[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:
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.
AFFECTED PERSON
DAYTIME HOURS
NIGHTTIME HOURS
PLAINLY AUDIBLE
SPEECH INTERFERENCE
The following definitions shall apply to this section:
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.
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.
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.
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.
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 3-3, Loitering, previously codified
herein and containing portions of O-74-10, was repealed in its entirety
by Ordinance No. 0-10-13.
[12-2-2020 by Ord. No.
O-20-25]
This section is adopted to control the planting, cultivating
or growing of invasive plants in the Borough of Highlands; and to
require barriers to prevent the spread of existing invasive plants
into other areas of the Borough.
[12-2-2020 by Ord. No.
O-20-25]
No persons, or other property owners or tenants shall plant,
cultivate, or cause to grow, any invasive plant on any lot or parcel
of ground in the Borough of Highlands. For purposes of this section,
the term "invasive plants" is defined as followed:
All native and nonnative vines and vegetation that grow out
of place and are competitive, persistent, and pernicious. These plants
may damage trees, vegetation, or structures. Examples include but
are not limited to bamboo of any kind, ragweed, English ivy, multiflora
rose, kudzu-vine and poison ivy or oak.
[12-2-2020 by Ord. No.
O-20-25]
This section shall not apply to any land owner or possessor
who, prior to the effective date of this section, has planted or caused
to grow any invasive plant on any property within the Borough limits
unless the Code Enforcement Officer determines on his own or upon
complaint from any abutting or nearby property owner that any portion
of such invasive plant has been allowed to grow upon, extend roots
across, or extend branches, stalks or leaves over any public way or
any private property not owned by or in the possession of such landowner
or any possessor of said land.
[12-2-2020 by Ord. No.
O-20-25]
Whenever the Borough determines that there is a violation of
this section, notice shall be given to the property owner and tenant,
if there is one. The notice shall be substantially as follows:
a.
The notice may be served personally or by ordinary mail.
b.
The notice shall specify the nature of the violation.
c.
The notice shall state that the violation must be corrected within
30 days from the date of the received or returned mailing.
d.
The notice shall state specifically what must be done by the responsible
party to correct the violation.
[12-2-2020 by Ord. No.
O-20-25]
a.
Any person determined by any court of competent jurisdiction to have
violated this section shall be subject to pay a fine of not less than
$50 nor more than $500. Any convictions for violating this section
after the initial conviction shall result in a fine of not less than
$100 and not more than $1,000.
b.
If the violation is not remedied within the time set forth in the
aforesaid notice, the Borough is hereby authorized to remove or have
removed any encroaching invasive plant and to take all reasonable
steps to eradicate the regrowth of the invasive plant on the public
rights-of-way, including sidewalks, and to restore such land to its
normal condition, prior to such removal and eradication.
c.
The cost of the corrective action shall be certified to the governing
body and, if found correct, shall be charged against the dwelling
or lands. The amount so charged shall become a lien upon such dwelling
or lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such dwelling or lands, shall
bear interest at the same rate as taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes.
[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.
[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:
Shall mean all products made of aluminum including aluminum
cans, foil, wrappers, containers for prepared dinners or other foods,
or manufactured aluminum items.
Shall mean the person that owns, rents, occupies, or controls
the property and registers takes responsibility for application for
dumpsters or PODS®.
Shall mean materials customarily used in the construction,
renovation or demolition of any structure.
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.
Shall mean stones, dirt, demolition material, broken concrete,
bituminous asphalt materials and other like material, brush, branches,
trees and bushes.
Shall mean putrescent animal, fish, fowl, fruit or vegetable
waste incident to and resulting from the use, preparation, cooking
and/or consumption of food.
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.
For purposes of this section, leaves are recyclable.
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.
Shall include a resident, tenant, owner and other third party
who resides at or who occupies a premises or dwelling - commercial,
residential, or institutional.
Shall mean all uncontaminated paper material such as used
newsprint, magazines, books, corrugated cardboard and high grade paper.
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.
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.
Shall mean a bulk storage container for waste materials that
can be hauled by private companies directly to the point of disposal.
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.
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.
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.
[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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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]
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.
[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.
As used in this section, the following terms shall have the
meanings indicated:
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.
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.
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."
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:
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.
[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.
[1]
Editor's Note: Former § 3-13.13, Parking at Public
Parks and Public Beaches, Ord. No. O-95-13, § 10; Ord. No.
O-2016-25, was repealed 10-7-2020 by Ord. No. O-20-20 and again on
10-21-2020 by Ord. No. O-20-24.
[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.
[Amended 7-19-2023 by Ord. No. O-23-12]
a.
Time of Operation. The Skateboard facility shall be open during the
following hours:
1.
Monday
through Sunday 10:00 a.m. until dusk.
2.
The
park will be closed during wet, snow or icy conditions, or during
park maintenance periods. The Borough reserves the right to close
the Skate Park or modify its hours of operation for any reason at
the direction and discretion of the Borough Administrator, Chief of
Police, or Superintendent of Public Works. There shall be no trespassing
when the park is closed.
b.
ROLLER SKATES OR ROLLER BLADES
SKATEBOARD
SKATE PARK
TRASH
Definitions. The following terms used in this section shall have
the following meanings:
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.
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 (wheelbases must be 20 inches or less)
and used to glide or propel the user over the ground, sidewalk or
other pavement.
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.
Shall mean debris from food or drink that is brought into
the park area.
c.
Helmet and Protective Gear 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.
Kneepads, elbow pads, appropriate closed toe footwear and wrist guards
are required for skaters within the park.
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.
7.
All participants must skate with due care and circumspection as to
avoid accidents or collisions with other skaters and use the equipment
in the proper manner. Reckless or dangerous skaters will be requested
to leave the skating area and the premises immediately.
8.
Participants 10 and under must have a responsible adult present.
9.
All bicycles, scooters, motorized vehicles of any kind, and skateboards
with wheelbases longer than 20 inches are prohibited.
10.
Personal ramps, rails, boxes, or other apparatus or modifications
to the skate surface are prohibited.
11.
Food, alcoholic beverages and glass containers are prohibited inside
the skate park.
12.
Spectators and pets are prohibited inside the skate park.
13.
All skaters are to act in an orderly, safe and considerate manner
while on the premises and in the skating area.
14.
Tobacco products, smoking, use of drugs, alcohol, profanity or abusive
language or vandalism/graffiti/stickers is strictly prohibited and
shall result in automatic and/or permanent expulsion from the facility.
15.
Use of radios, stereos or any type of amplified sound is prohibited
in the skate park. Head phones are prohibited.
16.
Each user of the skate park shall have personal identification that
includes name, address and telephone number in his/her possession
at all times during use of the skate park.
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:
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.
Which advertises for sale any merchandise, product, commodity,
or thing; or
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
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
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.
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.
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.
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.
Is any property not defined as a 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.
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.
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:
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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).
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.
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.
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]
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.
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.
Shall mean the Chief of the Police Department of the Borough
of Highlands or anyone designated by him/her.
Shall mean any truck, omnibus or other vehicle, 26,001 pounds
or greater, or any over-height or over-width 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.
Shall mean any truck, omnibus or other vehicle from 15,001
to 26,000 pounds.
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."
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.
Shall mean any regular police officer, Class I or Class II
Special Police Officer and any State Police Officer and/or their designee.
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.
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.
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.
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]
[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; amended 10-7-2020 by Ord. No. O-20-22]
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 10 minutes but not more than 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 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 $150 licensing fee.
[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.
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:
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:
[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.
