[Ord. No. 385 § 2; Ord. No. 865 § 1]
As used in this section:
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.
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.
Shall mean a building used for manufacturing, offices, stores,
or other purposes, including living quarters.
Shall mean all public streets, roads, alleys, parks, grounds
and buildings owned by the Borough or Board of Education.
Shall mean all buildings, grounds, parks, streets, roads,
schools, and all sewers owned by the Borough or Board of Education.
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.
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.
Shall mean any brook, river, pond, or other body of water
in the Borough.
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:
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.
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]
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.
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.
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.
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.
Shall mean a natural person, and generally means the owner
or operator of the vehicle being towed.
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.
Shall mean the Director of the New Jersey Division of Consumer
Affairs.
Shall mean the New Jersey Division of Consumer Affairs.
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.
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.
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.
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.
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.
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.
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.
Shall mean an individual, sole proprietorship, partnership,
corporation, limited liability company or any other business entity.
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.
Shall mean a person offering or performing private property
towing services.
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.
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.
Shall mean a space at which motor vehicles that have been
towed are stored.
Shall mean covering a motor vehicle to prevent weather damage.
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.
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.
Shall mean a person offering or performing towing services.
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway.
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.
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.
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.
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 $1,000,000.
[Amended 12-12-2022 by Ord. No. 2022-1938]
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.
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; amended 4-12-2021 by Ord. No. 2021-1877]
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.
[Added 4-12-2021 by Ord. No. 2021-1877]
a.
The owner/resident of all buildings, residences, and properties with
alarm systems (to include but not limited to burglar alarms, panic
alarms, hold up alarms, and fire and medical alarms, which alert emergency
services upon activation) shall provide the Police Department on an
annual basis with the following information on forms provided by the
Police Department:
1.
Name, address, location, and primary telephone number where the alarm
is located.
2.
Name, address and home telephone number and email address (if applicable)
of primary contact person;
3.
Name, home address and home telephone number and email address (if
applicable) of alternate emergency contact person.
4.
Name, address and telephone number of the alarm company servicing
the alarm.
5.
Name, address and telephone number of the central station monitoring
the alarm.
b.
Owners shall update the Police Department with any changes to the
required information provided in the initial registration to ensure
the information provided is current. Changes shall be provided to
the Police Department within 30 days of the change occurring.
c.
New occupants, business owners or residents are required to initially
register the alarm at the property and provide the above information.
d.
A one-time fee of $50 will be charged for initial alarm registrations.
No fee shall be charged for registrations submitted on or before September
30, 2021.
[Ord. No. 608 § 6;
amended 4-12-2021 by Ord. No. 2021-1877]
In the case of false or accidental alarms (to include but not
limited to burglar alarms, panic alarms and hold up 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; amended 4-12-2021 by Ord. No. 2021-1877]
The fees to reimburse the Borough for costs incurred as a result
of false alarms shall be as follows:
a.
In any twelve-month period the following fees shall apply:
1.
The Borough will allow up to three false/accidental alarm activations
without a fee in any one calendar year. Fees for additional false/accidental
activations are as follows:
b.
Late fee
for unregistered alarms: $100 after 30 Days of first warning letter
being sent.
c.
The fees
in this subsection are in addition to the initial registration fee
charged pursuant to § 3- 6.3 above.
d.
Owners of alarm systems are required to remit payment of charged fees within 30 days or receiving notice. Failure to do so shall result in the issuance of a summons requiring a mandatory appearance in the Bernardsville Borough Municipal Court where they will be subject to the penalties set forth in Chapter 1, § 1- 5 of the Borough Code.-.
e.
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.
[Added 4-12-2021 by Ord.
No. 2021-1877]
All properties owned by the Borough of Bernardsville shall be
exempt from the requirements of this section.
[Added 4-12-2021 by Ord.
No. 2021-1877]
[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.
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:
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
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
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.
d.
Notwithstanding
the provisions contained herein, the governing body may authorize
the holder of a Daily or Annual Seasonal Farm Market Permit issued
pursuant to New Jersey Division of Alcoholic Beverage Control Special
Ruling S.R. 2021-01 to:
[Amended 4-25-2022 by Ord. No. 2022-1912]
1.
Sell any of their products in sealed, original containers at the
Bernardsville Farmers' Market for consumption off of the premises
of the Bernardsville Farmers' Market;
2.
Transport the licensee's products in sealed, original containers
to and from the Bernardsville Farmers' Market; and
3.
Offer samples for sampling purposes, to be consumed by persons of
the legal age to consume alcoholic beverages in areas in the immediate
vicinity of the alcoholic beverage vendor, during each day the Bernardsville
Farmers' Market is operating in the amounts authorized pursuant
to N.J.S.A. 33:1-10 and N.J.S.A. 33:1-12d.
4.
Such authorization shall be subject to the following conditions:
(a)
The vendor shall obtain the appropriate permit from the Division
of Alcoholic Beverage Control in the New Jersey Department of Law
and Public Safety.
(b)
The vendor shall not sell, serve or deliver or allow, permit or suffer
the sale, service or delivery of any alcoholic beverage directly or
indirectly to or consumption by any person under the legal age to
consume alcoholic beverages nor to any person who is actually or apparently
intoxicated.
(c)
The permit issued by the Division of Alcoholic Beverage Control must
be conspicuously displayed on the permitted premises.
(d)
This exception is expressly subject to all limitations and conditions
set forth or imposed and to all rules and regulations promulgated
by the Director of the Division of Alcoholic Beverage Control, including
but not limited to Special Ruling S.R. 2021-01 establishing daily
and annual seasonal farm market permits.
[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:
Means a person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
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:
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.
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.
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]
[Ord. No. 484 § 1]
As used in this section:
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.
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.
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.
[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
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|
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.
|
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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.
|
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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:
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.
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.
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]
[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]
[Ord. No. 2000-1224; Ord. No. 2017-1741]
The key access box installed pursuant to this section shall
meet the following requirements:
[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.
[Added 11-9-2020 by Ord. No. 2020-1862]
a.
Any sump
pump discharge or mechanical discharge of any stormwater, leader drain
discharge or other manmade diversions of stormwater directly into
any Borough street or sidewalk which causes damage to the street,
sidewalk or curbing. shall upon notice from the Borough Public Works
Manager or the Borough Project Manager be mitigated within 10 days
of receipt of such notice by either relocating the discharge pipe
or taking such other steps that mitigate the potential of damage at
the property owner's sole expense. to the satisfaction of the Borough
Public Works Manager. In addition the property owner shall be responsible
for repairing the damaged street, sidewalk or curbing at his or her
sole expense.
b.
The discharge
from any system installed or constructed after adoption of this subsection
must discharge not less than 10 feet from the curb line or edge of
the pavement. In such cases, the discharging of sump pumps, gutter/leader
systems and/or dry wells directly onto the roadway is prohibited.
c.
All existing
non -conforming discharges must be brought into compliance at the
time a roadway is milled, paved or reconstructed. Said corrective
action will be at the expense of the property owner.
[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]
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:
Any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes.
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.
Any software or assembly of materials intended or reasonably
expected to alter or affect the electronic smoking device's performance,
composition, characteristics, and ingredients.
Perceivable by either the sense of smell or taste.
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.
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]
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.
Any business or nonprofit entity that retains the service
of one or more employees.
A temporary or permanent business operated from a truck,
a cart, other vehicle, hand-carried portable container or device,
or mobile platform or unit.
A calendar year commencing on January 1 and ending on December
31.
Any solution containing nicotine, which is designed or sold
for use with an electronic smoking device.
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.
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.
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.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any establishment that solely sells, distributes, gives,
offers or manufactures electronic smoking devices, components or parts,
electronic liquid, and/or liquid nicotine.
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.
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.
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]
Any commercial establishment whose principal business is
the retail sale, service or use of electronic smoking devices, liquid
nicotine or vapor products.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
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]
[Added 4-12-2021 by Ord. No. 2021-1876]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P. L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Bernardsville, except for the delivery of cannabis
items and related supplies by a delivery service.
[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:
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."
