Editor's Note: See Chapter 3 for the establishment of the Police Department.
[1993 Code § 53-1]
The purpose of this section is to provide standards and regulations for various types of intrusion, security and fire emergency alarm devices which, by direct line, actuate an alarm display panel at the Police Headquarters of the Township of West Caldwell and require response thereto by the Police Department.
[1993 Code § 53-2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device designed to summon the police to any location in response to an alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other officers within or without the Township of West Caldwell so long as such activity is not connected to the alarm display panel at Police Headquarters; except, however, that any person having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with subsection 6-1.6a This section shall not prevent the testing by other alarm companies or suppliers of alternate systems, except that such testing must first be approved by the Township Council. Other alarm companies may connect their service to the alarm display panel at Police Headquarters only by negotiations with the licensee.
[1993 Code § 53-3]
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM DEVICE
- Shall mean any type of alarm system actuating equipment in the alarm panel providing warning of intrusion or fire.
- ALARM DISPLAY PANEL
- Shall mean that component in the console containing noncoded intrusion, security and fire alarm indications and designations.
- ALARM INSTALLATION
- Shall mean any alarm device or combination of devices installed for one or more buildings at a location other than the communications console.
- COMMUNICATIONS CONSOLE
- Shall mean the console or control panel of devices giving visual and audible indication and general communication and located within the confines of the Police Headquarters of the Township of West Caldwell.
- DESIGNATED REPRESENTATIVE
- Shall mean a member of the Police Department of the Township of West Caldwell.
- DIAL ALARM
- Shall mean that type of device using telephone lines transmitting an alarm directly through the police switchboard.
- FALSE ALARM
- Shall mean any alarm actuated by inadvertence, negligence, unintentional or intentional act of someone other than an intruder or by fire, and shall include, as well, alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms created by malfunctioning of the alarm display panel.
- Shall mean the person obtaining the license to furnish and maintain the alarm display panel as hereinafter defined.
- LOCAL ALARM
- Shall mean any alarm or device which, when actuated, produces a signal not connected to the alarm display panel, such as store burglar alarms actuating bell devices.
- Shall mean any person owning or leasing an alarm device or a local alarm within the scope of this section.
- Shall mean and shall include any natural person, partnership, corporation or association.
[1993 Code § 53-4]
There is hereby established a police alarm panel license, which shall be granted to a qualifying licensee upon recommendation of the Township Council as set forth in subsection 6-1.5 of this section. Any such licensee shall have exclusive use and control of the alarm panel, which shall be installed in the communications console in the Police Headquarters building in accordance with specifications on file with the Township Engineer. Such licensee will be responsible, at no cost to the Township of West Caldwell, for the establishment, construction and installation of the panel containing equipment and being of design approved by the Township Council and for the care, maintenance and management thereafter of the panel. The licensee shall locate the panel and relocate the panel if necessary, under the supervision of the Chief of Police or his designated representative, at no cost to the Township of West Caldwell.
Any connection to the alarm panel shall be of a type inspected and approved by the Chief of Police or his designated representative, and any person aggrieved by the decision may appeal the decision in writing within 10 days to the Township Clerk/Administrator.
All alarms meeting the requirements of this section and which are connected to the existing alarm panel as of the date of the adoption of this section shall be connected to the new alarm panel and the connection tested by the licensee. The licensee may charge such connecting and maintenance fees to permittees as set forth below.
The licensee for the alarm and display panel shall be permitted to charge permittees and subscribers no more than a maximum installation fee of $100 and a maximum monthly retainer or maintenance fee of $12, the exact amounts to be determined through competitive bidding. However, no fee shall be charged to the Township of West Caldwell or the Caldwell/West Caldwell Board of Education or the West Essex First Aid Squad for monthly charges or console connection charges for any existing or future alarms in buildings within the township limits, and any equipment or alarm devices installed by the alarm panel licensee in such buildings shall be at wholesale cost, exclusive of labor charges.
The licensee shall install initially an annunciator or display panel that is capable of displaying up to 1,000 alarms. The installation and performance of this panel shall be fully in accordance with specification.
Except as provided in subsection 6-1.7 of this section, any license issued hereunder shall be for a term of three years from the date of approval by the Township Council. Such licensee shall post with the Township Clerk/Administrator a performance bond in the amount of $5,000, noncancelable without notification to the Township Council, guaranteeing performance for five years of the obligation of the licensee and insuring maintenance of the alarm panel and alarm system during the period when such license is in force.
[1993 Code § 53-5]
Prequalification. Persons desiring to bid for the license shall make application to the Township Clerk/Administrator, which application shall disclose information required by the Township Clerk/Administrator concerning the ability of the proposed applicant to comply with the requirements of this section and technical specifications and shall indicate, in any event, that:
The applicant has satisfactory financial and personal references indicating his or its ability to comply with the terms of this section.
The applicant has an office in the Township of West Caldwell or within a 15 mile radius thereof with adequate personnel available on a twenty-four-hour basis to service the alarm panel and ancillary equipment.
The applicant must be able to offer equipment which will conform to technical specifications on file with the Township Engineer. The specifications shall be made available to the applicant by the Township Clerk/Administrator for such fee as may be in force at the time.
The Township Council shall designate the time and place for receiving sealed bids by those eligible to submit bids as set forth in paragraph a above, which bid shall indicate the bond and other requirements of this section and shall state the charges for installation and maintenance applicable to permittees. These charges shall not exceed the maximum installation and monthly charges prescribed by subsection 6-1.4d of this section. Upon the return of sealed bids, the Township Council may award the license to the person whose bid taken as a whole is most advantageous to the subscribers and permittees of the alarm system and to the Township of West Caldwell from a cost standpoint, and, in conjunction therewith, the Township Council reserves the right to reject any and all bids.
[1993 Code § 53-6]
Any person, firm or corporation which owns or operates an alarm device or a local alarm (each to guard against intrusion or fire, but excluding selfcontained smoke detectors with an indoor audible signal) shall make application for the continuance thereof in writing to the Chief of Police, which application shall contain at least the location of the device, the name of the installer of the device and the type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm and other information as may be required by the Chief of Police.
All local alarms with outdoor audible signals shall be registered, but no fee shall be charged therefor.
For alarm devices connected to the alarm display panel at Police Headquarters, the permittee shall pay whatever charges are required by any alarm company making such installation, and, in addition thereto, such alarm company shall pay connection and monthly maintenance charges to the licensee of the alarm panel as set forth in subsection 6-1.4d of this section.
[1993 Code § 53-7]
The Township of West Caldwell shall be under no duty or obligation to any permittee hereunder or to any alarm panel and allied equipment being maintained at will and subject to termination at any time by cancellation of the system by resolution duly adopted by the Township Council, and any individual permit issued hereunder may be revoked at any time by the Township Council upon recommendation of the Township Clerk/Administrator and Chief of Police, provided that 30 days' notice is given in writing to the permittee.
[1993 Code § 53-8; New]
Dial alarm devices shall only be connected to Police Headquarters on telephone lines designated by the Chief of Police. Said dial alarm devices shall be registered as specified in subsection 6-1.6a of this section. No further dial alarm permits will be issued after commencement of the operation of the aforesaid alarm display panel.
Local alarm devices having an audible alarm installed out of doors shall be designed to limit the operation of a bell or sound producing instrument to a maximum of 30 minutes after activation. If the duration of an activated audible device of a local alarm exceeds 30 minutes, the warnings and penalties provided by paragraph d of this subsection shall apply as though a false alarm had been activated.
A licensee for the alarm panel and any permittee utilizing the services of an alarm company connected to the panel shall provide for a representative to be on call at all times, and such service shall be provided within eight hours of notification by the Police Department of any malfunctions of any equipment.
In the case of a false alarm, any person having knowledge thereof shall immediately notify Police Headquarters. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of the alarms on file. For such false alarms the following penalties shall be imposed:
For the first and second false alarms in any given calendar year, a warning shall be issued.
For the third false alarm in the same calendar year, a fine of $25 shall be paid to the Township of West Caldwell.
For the fourth through ninth false alarms in the same calendar year, a fine of $50 for each occurrence shall be paid to the Township of West Caldwell.
For the tenth and subsequent false alarms in the same calendar year, a fine of $100 for each occurrence shall be paid to the Township of West Caldwell.
Where the investigation of the Police Department discloses continued abuse of a dial alarm or the privilege of connection to the alarm display panel and a disregard of the permittee for taking remedial steps to avoid false alarms, the Chief of Police reserves the right to require disconnection from the alarm panel or to require that dial alarms not dial the switchboard at Police Headquarters for a limited or permanent time, provided that no such permit or registration shall be revoked or suspended without giving the permittee an opportunity to show cause before the Chief of Police why such action should not be taken.
Any unauthorized equipment may be disconnected by order from the Chief of Police or his designated representative for noncompliance with this chapter, and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section, and each and every day the equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed as having consented to inspection of the premises on which the alarm devices are installed at reasonable hours by the Chief of Police or his designated representative.
Each connection to the alarm display panel at Police Headquarters shall be tested by the licensee to verify conformance to the requirements of this section and compatibility with the licensee's alarm system.
The licensee shall notify the Chief of Police or his designated representative in writing three days prior to disconnecting any alarm from the alarm display panel.
[1993 Code § 53-9]
A condition prerequisite to the issuance of a permit or license pursuant to this section shall be the obligation of each permittee and the alarm contractor of such permittee and each licensee to agree in writing to indemnify and save harmless the Township of West Caldwell, its agents, servants and employees, including but not limited to members of the Police Department of the township, from and on account of any and all damages arising from or as a result of any and all phases of the operation of any such permittee, alarm contractor and alarm panel licensee. Additionally, it shall be a further condition precedent to the issuance of a permit or license that each permittee alarm contractor and licensee agree in writing to indemnify and save harmless the Township of West Caldwell, its agents, servants and employees, including the members of the Police Department of the township, from and on account of any and all damages arising from or as a result of any forced entry by police personnel into unattended premises occurring during alarm response.
[1993 Code § 53-10]
The Chief of Police may from time to time promulgate rules and regulations supplementing this section in order to provide for record keeping and efficient management of the system.
[1993 Code § 53-11; New]
Any person, firm or corporation found guilty in the Municipal Court of the Township of West Caldwell for violation of the terms of this section, (with the exception of false alarms, for which fines are prescribed by subsection 6-1.8d) shall be subject to a fine as stated in Chapter 1, Section 1-5, General Penalty of this Code.
Editor's Note: This ordinance shall take effect immediately upon passage and publication for all new construction or new alarm system installations but for existing systems, the effective date is January 1, 2008.
[Ord. No. 1604 § 1]
The owner of any property, with one- and two-family residences being specifically exempted, in the Township of West Caldwell equipped with a fire alarm system regulated under this chapter shall install a security box containing an adequately labeled key or keys or any codes which allow full access to the property in the event of an activated fire alarm. Security box shall be defined for purposes of this section as a secured, locked device that is located on the exterior of the premises at or near the main entrance which can be accessed by the West Caldwell Fire Department in the event that a fire alarm is activated and it is or becomes necessary to gain access to the premises in order to adequately determine the cause of the activation of the fire alarm. The security box shall contain a key or keys or code to provide such access to the premises. The security box shall be of a type that is commonly known as the "Knox-Box®." The precise location of the security box shall be subject to the approval of the Fire Chief, while the appropriate size will be determined through consultation with the Fire Official. Any and all costs associated with the purchase, installation or maintenance of these security boxes shall be the sole responsibility of the property owner. The failure to install and/or properly maintain a security box as outlined in this subchapter shall constitute a violation of this chapter by owner and occupant.
[Ord. No. 1604 § 1]
Regardless of the installation of a "Knox-Box®," it shall be the responsibility of the person who utilizes an alarm system and who has supplied a list of contact persons to the township in compliance with Chapter 6, subsection 6-1.6 to insure that the contact person, when called, appears at the property personally or through a designated representative within 30 minutes of receipt of the call, to secure the premises or shut off the fire alarm as required by the Township Fire Department officials responding to the alarm. Failure of the contact person or representative to appear shall constitute a violation of this chapter by owner and occupant.
[Ord. No. 1604 § 3]
Any owner of a property subject to this section, who fails to install a security box shall be subject to a fine of $1,000.
[1993 Code § 62-1]
As used in this section, the following terms shall have the meanings indicated:
- Shall mean a device having two tandem wheels connected by a frame and arranged to be ridden and propelled by human muscular power. This definition shall not apply to toy bicycles or velocipedes.
- POLICE SAFETY OFFICER
- Shall mean a member of the Police Department designated by the Chief of Police to serve as safety officer, with the powers, duties and authority hereinafter expressed.
[1993 Code § 62-2]
Composition; Appointment; Term.
A Bicycle Board, to consist of seven persons, is hereby created.
Members of the Board shall be appointed by the Mayor with the approval of the Council in the following manner:
Seven members shall be appointed by the Mayor and Council promptly after the adoption of this section, who shall serve until December 31, 1975.
Thereafter appointments to the Board shall be made as follows:
On January 1 following the adoption of this section:
Thereafter, appointments shall be made upon the expiration of the terms of the members so appointed, for terms of three years.
Duties. It shall be the duty of the Bicycle Board to work in conjunction with the Police Department of the township and, particularly, the police safety officer herein referred to as follows:
To attend with the police safety officer at the times hereinafter mentioned.
To promote the purposes and intent of this section.
To assist in the development of adequate courses of instruction for youngsters under the age of 18 years through courses of instruction to them directly or through their parents.
To provide parents with rules and regulations with respect to the operation of bicycles.
To encourage parents to furnish full and complete information to their children.
To take any and all further action as may be necessary or desirable in carrying out the spirit, purposes and intent of this section.
Additional Duties. The duties of the Board shall also include review of violations and other duties as requested by the Police Department from time to time.
[1993 Code § 62-3]
Required. It shall be unlawful for any person residing in the township to ride or propel a bicycle upon any public street, avenue or highway, including any public area under the jurisdiction and control of the Police Department by virtue of the Traffic Act of the State of New Jersey, without having attached to such bicycle a registration tag or decal as hereinafter provided.
Impoundment; Recovery Fee. A bicycle not properly registered shall be subjected to being impounded. Bicycles so impounded shall be subjected to a recovery fee of $3 for the first impoundment and $5 for the second impoundment.
[1993 Code § 62-4]
Application. Application for registration for a registration tag or decal shall be made by the owner, or, in the case of minors under the age of 12 years, by the parent, at the West Caldwell Police Headquarters upon forms provided therefor. Upon receipt of the application and a registration fee of $0.50 which shall be paid at the time of registration, the Police Department shall issue a registration tag or decal. The decals or tags shall be affixed to registered bicycles as designated by the police safety officer.
Alternate-Year Registration. Registration shall be on a biennial basis in May of alternate years, and each owner shall renew such registration in the month of April in the year in which his registration expires.
Transferal of Ownership. Upon the transfer of ownership of any bicycle, the original owner shall return the registration certificate to the safety officer, giving the name and address of the person to whom the bicycle was transferred. The individual turning in the old registration may apply for and register a replacement bicycle, if any, and have a registration tag affixed without charge. Such reports of transfer shall be made within three days of the date of sale or transfer. The purchaser or receiver of the transferred bicycle, if a West Caldwell resident, shall secure a registration tag in the manner provided in this subsection. Proof of ownership may be required by the Police Department or the Bicycle Board.
Prohibited Acts. It shall be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter the number of any bicycle frame or alter any registration tag during the time in which such registration tag is operative.
Police Identification Numbers. The Police Department or the Bicycle Board may stamp numbers on the frame of bicycles on which no serial number can be found or on which the number is illegible or insufficient for identification purposes.
Loss, Destruction or Defacing of Tags. Any registration tag which is lost, destroyed or defaced shall be replaced by the Police Department. Any such loss, destruction or defacing shall be reported by the owner of the bicycle to the Police Department within 48 hours.
Rental Agency. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a registration tag is attached thereto.
[1993 Code § 62-5]
Police Authority. The Police Department shall be and is hereby authorized to inspect any bicycle on any public street, avenue or highway or public place at any time to ascertain whether or not it has a registration tag properly displayed thereon in legible condition or whether the bicycle is in proper mechanical operating condition so that it can be operated safely.
Unlawful or Unsafe Operation. If a bicycle is being used or operated without the registration tag in legible condition or the bicycle is determined to be unfit for safe operation, the operator shall be liable to the conditions set forth in subsection 6-2.7 hereof.
Notice; Correction of Defects. If the bicycle does not conform to the requirements of this section, then and in that event the safety officer or member of the Board shall take the name and address of the operator of the bicycle, and notice, in writing, shall be forwarded to him promptly of the defects with a request that the defects be corrected promptly. A further operation without correction shall be considered a violation of this section.
[1993 Code § 62-6]
Prohibition. No operator of a bicycle shall leave a bicycle lying on or standing upon the sidewalk or street in such a manner as to hinder or impede pedestrians or vehicular traffic.
Traffic Rules to Be Observed. All persons riding or propelling bicycles upon any street, avenue or highway or other public place within the township shall observe all rules and regulations set forth in the Traffic Act of the State of New Jersey, N.J.S.A. 39:4-1 et seq., provided in this section and by rules and regulations adopted by the Bicycle Board. A copy of such rules and regulations of the Board shall be given to each licensee at the time of issuance of such registration. All licensees shall comply with such rules and regulations, and their failure to do so shall subject them and each of them to the terms and conditions laid down in subsection 6-2.7 hereof relating to violations.
Impoundment Prohibition; Exception; Possession. No bicycle shall be impounded except as hereinafter provided. In the event of a violation hereunder, the operator shall be entitled to retain possession but shall remain subject to the provisions of this section.
Recovery of Stolen Bicycles. Police officers, in the event of the recovery of a bicycle which has been reported stolen or which the officers believe to have been stolen, may impound the bicycle and require the operator to furnish proof of ownership. If the alleged stolen bicycle is in the possession of a minor, the officer may require the minor and his parent to attend before the Board to establish ownership of the bicycle or to assist in the determination of the ownership of such bicycle.
[1993 Code § 62-7]
Minors. Any minor under the age of 18 years who violates any of the provisions of this section shall, for the first offense, be informed of such violation and, for public safety reasons, of the hazards to the operator of the bicycle and to other persons and shall be required to demonstrate his familiarity and knowledge of the rules and regulations adopted for his safety. For the second offense he shall be reprimanded in writing by the Police Department, addressed to the parent or guardian of the offender, stating the nature of the violation and the necessity for complying with the rules and regulations to avoid injury to his person. A third offense shall require a notice from the Police Department to the offender and his parent or guardian to appear before the designated police safety officer and Bicycle Board.
Suspension of License. If it shall appear that there has been a violation of any of the rules and regulations of the laws of the State of New Jersey, this section and the rules and regulations of the Board, then the Board shall suspend or revoke, for a reasonable period, the license granted hereunder.
Penalty. Any person over the age of 18 years violating any of the provisions of this section for bicycle riding, rules or registration and licensing of bicycles, after the first offense, may, upon conviction thereof, have his or her registration suspended by the Police Department and shall also be subject to a penalty or fine not exceeding the sum of $50 in the discretion of the Judge.
Rentals. Any person violating any of the provisions of this section relating to the rental of bicycles shall be subject to a fine not exceeding the sum of $50, in the discretion of the Judge.
[1993 Code § 62-8]
The intent of this section is not the prosecution of children but the education and training of children for their own and the community welfare. Failure to comply with or the violation of any provisions of this section or with the safety regulations promulgated by the Board may also subject the operator to the authority having jurisdiction over juvenile offenders.
[1993 Code § 129-1; Ord. No. 1573 § I]
As used in this section:
- Shall mean putrescible animal and vegetables waste resulting from the handling, preparation, cooking and consumption of food.
- Shall mean garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare, including 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 flaming or glowing material or any trash, debris, grass clippings or other lawn or garden waste, newspapers, 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, saw milling, farming or manufacturing.
- LITTER RECEPTACLE
- Shall mean a container suitable for the depositing of litter.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PUBLIC PLACE
- Shall mean all streets, sidewalks and all public parks, squares, grounds, bus stop shelter areas and buildings.
- Shall mean all putrescible and nonputrescible solid waste (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste.
- Shall mean nonputrescible wastes, consisting of both combustible and noncombustible wastes, such as wrappings, cardboard, yard clippings, wood, glass, bedding, crockery and similar materials.
- Shall mean every device in, upon or by which any person or property is or may be transferred or drawn upon a highway, including devices used exclusively on stationary rails or tracks.
[1993 Code § 129-2; Ord. No. 1573 § I]
No person shall sweep, throw, drop, place, discard, deposit or dump litter in or on any property, whether occupied, open or vacant and whether owned by that person or any other person, or in a public place or pond, lake or stream or other body of water within the Township, except in a public litter receptacle or in an authorized private litter receptacle for collection, or having done so, to allow such litter to remain.
[1993 Code § 129-3; Ord. No. 1573 § I]
Litter receptacles and their servicing are required at the following public places which exist in the municipality.
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there be no single 1/4 mile without a litter receptacle.
Buildings and railroad and bus stations.
All street vendor locations.
Self-service refreshments areas.
Gasoline service stations' islands.
— 14. (Reserved)
At special events to which the public is invited, including sporting events, carnivals, circuses and festivals.
The properties of these places or the sponsors of these events shall be responsible for prevailing and servicing the litter receptacles such that adequate containerizations are available.
Persons placing litter in a public litter receptacle or in an authorized private litter receptacle shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property.
[1993 Code § 129-4]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, catch basin, right-of-way or other public place with the township the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying private property shall keep the sidewalk in front of their premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[1993 Code § 129-5]
It shall be unlawful for any residential property owner to store or permit storage of bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[1993 Code § 129-6]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[1993 Code § 129-7]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicles on his or her residential lawn.
[1993 Code § 129-8]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns, except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which:
[1993 Code § 129-9; Ord. No. 1573 § I]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle or boat from which any litter is thrown or discarded, or allowed to fall or escape shall immediately cause the litter to be removed and placed in a litter receptacle. Both the owner and operator of the vehicle or boat shall be deemed to have violated this section.
[1993 Code § 129-10; Ord. 1573 § I]
It shall be unlawful for any person to permit open or overflowing waste disposal bins on any residential or commercial property.
[1993 Code § 129-11]
No person shall bring, cart, remove, transport or collect any litter from outside the township and bring it into the township for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the township shall be parked or allowed to remain standing on any street in the township or on any public or private property.
[1993 Code § 129-12]
Advertisements, handbills, circulars and papers may be distributed in the township only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the township.
[1993 Code § 129-13; Ord. No. 1573 § I]
[1993 Code § 138-1]
It shall be unlawful for a person to make or cause to be made any loud, unnecessary or unusual noise or any noise which, by its nature or by the time when it is made, does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
[1993 Code § 138-2; Ord. No. 1317 § 1; Ord. No. 1332 § 1]
Without intending to limit the generality of subsection 6-4.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
Radios, televisions and phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Yelling; shouting. Yelling, shouting or hooting on the public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any dwelling or other type of residence or of any persons in the vicinity.
Animals; birds. The keeping of animals, birds or fowl which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 9, Animal Control, of this Code.
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.
Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal-combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.
Construction or Repair; Emergencies.
The carrying on of grading, excavation on any lands or the demolition, construction, erection, repair or alteration work on any building or the operation of any pile driver, steam shovel, bulldozer or other earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise, other than between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday. Operations on Sunday are prohibited.
The carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 8:00 a.m. and 9:00 p.m.
In case of urgent necessity or in the interest of public health or safety, the Director of Public Works or Construction Official may grant a special permit for excavation, demolition, construction, repair or alteration work for a period not exceeding three days, by the terms of which permit such work may be carried on between 5:00 p.m. and 8:00 a.m.
Schools; Courts; Churches; Hospitals. The making of excessive noise on a street adjacent to a school, institution of learning, church or Municipal Court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school or hospital area.
Lawn care equipment powered by internal combustion engines, including but not limited to leaf blowers and lawn mowers, may only be operated in the Township of West Caldwell between the hours of 7:30 a.m. and 9:00 p.m. on weekdays, and between 9:00 a.m. and 9:00 p.m. on Saturdays and Sundays.
It shall be a violation of these provisions to operate any such equipment without a properly functioning muffler.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[1993 Code § 138-3]
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.
[1993 Code § 138-4]
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Chief of Police for each occasion and each location:
[1993 Code § 138-5]
[1993 Code § 190-1]
No person shall place, abandon, leave, keep, store or permit the placing, abandoning, leaving, keeping or storage of any motor vehicle not currently in use for transportation and not licensed for the current license year or any other unused machinery or equipment out-of-doors upon any public or private land in the township or between the right-of-way side lines of any public thoroughfare. Nothing in this section shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage or other building.
[1993 Code § 190-2]
If any article described in subsection 6-5.1 shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted it to be left, placed, kept or stored there.
[1993 Code § 190-3]
Whenever it shall appear to the appropriate official or to any member of the Police Department that this section is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant in possession of the land on which the violation exists to abate the violation by removing the article constituting the violation from the township or into an enclosed garage or other building within 10 days of the service of the notice. If the owner or tenant resides in the township, the notice shall be served upon him personally or by leaving it at his usual place of abode with some member of his household over the age of 14 years. If the owner or tenant resides outside the township, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which legal notices of the township may be published, and the owner or tenant notified shall abate the violation.
[1993 Code § 190-4]
Whenever it shall appear to any member of the Police Department that there is a violation of this section, he shall:
Determine whether any article constitutes or may constitute a traffic hazard, and, if so, he shall move it or cause it to be moved to a nonhazardous location or into an enclosed storage place.
Ascertain, if he can, who the owner of the article is and, in writing, notify the owner to abate the violation within 10 days after the service of the notice. The notice shall be given in the same manner as designated in subsection 6-5.3.
If any article constitutes or may constitute a traffic hazard and it cannot be moved to a nonhazardous location, or if the name and address of the owner of the article cannot be ascertained or if the violation is not abated in the time required by the notice given under paragraph b., he shall determine whether the article has a value in excess of the cost of removing it to an enclosed storage and the cost of storing it for three months in the case of motor vehicles and for six months for all other articles.
Unless the article appears to have a value clearly in excess of such cost, he shall arrange, if he can, for its removal by someone who will do so without cost to the township; otherwise, he shall arrange for its removal to an authorized dump at the expense of the township.
If the article appears to have a value clearly in excess of the cost, he shall remove it or cause it to be removed at the expense of the township to enclosed storage.
If the article is removed by the township, notice shall be given to the owner of its removal, the place to which the article has been removed and the owner's right to reclaim it by paying the cost of removal and interim storage charges.
[1993 Code § 190-5]
If any article impounded by the Police Department shall remain in its possession, after notice to the owner, after three months for motor vehicles and six months for all other articles, the impounded article shall be deemed to have been abandoned and forfeited by the owner, and the Council shall sell and dispose of it as provided in N.J.S.A. 40A:14-157.
[1993 Code § 195-1]
It shall be unlawful to operate any type of unlicensed motordriven vehicle or conveyance, including but not necessarily limited to snowmobiles, two-wheel motor vehicles known as minibicycles, trail bicycles or motor scooters and four-wheel motor vehicles known as go-carts, under the following circumstances:
On private property of another without the express permission to do so by the owner or occupant of the property.
On any public street located within the Township of West Caldwell.
On public grounds without express provisions or permission to do so by the proper public authority.
In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety of any person or the property of any other person.
[1993 Code § 195-2]
This section shall not apply to police and emergency vehicles.
This section shall not be applied to any recognized organization which has applied to the Township Council for specific use privileges to specified township-owned lands and premises for the purpose of having organized and supervised activities conducted thereon, so long as an insurance policy is filed with the Township Clerk/Administrator for which the Township Council has given its specific approval and for which the township shall be held harmless for any such use of its lands and premises.
[1993 Code § 195-3]
The police shall immediately confiscate the unlicensed motor-driven vehicle operated in the prohibited areas or in the prohibited manner described in subsection 6-6.1 above. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon direction of the court. This shall be in addition to the penalty included in paragraph b.
[1993 Code § 186-1]
As used in this section:
- TRAILER, CAMP CAR OR HOUSE CAR
- Shall mean any vehicle used or intended to be used as a conveyance upon the public highways, streets and avenues, and shall include self-propelled and non-self-propelled vehicles designed, constructed or reconstructed in such manner as to permit occupancy as dwellings or sleeping places for one or more persons and having temporary foundations of wheels, jacks, skirtings or otherwise.
[1993 Code § 186-2]
No person shall keep, place, park or maintain any trailer, camp car or house car on any highway, street or avenue in the township or keep, park or maintain a trailer for use as a dwelling or living quarters on any premises, public or private, within the township.
[1993 Code § 186-3]
The prohibitions contained in the preceding subsection shall not apply to a trailer, camp car or house car which is otherwise lawfully parked at any point in the township for the purpose of storage, repair or visiting, for a period of time not to exceed six hours in any year.
[1993 Code § 186-4]
[1993 Code § 93-1; Ord. No. 1752 § 1]
No person shall fire, set off or discharge within the limits of the township any revolver, pistol, gun, rifle, shotgun or firearm of any description using cartridges, gunpowder or other explosive substances for ammunition, provided that nothing contained shall be construed to extend to law enforcement officers, to military maneuvers or to target practice upon a firing range approved by the Chief of Police, to competition in and upon a firing range approved by the Chief of Police, to the holders of a special license or permit under a state law authorizing the destruction of vermin or animals, or to a deer management program approved by the Governing Body.
[1993 Code § 93-2; Ord. No. 1752 § 2]
No person shall, at any time, hunt for, pursue, shoot at, kill, capture, injure or destroy any wild bird, animal or fowl within the township with a gun or any firearms of any kind or character, with an air rifle, pistol or spring gun of any kind or character, or with a bow and arrow, except in connection with a deer management program approved by the Governing Body.
[1993 Code § 93-3]
Any person or persons violating the provisions of this chapter shall, upon conviction thereof, be subject to a fine as stated in Chapter I, Section 1-5, General Penalty, of this Code.
[1993 Code § 172-23; Ord. No. 1669 § 1; Ord. No. 1719]
The property owner, tenant or occupant of real property fronting upon any street in the township shall, within 24 hours after snow has fallen or ice has been formed upon any sidewalk or walkway, or if snow has fallen or ice has been formed overnight within eight hours of sunrise, remove all snow and ice from all sidewalks and walkways, including a pathway to any street crossing.
Any snow or ice placed onto the road by a snowplow operator, snow blower, or by hand shoveling shall be cleared and pushed back across the road to the opposite curb. The property owner, tenant or occupant shall ultimately be responsible to see that the road is clear as a result of the above action. Where snow or ice has become frozen so that it cannot be removed, the property owner, tenant or occupant shall cause the snow or ice to be covered with sand, ashes, salt or chemicals. This section shall not apply to any sidewalk area within the public street not improved with flagging, cement, concrete or bituminous concrete.
[1993 Code § 172-24; Ord. No. 1686; Ord. No. 1719]
In the event of the refusal or neglect of the property owner, tenant or occupant to remove all snow and ice from all sidewalks and walkways in accordance with subsection 6-9.1, the property owner, tenant or occupant shall, upon conviction thereof, be subject to a fine as stated in Chapter I, subsection 1-5.7, Local Supplemental Violations Bureau Schedule of this Code. Each day of violation shall constitute a separate violation.
In the event of the refusal or neglect of the property owner, tenant or occupant to remove all snow and ice from all sidewalks and walkways within 24 hours, the Superintendent of the Department of Public Works may cause the snow or ice to be removed from the sidewalks or walkways. The cost of removal, as ascertained by the Township Engineer or Superintendent of Public Works, shall be certified to the Tax Collector and shall be added to and form a part of the taxes next to be levied and assessed upon the land and shall be a lien upon the land until paid.
This shall be in addition to the penalty included in paragraph a.
[1993 Code § 69-1]
The owner or tenant in possession of land lying within the limits of the township and being a corner lot or property on intersecting streets or roads shall keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of each of the two intersecting streets or roads cut to a height of not more than 2 1/2 feet above the adjacent sidewalk elevation. In any case, however, where a strict application of this section would result in undue hardship, the Township Council, upon recommendation of the Chief of Police, may, by resolution, grant a variance from the strict application.
The owner, tenant or person in possession of any land in the township shall keep it free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the township or which may constitute a fire hazard.
[1993 Code § 69-2]
After an investigation of any complaint of a resident, officer or employee of the township relative to a violation of this section, or upon his own motion, the official concerned, the Police Chief under subsection 6-10.1a or the Health Officer under subsection 6-10.1b, shall notify the owner, tenant or person in possession of the lands complained of, in writing, either personally or by registered mail, to cut the brush, hedges and other plant life as provided in subsection 6-10.1a or to remove any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris, within 10 days after receipt of the notice. The official concerned shall reinspect the lands in question after the ten-day period.
[1993 Code § 69-3]
If an owner, tenant or person in possession of the lands in question shall fail to abate the condition complained of within 10 days after receipt of notice, the appropriate official shall cause the condition complained of to be abated and shall certify the cost to the Council, who shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[1993 Code § 56-6F]
No person under the legal age shall possess, serve, sell or consume any alcoholic beverages in any public place within the municipality.
The following acts are prohibited:
Be intoxicated or drunk or disorderly in any public omnibus, street, highway, thoroughfare or on any sidewalk or in any private house, home or in any boarding house, store, restaurant, or other private, public or quasi-public place or house to the annoyance of any person.
Make, cause or suffer or permit to be made, or caused on any premises owned, occupied or controlled by him or other upon any public street, alley or thoroughfare in this township, the accumulation of garbage, refuse, manure of animal or vegetable matter which is hazardous to the health or comfort of any of the inhabitants in the township.
Throw or discard any tin cans, bottles, papers, containers, garbage or refuse of any kind whatsoever into the waters of any pond, stream, lake or river or upon the public street or public place or discharge any sewage or waste into the waters or places or any of them or pollute the waters in any manner.
Throw any paper or posters, stones, sticks, glass, containers or waste material, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public place or at any car, vehicle, house, building, fence or person.
Throw, dump or deposit any earth, dirt, rock, junk, refuse, debris, rubbish, papers, cans or containers, or similar material upon any public street, sidewalk or public place in the township.
Throw, cast upon or lay, or direct, suffer or permit any servant, agent, or employee to throw, cast upon or lay any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, grass, cuttings from plants, trees, or shrubs, shavings, paper, dirt, filth, broken glassware, crockery, bottles, containers or cans, or rubbish of any kind whatsoever in and upon any street, or sidewalk thereof; the provisions of this section shall not apply to any of the items above referred to when placed in containers or in packages for the collection of garbage or refuse.
Throw, cast upon or distribute, or cause to be thrown, cast upon or distributed any handbill, circular, card or other advertising matter whatsoever in or upon any street or public place, or in any front yard of private premises or in any vehicle or in the vestibule or hall of any building, public or private.
Throw, drop, dump on, tow to and otherwise, place on open fields or other private property, without first obtaining the permission of the owner or person in possession of the property, any abandoned vehicles, automobile, automobile parts, junk, paper, bottles, cans, trash, garbage, refuse or debris of any nature.
Cause or permit to be emitted any dense smoke which contains soot or other substances in sufficient quantities to permit the deposit of soot or other substances on any surface within the limits of the township.
Cause or permit to be emitted any vile, offensive, obnoxious, or nauseating odor, or any odor that may be vile, offensive, obnoxious, or nauseating to any of the residents of the township.
Place or cause to be placed any obstruction of any kind whatsoever in any stream, pond, spring, or lake so as to interfere with the natural flow or change the courses, thereof in any manner whatsoever without first obtaining the necessary permit from the Division of Water Policy and Supply of the Department of Conservation of the State of New Jersey, pursuant to R.S. 58:1-26-27 of the State of New Jersey for such purpose, and filing a copy of the permit with the Township Engineer.
Unnecessarily obstruct any sidewalk, driveway, street or public place with any kind of a sign or signs, vehicle or vehicles or with any kind of box or boxes, lumber, wood, earthern fill or building material, or other things; but the provisions of this section shall not prevent persons who are building from temporarily occupying a portion of the sidewalk, street or public place designated in a permit therefor, first obtained from the Construction Official.
Remove, change, alter, obstruct, destroy, tap, shut off, or interfere in any way whatsoever with any water or sewer line or any utility or any mechanical device connected thereto on any property, either public or private, within the township, without having obtained permission from the proper authorities.
Intentionally, willfully or maliciously destroy or injure any of the wires, posts, machines, bells, traffic signals, sirens, boxes, box or other apparatus of any police or fire alarm system, or intentionally, willfully or maliciously interfere with the same or any part thereof, or hinder or impede any of the operations intended to be accomplished thereby or intentionally cause or assist in causing a false alarm of fire to be given in any manner.
Commit any act of malicious mischief to the property or rights of another person or to the public in general without the consent of the owner. The following acts shall be and constitute malicious mischief:
Removing from an automobile, truck or vehicle any part of parts, tires or other accessories thereto, with the intent to steal and carry away the same.
Damaging a building by explosion, fire or other means.
Burning shrubs, crops, timber or grass.
Altering or damaging or destroying or removing a highway light, pole or support.
Maliciously injuring, destroying, defacing or removing any milestone, post, guideboard or street sign or marker, bridge, private way, pier, tree, rock, post or other monument for designating property, telegraph or telephone wire, or cable or appurtenances belonging thereto, pipe or main for conducting gas or water and appurtenances thereto, telephone or electric lines, or wires, lamps, posts and appurtenances thereto, sewer or drain or pipe connected therewith, fire hydrants, hose or appliances, fire extinguishers, danger sign and guideposts.
To enter upon the garden, orchard or improved cultivated or enclosed lands of another, and willfully or wantonly to sever, destroy, carry away or injure the trees, shrubs, vines, flowers, moss, turf, grain, grass, hay, fruit or vegetables thereon.
Digging, taking or carrying away earth, soil or stone from the land of another.
Placing any trailer, vehicle, object or structure upon the land of another.
Breaking glass windows or doors of another.
Breaking, defacing or injuring any house of religious worship.
Connecting any tube, pipe, wire or other instrument with any instrument used for conducting gas, fuel, electricity or water, without consent of the owner or the one having control thereof, in such manner as to use gas, fuel, electricity or water without the same passing through a meter or other instrument.
Altering, injuring or preventing the action of a meter, valve, stopcock or other instrument used for measuring quantities of gas, electricity or water.
Breaking, defacing or causing to be broken or defaced, the seal on any water, electric or gas meter.
Knowingly or willfully to destroy or carry away the boards, wood or other lumber of another, or to tear down or remove any structure or part thereof, or to destroy or remove therefrom any plumbing, electrical equipment or other appurtenances.
To maliciously destroy, injure or secrete any goods, vehicles, property, chattels or valuable papers of another.
Wantonly or unnecessarily to remove, cut, injure or destroy any tree, shrub, vine, moss or turf, growing or being located upon any public lands of any character whatsoever, including all public parks and the entire rights of way of all public highways, roads, streets and alleys.
Willfully to top, cut, burn, break down, injure or destroy, or otherwise to interrupt or interfere with the current, lines, cables, poles, towers, fixtures or appliances of any telephone or telegraph company, or electric light or power company of municipality engaged in furnishing communication, light, heat or power by electricity; or in any way to injure, remove, destroy or interfere with any signal devices or lights, gas, water or electrical fixtures or appliances.
Deal, play or engage in faro, roulette, dice, cards or other device or game of chance, for money, or buy or sell what is commonly known as a pool, or any interest or share in any such pool, or shall make or take what is commonly known as a book, upon the running, pacing or trotting of any horse, mare, gelding or other animal, or any game, racing, or contest, or have in possession any ticket, slip or other writing or printing, of an interest or share, or showing or indicating an interest, share, bet or pledge, in any pool, lottery, racing, contest or other game of chance, or shall keep or attend a place to which persons may resort for engaging in any such acts, or for betting upon the event of any horse race or other race or contest, or for gambling in any form, and no person shall aid, abet, assist or participate in any such book, lottery, race or other contest or game of chance. This paragraph shall not be construed to apply to the holding and operation of games of chance commonly known as bingo or lotto under a license duly issued under the provisions of the "Bingo Licensing Law," and the holding and operation of games of chance commonly known as a raffle or raffles under a license duly issued under the provisions of the "Raffles Licensing Law."
Enter any building or any public or private lands and break, injure or deface such buildings, or any part thereof or the fences, outhouses or other property belonging to or connected with such building or lands or disturb the exercises of any public school or molest or give annoyance to children going to or coming from such school or annoy any teachers therein.
Trespass on private property and surreptitiously or sneakingly invade the privacy of another by peering into the windows or other openings of dwelling places located thereon for no lawful purpose.
Sell or offer to sell, or having in possession any indecent picture, book or thing; or exhibit or perform any indecent, immoral or lewd act or play or other representation.
Keep or maintain a disorderly house or house of ill-fame or allow or permit any house, shop, store, or other building or structure owned or occupied by him or her to be used as a disorderly house or house of ill-fame.
Solicit, invite or in any manner suggest by word of mouth or any writing or other communication or by any device whatsoever any lewd, lascivious or other immoral act.
Perform any indecent, immoral or unlawful act or deed, in the presence of a child, that may tend to debauch or endanger or degrade the morals of the child: or permit or allow any other person to perform any indecent, immoral or unlawful act in the presence of a child, that may tend to debauch or endanger the morals of the child; or perform any indecent, immoral, or unlawful act or deed to the person of a child, that may tend to debauch or endanger or degrade the morals of a child.
Permit any house, building, land or premises, shop, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
Hinder, prevent or deter by any device whatever, any fireman or other person from rendering lawful assistance in abating or quenching a fire or hinder or interfere with any fireman going to or returning from any fire or place from which a fire alarm is given, or hinder or obstruct any fire engine, hook and ladder truck, hose cart or other fire apparatus or First Aid Squad ambulance going to or from any place from which a fire alarm is given or where by any building or property may be burning.
Carry, without lawful authority, any revolver, pistol, air pistol or gun or CO2 pistol or gun, or other firearm or other instrument of the kind known as a blackjack, sling shot, blow gun or similar device, billy sand club, sand bag, bludgeon, metal knuckles, chain, metal studded belts, or razor, dagger, dirk, dangerous knife, stiletto, bomb or other high explosive concealed in or about his or her clothes or person or in any vehicle, carriage, motorcycle or other vehicle.
Refuse or fail to obey the lawful orders of any police officer, or to exhibit his driver's license or registration certificate, while operating, or parking or sitting in a motor vehicle or any way to interfere with or obstruct a police officer in the performance of his duty.
It shall be unlawful for any person to use or be under the influence of amphetamine, barbituate, barbital, hypnotic or somnifacient drugs, tranquilizers or any prescription legend drug which is not a narcotic drug within the meaning of Section 24:18-2 of the Revised Statutes of the State of New Jersey for a purpose other than the treatment of sickness or injury as prescribed or administered by a person daily authorized by law to treat sick and injured human beings.
In a prosecution under this section it shall not be necessary for the township to prove that the accused did use or was under the influence of any one of the aforelisted specific drug or drugs but it shall be sufficient for a conviction under this section for the township to prove that the accused did use or was under the influence of the drug as provided herein by proving that the accused did manifest physical and physiological symptoms or reactions caused by the use of any such drug.
[Ord. No. 1291 § 1]
In-Line Skate Operators under Age 18 Required to Wear Helmets. A person under 18 years of age shall not ride upon in-line skates, roller blades, roller skates, skateboards or similar devices unless that person is wearing a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard) or the Snell Memorial Foundation's 1984 Standard for Protective Head Gear for Use in Bicycling, or a helmet which is designed specifically for use with a particular device being used.
Penalty for Violation of Helmet Requirements. A person who violates a requirement of this section shall be warned of the violation by the Police Department. The parent or legal guardian of that person also may be fined a maximum of $25 for the person's first offense and a maximum of $100 for subsequent offenses if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided in this subsection for a failure to wear a helmet may be waived if an offender or his parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation, or has been purchased since the violation occurred.
[Ord. No. 1527 § 1]
As used in this section, the following terms shall have the meanings indicated:
- Shall mean the person who owns or has possession, custody or control of shopping carts which are made available for the use of patrons in connection with the operation of a retail business.
- SHOPPING CART OR CART
- Shall mean any hand-drawn or propelled vehicle or wheeled container commonly made available for the use of patrons in markets, supermarkets or self-service stores.
- Shall mean any street, avenue, road, alley, lane, highway, and parking lot, including the land between the street lines, whether improved or unimproved, and comprising any pavements, shoulders, gutters, sidewalks, parking areas and other places within the street lines and places used by the general public.
[Ord. No. 1527 § 2]
The owner or owners of shopping carts used in connection with any retail business and intended for use by patrons shall clearly designate, on each cart, the name of the owner or owners.
[Ord. No. 1527 § 3]
The Chief of Police, or its agent or representative, is authorized to enter, at reasonable hours of a business day, upon premises where shopping carts are provided and available for use for the purpose of inspecting carts for proper identification and otherwise affecting compliance with this section.
[Ord. No. 1527 § 4]
It shall be unlawful for any person to remove a shopping cart from the premises of a retail business, unless the cart is removed from the premises for the purpose of transporting good purchased from the retail business to a properly designated bus stop, and the cart is immediately thereafter placed in a facility designated by the township for the storage of carts. For the purpose of this section, any person who is in possession of any such cart off of the premises of the retail business shall be presumed to have the cart from the premises of the retail business.
[Ord. No. 1527 § 5]
The owner or owners of shopping carts shall cause the carts to be retrieved from facilities designated by the township for the storage of carts no fewer than three times per day, including once within one hour of the opening of the owner's retail business and once within one hour of the closing of the owner's retail business.
[Ord. No. 1527 § 6]
It shall be unlawful for any owner or owners to leave a shopping cart or permit a cart to be left unattended or abandoned on any street or public place within the township. Any cart stored in a township storage facility for a period of 18 hours or more shall be considered abandoned by the owner or owners for the purpose of this section. Any owner who shall directly or indirectly permit his customers to take the carts off the business premises shall be responsible if such carts are abandoned or left unattended on a public street or public place.
[Ord. No. 1527 § 7]
The township shall remove or cause to be removed any shopping cart found abandoned or left unattended on any street and shall take the cart to township property, where it shall be held until redeemed, sold or otherwise disposed of as provided in this section.
[Ord. No. 1527 § 8]
Whenever the township shall take any shopping cart containing the owner's identification, a notice shall be sent by ordinary mail to the owner advising that the cart is held by the township and may be redeemed upon payment of $25 to the township at any time prior to the sale, dismantling or destruction of the cart as provided in this section. No cart shall be delivered to a person seeking to redeem the same unless the person furnishes satisfactory evidence of ownership or right to possession.
[Ord. No. 1527 § 9]
When any shopping cart remains in the custody of the township for a period of 15 days and with respect to which no person has presented to the township proof establishing to its satisfaction of the person's ownership or right to possession, the township shall give public notice in its official newspaper that, at a specified place and time, not less than five days after such notice is published, the cart shall be sold at public auction for not less than $30. If, after notice of sale is given, any person desires to redeem any cart prior to sale, such person shall pay to the township for redemption the sum of $30 plus the cost to the township of advertising the notice of sale divided by the number of carts included in such advertisement.
A general description of the shopping cart to be sold shall be sufficient. The sale shall be conducted by the Township Clerk or by such person as the Township Council shall designate.
If the shopping cart is not sold at public auction, the township may offer it again for sale or may dismantle, destroy or otherwise dispose of the cart.
[Ord. No. 1527 § 10]
Upon redemption or sale of a shopping cart, the proceeds shall be deposited in the general fund of the township.
[Ord. No. 1527 § 11]
Nothing in this section shall prevent or prohibit the leaving of shopping carts on the outside premises of a retail business if the carts are placed in an area designated for the storage of carts that does not constitute an obstruction or hazard to pedestrians and operators of motor vehicles. The owner or owners or operator of any retail business making use of shopping carts shall not be subject to the penalty provisions of this section if such owner or operator has constructed and maintains a cart corral or other device which makes it impossible to roll shopping carts off the premises of the retail business.
[Ord. No. 1527 § 12]
The owner shall conspicuously display signs at all exits from the premises prohibiting removal of shopping carts from the property, except to transport goods purchased on the premises to a properly designated bus stop, and giving notice of the penalties provided for violation of provisions of this section.
[Ord. No. 1527 § 13]
Any person who violates any provisions of this section shall, upon conviction, be punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days or both. This penalty shall be in addition to any fees for redemption and any costs and expenses of public sale chargeable to the owner.