Borough of Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[The general power to adopt local police ordinances of all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in R.S. 40:49-5.]
The definition of "litter", as set forth in subsection 3-1.1a of the Revised General Ordinances of the Borough of Highlands is amended to read as follows:
LITTER
Shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. "Litter" shall further 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, 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 processors, logging, sawmilling, farming or manufacturing.
a. 
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations, parks, drive-in restaurants, all street vendor locations, self-service refreshment areas, construction sites, gasoline service stations islands, shopping centers, parking lots, campgrounds and trailer parks, marinas, boat moorage and fueling stations, boat launching areas, and at special events to which the public is invited including: sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
b. 
Litter receptacle means a container suitable for the depositing of litter.
a. 
It shall be unlawful for any person to discard or dump along any street or road, 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 said property in any place not specifically designated for the purpose of solid waste storage or disposal.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses in any areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential except in a fully enclosed structure or on days designated for the collection of tires.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects 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 glass or objects and shall pay the costs therefor.
[Ord. No. O-88-7 § 7]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacle in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. O-88-7 § 8]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. No. O-88-7 § 9]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. All sweepings shall be collected and properly containerized for disposal.
[Ord. No. O-88-7 § 10]
a. 
Any person, firm or corporation who violates or neglects to comply with any provision of the section or any rule or regulation promulgated pursuant thereto shall be punishable upon conviction thereof by a fine not to exceed five hundred ($500.00) dollars. As an alternate penalty, a convicted person may be ordered to perform community service in the Clean Communities program for a period not to exceed 90 days.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such. Enforcement shall be by summons heard in the municipal court of the Borough of Highlands.
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. O-03-21, O-09-02, O-13-07, O-13-10, O-2014-13.
[Ord. No. O-2015-10; Ord. No. O-2015-21]
a. 
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life;
b. 
A substantial body of science and technology exists by which excessive sound may be substantially abated;
c. 
The people have a right to an environment free from excessive sound;
d. 
It is the policy of the Borough to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life; and,
e. 
This section shall apply to the control of excessive sound originating from sources within the Borough.
f. 
The following definitions shall apply to this section:
AFFECTED PERSON
Shall mean a person who makes a complaint and who lives or works at a property that is directly affected by the noise-generating property.
DAYTIME HOURS
Are defined as 7:00 a.m.—9:00 p.m. Sunday through Thursday and 7:00 a.m.—10:00 p.m. Friday, Saturday and Legal Holidays.
NIGHTTIME HOURS
Shall mean 9:00 p.m.—7:00 a.m. Sunday through Thursday and 10:00 p.m.—7:00 a.m. Friday, Saturday and Legal Holidays.
PLAINLY AUDIBLE
Shall mean any sound that can be detected by a person using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is live entertainment or a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic base component of the music is sufficient to verify plainly audible sound. The law enforcement officer need not determine the title, specific words or the artist performing the song.
SPEECH INTERFERENCE
Occurs when the noise from the noise-generating source under investigation results in the need for persons engaged in conversation with one another, at a distance of approximately 2 feet from one another, to raise their voice level to be fully heard by the other person when conversing at or within the property line of the complainant.
[Ord. No. O-2015-10; Ord. No. O-2015-21]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unreasonable sound or any sound which annoys or disturbs the peace, quiet or safety of others, as follows:
a. 
During nighttime hours no person shall permit any noise to emanate from any source or instrument whether natural or artificial, or use equipment outside or inside a dwelling, structure or other establishment on a property in the Borough of Highlands such that the noise created thereby is plainly audible at a distance of one hundred (100) feet beyond the property line of the noise-generating property.
b. 
During daytime hours no person shall permit any noise to emanate from any source or instrument whether natural or artificial, or use equipment outside or inside a dwelling, structure or other establishment on a property in the Borough of Highlands such that the noise created thereby is deemed to be unreasonable by the Borough Code Enforcement Officer or Borough Police Officer. In determining whether a noise is unreasonable, speech interference, as defined herein, must be evaluated and the following factors should be considered:
1. 
Intensity of the noise
2. 
Intensity of the background noise (i.e., ambient sound level when no or minimal noise is emanating from the source under investigation)
3. 
Duration of the noise (i.e., period of time it is in operation)
4. 
Frequency of the noise (i.e., how often it occurs per hour, per day, per week, etc.)
5. 
To what degree the noise is in the control of the owner or other responsible party (e.g., can the volume of an amplifier or similar device be lowered or is the noise level inherent to the activity)
6. 
Proximity of the noise source to residential properties
7. 
Time of the day the noise occurs
8. 
Number and frequency of complaints concerning the noise-generating property
9. 
Whether the noise is audible inside the complainant's residence or business
10. 
Whether the noise interferes with sleep, conversation, or repose
c. 
When an officer responds to a complaint from an affected person and can hear plainly audible music or other sound at a distance of one hundred (100) feet beyond the property line of the noise-generating property during nighttime hours (subsection 3-2.2a), or any unreasonable sound, at or within a complainant's property line during daytime hours (subsection 3-2.2b), there is a violation of this subsection and the violator is subject to the penalties of this section.
[Ord. No. O-2015-10; Ord. No. O-2015-21]
The following activities, among others, are declared unreasonably loud, disturbing and unnecessary noise in violation of this section:
a. 
The sounding of a horn or signaling device on an automobile, motorcycle or other motorized vehicle, except as a warning of danger, and then only for such period of time as is reasonably necessary for giving such warning;
b. 
The use, operation or playing of any loudspeakers, amplifiers, instrument, or other machines or devices for the producing of sound which is cast upon a public street for the purpose of commercial advertising or attracting the attention of the public;
c. 
The shouting of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood;
d. 
The keeping of any animal or bird which by causing frequent or long-continued noise, such as barking or jabbering (a frequency of five (5) or more events during a ten (10) minute period or a duration of greater than five (5) minutes on a relatively continuous basis), shall disturb the peace, quiet and comfort of neighboring inhabitants.
[Ord. No. O-2015-10; Ord. No. O-2015-21]
The provisions of this section shall not apply to:
a. 
Any public works projects for construction deemed to be in the public's welfare, safety and for the public good and only with prior approval from the Governing Body.
b. 
Sounds created by any government agency by the use of public warning devices.
c. 
Sound and vibration emitted for the purpose of alerting people in an emergency or in the performance of the response to an emergency.
d. 
Sounds connected with any authorized carnival, fair, exhibition, parade or community celebration or from any municipally sponsored celebration, event, activity or individually sponsored event where a permit or other relevant permission has been obtained from the Governing Body.
e. 
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized by the Governing Body.
f. 
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within five (5) minutes after it has been activated.
g. 
Noise from construction or renovation activities, such as, erection, excavation, demolition, alteration or repair of any building between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. At other times, any audible noise, which results in a complaint by an affected person, when evaluated at or within the property line of the complainant, is prohibited, except in the case of urgent matters (to the extent necessary to prevent further damage) and in the interest of public safety and health.
h. 
Noise from domestic power tools, used for routine maintenance, such as, lawn mowers, leaf blowers and similar equipment when operated between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they are equipped with a muffler, if so equipped by the manufacturer, and are properly maintained so to not produce excessive noise.
i. 
Noise from snow blowers, snow throwers, and snow plows when operated with a muffler, if so equipped by the manufacturer, for the purpose of snow removal.
j. 
Outdoor music, either live or recorded, when operated during the months of May through October and between the hours of 11:00 a.m. and 9:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, or between the hours of 11:00 a.m. and 10:00 p.m. on Friday and Saturday when such outdoor music is operated in a reasonable manner and at a reasonable sound level. Music, during these hours, which results in speech interference at or within the property line of an affected person is considered to be unreasonably loud and in violation of this section and the violator is subject to the penalties of this chapter. Establishments which operate with a liquor license and have been found to be responsible for unreasonable noise, as described herein, may be subject to additional sanctions from the Borough's Alcohol Beverage Control Board which may include restrictions to their liquor license to minimize the likelihood of subsequent violations of this chapter.
k. 
Nothing herein contained shall be construed to apply to church bells or chimes, or to sounds typically generated by vehicles engaged in the residential sale of ice cream.
l. 
Sounds emanating from any youth sporting event sponsored by an organized community organization, the Borough, or any school or school district.
[Ord. No. O-2015-10]
a. 
Any person found guilty of violating any of the foregoing provisions concerning plainly audible noise, unreasonable noise or unnecessary noise shall be subject to a fine not to exceed two hundred fifty ($250.00) dollars for an initial violation. For a second violation, the fine shall not exceed five hundred ($500.00) dollars. For a third violation, the fine shall not exceed seven hundred fifty ($750.00) dollars. For a fourth violation, the fine shall not exceed one thousand ($1000.00) dollars. For a fifth violation, the fine shall not exceed one thousand five hundred ($1,500.00) dollars. For a sixth violation, the fine shall not exceed two thousand ($2,000.00) dollars as well as for any violation thereafter. Additionally, when an offender is found to be a repetitious offender, the offender shall be subject to not more than thirty (30) days imprisonment in the County jail for each subsequent offense. A repeat offender shall be defined as an individual who has violated this section more than three (3) times within a four-week period of time.
b. 
Each day that this section is violated shall constitute a separate offense.
[1]
Editor's Note: Former section 3-2A, Noise Restrictions, previously codified herein and containing portions or Ordinance No. O-95-14, was repealed in its entirety by Ordinance No. O-09-02. See section 3-2 for noise regulations.
[1]
Editor's Note: Former section 3-3, Loitering, previously codified herein and containing portions of 0-74-10, was repealed in its entirety by Ordinance No. 0-10-13.
[1]
Editor's Note: Former § 3-4, Elimination of Fire Hazards, Ord. No. 4/5/66, §§ 1–4; Ord. No. O-66-2, § 1; Ord. No. O-74-11; Ord. No O-13-6, § 1, was repealed 3-20-2019 by Ord. No. O-19-05. See now § 11-12.
[1]
Editor's Note: Former § 3-5, Storage of Explosives, adopted by Ord. No. 30, §§ 1–3, was repealed 3-20-2019 by Ord. No. O-19-05. This ordinance also stated that such provisions are superseded by the New Jersey Uniform Fire Code.
[1]
Editor's Note: Former § 3-6, Storage of Boats, adopted by Ord. No. O-68-10, §§ 1–4, was repealed 3-20-2019 by Ord. No. O-19-05. See now § 11-12.5.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-05-14; Ord. O-07-09; Ord. O-10-6; Ord. No. O-2017-09]
For the purposes of Section 3-7 of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALUMINUM
Shall mean all products made of aluminum including aluminum cans, foil, wrappers, containers for prepared dinners or other foods, or manufactured aluminum items.
APPLICANT
Shall mean the person that owns, rents, occupies, or controls the property and registers takes responsibility for application for dumpsters or PODS®.
BUILDING MATERIALS
Shall mean materials customarily used in the construction, renovation or demolition of any structure.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
DEBRIS
Shall mean stones, dirt, demolition material, broken concrete, bituminous asphalt materials and other like material, brush, branches, trees and bushes.
GARBAGE
Shall mean putrescent animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and/or consumption of food.
GLASS
Shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all material commonly known as glass excluding, however, blue and flat glass and glass commonly known as window glass.
LEAVES
For purposes of this section, leaves are recyclable.
METAL
Shall mean all products made of metal, exclusive of aluminum including, but not limited to, washers, dryers, refrigerators, stoves, hot water heaters, tire rims, springs, bicycles, bimetal cans (tin cans) or scrap metal.
OCCUPANT
Shall include a resident, tenant, owner and other third party who resides at or who occupies a premises or dwelling - commercial, residential, or institutional.
PAPER PRODUCTS
Shall mean all uncontaminated paper material such as used newsprint, magazines, books, corrugated cardboard and high grade paper.
RECEPTACLES
Shall mean containers generally made out of aluminum, or plastic having an average size of 35 gallons, and shall not exceed 40 pounds when filled to capacity.
RECYCLABLE MATERIAL
Shall include the following: aerosol cans (empty); aluminum cans (rinsed); clean aluminum foil wrap/containers (rinsed); cardboard; glass containers; glass bottles and jars; mixed papers including chip board (cereal boxes), magazines, soft cover books, white/color paper, wrapping paper/non-metallic, newspapers (including inserts) and shredded papers; plastic bottles/containers #1-7; steel and tin cans.
ROLL-OFF DUMPSTER OR DUMPSTER
Shall mean a bulk storage container for waste materials that can be hauled by private companies directly to the point of disposal.
SINGLE STREAM RECYCLING
Shall mean the ability of residents to place recyclable material into one blue recycling container, wherein recyclable material does not need to be separated from other recyclable material.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
TRASH
Shall mean ashes, plastic material, ceramics, blue and flat glass, nonputrescible solid waste, contaminated paper, and other similar materials.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-10-6; Ord. No. O-2017-09]
a. 
There is hereby established a program for the mandatory separation of recyclable material, trash, building materials debris, garbage, and other debris within the Borough of Highlands. All recyclable materials shall be separated from other garbage, debris, trash and recyclable material consistent with this section. The Borough of Highlands engages in Single Stream Recycling.
b. 
Any multifamily complex, business or institution that is not provided recyclables collection service by municipal forces or through municipal contract shall provide the municipality with, at a minimum, an annual report describing arrangements for both solid waste and recyclable collection services, including the size, number and location of storage containers, frequency of pick-up services, the name and address of any contractor hired to provide such service, and phone and other contact information for the contractor.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. 0-98-08; Ord. No. O-2017-09]
a. 
Pickup of the solid waste items set forth herein shall be placed at the curb for collection on the days designated by the Borough and in the manner prescribed herein no later than 5:00 a.m. and not earlier than 5:00 p.m. the day before the designated collection day.
b. 
Pickup of recyclable material shall be placed at the curb for collection on the days designated by the Borough and in the manner prescribed herein no later than 5:00 a.m. or earlier than 5:00 p.m. on the day before the designated collection day.
c. 
After collection, any empty container shall be removed from curbside by 8:00 p.m. of the day of the collection.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. 0-88-30, S 1; Ord. 0-98-08; Ord. O-05-14; Ord. O-10-6; Ord. No. O-2017-09]
The occupant or owner of any building shall place for disposal, removal or collection the following named items at the curb in conformity with the following regulations:
a. 
Recyclable material shall be placed in a reusable metal or rigid plastic container supplied by occupant.
b. 
Garbage. The garbage receptacle shall be a container of galvanized iron or a rigid plastic container and shall be watertight with suitable handles and a tight-fitting cover that will prevent access by flies, other insects and animals to its contents. The container shall be covered at all times and shall have a capacity of not less than four (4) gallons and not more than thirty-two (32) gallons. Garbage shall not be placed for pickup in non-rigid containers, plastic, bags or other containers not permitted herein.
c. 
Trash and debris shall be placed in metal or rigid plastic containers, secured by a lid or securely tied.
d. 
Brush. Branches shall be tied in bundles not to exceed four (4) feet in length or forty (40) pounds in weight.
e. 
Large items such as furniture, rugs, mattresses, television sets and refrigerators shall be placed at curbside no later than 5:00 a.m. on the day designated for collection and not earlier than 5:00 p.m. on the day before the designated collection day, of such items, otherwise, disposal of same shall be the responsibility of the occupant.
f. 
The collection and disposal of leaves shall be in accordance with the following: sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the five (5) days prior to a scheduled and announced collection, and shall not be placed closer than ten (10) feet from any storm drain inlet. Placement of such at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement occurs, the party responsible for placement must remove the leaves from the street or said party shall be deemed in violation of this section.
g. 
Disposal of building materials, demolition materials, broken concrete, bituminous materials and similar items related thereto shall be the responsibility of property owner or contractor.
h. 
The Borough reserves the right to designate certain specific materials to be put out for collection by certain users.
i. 
Recyclable material shall be emptied of their contents and rinsed out. These items shall be placed for collection in accordance with the terms of subsection 3-7.4a.
j. 
Large pieces of corrugated cardboard shall be flattened and placed next to the container of recyclable material securely tied with twine or rope in flat bundles, none of which shall weigh more than fifty (50) pounds.
Placement for collection shall be in accordance with subsection 3-7.3b.
k. 
Leaves shall be kept separate from other vegetative waste, and shall only be placed for collection in a manner and schedule as shall be published and distributed by the municipality. This requirement shall not prohibit any person or establishment from making arrangements to collect leaves and grass directly from their property through their own efforts or via contract with a landscape service or other appropriate company, for direct transportation to a permitted recycling operation.
l. 
Automotive and other vehicle or wet cell batteries, used motor oil and antifreeze shall not be disposed as solid waste. Such items are to be kept separate from other waste materials and recyclables, and brought to publicly operated recycling facilities designed and permitted to handle such products.
m. 
Liquid and hazardous waste shall not be disposed of as solid waste. No liquids of any type shall be placed with recyclables, or other solid waste for collection and disposal. No chemicals, liquid paints, pesticides, herbicides, reactive polishes or cleansers, cleaning or automotive products or other hazardous waste shall be placed with recyclables, or with solid waste for collection and disposal. Such items are to be kept separate from other waste materials and recyclables, and brought to publicly operated recycling facilities designed and permitted to handle such products.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. 0-98-08; Ord. No. O-2017-09]
The collection, removal and disposal of debris, garbage, large objects, leaves, recyclable material and trash shall be supervised by those persons designated by the Borough who shall have the power to establish the time, method and routes of service. Collection for recyclable material shall be two (2) times per month only on the following routes as indicated on the Borough map. Classification of zones are available on the official Borough of Highlands website and will be available upon request at Borough Hall. There will be no collection of recyclable materials on the fifth week of any month in the calendar year.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-07-09; Ord. O-10-6; Ord. No. O-2017-09]
a. 
All receptacles, not to exceed four (4) in number, required herein shall be supplied by the occupant or owner of the premises subject to paragraph c below, and placed prior to collection between the curb and sidewalk where they shall be readily accessible to the collector. The collector shall not retrieve receptacles from private property, and as such, it shall be the resident's responsibility to ensure that receptacles are placed between the curb and sidewalk. The occupant or owner shall keep all receptacles clean and in condition for safe handling. With the exception of Bay Avenue, receptacles must be stored in the rear of the premises at all times.
1. 
All apartment and other multifamily complexes, businesses, schools and other public or private institutions shall provide separate and clearly marked containers for use by residents, students, employees, customers or other visitors, for trash and the various types of recyclables, as appropriate.
2. 
Any company or agency providing dumpsters, roll off or other containers to any apartment or other multifamily complex with shared disposal and recycling areas, or to any business, school or other institution, or for any construction/ demolition project, shall clearly mark such container for trash or for specific recyclables, as may be appropriate.
b. 
The use of containers or receptacles exceeding forty (40) pounds, shall be by special permit only.
c. 
The Borough reserves the right to require the use of special receptacles by certain users when deemed necessary by the Borough due to the nature of commodity and/or quantity involved.
d. 
No person shall park or leave unattended any waste or refuse container, commonly known as a roll-off dumpster, roll-off container, or mobile storage unit on or along any street, highway or public property in the Borough without having first obtained a permit from the Borough of Highlands Code Enforcement, subject to Police Department approval. The application should specify, among other things, the size and location of said container. Said permit shall be valid for a period of seven (7) days after issuance and may be renewed by application to the Borough of Highlands Code Enforcement, for an additional seven-day period, if necessary, at the discretion of the police chief, or his designee. The cost for each initial or renewal permit shall be thirty ($30.00) dollars. A refundable escrow deposit of two hundred ($200.00) dollars shall be required to indemnify the Borough for any costs incurred by the Borough, to reimburse the Borough for any excess clean-up costs, or damages to Borough property caused by improper removal of said containers.
e. 
Reflective Markers. Any roll-off dumpster parked on or along the street, highway or public property in the Borough shall be equipped with and display markers with reflective panels having a minimum size of eighteen (18) inches in order to warn passersby of a traffic hazard. The reflective markers shall be mounted on both ends at the height of four (4) feet from the surface of roadway.
f. 
A maximum of one (1) dumpster or roll-off container is permitted on any one (1) lot at any time.
g. 
Notwithstanding anything to the contrary set forth above, no permit shall be granted for use on a public street or public property, if the applicant has sufficient space on his/her/their premises to accommodate same.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-10-6; Ord. No. O-2017-09]
a. 
The municipality shall issue construction and demolition permits only after the applicant has provided a debris management plan identifying the estimated number and types of containers to be used for the handling of all solid waste and recyclables generated during the project, and arrangement for the proper disposition of the generated materials.
b. 
A refundable deposit of fifty ($50.00) dollars to one thousand ($1,000.00) dollars shall be submitted with the debris management plan, which will be returned after completion of the project and submittal of appropriate records documenting the quantity and disposition of solid waste and recyclables. Inadequate or incomplete documentation may result in a refundable deposit of one thousand ($1,000.00) dollars.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-07-09; Ord. O-10-6; Ord. No. O-2017-09]
a. 
The position of Recycling Coordinator is hereby created and established within the municipality, to be appointed by the Governing Body of the Borough of Highlands, for a term of one year expiring on December 31 of each year.
b. 
The duties of the Recycling Coordinator shall include, but are not limited to: the preparation of annual or other reports as required by State and County agencies regarding local solid waste and recycling programs, reviewing the performance of local schools and municipal agencies and conducting recycling activities, periodic review of local residential and business recycling practices and compliance, review and recommendation and local subdivision and site plan submittals and local construction and demolition projects for appropriate waste disposal and recycling provisions, report to the Governing Body on the implementation and enforcement of the provisions of this section, and such other reports and activities as may be requested by the Governing Body.
c. 
The Recycling Coordinator shall be required to comply with the Certification Requirements for Municipal Recycling Coordinators as established by the State of New Jersey, the Recycling Coordinator shall have completed or be in the process of completing the requirements for certification as a "Certified Recycling Professional" (CRP) no later than January 13, 2012, as required by the New Jersey Recycling Enhancement Act.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 2; Ord. O-10-6; Ord. No. O-2017-09]
From the time of placement at the curb by anyone described herein, items shall become the property of the Borough of Highlands or its authorized agent. It shall be a violation of this section for any person not authorized by the Borough of Highlands to collect or pick up or cause to be collected or picked up any such items.
[Ord. 0-86-5, S 2; Ord. 0-87-4, § 1; Ord. 0-98-08; Ord. O-10-6; Ord. No. O-2017-09]
a. 
The duly appointed Municipal Recycling Coordinator, the Monmouth County Health Department and the Monmouth County Solid Waste Enforcement Team are hereby jointly and severely empowered to inspect solid waste and recycling arrangements and compliance at local residences, businesses, schools and institutions, and to enforce the provisions of this section, by issuance of warnings, notices, summons and complaints. A typical inspection may consist of sorting through containers and opening bagged solid waste to detect the presence of recyclable materials.
b. 
The authorized inspector may, in his or her discretion, issue a warning rather than a summons following an initial inspection, with a follow up visit to determine compliance within a stated period of time.
[Ord. 0-92-10, §§ 1-8; Ord. No. O-2017-09]
a. 
Refrigerant Items to Be Recycled. All refrigerators, freezers, air conditioners and other items containing, or designed to contain, refrigerant fluid shall be recycled in accordance with the terms of this subsection.
b. 
Collection. All refrigerators, freezers, air conditioners and items placed for collection containing or designed to contain refrigerant fluid shall be placed curbside no earlier than 5:00 p.m. on the day before the designated collection day and not later than 5:00 a.m. of the collection day. Before placing any refrigerator or freezer for collection, any doors must be fully removed. Refrigerators and freezers shall be placed for collection with the open side facing up.
c. 
Removal by Contractor. If someone other than the homeowner, tenant or resident shall remove an existing item containing refrigerant fluid from its premises, that person or entity shall be responsible for disposal of the item. In such cases, the item may not be placed at curbside for pick up by the Borough. The provisions of this paragraph shall not apply to items which have been placed for collection by the owner, tenant or resident of residential property who has performed the work himself or herself.
d. 
Removal Permit. Prior to placing any item referred to in this subsection at curbside for collection, the owner, tenant or resident of the premises shall complete a form provided by the Borough offices, and pay the required fee, in order to obtain a removal permit. Such permit shall be affixed to the item to be removed by the Borough.
e. 
Permit Fee. The fee for obtaining a removal permit shall be fifty ($50.00) dollars per item.
f. 
Enforcement. This subsection shall be enforced by the Highlands Police Department or the Highlands Code Enforcement Officer.
g. 
Penalties. The penalty for violating any section of this subsection shall be as prescribed in subsection 3-7.12.
[Ord. O-10-6; Ord. No. O-2017-09]
a. 
Violations or noncompliance with any of the provisions of this section, or the rules and regulations promulgated hereunder, shall be subject to a fine of not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars.
b. 
Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
c. 
Fines levied and collected in municipal court pursuant to the provisions of this section shall be deposited into the municipal recycling fund. Monies in the municipal recycling trust fund shall be used for the expenses of the municipal recycling program.
[Ord. O-10-6; Ord. No. O-2017-09]
a. 
Purpose. The purpose of this subsection is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Highlands and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Highlands or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, add the following: MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c. 
Prohibited Conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must insure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm system(s) operated by the Borough of Highlands.
d. 
Exceptions to Prohibition.
1. 
Permitted temporary demolition containers.
2. 
Litter receptacles (other than dumpsters or other bulk containers).
3. 
Individual homeowner trash and recycling containers.
4. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
5. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
e. 
Enforcement. This subsection shall be enforced by the Police Department and/or the Code Enforcement Officer of the Borough of Highlands.
f. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed two thousand ($2,000.00) dollars.
[Ord. 0-89-23, S 1; Ord. No. O-2017-09]
BULK GARBAGE
Shall mean appliances, and debris which is not ordinarily generated as household garbage or which may now or in the future be excluded by the Monmouth County Reclamation Center as acceptable residential type garbage.
[Ord. 0-89-23, S 1; Ord. 0-98-08; Ord. 0-99-17; Ord. O-05-10; Ord. O-07-17; Ord. O-07-29; Ord. No. O-2017-09]
a. 
Schedule. Bulk garbage shall be collected by a contracted hauler selected by the Borough.
b. 
Additional Regulations.
(a) 
Schedule.
(1) 
There shall be four (4) pickups annually in March, June, September and December in accordance with the schedule set for the particular zone. Four (4) large items or the equivalency of four (4) cans can be collected. Classification of Zones are available on the official Borough of Highlands website and will be available upon request at Borough Hall.
(2) 
Zone 1 - The first (1st) Friday of the month. Zone 2 - The second (2nd) Friday of the month. Zone 3 - The third (3rd) Friday of the month. Zone 4 - The fourth (4th) Friday of the month.
(3) 
Materials collected cannot exceed five (5) cubic yards (determined by the sanitation driver) for each pickup.
(4) 
Appliances shall not be placed at the curb before 5:00 p.m. on the day before the scheduled pickup. Doors must be removed from refrigerators prior to placement at the curb.
(5) 
Bulk debris shall not be placed at the curb for collection until 5:00 p.m. the day preceding the scheduled collection date.
(6) 
Notwithstanding the above, appliances containing refrigerants will not be scheduled for pickup unless permit stickers are first obtained from Borough Hall. A fee of fifty ($50.00) dollars will be assessed for each such sticker.
(7) 
Notwithstanding the above, all construction debris (including carpets and tiles) regardless of whether generated by a homeowner or contractor, will not be collected by the Borough, and must be removed by a duly licensed private hauler.
(8) 
Every property owner, including landlords, shall be entitled to two additional annual bulk garbage collections upon payment of a fifty ($50.00) dollar appointment fee per collection, provided that the materials collected do not exceed two (2) items or two (2) cubic yards, whichever is the lesser.
[Ord. No. O-2017-09]
Brush and branches are scheduled to be picked up by zone during the following months: April, May, September, October and December. Brush and branch placement is permitted to be placed a maximum of five (5) days prior to pickup. All brush is to be placed at least ten (10) feet from any storm drain, inlet or stream. Further, all brush is to be placed at least twenty-five (25) feet from any intersection. Branches are to be bundled, not longer than forty-eight (48) inches or greater than four (4) inches in diameter. Additionally, residents are permitted to bring brush and branches to the recycling yard. Proof of residency is required to bring brush and branches to the recycling yard and no commercial entities are permitted to bring brush and branches to the recycling yard.
Zone 1 — The first (1st) Friday of the month.
Zone 2 — The second (2nd) Friday of the month.
Zone 3 — The third (3rd) Friday of the month.
Zone 4 — The fourth (4th) Friday of the month.
Classification of Zones are available on the official Borough of Highlands website and will be available upon request at Borough Hall.
Brush and branches will only be picked up during the months listed above. Additional pickups will not be granted.
[Ord. No. O-2017-09]
Leaves are scheduled to be picked up by zone during the following months: October, November and December. Leaves are permitted to be placed a maximum of five (5) days prior to pickup. Leaves must be left out loose and placed by the curb. All leaves are to be placed at least ten (10) feet from any storm drain, inlet or stream. Further, all leaves are to be placed at least twenty-five (25) feet from any intersection. Residents are permitted to bring leaves to the recycling yard. Proof of residency is required to bring leaves to the recycling yard and no commercial entities are permitted to bring leaves to the recycling yard.
Zone 1 — The first (1st) Friday of the month.
Zone 2 — The second (2nd) Friday of the month.
Zone 3 — The third (3rd) Friday of the month.
Zone 4 — The fourth Friday of the month.
Classification of Zones are available on the official Borough of Highlands website and will be available upon request at Borough Hall.
[Ord. 0-89-23, S 1; Ord. No. O-2017-09]
No person or entity shall at any time place or cause to be placed for collection by the contracted hauler selected by the Borough any of the following:
Tires, car batteries, paints or any hazardous materials as defined by the Monmouth County Reclamation Center. Household batteries are accepted with household trash.
[Ord. 0-89-23, S 1; Ord. No. O-2017-09]
No person shall place or cause to be placed any bulk garbage for collection by the contracted hauler selected by the Borough except in accordance with the schedule contained in section 3-7A.2 hereof.
[Ord. 0-89-23, S 1; Ord. No. O-2017-09]
Any person or entity violating the provisions of this section shall be subject to a fine of not more than five hundred ($500.00) dollars.
[Ord. O-09-26; Ord. No. O-2017-09]
a. 
The Borough of Highlands shall collect four receptacles, not to exceed forty (40) pounds in weight each, for the removal of garbage, trash and refuse from business or commercial establishments. The collection of garbage beyond the four (4) receptacles per pickup shall be the responsibility of the owners and occupants thereof to provide for private collection of garbage, trash and refuse and to comply with all applicable Federal, State and Borough laws, rules and regulations regarding such collection. All businesses and commercial establishments shall also be entitled to four (4) receptacles of forty (40) pounds in weight each for recycling as required by law. The remaining recycling must be disposed of by the owner or occupant of the establishment through private collection to comply with all applicable Federal, State and Borough laws, rules and regulations regarding such collection.
b. 
For purposes of this subsection, businesses and commercial uses shall be designated as any business or commercial operation having a mercantile license issued under subsection 4-9.1 of the Revised General Ordinances of the Borough of Highlands.
[Ord. O-08-17, § 1; Ord. No. O-2017-09]
a. 
The Borough of Highlands shall collect garbage, trash and refuse from business or commercial establishments as set forth in subsection 3-7A.6. All businesses and commercial establishments shall also provide for recycling as required by law.
b. 
Collection of recyclable material for business and commercial premises shall be two (2) times per month on the same schedule as set forth in subsection 3-7.5. Collection will be performed on the routes indicated on the Borough map. Classification of Zones are available on the official Borough of Highlands website and will be available upon request at Borough Hall. There will be no collection of recyclable material on the fifth week of any month in the calendar year. Any additional collection of recyclable material required by businesses and commercial premises shall be the responsibility of the occupants and owners thereof to provide for such additional collection.
c. 
For purposes of this section, businesses and commercial uses shall be designated as any business or commercial operation having a mercantile license issued under subsection 4-9.1 of the Revised General Ordinance of the Borough of Highlands.
As used in this section, the following terms shall have the meanings indicated:
QUALIFIED PRIVATE COMMUNITY
Shall mean any residential condominium, cooperative, fee simple community, or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a community trust or other trust device, condominium association, homeowners' association, or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered an association. No proprietary campground facility, as defined in N.J.S.A. 45:22A-49, shall be considered to be an association.
QUALIFIED STREET
Shall mean a street or road located within a qualified private community and providing access to driveways or parking areas within that qualified private community; provided, however, that in no event shall areas used primarily as parking areas or parking lots be considered qualified streets.
QUALIFIED STREETLIGHT POLE
Shall mean those poles providing streetlighting which are located on or near qualified streets and which provide lighting for qualified streets. Streetlighting poles providing lighting for areas primarily used as parking lots shall be excluded from the definition of "qualified streetlight pole."
REIMBURSABLE SNOW/ICE REMOVAL COSTS
Shall mean cost incurred by the qualified private community for the removal of snow and ice from the roads and streets located on the qualified private community property, where the Borough of Highlands did not supply snow removal. Reimbursement shall not exceed the cost that would have been incurred by the borough in providing snow/ice removal services directly.
a. 
The Borough of Highlands shall provide the following services within a qualified private community in the same fashion as it provides these services on public roads and streets:
1. 
Streetlighting of Qualified Streetlight Poles.
(a) 
The borough shall provide streetlighting to the extent of payment for the electricity required for the operation of such poles, but shall not be responsible for the installation or maintenance of lamps, standards, wiring or other equipment.
(b) 
For purposes of providing streetlighting services, any qualified private community, through its homeowners' association, shall transfer billing of qualified streetlight poles from the qualified private community to the borough, and the borough shall assume liability for payment of lighting said poles from the date when the power company providing electric service revises its billing records.
2. 
Snow and Ice Removal.
(a) 
The borough shall provide the qualified private community with snow and ice removal services in lieu of paying reimbursement to the qualified private community for such service. If the borough elects to terminate any such service after it has been provided, the qualified private community shall be given advance written notice. The borough shall not be obligated to pay reimbursement to the qualified private community for any costs incurred by the qualified private community for any services while the same services are being provided by the borough. If the borough elects to provide any service, the qualified private community shall pay the cost of any insurance riders required by the borough to enable borough vehicles to operate on the qualified private community's private roads and streets, consistent with N.J.S.A. 40:67-23.4.
(b) 
The Borough may choose instead to provide annual reimbursement to any qualified private association for its reimbursable costs for snow and ice in the amount of 100 percent of the costs as detailed below:
(1) 
The borough shall not be obligated to pay reimbursement to a qualified private community for any service for which the costs incurred by the qualified private community for which reimbursement is sought exceeds the cost that would have been incurred by the borough in providing the particular service directly. This limitation shall be calculated and applied as follows:
[a] 
Following the close of each budget year, the borough will determine the annual cost incurred by the borough for snow and ice removal. Based upon those figures, the borough will determine the annual cost for each such service in accordance with this chapter.
[b] 
The annual borough cost for snow and ice removal shall be divided by the total linear miles of all public streets owned and maintained by the borough to produce the annual unit cost for snow removal. The annual unit cost for snow and ice removal shall be multiplied by the total linear miles or roads within the qualified private community, to produce the annual reimbursement cost ceiling for snow and ice removal services.
[c] 
Requests by the qualified private community for payment of reimbursement under this section shall be processed pursuant to the following procedure:
[1] 
The qualified private community shall submit a voucher signed by an authorized officer of the qualified private community's homeowners' association with each request for payment, using voucher forms to be provided by the borough.
[2] 
The borough will review the underlying documentation to determine whether the requested reimbursement is consistent with and authorized by this section. The borough will disallow any excess amount or unauthorized portion of the reimbursement request.
[3] 
Vouchers shall be submitted on an annual basis following the end of the snow removal season for which reimbursement is requested, but in no event later than September 15. Each voucher shall be accompanied by copies of invoices, payment receipts and other appropriate documentation, which demonstrates to the satisfaction of the borough that all costs constitute reimbursement costs and that the qualified private community has incurred all costs during the applicable reimbursement period. Vouchers shall not be processed for payment by the borough if they do not conform with these requirements. In that event, the qualified private community will be given notice and the opportunity to provide additional requested documentation and/or otherwise cure any nonconformity with these submission requirements.
[4] 
After making such determination, the reimbursement amount (less any disallowed amount) for snow and ice removal will be reduced by the borough if it exceeds the applicable reimbursement cost ceiling, as calculated pursuant to the foregoing provisions.
[5] 
Following formal approval of a reimbursement request, payment shall be issued in accordance with routine borough procedures.
b. 
General Provisions; Limits upon Borough's Obligations; Accounting by Qualified Private Communities; Required Agreements.
1. 
In accordance with N.J.S.A. 40:67-23.2 et seq., unless otherwise provided herein, the borough shall not be obligated or required to operate any municipally owned or leased vehicles or other equipment, or to provide any of the services enumerated in this section, upon, along or in relation to any road or street in any qualified private community which either is not accepted for dedication to public use, or does not meet all municipal standards and specifications for such dedication, except for width.
2. 
In all cases where the borough reimburses a qualified private community in lieu of providing services directly under this section, the qualified private community shall provide an accounting of the use of the money paid over to it by the borough, and for the refunding to the borough of any payments in excess of the amounts actually expended or contractually committed by the qualified private community, during the accounting period in order to provide the services for which reimbursement is provided.
3. 
Insurance Requirements.
(a) 
The qualified private community is required by statute to pay the cost of any insurance riders or increased insurance costs incurred by the borough, and the qualified private community shall pay such costs in order for the borough to provide any snow and ice removal services.
(b) 
Any policy of insurance obtained by the borough for these services shall provide, as a minimum, the following coverage amounts: one million ($1,000,000.00) dollars liability coverage; five hundred thousand ($500,000.00) dollars property damage coverage.
(c) 
The cost of liability and property damage premiums for the amounts set forth above shall be apportioned among those qualified private communities electing to have the borough provide services in the same proportion as the length of each electing qualified private community's qualified streets are to the total length of all the qualified streets in the electing qualified private communities.
(d) 
As the premiums for such coverage may be adjusted from time to time by the insurance carrier, so also shall the proportionate shares of the electing qualified private communities. Upon receipt of the premium notice, the borough administrator or authorized designee shall send notice to each electing qualified private community, by regular mail, advising of the amount due and the date payment is required. Failure to pay its share of the premiums in a timely manner shall subject the electing qualified private community to removal from the group of electing qualified private communities receiving services. In the event of removal, the removed qualified private community shall then be eligible for reimbursement in the manner set forth in this subsection.
4. 
Agreement. In order to qualify for snow and ice removal services, reimbursement for snow and ice removal services or payment for qualified streetlighting, the homeowners' association for the qualified homeowners' association must enter into an agreement with the borough incorporating the terms and conditions of this subsection.
As used in this section:
a. 
MOTOR VEHICLE – Shall mean automobile, omnibus, road tractor, trailer, truck, truck-tractor and vehicle as defined in R.S. 39:1-1.
b. 
ABANDON – Shall mean, with respect to public streets, public highways and public property, any motor vehicle which:
1. 
Is parked without the current year's registration or identification markers as required by law.
2. 
Is so disabled as to constitute an obstruction to traffic and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic.
3. 
Is found to be mechanically inoperative.
4. 
Is found without one or more tires.
c. 
ABANDON – Shall mean, with respect to private property, any motor vehicle which:
1. 
Is parked out of doors without the current years' registration or identification markers as required by law.
2. 
This provision shall not apply to those circumstances where;
(a) 
A car is held for sale for a period of 30 days or more during any one 365 day period unless extended by permit from the code enforcement officer after payment of the applicable fee.
(b) 
Automobiles are being held for repair for a period not to exceed 90 days, unless extended by permit from the code enforcement officer after payment of the applicable fee.
(c) 
Automobiles awaiting appraisal as a result of an insurance claim.
3. 
A permit may be issued by the code enforcement officer for an extension of the 90 day period of this section upon written application and acceptance of same upon the payment of the following fee:
(a) 
30 day extension permit: $100.00.
[Amended 8-19-2020 by Ord. No. O-20-18]
(b) 
Additional 30 day extension permit: $100.00 per day. No extension shall be granted past 60 days.
[Amended 8-19-2020 by Ord. No. O-20-18]
It is unlawful to abandon a motor vehicle on any public street or highway of the borough or on any property which is owned, leased, or maintained by the borough or to abandon, permit or suffer the abandonment of any motor vehicle on any private property unless garaged.
Whenever any member of the borough police department finds any motor vehicle abandoned on any public street, public highway or public property, he shall take possession by removing it to such place as may be designated by the chief of police or by securely placing a written notice on the motor vehicle which states that the borough police department has taken possession and that the motor vehicle shall be removed from the public street, public highway or public property. Such taking of possession shall be reported immediately to the Director of the New Jersey Motor Vehicle Commission on a form prescribed by the director for verification of ownership.
When the motor vehicle is removed to a place designated and remains unclaimed by the owner or other person having a legal right thereto for a period of 30 days, the same may be sold at a public auction. When possession taken by placing a written notice on the motor vehicle and it remains unmoved from the public street, public highway or public property for a period of 30 days, the car may be sold at a public auction.
The borough police department shall give notice of sale by certified mail to the owner if his name and address is known and to the holder of any security interest filed with the Director of the New Jersey Motor Vehicle Commission and by publication on a form to be prescribed by the director by one insertion at least five days before the date of sale, in one or more newspapers published in this State and circulating in the borough.
At any time prior to sale, the owner or other person entitled thereto may reclaim possession of the motor vehicle upon payment of the reasonable cost of removal and storage and any fine or penalty and court costs assessed against him for a violation which gave rise to the seizure or taking possession of the vehicle.
If the borough police department shall, in its report to the Director of the Division of Motor Vehicles, certify on an application prescribed by the director that such motor vehicle is incapable of being operated safely or of being put in safe operational condition except at a cost in excess of the value thereof, the division shall without further certification or verification issue to the borough for a fee of one ($1.00) dollar a junk title certificate with a proper assignment which shall be assigned and delivered to the purchaser of the vehicle at public sale.
Upon the sale of any motor vehicle for which no junk title certificate is issued, the borough shall execute and deliver to the purchaser an application for certificate of ownership prescribed by the Director of Division of Motor Vehicles as provided for in R.S. 39:10-15, which shall also contain the name and address, if known, of the former owner. The application shall be for issuance of a certificate of ownership for a fee of two ($2.00) dollars.
Upon the sale of a motor vehicle, all claims of interest therein shall be forever barred and the proceeds received therefrom after payment of the expenses of possession and sale shall be remitted to the borough treasury as its sole property.
For violation of any provision of this chapter, any other chapter of this revision, or any other ordinance of the borough where no such penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding two thousand ($2,000.00) dollars, or imprisonment for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
For a violation of an ordinance pertaining to unlawful solid waste disposal, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding two thousand five hundred ($2,500.00) dollars or a maximum penalty by a fine not exceeding ten thousand ($10,000.00) dollars. (N.J.SA. 40:49-5)
Except as otherwise provided, each and everyday in which a violation of any provision of this chapter, or any other ordinance of the borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
The borough council may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars. (N.J.SA. 40:49-5)
The mayor and council specifically find that far too many minors are committing breaches of the public peace, which in significant part, is occasioned by a failure of the parents of the minor. Although the existing statutes do afford a means to alert parents to their responsibilities to both the minor and society in general, it is the considered opinion and legislative judgment of council that further legislation is necessary to accomplish effective parental control and supervision. This section, pursuant to R.S. 40:48-1, is intended to fill this void.
a. 
VIOLATION OF THE PUBLIC PEACE – Shall be defined as including any of the following acts:
1. 
Defacing, damaging or destroying public property or the private property of another within the borough.
2. 
Committing an assault or assault and battery upon another in the borough.
3. 
Consuming or possessing alcoholic beverages in a public place in the borough.
4. 
Breaking and entering or entering without breaking into the property of another with the intent to steal.
5. 
Threatening another with the intention of extorting money or anything of value.
6. 
Possession or use of a controlled dangerous substance, as shall be defined under Title 24, Revised Statutes of New Jersey.
7. 
Juvenile delinquency based upon any of the above offenses.
b. 
PARENT – Shall be defined to include either or both parents of a minor, the legal guardian of such minor or any other person having the care or custody of the minor committing the violation of the public peace. However, the term "parent" shall not apply to parents, legal guardians or other persons whose custody and control over such minor has been removed by court order, decree or judgment or military service or marriage of such minor.
c. 
MINOR – Shall mean any person under the age of 18 years.
No person shall assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace as defined herein, either by overt act, by failure to act or by lack of supervision and control over the minor.
If a minor is apprehended and convicted of a violation of the public peace, the chief of police or any other person in charge of the police department, or his designated agent, shall forthwith serve written notice of the act and conviction on the parent. If at any time within 180 days of the giving of such notice, the minor shall again be charged and thereafter be subsequently convicted of the same classification of a violation of the public peace, it shall be rebuttably presumed that the parent allowed, permitted or suffered the minor to commit a violation of the public peace.
Any parent who shall violate the terms of this section shall upon conviction thereof, be subject to punishment by a fine not exceeding five hundred ($500.00) dollars, in the discretion of the court.
The remedy provisions of this section shall be cumulative, not exclusive, and the State or any other person shall have the right to proceed under any other legally available remedies.
In order to prevent the creation of a nuisance on Marine Place from Snug Harbor Avenue to Seadrift Avenue the following rules and regulations are hereby promulgated:
No fishing shall be permitted from the bulkhead of Marine Place between 10:00 p.m. and 7:00 a.m. prevailing time.
No camping shall be permitted on Marine Place at any time.
No littering shall be permitted on Marine Place at any time.
The consumption of alcoholic beverages shall be prohibited on Marine Place on any time.
No radios shall be permitted at any time.
No person shall consume or possess in any open container, bottle, can, glass, cup or any other manner any alcoholic beverage upon any street, sidewalk, approach, step, beach, in any automobile, truck, van, or any other vehicle, either being driven upon the streets within the borough or parked or stopped upon any street, garage, parking lot or alley within the borough or in any public building, public place, except in those establishments where alcoholic beverages are sold for on premises consumption or within any private meeting hall when entrance is restricted to members and their guests.
The Borough of Highlands has heretofore acquired and dedicated lands to be used as public parks within the borough for the purpose of beautifying the borough and providing public areas for use and enjoyment. It is necessary for the public interest, convenience, safety and proper enjoyment of the parks; for the proper maintenance and preservation of the parks; and for the general safety and welfare of the area surrounding the parks to make certain rules and regulations in connection with the use of same.
No person shall be permitted in any public park within the borough from dusk to dawn. Groups of ten or more persons shall be required to obtain a permit from the borough administrator for usage of the park at any time from dusk to dawn. "Group" shall be defined as any assemblage of persons in the same activity regardless of whether each member of the assemblage belongs to the organization comprising the subject group. Permits shall be limited to three hours in duration, unless the borough administrator finds that a longer period of time is in the public interest.
Application for the permit must be made in writing and shall be presented to the borough clerk.
The permit will be issued without cost after approval by the borough administrator according to the following terms and conditions:
a. 
Applicant must be a non-profit organization engaged in a general public endeavor.
b. 
The application must state the hours during which the applicant seeks the park to remain open, the specific function to be held during those hours which function must be for the purpose of promoting the public interest or rendering a service to the community, and the names of two responsible, adult individuals who will be responsible for noise abatement and traffic control during said hours.
The penalty for violation of this section shall be a fine not exceeding fifty ($50.00) dollars.
Public parks shall be defined as all park areas designated within the borough's Green Trust inventory, any areas designated as a public park by the borough, and shall further include the area of land 20 feet in width between the northerly line of Marine Place and the bulkhead of Sandy Hook Bay and extending the entire length from the westerly line of Snug Harbor Avenue to the easterly line of Seadrift Avenue. All public beaches maintained and operated by the Borough of Highlands shall be considered public park areas within the meaning of this definition.
The above described lands shall be subject to all of the regulations and provisions of Section 3013 of the Public Ordinances of the Borough of Highlands.
No person shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, pavings or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
No person shall dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means.
No person shall construct or erect any building, tent or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon, or across such lands, except on special written permit issued hereunder.
No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.
No person shall have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.
[Ord. 0-95-13, § 8; Ord. 0-01-15; Ord. 0-02-06; Ord. 0-02-18]
No person shall drive any automobile, moped, motorized bicycle, go-ped, all terrain vehicles (ATV's) or other motorized vehicles, airplanes of any type or size, or gliders nor use any skates, skateboards, or bicycle (or tricycle), in or on any public park area or beach (including riparian beaches and areas) except the paved park roads or parking area, or such areas as may on occasion be specifically designated as temporary areas by the mayor and council.
a. 
Prohibits Means of Conveyance, and Dogs from Parks and Roads Closed During Special Events. When a special event which has been approved by a resolution of the mayor and council is held in a public park including public streets which are closed off during the event, then, in addition to the prohibitions above, no person shall drive any of the above specified means of conveyance or have, possess, control, allow, permit or suffer the presence of any dog(s) which he owns or is responsible for anywhere in the park, including paved areas where such use would otherwise be permitted and including public streets which are closed off during the event, for a period beginning 12 hours before and continuing until 12 hours after the conclusion of said special event, provided, however, in order to enforce this provision a sufficient number of signs shall be placed specifying the date and time of the prohibition of said means of conveyance and dogs.
b. 
Prohibits Use of Skateboards and Inline Skates (Roller Blades) in Parks. The use of skateboards and in-line skates (roller blades) in all public park areas as defined in subsection 3-13.5 Public Park Areas of this chapter is hereby prohibited at all times.
[Ord. 0-95-13, § 9]
No person shall park a vehicle in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and with the instruction of any attendant who may be present.
[Ord. 0-95-13, § 10; Ord. No. O-2016-25]
To the extent not otherwise regulated or prohibited by Chapter 7, Section 7-3 of the Borough Code, including subsection 7-3.4 Schedule I and subsection 7-3.6 Schedule IA, vehicles shall be permitted to park in the established or designated parking areas of the public parks and public beaches that are maintained and operated by the Borough between the hours of 5:00 a.m. and 10:00 p.m.
[Ord. 0-95-13, § 11]
Picnicking shall be permitted only in those areas designated by the borough. No person or group shall picnic in any area that is not a designated picnic area without a permit issued by the borough. Groups of ten or more persons must obtain a permit from the borough administrator prior to picnicking in any portion of any park or recreation area.
[Ord. 0-95-13, § 12]
No person shall set up any tent, shack, or any other temporary shelter for the purpose of overnight or temporary camping, nor shall any person leave in a park during or after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camp wagon or the like.
While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner and in particular, no person shall do the following:
a. 
Possession or Consumption of Alcoholic Beverages. No person shall possess or consume alcoholic beverages, or any controlled, dangerous substance as defined by the New Jersey Statutes, in any park or recreation area. No person shall be permitted within any park or recreation area while under the influence of any alcoholic beverage or controlled dangerous substance as defined by the New Jersey Statutes. The mayor and council, however, may issue a permit designating a specific area where alcoholic beverages may be consumed in connection with a specific event.
b. 
Domestic Animals Prohibited. With the exception of the public land located at Block 114 Lot 3.02 (Shore Drive) no person shall bring a dog or other domestic animal into the park. The provisions of subsection 5-7.6 Leashing of Dogs and Section 5-12 Soiling and Defecating—Domestic Animals shall at all times apply to the use of Block 114 Lot 3.02 (Shore Drive) and Block 8 Lot 2 (South Bay Avenue) by any person or domestic animal.
c. 
Begging. No person shall solicit alms or contributions for any purpose, whether public or private, without a permit having been given by the borough.
d. 
Fires Unlawful. No person shall build or attempt to build a fire. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material within any part or on any highways, roads, or streets abutting or contiguous thereto.
e. 
Failure to Heed Posted Notices. No person shall enter an area posted as "Closed to the Public," nor shall any person use, or abet in the use of, any area in violation of posted notices.
f. 
Disorderly Conduct. No person shall sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct or behavior tending to breach the public peace.
g. 
Failure to Produce Permit Upon Request. No group or member of a group shall fail to produce and exhibit any permit issued by the borough which a person claims to possess upon request of any authorized person who shall desire to inspect the permit for the purpose of enforcing compliance with any statute, ordinance, rule, or regulation.
h. 
Disturbance of Persons Occupying any Area under a Permit. No person shall disturb or interfere unreasonably with any person or party occupying any areas or participating in any activity under the authority of a permit.
i. 
Sale of Goods Unlawful; Exception. No person shall expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale, or display of any such article or thing. An exception is hereby made as to any regularly licensed concessionaire, charitable group, or nonprofit organization acting by and under the authority of a permit issued by the borough.
j. 
Utilize the park or recreation area for any purpose from dusk to dawn, unless said activity has been approved in advance by the governing body.
Any section or part of any park or recreation area may be declared closed to the public by resolution of the mayor and council at any time, and for any interval of time, either temporary, or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the mayor and council shall find reasonable and necessary.
The mayor and council shall have the authority to revoke any permit upon a finding of violation of any statute, resolution, rule or ordinance, or upon good cause shown. Summary revocation of a permit shall be authorized by a majority vote of the mayor and council, provided a full hearing on the revocation of the permit is scheduled no later than the next regular meeting of the mayor and council.
a. 
Time of Operation. The Skateboard facility shall be open during the following hours:
Saturday between 10:00 a.m. until 8:00 p.m. or dusk whichever is earlier
Sunday between 12:00 p.m. until 5:00 p.m.
Weekdays (school year) 2:00 p.m. until 7:00 p.m. or dusk whichever is earlier
Weekdays (non-school year) 10:00 a.m. until 8:00 p.m. or dusk whichever is earlier
b. 
Definitions. The following terms used in this section shall have the following meanings:
ROLLER SKATES OR ROLLER BLADES
Shall mean a pair of devices normally worn on the feet with a set of wheels attached regardless of the number or placement of those wheels and used to glide or propel the user over the ground. Devices commonly known as "roller blades" are intended to be included with this definition.
SKATEBOARD
Shall mean a device made of material designed primarily to be stood upon, with a set of wheels attached, regardless of the number or placement of those wheels and used to glide or propel the user over the ground, sidewalk or other pavement. It includes skateboards that are motorized. It also includes skateboards, or similar devices, with a handle commonly referred to as "scooters" or "razor boards."
SKATE PARK
Shall mean the Borough-owned skate park at the Community Center parking area and any subsequent skate park erected or acquired or areas designated by the borough for skateboarding and/or roller blading.
TRASH
Shall mean debris from food or drink that is brought into the park area.
c. 
Helmet Required. No person shall operate or ride upon a skateboard, roller skates or roller blades on any property open to the public unless that person is wearing on his/her head a properly fitted and fastened safety helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing and Materials (ASTM) helmet standard or other such standard, as appropriate.
d. 
Prohibited Manner of Operation. No person shall operate, or cause to be operated, any skateboard, roller skates, roller blades or the like in a reckless or hazardous fashion or in a manner creating interferences with pedestrian traffic or vehicular traffic, nor shall such person hold onto a motor vehicle or bicycle while such motor vehicle or bicycle is in motion.
e. 
Use of the Borough of Highlands Skate Park.
1. 
All persons, regardless of age, must wear on his/her head a properly fitted and fastened safety helmet, properly fitted and fastened knee pads and elbow pads which meet the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing and Materials (ASTM) helmet standard or other such standard, as appropriate.
2. 
All persons using the skate park must abide by all rules and regulations adopted by the Mayor and Borough Council by resolution or by ordinance.
3. 
All persons using the skate park must abide by all posted rules and regulations.
4. 
All persons using the skate park must abide by all directions, commands or orders of any police officer or borough official.
5. 
Use of bicycles on skateboard equipment or ramps is strictly prohibited.
6. 
All trash brought into the park by its users will be taken with them when they leave the park or deposited in the appropriate receptacles which will be provided by the borough. Failure by the users to police the park for trash may result in the closing of the park for 48 hour periods.
f. 
Notification of Parent, Guardian, Adult. Notwithstanding any other action, which a law enforcement office is authorized to take upon probable cause to believe a minor has violated this section, the officer shall cause the minor's parent, guardian or other adult in the minor's household to be notified of the situation and shall request that the parent, guardian or other adult respond to headquarters to take custody of the minor. The Highlands Police Department shall also have 30 days from the date of the violation to determine if a complaint will be signed under this section or other applicable law.
g. 
Violations. Any person violating the provisions of this subsection shall, upon conviction, be punished by:
1. 
A fine not to exceed one hundred ($100.00) dollars; and/or
2. 
A sentence of community service of not more than 30 days; and/or
3. 
Removal from the skate park for a period of time not to exceed 14 days on the first offense, 30 days on the second offense and indefinitely at the discretion of the judge on any subsequent offenses.
No child under the age of 18 years shall be upon any of the public streets, highways, alleys, parks or other public places of the Borough of Highlands, either on foot, or in or upon any type of conveyance, unless such child is accompanied by his or her parent, guardian or other person having the legal care or custody of such child, or whose legal recognized employment makes it necessary for such child to be in or upon said public streets, highways, alleys, parks or other public places, between the hours of 10:00 p.m. and 6:00 a.m. in which case such child shall carry written authorization of the employer, counter-signed by the chief of police or his designee, or a written authorization of the child's parent, guardian, or other person responsible for the child.
a. 
Notwithstanding the above, on Halloween Night, and Halloween Eve (commonly referred to as "Mischief Night"), no child under the age of 18 years shall between the hours of 8:00 p.m. and 6:00 a.m. be upon any of the public streets, highways, alleyways, parks or other public places of the Borough of Highlands, without carrying the aforesaid written authorization, counter-signed as required above.
It shall be unlawful for any parent, guardian or other adult person having custody or control of a minor child under the age of 18 years to knowingly permit such minor to be in such public or quasi-public places described in subsection 3-14.1 of this section between the hours of 10:00 p.m. and 6:00 a.m.
The provisions of this section shall not be applicable to any minor under the age of 16 years during the time necessarily required for such minor to travel from:
a. 
A place of employment at which such minor may be gainfully employed; or
b. 
A school or place of instruction at which such minor may be in bona fide attendance; or
c. 
A place at which a function may be held that shall be, or had been sponsored by a religious, school, civic, or other properly supervised event or program; or
d. 
A place at which a bona fide, supervised, social meeting, gathering or assemblage had taken place, to his residence.
Any person or persons found guilty of violating any of the provisions of this section shall be punished by a fine not exceeding two hundred ($200.00) dollars, or by imprisonment in the county jail, for a term not exceeding 90 days, or both, in the discretion of the municipal judge of the Borough of Highlands.
[Ord. O-89-26, SS 1—5; Ord. O-98-07]
a. 
In accordance with and pursuant to the authority of L. 1997 C 327 and C.44 (C.2C:35-7), the Drug-Free School Zone and a subsection of N.J.S. 2C:35-5 Drug-Free Public Building and Land Zone Map produced on or about April 27, 1998 by Schoor DePalma Municipal Engineers, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school and public purposes and which is owned by or leased to any elementary or secondary school or school board, or public organization and of the areas on or within 1,000 feet of such school property and on or within 500 feet to the real property comprising a public housing facility, a public park or a public building.
b. 
The Drug-Free Zones Map approved and adopted pursuant to paragraph a of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or a public building, or facility and real property of any nature appurtenant thereto until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property, drug-free school zones, public buildings and/or lands, and drug-free public areas.
c. 
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the borough engineer and the borough attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
d. 
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to paragraph a of this section, and to provide at a reasonable cost, a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the county clerk and to the office of the Monmouth County Prosecutor.
e. 
The following additional matters are hereby determined, declared, recited and stated:
1. 
It is understood that the map approved and adopted pursuant to paragraph a of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State Law, such map shall constitute prima facie evidence of the following:
(a) 
The location of elementary and secondary schools within the municipality;
(b) 
The boundaries of the real property which is owned by or leased to such schools or a school board;
(c) 
That such school property is and continues to be used for school purposes, and
(d) 
The location and boundaries of the areas which are on or within 1,000 feet of such school property;
(e) 
The location of public housing facilities, public parks and public buildings;
(f) 
The boundaries of real property or public housing facilities, public parks and public buildings;
(g) 
That such property is and continues to be used for public purposes; and
(h) 
The location and boundaries of areas which are on or within 500 feet of public lands, property and housing.
2. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, C. 101 (C. 2C35-7).
3. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as public lands, buildings and housing was owned by the borough, county or state and used for public purposes as of 1992 that being the effective date of L. 1992. C.79 (C40A:12A-1 et seq. "Local Redevelopment and Housing Law.").
4. 
Pursuant to the provisions of 1. 1988 c. 44 and L. 1992 C.79 (C40A:12A-1 et seq.), a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to paragraph a of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or land used for public purposes, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such Property is not used for school purposes or public purposes.
5. 
All of the requirements set forth in L. 1997, C.327 and L. 1992 (C40A:12A-1 et seq.) and L. 1988 C 44 concerning the preparation, approval and adoption of a Drug-Free School Zone and a Drug-Free Public Zone Map have been complied with.
No person shall, within the limits of the borough, urinate or defecate upon any public street or way or upon any public or private property, except in toilet facilities.
Any person found guilty of violating the provisions of this section shall be punished by a fine of not less than five hundred ($500.00) dollars and not more than one thousand two hundred fifty ($1,250.00) dollars or by imprisonment in the County jail for a term not exceeding 90 days, or both, in the discretion of the municipal court judge of the Borough of Highlands.
a. 
No person shall quarrel, fight, brawl or otherwise engage in any unlawful or disorderly conduct, nor shall any person disturb the public peace and quiet. Such prohibitions shall apply to any public street, sidewalk, highway, boardwalk, road, alley or other public place in the borough.
b. 
No person shall obstruct the free passage of pedestrians or vehicles.
c. 
No person shall obstruct, molest or interfere with any person who is lawfully upon any public street, sidewalk, highway, boardwalk, road, alley or other public place.
The following violations shall be considered to be unlawful acts, and shall be considered a public nuisance:
a. 
The making of any indecent exposure or exhibition of any kind in or upon any street, avenue, road, highway, place, alley or lane, public or private.
b. 
The exposing to public view of a person's genitals, pubic hair, buttocks, anal region or pubic hair region.
c. 
The engaging in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the street or sidewalks, or the making of indecent gestures or acts likely to, or designed to, cause a confrontation or dispute.
d. 
Urinating or defecating in public places or streets, or on the yards or lawns of private homes and residences, or within the public view.
a. 
No person shall fire or discharge any firearm or cannon in, on or along or near any street, highway, sidewalk, park or other public place within the limits of the borough, except when expressly permitted by law.
b. 
"Firearm" shall be defined as any pistol, revolver, rifle, gun, air gun, pellet gun or BB gun.
c. 
No person shall discharge a BB gun or air rifle, or cast an arrow, upon any property without proper precaution, such as a backdrop, having been properly placed.
d. 
No person shall discharge a BB gun or air rifle, or cast an arrow off or across the property line upon which the person is present, or from or across any state, county, municipal or publicly traveled road, highway or right-of-way.
e. 
No person under the age of 18 years shall discharge a BB gun or air rifle, or cast an arrow, without having adult supervision.
Any existing ordinances which are inconsistent herewith are hereby repealed to the extent of any inconsistency. This section supersedes any prior existing ordinance.
Any violation of this section shall be subject to the penalties as set forth in section 3-9.
As used in this section:
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature.
a. 
Which advertises for sale any merchandise, product, commodity, or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or
d. 
Which, while containing reading matter, other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper fully entered with the Post Office Department of the United States in accordance with Federal statute or regulation, or a newspaper filed and recorded with any recording officer as provided by law; or, in addition thereto, shall mean and include any periodical or magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed matter or otherwise reproduced original or copies of any matter of literature not included in the definition of commercial handbill or newspaper.
PERSONS
Shall mean any person, firm, company, partnership, corporation or entity and/or the agents, servants or employees thereof who distribute, deliver or deposit or cause to be distributed, delivered or deposited any printed matter, other than by means of postal services, at any address in the borough.
PRIVATE PROPERTY OR PREMISES
Is any property not defined as a public place.
PUBLIC PLACE
Is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall distribute, throw, deposit or deliver any commercial or non-commercial handbill or newspaper in or on any public place within the borough provided, however, that it shall not be unlawful on any street, sidewalk, or other public place within the borough, for the person to hand out or distribute to the receiver thereof any handbill or newspaper to any person willing to accept it.
No person shall throw, attach or deposit any commercial or noncommercial handbill or newspaper in or on any vehicle, or any part thereof, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute to the receiver thereof a handbill or newspaper to any occupant of a vehicle who is willing to accept it.
a. 
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or on any private premises which are temporarily or continuously uninhabited or vacant.
b. 
No person shall throw, deposit, distribute or deliver any commercial or noncommercial handbill or newspaper on any private premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words "no trespassing" or "no peddlers or agents" or such notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left on their premises.
c. 
No person shall throw, deposit, distribute or deliver any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises. It is provided, however, that in case of inhabited private premises which are not posted as provided in paragraph b, such person unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises by attaching same to a permanent structure in a manner as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places, provided, however, that mailboxes may not be used when so prohibited by Federal postal law or regulations.
1. 
The provision of this paragraph shall not apply to the distribution of mail by the United States nor to newspapers except that newspapers shall be placed on private premises attached to a permanent structure in a manner as to secure or prevent them from being blown or drifted about the premises or sidewalks, streets, or other public places, provided, however, that mailboxes may not be used when so prohibited by Federal postal law or regulations.
Any person violating any subsection of this section shall, upon conviction, be liable to the fines and penalties established in section 3-9.
[1]
Editor's Note: Former § 3-19, Fire Zones aka Fire Lanes, was repealed 3-20-2019 by Ord. No. O-19-05. See now § 11-11.
The New Jersey Legislature has declared that the right of the nonsmoker to breathe clean air should supersede the right of the smoker to smoke in government buildings pursuant to N.J.S.A. 26:3D-46, and municipalities are empowered to so ordain pursuant to N.J.S.A. 26:3D-48.
The governing body has determined that its employees, residents and guests are entitled to a smoke-free workplace.
The governing body does hereby determine that smoking of tobacco in any form constitutes a fire and safety hazard and a nuisance in the municipal buildings of the Borough of Highlands, and requires the prohibition thereof.
As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL BUILDINGS
Shall mean owned or leased by the Borough of Highlands, including, but not limited to the borough hall, police department, current fire department, borough annex, community center, and borough garage. Any municipal buildings acquired hereafter shall be included in this definition.
SMOKING
Shall mean the burning, carrying or having in one's possession a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco.
Smoking is prohibited in all municipal buildings at all times.
Restrictions against smoking shall be posted in accordance with N.J.S.A. 26:3D-50 and any amendments thereto.
Any person violating any provision of this section shall, upon conviction thereof, be subject to a fine of twenty-five ($25.00) dollars.
This section may be enforced by the issuance of a summons to be heard in the municipal court, which summons may be issued by a policeman, the borough administrator, or any member of the public.
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Highlands, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
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.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property owned or operated by the Borough of Highlands, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
a. 
This section shall be enforced by the Code Enforcement Officer of the Borough of Highlands or other authorized officer.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars.
No person over the age of 18 who is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq. "Registration and Notification of Release of Certain Offenders," commonly identified as "Megan's Law," and has been classified as either a Tier 1, Tier 2 or Tier 3 Offender, shall be permitted to reside or otherwise live in an area within 1,000 feet of any public or private school, park, playground or day-care center in the borough.
This section shall not be deemed to apply to any such prohibited person/resident who is both a record title owner and occupant of their residence in a prohibited area as of the date of the adoption of this section.[1] Any other such prohibited person/resident residing within any prohibited area shall have 90 days from the effective date of this section, or upon the termination of any residential lease with a term not longer than one year entered into prior to the adoption of this section, whichever is later, to relocate outside of the prohibited areas established by this section. Failure to so relocate from prohibited areas shall constitute a violation of this section. No such prohibited person shall establish residency in a prohibited area after the adoption of this section.
[1]
Editor's Note: Ordinance No. O-06-01, codified herein as Section 3-22, was adopted February 15, 2006.
In addition to the foregoing, an area encompassing 150 feet in all directions from any facilities identified in subsection 3-22.1 shall be established and defined as an "Exclusion Zone." No person subject to the residency limitation specified in subsection 3-22.1 shall be permitted to stop, sit, stand or loiter within an "Exclusion Zone" for any period of time exceeding the amount of time reasonably necessary to engage in a legitimate activity within the "Exclusion Zone," and shall remain within said "Exclusion Zone" for only that period of time required to actually engage in that legitimate activity.
Any violation of this section shall be punishable by the penalties provided in section 3-9 of the Revised General Ordinances of the Borough of Highlands.
The provisions of this section shall be deemed to be severable. Therefore, if any provision, subsection, sentence, clause, phrase or portion of this section shall be deemed to be invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions of this section shall remain in full force and effect.
PORTABLE ON-DEMAND STORAGE STRUCTURES (HEREINAFTER "PODS®")
Shall mean any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.
a. 
PODS® may only be utilized as a temporary structure within the borough when the Borough Code Enforcement Officer has issued a permit, and in compliance with all other standards of this section. Any use of such structures within the borough not in compliance with this subsection shall be unlawful and subject to fines and penalties as permitted under this Code.
b. 
Applications for the permitted use of a portable on-demand storage structure may be obtained from the code enforcement officer, and the application shall be submitted when completed by the party requesting use of a portable on-demand storage structure on that form provided by the code enforcement officer to the code enforcement officer with a sketch showing the location of the trailer on the site and detailing the distance of trailers from other buildings, fire hydrants, fire department connections and/or utilities. The township will approve or reject within 72 hours of the completed application.
c. 
An application fee of twenty ($20.00) dollars shall accompany all applications for a permit.
a. 
Permits Issued by Code Enforcement Department/Police Department.
1. 
A permit issued pursuant to subsection 3-23.2 above shall be valid for a period of seven days after issuance and may be extended by application to the code enforcement subject to the discretion of the police department for additional seven day period, if necessary. The cost for each initial or renewal permit shall be twenty ($20.00) dollars.
2. 
Where a construction permit for the property has not been issued, a portable on-demand storage structure may be located as a temporary structure on property within the borough for a period not exceeding 30 days in duration from time of delivery to time of removal where exceptional circumstances exist.
3. 
Where a construction permit has been issued for the property, the portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding 90 days. Applications may be made for no more than three, 30-day extensions, if deemed necessary and appropriate by the code enforcement officer. In no event may a portable on-demand storage structure be located on property for a period in excess of 180 days in any twelve-month period.
b. 
Permits Issued by Borough Council. Extensions beyond the 180 days may be granted by the borough council. The property owner seeking said extension must apply to the council at least 30 days prior to the expiration of the last permit issued by the code enforcement officer.
a. 
All portable on-demand storage units shall be placed in driveways unless otherwise approved by the code enforcement officer, upon a showing of exigent circumstances, and upon compliance with all safety requirements imposed by the Uniform Traffic Safety Manual, and the Police Department of the Borough of Highlands.
b. 
No person shall park or leave an unattended POD on or along any street, highway or public property in the borough without having first obtained a permit from the Borough of Highlands Code Enforcement Officer subject to police department approval, upon a showing of exigent circumstances, and upon compliance with all safety requirements imposed by the Uniform Traffic Safety Manual, and the Police Department of the Borough of Highlands.
c. 
Failure to obtain permission for placement of such temporary structure shall subject to violator to the fines specified in subsection 3-23.5 set forth below. Each day that the structure remains without a valid permit shall constitute a separate violation of this section.
d. 
No applicant may place more than one portable on-demand storage structure on a specific lot and block within the borough at one time.
e. 
No portable on-demand storage structure located within the borough shall contain toxic or hazardous materials.
f. 
All PODS® are subject to periodic inspection by the Borough of Highlands Fire Marshal to insure compliance with all regulations applicable to PODS®, under federal and state law, local ordinances, health codes, and regulations promulgated pursuant thereto.
Any person, persons, corporation, or partnership that violates any provisions of this section shall be subject to a fine not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars.
Except where the borough has duly adopted a municipal zoning ordinance pursuant to N.J.S.A. 2C:34-2, no rehabilitation facility, business, center or club shall be operated by any individual, partnership, corporation, limited liability company, or other business entity within 1,000 feet of any existing rehabilitation facility, business, center or club, church, synagogue, temple or other place of public worship, or any school, school bus stop, municipal or county playground or place of public recreation or resort, or any child care center, hospital or area zoned for residential use.
Except where duly adopted ordinances of the Borough of Highlands establish greater buffer requirements, every rehabilitation facility, business center or club must be surrounded by a minimum perimeter buffer of 50 feet in width. The buffer shall be sufficient to impede the view of the interior of the subject premises and shall consist of a fence, or plantings or other physical divider installed along the outside of the perimeter.
No more than two exterior signs, one sign for identification and one sign giving notice that the premises are off limits and no minors shall be permitted on the premises shall be approved per business establishment. All signs shall conform with the duly adopted sign ordinance requirements of the municipality, where specified. In no event, however, shall the identification sign exceed 40 square feet.
Any rehabilitation facility, business center or club already lawfully in operation on the effective date of this section, which is located within 1,000 feet of any facility described in subsection 3-24.1 above shall not be subject to enforcement or penalty provisions of subsection 3-24.5 of Chapter 3 of the Ordinances of the Borough of Highlands.
[Ord. O-07-22]
Any person, persons, corporation, or partnership that violates any provisions of this section shall be subject to a fine not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars, for each day the violation persists.
[Ord. O-07-19]
Except where the borough has duly adopted a municipal zoning ordinance pursuant to N.J.S.A. 2C:34-2, no sexually oriented business shall be operated by any individual, partnership, corporation, limited liability company, or other business entity within 1,000 feet of any existing sexually oriented business, church, synagogue, temple or other place of public worship, or any school, school bus stop, municipal or county playground or place of public recreation or resort, or any child care center, hospital or area zoned for residential use.
[Ord. O-07-19]
Except where duly adopted ordinances of the Borough of Highlands establish greater buffer requirements, every sexually oriented business must be surrounded by a minimum perimeter buffer of 50 feet in width. The buffer shall be sufficient to impede the view of the interior of the subject premises and shall consist of a fence, or plantings or other physical divider installed along the outside of the perimeter.
[Ord. O-07-19]
No more than two exterior signs, one sign for identification and one sign giving notice that the premises are off limits to minors shall be permitted on the premises per business establishment. All signs shall conform with the duly adopted sign ordinance requirements of the municipality, where specified. In no event, however, shall the identification sign exceed 40 square feet.
[Ord. O-07-19]
Any sexually oriented business already lawfully in operation on the effective date of this section, which is located within 1,000 feet of any facility described in 3-25.1 above shall not be subject to enforcement or penalty provisions of subsection 3-25.5 of Chapter 3 of the Ordinances of the Borough of Highlands.
[Ord. O-07-19]
Any person, persons, corporation, or partnership that violates any provisions of this section shall be subject to a fine not less than five hundred ($500.00) dollars nor more than one thousand ($1,000.00) dollars, for each day the violation persists.
[Ord. No. O-2016-26]
APPLICANT
Shall mean an individual or legally formed business entity which seeks to obtain a license from the Chief of Police to furnish towing services within the municipality pursuant to this section.
AUTHORIZED STORAGE FACILITY
Shall mean any auto body repair shop or service station which has a temporary storage facility for disabled or abandoned vehicles in accordance with the Borough of Highlands or other municipality's Land Use Ordinance.
CHIEF OF POLICE
Shall mean the Chief of the Police Department of the Borough of Highlands or anyone designated by him/her.
HEAVY-DUTY VEHICLE
Shall mean any truck, omnibus or other vehicle, 26,001 pounds or greater, or any over-height or over-width vehicle.
LIGHT-DUTY VEHICLE
Shall mean any passenger automobile, station wagon, pickup truck or panel truck up to 15,000 pounds, or any motorcycle, or all-terrain vehicle.
MEDIUM-DUTY VEHICLE
Shall mean any truck, omnibus or other vehicle from 15,001 to 26,000 pounds.
OPERATOR
Shall mean the person, firm or corporation which owns or leases and operates or causes to be operated a tow truck and includes the word "owner" and "permittee."
OWNER
Shall mean any person, firm or corporation who owns and/or operates a vehicle on the roads and highways which vehicle by reason of being disabled or being unlawfully upon said roads requires towing services.
POLICE OFFICER
Shall mean any regular police officer, Class I or Class II Special Police Officer and any State Police Officer and/or their designee.
STORAGE RATE CHARGES
Shall begin at 12:01 a.m. of the next day, and each day shall end at 11:59 p.m. Storage fees are calculated based on full twenty-four hour periods that a vehicle is in the storage facility.
TOWING APPARATUS
Shall mean a motor vehicle, including but not limited to a wrecker, tow truck or flatbed truck, employed for the purpose of towing, transporting, conveying and removing any vehicle without causing damage to the vehicle being towed or transported.
VEHICLES
Shall mean and include but is not limited to automobiles, trucks, tractors, trailers, motorcycles, minibikes, mopeds, go-carts, trail bikes, buses, ski mobiles, farm equipment or any other mechanically powered conveyance which shall become disabled or required to be towed from the scene of an accident or in order to safeguard the public health, safety and welfare.
WRECKERS
Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles, or parts of vehicles, which are unable to be operated under their own power for which a service charge or fee is exacted.
[Ord. No. O-2016-26]
a. 
No person, firm or corporation shall participate in the police towing of vehicles within the Borough without first having obtained a towing license as hereinafter provided.
b. 
A license issued under this section shall not be transferable.
[Ord. No. O-2016-26]
a. 
Applications for licenses issued under this regulation shall be made upon forms made available by the Chief of Police. An application fee of one hundred fifty ($150.00) dollars to cover administrative expenses must be paid in full at the time of the submission of the completed application. The application shall include the following information:
1. 
The full name and address of the applicant. If the applicant is made for a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its registered agent.
2. 
The description, by make, model, license number, year, vehicle identification number and color, of all towing apparatus for which licenses are requested, together with the principal location at which the towing apparatus will be maintained.
3. 
The block and lot number and mailing address of the garage at which the applicant has space available for properly accommodating and providing for the security of all towed motor vehicles. The storage facility must be able to accommodate at least ten (10) motor vehicles. The location of the storage facility and the location where their wreckers are principally housed may not be more than five (5) driven statute miles over roadways leading to and from the boundaries of the Borough of Highlands. In order to ensure the prompt clearing of Highlands roadways and further ensure the safety of drivers and stranded motorists, priority will be given applicants who meet the above-referenced criteria and are closest in statute miles over roadways leading to and from the boundaries of the Borough of Highlands.
4. 
A letter from the Zoning Officer of the municipality in which the premises is located verifying that the storage of motor vehicles is a permitted use upon the premises where the garage is located. At no time shall there be more vehicles stored upon the premises where the garage is located than that permitted by the municipality where vehicles are stored.
5. 
The certificates of required insurance.
6. 
A fully executed employment nondiscrimination statement.
7. 
Certification that the applicant is in full compliance with all State and Federal laws and regulations concerning wages, hours and terms of employment.
8. 
A copy of a mercantile license issued to the business if the municipality wherein the business is located requires such license.
9. 
All applicants, towing operators, agents of applicants, as well as officers and directors of a corporation must submit to a criminal history check.
10. 
No towing operator shall be directly involved with another applicant.
[Ord. No. O-2016-26]
Upon this section becoming effective, applications shall be received by the Chief of Police during the thirty-day period immediately following and shall be acted upon in accordance with the provisions of this section. The Chief of Police shall recommend to the Mayor and Council the issuance of towing licenses for their consent and approval. All licenses issued under this section shall expire on the last day of December next succeeding the date of issuance. Prior to renewal of any license issued hereunder, the Chief of Police shall conduct a review of all license holders to assess their compliance with the terms and provisions of the within section and any other regulatory statutes, if applicable.
[Ord. No. O-2016-26]
Within thirty (30) days after the receipt of an application, the Chief of Police shall cause an investigation to be made of the applicant and his or her proposed business operation and shall make or have made an inspection of the towing apparatus proposed to be used in connection therewith. All applicants and/or operators shall be fingerprinted, and a license shall not be issued to a person convicted of a crime of moral turpitude. The Chief of Police may delegate the inspection of the towing apparatus to a person or persons who shall make such an inspection and who shall report to the Chief of Police whether the towing apparatus is in a condition that will not interfere with the public health, safety and welfare and complies with the requirements and standards of this section. Upon completion of the investigation and inspection, the Chief of Police shall either refuse to approve the application or shall approve the application in accordance with the standards herein provided and shall inform the applicant of his decision.
[Ord. No. O-2016-26]
a. 
The Chief of Police shall approve an application when he finds that the following requirements have been met by the applicant:
1. 
The insurance policies as required have been procured and supplied.
2. 
The applicant has at least one wrecker/tow truck in use and operation in order to assure the efficient and diligent dispatch of towing apparatus upon the request of the Police Department.
3. 
The requirements of this section and all other applicable laws, statutes and ordinances have been complied with.
4. 
All towing apparatus proposed to be used have been properly licensed and conform to the State Motor Vehicle Laws.
5. 
The towing apparatus to be approved meet the required minimum standards as set forth herein.
6. 
The towing contractor must be able to respond to all calls for service by the Highlands Police Department within a reasonable amount of time, preferably ten (10) minutes but not more than thirty (30) minutes. Although it is stated in other subsections of this section, failure to meet this time requirement will initially result in the Police Department calling the next wrecker in the rotation; however, any three (3) failures to comply with the required response time could result in the offending wrecker service being dropped from the list and revocation of its license.
7. 
Payment of a one hundred fifty ($150.00) dollar licensing fee.
8. 
There shall be no charge for any towing of any municipally owned vehicle to a location within five (5) driven miles of the boundaries of the Borough of Highlands.
[Ord. No. O-2016-26]
a. 
The following shall serve as a minimum standard licensing. A wrecker or tow truck or flatbed truck shall be capable of handling, removing and towing any vehicle as defined in this chapter and must have or be equipped with the following:
1. 
All wreckers and towers and flatbed trucks shall have a minimum weight of one (1) ton, according to the manufacturer's specifications.
2. 
A power takeoff or an adequate electric-operated winch with a minimum cable thickness of three-eighths-inch steel.
3. 
A Three-Eighths-Inch Safety Chain. The lift chair and the safety chain are not to be attached in any form or manner to the same part of the tow truck or wrecker or a flatbed truck.
4. 
Front and rear flashing hazard lights.
5. 
A 360° rotating amber beacon light mounted above the cab or an approved light bar. Proper permits are required for the amber light and proof of such permit shall be provided with the application for the towing license.
6. 
All lights shall be of such candlepower and intensity so as to be visible one-quarter (1/4) of a mile away.
7. 
The company name, address and phone number permanently affixed on both sides of the wrecker or tow truck or flatbed truck. The letters and numbers shall be a minimum of three (3) inches in height.
8. 
A proper motor vehicle car dolly for each wrecker.
9. 
Approved towing slings.
10. 
Clean-Up Equipment. All tow vehicles are responsible for the prompt and safe removal of the disabled vehicle(s) and for the prompt and complete removal of all litter, debris and spillage resulting from the accident and must carry a broom, rake, trash can and bags, shovel and speedy dry-type material to absorb, remove and properly dispose of any litter, debris and or spillage resulting from the accident, with the exception of hazardous materials, as set forth in N.J.S.A. 39:4-56.8.
11. 
Safety Equipment. All towing apparatuses shall have: a universal towing sling; one snatch block for 3/8 to 1/2 inch cable, two (2) high-test safety chains; auxiliary safety light kit on rear of towed vehicles; four-lamp or three-lamp revolving amber light or lamp bars of at least five hundred (500) candle power pointed to the rear and mounted as to not be obstructed by the towed vehicle; at least three (3) flares or other suitable warning devices visible for a distance of not less than one thousand (1,000) feet from the disabled vehicles; toolbox with assortment of hand tools; rear working lights and rear marker lights; cab lights; body-clearing lights located to clear towed vehicle; blocking choke for wrecker; safety cones; steering wheel lock or tie-down; two-way radio communication system; and operational fire extinguisher designed for vehicular fires.
12. 
All towing apparatuses must be maintained and operated in accordance with all existing traffic regulations and in a safe and prudent manner.
13. 
Commercial motor vehicle plates.
14. 
One twenty-pound dry chemical fire extinguisher.
15. 
Additionally, all towing operators and their drivers shall be fully trained and knowledgeable in the operation of all required equipment.
16. 
The applicant must own or lease an operational fax machine capable of transmitting correspondence via telephone lines.
17. 
Minimum Storage Standards.
(a) 
Outside storage facility, fenced and secured large enough to accommodate at least ten (10) passenger vehicles.
(b) 
All storage facilities shall have proper sign identification.
(c) 
Storage areas shall be lit from dusk through dawn.
(d) 
Storage locations shall be in compliance with all applicable codes and municipal ordinances and shall be zoned for all the uses for which they are or will be dedicated.
The storage facility to which the vehicle is towed shall have a business office open to the public between 8:00 a.m. and 6:00 p.m., Monday through Friday, excluding holidays. To accommodate customers who cannot retrieve the vehicle within that timeframe on those days, the towing company shall allow the vehicle to be released on Saturday between 8:00 a.m. and 4:00 p.m. or shall make other reasonable arrangements to allow the vehicle to be released.
[Ord. No. O-2016-26]
a. 
Each licensee shall obtain and provide proof of coverage of the following policies of insurance naming the Borough, where applicable, as an additional named insured prior to the issuance of the towing license:
1. 
Automobile liability in an amount not less than $1,000,000.00 combined single limit.
2. 
Garage keeper's policy covering fire, theft and explosion in the minimum amount of $1,000,000.00 as well as collision coverage for vehicles in tow.
3. 
Garage liability in an amount not less than $1,000,000.00 combined single limit.
Miscellaneous coverage to provide complete protection to the Borough against any and all risks of loss or liability, including comprehensive general liability in the amount of $1,000,000.00, on hook insurance in the amount of $100,000.00, cargo insurance in the amount of $500,000.00 and workers compensation insurance for their employees.
b. 
Each insurance policy required herein must contain an endorsement providing ten (10) days notice to the Borough in the event of cancellation, revision or modification. The aforesaid insurance policies must be in full force and effect for the entire time period the towing license is issued, and these insurance policies must be written by insurance companies authorized to conduct business in New Jersey and have a satisfactory rating from the Commissioner of Insurance.
c. 
Prior to the issuance of a towing license, the licensee must duly execute an indemnification agreement in which the licensee agrees to indemnify and hold the Borough harmless from any and all loss or damages, including but not limited to attorney's fees and costs of suit, arising from the conduct of the licensee in the course of towing or attempting to tow any vehicles pursuant to the terms of the license granted.
[Ord. No. O-2016-26]
The Chief of Police or his designee is hereby authorized to establish reasonable rules and regulations for the inspection and operation of towing apparatus and for the design, construction, maintenance and conditions for the safe conduct of a towing service business, in accordance with the standards provided in this section. All vehicles shall be maintained in good working order and meet minimum safety standards. If at any time the Chief of Police shall find the equipment inadequate or unsafe or not complying with the Motor Vehicle Laws of the State of New Jersey or in the event that the towing business operator shall fail to comply with the provisions of this section or the provisions of the Zoning Ordinances of the Borough of Highlands or the municipality in which it is situated, he shall have the power to demand immediate correction, and, if not corrected, the Chief shall have the authority to revoke or suspend the license and schedule a hearing relative thereto. The Chief of Police is also hereby authorized and empowered to establish from time to time such additional rules and regulations, not inconsistent herewith, as may be reasonable and necessary in effectuating and carrying out the terms and provisions of this section.
[Ord. No. O-2016-26]
An appeal of the Police Chief's ruling shall be filed with the Borough Clerk within ten (10) calendar days of the Chief's decision. A hearing before the Governing Body shall be held within thirty (30) calendar days of the filing, with a ruling forthcoming from the Governing Body within twenty (20) calendar days of the conclusion of the hearing or at the next regularly scheduled meeting.
[Ord. No. O-2016-26]
a. 
Every licensed owner of towing apparatus shall give the owner of the vehicle a written receipt for the fee paid for the rendering of any towing service hereunder. Copies of receipts shall be maintained by the garage owner for three (3) years and be made available for inspection by authorized Borough officials. This section requires that all towing contractors adhere to rules and rates and schedules established by the Department of Insurance, N.J.A.C. 13:45A-31.1 et seq., and N.J.S.A. 40:48-2.49 et seq. A copy of said laws will be provided to all approved contractors. Fees may be charged that are less than the rates specified in N.J.A.C. 13:45A-31.1 et seq. and N.J.S.A. 40:48-2.49 et seq. This section also seeks to assure the timely dispatch of adequate towing equipment to scenes of accidents and in other circumstances requiring the removal of vehicles in order to safeguard the public health, safety and welfare. The Borough shall not be liable for any of the services performed by the tower unless those services are performed for municipal vehicles. The tower shall proceed directly against the owner of the motor vehicle for the recovery of any fees or charges.
b. 
Allowable Fee Schedule to Be Charged by Operator.
1. 
Towing Charge:
Light Duty Vehicles
$150.00
Medium Duty Vehicles
$200.00
Storage Charge
$35.00 per day
c. 
A licensed operator that engages in towing at the request of the Borough shall calculate storage fees upon full twenty-four (24) hour periods that a vehicle is in the storage facility. For example, it a vehicle is towed to a storage facility at 7:00 p.m. on one day, and the owner picks up the vehicle before 7:00 p.m. the next day, the operator shall charge the owner of the vehicle only for one (1) day of storage. If a vehicle is stored for more than twenty-four (24) hours, but less than forty-eight (48) hours, the operator may charge for two (2) days of storage. However, time shall not begin to accrue for the purposes of calculating storage fees until the time the vehicle actually reaches the storage site.
d. 
In accordance with N.J.A.C. 13:45A-31.4, in the case of a vehicle involved in an accident, the following additional services, if actually performed, may be charged:
1. 
Site cleanup, which shall be calculated based upon the number of bags of absorbent used, at a maximum rate of $25.00 per bag.
2. 
Winching, which shall be based upon each 1/2 hour spent performing winching, which shall be at a maximum rate of $100.00 per 1/2 hour for light-duty vehicles and $150.00 per 1/2 hour for medium-duty vehicles.
3. 
Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments at $50.00 per 1/2 hour.
e. 
In addition to the fees allowed to be charged against towed vehicles within this section, the Borough has the authority to charge a tow release processing fee of up to twenty-five ($25.00) dollars per vehicle.
[Ord. No. O-2016-26]
A tow license hereunder shall be issued subject to the following conditions:
a. 
No person owning or operating a towing apparatus licensed under this regulation shall permit or invite loitering within or near the towing apparatus when in use.
b. 
No person shall solicit, demand or receive from any person any commission or fee except the fee for transporting the vehicle to be towed.
c. 
No person shall pay any gratuity, tip or emolument to any third person not involved in the towing or removal of any vehicle or to any Police Officer for any information as to the location of any accident or for soliciting the employment of the operator's services.
d. 
The holder of a towing license shall not release to anyone any motor vehicles towed by said license holder without first obtaining a towed vehicle release form issued by the Highlands Police Department or a verbal release authorization if that is all that is required by the Police Department.
e. 
The holder of a towing license shall forthwith and without delay release to the owner thereof any motor vehicle which has been towed or stored by said license holder upon payment of the towing and/or storage fee and obtaining of a receipt for said vehicle from the owner thereof, during reasonable hours of business.
[Ord. No. O-2016-26]
a. 
Vehicles Towed by the Police Department. All companies on the towing list shall maintain a record regarding all vehicles towed at the request of the Police Department. This record shall be made available to any Police Officer for inspection upon request and shall contain the following information:
1. 
The date, time, location and name of the towing apparatus and the name of the driver who towed at the Department's request.
2. 
The physical location of the vehicle after being towed.
3. 
Identification of the towed vehicle, to include make, year, model, color, vehicle identification number, license number and the name of the registered owner or operator, if known.
4. 
Fee charged for such towing service and the manner in which said fee was calculated.
b. 
A list of all vehicles presently stored shall be submitted to the Highlands Police Department, including the following:
1. 
The make, model and color.
2. 
The registration number and state of registration.
3. 
The vehicle identification number.
4. 
The officer's name requesting the tow or impound.
c. 
The applicant shall maintain all records by means of a computer system to facilitate an expedient and efficient means of retrieving all tow-related information and shall maintain all records at one (1) central location. These records shall be kept for a three (3) year period.
d. 
The applicant shall maintain accurate records of owner notification(s) and attempted notifications.
e. 
The applicant must comply with the record-keeping provisions in accordance with N.J.A.C. 13:45A-31.9.
[Ord. No. O-2016-26]
All tow wrecker operators shall be required to contact the registered owner of the towed vehicle in order to promptly facilitate the removal of said vehicle from the storage facility. Failure to notify promptly will require the towing contractor to adjust his or her total storage charges as is reasonable for his or her failure to notify. The tow operator will be required to contact the registered owner via the postal service, by registered mail, after the vehicle has been at the storage facility for twenty (20) days. If this mail notification has not been performed, storage charges arising after that period of time will not be charged. The towing contractor may continue charging storage fees provided that all conditions have been met. A copy of the receipt, along with the time and date of telephone conversations, will be maintained and be made available to the Police Department immediately upon request. Failure to submit the required information will result in the removal of the towing service from the tow list, and any request for storage fees will be subject to critical examination. The Highlands Police will, at the tow operator's request, supply related information as to the owner of the vehicle, the owner's last known address and any other data that may be of assistance.
[Ord. No. O-2016-26]
a. 
The Police Department shall establish and publish a call list for all eligible licensees for the purpose of towing service within the Borough. Each licensee deserving to be placed on the list shall agree to the terms and conditions as may be set and approved by the Chief of Police. The list shall be in alphabetical order and rotated so to be equal to all licensees. Any licensee shall be removed from the list upon:
1. 
Written request from the licensee.
2. 
Failure to comply with the terms and conditions as prescribed by the Chief of Police.
3. 
Revocation of towing license.
b. 
Approved towing contractors will be placed on a daily rotating call basis. On their respective designated days, towing contractors will be expected to respond anywhere in the Borough of Highlands. In the event that the holder of a towing license is unavailable or unable to perform all or part of his or her designated days, it shall be that towing contractor's obligation to provide the Police Department with the name of another licensed towing contractor who has agreed to provide service for all or part of that rotation. A towing contractor who fails to provide such coverage shall forfeit his next scheduled rotation. A second failure to provide coverage could result in that towing contractor's removal from the list and revocation of his or her license. The Police Department shall keep a list of all requests for towing apparatus, indicating therein the date, time and place to which called and whether the tower called was available and, if not available, the reason why and the name of the towing license holder next called. No tower shall respond to the scene of an accident except upon notification by the officer in charge at the scene of an accident or at Police Headquarters or upon the request of the driver or owner of the vehicle concerned. Towing apparatus must be dispatched upon receipt of notification from the Police Department and shall arrive at the scene within a reasonable period of time, preferably not more than ten (10) minutes after being so notified. If at anytime more than two (2) wreckers are required in order that the performance of towing services may be efficiently rendered and the public's traffic safety assured, the Police Department is hereby authorized to call upon one (1) or more approved holders of towing licenses to respond to the dispatch of the Police Department.
c. 
Additional rules and regulations regarding the rotation of wreckers as may be promulgated hereunder by the Chief of Police shall take effect immediately after mailing, by certified mail return receipt requested, a copy thereof to all license holders for towing apparatus in the Borough, which mailing may be made by addressing same to the license holders at their last known addresses.
d. 
The foregoing shall not limit in any way the authority herein conferred upon the Chief of Police to promulgate rules and regulations providing for the removal and storage of disabled heavy-duty motor vehicles such as tractor-trailers and construction equipment requiring specialized towing equipment.
[Ord. No. O-2016-26]
The driver of the towing apparatus shall be required to clean up broken glass and debris from the scene of any accident to which it is called before leaving the scene thereof. All towing apparatus shall be equipped with a broom, rake, shovel and special dry and waste containers.
[Ord. No. O-2016-26]
This section shall not apply where the towing apparatus is called to perform services by the owner of the disabled vehicle to be towed or serviced, nor shall any provision contained herein be interpreted or construed in any manner as to interfere with or obstruct a member of the Highlands Police Department in the performance of his/her duties and the enforcement of the Motor Vehicle Traffic Laws of the State of New Jersey.
[Ord. No. O-2016-26]
a. 
The tower shall take all reasonable precautions to protect evidence when required to by the Highlands Police Department. When required, all such vehicles shall be stored as requested and in, a manner so as to protect the evidentiary nature of the vehicle. Such vehicles shall be stored and covered so as to prevent any unauthorized individuals from tampering with or removing any item(s) from the vehicle.
b. 
Release of any evidence, property or vehicle shall not occur unless written authorization has been obtained by the tower from the Highlands Police Department authorizing said release.
[Ord. No. O-2016-26]
a. 
The licensee shall be solely responsible for the conduct of his or her employees.
b. 
Any complaints received by the Borough of Highlands regarding the licensee or his or her employees involving excessive charging, damage to vehicles, theft from vehicles, discrimination or failure to comply with local, State or Federal laws regarding workers' employment regulations shall be addressed to the Chief of Police for review. After review, if the complaint(s) is substantiated, the license of said tower may be revoked or suspended.
[Ord. No. O-2016-26; amended 8-19-2020 by Ord. No. O-20-18]
In the event that it shall become necessary to store any privately owned motor vehicle, or any type of trailer or similar accessory equipment, upon municipal property, the owner or owners of such vehicle or equipment shall be charged a fee of $25.00 for each day of storage or part thereof. No such vehicle or equipment shall be released until the storage fee provided herein shall have been paid in full.
[Ord. No. O-2016-26]
The Chief of Police shall have the authority to suspend or revoke a towing license for violations of safety standards or rules and regulations of operation after notice and opportunity to be heard. The following shall serve as a guide in imposing sanctions:
a. 
First offense: Suspension for one (1) week
b. 
Second offense: Suspension for two (2) weeks
c. 
Third offense: Revocation of license
[Ord. No. O-2016-26]
Any persons violating the provisions of this chapter shall be subject to a penalty as set forth in Section 3-9 entitled Penalty for each violation and/or removal from the approved towing list.