For violation of any provision of this chapter, any other chapter of this revision, or any other ordinance of the Township where no specific penalty is provided regarding this section violated, the maximum penalty, upon conviction, shall be a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars, or imprisonment for a period not exceeding 90 days, or both.
Except as otherwise provided every day in which a violation of any provision of this chapter, or any other chapter of this revision, or any other ordinance of the Township exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
The governing body may prescribe that, for the violation of any particular code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars.
As used in this section:
STREET -- Shall mean and be construed so as to include highways, roads, avenues, public lanes, foot paths and all other public highways for vehicular or pedestrian travel.
PUBLIC PLACE AND PUBLIC BUILDING -- Shall mean and be construed so as to severally mean any and every public place or building within the jurisdiction and control of the Township is or may be in general use by all citizens, and in which all have an equal right of passage at will.
LITTER -- Shall mean any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
It shall be unlawful for any person to discard or dump along any street or road, on or off any street or road right-of-way, any of the following: household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or other private property in any place not specifically designated for the purpose of solid waste storage or disposal.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations, self-service refreshment areas; construction sites; gasoline service stations islands, shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
Litter receptacle shall mean a container suitable for the depositing of litter.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter.
It shall be unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
In the event that the owner or possessor of private property or lands shall refuse or neglect to abate or remedy the condition which constitutes a violation of this section, the municipality may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this section by or under the direction of an appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the materials within five days of receiving a notice of violation. Such officer shall certify the cost thereof to the municipality, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against said lands and will be added to and become and form part of the taxes next to be assessed and levied upon said lands. The fines shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
The owner or tenant of lands abutting or bordering upon the public highways in the Township shall cut and remove or cause to be cut and removed, within the limits of the public highways abutting or bordering upon their lands or the lands occupied by them, all weeds, brush and other impediments.
In case such owner or tenant of any land abutting or bordering upon any public highways shall fail or neglect to remove same within three days after notice by the Township committee to remove the same, it shall be the duty of the officer having supervision of the public highways of the Township, or other officer specially appointed by the Township committee to remove or cause to be removed by or under direction of such officer, all such weeds, brush and other impediments as above mentioned.
In all cases weeds, brush or other impediments are removed from the highways under this section, by or under the direction of such officer of this Township, such officer shall certify the cost thereof to the Township committee, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against the lands abutting or bordering such public highway. The amount so charged shall forthwith become a lien upon such lands, and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
During the periods of snowfall, no person shall throw, shovel, push or blow snow from his driveway into the main portions of the roads plowed by the Township road crews. Any person violating provisions of this section shall upon conviction thereof, be punished by a fine not exceeding fifty ($50.00) dollars.
As used in this section:
SLAUGHTERHOUSE -- Shall mean any building or premises where more than five animals are killed in one calendar month. This section shall not be construed to prevent any farmer from killing animals raised by him within the Township in the ordinary course of his agricultural pursuits.
Slaughterhouses shall be absolutely prohibited within the Township. No building or part thereof within the Township shall be used as a slaughterhouse.
No building or part thereof within 250 feet of any dwelling house shall be used as a slaughterhouse.
No building or part thereof within 250 feet of any public road shall be used as a slaughterhouse.
It shall be unlawful for any person to carry on, maintain, transact, establish, or conduct the business of junk dealer or junk yard in the Township.
As used in this section:
JUNK -- Shall mean any old, discarded or unused waste iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines in whole or in part, demolition or abandonment of automobiles or other vehicles, unregistered motor vehicles which are unfit for reconditioning or for sale for highway transportation, used parts of motor vehicles, including automobile wrecking yards, and any material commonly known and generally referred to as junk in the ordinary meaning of the word, acquired or collected commercially.
JUNK YARD -- Shall mean any lands within the Township on which junk is placed, collected, stored or kept.
JUNK DEALER -- Shall mean any person, firm, association, partnership, or corporation who buy or otherwise acquires junk for commercial purposes within the Township or who collects and stores junk therein, and shall include any auto wrecking business and the sale of used automobile parts.
As used in this section:
CRIMINAL OR EX-CRIMINAL -- Shall mean anyone convicted of, or who has pleaded guilty to, a misdemeanor or greater offense within five years in this or any other State of the United States. This shall include juvenile delinquents who have committed or admitted acts which would be misdemeanors if they were of age.
No persons or organization shall maintain or aid others in maintaining any place, camp, dwelling place or the like, within the Township where five or more persons who are criminals or ex-criminals remain for 48 hours or longer.
No person or organization shall maintain within the Township any place or dwelling, a chief or major purpose of which is the correction, rehabilitation or aid of persons who are criminals or ex-criminals as herein defined.
Any person violating any of the provisions of this section shall, upon conviction thereof, forfeit and pay a fine not to exceed the sum of fifty dollars ($50.00) or be imprisoned in the county jail for not more than 90 days, or both.
It shall be unlawful for any person over the age of 18 to assist, aid, abet, allow, permit, suffer or encourage a student to register or enroll in the North Warren Regional School District or the Blairstown Elementary School when the student is not eligible to attend.
It shall be unlawful for any person over the age of 18 to knowingly permit his or her name, address, or other residence designating documentation to be utilized in the registration or enrollment of any student in the North Warren Regional School District or the Blairstown Elementary School who is not eligible to attend.
Any person violating or failing to comply with the provisions of this section shall, upon conviction thereof, be sentenced to make restitution for the cost of the ineligible student's attendance to the Township of Hardwick, the North Warren Regional Board of Education and pay a fine of not more than one thousand ($1,000.00) dollars. In determining the amount of restitution, the court shall include the amounts incurred by the Township of Hardwick Board Education, including but not limited to tuition costs, investigation expenses and attorneys' fees.
Restitution ordered by the North Warren Municipal Court shall be converted into a lien against the property of the offending party until it is paid.
[Added 5-1-2019 by Ord. No. 2019-03]
As used in this section, the following definitions shall apply in the interpretation and enforcement of this section:
- DISORDERLY ASSEMBLAGE
- Any two or more persons gathered together and acting in a boisterous, noisy, riotous, offensive, disorderly or threatening manner toward each other or others or committing any acts which in any way breach or disturb the peace or tend to breach or disturb the peace.
- PARENT OR GUARDIAN
- 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
- Any place to which the public has access, including but not limited to any street, highway, road, alley or sidewalk. This definition shall also include the front or neighborhood of any store, shop, restaurant, tavern or other place of business, public grounds, public areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter or, in the case of a minor, not owned or under the control of the minor's parent or guardian.
Conduct. All acts constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injuries to or unlawful interference with persons, hazards to the public health and breaches or disturbances of the peace are prohibited.
Placing obscene words or figures on buildings; graffiti. No person shall write or cause to be written any lewd, indecent or obscene word or mark whatsoever or drawn or cause to be drawn any lewd, indecent or obscene figure upon any house, building, wall, fence or other place in the Township. No person shall deface or damage any building or other structure owned by any person or public entity by placing thereon any graffiti, epigraph, or inscription without the consent of the owner of the building or structure.
Disturbing lawful assemblies. No person shall at any time or place willfully disquiet, interrupt or disturb any assembly of people met for a lawful purpose, either by making a noise or by rude, disorderly or indecent behavior or profane language, either within the place of meeting or out of it, so near as to disturb the order and solemnity of the meeting.
Obstructing or threatening persons. No person shall willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person lawfully upon any public thoroughfare, in any public place, or in any automobile, bus, or other public or private conveyance which is lawfully upon any public thoroughfare.
Public drinking; open container. It is unlawful for any person to consume alcoholic beverages in any public place, or to carry open bottles or containers of any alcoholic beverage for consumption in any public place. This shall not apply to persons consuming alcoholic beverages or carrying open bottles or containers of any alcoholic beverage for consumption in a public place where such use or consumption is conducted in compliance with a license permitting such use or consumption.
Violations of any of the provisions of this § 3-9 shall, upon conviction, be a disorderly persons offense and punishable by one or more of the following penalties: 1) a fine not exceeding $1,000; 2) imprisonment for any term not exceeding 90 days; or 3) a period of community service not exceeding 90 days. Separate offenses shall be deemed committed on each during or on which a violation occurs or continues.