[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:
Shall mean the Borough of North Plainfield.
Shall mean atmospheric agencies or forces such as, but not
necessarily limited to, wind, rain and snow.
Shall mean wastes resulting from the handling, preparation,
cooking and consumption of food and wastes from the handling, storage
and sale of produce.
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:
Advertise for sale any merchandise, product, commodity, or thing;
or
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
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.
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.
Shall mean any individual, natural person, partnership, joint
venture, society, association, club, trustee, trust, corporation,
or unincorporated group.
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.
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.
Shall mean any receptacles provided by or authorized by the
Borough.
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.
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:
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; amended 9-12-2022 by Ord. No. 22-06]
a.
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.
b.
No person
shall be permitted to carry any firearm, concealed or otherwise, in
any public building or adjacent public spaces at any time, including
all public spaces owned, controlled and/or otherwise under the jurisdiction
of the Borough of North Plainfield, and in any school building or
adjacent public spaces, including any spaces owned, controlled or
otherwise under the jurisdiction of the Board of Education of the
Borough of North Plainfield except for any duly appointed law officer,
or Special Law Enforcement Officer in the course of his or her official
duties or carrying an authorized off-duty weapon by the school resource
officer or Special Police officers. The head of school security may
be permitted to carry a firearm if appointed and requested by the
Superintendent of Schools and approved in writing by the Chief of
Police.
[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:
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.
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:
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.
Shall mean any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological
effect on humans.
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.
[Added 8-14-2023 by Ord.
No. 23-10[1]]
[1]
Editor's Note: The estoppel date for Ord. No. 23-10 ends
on September 5, 2023.
[Added 8-14-2023 by Ord.
No. 23-10]
a.
The Borough of North Plainfield recognizes a constitutional right
to beg and/or solicit and/or panhandle in a peaceful and nonthreatening
manner. The Borough of North Plainfield finds that an aggressive solicitation
throughout the Borough is disturbing and disruptive to residents and
businesses and has contributed to the restriction of access to and
enjoyment of public places, and can lead to a sense of fear and intimidation
from aggressive begging and panhandling.
b.
Aggressive begging and panhandling may include, but is not limited
to, approaching or following pedestrians, the use of abusive language,
unwanted physical contact or the intentional blocking of pedestrian
and vehicular traffic. The Borough of North Plainfield further finds,
for example, that the presence of individuals who solicit money from
persons at or near banks or automated teller machines or laundromats
can provoke a sense of fear or intimidation.
[Added 8-14-2023 by Ord.
No. 23-10]
For the purposes of this § 3-7.10.1, the following words shall have the meanings described herein:
Approaching or speaking to a person or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to:
Fear bodily harm to oneself or to another, damage to or loss
of property or the commission of an offense under the New Jersey Code
of Criminal Justice upon oneself or another;
Otherwise be intimidated into giving money or other thing of
value; or
Suffer unreasonable inconvenience, annoyance or alarm.
Intentionally touching and/or causing physical contact with
another person or with an occupied vehicle, without that person's
consent, in the course of soliciting, asking or begging.
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact.
Blocking and/or interfering with the safe and/or free passage
of a customer or potential customer and/or vendor or any other person
seeking to enter or leave a commercial premises entrance at its intersecting
location of a public sidewalk, pedestrian plaza and/or parking lot
and/or driveway.
Using violent and/or threatening gestures and/or language toward
a person being so solicited.
See "beg."
A device linked to a financial institution's account
records which is able to carry out transactions, including, but not
limited to, account transfers, deposits, cash withdrawals, balance
inquiries and mortgage and loan payments.
The area comprised of one or more automated teller machines
and any adjacent space which is made available to banking customers
after regular banking hours.
Any banking corporation as defined in the United States Code
or the New Jersey statutes.
Using the spoken, written and/or printed word and/or bodily
gestures, signs and/or other means with the purpose of obtaining an
immediate donation of money and/or other thing of value and/or offering
goods or services of unspecified price in return for an immediate
donation of money and/or other thing of value.
Any person or entity duly licensed by the New Jersey State
Department of Banking to engage in the business of cashing checks,
drafts and/or money orders for consideration, pursuant to the provisions
of the New Jersey banking laws.
A place to which the public or a substantial group of persons
has access and includes, but is not limited to, any street, highway,
parking lot, plaza, transportation facility, school, place of amusement,
park, playground, entrance to a commercial premises at its intersecting
location with a public sidewalk, pedestrian plaza, driveway and/or
parking lot, and any hallway, lobby and other portion of an apartment
house or hotel not constituting a room or apartment designed for actual
residence. Public places shall also include door-to-door begging in
an aggressive manner as defined herein.
See "beg."
[Added 8-14-2023 by Ord.
No. 23-10]
No person shall:
a.
Solicit, ask or beg in an aggressive manner in any public place.
b.
Solicit, ask or beg within twenty (20) feet of any entrance or exit
of any bank or check cashing business during its business hours or
within twenty (20) feet of any automated teller machine during any
time it is available for customers' use; provided, however, that
when an automated teller machine is located within an automated teller
machine facility, such distance shall be measured from the entrance
or exit of the automated teller machine facility; provided, further,
that no person shall solicit, ask and/or beg within an automated teller
machine facility where a reasonable person would or should know that
(s)he does not have the permission to do so from the owner or other
person lawfully in possession of such facility. Nothing in this subsection
shall be construed to prohibit the lawful vending of goods and services
within such areas.
c.
Solicit, ask or beg within twenty (20) feet of any entrance or exit
of a commercial premises entrance at its intersecting location with
a public sidewalk, pedestrian plaza and/or parking lot and/or driveway,
and/or blocking or interfering with the safe or free passage of a
customer, potential customer, vendor or any other person seeking to
enter or leave such entrance, when the commercial premises are open
for business.
d.
Approach an operator or other occupant of a motor vehicle while such vehicle is located on any street for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in § 3-7.10.1.2; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
[Added 8-14-2023 by Ord.
No. 23-10]
[Added 6-28-2021 by Ord.
No. 21-03]
As defined in this section:
The exhaust system of a motor vehicle consisting of piping,
connectors, mufflers, resonators, catalytic converters and associated
connectors, fasteners or hangers.
A garage, other than a private garage available to the public,
operated for gain, and which is used for sale, storage, servicing,
rental and/or repair of automobiles, or other motor vehicles, including
but not limited to the sale of motor parts and accessories, oil and
other fuel incidental to the aforesaid uses; provided, that the aforesaid
uses shall be conducted within an enclosed building located within
the geographic boundaries of the Borough of North Plainfield.
A place where gasoline and/or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail or wholesale to the public, including but not limited to sale
of accessories, oiling, greasing, washing, and light motor vehicle
repairs on the premises, but in no case to include major vehicle repairs
or rebuilding, or fender, body or frame straightening, painting or
rebuilding located within the geographic boundaries of the Borough
of North Plainfield.
Any and all facilities, garages, body repair shops, vehicle
dealers, used vehicle dealers or mobile repair facilities that repair
and/or service motor vehicles located within the geographic boundaries
of the Borough of North Plainfield.
Exhaust systems installed, repaired, and/or modified on any
motor vehicle manufactured after July 1, 1935 shall meet all of the
requirements of N.J.A.C. 13:20-4.4 and 13:20-33.20, as well as New
Jersey Motor Vehicle Statute N.J.S.A. 39:3-70.
Any automotive service station garage, automotive public garage or motor vehicle repair facility, and/or any employee of any such garage/facility thereof, who violates, permits, aids or abets the violation of any provision of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, § 1-5, of the Borough Code of the Borough of North Plainfield. A separate offense shall be deemed committed for each muffler installed, repaired, and/or modified in violation of this section.
[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:
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:
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.
Shall mean to deliver, dispense, give, issue or sell or offer
to permit to deliver, dispense, give, issue or sell.
Shall mean any physical facility located in the Borough and
operated by a commercial enterprise, nonprofit entity, government
agency or other person.
Shall mean the Health Officer, Sanitarian, a Police Officer
or other individual designated by the Mayor to enforce the provisions
of this section.
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.
Shall mean an individual who is less than 18 years of age.
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Shall mean any place licensed by the State of New Jersey
or by the Borough to sell food.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
Shall mean the Chief of Police of the Borough of North Plainfield
or his designee/representative.
Shall mean a computerized internet capable database with
hardware and software compliant to that set by the Chief of Police.
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.
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.
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.
Shall mean any business conducted intermittently within the
Borough of North Plainfield or at varying locations within the Borough
of North Plainfield.
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.
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.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean the exchange of money and the exchange, deposit,
pledge, sale, conveyance or trade of any tangible or intangible article.
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.
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.
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:
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]
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.
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.
Shall mean a member of the species of domestic cat, Felis
catus.
Shall mean a member of the species of domestic dog, Canis
familiaris.
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.
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.
