[1972 Code § 88-1]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean garbage, refuse and rubbish as defined herein,
and all other waste material which, if thrown, deposited or stored
as herein prohibited, tends to create a danger to public health, safety
and welfare.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, ground, walk, driveway, porch,
steps or vestibule belonging or appurtenant to such dwelling house,
building or other structure.
PUBLIC PLACE
Shall mean any street, sidewalk, alley or other public way
and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Shall mean any structure or building owned or operated by
the Federal, County or State government or any governmental agency.
REFUSE
Shall mean all putrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals
and solid market and industrial wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as papers, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery, building materials and similar materials.
VEHICLE
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1972 Code § 88-2]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection; provided,
however, that public receptacles shall not be used by persons owning
or occupying property in the vicinity of the public receptacles for
the deposit of domestic, commercial and industrial litter arising
from the conduct of the activities.
[1972 Code § 88-3]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place.
[1972 Code § 88-4]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[1972 Code § 88-5]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Borough any accumulation of litter and all persons owning or occupying
places of business within the Borough shall keep the sidewalk in front
of their business premises free of litter.
[1972 Code § 88-8]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[1972 Code § 88-9; New]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough. It shall not be unlawful on any sidewalk, street or other
public place within the Borough for any person to hand out or distribute,
without charge to the receiver thereof, any commercial or noncommercial
handbill to any person willing to accept it.
[1972 Code § 88-10; New]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereon a commercial or noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
[1972 Code § 88-11]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[1972 Code § 88-12]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon 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 Peddlers or Agents," "No Advertisements" or any similar
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 upon such premises.
[1972 Code § 88-14]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamppost, public utility pole, street sign, traffic sign post or shade
tree, or upon any public structure or building, except as may be authorized
by the owners thereof or required by law.
[1972 Code § 88-15]
No person shall throw, deposit or store litter on any occupied
private property within the Borough, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection and removal
of same in such manner that same shall not be unsightly and detrimental
to the surrounding neighborhood.
[1972 Code § 88-16]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, particularly one
or more automobile bodies, frames or chassis, one or more automobiles
unable to be self-propelled, or one or more abandoned automobiles;
provided, however, that this subsection shall not prohibit the storage
of litter in authorized private receptacles for collection.
[1972 Code § 88-17]
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
[1972 Code § 88-18; New]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[1972 Code § 99-2]
No person shall, within the limits of the Borough, bathe, swim
or be found in a state of nudity in the waters of any pond, stream
or lake, or in waters adjacent thereto.
[1972 Code § 99-3]
No person shall, within the limits of the Borough, disrobe in
any automobile, truck or vehicle while the same is upon any parking
place, street, park or other public place.
[Ord. No. 04/18 §§ 1—3]
a. Definitions. As used in this subsection:
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way which is an existing State, County, or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
b. Prohibited Conduct. The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste shall
remove the yard waste from the street or said party shall be deemed
in violation of this subsection.
c. Enforcement. The provisions of this subsection shall be enforced
by the Police Department and Code Enforcement Officer of the Borough
of Watchung.
d. Violation and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[1972 Code § 99-9]
No person shall distribute, strew about or place or cause to
be distributed, strewed about or placed in any street, alley, sidewalk,
motor vehicle or public place, areaway or yard, or upon the steps
or porch of any building, or in any receptacle upon the premises of
any resident with the Borough, any papers, circulars, cards or pamphlets,
except such papers or other matter as may be ordered or subscribed
for by any occupant of the premises.
[1972 Code § 99-10]
No person shall deposit rubbish or trash as follows:
a. No person shall sweep, cast, throw or deposit or cause to be swept,
cast, thrown or deposited upon any street, alley, sidewalk, gutter
or other place within the Borough, any paper, rags, straw, wood boxes,
rubbish or refuse of any kind or deposit any rubbish or refuse upon
the surface of any lot or land bordering any street of the Borough.
b. No person shall deposit, cast, throw or otherwise dispose of rubbish
or refuse in the Borough, which rubbish and refuse includes all accumulations
and waste substances from private homes and premises, stores and other
buildings of whatever nature, by casting, throwing or depositing the
rubbish and refuse in receptacles provided by the Borough at various
locations, nor shall any person cast, throw or deposit rubbish and
refuse which are accumulations and waste substances from private homes
and premises, stores and other buildings of whatever nature whatsoever
in receptacles or dumpsters owned by private individuals, corporations
or other entities without first obtaining the written permission of
the owner of the receptacles or dumpsters.
[1972 Code § 99-11]
No person shall, within the limits of the Borough, throw or
discard any tin cans, bottles, garbage or refuse of any kind into
the waters of any pond, stream or lake or into waters adjacent thereto
or discharge any sewage or waste into these waters or pollute these
waters in any manner whatsoever. All property owners and occupants
thereof abutting any pond, stream, lake or other body of water, to
the extent of their ownership or occupancy, shall keep the banks and
stream beds and bodies of water within the Borough free of litter,
refuse and rubbish, regardless of the source of the same.
[1972 Code § 99-12]
No person shall throw any stones, sticks, glass, metal or any
hard, dangerous or offensive substance into any street, byway or public
place or at any car, vehicle, house, building, fence or person within
the Borough limits.
[1972 Code § 99-18]
No person shall, on any street, park or other public place within
the Borough, ring any bell or blow any horn or make any public outcry
at or for any public sale, auction or venue, or to advertise any goods,
wares or merchandise for sale, or to attract any attention or gain
passengers for any cab, taxicab or omnibus.
[1972 Code § 99-21]
a. Subject to the provisions of N.J.S.A. 5:8-1, et seq. and the rules
and regulations adopted by the Legalized Games of Chance Control Commission
it shall be lawful to license churches or religious congregations
and organizations, charitable, educational, fraternal organizations,
civic and service clubs, the volunteer fire department and rescue
squad to hold and operate specific kinds of games of chance as specified
by the Control Commission, the conduct thereof to be as prescribed
by rules and regulations duly adopted from time to time by the Legalized
Games of Chance Control Commission.
b. The holding of the game or games of chance specified by the Control
Commission is permitted in the Borough, including Sunday, provided
that all of the other rules and regulations of this subsection and
as prescribed by the Legalized Games of Chance Control Commission
are complied with.
[1972 Code § 99-23; Ord. No. 06/01 § 1; Ord. No. OR:10/18; Ord. No. OR:10/19 § 1]
a. No person shall, within the Borough, fire or discharge any firearm, destructive device or weapon as same are defined in N.J.S.A. 2C:39-1, or other appliance for discharging metal or paper caps such as are used in toy pistols, except as permitted by the Borough's Community Deer Management Program. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
b. No person shall, within the Borough, engage in any form of bow and arrow hunting. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. OR:10/19 § 2]
a. There is hereby established within the Borough, a Community Deer Management Program. The purpose of this program is to control the Borough's deer population. On an annual basis, the Borough Council may designate an agent to perform deer culling. Deer culling will only be permitted within the Borough during Permit Shotgun Season as defined by the New Jersey Division of Fish and Wildlife and in accordance with the Borough's rules and regulations for deer culling, which shall be maintained in the Office of the Borough Clerk. No other form of deer hunting is permitted within the Borough. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
b. The Borough's rules and regulations for deer culling shall be
adopted by resolution of the Borough Council. The rules and regulations
for deer culling shall be adopted in conjunction with the Borough's
designation of an agent to perform deer culling.
[Ord. No. 00/14 § 1]
a. No person shall, within the limits of the Borough of Watchung, offer
for sale, expose for sale, sell, possess or use, or explode any blank
cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives
are used; the type of balloon which requires fire underneath to propel
the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs,
sparklers or other fireworks of like construction or any fireworks
containing any explosive or inflammable compound or any tablets or
other device commonly used and sold as fireworks containing nitrates,
chlorates, oxalates, sulfides of lead, barium, antimony, arsenic,
mercury, nitroglycerine, phosphorus or any compound containing any
of the same or other explosives, or any substance or combination of
substances, or article prepared for the purpose of producing a visible
or an audible effect by combustion, explosion, deflagration or detonation,
other than automobile, aviation and railroad signal light flares,
except: (1) that it shall be lawful for any person to offer for sale,
expose for sale, sell, possess or use, or explode any toy pistol,
toy cane, toy gun, or other device in which paper or plastic caps
containing .25 grain or less of explosive compound per cap are used,
providing they are so constructed that the hand cannot come in contact
with the cap when in place for use, and toy pistol paper or plastic
caps which contain less than .25 grain of explosive mixture per cap;
and (2) except as this subsection further provides.
Except as otherwise may be provided in this subsection, it shall
be lawful to sell fireworks to a person only if that person is named
as the authorized purchaser in a valid permit issued pursuant to subsection
6-2.17b hereof, and the permit is presented to the manufacturer, seller
or distributor at the time of purchase. If the manufacturer, seller
or distributor is located in a state other than this State, a purchase
shall be by mail order form and a photocopy of the valid permit or
registration shall be submitted with the form to satisfy the requirement
in this subsection.
b. The Borough Council may, upon application in writing at least 15
days in advance of the display date and upon the verification of appropriate
insurance coverage, authorize the Fire Official, pursuant to N.J.A.C.
5:18-2.7 to grant a permit for the purchase, possession and public
display of fireworks by municipalities, religious, fraternal or civic
organizations, fair associations, amusement parks, or other organizations
or groups of individuals approved by the Borough Council.
The Borough Council may by resolution grant such permission
when such display is to be handled by a competent operator, to be
approved by the Chiefs of the Police and Fire Departments of the Borough
and the Borough Fire Official. Such display shall be of such a character,
and so located, discharged, or fired, as in the opinion of the Chiefs
of the Police and Fire Departments, after proper inspection, shall
not be hazardous to property or endanger any person or persons.
A permit issued pursuant to this subsection shall contain an
identification number and the specific types or kinds of fireworks
to be used. The permit shall name one person who shall be authorized
to purchase, or otherwise order, and receive delivery of any fireworks.
After such permit shall have been granted, sales, possession, and
use of fireworks for such display shall be lawful for that purpose
only.
c. All applications for permits pursuant to this subsection shall set
forth the name of the person authorized to purchase, or otherwise
order, and receive delivery of any fireworks, the specific types or
kinds of fireworks to be obtained and used, the date, the hour, place
of making such display, and place of storing fireworks prior to the
display and, further, the name or names of the person, persons, firm,
partnership, corporation, association or group of individuals making
the display, and the name of the person or persons in charge of the
igniting, firing, setting-off, exploding or causing to be exploded
such fireworks. The location of the storage place shall be subject
to the approval of the Fire Official of the Borough of Watchung. No
permit granted hereunder shall be transferable.
d. The Borough Council shall require insurance in the sum of not less
than one million ($1,000,000.00) dollars or such sums as the Joint
Insurance Fund shall require from time to time, conditioned for the
payment of all damages, which may be caused either to a person or
persons or to property, by reason of the display so as aforesaid licensed,
and arising from any acts of the licensee, his agents, employees or
subcontractors. Such surety shall run to the Borough, and shall be
for the use and benefit of any person, persons, or the owner or owners
of any property so damaged, who is or are authorized to maintain an
action thereon, or his or their heirs, executors, administrators,
successors of assigns.
e. A duplicate copy of the application and of the permit granted shall
be forwarded to the Office of Safety Compliance in the New Jersey
State Department of Labor by the Borough Clerk and such copies shall
be kept on file by the Borough Clerk subject to public inspection.
f. Nothing in this subsection shall be construed to interfere with the
provisions of any statute, State code provision or the New Jersey
State Fire Prevention Code, Chapter 31 of this State, which shall
take precedence over this subsection and supplement the same, nor
shall anything in this subsection contained be construed to prohibit
any manufacturer, wholesaler, dealer or jobber from selling at wholesale
such fireworks to municipalities, religious, fraternal or civic organizations,
fair associations, amusement parks, or other organizations or groups
of individuals authorized to possess and use fireworks under this
subsection, or the sale of any kind of fireworks, provided the same
are to be shipped directly out of the State; or the sale or use of
blank cartridges for a show or theater, or for signal purposes in
athletic sports, or be railroads for signal purposes, or for the use
by the militia, or construed to prohibit the manufacture and sale
of automobile, aviation and railroad light flares.
g. An entity shall not manufacture, store, offer or expose for sale,
sell at retail or discharge any fireworks, except for the approved
supervised display of fireworks. The Borough Fire Official shall seize,
take, remove or cause to be removed at the expense of the owner, all
fireworks offered or exposed for display or sale, stored or held in
violation of this chapter.
h. The use of what are technically known as fireworks showers, or of
any composition containing potassium and sulfur, in theaters or public
halls shall be subject to prior approval by the Borough Fire Official
and the following conditions shall apply:
1. Fireworks shall be discharged and operated in accordance with manufacturers'
directions and specifications.
2. The owner/operator shall provide a full demonstration to the Borough
Fire Official prior to final operation.
3. Fireworks shall be discharged so as not to endanger the public by
escape of any hot particles from the stage area.
4. A fire watch, with proper extinguishing equipment as approved by
the Borough Fire Official, shall be maintained during the operation
at both sides of the stage area.
[1972 Code § 99-27; New]
No person shall unnecessarily obstruct any street, alley or
public place of the Borough with any kind of vehicle or vehicles,
or with a box or boxes, lumber, wood or any other thing.
[1972 Code § 99-31]
No person, association or corporation shall hold, conduct or
take part in any parade, procession, meeting, concert or the like
through, in or upon any public street or place in the Borough without
a written permit from the Mayor, to be issued and to be revocable
in his discretion as he may deem conducive to the public welfare,
specifying the place or places and the time or times when such function
may be held or conducted; provided that nothing in this subsection
shall be held or construed to apply to any funeral procession or parade
incidental to or connected with any funeral, nor to any procession
or parade of any body of police or firemen of the Borough, militia
of the State or troops of the United States of America; and provided
further that no permit so issued by the Mayor shall be held or construed
to authorize any licensee thereunder unreasonably to inconvenience
the public or any member thereof in the lawful use of any public street
or public place in the Borough, or to create, cause or encourage any
public disorder or disturbance whatsoever, or to limit in any manner
the powers of the police in the exercise of their duties to regulate
traffic generally and to maintain peace and order within the Borough,
or otherwise, and for such purpose to order any such function to be
disbanded or otherwise terminated. During the absence or disability
of the Mayor, the Chairman of the Police Committee, and during his
absence or disability, the Chief of Police, shall have authority to
issue and revoke such permits.
[1972 Code § 99-34; Ord. No. OR:08/21 § 1]
Any person, company or business who operates, maintains or owns
any alarm device or local alarm system designed to summon the Police
Department, Fire Department or other municipal agency to any location
in response to any type of alarm signal shall be responsible for the
proper functioning of the equipment or system. Any alarm activated
by inadvertence, negligence or the unintentional act, other than an
alarm caused by an intruder or caused by malfunctioning of the alarm
system, maybe deemed a false alarm, and may be assessed the following
penalties:
a. For the first false alarm in any 12 month period commencing with
the first false alarm, a warning may be issued.
b. For the second and third false alarms in any 12 month period commencing
with the first false alarm, a summons may be issued, and upon conviction
thereof be subject to a penalty of not less than $100.
c. For the fourth false alarm in any 12 month period commencing with
the first false alarm, a summons may be issued, and upon conviction
thereof be subject to a penalty of not less than $250.
d. For false alarms in excess of four in any 12 month period commencing
with the first false alarm, a summons may be issued, and upon conviction
thereof be subject to a penalty of not less than $500.
e. This section may be enforced by either the Borough of Watchung Police
Department or the Borough of Watchung Bureau of Fire Prevention.
[1972 Code § 99-35; New]
Any person who violates any provision of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. 05/09 § 1]
No person shall purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business operation, function or activity,
nor shall any person purposely interfere with, hinder, disturb or
obstruct any retail or wholesale business owner, employee, agent or
personnel acting in the furtherance of the interests of that business
with the intent to prevent, undermine or otherwise obstruct the lawful
retail or wholesale practices of the business. This subsection does
not apply to conduct considered lawful competitive economic practices.
[Ord. No. 04/19 § 1]
An ordinance to prohibit the feeding of unconfined wildlife
in any public park or on any other property owned or operated by the
Borough of Watchung, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
[Ord. No. 04/19 § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 04/19 § 1]
a. No person shall feed, in any public park or on any other property
owned or operated by the Borough of Watchung, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers), or unconfined wildlife at environmental education
centers.
[Ord. No. 04/19 § 1]
a. This section shall be enforced by the Police Department, Code Enforcement
Officer and the Board of Health of the Borough of Watchung.
b. Any person found to be in violation of this section shall be ordered
to cease the feeding immediately.
[Ord. No. 04/19 § 1]
Any person(s) who is found to be in violation of the provisions of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[1972 Code § 112-1]
As used in this section:
SHOPPING CARTS
Shall mean all carts, baskets or containers equipped with
wheels and propelled by human power, used or intended to be used for
the carrying of merchandise or goods.
[1972 Code § 112-2]
No person shall leave or abandon or suffer or permit to be left
or abandoned any shopping cart in or upon any public street, sidewalk,
public or quasi-public area, and shall be required, when taking a
shopping cart from any store premises, to immediately return same
to the store premises from which it was obtained.
[1972 Code § 112-3]
Any owner or merchant who permits a shopping cart to be taken
out of the store premises, and fails to maintain such control thereof
as will accomplish its return promptly without the same being left
in or upon any public street, sidewalk or public or quasi-public area,
shall be held responsible for leaving and permitting such shopping
cart to be left in such area.
[1972 Code § 112-4]
The owner or owners of shopping carts shall affix a permanent
identification to each, indicating the name and address of the owner
thereof.
[1972 Code § 112-5]
The Police Department shall remove or cause to be removed any
shopping cart found unattended or abandoned upon any public street,
sidewalk, public or quasi-public area and shall take or cause same
to be taken to a storage area designated by the Police Department
until redeemed by the owner or sold or disposed of as provided for
herein. If identification of the owner, lessor or lessee appears on
a shopping cart, the Police Department is directed to mail a notice
to the owner, lessor or lessee advising that he has a period of 10
days from date of mailing the notice within which to redeem the shopping
cart. A charge of $10 shall be paid to the Borough of Watchung for
each shopping cart redeemed to cover the cost of recovery and administration
of this section.
[1972 Code § 112-6]
If a shopping cart is not redeemed within 10 days of its taking,
the Police Department shall cause a public notice to be advertised
in a newspaper authorized to accept legal publications for the Borough,
fixing a date, time and place of a public sale to the highest bidder.
The owner, lessor or lessee of any shopping cart may redeem same at
any time prior to the actual public sale of the cart, provided that
in addition to the sum of $10 there is paid the prorated Borough disbursements
for advertising and sale. In the event any shopping cart shall remain
unredeemed and unsold at public sale, the Police Department may dismantle,
destroy or otherwise dispose of it. Any public sale or other disposition
of any shopping cart shall be without liability to the Borough of
Watchung, the Police Department, their agents and employees.
[1972 Code § 112-7]
Immediately after a shopping cart is redeemed or sold, the Chief
of Police shall pay over to the Treasurer of the Borough the amount
received for redemption or sale plus costs and expenses collected
and an itemized statement thereof.
[1972 Code § 112-8]
Any person found guilty of violation of this section or any
of the provisions thereof shall be subject to a fine not exceeding
$50 for a first offense and $100 for a second or subsequent offense.
The penalty herein affixed shall be in addition to any fees for redemption
or costs of public sale.
[1972 Code § 112-9]
Nothing herein contained shall prevent or prohibit the leaving
of shopping carts outside a store or market premises if the same are
placed in an area specifically designated therefor by the owner, so
as not to create an obstruction, interference or hazard to pedestrians
or operators of motor vehicles.
[1972 Code § 125-1]
a. No person shall at any time set or use a trap of any kind designed
or intended to take hold, capture or kill any bird or animal within
the Borough, except as provided herein.
b. Exceptions. In order to protect property or health, the owner or
tenant of any property within the Borough may trap birds or animals
within any building on the property of which he is the owner or tenant
by any means, or may trap any bird or animal by means of a cage-type
trap, commonly called "cage trap," "cage door trap" or "live trap,"
designed to capture animals alive.
[1972 Code § 125-2; New]
Any person who violates any provision of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. 01/23 § 99A-1]
As used in this section:
PUBLIC HOUSING FACILITY
Shall mean any dwelling, complex of dwellings, accommodation,
building, structure or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the "Local Redevelopment
and Housing Law," P.L. 1992, c. 79 (C. 40A:12A-1 et seq.) for the
purpose of providing living accommodations to persons of low income.
PUBLIC PARK
Has that meaning contained in N.J.S.A. 2C:35-7.1.
SCHOOL PROPERTY
Shall mean school property used for school purposes which
is owned by or leased to any elementary or secondary school or the
Borough of Watchung Board of Education.
[Ord. No. 01/23 § 99A-2]
a. In accordance with and pursuant to the authority of P.L. 1988, c.
44 (C. 2C:35-7), the map dated December 12, 2001, and prepared under
the supervision of the Borough of Watchung Engineer is hereby approved
and adopted as an official finding and record of the location and
areas within the Borough of Watchung of property which is used for
school purposes and which is owned by or leased to any elementary
or secondary school or the Borough of Watchung Board of Education
("School Board") and of the areas on or within 1,000 feet of such
school property.
b. In accordance with and pursuant to the authority of P.L. 1997, c.
327 (C. 2C:35-7.1), the map dated December 12, 2001, and prepared
under the supervision of the Borough of Watchung Engineer is hereby
approved and adopted as an official finding and record of the location
and areas within the Borough of Watchung of property which is used
as a public park, public building or public housing facility and of
the areas on or within 500 feet of such property.
c. In accordance with and pursuant to the authority of P.L. 1999, c.
185 (C. 2C:11-5), the map dated December 12, 2001, and prepared under
the supervision of the Borough of Watchung Engineer is hereby adopted
as an official finding and record as to the location and boundaries
of school crossings as defined in N.J.S.A. 39:1-1 et seq.
[Ord. No. 01/23 § 99A-3]
a. The map approved and adopted pursuant to subsection
6-6.2a 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 by or leased to any elementary or secondary school or School Board which is used for school purposes 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 and drug-free school zones.
b. The map approved and adopted pursuant to subsection
6-6.2b of this section shall constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property used as a public park or public building 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 public parks and buildings drug-free zones.
c. The map approved and adopted pursuant to subsection
6-6.2c of this section shall continue to constitute an official finding and record as to the location and boundaries of school crossings as defined in N.J.S.A. 39:1-1 et seq., 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 crossings.
[Ord. No. 01/23 § 99A-4]
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 the School Board and which is
used for school purposes or school crossings.
[Ord. No. 01/23 § 99A-5]
The Borough Clerk is hereby directed to receive and keep on
file the original of the map approved and adopted pursuant to 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 shall be provided without
cost to the Somerset County Clerk and to the office of the Somerset
County Prosecutor. The Borough Clerk is also directed to forward a
copy of this section, once adopted, and the map approved and adopted
pursuant to this section to the Court Administrator, Chief of Police
and Prosecutor of the Borough of Watchung.
[Ord. No. 01/23 § 99A-6]
The following additional matters are hereby determined, declared,
recited and stated:
a. It is understood that the maps approved and adopted pursuant to this
section were prepared and are intended to be used as evidence in prosecutions
arising under the criminal laws of the State of New Jersey, and that,
pursuant to applicable law, such maps shall constitute prima facie
evidence of the following:
1. The location of elementary and secondary schools within the Borough.
2. The boundaries of the real property which is owned by or leased to
such schools or the School Board.
3. Such school property is and continues to be used for school purposes.
4. The location and boundaries of areas which are on or within 1,000
feet of such school property.
5. The location of public parks and buildings within the Borough.
6. The boundaries of the public parks and buildings within the Borough.
7. Such public property is and continues to be used for public purposes.
8. The location and boundaries of areas which are on or within 500 feet
of such public property.
9. The location of all school crossings within the Borough.
10. Such school crossings are and continue to be used for school crossing
purposes.
b. All of the property depicted 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 P.L. 1987, c.
101: (C. 2C:35-7), and all of the property depicted as public parks
and buildings was owned or leased by the Borough of Watchung as of
January 9, 1998, that being the effective date of P.L. 1997, c. 327
(C. 2C:35-7.1), all of the school crossings depicted as school crossings
were used as school crossings as of December 1, 1999, that being the
effective date of P.L. 1999, c. 185 (C. 2C:11-5 and C. 2C:12-1).
c. The prosecutor is not precluded from introducing or relying upon
any other evidence or testimony to establish a violation of any offense
defined by applicable law, including use of a map or diagram other
than the ones approved and adopted pursuant to this section. The failure
of the maps 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, and real property comprising a public park or a public building,
or used as a school crossing, 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 municipality or that such
property is not used for a school or as a public park or public building
or for a school crossing.
d. All of the requirements set forth in applicable law concerning the
preparation, approval and adoption of the maps have been satisfied.
[Ord. No. 04/17]
No person shall purposely or knowingly contaminate, destroy,
or interfere with, or purposely or knowingly cause to be contaminated
or destroyed, any culling site or ground-feeding station or other
mechanism established to bait white-tail deer within the Borough of
Watchung, provided such culling site or bait station is solely used
by a vendor of the Borough authorized to implement a Community Based
Deer Management Plan. "Interfere with" includes but is not limited
to physically interfering with a culling site or bait station or enticing
or luring away of deer from the authorized culling site or baiting
station. It shall be presumed that the person is purposely or knowingly
interfering with a culling site or bait station if that person uses
any method to physically disrupt the cull or places feed in competition
with the authorized culling or baiting site.
[Ord. No. 04/17]
Any person who violates any provision of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. OR:09/07 § 1]
The Borough finds that the operation of motorized recreational
vehicles has previously been conducted in a manner so as to disturb
the peace, quiet and tranquility of others and/or in a careless, reckless
or negligent manner so as to endanger or be likely to endanger the
safety of others or the property of others. This section proposes
to regulate their use in order to minimize the impact of such use
on the residents of the Borough, the public at large, the environment,
and to assure minimum standards of safety.
[Ord. No. OR:09/07 § 1]
a. Whenever any words and phrases are used in this section, the meaning
respectively ascribed to them in N.J.S.A. 39:1-1 et seq., shall be
deemed to apply to such words and phrases used herein.
b. As used in this section, the following terms shall have the meanings
indicated:
ALL-TERRAIN VEHICLE
Shall mean a motor-operated vehicle, designed to travel over
any terrain, of a type possessing three or more rubber tires, but
shall not include golf carts.
MOTORCYCLE
Shall mean and include motorcycles, motor bikes, bicycles
with a motor attached and all motor-operated vehicles of the bicycle
or tricycle type.
PUBLIC HIGHWAY
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
PUBLIC LANDS
Shall mean any and all real property which is owned or controlled
by a governmental entity, including conservation areas, utility easements
and drainage easements.
SNOWMOBILE
Shall mean any motor-operated vehicle, designed primarily
to travel over ice or snow, of a type which uses sled-type runners,
skis, an endless belt tread, cleats or any combination of these or
other similar means of contact with the surface upon which it is operated,
but does not include any farm tractor, highway or other construction
equipment, or any military vehicle.
[Ord. No. OR:09/07 § 1]
a. No person shall operate any recreational motorized vehicles, including
but not limited to snowmobiles, two-wheel vehicles known as "minibikes,"
trail bikes; motor scooters; three or more rubber tire motor vehicles
known as "all-terrain vehicles" (ATVs), and four-wheel motor vehicles
known as "go-carts," under the following circumstances:
1. On any property without the written permission of the owner or occupant
of the property; within 50 feet from the property line without the
written permission of the owner or occupant of that adjoining property,
or within 100 feet of a public street or right-of-way.
2. On any public street, sidewalk or bike path within the Borough unless
the operator is fully dismounted or otherwise permitted.
3. On public property unless written permission for the operation of
any recreational motor vehicles on said property has been specifically
given by the applicable public authority.
4. In a manner so as to create loud, unnecessary or unusual noise so
as to annoy other persons or to disturb or interfere with the peace
and quiet of the Borough. No person shall operate a recreational motor
vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m.
prevailing time or sunset, whichever shall first occur, Monday through
Friday, and before the hour of 10:00 a.m. and after the hour of 7:00
p.m. prevailing time or sunset, whichever shall first occur, Saturday
and Sunday. No person shall cause dust to be created which disturbs
the peace and repose of neighbors, causes property damage to neighboring
homes and creates traffic hazards to passing motorists.
5. In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety of property of any person, including
the operator of the vehicle.
6. No person operating a recreational motorized vehicle shall carry
any passenger or passengers therein or thereon unless said vehicle
is specifically equipped for the purpose of carrying one or more passengers,
nor carry more passengers therein or thereon that such vehicle is
specifically equipped to carry.
7. Protective Helmet. It shall be unlawful for any person to operate
or to permit to be operated, or to ride as a passenger, on any recreational
motorized vehicle without wearing a protective helmet approved by
the Chief Administrator of the New Jersey Motor Vehicle Commission.
Any such helmet shall be of a type acceptable for use in conjunction
with motorcycles as provided in N.J.S.A. 39:3-76.7 through N.J.S.A.
39:3-76.10.
8. Headlights, tail lights, brakes and mufflers. It shall be unlawful
for any person to operate or permit to be operated a recreational
motorized vehicle that is not equipped with working headlights, tail
lights, brakes and proper mufflers as supplied by the motor manufacturer
for the particular model without modifications.
9. It shall be unlawful for any person to operate or permit to be operated
a recreational motorized vehicle without lighted headlights and lighted
tail lights.
10. Pursuit of Wildlife. It shall be unlawful for any person to operate
or permit to be operated a recreational motorized vehicle at any time
and in any manner intended or reasonably to be expected to harass,
drive or pursue any wildlife.
11. Electric Transmission Line. It shall be unlawful for any person to
operate or permit to be operated a recreational motorized vehicle
upon any electric transmission line right-of-way, except for electric
transmission line personnel in the performance of their duties.
12. Rules and Regulations. It shall be unlawful for any person to violate
any provision of this section or any rule or regulation adopted pursuant
to this section.
[Ord. No. OR:09/07 § 1]
a. Any police officer enforcing this section may impound any recreational
motorized vehicle operated on public or private property if the vehicle
cannot be legally driven upon the public roadways of this State.
b. In cases involving persons under the age of 17 years old, the vehicle
may be returned to the operator's parent or legal guardian upon
payment of all costs and fees associated with the impoundment, which
may include, but not be limited to, storage fees. In the case of an
unregistered vehicle, the vehicle shall be released from impoundment
upon proof that the vehicle has been properly registered and insured
under the New Jersey statutes and upon payment of all fees and costs
incurred in the impoundment, including, but not limited to, storage
fees. In the case of the vehicle being unable to be registered and
insured in this State and if the person is under the age of 18 years
old, then the vehicle may be returned to his/her parent or guardian.
c. In the event that the impounded vehicle is unable to be driven legally
upon the roadways of this State (i.e., all-terrain vehicles, dirt
bikes and such), the vehicle must be removed from impound by either
towing or carting.
[Ord. No. OR:09/07 § 1]
Section
6-8 shall not apply to lawn mowers, tractors or farm, lawn, garden or similar equipment for residential use or business or agricultural/farming activities when used for the purposes for which each was designed.
[Ord. No. OR:09/07 § 1]
a. The violation of any part of this section shall constitute a separate
and distinct offense independent of the violation of any other section
issued pursuant to this section. Each day of violation shall constitute
an additional, separate and distinct offense.
b. In cases where a minor is involved, a verbal first warning and copy
of this section may be provided to both the minor and the parent or
legal guardian in lieu of a summons, at the discretion of the police
officer.
c. If within 90 days of the first warning the recreational motorized
vehicle in question is again operated in a manner violating this section
(not necessarily the same offense), the operator, parent or guardian
of the operator may be cited for violation of this section and subject
to the penalties described above.
d. In the case of violations of trespassing, the police may, in addition
to issuing a summons, also immediately impound the vehicle used or
operated in violation of this section. The vehicle will be returned
upon payment of any towing or removal costs and/or any court-ordered
fines.
e. Any person(s) who is found to be in violation of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. OR:10/15 § 1]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or
uncle, sibling, or any other person related by blood or affinity.
[Ord. No. OR:10/15 § 2]
It is unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes an alcoholic
beverage on private property.
[Ord. No. OR:10/15 § 3]
a. This section does not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
b. This section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in the culinary arts or hotel management program at a County vocational
school or post secondary educational institution; however, this section
shall not be construed to preclude the imposition of a penalty under
N.J.S.A. 33:1-81, or any other section of law against a person who
is convicted of unlawful alcoholic beverage activity on or at premises
licensed for the sale of alcoholic beverages.
[Ord. No. OR:10/15 § 4]
a. A violation of this section shall be punishable by a fine of $250
for a first offense and $350 for any subsequent offense.
b. The court may, in addition to the fine authorized for this offense,
suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the court shall forward
a report to the Motor Vehicle Commission stating the first and last
day of the suspension or postponement period imposed by the court
pursuant to this section. If a person at the time of the imposition
of a sentence is less than 17 years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the person
reaches the age of 17 years.
c. If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the court shall immediately
collect the license and forward it to the Commission along with the
report. If for any reason the license cannot be collected, the court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the court.
d. The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
e. If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit to the Commission the required report. The court shall not
collect the license of a nonresident convicted under this section.
Upon receipt of a report by the court, the Commission shall notify
the appropriate officials in the licensing jurisdiction of the suspension
or postponement.
Editor's Note: Prior ordinance history: Ordinance No. OR:11/02.
[Ord. No. 2017-12]
The Borough Clerk shall prepare and maintain a list of those residents who notify the Borough Clerk by completing a form that no soliciting, peddling, and canvassing, nor the placement of literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material (other than those requested by the resident) is permitted at their premises. Upon the adoption of Section
6-10 of the Revised General Ordinances of the Borough of Watchung, the Borough Clerk shall publicize its adoption and shall prepare the required form which shall be available on the Borough's Website or at the Borough Clerk's Office during normal business hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except legal holidays.
[Ord. No. 2017-12]
The Borough Clerk shall submit the Do Not Knock/Drop Off List to the Chief of Police on April 1 and December 1 of each year and both lists shall be distributed to applicants seeking a license to solicit, peddle or canvass pursuant to the provisions of Section
11-1 of the Revised General Ordinances of the Borough of Watchung.
[Ord. No. 2017-12]
a. Do Not Knock. Peddlers, solicitors, and canvassers shall not peddle,
solicit or canvass on the premises of those residents on the Do Not
Knock/Drop Off List.
b. Do Not Drop Off. Peddlers, solicitors, and canvassers shall not place
literature, leaflets, pamphlets, advertisements, circulars, samples,
door hangers or other written material (other than those requested
by the resident) on the premises of those residents on the Do Not
Knock/Drop Off List.
[Ord. No. 2017-12]
On or about April 1 and December 1 of each year, the Borough
Clerk shall update the Do Not Knock/Drop Off List.
[Ord. No. 2017-12]
Any person violating or failing to comply with any of the provisions of Section
6-10 of the Revised General Ordinances of the Borough of Watchung shall be punishable by a fine and/or imprisonment as prescribed in Section
1-5 of the Revised General Ordinances of the Borough of Watchung.
[Ord. No. OR: 12/15]
The Borough of Watchung deems it necessary to regulate the hours
of operation of retail stores during the Thanksgiving Holiday and
the day after the Thanksgiving Holiday, also known as Black Friday,
to preserve the public safety, health and welfare; to mitigate adverse
impacts of traffic, overcrowding of retail stores, accidents and unsafe
conditions.
[Ord. No. OR:12/15]
Retail stores within the Borough of Watchung shall be closed
to the public at 10:00 p.m. on the night of the Thanksgiving Holiday,
and may open at 12:00 a.m. on the Friday after the Thanksgiving Holiday.
[Ord. No. OR:12/15]
The provisions of this section shall be enforced by the Police
Department of the Borough of Watchung.
[Ord. No. OR:12/15]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. OR:13/16]
a. The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer.
b. Smoking is the leading cause of death in the United State and the
United States Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is a top national healthcare priority.
c. Pursuant to N.J.S.A. 40:48-1 and 40:48-2, the Borough of Watchung
has the authority to adopt ordinances for the public health, safety
and welfare of the Borough.
d. The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) ("NJSFA") specifically
authorizes local restrictions on smoking "equivalent to, or greater
than those provided" in the NJSFA for purposes of "protecting public
health."
[Ord. No. OR:13/16]
As used in this section, the following terms shall have the
following definitions:
ELECTRONIC SMOKING DEVICE
Shall mean an electronic device that can be used to deliver
nicotine or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo
or pipe.
MUNICIPAL PROPERTY
Shall mean all publicly owned or leased building or structures,
including all areas adjacent to such facilities including, but not
limited to, any parking areas, driveways or drive aisles.
PARKS AND RECREATIONAL FACILITIES
Shall mean all public parks, playgrounds, or ball fields,
publicly owned or leased by the Borough of Watchung upon which the
public is invited or upon which the public is permitted and where
individuals gather for recreational activities, including all areas,
adjacent to such facilities including, but not limited to, any parking
areas, driveways or drive aisles.
SMOKELESS TOBACCO PRODUCTS
Shall mean all products containing tobacco including, but
not limited to, chewing tobacco, snuff, snus, dissolvable tobacco
products, and new and emerging tobacco products, intended for human
consumption, whether chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means. It does not include medically
prescribed smoking cessation products.
SMOKING
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe or other
matter or substance which contains tobacco or any other matter that
can be smoked, or the inhaling or exhaling of smoke or vapor from
an electronic smoking device.
[Ord. No. OR:13/16]
a. No person shall smoke or use smokeless tobacco products while in
or on any and all Borough of Watchung buildings or structures, including
adjacent parking lots and in any and all of the Borough parks, recreational
areas and adjacent parking lots whether owned, leased or utilized
by the Borough.
b. No person shall smoke or use smokeless tobacco products in any vehicle
owned or leased by the Borough of Watchung.
c. A sign indicating that such property is a designated smoke-free zone
shall be clearly and conspicuously posted at all locations where smoking
is prohibited by this section.
[Ord. No. OR:13/16]
This section shall be enforced by the Police Department and/or
the Health Officer of the Borough of Watchung.
[Ord. No. OR:13/16]
Because this section provides restrictions on or prohibitions
against smoking equivalent to, or greater than, those provided under
the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.), any
person convicted to be in violation of this section shall be subject
to a fine pursuant to N.J.S.A. 2C:33-13b and/or N.J.S.A. 26:3D-62
as same may be amended from time to time.
[Ord. No. OR:13/16]
Any existing ordinances or parts of ordinances which are inconsistent
with this section are hereby repealed but only to the extend of such
inconsistency.
[Ord. No. OR:13/16]
This section shall take effect immediately upon final passage
and publication according to law.
Section
6-12 was adopted October 10, 2013 by Ord. No. OR:13/16.
[Ord. No. 2016-15 § 1]
For purposes of this section:
CRIB
Shall mean any bed with barred or latticed sides designed
for an infant or toddler.
CRIB BUMPER PAD
Shall mean any padding material, including but not limited
to a roll of stuffed fabric or breathable liner, which is designed
for placement within a crib to cushion one or more of the crib's
inner sides adjacent to the crib mattress. "Crib bumper pad" does
not mean or include mesh liners.
[Ord. No. 2016-15 § 2]
No person shall expose for sale, sell, lease, offer for sale
or offer for lease any crib bumper pad as a separate item or as an
accessory to a crib within the Borough of Watchung.
[Ord. No. 2016-15 § 3]
This section shall be enforced by the Health Officer of the
Borough or the Health Officer's designee.
[Ord. No. 2016-15 § 4]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. 2016-14]
ANIMAL CARE FACILITY
Shall mean an animal control center or animal shelter, maintained
by or under contract with any State, County, or municipality, whose
mission and practice is, in whole, or significant part, the rescue
and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Shall mean any not-for-profit organization which has tax-exempt
status under Section 501(c)(3) of the United States Internal Revenue
Code, whose mission and practice is, in whole or in significant part,
the rescue and placement of animals in permanent homes.
CAT
Shall mean a member of the species of domestic cat, Felis
catus.
DOG
Shall mean a member of the species of domestic dog, Canis
familiaris.
OFFER FOR SALE
Shall mean to sell, offer for sale or adoption, advertise
for the sale of, barter, auction, give away or otherwise dispose of
a dog or cat.
PET SHOP
Shall mean a retail establishment where dogs and cats are
sold, exchanged, bartered or offered for sale as pet animals to the
general public at retail. Such definition shall not include an animal
care facility or animal rescue organization, as defined.
[Ord. No. 2016-14]
a. A pet shop may offer for sale only those dogs and cats that the pet
shop has obtained from or displays in cooperation with:
1. An animal care facility; or
2. An animal rescue organization.
b. A pet shop shall not offer for sale a dog or cat that is younger
than eight weeks old.
[Ord. No. 2016-14]
A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to law enforcement and submitted annually, before the last day of January of each year along with the kennel, pet shop, shelter, or pound license application as required in subsection
10-3.1 of the Revised General Ordinances of the Borough, to the Borough Clerk. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage.