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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. No. 385 § 2; Ord. No. 865 § 1]
As used in this section:
GARBAGE
Shall mean and include decayed animal or vegetable matter originating in homes, kitchens, restaurants, hotels, produce markets, stores, and other places where food and food products are stored and prepared for sale and consumption.
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. Litter shall also mean any other waste materials of whatsoever kind, which tends to cause deterioration or destruction of the environment of the Borough.
MERCANTILE AND PUBLIC BUILDINGS
Shall mean a building used for manufacturing, offices, stores, or other purposes, including living quarters.
PUBLIC PLACE
Shall mean all public streets, roads, alleys, parks, grounds and buildings owned by the Borough or Board of Education.
PUBLIC PROPERTY
Shall mean all buildings, grounds, parks, streets, roads, schools, and all sewers owned by the Borough or Board of Education.
RESIDENCES
Shall mean apartment houses, single or multi-family dwellings, rooming houses, or any other buildings occupied as living quarters, for which a rental is paid by the occupants, or private dwellings occupied by the owners including yards and grounds connected with the buildings.
RUBBISH
Shall mean and include broken or discarded crockery, glass bottles, metal cans, cooking utensils, food and milk containers, papers, magazines, pasteboard boxes, large and small cardboard cartons, paper or plastic cups, plates and spoons, discarded building materials or other waste materials.
STREAMS
Shall mean any brook, river, pond, or other body of water in the Borough.
VEHICLE
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon any street, road, or highway in the Borough or upon privately owned property.
[Ord. No. 865 § 1; Ord. No. 2005-1375 § 1]
It is unlawful for any person to litter in violation of § 3-20 of this chapter.
[Ord. No. 865 § 2]
It is unlawful for any person to discard or dump along any street on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. No. 385 §§ 7, 8]
a. 
No person shall throw or deposit any litter in any stream, river, pond, or in any other body of water in the Borough.
b. 
No person shall throw or discharge into any stream, river, pond or any other body of water in the Borough any litter, factory waste, rubbish, dyestuff, chemicals, or other polluting matter including sawdust, gasoline, grease, oil, wash water or other wastes from garages, gas stations, and car wash places.
[Ord. No. 865 § 7]
It is 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 of litter.
[Ord. No. 865 § 3]
No person will be permitted to 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.
[Ord. No. 865 § 4]
It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. No. 385 § 10]
Premises and yards where commercial buildings are located shall be kept free of litter and waste materials. Litter from these buildings shall not be left outside unless the receptacles or waste materials are in an enclosure which will prevent the materials from being blown over property on which the building is located. Empty soft drink and milk cases, large and small cardboard cartons, and other discarded materials not in receptacles or enclosures shall be removed daily.
[Ord. #385 § 11]
Shopping carts shall be kept on the property of the owner at all times and put inside the store at night or otherwise locked up so as to prevent moving after store closing hours. Broken or damaged shopping carts shall be removed from the premises.
[Ord. No. 385 § 12]
The owner, his agent, or other person who occupies, manages or controls any mercantile building or public or private property shall be jointly or severally responsible for carrying out these regulations.
[Ord. No. 865 § 5]
It is 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.
[1]
Editor's Note: Former Subsection 3-1.12, Littering from Vehicle Prohibited, previously codified herein and containing portions of Ordinance No. 385, was repealed in its entirety by Ordinance No. 2005-1375. See Subsection 3-20.3 for prohibitions on littering from vehicles.
[Ord. No. 865 § 6]
It is 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 is 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.
[Ord. No. 385 § 13]
The Sanitary Inspector, Code Enforcement Officer, Construction Official, Police, and Road Superintendent shall be the enforcement officers of this section.
[Ord. No. 865 § 8]
It is 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.
[Ord. No. 353 § 1]
Whenever the Chief of Police shall determine that the existence upon any lands within the Borough of brush, hedges and other plant life growing within 10 feet of any street and within 25 feet of the intersection of two streets and exceeding 2 1/2 feet in height is hazardous to the public safety or general welfare of those traveling upon the streets, the owner, tenant or occupant of any such lands shall be required to cut the brush, hedges and other plant life to the height of not more than 2 1/2 feet within a period of 10 days after receipt of a written notice from the Chief of Police requiring such cutting. In making a determination, the Chief of Police shall comply with the following standards:
a. 
A traffic study shall be conducted under the supervision of the Chief of Police of the area in question in order to determine whether brush, hedges or other plant life restrict visibility to the extent of causing a traffic hazard.
b. 
A written report of the traffic study shall be prepared in duplicate, setting forth the reasons why a traffic hazard exists and indicating remedial action that is required. A copy shall be served upon the owner, tenant or occupant of the premises affected together with the notice as provided above.
[Ord. No. 353 § 2]
The notice as provided in Subsection 3-3.1 shall be served upon any such owner, tenant or occupant, either personally or by registered or certified mail, return receipt requested. Such notice shall, in addition to requiring the cutting as aforesaid, inform the owner, tenant or occupant of the lands that failure to accomplish such cutting will result in the cutting and removal of any such brush, hedges and other plant life by the Borough under the direction of the Borough Engineer. The notice shall also indicate that, in the event of cutting by the Borough, the cost of such cutting shall become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon same and to bear interest at the same rate and to be collected as in the case of such taxes.
[Ord. No. 353 § 3]
Whenever the owner, tenant or occupant of any lands receiving notice to cut brush, hedges and other plant life shall have neglected or refused to effect the cutting of the plant life in the manner and within the time provided, such cutting shall be accomplished by the Borough under the direction of the Borough Engineer who, upon completion thereof, shall certify the cost to the Borough Council. The Borough Council shall examine the certificate and shall cause the cost so certified to be charged against the lands. In the event such costs are found to be excessive, the Borough Council shall cause the reasonable costs to be charged against the lands. The amount so charged shall become a lien upon the 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 other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #353 § 4]
Every owner, tenant or occupant who shall refuse or neglect to cut or trim any brush, hedges and other plant life in the manner and within the time provided in this section, or who shall violate any provision of this section, shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. A separate offense shall be deemed committed on each day during which a violation occurs or continues.
The imposition and collection of any penalty as provided shall not constitute any bar to the right of the Borough to collect the cost of removal as provided above.
[Ord. No. 353 § 5]
The provisions of this section shall be construed pursuant to the authority of N.J.S.A. 40:48-2.26, et seq.
[Ord. No. 338 § Preamble]
Inoperable motor vehicles located on public and private lands and premises within the Borough constitute attractive nuisances and consequently are inimical to the safety and welfare of children.
Inoperable motor vehicles located on public and private lands and premises within the Borough tend to depreciate the value of real property and are otherwise inimical to the health, morals and general welfare of the inhabitants.
[Ord. No. 338 § 1]
As used in this section:
INOPERABLE MOTOR VEHICLE
Shall mean any motor vehicle incapable of being legally operated or moved under its own power on the public highways of the State of New Jersey and shall include any motor vehicle not currently registered or licensed to be operated or moved on public highways by a proper motor vehicle licensing and registration authority.
MOTOR VEHICLE
Shall mean and include all vehicles propelled otherwise than by muscular power and designed for purposes of transportation, excepting such vehicles as run only upon rails or tracks.
[Ord. No. 338 § 2]
No person shall park, leave, store or maintain any inoperable motor vehicles on any public lands or premises in the Borough except in case of emergency, and in no event for a period to exceed 24 hours.
[Ord. No. 338 § 3]
No person shall park, leave, store or maintain any inoperable motor vehicles on any private lands or premises in the Borough for a period in excess of 30 days.
[Ord. No. 338 § 4]
No owner or occupier of any private lands or premises in the Borough shall permit or suffer any inoperable motor vehicles to be parked, left, stored or maintained on his lands or premises for a period in excess of 30 days.
[Ord. No. 338 § 5]
The provisions of this section shall not apply to a motor vehicle service station or a new or used automobile dealer, where an inoperable motor vehicle is being or is about to be repaired or is being dismantled for scrap or is being offered for sale; nor shall this section apply to motor vehicles located in garages or in other buildings.
[Ord. No. 338 § 6]
a. 
Any person who shall violate any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.
b. 
Upon conviction for violation of any of the provisions of this section, each and every day thereafter that the violation continues shall be deemed and constitute a separate and distinct offense hereunder.
Prior ordinance history includes portions of Ordinance Nos. 600, 98-1141, 99-1162, 99-1171 and 05-1396.
[Ord. #2012-1606]
In accordance with the provisions of N.J.S.A. 40:48-2.49, the Borough hereby establishes a system for the provision of towing and storage services on a rotating basis at the rates and charges set by this section. Whenever a police officer orders the removal of a motor vehicle from public or private property, the officer shall utilize the rotation list established in Subsection 3-5.3 below. There will be two towing lists; one for light duty towing, and a second rotating list for all medium and heavy duty towing involving Class 4 through Class 8 vehicles, as defined in Subsection 3-5.4 below. New towing lists shall be adopted by the governing body every year at its annual reorganization meeting.
[Ord. No. 2012-1606]
a. 
No person shall be eligible to provide municipal towing services for the Borough until it submits an application with the Borough Police Department. Applications must be submitted annually.
b. 
An application for municipal towing shall be made in writing to the Chief of Police, or his designee, in the form prescribed by the Chief, and shall be accompanied by a fee of $100 per towing list.
c. 
The applicant shall furnish any additional information concerning the personnel, vehicles, equipment and storage facilities of the applicant (including past invoices for towing services rendered in the Borough) as may be required by the Police Department during the review of the application.
[Ord. No. 2012-1606]
a. 
At every annual reorganization meeting, the Borough Council shall establish by resolution two lists of towing contractors, one for light duty towing and a second for medium/heavy duty towing. These lists are to be utilized by the Police Department on a rotating, nonexclusionary and nondiscriminatory basis. Only those towing contractors who meet the minimum standards of operator performance set forth in this section shall be included on such lists. Inclusion on either list shall not create a contractual relationship between the towing contractor and the Borough of Bernardsville and the Borough shall not be responsible for any charges incurred for services performed pursuant to this section.
b. 
Each towing contractor must have the appropriate level of certification from one of the following nationally recognized organizations, or similar organization acceptable to the Chief of Police:
1. 
Towing and Recovery Association of America.
2. 
WreckMaster.
c. 
There shall be no limit on the number of operators on the lists and operators may be added to either list by the governing body at any time during the year. Qualified towing contractors may be on either or both lists.
d. 
Each owner of a towing company that applies to be a towing operator on either rotational towing list shall obtain from the New Jersey State Police, in accordance with N.J.A.C. 13:59-1.2, the criminal history record information including a fingerprint check for all employees who will be operating or manning tow trucks as well as all principals and officers of the towing company. A towing company shall be disqualified from being placed on a rotational list if the criminal history record of any owner, shareholder or principal of the company reveals a record of conviction of any crime of the fourth degree or higher, as defined in N.J.S.A. 2C:1-4, or conviction of any crime involving possession or use of a controlled dangerous substance or any act of violence against another person. Furthermore, no employee of an otherwise qualified towing company shall perform towing services in Bernardsville if the individual's criminal history record reveals a record of conviction of any crime of the fourth degree or higher, as defined in N.J.S.A. 2C:1-4, or conviction of any crime involving possession or use of a controlled dangerous substance or any act of violence against another person. Each contractor must also submit an affidavit certifying that the contractor has fully complied with the requirements of this preceding subsection, which includes the name, address and the last four digits of the social security number of every owner, principal and employee subject to this subsection.
e. 
Each contractor on the towing list, shall notify the Bernardsville Police Department of any change in employee status, or the hiring of any new employee, and shall provide the Bernardsville Police Department with the documents described above prior to the employee's performing towing services under this section.
f. 
The towing company shall have 30 days from the date of the written notice of disqualification to petition the Chief of Police for a hearing on the accuracy of the criminal history record information for any of its principals or employees.
g. 
The Borough Clerk shall present the completed application, along with the recommendation of the Chief of Police as to whether the towing company shall remain or be placed on the rotational towing list, at the next regularly scheduled public meeting. If the Borough Council so directs, the Borough Clerk shall approve the application to be placed on the rotational list.
[Ord. No. 2012-1606]
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
BASIC TOW
Shall mean private property towing and other nonconsensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
CONSENSUAL TOWING
Shall mean towing a motor vehicle when the owner or operator of the motor vehicle has consented to have the towing company tow the motor vehicle.
CONSUMER
Shall mean a natural person, and generally means the owner or operator of the vehicle being towed.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property.
DIRECTOR
Shall mean the Director of the New Jersey Division of Consumer Affairs.
DIVISION
Shall mean the New Jersey Division of Consumer Affairs.
EMERGENCY ROAD SERVICE
Shall mean any act by a towing contractor consisting of the fuel delivery, extrication, lockout service, repair, replacement or other adjustment of the equipment, tires or mechanical parts of an automobile so as to permit it to be operated under its own power.
FLAT BED TOW TRUCK
Shall mean a tow truck designed to transport a motor vehicle by means of raising the motor vehicle from road level up onto a hydraulic bed for transporting purposes.
HEAVY DUTY TOW
Shall mean the towing of any Class 7 or Class 8 vehicle as defined herein:
Class 7 Vehicles include those whose gross vehicle weight rating (GVWR) ranges from 26,001 to 33,000 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
Class 8 Vehicles include those whose gross vehicle weight rating (GVWR) is greater than 33,000 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
LIGHT DUTY TOW
Shall mean the towing of any vehicle whose gross vehicle weight rating (GVWR) is 10,000 pounds or less, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
MEDIUM DUTY TOW
Shall mean the towing of any Class 3, Class 4, Class 5 or Class 6 vehicle as defined herein:
Class 3 Vehicles include those whose gross vehicle weight rating (GVWR) ranges from 10,001 to 14,000 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
Class 4 Vehicles include those whose gross vehicle weight rating (GVWR) ranges from 14,001 to 16,000 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
Class 5 Vehicles include those whose gross vehicle weight rating (GVWR) ranges from 16,001 to 19,500 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
Class 6 Vehicles include those whose gross vehicle weight rating (GVWR) ranges from 19,501 to 26,000 pounds, in accordance with US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards.
MOTOR VEHICLE
Shall mean and include all vehicles propelled other than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NONCONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle. "Nonconsensual towing" includes towing a motor vehicle when law enforcement orders the vehicle to be towed whether or not the owner or operator consents.
PERSON
Shall mean an individual, sole proprietorship, partnership, corporation, limited liability company or any other business entity.
PRIVATE PROPERTY TOWING
Shall mean nonconsensual towing from private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted or otherwise parked without authorization or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 39:4-56.5, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
PRIVATE PROPERTY TOWING COMPANY
Shall mean a person offering or performing private property towing services.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors or is surrounded by a fence, wall or other manmade barrier that is at least six feet high and is lighted from dusk to dawn.
SITE CLEAN-UP
Shall mean the removal of all debris from the scene to the satisfaction of the police officers at the scene and includes the use of absorbents to soak up any liquids from a motor vehicle at the site from which a motor vehicle will be towed.
STORAGE FACILITY
Shall mean a space at which motor vehicles that have been towed are stored.
TARPING
Shall mean covering a motor vehicle to prevent weather damage.
TOW TRUCK
Shall mean a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of motor vehicles.
TOWING
Shall mean the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's noncommercial motor vehicle that is damaged as a result of an accident or otherwise disabled, recovered after being stolen or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted or otherwise parked without authorization or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations, which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
TOWING COMPANY
Shall mean a person offering or performing towing services.
VEHICLE
Shall mean any device in, upon or by which a person or property is or may be transported upon a highway.
WAITING TIME
Shall mean any time a towing company spends at the site from which a motor vehicle will be towed, during which the towing company is prevented from performing any work by another individual, beyond the time included as part of a basic tow.
WINCHING
Shall mean the process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hook up for towing a motor vehicle. "Winching" includes recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.
WINDOW WRAP
Shall mean any material used to cover motor vehicle windows that have been damaged.
[Ord. No. 2012-1606]
a. 
Location. A storage facility must be located within a 10 mile radius of the Bernardsville Borough Police Department, U.S. Route 202, Bernardsville, New Jersey.
b. 
Storage Fees. Storage fees shall be charged in accordance with Subsection 3-5.8 below.
c. 
Hours of Operation. The storage facility must provide a minimum of eight hours per day (between the hours of 8:00 a.m. and 6:00 p.m.) six days per week (Monday through Saturday) for the reclaiming of towed vehicles.
d. 
Office Location. If the office location of a towing contractor is at a different location, that address and telephone number must also be on file with the Police Department. The towing business and storage lot must comply with all zoning ordinances and regulations in the municipality in which they are located.
[Ord. No. 2012-1606]
Each towing operator shall have a minimum of three vehicles that meet the minimum standards set forth below:
1. 
At least one light duty wrecker with a minimum chassis rating of 15,000 pounds gross vehicle weight, equipped with a hydraulic boom rated for 8,000 pounds, equipped with a hydraulic wheel-lift with 3,000 pounds lift capacity, and equipped with dual hydraulic winches with each having an 8,000 pound capacity, with each winch equipped with 100 feet of 3/8 inch wire rope.
2. 
At least two flatbed type wreckers with a minimum chassis rating of 25,500 pounds gross vehicle weight, equipped with a minimum twenty-one-foot bed, and equipped with a hydraulic wheel-lift with 3,000 pounds lift capacity.
3. 
All vehicles must be equipped with two-way radios (or cell phone), cab mounted amber emergency warning lights (conforming to New Jersey Motor Vehicle law standards and all light permits being obtained), tow sling type bars with rubber straps and/or wheel lift capability with safety straps to prevent damage to towed vehicles, and with steering locks for towing vehicles from the rear.
4. 
All drivers and operators of the towing operator must wear ANSI Class 2 reflective safety vests at all times when responding to a request by the Borough.
5. 
The towing operator must provide a current and complete rate schedule to all customers.
In addition to foregoing requirements, the towing operator on the medium/heavy duty towing list must own a heavy duty wrecker with a minimum chassis rating of 33,000 pounds gross vehicle weight, as well as a towing capacity of 80,000 pounds, equipped with a hydraulic boom rated for a minimum of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000 pounds lift capacity, dual hydraulic winches, and have tandem rear axles.
[Ord. No. 2012-1606]
A towing contractor:
a. 
Must respond to a call for service from the Borough Police Department within 20 minutes;
b. 
Must provide towing on a twenty-four-hour, seven day a week basis including holidays;
c. 
Must maintain all trucks and equipment in good condition, subject to inspection by the Police Department and must comply with all Federal and State laws;
d. 
Must have the capability of removing abandoned vehicles that are without wheels, and/or locked;
e. 
Shall remove any vehicle as directed by the Police Department and shall store such vehicle at its facility until the vehicle is reclaimed by the lawful owner, or is otherwise disposed of according to law;
f. 
Shall be responsible for any vehicle and the contents thereof after receiving said vehicle and shall reimburse the owner of any such vehicle removed by the contractor for any damage or loss sustained to the vehicle or its contents while the vehicle is in the towing contractor's possession;
g. 
Shall not make any repairs to any vehicle in its possession under this section without first receiving written authorization of the owner of the vehicle;
h. 
Shall use at a minimum the manufacturer's suggested towing or removal method, including but not limited to hook tow, dolly, winch, sling, wheel lift, under-reach or flatbed, and shall use best practices and not utilize more equipment than is reasonably necessary to perform the job in a good and workmanlike manner;
i. 
Shall be responsible for removing all debris from an accident scene. This will include sweeping the roadway and removing all broken glass, plastic and other parts. This will be done at no charge to the Borough of Bernardsville.
j. 
Shall provide itemized bills to each customer within 24 hours of the tow. The towing contractor shall maintain copies of each bill for at least five years and shall provide copies of bills to the Bernardsville Police Department upon request.
k. 
Shall provide each employee with an identification (ID) badge made of nonmetallic material, easily readable and including employee's name, contractor's name, and recent color photograph of the employee. Every employee of the towing contractor shall wear the ID badge at all times when dealing with the public while performing work under this section. Unless otherwise specified in the contract, each employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist.
l. 
Shall not assign or sublet any work performed pursuant to this section.
[Ord. No. 2012-1606; Ord. No. 2018-1780]
a. 
Towing operators summoned by the Police Department may charge fees, not exceeding those set forth below. No additional fees are permitted.
LIGHT DUTY TOWING/STORAGE RATES
Service Provided
Fee
Basic Tow
$150
Winching/recovery
$125 per half hour, per tow truck
Window wrap and/or tarping
$50
Site cleanup
$50 per half hour, plus $35 per 40 lb. bag of absorbent
Additional fee if customer requests that vehicle be towed to storage yard outside Bernardsville that is not towing operator's storage facility
$6 per mile from scene
Storage
$40 per day outside/$70 per day inside
Emergency road service
$115 (plus parts)
MEDIUM DUTY TOWING RATES
Service Provided
Fee
Basic Tow
$250 per tow truck (portal to portal)
Winching/recovery
$175 per half hour/per tow truck
Window wrap and/or tarping
$60
Site cleanup
$65 per half hour, plus $35 per 40 lb. bag of absorbent
Additional fee if customer requests that vehicle be towed to storage yard outside Bernardsville that is not towing operator's storage facility
$250 per hour portal to portal
Storage
$100 per day for outside/$125 per day for inside
Emergency road service
$2.50 per mile one way, $125 labor per hour. Plus parts
Labor fee for drive shaft removal or axel shaft removal
$50
Administration fee
2 free trips to remove personal items from vehicle. Third trip $65
Yard charge
$65 moving vehicle in storage. Move from secure lot so an outside tower can retrieve the vehicle.
HEAVY DUTY TOWING RATES
Service Provided
Fee
Basic Tow
$450 per hour portal to portal
Winching/recovery
$275 per half hour/per tow truck
Window wrap and/or tarping
$75
Site cleanup
$70 per hour, plus $35 per 40 lb. bag of absorbent
Additional fee if customer requests that vehicle be towed to storage yard outside Bernardsville that is not towing operator's storage facility
$450 per hour portal to portal
Storage
$150 per day outside, $200 per day inside
Emergency road service
$2.50 per mile one way $150 per hour plus parts
Administration fee
2 free trips to remove personal items from vehicle. Third trip $65
Yard charge
$100 moving vehicle in storage. Move from secure lot so an outside tower can retrieve the vehicle.
SPECIALIZED RECOVERY EQUIPMENT
Rotator/Crane Recovery Unit
$1,200 per hour
Tractor with Landoll Trailer or Detach Trailer
$450 per hour
Tractor/Transport Hauler Only
$250 per hour
Refrigerated Trailer w/Tractor
$450 per hour
Box Trailer w/Tractor
$400 per hour
Air Cushion Unit
$1,000 per hour
Light Tower
$250 per hour
Pallet Jack
$200 flat rate
Roller
$200 flat rate
Any other specialized equipment
$250 per hour
Loader/Backhoe/Telescopic Hander/Bulldozer/Bobcat
$300 per hour each
Forklift
$300 per hour
In addition to the fees set forth above, a towing company may charge an administrative fee of $25 for more than three trips to the motor vehicle in storage by the vehicle owner or anyone else on his or her behalf.
b. 
A towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included in Subsection a above. A towing operator that engages in private property towing or other nonconsensual towing shall calculate storage fees based upon full twenty-four-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle on or before 7:00 p.m. the next day, the towing operator shall only charge the owner of the motor vehicle for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing operator may only charge for two days of storage.
c. 
If a towing company charges a consumer a fee for a private property or other nonconsensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute.
d. 
If the parties are unable to resolve the dispute, it shall be decided by the Chief of Police, or his designee. In cases involving tows covered by the Predatory Towing Act, the consumer may file a complaint with the Director of the New Jersey Division of Consumer Affairs pursuant to N.J.A.C. 13:45A-31.4. If the Director determines the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, in accordance with the applicable regulations.
e. 
A towing company performing a private property tow or other nonconsensual tow shall take the motor vehicle being towed to the towing company's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
f. 
A bill for a private property tow or other nonconsensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
g. 
1. 
For services rendered, or to redeem a motor vehicle from storage, the towing contractor shall accept in payment either cash, a check issued by an insurance company, a valid debit card, or a valid major credit card or charge card subject to the provisions of Subsection g2 of this subsection.
2. 
The towing contractor may request additional identification, as determined by the Chief of Police, before proceeding with repairs or towing. Unless the motorist is unable to produce such identification, or the operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or is clearly offered with intent to defraud the issuer, the debit card, charge card or credit card shall be deemed an acceptable form of payment in lieu of cash if the towing contractor ordinarily accepts the card at his place of business. Nothing in this act shall preclude payment by a motorist in the form of check or money order, if this form of payment is acceptable to the towing contractor.
[Ord. No. 2012-1606]
a. 
No person shall be liable to any towing operator for any fees in excess of those permitted above.
b. 
The fees set forth above are the maximum charges that shall apply to basic towing services. Additional charges shall be permitted for other types of motor vehicles and for extra services including, but not limited to, flat-bedding, waiting time, winching and additional labor.
c. 
Tow vehicles transporting multiple vehicles at one time shall receive the applicable fees for each vehicle transported.
d. 
Operators shall maintain all billing and related records for at least five years and shall make such records available for inspection and review by Borough Police officials upon request.
[Ord. No. 2012-1606]
a. 
Release of Impounded Vehicles. No impounded vehicle is to be released without proper authorization from the Police Department. Vehicle release arrangements must be available during the hours set forth in Subsection 3-5.5c above. The Borough shall supply junk titles or good titles for abandoned vehicles in accordance with the provisions of N.J.S.A. 39:10.1 et seq.
b. 
Insurance; Indemnity.
1. 
Each operator must have the insurance coverage required by N.J.A.C. 13:45A-31.3. Each policy (except employer's liability) is to name the Borough of Bernardsville as an additional insured. In addition to the coverages required by N.J.A.C. 13:45A-31.3, any towing contractor performing medium or heavy duty towing services shall have, at a minimum, the following coverage:
(a) 
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is up to 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $750,000, single limit; and
(b) 
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is more than 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $1,000,000, single limit.
(c) 
Garagekeeper's Policy. A garagekeeper's liability policy in the minimum amount of $100,000, and "on-hook" coverage, for each vehicle damaged on a separate claim.
(d) 
Garage Liability Policy. A garage liability policy covering applicant's business, equipment and vehicles in the minimum amount of $500,000 for any one person injured or killed, and a minimum of $1,000,000 for more than one person killed or injured in any accident and an additional $100,000 for any damage arising from injury or destruction to property, and/or a combined single limit of $1,000,000. In addition to each policy containing an endorsement showing the Borough as an additional insured, such policy shall also provide an endorsement entitling the Borough to 30 days' prior written notice to the Chief of Police in the event of any change in coverage under the policy, or in the event of the cancellation of the policy.
(e) 
Worker's Compensation Policy. A worker's compensation policy covering all of applicant's employees and operators, containing statutory coverage including liability coverage of at least $500,000 for each accident per person, $500,000 policy aggregate limit per disease, and $500,000 for each disease per person.
(f) 
Umbrella liability insurance policy in the amount of $5,000,000.
2. 
Each operator shall furnish the Borough Clerk with a certificate of insurance from an insurance company satisfactory to the Borough with the policy limits set forth above and naming the Borough as an additional insured. Each certificate of insurance shall identify the coverage provided and shall provide that such insurance shall not be changed or canceled without giving 10 days' prior written notice to the Borough by certified mail, return receipt requested. Specific reference to the rotating list of towing operators shall be made on all policies of insurance.
c. 
Each operator shall indemnify and save the Borough harmless from all damages and claims for damages which may be made by any person for bodily injury or property damages as a result of the operator's towing and/or storage services pursuant to this section.
d. 
Enforcement. The Police Department is designated to enforce the provisions of this section in accordance with due process of law. In carrying out the provisions of this section, the Police Chief is hereby authorized to adopt additional reasonable regulations which are not inconsistent with this section.
e. 
Abandoned or Unclaimed Vehicles.
1. 
Any vehicle which is not claimed by the owner within five days shall be reported by the operator storing the vehicle to the Police Department, pursuant to N.J.S.A.39:10A-1 through 7.
2. 
After expiration of the five-day period, the Police Department may make application for title to the Motor Vehicle Commission as per standing general orders. Vehicles which remain unclaimed after all requirements of the general orders are met shall be auctioned to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through 7.
3. 
Any operator who disposes of any vehicle in violation of this procedure will be charged with misapplication of entrusted property (N.J.S.A. 2C:21-15) and will be removed from the list.
f. 
Rights of Owners.
1. 
The owner of any vehicle towed shall have the right to remove property belonging to him or her from the stored vehicle unless a "police hold" is marked on the towing form.
2. 
The vehicle owner or his or her representative shall have the right to take photographs of stored vehicles.
g. 
Public Inspection. This section, all regulations adopted by the Police Chief and the fee schedules of individual towers shall be available to the public during normal business hours.
[Ord. No. 2012-1606]
A towing contractor shall always act in a professional manner and be courteous and respectful toward members of the public and representatives of the Borough. No employee of the towing contractor shall represent to any member of the public that he is an employee of the Borough of Bernardsville. Reports of discourteous behavior by the towing contractor may be considered by the Borough and shall be sufficient cause for removal from the rotating towing list.
[Ord. No. 2012-1606]
a. 
Each towing contractor shall comply with all Federal and State laws and local ordinances governing the operation of motor vehicles, towing vehicles and storage areas.
b. 
All charges made by the towing contractor shall be paid by the owner or operator, or any person, firm or corporation claiming the right to possession of any vehicle removed or stored by a towing contractor and the Borough of Bernardsville shall not be liable for the payment of any sum to the towing contractor which may be due on account of any towing, removal or storage.
c. 
For vehicles not covered by this section, the Police Department shall utilize qualified towing operators on a nondiscriminatory basis.
d. 
Vehicle owners must use the towing contractor summoned by the Police Department.
[Ord. No. 2012-1606]
a. 
Any contractor who violates any subsection of this section, in addition to any other penalties provided by law, shall be subject to the following minimum penalties: suspension of towing privileges for one month for a first offense, three months for a second offense and six months for a third offense. If the contractor commits a fourth offense, its right to provide towing services to the Borough shall be permanently revoked.
b. 
In addition to the penalties set forth in Subsection a above, any contractor who violates the operator rate schedule shall receive a fine of $100 for a first offense, $250 for a second violation, and $500 for a third violation.
c. 
If a contractor overcharges a vehicle owner, the excess moneys paid will be returned by the contractor.
d. 
A towing operator may be removed from the annual list by resolution of the governing body if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this section or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the governing body.
[Ord. No. 608 § 2]
All components of alarm systems, alarm devices, dial alarms and local alarms shall be maintained by the owners or users thereof in good repair. When evidence exists that there has been a failure by such owners or users to maintain properly said alarm devices, the Police Department head is authorized to demand that such devices be disconnected until such time as appropriate repairs and/or modifications are made.
[Ord. No. 608 §§ 3-5; Ord. No. 97-1113 § 1; Ord. No. 99-1181 § 1]
a. 
All local alarms shall be equipped with a time relay or battery to limit the sounding of alarms to 15 minutes or less.
b. 
All dial alarms shall be capable of being disconnected by the owner to permit a call to the Police Department in the event that a false alarm occurs.
c. 
The sensory mechanism of dial alarms shall be adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of lightning, wind, noise, rattling, or vibration of doors or windows or other forces unrelated to general alarms.
d. 
The occupants of all commercial buildings and commercial properties with alarm systems shall provide the Police Department on an annual basis with the following information:
1. 
Name, address and home telephone number of primary contact person;
2. 
Name, home address and home telephone number of alternate contact person.
3. 
Name, address and telephone number of the alarm company servicing the alarm.
4. 
Name, address and telephone number of the central station monitoring the alarm.
[Ord. No. 608 § 6]
In the case of false burglar alarms which summon the Police Department to investigate, the Police Department head shall cause an investigation to be made and shall keep a record of such false alarms on file.
[Ord. No. 608 § 7; Ord. No. 97-1113 § 2]
The penalties for false alarms shall be as follows:
a. 
In any twelve-month period the following penalties shall apply:
False Alarm Number
Penalty
1
$0
2
$50
3
$100
4 and succeeding
$200 per false alarm
b. 
Any individual intentionally, willfully, or maliciously destroying or injuring any of the posts, alarm boxes, or other alarm apparatus owned by the Borough or intentionally, willfully or maliciously interfering with the operation of same or any part thereof or who hinders or impedes any of the operations intended to be accomplished thereby or who intentionally causes or assists in causing a false alarm or other emergency to be given in any manner, shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 553 § 1]
The rules and regulations established by this section shall apply to public parking lots, public recreational areas, public parks, public school grounds, buildings and structures, landfill premises, Municipal Building premises located on Mine Brook Road and other improved or unimproved property leased or owned by the Borough or the Board of Education of the Borough. Where particular rules and regulations have heretofore been established for the use of publicly owned or controlled property by any other agency of the Borough or Board of Education of the Borough which are at variance with those provided in this section, the more restrictive of the rules and regulations shall be deemed to be applicable.
[Ord. No. 553 § 2; Ord. No. 760 § 1; Ord. No. 829 § 1; Ord. No. 2003-1302 § 1]
It shall be unlawful for any person to be or to remain upon any public lands or premises described above between the period of sunset and sunrise, except that this provision shall not apply to the following:
a. 
Public officials, servants, agents or employees.
b. 
Law enforcement officers in the performance of their duties.
c. 
Persons participating in or attending recreational or other functions permitted by the Borough Council, Board of Education or any agency of the Borough.
d. 
Persons using or attending functions at public buildings during hours that may from time to time be established or approved by the Borough Council.
e. 
Use of public school buildings, structures and grounds otherwise permitted by the Board of Education pursuant to N.J.S.A. 18A:20-34.
f. 
The use of recreation fields by organizations in compliance with a permit issued by the Borough Recreation Advisory Committee.
[Ord. No. 553 § 3; Ord. No. 666 § 1; Ord. No. 2003-1302 § 2]
The following rules and regulations shall apply to the use of all public lands and improvements as described in Subsection 3-7.1.
a. 
No person shall conduct himself in a disorderly or indecent manner, or commit any indecent act, or use any loud, profane, indecent or obscene language while upon the premises, nor shall any person unreasonably interfere with or disturb any other persons in their use of the premises.
b. 
No person shall drive any vehicle on any area except paved roads or parking areas or such other areas as may be specifically designated or approved as temporary parking areas by the Borough Council, Board of Education or any agency of the Borough.
c. 
No person shall park a motor vehicle in other than a designated parking area established by the Borough Council, Board of Education or any agency of the Borough, and such use shall be in accordance with posted directions or instructions of any attendants who may be present.
d. 
No person shall leave a motor vehicle standing or parked upon such premises for a continuous period in excess of 12 hours. The Borough Council, Board of Education or any other agency of the Borough may direct that any unauthorized motor vehicle parked in excess of the period limited in this subsection be towed away and stored at a suitable location at the expense of the owner. This provision shall not apply to motor vehicles leased, owned or operated by public officials, servants, agents or employees nor shall this provision apply to motor vehicles that have been impounded by the Police Department of the Borough or motor vehicles which have become disabled and notice of which has been promptly communicated to the Department.
e. 
The speed limit on all roads or drives on such premises shall be 15 miles per hour.
f. 
No person shall remove, deface or damage any trees, shrubs, soil, plants, recreational or other public equipment or any public improvements or other property.
g. 
All rubbish, trash, garbage and other debris shall be placed in containers provided therefor. The dumping of rubbish, trash, garbage and debris in other than containers provided therefor is strictly forbidden.
h. 
No person shall post, exhibit or otherwise display any signs, posters or other material without express permission of the Borough Council, Board of Education or any agency of the Borough.
i. 
The words "vehicle" and "motor vehicle" as used in this section shall be construed to include motorcycles, snowmobiles, and trail bikes powered by internal combustion engines.
j. 
The Governing Body may adopt by resolution such additional rules and regulations as it deems appropriate. The Borough Recreation Advisory Committee may recommend proposed rules and regulations to the Mayor and Council for adoption pursuant to this section. Any such supplemental rules and regulations adopted by the Governing Body by resolution shall be attached to this chapter.
[Ord. No. 553 § 4]
All references herein to public lands, improvements, officials, employees or similar designations shall be deemed to include lands, premises, improvements, officials and employees owned, controlled or affiliated with the Board of Education; however, this section shall not apply thereto until jurisdiction is delegated by appropriate action of the Board.
[Ord. No. 96-1053 § 1]
The following rules and regulations shall apply to the use of the Borough skating rink:
a. 
All skaters shall wear helmets.
b. 
All hockey players shall wear helmets and eye protectors.
c. 
Failure to comply with these rules and regulations may result in banishment from the rink.
The following sign shall be conspicuously posted at both ends of the rink:
ALL SKATERS ARE REQUIRED TO WEAR HELMETS. ALL HOCKEY PLAYERS ARE REQUIRED TO WEAR HELMETS AND EYE PROTECTORS. THIS FACILITY IS NOT STAFFED. SKATE AT YOUR OWN RISK.
[Ord. No. 2002-1284 § 1]
a. 
Prohibited Activity. The use of skateboards is prohibited on the following municipal parking lots:
1. 
Public Library Parking Lot - bounded to the west by Anderson Hill Road, to the south by Morristown Road and to the east by Church Street and known as lot 22 in block 66 on the Borough Tax Maps.
2. 
Borough Hall Parking Lot - located on Mine Brook Road and including all of lot 97 on the Borough Tax Maps.
3. 
Railroad Plaza Parking Lot - as described in § 8-1 of this Code.
4. 
Quimby Lane Parking Lot - as described in § 8-1 of this Code.
5. 
Mount Airy Road Parking Lot - as described in § 8-1 of this Code.
b. 
Violations and Penalties. Any adult who violates a requirement of this subsection shall, upon conviction, be fined a maximum of $50 for a first offense and a maximum of $250 for a subsequent offense. A minor who violates a requirement of this subsection shall be warned of the violation by the enforcing officer. The parent or legal guardian of any minor who violates a requirement of this subsection also may be fined a maximum of $50 for that minor's first offense and a maximum of $250 for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the minor's conduct.
[Ord. No. 2006-1443 § 1]
The following rules and regulations shall apply to the use of the School District/Borough tennis courts:
a. 
Local residents may use the tennis courts when they are not in use by the school.
b. 
No other activities or sports other than tennis are permitted on the courts.
c. 
Prohibited activities on the courts include but are not limited to bicycling, skating, rollerblading, skateboarding, etc.
d. 
No food or drinks (except water) are permitted on the courts.
e. 
No pets are permitted on the courts.
f. 
Regular private or compensated lessons are prohibited on the courts.
g. 
Only tennis shoes may be worn on the courts.
h. 
Climbing on the nets or fence is prohibited.
i. 
Play is limited to one hour.
[Ord. No. 2015-1681]
In accordance with the provisions of N.J.S.A. 2C:33-13, smoking is hereby prohibited in all Borough buildings, parks, playgrounds and recreation areas and within 25 feet of any entrance to a Borough building, and in all Borough vehicles.
[Ord. No. 2015-1681]
As used in this section:
BOROUGH BUILDINGS
Shall mean all buildings used by Bernardsville Borough for governmental or public purposes including, but not limited to the following locations:
Borough Hall
DPW Garage
Police Headquarters
Borough Library
Sewer Plant
Train Station
BOROUGH PARKS, PLAYGROUNDS AND RECREATIONAL AREAS
Shall mean all such Borough facilities, including, but not be limited to the following locations:
Polo Grounds
Claremount Field
Rose Bowl
Kiwanis Field
Evankow
Peters Tract
BOROUGH VEHICLES
Shall include all vehicles owned or leased by the Borough of Bernardsville or any of its departments, agencies, boards or commissions.
[Ord. No. 2015-1681]
Adequate notice of such prohibition shall be conspicuously posted in all places set forth in Subsection 3-8.2 above and in all Borough vehicles.
[Ord. No. 2015-1681]
Any person violating any provision of this section shall be guilty of a petty disorderly persons offense and shall be liable to a fine of not more than $200, or the maximum fine permitted by N.J.S.A. 2C:33-13 as supplemented and amended, whichever is greater.
[Ord. No. 96-1071 § 2; Ord. No. 2003-1327 § 1; Ord. No. 2005-1407 § 1; Ord. No. 2010-1558; Ord. No. 2014-1670]
a. 
A person shall be guilty of a violation of this section if, within the limits of the Borough, he or she consumes any alcoholic beverages or has in his or her possession any open alcoholic beverage container with unconsumed alcoholic beverage therein:
1. 
In the parking area adjacent to any licensed premises for the sale of any alcoholic beverages.
2. 
While in or about any public street, land, roadway, avenue, sidewalk, public parking place, playground or recreation area.
3. 
While in or about any public or quasi-public place.
4. 
While upon any private property not his or her own, without the express permission of the owner or other person having any authority to grant such permission.
b. 
Notwithstanding the provisions contained herein, this section shall in no way interfere with the authority of the Division of Alcoholic Beverage Control or the Borough Council to issue temporary licenses for the consumption of alcoholic beverages, pursuant to the laws of the State of New Jersey or the ordinances of the Borough of Bernardsville.
c. 
Notwithstanding the provisions contained herein, the governing body may authorize the consumption of beer and wine at special events conducted by quasi-Borough entities at the Bernardsville Municipal Pool or the consumption of wine and beer at special events conducted by the Library Board of Trustees at the Bernardsville Public Library under the following terms and conditions.
1. 
This section shall apply only to nonprofit quasi-municipal entities which are independent of the governing body's direct control but which perform functions which otherwise would have to be performed by the Borough.
2. 
No more than one such authorization to serve beer and wine at the pool shall be issued in any calendar year to a qualified organization.
3. 
In order to qualify for such permission, the qualified organizations shall provide the Borough Clerk with the following:
(a) 
Hold harmless agreement signed and dated in favor of the Borough.
(b) 
Evidence of general liability insurance including comprehensive form or premises/operations, contractual liability and host-liquor liability as follows:
(1) 
Minimum limits of coverage for the event in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such certificate of insurance must name the Borough as an additional insured.
(2) 
The certificate of insurance must include the full name and address of the Borough as the certificate holder.
(3) 
The certificate of insurance must provide that the applicable policies may not be canceled except upon seven days' written notice of cancellation to the Borough Clerk.
(4) 
The certificate of insurance must be signed by an authorized representative of the user's insurance company.
(5) 
The applicant must provide any additional insurance coverage requested by the Borough's risk manager and the Suburban Municipal Joint Insurance Fund or the Borough's insurance carrier if it is no longer a member of the JIF.
4. 
Such events at the pool may be held only on days on which the pool is closed to members of the general public. Events at the Library may be held only in restricted areas that are not accessible by members of the general public.
5. 
For events at the pool, the quasi-municipal entity must comply with all other requirements of the Borough Council and the Recreation Advisory Committee with respect to providing lifeguards, supervision, police presence and similar items.
6. 
Beer or wine, as applicable, may be served only to members of the organization and their invited guests who are at least 21 years of age and who are not visibly intoxicated. Under no circumstances may beer or wine be sold.
7. 
The quasi-municipal entity must comply with all other applicable Borough ordinances and ABC regulations.
[1]
Editor's Note: For additional regulations concerning Alcoholic Beverages, see Chapter 6, Alcoholic Beverage Control. Prior ordinance history includes portions of Ordinance Nos. 209 and 530.
[Ord. No. 2000-1225]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
[Ord. No. 2000-1225]
a. 
This section does not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
b. 
This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section. R.S.33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2000-1225]
As used in this section:
GUARDIAN
Means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 2000-1225]
a. 
Any individual who violates the terms of this section shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
b. 
The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under such an ordinance is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 505 § 1]
Games of chance pursuant to the "Raffles Licensing Law" (N.J.S.A. 5:8-58) are hereby authorized to be conducted on the first day of the week, commonly known and designated as Sunday.
[Ord. No. 2006-1431 § 1]
In accordance with the provisions of N.J.A.C. 13:47, the Borough Clerk is hereby authorized to approve the granting of raffle and bingo licenses.
[Ord. No. 321 Preamble]
N.J.S.A. 40:48-1 authorizes the Governing Body of every municipality to enact ordinances to preserve the public peace and order and to prevent and quell riots, disturbances and disorderly assemblages N.J.S.A. 40:48-2 authorizes any municipality to enact ordinances, regulations, rules and by-laws for the protection of persons and property and for the preservation of public safety and welfare of the municipality and its inhabitants.
The Borough Council deems it necessary to provide for appropriate authority and outline orderly procedure in order to accomplish the above purposes.
[Ord. No. 321 § 1]
As used in this section:
CIVIL EMERGENCY
Shall mean any riot, disturbance or disorderly assemblage characterized by the use of actual force or violence or any threat to use force if accompanied by the immediate means of doing so by five (5) or more persons acting together without authority by law.
CURFEW
Shall mean a prohibition against any person or persons walking, running, loitering, standing or motoring upon any street, highway, public property or vacant premises within the limits of the Borough, except persons officially performing their duties with reference to the emergency.
GOVERNING BODY
Shall mean the Mayor and Council of the Borough of Bernardsville in the County of Somerset and State of New Jersey.
[Ord. No. 321 § 2]
When in the judgment of the Mayor or, in the event of his inability to act, the President of the Council a civil emergency as defined herein or the threat of same is deemed to exist, he shall proclaim such an emergency to exist and immediately post notice in at least five (5) conspicuous places within the Borough. Upon the proclamation of a State of Emergency as indicated herein, the Mayor or President of the Council shall, at any regular or special meeting called for such purpose, make a report to the Borough Council as promptly as circumstances of the emergency might permit. The Borough Council may, by resolution, confirm, amend or terminate the State of Emergency or any of the emergency powers exercised in accordance therewith as it shall deem proper.
[Ord. No. 321 § 3]
Upon the determination and proclamation of the State of Emergency, the Mayor or President of the Council is hereby authorized to exercise the following powers which shall remain in full force and effect until amended or terminated by subsequent proclamation.
a. 
Order a general curfew applicable to such portion of the Borough as the Mayor or President of the Council might deem advisable to be applicable during such hours of the day and night as is necessary for the protection of the public safety and welfare.
b. 
Close all retail liquor establishments.
c. 
Close all taverns and other establishments serving alcoholic beverages.
d. 
Close all private clubs or portions thereof where the consumption of alcoholic beverages is permitted.
e. 
Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than the gasoline tank of a motor vehicle.
f. 
Order the closing of all gasoline service stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
g. 
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
h. 
Close all establishments, or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition.
i. 
Close any public street, thoroughfare or vehicle parking area to motor vehicles and pedestrian traffic.
j. 
Call upon regular and auxiliary law enforcement agencies and organizations within or without the Borough to assist in preserving and keeping the peace during the period of emergency.
k. 
Such other powers as are imminently necessary for the public safety and welfare and the protection of property.
[Ord. No. 321 § 4]
Whenever a determination and proclamation of civil emergency is promulgated, and any of the emergency powers outlined are exercised by the Mayor or President of the Council, the exercise thereof shall be incorporated in a proclamation and, wherever practicable, a copy of the proclamation shall be posted in a prominent place at the premises affected by the emergency powers and a copy thereof shall be delivered to the owner or occupant of the premises or any responsible persons in charge thereof. In no event, however, shall the failure to post such notice or deliver a copy as provided herein render the exercise of such powers ineffectual or invalid.
[Ord. No. 321 § 5]
The emergency powers for which provision has been made in this section shall be in addition to and supplemental with the authority and power delegated to the Municipal Disaster Control Civil Defense Director pursuant to N.J.S.A. App. A:9-40.5
[Ord. No. 321 § 6]
Any person who violates any provision of this section or who otherwise fails to comply with any of the requirements of this section shall upon conviction for each such violation or offense, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 484 § 1]
As used in this section:
FIREARMS
Shall mean any gun, shotgun, rifle, pistol, revolver, or other device from which a bullet, shot, ball, slug, pellet, or other solid projectile or other noxious thing is propelled by means of a cartridge or shell or by the action of an explosive force or compressed gas or the igniting of flammable or explosive substances.
FIREWORKS
Shall mean any combustible or explosive composition or any substance or combination of sub-stances, or article prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, explosion, or detonation.
STRUCTURE
Shall mean any building, shelter or enclosure, whether portable, prefabricated, sectional or otherwise, located upon any lot.
[Ord. No. 484 § 2]
It shall be unlawful for any person to discharge any firearm or cast an arrow upon or across any State, County, Municipal road or highway, park, playground or other public or private property within the Borough unless that person has fulfilled the following two requirements:
a. 
Obtained a written permit from the Borough Council or its duly authorized agent in accordance with rules and regulations promulgated by the Council; and
b. 
Obtained written permission from the owner, lessee, or custodian of the property on which or into which the firearm is discharged or the arrow is cast indicating the duration of its effectiveness, which permit shall be carried in the possession of the person discharging any such firearm or using any such bow and arrow.
[Ord. No. 484 § 3; Ord. No. 863 § 1; Res. #2000-131 §§ 1, 2; Ord. No. 2011-1581; Ord. No. 2016-1710]
The permit requirements of Subsection 3-12.2 shall not apply to the following:
a. 
Any police officer or law enforcement officer while in the performance of his duty or undertaking duly authorized police training.
b. 
Use of bows and arrows for target practice or for purposes of instruction upon public or private property with permission of the person having jurisdiction over the property.
c. 
Any person duly licensed to hunt game by the State of New Jersey during the prescribed hunting season subject to the following:
1. 
No person shall be permitted to hunt game on any public property owned by the Borough, except as part of a deer management hunt authorized by the Borough Council.
2. 
No person shall be permitted to hunt game on any private property within the Borough unless that person is the owner, lessee or custodian of such private property or unless that person carries in his possession written permission from the owner, lessee or custodian of such property indicating the duration of its effectiveness.
3. 
No person shall, for the purpose of hunting, discharge any firearm or cast an arrow across any public or private property boundary line, unless said person carries in his possession written permission from the owner, lessee or custodian of the property into which the firearm is discharged or the arrow cast indicating the duration of its effectiveness.
4. 
No person shall, for the purpose of hunting, discharge any firearm or cast an arrow across any State, County, or Municipal road or highway.
5. 
No person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall have in his possession a loaded firearm while within 450 feet of any occupied building in this State, or of any school playground.
6. 
No person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, have in his possession a nocked arrow while within 150 feet of any occupied building in this State, or within 450 feet of any school playground, and a nocked arrow shall only be cast when a person is in an elevated position so that any arrow is aimed in a downward angle.
7. 
The Borough Council may promulgate rules and regulations to implement the standards of Subsection 3-12.3c.[1]
[1]
Editor's Note: See Appendix A to § 3-12 included at the end of § 3-12.
[Ord. No. 484 § 4]
It shall be unlawful for any person to set off any explosive, bomb, firecracker, rocket, torpedo, squib, or any other fireworks upon any public or private property within the Borough without complying with the following:
a. 
Obtain a written permit from the Borough Council or its duly authorized agent in accordance with rules and regulations promulgated by the Borough Council.
b. 
Submit with any such application to the Borough Clerk a certificate of insurance evidencing general liability coverage in minimum amounts of $100,000/$300,000 bodily injury and $50,000 property damage.
APPENDIX TO SECTION 3-12
Rules and Regulations for the Discharge of Firearms and Use of Bow and Arrow
a. The authorized agent of the Borough Council for the purposes of issuing permits to discharge firearms or use bows and arrows within the Borough shall be the Police Department of the Borough.
b. Applications for permits shall be upon forms furnished by the Police Department and shall include:
1. Name, address and telephone number of the applicant;
2. Description and identification of motor vehicle;
3. Hunting license number;
4. Identification of area where firearms discharge or bow and arrow activity is to take place;
5. Written consent of owner of the subject premises;
6. Type of ammo used.
c. The Police Department shall issue appropriate decals/permits for those applications found to be in proper order.
d. In the event a permit is refused by the Police Department, the applicant may request and shall be afforded a timely hearing by the Borough Council (or a committee appointed for that purpose). Subsequent to such hearing the decision of the Police Department may be modified, affirmed or reversed. In the event of reversal, a permit shall be issued forthwith.
e. Each permittee shall be furnished with a copy of this section plus Subsections g and h of this appendix and shown a map outlining the perimeter of the area where firearm discharge or bow and arrow activity is permitted.
f. The discharge of firearms or the use of bows and arrows shall not be permitted on improved parcels of land less than 5.0 acres for firearms and 3.0 acres for Bow and Arrow.
g. In the event a deer is wounded on huntable land and runs to adjacent non-huntable or posted land, the hunter may proceed (without a weapon) to seek permission from the adjacent property owner to claim the wounded animal. In the event permission is denied, the hunter shall withdraw immediately, report the location of the wounded animal to the Police Department as soon as practicable, and consider the matter closed.
h. In the event a permittee violates any provision of § 3-12 of this chapter, the Fish and Game law, these regulations or the consent of the owner of the subject property, the ranking officers of the Police Department may summarily revoke the permit issued.
[Res. #90-272 § 1-9; Res. #91-188 § 1; Res. #91-221 § 1; Res. #2000-131 § 1; Ord. No. 2018-1787]
[Ord. No. 209 § 1; Ord. No. 762 § 1]
It shall be unlawful for any person to enter or exit in a motor vehicle a parking yard or parking place which is open to the public or to which the public is invited contrary to constructed entrances or exits which have been clearly designated as such.
[Ord. No. 209 § 23A; Ord. No. 601 § 1]
Any person while operating a motor vehicle on any street, road, or highway in this Borough, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle to a full stop, violates this section and shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 633 § 1]
No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article borrowed from the Free Public Library of the Borough (hereinafter referred to as "Library") after 30 days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the Library.
[Ord. No. 633 § 2]
No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article, or any part thereof, which is borrowed from, owned by or is in the custody of the Library.
[Ord. #633 § 3]
No person shall register or furnish a false name or address or use without the owner's permission any card other than the one issued to the person for the purpose of borrowing any book, periodical, pamphlet, phonograph recording, audio-visual material or any other article from the Library.
[Ord. No. 633 § 4]
a. 
The Board of Trustees of the Library shall adopt and post in a conspicuous place in the Library reasonable rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, or any other item or article which may be available for such borrowing to the public.
b. 
No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item or article from the Library unless such person shall have first complied with said rules, regulations and procedures.
[Ord. No. 633 § 5]
The provisions of this section shall be enforced by the Director of the Library or such other person as may, from time to time, be designated by the Board of Trustees of the Library. The enforcement shall be carried out with the advice of the Board of Trustees of the Library.
[Ord. No. 633 § 6]
Any person violating any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 for each offense or, in the case of a violation of Subsection 3-15.1 or Subsection 3-15.2 of this section, for each article detained or damaged. Continued failure to return any such article detained or to pay the Library the replacement cost thereof or of any article damaged, for a period of 30 days after conviction of a violation of Subsection 3-15.1 or Subsection 3-15.2 of this section, shall constitute a separate offense under this section.
[Ord. No. 202 § 1]
The following, when occurring within the Borough, are hereby declared to be public nuisances:
a. 
Any open or unguarded well, cistern, cesspool, or seepage pit;
b. 
Any unguarded excavation or hole which, by reason of its location and its depth, or the accumulation of surface or drainage water therein, or some other similar condition with respect thereto, constitutes a danger to the health, safety and welfare of children or others;
c. 
Any abandoned excavation;
d. 
Any abandoned icebox or refrigerator, the door of which has not been removed.
[Ord. No. 202 § 5]
As used in this section:
ABANDONED EXCAVATION
Shall mean one in which further construction has been permanently discontinued. If an excavation was made for the erection of any building or other structure for which a building permit has expired, this shall be deemed prima facie evidence that such excavation has been abandoned.
OPEN OR UNGUARDED WELL, CISTERN OR CESSPOOL
Shall mean one which is not securely covered by a cover sufficient to withstand 500 pounds pressure per each 10 square feet of the cover area, or completely enclosed by a permanent fence at least four feet in height.
UNGUARDED EXCAVATION
Shall mean one which is not completely enclosed by a fence at least four feet in height.
[Ord. No. 202 § 2]
Any public nuisance shall be abated without further notice by the owner, contractor or other person interested as lessee, tenant or otherwise in the land on which such public nuisance exists, or by any other person or persons responsible for the existence of such public nuisance.
[Ord. No. 202 § 3]
The Code Enforcement Official or Sanitary Inspector may serve upon any of the above-named persons, either by mail or by personal service, a written notice to abate such public nuisance within five days after service of notice upon him. Any person who fails to abate the public nuisance within five days after service of the notice upon him shall for each and every violation be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5. Each day during which any such public nuisance continues after such notice shall constitute a single and separate violation of the section.
[Ord. No. 202 § 4]
When any person violating any of the provisions of this section fails or refuses to abate any of the aforesaid nuisances after receiving notice to do so, the Borough Council may cause such nuisance or nuisances to be abated and the reasonable cost of such abatement shall be made a lien on the lands on which such nuisance or nuisances shall have existed and shall be assessed against such lands and collected, with legal interest thereon, in the same manner as local municipal improvement assessments.
[Ord. No. 209 § 19]
It shall be unlawful for any person to make, participate in making, or cause to be made, any unusual and unnecessary noise, causing undue annoyance to, or unduly disturbing the comfort, rest or repose, health or safety of any other person.
[Ord. No. 209 § 20]
It shall be unlawful for any person to operate, use or cause to be operated any radio receiving set, phonograph, loudspeaker, or other sound producing instrument, device or apparatus in such a manner that the sound thereof shall unduly and unnecessarily annoy any person or disturb the comfort, rest or repose, or health or safety of any person traveling upon any street or in any public place or being in his own place of abode.
[Ord. No. 96-1078 § 1]
It shall be unlawful for any person to operate or permit the operation of any tools or equipment used in construction, drilling, earth moving, excavating or demolition work between 6:00 p.m. and 7:00 a.m. the following day on weekdays, or between 6:00 p.m. Friday and 9:00 a.m. Saturday or between 4:00 p.m. Saturday and 7:00 a.m. the following Monday or at any time on legal holidays. No person shall operate or permit the operation of any heavy equipment used in construction, drilling, earth moving, excavating or demolition work between 9:00 a.m. and 4:00 p.m. on Saturdays. For purposes of this section, "heavy equipment" shall include all track equipment such as bulldozers and track backhoes. Only wheel backhoes and other small construction equipment may be used on Saturdays. This subsection shall not apply to quarries which are subject to the provisions of Subsection 19-4.1 of this Code.
[Ord. No. 99-1172 § 1]
It shall be unlawful for the owner or tenant of any dwelling or lands lying within the limits of the Borough to permit an accumulation of filth, garbage, trash, debris, tree stumps or other similar materials which are detrimental to the public health, safety or general welfare, or constitute a fire hazard.
[Ord. No. 99-1172 § 1]
a. 
The governing body upon receipt of an allegation of a violation of Subsection 3-18.1 from any Borough official or inspector may schedule a hearing thereon and shall give the owner or tenant not less than five days' notice thereof.
b. 
If the governing body determines after conducting the hearing that there is a violation of Subsection 3-18.1 it shall serve a ten-day notice on the owner or tenant in accordance with N.J.S.A. 40:48-2.13 to remove the materials and abate the violation.
[Ord. No. 99-1172 § 1]
Proof of service of the ten-day notice provided for in Subsection 3-18.2b. shall be filed with the Borough Clerk. Failure to file the proof of service shall not invalidate any such subsequent proceedings if service has actually been made.
[Ord. No. 99-1172 § 1]
In the event that the owner or tenant fails to correct the condition and abate the violation in the manner and within the time provided for in the notice, the governing body shall require that the condition be corrected under the direction of the Code Enforcement Officer, the Construction Official or the Public Works Manager, as appropriate.
[Ord. No. 99-1172 § 1]
If the condition is corrected by the Borough pursuant to Subsection 3-18.4, the Borough Administrator shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon, or so much as said cost as may be reasonable, to be charged against said lands.
[Ord. No. 99-1172 § 1]
The amount charged pursuant to Subsection 3-18.5 as certified to the Tax Collector, shall become a lien upon such lands and shall be added to, 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.
[Ord. No. 99-1172 § 1]
Any owner or tenant failing to abate a violation or to remove a condition in violation of Subsection 3-18.1 upon receipt of the notice required by Subsection 3-18.2, and in the manner and in the time set forth in said notice, shall upon conviction thereof be liable to the general penalties set forth in § 1-5 of this Code.
[Ord. No. 99-1172 § 1]
The governing body may pursue either or both of remedies. The removal of materials or the abatement of a violation by the Borough and the assessment of costs against the land shall not preclude a conviction in the municipal court for a violation of this section.
[Ord. No. 2000-1224; Ord. No. 2017-1741; Ord. No. 2017-1744]
All properties described in Subsection 3-19.2 shall be equipped with a key access box. The required key access box shall be installed on new buildings prior to occupancy. A key access box shall be installed on all existing buildings covered by this section within six months of the effective date hereof.
[Ord. No. 2000-1224; Ord. No. 2017-1741; Ord. No. 2017-1744]
a. 
The following classes of buildings are covered by this section and shall comply with the requirements of Subsection 3-19.1:
1. 
All commercial and industrial buildings which are protected by automatic central alarm systems or sprinkler systems.
2. 
All churches, schools and other places of public assembly.
3. 
All abandoned residential properties, as well as those in foreclosure.
[Ord. No. 2017-1741]
4. 
All properties with locking or automatic driveway gates.
[Ord. No. 2017-1744]
5. 
All multifamily dwellings with common areas.
[Ord. No. 2017-1744]
b. 
It is recommended, but not required, that the following classes comply with the requirements of Subsection 3-19.1.
1. 
Residential properties which are protected by automatic central alarm systems or sprinkler systems.
[Ord. No. 2017-1744]
[Ord. No. 2000-1224; Ord. No. 2017-1741]
The key access box installed pursuant to this section shall meet the following requirements:
a. 
It shall be UL approved.
b. 
It shall be compatible with the system used by the Borough Fire Company and Police Department.
c. 
It shall be approved by the Fire Prevention Bureau.
d. 
It shall be installed in a location approved by the Borough Fire Chief.
[Ord. No. 2000-1224; Ord. No. 2017-1741]
The key box shall contain the following:
a. 
Keys to locked points of interior and exterior ingress.
b. 
Keys to locked mechanical rooms with access in basement and crawl space areas.
c. 
Keys to locked electrical rooms, electrical equipment, elevator control rooms and elevator cab controls.
d. 
Electronic cards, codes for electronic entry doors and keys to fire alarm panels and security panels.
e. 
Detailed instructions and codes to operate and reset fire alarm panels. All central fire alarm systems shall have detailed building floor plans clearly showing all zone divisions and initiating device locations located adjacent to fire alarm panel.
f. 
Keys and/or codes to driveway access gates and other areas.
g. 
Current list of keyholders with contact numbers (twenty-four-hour availability).
h. 
Other pertinent information as directed by the Fire Prevention Bureau.
[Ord. No. 2000-1224; Ord. No. 2017-1741]
It shall be the responsibility of the owner and the occupant of the premises to maintain the lockbox and to comply with all the requirements of this section. A creditor filing a complaint in a foreclosure action shall be responsible for compliance with this section which shall be in addition to the creditor's other responsibilities set forth in Subsection 11-2.3A of this Code.
[Ord. #2000-1224; Ord. No. 2017-1741]
Any individual who violates the terms of this section may be subject to fines and penalties in accordance with the penalties set out in the Uniform Fire Code and the regulations promulgated by the Department of Community Affairs. In addition, any individual, corporation or other entity who violates the terms of this section shall upon conviction be liable to the penalties stated in Chapter 1, § 1-5 of this Code.
[Ord. No. 2015-1692 § 2]
No owner, tenant or occupant of any residential dwelling unit shall place or cause to be placed or permit to remain on the curbside, berm or any portion of the street or sidewalk, or any part or portion of the front yard of the premises, any garbage, trash or recycling receptacle earlier than 4:00 p.m. of the day preceding the time scheduled for the collection of garbage, trash or recyclables or allow or permit any empty garbage, trash or recyclable container to remain on the curbside, berm or any portion of the street or sidewalk or any part or portion of the front yard of the premises after midnight of the day of collection.
[Ord. No. 2019-1793]
The purpose of this subsection is to prohibit the discharge of sump pump or other intentional discharge of any stormwater onto any Borough street or sidewalk when such a discharge would create an unsafe condition such as icing or flooding.
[Ord. No. 2019-1793]
There shall be no sump-pump discharges or mechanical discharge of any stormwater, leader drain discharge or other manmade diversions of stormwater directly into any Borough street or sidewalk between December 1 and March 15, if in the professional opinion of the Borough Engineer or the Chief of Police, or their designee, that said discharge would create any unsafe condition such as icing or flooding.
[Ord. No. 2019-1793]
Any person, entity, firm or corporation or other group found guilty of violating any of the provisions of this subsection shall be subject to any penalty as set forth in § 1-5 of the Revised General Ordinances. Each daily incident shall be considered as a separate violation.
[Added 10-15-2019 by Ord. No. 2019-1820.[1]
[1]
Editor's Note: Former § 3-22, Yard Waste Collection Program, previously codified herein and containing portions of Ordinance No. 2005-1375 and 2010-1542, was renumbered to be § 22-3 by Ordinance No. 2010-1560.
The purpose of this section is to protect the public's health and general welfare by licensing and regulating establishments that sell electronic smoking devices.
As used in this section, the following words shall mean:
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma, including, but not limited to, any fruit, candy, chocolate, vanilla, honey, cocoa, wintergreen, dessert, alcoholic beverage, herb or spice flavoring, that is imparted prior to or during consumption by an electronic smoking device, tobacco product, or other related product, including electronic liquid, or any smoke, aerosol, or vapor emanating from that device or product. An electronic smoking device, any cartridge, or other component of the device or other related product, including liquid nicotine, shall be deemed to have a characterizing flavor if the device, cartridge, component, or related product is advertised or marketed as having or producing any such distinguishable flavor, taste or aroma. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
COMPONENT or PART
Any software or assembly of materials intended or reasonably expected to alter or affect the electronic smoking device's performance, composition, characteristics, and ingredients.
DISTINGUISHABLE
Perceivable by either the sense of smell or taste.
ELECTRONIC LIQUID
Ingredients, liquids, gels, waxes and powders, including but not limited to those which may contain nicotine, and which may be aerosolized or vaporized when using an electronic smoking device.
ELECTRONIC SMOKING DEVICE
A device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.[1]
EMPLOYEE
Any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
EMPLOYER
Any business or nonprofit entity that retains the service of one or more employees.
ITINERANT ESTABLISHMENT
A temporary or permanent business operated from a truck, a cart, other vehicle, hand-carried portable container or device, or mobile platform or unit.
LICENSE YEAR
A calendar year commencing on January 1 and ending on December 31.
LIQUID NICOTINE
Any solution containing nicotine, which is designed or sold for use with an electronic smoking device.
LIQUID NICOTINE CONTAINER
A bottle or other container of a liquid, wax or gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed, or intended for use in an electronic smoking device. "Liquid nicotine container" does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed or intended for use in an electronic smoking device, provided that such cartridge is prefilled and sealed by the manufacturer, with the seal remaining permanently intact through retail purchase and use; is only disposable and is not refillable; and is not intended to be opened by the consumer.
MANUFACTURER
Any person, including any repacker and/or relabeler, who compounds, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repacks, relabels or imports electronic smoking devices or electronic liquid.
NONPROFIT ENTITY
Any entity that meets Internal Revenue Service (IRS) Internal Revenue Code Section 501(c)(3) as well as any other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that solely sells, distributes, gives, offers or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
SALE
Every delivery of electronic smoking devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, keeping and exposing for sale, delivering for value, peddling and possession with intent to sell, distribute, or give.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah and marijuana, whether natural or synthetic. "Smoking" also includes the use of an electronic smoking device.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. Tobacco product also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, and substances used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration and defined in the Federal Food, Drug and Cosmetic Act.[2]
VAPE SHOP
Any commercial establishment whose principal business is the retail sale, service or use of electronic smoking devices, liquid nicotine or vapor products.
VAPOR PRODUCT
Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic or chemical means to produce vapor from nicotine or other inhalation agents not approved by the FDA.
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
[2]
Editor's Note: See 21 U.S.C. § 301 et seq.
a. 
Only retail electronic smoking device establishments licensed by the Borough of Bernardsville shall sell and/or manufacture electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
b. 
It shall be unlawful for a business which holds a license for the retail sale of motor fuel issued by the State of New Jersey to sell and/or manufacture electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
c. 
A business which holds a license for the retail sale of motor fuel issued by the State of New Jersey, and which sells and/or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine shall comply with this section within 30 days of the passage of this section.
No individual under the age of 18 shall be employed by a retail electronic smoking device establishment.
No person shall sell, distribute, gift or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine to any person under the age of 21 years. Each retailer selling or distributing electronic smoking devices shall verify the age of the purchaser by means of valid government-issued photographic identification that contains date of birth.
No retail electronic smoking device establishment, not presently in operation at the time of the adoption of this section shall be located within 1,000 feet of any public recreational field or park, public or private elementary or secondary school.
a. 
No person shall sell, distribute, gift or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine in the Borough of Bernardsville unless an employee of the establishment controls the sale of such product through direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines for the sale of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine shall be prohibited.
b. 
No retail electronic smoking device establishment shall distribute, or cause to be distributed, any samples or permit sampling of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
c. 
No retail electronic smoking device establishment shall use any device to mask or conceal any characterizing flavor of any electronic liquid and/or tobacco product.
a. 
No person shall conduct, maintain, or operate a retail electronic smoking device establishment without first submitting an application for licensure on forms promulgated by the Borough of Bernardsville.
b. 
Fees in accordance with the following schedule shall be paid annually:
Retail electronic smoking device establishment license
$250
Manufacturer license
$2,500
c. 
Licenses issued under the provisions of this section shall expire annually on December 31 of the year in which the license was issued.
d. 
Applications for license renewal shall be submitted to the Borough of Bernardsville no less than 60 days prior to expiration.
e. 
At the time of the initial application and any subsequent renewals, the applicant or the licensee shall:
1. 
Disclose if they are also a manufacturer or distributor of electronic smoking devices and if that part of their business is conducted or takes place at the retail electronic smoking device establishment or another location(s).
2. 
Provide contact information for the manufacturer or distributor or other business(es) electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine are purchased.
f. 
Licenses shall be posted in a conspicuous location where it may be readily observed at eye level by all patrons before or immediately upon entering the establishment. No portion of the license shall be obstructed from view during display.
g. 
It shall be unlawful for any person to erase, cancel, deface, or alter a license once it has been issued by the Division of Health.
h. 
The owner or person in charge of an establishment shall permit any Borough official, inspector or police officer who has presented proper identification to fully examine any license issued under this section.
i. 
No licenses shall be issued to itinerant establishments.
j. 
Licenses and/or permits are not transferable and are not prorated. Any establishment that changes ownership must submit a new application and receive a new license and/or permit prior to the opening of the establishment.
The funds collected by the licensing of such establishments shall be used to fund enforcement of this section and the development and maintenance of smoking and substance abuse prevention and control programs established, administered or sanctioned by the Borough of Bernardsville.
a. 
The Code Enforcement Officer or his/her authorized agent shall have the right to inspect any retail electronic smoking device establishment as often as he/she deems it necessary.
b. 
Any duly appointed Borough police officer shall be permitted to enter and inspect the premises for compliance with this subchapter.
c. 
All parts of the establishment shall be made accessible to the Code Enforcement Officer or his/her designee and any duly appointed Borough police officer.
d. 
It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the Code Enforcement Officer or his/her designee or any duly appointed Borough police officer needing to perform an inspection, access to all areas of the establishment.
a. 
Licenses issued under this section may be revoked or suspended by the Code Enforcement Officer or his/her designee, pending a formal hearing before the Borough Council, for the following causes:
1. 
Fraud, misrepresentation or false statement in the application for the establishment license.
2. 
Fraud, misrepresentation or false statement made while operating the licensed business in the Borough.
3. 
Conducting the licensed business within the Borough in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.
4. 
An existing or threatened menace to the public health as determined by the Code Enforcement Officer.
5. 
The owner and/or operator or any employee refuses to permit, hinders, or obstructs, the Code Enforcement Officer or his/her designee or any duly authorized Borough Police Officer to inspect the premises or the operations therein.
b. 
A person, firm, corporation, or other entity whose license has been revoked shall close the establishment and request all patrons to vacate the premises.
c. 
The licensee shall be entitled to a hearing before the Borough Council within a reasonable time, which is not to exceed 15 days for the purpose of seeking reinstatement of a suspended or revoked license. Written notice of the time and place of such a hearing shall be served upon the licensee by the Code Enforcement Officer at least three days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such license by simultaneous regular mail and certified mail, return receipt requested.
d. 
At the hearing before the Borough Council, the licensee shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Borough Council, the complaint may be dismissed, or if the Borough Council concludes that the charges have been sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
e. 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough, unless the application for such license shall be approved by the Borough Council.
a. 
Any person who violates any provision of this section shall be liable, upon conviction, to the penalties set forth in § 1-5 of this Code.
b. 
Upon conviction for violation of any of the provisions of this section, each and every day thereafter that the violation continues shall be deemed and constitute a separate and distinct offense hereunder.
c. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by N.J.S.A. 2C33-13.1 et seq.
[Ord. No. 2005-1375 § 4]
The purpose of this section is to prohibit the spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Bernardsville, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2005-1375 § 4]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the Borough of Bernardsville or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2005-1375 § 4]
The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Bernardsville is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 2005-1375 § 4]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from fire fighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or property discarded.
3. 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 2005-1375 § 4]
This section shall be enforced by the Police Department or the Code Enforcement Officer of the Borough of Bernardsville.
[Ord. No. 2005-1375 § 4]
Any person who violates any provision of this section shall be liable, upon conviction, to the penalties stated in Chapter 1, § 1-5.
[1]
Editor's Note: Former § 3-24, Containerized Yard Waste, previously codified herein and containing portions of Ordinance No. 2005-1375, was renumbered to be § 22-4 by Ordinance No. 2010-1560.
[1]
Editor's Note: Former § 3-25, Illicit Storm Sewer Connections, previously codified herein and containing portions of Ordinance No. 2005-1375, was renumbered to be § 22-5 by Ordinance No. 2010-1560.
[Ord. No. 2008-1482 § 1]
To adopt a local ordinance, as authorized by N.J.S.A. 40:48-2.59, to outlaw graffiti and to require property owners to remove graffiti from their property.
[Ord. No. 2008-1482 § 1]
For the purposes of this section, "graffiti" means any drawing, painting or making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.
[Ord. No. 2008-1482 § 1]
No person shall place graffiti on any property, public or private, real or personal, without the owner's prior consent. Notwithstanding such consent, the owner of real property shall take appropriate action to clean, repair, paint or otherwise restore the property to the condition it was prior to being damaged by graffiti in accordance with the requirements of Subsection 3-26.5 below.
[Ord. No. 2008-1482 § 1]
It shall be unlawful for any parent, legal guardian or other person having custody and care of any minor under the age of 18 years, to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of Subsection 3-26.3, either by words or overt act.
[Ord. No. 2008-1482, § 1]
a. 
Upon receipt of written notice from the Borough to remove graffiti, a property owner shall have 90 days from the date that the notice is sent (except the New Jersey Department of Transportation which shall have 120 days from the date the notice is sent), to remove graffiti from his or her property. Such notice shall be sent to the owner of record by certified and regular mail. The notice to remove graffiti shall contain a form to be utilized by the property owner to inform the Borough that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that graffiti has been removed, the owner is certifying that the facts set forth therein are true and that certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
b. 
An owner who has been ordered to remove graffiti shall respond to the Borough by personal delivery or by certified mail:
1. 
Of any objection to the order within 30 days of the date of the order, or
2. 
Of notice that the graffiti has been removed within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order.
c. 
An owner who objects to an order to remove graffiti pursuant to this section may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
d. 
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove the graffiti is still pending pursuant to Subsection 3-26.4, the Borough may remove the graffiti from the property and present the property owner with a detailed itemization of the costs incurred by the Borough, by certified and regular mail, for reimbursement from the property owner.
e. 
Whenever the Borough undertakes the removal of graffiti from any building, structure or other exposed surface, the governing body, in addition to assessing the cost of removal of the municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court of New Jersey shall have jurisdiction of any such action.
[Ord. No. 2008-1482, § 1]
a. 
As authorized by N.J.S.A. 2A:153.4.1, the Borough Council may offer rewards not exceeding $500 each for the detection and apprehension of any person guilty of purposely or knowingly damaging tangible property of another by an act of graffiti in violation of N.J.S.A. 2C:17-3.
b. 
Any reward offered under this section shall be payable after conviction out of those funds of the Borough made available therefor in the municipal budget.
c. 
The reward may be paid to any person who the governing body, acting upon the recommendation of the Chief of Police, may deem entitled thereto, but no reward shall be paid to any public employee whose duty it is to investigate or to enforce the law or to the employee's spouse, child or parent, living in the same household.
[Ord. No. 2008-1482, § 1]
a. 
Penalties. Any person who shall violate any provisions of this section shall be subject to the penalties as provided in Chapter 1, § 1-5. Each day in which such violation continues shall constitute a separate offense. Repeat offenders, as that term is defined in § 1-5, shall be subject to the penalties set forth in § 1-5.
b. 
Restoration of Property; Restitution. As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was prior to being damaged. In the event that the offender is unable to comply with the above, the Municipal Court shall have the authority to order that said offender make the necessary monetary restitution to restore the property to its original undamaged condition.
[Ord. No. 2008-1489, § 1]
The Borough Police Department shall be primarily responsible for enforcing Subsections 3-26.3, "Graffiti Prohibited" and 3-26.4, "Parent or Guardian Responsible for Violation by Minor" and the Borough Code Enforcement Officer shall be primarily responsible for enforcing Subsection 3-26.5, "Property Owner to Remove Graffiti."
[1]
Editor's Note: Former § 3-27, Fertilizer, previously codified herein and containing portions of Ordinance No. 09-1521, was renumbered to be § 22-6 by Ordinance No. 2010-1560.