Borough of North Plainfield, NJ
Somerset County
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Table of Contents
Table of Contents
[1]
Editor's Note: For removal of hazards including brush, weeds and debris, see Chapter 11, Property Maintenance, Article II, § 11-10. For the prohibition of cruelty to dogs used by the Police Department, see Chapter 5, Subsection 5-1.24
[Ord. #88-7, S 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOROUGH
Shall mean the Borough of North Plainfield.
ELEMENTS
Shall mean atmospheric agencies or forces such as, but not necessarily limited to, wind, rain and snow.
GARBAGE
Shall mean wastes resulting from the handling, preparation, cooking and consumption of food and wastes from the handling, storage and sale of produce.
HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by United States mail, including but not limited to those which:
a. 
Advertise for sale any merchandise, product, commodity, or thing; or
b. 
Direct attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
c. 
Direct attention to or advertise 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.
LITTER
Shall mean garbage, refuse, rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
PERSON
Shall mean any individual, natural person, partnership, joint venture, society, association, club, trustee, trust, corporation, or unincorporated group.
PRIVATE PREMISES
Shall mean all property including, but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, alleys or other public ways, lakes, rivers, watercourses or fountains and any and all public parks, squares, spaces, grounds, and buildings.
PUBLIC RECEPTACLES
Shall mean any receptacles provided by or authorized by the Borough.
REFUSE
Shall mean combustible trash, including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible trash, including, but not limited to, metals, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other mineral waste; street rubbish, including but not limited to, street sweepings, dirt, leaves, catch-basin dirt, contents of litter receptacles, provided, refuse shall not include earth and any wastes from building operation, nor shall it include solid wastes resulting from industrial processes and manufacturing operations.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon land or water.
[Ord. #88-7, S 2]
No person shall deposit any litter in or upon any public place or private premises within the Borough except in public receptacles or in authorized private receptacles for collection. No person shall deposit litter in any private receptacle without the permission of the owner or person in control of the premises upon which such receptacle is located. No person shall deposit litter generated and/or created on private premises in any public receptacle.
[Ord. #88-7, S 3]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent litter from being carried or deposited by the elements upon any public place or private premises.
[Ord. #88-7, S 4]
No person shall upset or tamper with a public or private receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.
[Ord. #88-7, S 5]
Persons owning, occupying or in control of any public place or private premises shall keep the sidewalks and alleys adjacent thereto free of litter.
[Ord. #88-7, S 6]
a. 
The owner or person in control of any private premises shall at times maintain the premises free of litter.
b. 
The owner or person in control of private premises shall maintain thereon private receptacles for collection of litter of such type and kind, and in such a manner, that litter will be prevented from being carried or deposited by the elements upon any public place or private premises.
[Ord. #88-7, S 7]
a. 
No person, while the operator of or passenger in a vehicle, shall deposit litter upon any public place or private premises.
b. 
No person shall drive or move any loaded or partly loaded vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any part of its load, contents or litter from being blown or deposited upon any public place or private premises. Nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any public place or private premises, mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. #88-7, S 8]
No person shall deposit litter in any park within the Borough except in receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any other public place or private premises. Where receptacles are not provided, all such litter shall be removed from the park by the person responsible for its presence and properly disposed of elsewhere in a lawful manner.
[Ord. #88-7, S 9]
a. 
Public Places. No person shall deposit or sell any handbill in or upon any public place; provided, however, that it shall not be unlawful in any public place for any person to hand out or distribute without charge to the receiver, any handbill to any person willing to accept it.
b. 
Private Premises. No person shall deposit or sell any handbill in or upon any private premises, except by handing or transmitting any such handbill directly to the occupant of such private premises, provided, however, that in case of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by anyone upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any public place or other private premises, except mailboxes may not be so used when prohibited by Federal postal law or regulations.
c. 
Vehicles. No person shall deposit any handbill in or upon any vehicle unless the occupant of a vehicle is willing to accept it.
d. 
Cleanup. It shall be the responsibility of any person distributing handbills to maintain the area which they are utilizing free of any litter caused by or related to said handbill distribution.
e. 
Exemption for Newspapers, Political and Religious Literature. The provisions of this section shall not apply to the distribution upon private premises only of newspapers, or political or religious literature; except that newspapers, political and religious literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or other private premises.
[Ord. #88-7, S 10; Ord. #05-01]
No person shall post or affix or cause to be posted or affixed a notice, poster or other paper or device, calculated to attract the attention of the public, to a lamppost, public utility pole or shade tree or upon any public structure or building, whether in a public right-of-way and/or private property except as may be authorized in writing by the owners thereof or required by law.
[Ord. #89-14, S 1; Ord. No. 2018-07]
a. 
Application for municipal consent for the placement of roll-off dumpsters or containers on or along public highways or public property shall be made in writing to the Chief of Police on a form prescribed by him. The application shall be in the name of the owner of the property to be serviced by the roll-off dumpster or container and shall include:
1. 
The address of such property;
2. 
The residence address of the owner of the property;
3. 
The period of time for which consent is sought;
4. 
The name and address of the person owning and/or controlling the roll-off dumpster or container;
5. 
A description of the dimensions, weight, and rails of the roll-off dumpster or container, and of the nature and quantity of material intended to be placed therein; and
6. 
A sketch of the intended placement of the roll-off dumpster or container.
b. 
The Chief of Police shall refer the application to the Director, Department of Public Works, for an evaluation of whether or not utilization of the roll-dumpsters or container will probably result in damage to the highway or public property. If the Director, Department of Public Works, concludes that such damage is probable, consent shall not be granted.
c. 
The Chief of Police shall cause the application to be evaluated for public safety and should he determine that public safety would be endangered by the granting of consent, such consent shall not be granted.
d. 
In the event the Director, Department of Public Works, shall determine that damage to the highway or public property is not probable and the Chief of Police shall determine that public safety will not be endangered, the Chief of Police shall grant written consent provided, however, should the Director, Department of Public Works, recommend conditions to protect against damage to the highway or public property, the consent granted shall include and be subject to such conditions.
e. 
The applicant shall be responsible to comply with all provisions of N.J.S.A. 27:51-1 and all provisions and conditions of the consent.
f. 
There shall be a non-refundable application fee of $50 payable upon the filing of the application.
g. 
The applicant shall, as a condition precedent to the issuance of the consent, post a deposit of $200, by cash or certified funds, to insure against damage to the highway or public property and compliance with all terms of the consent. The applicant shall be responsible for any costs incurred by the municipality in repairing any damage or curing any failure to comply with the terms of the consent. The deposit shall be utilized as payment towards satisfaction of costs, or returned to the applicants upon written certification by the Director, Department of Public Works and the Chief of Police, that there were no costs or that any costs have been satisfied.
[Ord. #90-21, S 1]
Litter receptacles shall be provided and serviced at all of the following locations within the Borough: pedestrian walkways at or in shopping malls; 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 bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The owners, proprietors, and/or persons in control of these locations, and/or the sponsors of these events, shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
[Ord. #717, S 1]
As used in this section:
DRUG PARAPHERNALIA
Shall mean all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of law. It shall include but not be limited to:
a. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
b. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled dangerous substances;
c. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled dangerous substance;
d. 
Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
e. 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled dangerous substances;
f. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled dangerous substances;
g. 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
h. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled dangerous substances;
i. 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled dangerous substances;
j. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled dangerous substances;
k. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled dangerous substances into the human body;
l. 
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
1. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. 
Water pipes;
3. 
Carburetion tubes and devices;
4. 
Smoking and carburetion masks;
5. 
Roach clips, meaning objects used to hold burning material, such as marijuana cigarette, that has become too small or too short to be held in the hand;
6. 
Miniature cocaine spoons, and cocaine vials;
7. 
Chamber pipes;
8. 
Carburetor pipes;
9. 
Electric pipes;
10. 
Air-driven pipes;
11. 
Chillums;
12. 
Bongs; and
13. 
Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (i) statements by an owner or by anyone in control of the object concerning its use; (ii) the proximity of the object, in time and space, to a direct violation of law; (iii) the proximity of the object to controlled dangerous substances; (iv) the existence of any residue of controlled dangerous substances on the object; (v) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (vi) instructions, oral or written, provided with the object concerning its use; (vii) descriptive materials accompanying the object which explain or depict its use; (viii) national and local advertising concerning its use; (ix) the manner in which the object is displayed for sale; (x) whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (xi) direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise; (xii) the existence and scope of legitimate uses for the object in the community; and (xiii) expert testimony concerning its use.
[Ord. #717, S 2]
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of law.
[Ord. #717, S 3]
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of law.
[Ord. #717, S 4]
It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under the circumstances where one reasonably should know, that the purpose of the advertisement in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Ord. #603, S 1]
It shall be unlawful for any person to fire or discharge any shotgun, pistol, rifle, revolver, cannon or other firearms: hand grenade, rocket, air rifle, air gun, gas gun, etc.; or other contrivance in which bullets, cartridges, or any other explosive is used or pellets are projected by air, gas or a spring, within the confines of the Borough except as follows: Target practice shall be permitted at any indoor or outdoor pistol or rifle range which may be already established or that may hereafter be established with the permission of the Council, after such Council has caused an investigation of the proposed indoor range be made by the Chief of the Police Department and Construction Official who shall determine that the safety, health or welfare of the inhabitants of the Borough will not be endangered, provided, however, that should any pistol or rifle range now or hereafter established become or constitute a menace to the safety, health or welfare of the inhabitants of the Borough, the Council may revoke such permission and order such range closed for target practice until such menace to safety, health or welfare has been rectified.
[Ord. #603, S 2]
It shall be unlawful for any person to possess or carry any shotgun, pistol, rifle, revolver, or any other contrivance prohibited by Subsection 3-3.1 hereof within the confines of the Borough when such shotgun, pistol, rifle, revolver or other contrivance is loaded and capable of being discharged.
[Ord. #677, S 3]
The provisions of this section shall not apply to the members of the Police Department of the Borough, the members of any municipal, county or State of New Jersey Police Department, detectives of the Office of the Prosecutor of Somerset County or any other persons authorized by the Statutes of New Jersey to carry firearms, when the firearms shall be used in the performance of official duties or for a purpose permitted by the Revised Statutes of the State of New Jersey.
[Ord. #603, S 4; Ord. #677, S 2; Ord. #90-04, S 1; Ord. #91-06, S 1; Ord. No. 2018-07]
a. 
No person shall hereafter establish, manage, conduct or operate any lands or premises, buildings or any other real or personal property for target practice at any indoor or outdoor pistol or rifle range without first having obtained a license therefor from the Council of the Borough and having paid an annual license fee in the sum of $1,000 to the Borough.
[Ord. No. 2018-07]
b. 
Application for such license shall be made on or before June 1 of each year on a form approved by the Council and shall be signed and sworn to by the person actually engaged in the operation or maintenance of any indoor or outdoor pistol or rifle range within the geographical confines of the Borough.
c. 
All licenses hereunder shall be issued for one year commencing on July 1 and expiring 12:00 midnight, June 30, of the following year. All renewals shall be applied for and issued in similar manner as an original application and no license shall be issued hereunder unless and until the application therefor shall be investigated and have endorsed thereon or attached thereto, separate certifications by the Building and Zoning Inspector, the Chief of Police and the Fire Inspector of the Borough, that the premises sought to be licensed have been inspected and found to comply with the respective ordinances and requirements of the Borough.
d. 
No transfer of the license shall be permitted without having first obtained the approval of such transfer from the Borough Council.
[Ord. #382, S 8.23]
No person shall, within the limits of the Borough, fire or discharge any cannon, gun, revolver or toy pistol, or other appliance for discharging metal or paper caps such as are used in toy pistols, or any firearm of any description whether the same be loaded with blank or full charge; provided that this Subsection shall not apply to persons engaged in military exercises or to members of the Police Department while on duty or other use of a revolver, pistol or other firearm in defense of life or property.
[Ord. #708, S 1]
No person shall hunt animals or birds with firearms, bow and arrows, or any other system of projectiles within the Borough.
[Ord. #708, S 2]
No person shall set or use a trap of any kind designed or intended to take hold, capture, injure or kill any bird or animal within the Borough except as provided herein:
a. 
The owner or tenant of property within the Borough may trap animals or birds within any building on the property of which he is owner or tenant provided the trapping is for the purpose of protecting health or property; and
b. 
The owner or tenant of property within the Borough may trap animals or birds on the property of which he is owner or tenant outside the confines of any building on the property, provided the trapping is for the purpose of protecting health or property and provided, further, that only cage-type traps designed to capture animals or birds alive and without injury are utilized.
[Ord. #641; Ord. No. 2018-07; amended 1-13-2020 by Ord. No. 19-12]
All persons riding or propelling or walking bicycles upon any public street, public way, public thoroughfare, public property and/or public place within the Borough shall observe the motor vehicle and other applicable laws of the State of New Jersey and the ordinances, resolutions, rules, regulations and/or policies of the Borough insofar as the same shall be related to the operation of bicycles. Any person failing to comply with the motor vehicle laws and other applicable laws of the State of New Jersey and/or ordinances, resolutions, rules, regulations and/or policies of the Borough shall be subject to the provisions of Subsection 3-5.2 below.
Any violation of this section shall be governed by the provisions of § 1-5 of the Borough Code and all other applicable provisions of state law and Borough Code.
[Ord. #560, S 1]
As used in this section:
CART
Shall mean a hand-drawn or propelled vehicle or wheeled container made of metal, wood or other material such as is generally provided by merchants for carting or carrying merchandise or food stuffs to automobiles or other places.
PARKING LOT AND PUBLIC AREAS
Shall include all areas maintained by the owner for the parking of customers' cars, for the delivery and picking up of merchandise and all access ways thereto on the owner's property.
[Ord. #560, S 2]
The owner of shopping carts used in connection with any retail business and intended for use by patrons in carrying articles of merchandise shall within one hour of closing remove all shopping carts from their parking lots and either place the same within the confines of their buildings used in conjunction with the parking lots or secure by lock and chain the shopping carts in an orderly fashion in an area provided for this purpose.
It shall be unlawful for any owner or owners to permit to be left unattended on their parking lots or public areas any shopping carts after one hour of closing of the premises for business purposes.
[Ord. #382, S 8.7; Ord. #96-16, S 1; Ord. No. 2016-08]
As used in this section:
AUDIBLE, CLEARLY AUDIBLE OR PLAINLY AUDIBLE
Shall mean any sound that can be detected by a person using his or her unaided hearing faculties of normal acuity. The detection of a rhythmic bass component of any music is sufficient to verify an audible, clearly audible or plainly audible sound, but a person detecting such sound need not determine a title, specific words or the artist performing the music for such to be audible, clearly audible or plainly audible.
NOISE
Shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
SOUND
Shall mean an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
[Ord. #382, S 8; Ord. #740, S 1; Ord. No. 2016-08]
a. 
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
b. 
Radios; Televisions; Phonographs; Instruments.
It shall be unlawful for a person to make, continue or cause to be made or continued the playing, use or operation of any radio receiving set, television, amplified or unamplified musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or the public. The operation of such a machine or device so that it is clearly audible at a distance of 100 feet from the building in which it is located, or outdoor space in which it is operated, shall be prima facie evidence of a violation of this section.
c. 
Portable Powered Tools, Machines and Devices.
It shall be unlawful for a person to make, continue or cause to be made or continued the operation of any portable powered saw, hammer, compressor or other tool, machine or device, whether powered by internal combustion, compressed air or electrical or other power source, in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or the public except between the hours of 8:00 a.m. to 8:00 p.m. Monday through Thursday, 8:00 a.m. to 8:00 p.m. on Friday and Saturday, and 10:00 a.m. to 8:00 p.m. on Sunday. The operation of such a tool, machine or device so that it is clearly audible at a distance of 100 feet from the building in which it is located, or outdoor space in which it is operated, shall be prima facie evidence of a violation of this section.
d. 
Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air by any non-profit organization, Board of Education or Borough of North Plainfield organized or sponsored program, activity or event, or by any other public program, activity or event, provided, however, that prior approval therefor has been obtained from the Borough of North Plainfield.
[Ord. #382, S 8.12]
No person shall throw any stones, sticks, glass, metal or any hard, dangerous or offensive substance into any street, by-way or public place, or at any car, vehicle, house, building, fence or person within the Borough limits.
[Ord. #382, S 8.18]
No person shall, on any street, road, avenue, park or other public place within the limits of 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 to or gain passengers for any cab, taxi-cab, hack or omnibus.
[Ord. #382, S 8.19]
It shall be unlawful for any person to use a mobile loud speaker or sound vehicle, commonly known as a sound truck or sound wagon, on the public streets within the corporate limits of the Borough; except, that this prohibition shall not apply to the Police Department, Fire Department and the Red Cross, or any association incorporated or unincorporated, organized for the benefit of the public welfare and relief, during the course of an emergency or when the use of such loud speaker or sound vehicle is directly connected with such public work or relief, nor to the use of loud speakers or sound trucks to amplify and project music from records or amplify and project other musical productions in connection with any public parade or event, when such public parade or event is sponsored by the Borough of North Plainfield and then only on the legal holidays of May 30, July 4 and November 11. The exceptions shall not be deemed to permit any commercial advertising or commercial use of such sound trucks at any time.
[Ord. #382, S 8.24; New]
No person shall, within the limits of the Borough, fire or discharge any fire cracker, torpedo or firework of any kind, provided, however, that at any time the Fire Official may upon written application give permission for the display and discharge of fireworks at a time and place to be specified and under the direction of a person to be named in the written permit issued by the Fire Official.
[Ord. #382, S 8.29]
No person shall tether any horse or any other domestic animal on or upon any street, alley, or other public place within the Borough limits, nor shall any person permit his horse or other domestic animal to feed upon any public place in the Borough, either in charge of any person or not, nor shall any person lead or drive any such animal through or along any street or public place in the Borough unless securely held in leash or lead or driven with a halter to it as a secure means to keep such animal from straying.
[Ord. #382, S 8.31]
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, highway 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 and the time 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, highway 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 good 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.
[Ord. #95-19, S 1]
No person shall urinate, defecate or expectorate outdoors on any property, or in any public street, sidewalk or in any other public place or in any other place open to or used by the public.
[Ord. #04-13]
a. 
No person shall be permitted to so occupy any place to which the public has access, which includes, but is not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area as to be likely to cause substantial harm to him or herself or other persons or as to be likely to interfere with or interrupt the passage of other persons or of vehicles.
b. 
A law enforcement officer engaged in executing or enforcing the law may order the person to disperse. A person who refuses or knowingly fails to obey such an order commits a violation of the subsection.
[Ord. #721, S 1]
No person shall consume any alcoholic beverage or have in his possession any open container with an alcoholic beverage therein:
a. 
While in or on any public street or thoroughfare, sidewalk, public parking place, park, playground, recreation area, school building or grounds, or any other public or quasi-public place, or in any public conveyance, or
b. 
While in a motor vehicle while the same is in motion, standing or parked, in any public street or thoroughfare, or public parking lot or other public or quasi-public place.
[Ord. #721, S 2]
No person shall discard any alcoholic beverage containers upon any public street or thoroughfare, sidewalk, public parking place, park, playground, recreation area, school building or grounds, or any other public or quasi-public place, or upon any private property not his own without the express permission of the owner.
[Ord. #721, S 3]
No person shall sell, distribute, transfer, give, or by any other means supply any alcoholic beverage to any person under the legal age to purchase alcoholic beverages, in any public or quasi-public place or while in or on a public street or thoroughfare or while in a vehicle, be it moving, parked or standing, on any public street or thoroughfare. This provision shall not apply to the supplying of an alcoholic beverage in a place of worship as part of a religious ceremony.
[Ord. #721, S 4]
As used in this section:
OPEN CONTAINER
Shall mean any container which has an aperture which is not covered by a cork, cap, top, or other device which would prevent liquid in the container from flowing therefrom if the container were held in a position for pouring.
[Ord. #721, S 5]
Notwithstanding any of the terms and provisions contained herein, the Council of the Borough or the Board of Education of the Borough may, for good cause, issue a permit for the possession and consumption of alcoholic beverages in a designated park or other public place within their respective jurisdictions at designated time or times in connection with a particular event. The permit shall be granted only upon submission to the appropriate body of a written request for such a permit, setting forth the nature of the event, the location of such event, the time and place of the event, and the organization sponsoring the event.
[Ord. #721, S 6]
Nothing herein contained shall be construed to prevent the possession and consumption of alcoholic beverages in open containers on premises properly licensed under the provisions of the Alcoholic Beverage Control law.
[Ord. #657, S 1; Ord. #657A-85-28, S 1; Ord. No. 2018-07]
Any person who shall park a vehicle in, on or adjacent to any duly established fire lane, or who shall by any means whatsoever obstruct a duly established fire lane shall be subject to a fine of $50.
[Ord. #95-21, S 1; Ord. #00-14, S 1; Ord. #01-02; Ord. #05-09]
In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Drug-Free School Zone Map produced and certified by Borough Engineer Herbert A. Lauterwald, P.E., on October 28, 1987, and revised on May 20, 1988, June 29, 1995, August 31, 2000, November 20, 2000 and January 17, 2005 is hereby approved and adopted as an official finding and record of the locations and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property. A copy of said map is on file in the office of Clerk of the Borough of North Plainfield.
[Ord. #95-21, S 1]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-10.1 of this § 3-10 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.
[Ord. #95-21, S 1]
The School Board, or 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 Borough Attorney for any changes or contemplated changes in the location and boundaries of any property owned or leased to any elementary or secondary school or school board which is used for school purposes.
[Ord. #95-21, S 1]
The Borough Clerk is hereby directed to receive and to keep on file the original map approved and adopted pursuant to Subsection 3-10.1 of this § 3-10, 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 Somerset County Prosecutor.
[Ord. #95-21, S 1]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-10.1 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:
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 a school board;
3. 
That 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.
b. 
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 L. 1987, c. 101 (N.J.S.A. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44 (N.J.S.A. 2C:35-7, 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 that statute, including use of maps or diagrams other than the one approved and adopted pursuant to Subsection 3-10.1 of this § 3-10. 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, 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.
d. 
All of the requirements set forth in L. 1988, c. 44 (N.J.S.A. 2C:35-7, et seq.), concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been satisfied.
[Ord. #96-32, S 1]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings:
BAR
Shall mean any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirit drinks and spirits for consumption on the premises.
DISTRIBUTE
Shall mean to deliver, dispense, give, issue or sell or offer to permit to deliver, dispense, give, issue or sell.
ESTABLISHMENT
Shall mean any physical facility located in the Borough and operated by a commercial enterprise, nonprofit entity, government agency or other person.
PUBLIC OFFICER
Shall mean the Health Officer, Sanitarian, a Police Officer or other individual designated by the Mayor to enforce the provisions of this section.
LOCKING DEVICE
Shall mean any mechanical, electronic or other device installed on a tobacco vending machine which is controlled by the tobacco retailer or his or her designated adult employee or agent over the age of 18 years of age.
MINOR
Shall mean an individual who is less than 18 years of age.
PERSON
Shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
RESTAURANT
Shall mean any place licensed by the State of New Jersey or by the Borough to sell food.
SELF-SERVICE TOBACCO DISPLAY
Shall mean any shelving or storing of tobacco in a location or area of an establishment to which any person shall have access to tobacco products without assistance.
TAVERN
Shall mean any place licensed by the State of New Jersey to primarily sell at retail beer, wine, mixed spirit drinks and spirits for consumption on the premises.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use include, but not limited to, cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or establishment that operates a store, stand, booth, concession, or place at which sales of tobacco are made to purchasers for consumption or use. Tobacco Retailer shall also mean any person or entity that owns, operates or uses a tobacco vending machine and/or a tobacco vending machine location.
VENDING MACHINE
Shall mean any automated, self-service device which upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
Shall mean the room, space or area where a tobacco vending machine is installed and operated.
[Ord. #96-32, S 1]
It shall be unlawful for any tobacco retailer to sell or distribute tobacco to any minor.
[Ord. #96-32, S 1]
It shall be unlawful for any tobacco retailer to sell or distribute tobacco to any person without requesting and examining identification from that person which positively establishes that person's age as 18 years or greater, unless the tobacco retailer has some other conclusive basis for determining that the person is at least 18 years of age.
[Ord. #96-32, S 1]
Except as otherwise provided in this section, all tobacco vending machines are hereby prohibited within the Borough.
[Ord. #96-32, S 1]
Self-service tobacco displays are hereby prohibited in all bars, restaurants, taverns and other retail establishments located within the Borough.
[Ord. #96-32, S 1]
Any tobacco retailer who owns, operates or uses any tobacco vending machine duly licensed as of February 1, 1997 may make written application, on a form to be supplied by the Borough, for a license to own, operate or use such tobacco vending machine. Upon receipt of such application, the Borough council shall request a written report from the Public Officer and Police Chief regarding the nature of the establishment and the vending machine location. Following receipt of such reports, the Borough council shall conduct a formal hearing and consider such evidence as it deems appropriate in order to determine if the tobacco vending machine location is such that minors will not have access thereto at any time. If, following such hearing, the Borough Council determines that such is the case, it shall direct the Borough Clerk to issue a license for said tobacco vending machine. No license shall issue pursuant to this subsection unless and until the tobacco retailer first installs a locking device on the tobacco vending machine to be licensed. The tobacco retailer shall pay an annual licensing fee of $100 for each such tobacco vending machine licensed pursuant to this subsection to offset the costs of inspection, licensing and enforcement.
[Ord. #96-32, S 1]
It shall be unlawful for any person to remove, disconnect, tamper with or otherwise disable any locking device installed on a tobacco vending machine pursuant to Subsection 3-11.6.
[Ord. #96-32, S 1]
Any person may file a complaint in the Municipal Court of the Borough for any violation of this section. Each sale of tobacco to a minor shall constitute a separate offense under this section. Any person who violates any provision of this section shall, upon conviction, be subject to the penalty provisions of N.P.R.G.O. Section 1-5 for each violation.
[Ord. #96-32, S 1]
In addition to the penalties provided in Subsection 3-11.8, the Borough Council may suspend the retail food establishment license for any person convicted of a violation of this section for a period of not more than three days.
[Ord. #96-32, S 1]
All tobacco vending machines and self-service displays made unlawful pursuant to this section shall be removed by March 1, 1997; provided, however, that the Public Officer, for good cause shown, may extend the time for removal for up to an additional 30 days to enable the tobacco retailer to make application for a license pursuant to Subsection 3-11.6.
[Ord. #00-15; Ord. #01-03; Ord. #05-10]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the Drug-Free Public Parks and Public Buildings Map produced and certified by Borough Engineer Herbert A. Lauterwald, P.E., on August 31, 2000 and revised on November 20, 2000 and January 17, 2005 is hereby approved and adopted as an official finding and record of the locations and areas within the Borough of any public parks and public buildings as defined by N.J.S.A. 2C:35-7.1, and of the areas on or within 500 feet of such public parks or public buildings. A copy of said map is on file in the office of Clerk of the Borough of North Plainfield.
[Ord. #00-15]
The Drug-Free Public Parks and Public Buildings Map approved and adopted pursuant to Subsection 3-12.1 of this § 3-12 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of any public parks and public buildings as defined by N.J.S.A. 2C:35-7.1, 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 public buildings.
[Ord. #00-15]
The Borough Clerk is hereby directed to receive and to keep on file the original map approved and adopted pursuant to Subsection 3-12.1 of this § 3-12, 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 Somerset County Prosecutor.
[Ord. #00-15]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-12.1 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:
1. 
The location of any public parks and public buildings as defined by N.J.S.A. 2C:35-7.1 within the Borough;
2. 
The boundaries of the real property which constitute Public Parks and Public Buildings as defined by N.J.S.A. 2C:35-7.1;
3. 
That such property is and continues to be used as Public Parks and Public Buildings as defined by N.J.S.A. 2C:35-7.1;
4. 
The location and boundaries of areas which are on or within 500 feet of such property.
b. 
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, 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 that statute, including use of maps or diagrams other than the one approved and adopted pursuant to Subsection 3-12.1 of this § 3-12. The failure of the map approved herein to depict the location and boundaries of any public parks and public buildings as defined by N.J.S.A. 2C:35-7.1, 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 a public park or public building as defined by N.J.S.A. 2C:35-7.1.
c. 
All of the requirements set forth in N.J.S.A. 2C:35-7.1, et seq., concerning the preparation, approval and adoption of a Drug-Free Public Parks and Public Buildings Map have been satisfied.
[Ord. #04-12]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein:
GUARDIAN
Shall mean a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
Shall mean an individual who is under the age of 18 years as of his/her last birthday prior to the date of the violation of this section, but does not include a judicially emancipated minor or married minor.
KNOWINGLY
Shall mean knowledge which a parent or guardian is reasonably expected to have concerning the whereabouts of a juvenile in his or her legal custody.
PUBLIC PLACE
Shall mean any place to which the public has access, including but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
[Ord. #04-12]
No juvenile shall be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, by a direct route, within 30 minutes of the conclusion of, a business or occupation which the laws of this State authorize a juvenile to perform.
[Ord. #04-12]
No parent or guardian of a juvenile shall knowingly allow an unaccompanied juvenile to be on any public street or in any public place between the hours of 10:00 p.m. and 6:00 a.m. unless engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform.
[Ord. #04-12]
Notwithstanding the provisions of this section, a juvenile shall be permitted to:
a. 
Engage in and travel to and from, by a direct route, errands involving medical emergencies or reasonable necessities after 10:00 p.m. and before 6:00 a.m.;
b. 
Attend and travel to and from, by a direct route, within 30 minutes of the conclusion of, extracurricular school activities, or other cultural, educational and social events, sponsored by religious or community-based organizations after 10:00 p.m. and before 6:00 a.m.;
c. 
Assemble on the sidewalk that abuts the juvenile's residence or the sidewalk that abuts the residence of the next-door neighbor only if the neighbor did not object to the juvenile's presence on the sidewalk.
[Ord. #04-12]
Notwithstanding the provisions of this section, a juvenile shall not be in violation of this section if the juvenile carries on his or her person a special permit from the Chief of Police which has been issued upon written application signed by the juvenile for his/her use only and by the juvenile's parent or guardian, which application includes: (i) the name, address and telephone number of the juvenile, the name address and telephone number of the juvenile's parent or guardian, the height, weight, sex, eye color, hair color and other physical characteristics of the juvenile; and, (ii) the necessity which requires the juvenile to present on the public street or in the public place and the beginning and ending of the period of time involved by date and hour. The Chief of Police may grant a permit, in writing, for the use by and only by the designated juvenile of such streets or places and upon such hours as, in the opinion of the Chief of Police, may be reasonably necessary. In the case of an emergency, this may be accomplished by telephone or other effective communication, with corresponding record being made contemporaneously by the Chief of Police or by his designee.
[Ord. #04-12]
Violators of this section shall be required to perform community service and may be subject to a fine of up to $1,000. If both a juvenile and the juvenile's parent or guardian violate such an ordinance, they shall be required to perform community service together.
[Ord. #04-22; Ord. No. 2018-07]
Any person, company, business or other applicable entity who operates, maintains and/or owns any alarm device or local alarm designed to summon the Police Department, Fire Department or other governmental agency to any location in response to any type of alarm signal shall be responsible for the proper functioning of the equipment and for any false alarm, as more specifically defined in Subsection 3-14.2, there shall be assessed the following penalties:
a. 
For the first three false alarms in any period of 12 consecutive months, a written warning shall be issued to the property owner or business proprietor for each said false alarm.
b. 
For the fourth false alarm in any period of 12 consecutive months, the property owner or business proprietor shall pay a fine of not less than $100 to the Borough.
[Ord. No. 2018-07]
c. 
For the fifth false alarm in any period of 12 consecutive months, the property owner or business proprietor shall pay a fine of not less than $200 to the Borough.
[Ord. No. 2018-07]
d. 
For the sixth false alarm in any period of 12 consecutive months, the property owner or business proprietor shall pay a fine of not less than $300 to the Borough.
[Ord. No. 2018-07]
e. 
For the seventh and subsequent false alarms in any period of 12 consecutive months, the property owner or business proprietor shall pay a fine of not less than $750 to the Borough for each such false alarm. In addition, commencing with the seventh false alarm and every subsequent false alarm in any period of 12 consecutive months, the Borough shall have the right to require disconnection of the device for a limited or permanent period of time, provided, however, that the property owner or business proprietor shall be given written notice of the intended disconnection and shall have an opportunity, within 30 calendar days of said notice, to show cause before the Borough Council or their designee why such action should not be taken.
[Ord. No. 2018-07]
f. 
In the case of any false alarm, upon written notice from the Borough Chief of Police, or his or her designee, the owner of the device shall, within three business days of such notice, provide a written report setting forth the cause or cause(s) of the false alarm(s), the corrective action taken, a statement as to whether the alarm system has been inspected by an alarm service company, and such other information as the Borough Police Department may reasonably require.
[Ord. #04-22]
For purposes of this section, a false alarm shall be defined as any alarm or signal activated or transmitted by inadvertent, negligent, unintentional or intentional act or omission of a person (caused or transmitted other than by an intruder), and shall include alarms caused by malfunctioning of the alarm device or other related equipment. False alarms shall not include:
a. 
Activation caused by power or phone line interruptions when such interruptions have been reported to the New Jersey State Police.
b. 
An alarm which is cancelled by the owner or agent, prior to the time the responding officer is dispatched to the alarm site.
c. 
When the responding officer finds evidence of a criminal offense or an attempted criminal offense or calamity, such as fire damage by natural elements.
[Ord. #04-22]
Any owner or operator or other applicable entity of an alarm system or device designed to summon the Police Department, Fire Department or other governmental agency to any location in response to any type of alarm signal shall be deemed as having consented to inspection of the premises on which the alarm devices are installed at reasonable hours by the Borough Police Department or Borough Fire Department or its agent(s) or designee(s).
[Ord. #04-22]
Any such owner or operator or other applicable entity of an alarm system who shall fail to respond to the premises when notified by the police of the fact of any alarm, either in person or by designated and authorized agent, shall be in violation of this section. Failure to respond shall be deemed to constitute an additional false alarm, resulting in the payment of an additional fine. Notification shall be deemed to be complete when made by the police by telephone or other means to the subscriber/permittee or any person answering any telephone or at any address designated by the subscriber/permittee for notification in case of emergency.
[Ord. #04-22]
Any person testing an alarm system covered by the provisions of this section shall notify police headquarters immediately prior to and immediately after the testing is completed. Failure to do so shall constitute a violation of this chapter and subject such person to the general penalty provisions of the Code. In addition, such failure shall constitute a false alarm within the meaning of this section.
[Ord. #10-05]
a. 
Notwithstanding any other provision of law to the contrary, no person shall place, use and/or establish a clothing donation bin within the geographic boundaries of the Borough of North Plainfield.
b. 
All clothing donation bins currently existing within the geographic boundaries of the Borough of North Plainfield must be removed within 90 calendar days after the effective date of this section.
[Ord. #10-05]
Whenever it appears that a person has improperly placed and/or failed to remove a clothing donation bin in violation of Subsection 3-15.1 above, the person or entity who owns the clothing bin shall be issued a warning stating that if the clothing donation bin is not removed within 10 calendar days, the clothing bin will be seized and/or removed at the expense of the person or entity who owns the clothing bin, and any clothing or other donations collected via the clothing bin will be sold at public auction and/or otherwise disposed of. In addition to any other means used to notify the person or entity who owns the clothing bin, such warning shall be affixed to the exterior of the clothing bin itself. Any proceeds from the sale of the donations collected via the clothing bin shall be paid to the Borough's Chief Financial Officer for the benefit of the Borough.
[Ord. No. 2015-03]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious materials, gems, gemstones and/or other articles by requiring minimum reporting, maintenance and distribution criteria for secondhand and transient dealers.
No person shall use, exercise or carry on the business, trade or occupation of buying scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles, hereinafter referred to as "secondhand goods or articles," or being a secondhand dealer within the Borough of North Plainfield without having first obtained a license from the Borough of North Plainfield as set forth herein.
[Ord. No. 2015-03]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Words used in the present tense shall include the future, words in the plural number shall include the singular number and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.
ACCEPTABLE IDENTIFICATION
Shall mean acceptable forms of identification which include: a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US State, a valid United States Passport, or other verifiable U.S. government-issued identification.
ARTICLE
Shall mean any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof whether separable or not, and also including material for manufacture, and as so defined in N.J.S.A. 51:6-1.
CHIEF OF POLICE
Shall mean the Chief of Police of the Borough of North Plainfield or his designee/representative.
DATABASE
Shall mean a computerized internet capable database with hardware and software compliant to that set by the Chief of Police.
DEALER
Shall mean any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells or otherwise exchanges or trades secondhand gold, silver, precious metals, gems, or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
DESIGNATED VENDOR
Shall mean a person or entity that is appointed or designated by the Chief of Police who is authorized to collect and maintain precious metal transaction information, or other purchase information as defined herein, for the Borough of North Plainfield.
GIFT CARD
Shall mean a restricted monetary equivalent or script that is issued by retailers or banks to be used as an alternative to a non-monetary gift.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the Borough of North Plainfield or at varying locations within the Borough of North Plainfield.
PERSON
Shall mean any individual natural person, partnership, joint venture, business, society, associate, club, trustee, trust, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.
PRECIOUS METALS
Shall be comprised of gold, silver, platinum and/or their alloys as defined in N.J.S.A. 51:5-1, et seq., N.J.S.A. 51:6-1, et seq., and/or N.J.S.A. 51:6A-1, et seq. Gems, gemstones, coins and all forms of jewelry shall also be covered by this definition.
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
PURCHASE
Shall mean the exchange of money and the exchange, deposit, pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Shall mean every transaction conducted by a dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.
SECONDHAND GOODS
Shall mean any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, telephones and telephonic equipment, scales, computers, computer hardware and software, coins, electronic tablets, cameras, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles.
TRANSIENT BUYER
Shall mean a dealer who has not been in any retail business continuously for at least six months at any address in the Borough of North Plainfield where the dealer is required to register or who intends to close out or discontinue all retail business in the Borough of North Plainfield within six months of receiving a license, as defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
[Ord. No. 2015-03]
a. 
Initial License Application Process.
Every dealer intending on conducting business with the jurisdiction of the Borough of North Plainfield shall first make application to the Borough Clerk and shall set forth the name and address of dealer, his or her age, whether or not he or she is a citizen of the United States and whether or not he or she has been convicted of a crime, the place of conviction, and the date thereof.
A dealer of precious metals, gems or gemstones or secondhand goods shall, prior to buying, attempting to buy or offering to buy shall be required to be fingerprinted and shall consent to an investigation of the applicant's moral character and business responsibility as deemed necessary, by the North Plainfield Borough Police Department, for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership, or limited partnership, shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section.
Upon initial application to the Borough Clerk, each dealer shall be provided with an application prescribed by the North Plainfield Borough Police Department and shall provide the following information on said application:
1. 
Name and address of dealer;
2. 
Address from which dealer shall conduct business;
3. 
Copy of valid zoning and/or construction permits from the Borough of North Plainfield;
4. 
Proof that dealer has obtained computer equipment and software required in Subsection 3-16.6 of this section for purposes of reporting all transaction data in electronic format to the North Plainfield Borough Police Department.
b. 
Contingency. Upon completion of the investigation, the Chief of Police shall either approve or deny the license based upon the results of the North Plainfield Borough Police Department investigation. No license shall be issued without the approval of the Chief of Police or his or her designee.
c. 
Renewal.
All renewal applications are to be received in the Borough Clerk's office no later than January 10 of each year. In the event that the Dealer is a business entity other than a sole proprietorship, if the business entity took on a new officer(s) or partner(s) within the preceding year, the new officer(s)/partner(s) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with Paragraph a above, Initial License Application Process.
In the event a Dealer fails to file a Renewal application by January 31st of each year, the Dealer (applicant) will be assessed a $50 penalty.
In the event a Dealer fails to file a Renewal application after January 31 and after receiving notice by the North Plainfield Borough Police Department and given 10 business days to file such Renewal application, the Dealer license may be revoked following the process as outlined in Subsection 3-16.5 set forth below.
[Ord. No. 2015-03]
a. 
Each application for a dealer of secondhand goods license shall be accompanied by an annual fee of $300 payable to the Borough Clerk by January 10 annually.
b. 
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which said license is issued.
c. 
No license fee shall be prorated.
[Ord. No. 2015-03]
a. 
Licenses issued under the provisions of this section may be revoked by the Chief of Police after a hearing upon notice to the applicant for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for license;
2. 
Fraud, misrepresentation, or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and/or jewelry;
3. 
Any violation of this section;
4. 
Conviction of any crime or disorderly persons offense involving moral turpitude; and/or
5. 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five calendar days prior to the date set for the hearing.
[Ord. No. 2015-03]
Every dealer within the Borough of North Plainfield shall, upon the purchase of any precious metals, or secondhand goods from the public, be required to do as follows:
a. 
Record on a numbered receipt the name, address and telephone number of the purchaser; the name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq. This information is to be documented through use of an electronic database software system as designated by the Chief of Police. These records shall be subject to the inspection of any sworn police officer of the State of New Jersey.
b. 
Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 24 hours from the date of purchase. The information entered will contain the information in paragraph a above, plus the following:
1. 
A physical description of the seller;
2. 
The receipt number;
3. 
A full description of the item or items purchased, including but not limited to, marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers.
4. 
The price paid for the item;
5. 
The form must be signed by the seller;
6. 
The form must be legibly initialed by the clerk or the dealer who made the transaction so as to readily identify that individual;
7. 
A color photograph or color image of the seller's presented identification;
8. 
A color photograph or color image of all items sold. When photographing or imaging, all items must be positioned in a manner that makes them readily and easily identifiable.
9. 
Items should not be grouped together when photographing or imaging; each item will have its own color photograph or color image.
c. 
The precious metals are to be made available for inspection by the Chief of Police of the Borough of North Plainfield for a period of 10 calendar days from the date the information required above is received by the Chief of Police on the approved form. The precious metals shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the purchaser until the 10 calendar day period has expired. During this 10 calendar day period, the precious metals shall be placed in public view at the purchaser's place of business.
d. 
In the event of a database failure, or a dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all transaction information into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently be subject to the penalties for doing so.
e. 
Dealer payment to the sellers in cash shall be limited to two transactions during a seven calendar day period for the same seller. The seven calendar day period will commence on the day of the first transaction and end seven calendar days after the transaction (i.e., if transaction #1 occurs on Monday, the seven day period ends on Sunday). Furthermore, no cash payments shall be made to the same sellers who make more than five transactions in any given 30 calendar day period. Sellers making transactions over the number of prescribed weekly and monthly periods will be paid by the dealer by means of a bank check drawn from the dealer's business account.
f. 
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any sworn police officer of the State of New Jersey to examine any database, book, ledger, or any other record on the premises relating to the purchase of precious metals from the public, as well as the articles purchased or received, and to take possession of any article known by the police officer to be missing or to have been stolen, or where the police officer has probable cause to believe the article is missing or stolen.
[Ord. No. 2015-03]
This section shall not apply to purchases made by jewelers or other dealers from wholesalers or other suppliers, but shall only apply to those purchases made from the public or other retail purchases. The dealer shall keep records of all wholesale purchases for a period of five years from the date of such purchase, which records shall be opened to investigation by the North Plainfield Borough Police Department.
[Ord. No. 2015-03]
No dealer within the Borough of North Plainfield shall purchase any precious metals from any person under the age of 18 years.
[Ord. No. 2015-03]
Violations of any provision of this section shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days or a combination of the penalties. Each and every violation shall be considered a separate violation. Every day that a violation continues shall be a separate violation. Each violation shall result in an additional 10 calendar day suspension. Any person who is convicted of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2017-03]
The Borough Clerk of the Borough of North Plainfield shall prepare and maintain a list of those residents who notify the Borough Clerk that soliciting and canvassing is not permitted at their premises by filling out a form and filing it with the Borough Clerk. Upon the adoption of this section, the Borough Clerk shall publicize its adoption and shall prepare the required form that 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. 2017-03]
The Borough Clerk shall submit the Do Not Knock List to the Chief of Police on a quarterly basis and the Do Not Knock List shall be distributed to applicants seeking a license to solicit or canvass pursuant to the provisions of the Revised General Ordinances of the Borough of North Plainfield. The licensee shall not solicit or canvass at any address that appears on the Do Not Knock List.
[Ord. No. 2017-03]
On a quarterly basis of each year, the Borough Clerk shall update the Do Not Knock List. The updated Do Not Knock List shall then be forwarded to the Chief of Police for distribution to solicitors and/or canvassers.
[Ord. No. 2017-03]
a. 
Each resident who has registered with the Borough Clerk pursuant to this section may request that the Borough Clerk authorize the placing of a placard in a conspicuous place on the resident's property stating the following:
"No solicitation is permitted pursuant to § 3-17 of the Revised General Ordinances of the Borough of North Plainfield."
b. 
This placard shall be no more than two inches by six inches.
c. 
This placard shall be supplied by the Borough Clerk to each resident enrolling on the Do Not Knock List at the Borough's actual cost.
[Ord. No. 2017-03]
Any solicitor or canvasser violating the provisions of this section shall be punishable by fine and/or imprisonment as prescribed in § 1-5 of the Revised General Ordinance of the Borough of North Plainfield entitled "General Penalty," as well as the loss of the license to solicit or canvas."
[Ord. No. 2017-11]
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. 2017-11]
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats.