolizing or burning of
a lighted cigar, cigarette, pipe, electronic device, or any other
matter or substance containing tobacco or cannabis, whether natural
or synthetic.
The person who ultimately controls, governs or directs the
activities and conduct of employees within a certain department or
division.
Smoking or the consumption of cannabis and cannabis products
shall be prohibited at all times at all Township public facilities.
[1]
Editor's Note: This ordinance also amended the title of this
subsection, which was formerly Smoking Prohibited.
[Ord. #2-1995, § 1; Ord. No. 010-2017; amended 5-10-2021 by Ord. No. 012-2021]
a.
Any certified coach, department head or supervisor, or their designee,
may order any person smoking or consuming cannabis or cannabis products
in violation of this section to comply with the provisions hereof.
Thereupon, any member of the public who smokes or consumes cannabis
or cannabis products in public facilities is in violation of this
section and shall be subject to a fine as hereinafter provided.
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 or consumes cannabis or cannabis
products in any public area in which such conduct 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 or consuming cannabis or
cannabis products 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 or consume cannabis or cannabis products shall,
upon reentering 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; amended 5-10-2021 by Ord. No. 012-2021]
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 and
consuming cannabis or cannabis products 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; amended 8-22-2022 by Ord. No. 019-2022]
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. In addition, nothing contained in this section shall apply to any person or persons attending an event in which the sale and consumption of alcoholic beverages is authorized by resolution of the Township Committee pursuant to Chapter 6, § 6-7 of this Code.
[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:
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.
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.
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.
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:
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.
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.
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.
g.
Restricted uses and activities. The following standards shall apply
to the activities or sources of sound set forth below:
[Added 12-12-2022 by Ord.
No. 027-2022]
1.
Power tools, home-maintenance tools, landscaping and/or yard-maintenance
equipment, excluding emergency work, used by a residential property
owner or tenant, shall not be operated before 7:00 a.m. or after 9:00
p.m., Monday through Saturday, or before 9:00 a.m. or after 6:00 p.m.
on Sunday. All motorized equipment used in these activities shall
be operated with a muffler and/or sound-reduction device consistent
with the original manufacturer specifications for such motorized equipment.
2.
Power tools, landscaping and/or yard-maintenance equipment used by
nonresidential operators (i.e., commercial operators), excluding emergency
work, shall not be operated on a residential, commercial, or industrial
property during the following hours:
[Amended 3-13-2023 by Ord. No. 003-2023]
(a)
Labor Day through Memorial Day (exclusive): Monday through Saturday,
all zones: before 7:00 a.m. or after 7:00 p.m.; Sunday, all zones:
before 9:00 a.m. or after 6:00 p.m.
(b)
Memorial Day through Labor Day (inclusive): Monday through Saturday,
Resort Residential (RR) and Resort Commercial (RC) Zones: before 8:00
a.m. or after 6:00 p.m.; Monday through Saturday, all zones except
RR and RC: before 7:00 a.m. or after 9:00 p.m.; Sunday and official
holidays, RR and RC Zones: no work is permitted; Sunday, all zones
except RR and RC: before 9:00 a.m. or after 6:00 p.m.
(c)
All motorized equipment used in these activities shall be operated
with a muffler and/or sound-reduction device consistent with the manufacturer
specifications for such motorized equipment.
3.
All construction and demolition activity, excluding emergency work,
roadway work authorized by the Township, N.J. Department of Transportation
or the County of Cape May, or beachfill operations authorized by the
U.S. Army Corps of Engineers or N.J. Department of Environmental Protection,
shall not be performed during the following hours:
[Amended 3-13-2023 by Ord. No. 003-2023]
(a)
Labor Day through Memorial Day (exclusive): Monday through Saturday,
all zones: before 7:00 a.m. or after 9:00 p.m.; Sunday, all zones:
before 9:00 a.m. or after 6:00 p.m.
(b)
Memorial Day through Labor Day (inclusive): Monday through Saturday,
Resort Residential (RR) and Resort Commercial (RC) Zones: before 8:00
a.m. or after 6:00 p.m.; Monday through Saturday, all zones except
RR and RC: before 7:00 a.m. or after 9:00 p.m.; Sunday and official
holidays, RR and RC Zones: no work is permitted; Sunday, all zones
except RR and RC: before 9:00 a.m. or after 6:00 p.m.
(c)
All motorized equipment used in construction and demolition activity
shall be operated with a muffler and/or sound-reduction device consistent
with the manufacturer specifications for such motorized equipment.
The Township Committee may authorize construction and demolition activities
outside of the normally permitted hours subject to such conditions
as may be imposed by the Township Committee.
4.
Collection of solid waste and/or recycling shall not be performed
between the hours of 6:00 p.m. and 6:00 a.m.
[Ord. #012-2010]
[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:
[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:
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.
