[Ord. No. 2005:05]
The purpose of this section is to establish requirements to
control littering in the Borough of New Milford, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
[Ord. No. 89:18 §§ 1-2; Ord. No. 2005:5 § II]
As used in this section.
Shall mean any used or unconsumed substance or waste material
which has been discarded whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 89:18 §§ 1-2; Ord. No. 2005:5 § III]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property, other
than a litter receptacle.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 89:18 § 2]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter (1/4) mile
without a receptacle; buildings held out for use by the public, including
schools, government buildings and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations island; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; and at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses, and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[Ord. No. 89:18 § 3]
No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his or her
premises free of litter. All litter sweepings shall be collected and
properly containerized for disposal.
[Ord. No. 89:18 § 4]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. No. 89:18 § 5]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any public roadway unless such a vehicle is constructed,
covered or loaded to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
which could cause an obstruction, damage a vehicle, or otherwise endanger
travelers or public property, shall immediately cause the public property
to be cleaned of all such materials and shall pay the costs therefor.
[Ord. No. 89:18 § 6]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or immediately following completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas, and to maintain and empty
the receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
[Ord. No. 89:18 § 7]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
obstruction or nuisances of every kind, and to keep sidewalks, areaways,
backyards, courts and alleys free from litter.
[Ord. No. 89:18 § 8]
It shall be unlawful for any person to place, to cause to be
placed, or to hire another person to place any advertisement, handbill
or unsolicited material of any kind in or on any street, sidewalk,
building or vehicle within the community in such a manner that it
may be removed by natural forces.
In the event that the owner or possessor of private property
or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this section, the municipality may
cause the condition to be abated and remedied. Upon the removal of
any materials prohibited to be stored or abandoned on lands by this
section by or under the direction of an appointed officer or officers
of this jurisdiction, in cases where the owner or tenant shall have
refused or neglected to remove the materials within five days of receiving
a notice of violation, such officer shall certify that cost thereof
to the municipality, which shall examine the certificate, and if found
correct shall cause the cost as shown thereon to be charged against
the lands and will be added to and become and form part of the taxes
next to be assessed and levied upon the lands. The fines shall bear
interest at the same rate as taxes and shall be collected and enforced
by the same officers and in the same manner as taxes.
[Ord. No. 2005:5 § IV]
This section shall be enforced by the New Milford Police Department
and/or other Municipal Officials of the Borough of New Milford.
[Ord. No. 89:18 § 9;
New; Ord. No. 2005:5 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 72:15]
As used in this section:
Shall mean a motor vehicle designed for operation on public
streets and ways which is not and has not been for a period of 30
days or more currently registered with a governmental agency having
jurisdiction to register the same.
Shall mean a building or structure having no means of vehicle
ingress or egress other than through an operable door.
Shall mean a motor vehicle which is not and has not been
for a period of 30 days or more capable of operation on public streets
and ways under its own power; and further means a vehicle, whether
or not so operable, which is kept and maintained for the purpose of
stripping or removing parts therefrom.
Shall mean a natural being, partnership, firm or corporation.
[Ord. No. 72:15]
It shall be unlawful for any person to keep, store or maintain
an abandoned or junked motor vehicle in the Borough except in an enclosed
garage.
[Ord. No. 72:15]
A motor vehicle which conforms to the definitions of subsection 3-2.2 shall be presumed abandoned or junked, as the case may be, subject to rebuttal upon due proof of contrary intentions.
[Ord. No. 72:15; Ord. No. 2003:19; Ord.
No. 2004:16; Ord. No. 2015:09]
Any person convicted of a violation of a provision of this section
or any supplement thereto shall be liable to a penalty as follows:
on commercial property – a fee of not less than $250.00 and
not greater than $1,250.00 per occurrence; on non-commercial property
– a fee of not less than $100.00 and not greater than $1,250.00
per occurrence. It is the intention of the Governing Body that the
fines should escalate for subsequent violations.
[Ord. No. 2005:08]
a.
The owner, occupant or tenant of any parcel or lot of land situated
within the Borough of New Milford shall not store, permit, leave,
or allow any motor vehicle on any parcel or lot for a period exceeding
five consecutive days, unless the motor vehicle is validly registered
under State law and displays current and valid license or registration
plates and current stickers, unless said vehicle is exempt from the
registration provisions under State law or is stored within a completely
enclosed building.
b.
A violation of this subsection shall be deemed a municipal infraction
subject to the following:
1.
Warning. A warning notice to correct the violation within 15 days
from the date of notice, which shall be posted on the property or
vehicle or mailed to the owner, occupant, or tenant.
2.
Violation. Upon failure to correct the violation within 15 days from
the warning or notice, or upon expiration of the period specified
in any certificate issued by the Zoning Enforcement Officer: $250.
c.
Notwithstanding the provisions regarding municipal infractions, the
Zoning Enforcement Officer or police may, after issuance of a warning,
declare the motor vehicle abandoned, cause the vehicle to be removed
from the property and dispose of said vehicles in accordance with
Borough ordinance and State statute. The responsible party may redeem
the vehicle upon payment of all administrative fees, fines for municipal
infraction, and costs of towing and storage charges and upon proof
that the vehicle is validly registered with the State of New Jersey
and bears a valid registration or license plate and current stickers.
d.
Certificate. Any person subject to the provisions of this section
may apply to the Zoning Enforcement Officer for a certificate to permit
storage of a motor vehicle for a period of 30 days. This certificate
shall not be subject to renewal or extension.
e.
The Zoning Enforcement Officer shall upon application issue a certificate
to allow one unregistered vehicle for a period not exceeding six months
for the purposes of repair and/or restoration, one vehicle for each
lineal next of kin of the property owner, occupant or tenant upon
proof that the lineal next of kin has current orders to serve overseas
in the military. The Zoning Enforcement Officer may impose such reasonable
conditions and/or restrictions on the issuance of any certificate
in accordance with the Borough Code.
f.
The issuance of a certificate shall stay any violation of this subsection
during the period specified in the certificate.
[Ord. No. 72:13]
It shall be unlawful for any person to park or leave standing
any vehicle on lands of another, whether publicly or privately owned,
in the Borough, after notice has been posted as hereinafter provided
by the owner, occupant, lessee or licensee prohibiting such parking.
Nothing herein contained shall apply to any lands lying within the
bounds of any public street or highway.
[Ord. No. 72:13]
Any owner, occupant, lessee or licensee desiring to post notice
prohibiting such parking shall file an application with the Mayor
and Council and shall comply with reasonable regulations imposed by
the Governing Body.
[Ord. No. 72:13]
a.
Suitable signs not less than eighteen by twenty-four (18" x 24")
inches bearing the words "no parking," together with any qualifications
or restrictions of such parking, if any, and conspicuously displayed,
shall be posted on the lands by the owner, occupant, lessee or licensee
thereof where this section is effective.
b.
Defacing, tampering with or damaging such signs when posted shall
constitute a violation of this section.
c.
Prior to the installation of such signs, they shall be submitted
to the Borough Police Department for approval.
[Ord. No. 72:13; New; Ord. No. 2006:01]
Any person convicted of a violation of subsection 3-3.1 or any supplement thereto shall be liable to a penalty of $67 for each day of occurrence.
[1968 Code § 65-8; Ord. No. 72:8]
As used in this section:
Shall mean remaining idle in essentially one location, and
shall include the concepts of spending time idly, loafing or walking
about aimlessly, and shall also include the colloquial expression
"hanging around."
Shall mean any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
Shall mean any place to which the public has access, and
shall include any street, alley or sidewalk. It shall also include
the front or the neighborhood of any store, shop, restaurant, tavern
or other place of business, and public grounds, areas, parks, as well
as parking lots or other vacant private property not owned by or under
the control of the person charged with violating this section, or
in the case of a minor, not owned or under the control of his parent
or guardian.
[1968 Code § 65-9; Ord. No. 72:8]
No person shall loiter in a public place in such manner as to:
a.
Create or cause to be created a danger or a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public place as defined in subsection 3-4.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose hearing they are made.
[1968 Code § 65-10; Ord. No. 72:8]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-4.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1968 Code § 65-11; Ord. No. 72:8]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
[1968 Code § 65-12; Ord. No. 72:8]
Whenever any minor under the age of 18 years is charged with
a violation of this section, his parent or guardian shall be notified
of this fact by the Chief of Police or any other person designated
by him to give such notice.
[1968 Code § 65-13; Ord. No. 72:8]
If at any time within 30 days following the giving of notice as provided in subsection 3-4.5 the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1968 Code § 65-14; Ord. No. 72:8; New]
[1968 Code § 45-1; Ord. No. 73:11]
No person, firm or corporation shall, within the limits of the
Borough, fire or discharge any gun, revolver, rifle, cannon, toy pistol
or other firearm of any description, whether same be loaded with blank
or full charge. This subsection shall not apply to any military exercises,
to the members of the Police Department while on duty, to the members
of a gun or trapshooting club while engaged in trapshooting on premises
used for such purposes, nor shall this subsection apply to such citizens
of the Borough to whom a written permit to carry weapons shall have
been issued in accordance with law, while using the weapons for which
permit has been issued, for purposes of protection of life and property.
This subsection, however, shall not apply to firearm activities or
programs which have Police Department sponsorship, and Mayor and Council
approval.
[1968 Code § 45-2]
No person, firm or corporation shall within the limits of the
Borough discharge any gun, revolver or rifle of the kind in which
compressed air is used in place of gunpowder or dynamite in order
to effect the discharge.
[1968 Code § 45-3]
No person, firm or corporation shall within the limits of the
Borough fire or discharge any torpedo or contrivance loaded with dynamite
or other such high explosive unless a written permit to do so shall
first have been obtained from the Borough Chief of Police. This subsection
shall not apply to the explosion of dynamite or other similar material
used for blasting purposes under proper supervision.
[1968 Code § 45-4]
No person, firm or corporation shall fire, discharge or set
off any firecrackers or fireworks containing gunpowder or other explosive
or combustible material of any description, unless a permit shall
first have been obtained from the Chief of Police.
[1968 Code § 45-5]
The sale of fireworks at retail is prohibited within the limits
of the Borough.
[1968 Code § 45-6]
The Chief of either the Fire or Police Department may, in his
discretion, remove or have removed at the owner's expense, all stocks
of fireworks or other combustible material exposed for sale or held
in stock in violation of this section.
[1968 Code § 45-7; New]
Nothing in this section shall be construed as prohibiting the
hunting by any person or persons with firearms, and to whom a permit
for so doing has been issued by the State of New Jersey, but hunting
or discharge of firearms in connection therewith is hereby prohibited
on property which has been posted with a notice prohibiting the same,
or on property situated within a radius of less than three hundred
(300') feet of any occupied dwelling or building.
[1968 Code § 45-8]
[Ord. No. 90:21 § 2]
As used in this section.
Shall mean any library in which the holder of a registration
card shall be entitled to borrow material as a consequence of the
possession of such card.
Shall mean and include any individual, cosigner of a library
registration card, corporation, partnership, association or other
entity.
[Ord. No. 80:19; Ord. No. 90:21 § 3]
It shall be unlawful for any person to detain, fail or refuse
to return any book, periodical, pamphlet, recording, audiovisual materials,
or any other article of any kind borrowed from the New Milford Public
Library, or from any affiliate library, with the use of a New Milford
Free Library registration card for a period exceeding that time allowed
for the material's use by the borrower as may be established pursuant
to the rules and regulations of the respective library.
[Ord. No. 80:19; Ord. No. 90:21 § 3]
In the event any person shall detain or fail to return any material
within the above stated prescribed time, there may be forwarded to
such person at any time thereafter, notice of delinquency by certified
mail, return receipt requested. Such notice shall be forwarded to
the person's last known address as stated on the registration card,
or otherwise noted on the record of the New Milford Public Library.
Should any person thereafter detain or fail to return any item
for a period of 30 days or more from the date of mailing notice of
delinquency, such person shall be fined in accordance with the provisions
of this section.
[Ord. No. 80:19; Ord. No. 90:21 § 5]
No person shall willfully or maliciously cut, tear, deface,
disfigure, damage or destroy any book or other article, or any part
thereof, which is owned by or is in the custody of such library.
[Ord. No. 80:19; Ord. No. 90:21 § 6]
No person with intent to defraud shall register or furnish a
false name or address, or use any card other than the one issued to
the person for the purpose of borrowing any book or article from the
library.
[Ord. No. 80:19; Ord. No. 90:21 § 7]
Any person who violates or refuses to comply with the regulations
and provisions of this section shall, upon conviction thereof, be
subject to a fine not to exceed the sum of $100 or be imprisoned in
the County Jail for a term not to exceed five days, or both, in the
discretion of the Magistrate before whom such conviction is obtained.
[Ord. No. 88:13; Ord. No. 2015:03]
a.
Purposes. The purpose of this section is to control and regulate
the distribution, sale, circulation and exposure of magazines, pictures,
drawings, photographs and other publications devoted to the presentation
and exploration of sexual acts, normal or perversed, lust, passion,
depravity, nudity, immorality, and the distribution and sale of devices,
implements and other materials designed to sexually stimulate.
b.
ADULT BOOK STORE
OBSCENE
1.
2.
3.
Definitions. As used in this section:
Shall mean any business or business operation which sells,
distributes, or otherwise conveys any obscene materials described
below.
Shall mean that which to the average person applying contemporary
community standards, when considered as a whole, has its dominant
theme or purpose, and appeal to the prurient interest. Any magazine,
picture, drawing, photograph, or other publication, and any mechanical
or electronic gadget, implement or device designed to sexually stimulate
shall be obscene within the meaning of this section, if it is established
that:
The dominant theme of the material if taken as a whole appeals
to the prurient interest; and
The material is patently offensive because it affronts contemporary
community standards, relating to the description or representation
of sexual matters; and
The material is utterly without redeeming social value, or the
work taken as a whole lacks serious artistic, literary, political
or scientific value.
c.
Prohibited Acts.
1.
It shall be unlawful for any person as defined herein to use or occupy
any building, structure or premises as an adult book store as herein
defined.
2.
It shall not be a violation of this section to sell magazines that
may fall within the prohibitions of this section provided that they
are not openly exposed to the public view.
d.
Violations and Penalties.
2.
A violation of paragraph c1 above shall also be grounds for revocation
of any license or certificate of occupancy issued by the municipality
on the premises.
3.
Every day that the provisions of this section are violated by any
person as defined herein shall be a separate and distinct violation
of this section.
[Ord. No. 88:13; Ord. No. 2015:03]
a.
MASSAGE, BODYWORK AND SOMATIC THERAPIES
MASSAGE, BODYWORK AND SOMATIC THERAPIST
MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean any systems of activity of structured touch which
include, but are not limited to, holding, applying pressure, positioning
and mobilizing soft tissue of the body by manual technique and use
of visual, kinesthetic, auditory and palpating skills to assess the
body for purposes of applying therapeutic massage, bodywork or somatic
principles. Such applications may include, but are not limited to,
the use of therapies such as heliotherapy or hydrotherapy, the use
of moist hot and cold external applications, external application
of herbal or topical preparations not classified as prescription drugs,
movement and neuromyofacial education and education in self-care and
stress management. Massage, bodywork and somatic therapies do not
include the diagnosis or treatment of illness, disease, impairment
or disability.
Shall mean any person licensed pursuant to the provisions
of the Massage and Bodywork Therapist Licensing Act, N.J.S.A. 45:11-53.
Shall mean any establishment wherein massage, bodywork and/or
somatic therapies are administered or are permitted to be administered,
when such therapies are administered for any form of consideration.
b.
Nonlicensed Therapists Prohibited. The administering of massage,
bodywork and/or somatic therapies for any form of consideration by
any person not licensed by the State of New Jersey pursuant to the
Massage and Bodywork Therapist Licensing Act, P.L. 1999, c. 19, amended
2007, c. 337.[1]shall be prohibited throughout the Borough of New Milford.
[1]
Editor's Note: See N.J.S.A. 45:11-53 et seq.
c.
License Required. Establishment: No person, firm or corporation shall
operate any establishment or utilize any premises in the Borough of
New Milford as or for a massage, bodywork and somatic therapy establishment
unless or until such person, firm or corporation has obtained a license
for such establishment or premises from the Municipal Clerk in accordance
with the terms and provisions of this subsection.
e.
Application for License.
1.
Establishment. Any person desiring a massage, bodywork and somatic
therapy establishment license shall file a written application with
the Municipal Clerk upon a form provided by the Clerk. The application
form shall contain the following information:
(a)
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
(b)
The name, style and designation under which the business is
to be conducted.
(c)
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
(d)
A complete list of the names and residence addresses of all
massage, bodywork and somatic therapists and employees of the business
and the name and residence address of the manager or other person
principally in charge of the operation of the business, which shall
be updated for each new employee
(e)
A sworn statement indicating that all massage, bodywork and
somatic therapists employed or to be employed by the establishment
or otherwise permitted to work at the establishment have been licensed
by the State of New Jersey pursuant to the Massage and Bodywork Therapist
Licensing Act, P.L. 1999, c. 19, amended 2007, c. 337.
(f)
The following personal information concerning the applicant(s),
if an individual; concerning each stockholder holding more than 10%
of the stock of the corporation, each officer and each director, if
the applicant is a corporation; concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business shall be provided:
(1)
The name, complete residence address and residence telephone
number.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, sex, color of hair and eyes.
(5)
Two front-face portrait photographs taken within 30 days of
the date of the application and at least two inches by two (2" x 2")
inches in size.
(6)
Provide any massage therapy or similar business history and
experience, including, but not limited to, whether or not such person
has previously operated in this or another municipality or state under
a license or permit or has had such license or permit denied, revoked
or suspended and the reason therefor and the business activities or
occupations subsequent to such action or denial, suspension or revocation.
(7)
All criminal convictions other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which convicted and the offense
for which convicted and circumstances thereof. The applicant shall
execute a waiver and consent to allow a criminal background check
by the Borough Police Department. Failure to execute such a waiver
and consent shall result in a denial of a license.
2.
At the time the application is filed a two hundred fifty ($250.00)
dollar fee shall be paid to the Borough Clerk to cover the cost of
processing the application and investigating the facts stated therein.
f.
Inspection Requirements.
1.
The Municipal Clerk, upon receiving an application for a massage,
bodywork and somatic therapy establishment license, shall refer the
application to the various municipal departments (Division of Code
Enforcement, Zoning, Health, Emergency Services) for review and conformance
with applicable State and Borough Codes for such an establishment.
2.
No massage, bodywork and somatic therapy establishment shall be issued
a license or be operated, established or maintained in the Borough
unless inspections by the appropriate municipal departments reveal
that the establishment complies with the minimum requirements of the
Uniform Construction Code and Health Codes for businesses operating
in the Borough of New Milford. In addition, the establishment must
comply with each of the following minimum requirements:
(a)
All massage tables, bathtubs, shower stalls, steam or bath areas
and floors shall be constructed of material with surfaces which are
smooth, nonabsorbent, and which may be readily disinfected.
(b)
A public restroom shall be available to clients and employees
during all business hours.
(c)
Water closets and lavatories shall be in conformance with the
regulations set forth in the New Jersey Uniform Construction Code,
N.J.A.C. 5:23.
(d)
If bathing, dressing and locker facilities are provided for
the patrons and male and female patrons are served simultaneously,
separate bathing, dressing, locker and massage room facilities shall
be provided.
(e)
The premises shall have adequate equipment for disinfecting
nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(f)
Adequate hand washing facilities shall be conveniently located
to each treatment area to maintain clean hands and arms of all employees
before, after and during treatments.
(g)
Hand sinks shall be provided with hot and cold water capable
of delivering running water under pressure at a temperature of 90°
to 110° F.
g.
Investigation; Issuance of License.
1.
When said application is properly filled out, signed by the applicant
and has been filed with the Municipal Clerk with all accompanying
information, the application shall be referred by the Clerk to the
Borough Police Department. The Chief of Police or his or her designee
shall investigate the information available as to the applicant's
business and good moral character of the applicant as deemed necessary
for the protections of the public health, welfare and safety.
2.
If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory or that the
issuance of a license to the applicant would present a danger to the
public health, welfare or safety, the Chief of Police shall endorse
on such application his/her disapproval and reasons for same and return
the application to the Borough Clerk, who shall notify the applicant
that the application is disapproved.
3.
If as a result of such investigation the character and business responsibility
of the applicant are found to be satisfactory and the issuance of
the license to the applicant will present no danger to the public
health, safety and welfare, the Chief of Police shall indicate his/her
approval on the application and return the application to the Borough
Clerk, who shall execute and deliver to the applicant the license.
h.
Revocation of License.
1.
Licenses issued under this subsection may be revoked by the Chief
of Police, after notice and a hearing, for any of the following causes:
(a)
Fraud, misrepresentation or false statement in the application
for the license.
(b)
Fraud, misrepresentation or false statement made in the course
of carrying on the licensed business in the Borough.
(c)
If the Chief of Police, Health Officer or their designee is
denied access to the premises for the purpose of conducting an inspection.
(d)
Any violation of this subsection.
(e)
Conviction of a crime involving moral turpitude, a felony, an
offense involving sexual misconduct, keeping or residing in a house
of prostitution, and any crime involving dishonesty.
(f)
Conducting the licensed business in the Borough in an unlawful
manner or in such a manner as to constitute a menace to the health,
safety or general welfare of the public.
2.
Notice of the hearing for the revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed to the licensee at his/her last known address
at least five days prior to the date set for the hearing. The hearing
must be held within 10 days of the revocation.
3.
Such license may, pending revocation proceedings, be suspended for
not more than 10 days by the Chief of Police if, in his/her opinion,
the conduct of the licensee is detrimental to the health, safety and
general welfare of the Borough of New Milford.
4.
The Borough Administrator or designee shall serve as hearing officer
for any hearing pursuant to this subsection.
i.
Criteria for Immediate Suspension. The licenses issued under this
subsection may be immediately suspended by the Borough for the following
reasons:
j.
Display of License. The massage, bodywork and somatic therapy establishment
shall display its license as well as the New Jersey license of each
and every massage, bodywork and somatic therapist employed in the
establishment in an open and conspicuous place on the premises of
the establishment.
k.
Operating Requirements. Every massage, bodywork, and somatic therapy
establishment shall comply with the following:
1.
Every portion of the massage, bodywork, and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition. A broad spectrum antimicrobial disinfectant
shall be used.
2.
Price rates for all services shall be prominently posted (brochures
or price list) in the reception area in a location available to all
prospective customers.
3.
All employees, including massage, bodywork, and somatic therapists,
shall be clean and wear clean, nontransparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward, be self-closing, and be non-lockable.
4.
The hand wash sink shall be used solely for the washing of hands,
arms and other parts of the body.
5.
Hand sinks shall be supplied with liquid soap and disposable hand
towels at all times.
6.
Every area of the establishment shall be provided with lighting capable
of providing a minimum of 50 footcandles of artificial light. Lighting
may be dimmed during treatment sessions.
7.
Massage tables shall be maintained in good condition and free of
rips or tears.
8.
Toilet paper, covered trash, liquid hand soap and disposable paper
towels or alternate means of hand drying shall be provided in restrooms.
9.
All massage, bodywork and somatic therapy establishments shall be
provided with clean laundered sheets and towels in sufficient quantity
which shall be laundered after each use thereof and stored in a sanitary
manner.
10.
Soiled linens and draping materials shall be either commercially
laundered or washed on site in a clothes-washing machine, in hot water
with detergent and at least one cup of bleach or an antibacterial
agent, and dried on the high-heat setting in a clothes dryer.
11.
Linens used in a licensed establishment may not be laundered in a
private home.
12.
Closed containers shall be provided for soiled linens.
13.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
14.
It shall be unlawful for any person knowingly, in a massage, bodywork,
and somatic therapy establishment, to place his or her hand upon or
touch with any part of his or her body, to fondle in any manner or
to massage a sexual or genital area of any other person. No massage,
bodywork and somatic therapist, employee or operator shall perform
or offer to perform any act which would require the touching of the
patron's sexual or genital area.
15.
All walls, ceilings, floors, pools, showers, bathtubs, steamrooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat-rooms, steam or
vapor rooms or steam or vapor cabinets and shower compartments and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
16.
Oils, creams, lotions and other preparations used in administering
massage, bodywork and somatic therapies shall be kept in clean closed
containers or cabinets.
17.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
18.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using a proper soap or disinfectant before
administering a massage.
19.
Hours of operation. No such business shall begin operations before
9:00 a.m. or continue after 9:00 p.m.
l.
Inspections by Police Department or Health Department.
1.
The Chief of Police and Health Officer and/or their designees are
authorized to conduct random inspections of massage, bodywork and
somatic therapy establishments granted a permit under the provisions
of this subsection for the purpose of determining whether the provisions
of this subsection are being complied with. Such inspections shall
be unannounced but shall be made at reasonable times and in a reasonable
manner. It shall be unlawful for any licensee or employee of the licensee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
2.
The operator shall permit access to all parts of the establishment
and all pertinent records required for the inspection shall be made
available to the health authority representative for review.
m.
Sleeping Quarters. No part of any quarters of any massage, bodywork
and somatic therapy establishment shall be used for or connected with
any bedroom or sleeping quarters nor may any person sleep in such
massage, bodywork and somatic therapy establishment except for limited
periods incidental to and directly related to a massage, bodywork
or somatic therapy treatment or bath. This provision shall not preclude
the location of massage, bodywork and somatic therapy establishment
in separate quarters of a building housing a hotel or other separate
businesses or clubs.
n.
Prohibited Acts.
1.
No owner or manager of a massage, bodywork and somatic therapy establishment
shall tolerate in his or her establishment any activity or behavior
prohibited by the laws of the State of New Jersey, particularly, but
not limited to, laws proscribing prostitution, indecency and obscenity,
including the sale, uttering or exposing and public communication
of obscene material; laws which relate to the commission of sodomy,
adultery and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which
violates this subsection.
2.
Any conviction of any employee of a massage, bodywork and somatic
therapy establishment of a violation of the aforementioned statutes
and codes may devolve upon the owner or manager of such establishment,
it being specifically declared that following such conviction of an
employee, the owner or manager of the establishment may be prosecuted
as an accessory to such violation and the licenses which have been
issued may be automatically revoked.
o.
Exceptions. The provisions of this chapter shall not apply to massage,
bodywork or somatic therapies given:
1.
In the office of licensed physician, chiropractor or physical therapist;
or
2.
By a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists; or
3.
By any licensed physician, chiropractor or physical therapist in
the residence of his or her patient; or
4.
By a licensed barber or cosmetologist/hairstylist limited to the
areas of the face, neck, scalp or upper part of the body as set forth
in the Cosmetology and Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et
seq.
p.
Violations and Penalties. In addition to the revocation or suspension
of the license granted under this subsection, any person violating
any provision of this chapter shall be subject to the penalty of $500
per occurrence.
q.
Relicensing After Revocation.
1.
Any person whose license has been revoked under the provisions of
this subsection may apply to be relicensed upon filing of proof that
all loss caused by the actor or omissions for which the license was
revoked had been fully satisfied and that all conditions imposed by
the decision of the revocation have been complied with.
2.
Payment of a registration fee as established by ordinance.
r.
Service of Notices. Whenever notice is required or permitted to be
given by this subsection, such notice may be effected by personal
service upon the licensee if an individual or any general partner,
if a partnership, or upon any corporate officer, if a corporation,
or alternatively, to any of foregoing, by certified mail, return receipt
requested, to the last address listed in the Borough Clerk's office
in conjunction with the license information. It shall be the duty
of each licensee to keep the Borough advised of any subsequent change
of address. Upon failure of a licensee to comply with this requirement,
any notice returned with the notation "unknown," "moved," or "not
claimed" shall be deemed proper service of all notices required by
this subsection.
[1968 Code § 65-1; Ord. No. 74:1; Ord. No. 2006:17; Ord. No. 2009:11; amended 9-11-2023 by Ord. No. 2023:32]
a.
No person shall, within the limits of the Borough of New Milford:
1.
Be disorderly on any public omnibus, street, highway, thoroughfare
or on any sidewalk or in any private house, home or in any boardinghouse,
store, restaurant or other private, public or quasi-public place or
house to the annoyance of any person.
2.
Noise.
(a)
Permit, make or continue or cause to be permitted, made or continued
any unnecessary noise which shall disturb the comfort, rest and repose
of any person or persons being in his, her or their place of abode
or at any public or private meeting or at church services.
(b)
Permit, make, aid, continue or cause to be permitted, made or
continued any loud or offensive noises by the operation of any machine
or apparatus which either annoys, injures or endangers the comfort,
repose, health or safety of any of the residents within the Borough
during the hours from 10:00 p.m. to 7:00 a.m.
3.
Ring any bell or blow any horn or make any public outcry at or for
any public sale or auction or to advertise any goods, wares or merchandise
for sale or to attract any attention or to gain passengers for any
cab, taxicab, hack or omnibus.
4.
Keep or harbor any dog which shall disturb the neighborhood by excessive
barking, whining or howling.
5.
Throw or discard any refuse of any kind whatsoever into the waters
of any spring, pond, stream, lake, river or any other body of water,
or upon any public street or public place, or discharge any sewage
or waste into the waters or places or any of them, or pollute the
waters in any manner.
6.
See N.J.S.A. 2C:14-4.
7.
See N.J.S.A. 2C:34-1, 2C:33-12.c.
8.
See N.J.S.A. 2C:34-1, 2C:33-12.c.
9.
See N.J.S.A. 2C:34-1, 2C:33-12.c.
10.
See N.J.S.A. 2C:33-11.
11.
Enter upon or trespass upon the land or property of any other person
without lawful permission to do so.
12.
Cause or permit to be emitted any dense smoke which contains soot
or other substances in sufficient quantities to permit the deposit
of such soot or other substances on any surface within the limits
of the Borough.
13.
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
odor, or any odor that may be vile, offensive, obnoxious or nauseating
to any of the residents of the Borough.
14.
Remove, change, alter, obstruct, destroy, tap, shut off or interfere
in any way whatsoever with any water or sewer line or any utility
or any mechanical device connected thereto on any property, either
public or private.
15.
See N.J.S.A. 2C:37-3.
16.
See N.J.S.A. 2C:5-5.
17.
Go about from door to door or place himself or herself on any sidewalk,
street or store or other public or private place or places to beg
or gather alms.
18.
See N.J.S.A. 2C:33-2.
19.
Enter any building or any public or private lands and break, injure
or deface such building or any part thereof, or the fences or other
property belonging to or connected with such building or lands, or
disturb the exercises of any public school or molest or give annoyance
to children attending such school or annoy any teachers therein.
20.
Hinder, annoy or obstruct any Borough officer or employee in the
performance of his duties or willfully refuse or neglect to assist
any Borough officer or employee when lawfully called upon by him so
to do in the execution of any process or in the suppression of any
breach of the peace or disorderly conduct or in case of escape or
when such officer or employee is resisted in the discharge of his
duty; or resist or oppose any officer or person authorized by law
in serving or attempting to serve any writ, bill, order or processor
when making any arrest. See N.J.S.A. 2C:29-1.
21.
Unnecessarily obstruct any sidewalk, street or public place, but
the provisions of this subparagraph shall not prevent persons who
are building from occupying such portion of the sidewalk, street or
public place designated in a permit therefor first obtained from the
Building Inspector.
22.
Hinder, prevent or deter by any device whatever any fireman or other
person from rendering lawful assistance in abating or quelling a fire,
or hinder or interfere with any fireman going to or returning from
any fire or place from which a fire alarm proceeds, or hinder, obstruct
or destroy any fire engine, hook-and-ladder truck, hose cart or other
fire apparatus.
23.
Consume any alcoholic beverages within the limits of the Borough
or have in his possession any opened alcoholic beverage container
with unconsumed alcoholic beverage therein:
(a)
While in or on a public street, lane, roadway, avenue, sidewalk,
public parking place, park, playground, recreation area, school buildings
or grounds or any other public or quasi-public place or in any public
conveyance.
(b)
In a private motor vehicle while the same is in motion or parked
in any public street, lane or public parking lot, or other public
or quasi-public place.
(c)
While upon any private property not his own without the express
permission of the owner or other person having authority to grant
such permission.
(d)
Who shall discard alcoholic beverage containers upon any public
street, lane, sidewalk, public parking lot, public or quasi-public
place or upon any private property not his own without the express
permission of the owner.
(e)
Notwithstanding the provisions contained herein, the Mayor and
Council may issue a permit for the possession or consumption of alcoholic
beverages in a designated park or other public place under its jurisdiction,
at a special event which may have been authorized by the Mayor and
Council or the Board of Education.
[Amended 5-13-2019 by Ord. No. 2019:14]
b.
All other riotous, indecent or disorderly conduct, breach of the
peace and vagrancy not hereinabove specifically mentioned are hereby
prohibited.
[1968 Code § 65-3]
All fines imposed and collected under and by virtue of this
section shall be paid into the Treasury of the Borough.
[1968 Code § 65-4; New]
[Ord. No. 95:11 § I]
As used in this section:
Shall mean any letter, numbers, word or words, writing, inscription,
symbols, drawing, carving, etching, or other marking of any nature
whatsoever which defaces, obliterates, covers, alters, damages, mars
or destroys the real or personal property of another. "Graffiti" shall
not include the occasional marking of the public sidewalks or streets
with chalk for traditional children's games.
Shall mean any felt tip marker, china marker or similar device
or implement that contains a fluid which is not water soluble and
which has a flat or angled writing surface 1/2 inch or greater.
Shall mean any person under 18 years of age.
Shall mean any container or other device which contains paint
or other pigmented substance, which is intended to expel the paint
or pigment without the aid of additional devices or substances, and
includes an aerosol spray paint can as it is commonly known.
[Ord. No. 95:11 § I]
a.
No person shall, without the prior consent of the owner, place, write,
paint, draw, figure, inscribe or mark or cause any graffiti to be
placed upon any public property or the real or personal property of
another.
b.
No person or entity shall knowingly sell or transfer any spray paint
container or indelible marker to a minor, unless the minor is accompanied
by a parent or legal guardian at the time of the purchase or transfer.
c.
No minor shall knowingly present or furnish false or fraudulent evidence
of his or her age to secure the purchase or transfer of any spray
paint container or indelible marker.
[Ord. No. 95:11 § I]
a.
Any parent, legal guardian or other person having custody and care of any minor, who assists, aids, abets, gives permission to or encourages the minor to commit any of the acts prohibited by subsection 3-9.2, either by words or overt act, shall be subject to all the penalties provided for by subsection 3-9.4.
b.
Any parent, legal guardian or other person having custody and care of any minor convicted twice or more of committing any of the acts prohibited by subsection 3-9.2 shall be liable to the injured property owner for monetary restitution to the owner as provided for by subsection 3-9.4b if the court orders monetary restitution.
[Ord. No. 95:11 § I]
a.
Unless jurisdiction for an offense hereunder shall be vested in the Superior Court of New Jersey, Chancery Division, Family Part pursuant to N.J.S.A. 2A:20, New Jersey Code of Juvenile Justice, any person who violates the provisions of subsection 3-9.2 or subsection 3-9.3a shall, upon conviction, be subject to any of the following penalties or combination thereof: (1) a fine not to exceed $500; and (2) imprisonment not exceeding 45 days.
b.
In addition to the penalties provided for in subsection 3-9.4a, the convicted person must either, in the court's discretion, restore the property which is the subject of the graffiti to its prior condition or make monetary restitution to the owner of the property. If the court orders monetary restitution, the property owner must utilize the funds in order to restore the property to its pre-graffiti condition.
c.
In addition to the penalties provided for in subsection 3-9.4a and subsection 3-9.4b, any person convicted of a second or subsequent violation of this section shall be subject to any of the following penalties or combination thereof: (1) an additional fine not exceeding $500; and (2) additional imprisonment not to exceed 45 days.
d.
A separate offense shall be deemed committed on each day on which
a violation occurs.
[Ord. No. 94:16 § 2; Ord. No. 98:13]
Requests for fingerprinting shall be made to the Police Department.
The requests for fingerprinting shall be accompanied by the following
fee:
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 2006:18;
2013:18.
[Ord. No. 2017:20]
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police or other criminal record data base.
Shall mean a three member committee consisting of the Recreation
Director, the Borough Administrator, and the Chief of Police or Acting
Chief of Police in his or her absence. The Committee shall be charged
with the review of all appeals by any volunteer whose criminal history
background check reveals a disqualifying criminal conviction.
Shall mean leagues and recreation activities run directly
by the Borough of New Milford's Recreation Department.
Shall mean to have the direction and oversight of the performance
of others.
Shall mean not supervised or not under constant observation.
Shall mean any person involved with a Borough sponsored activity
or sports league who has regular unsupervised direct access to minors
as a result of their involvement with the activity.
[Ord. No. 2017:20]
a.
The Borough of New Milford requires a criminal history record background
check on each prospective and current volunteer with access to minors.
Volunteers must make application for this criminal history record
background check directly through the Borough's designated provider
and all applications must be approved prior to serving.
b.
At the written request of the volunteer to the Recreation Director,
the Borough may reimburse the prospective volunteer the cost associated
with conducting the criminal history record background checks required
by this section, in accordance with the fees established by the Borough's
designated provider.
c.
The Borough will not incur any additional costs related to challenge(s)
due to disqualification.
d.
Any person who, by virtue of their occupation, is required by statute
to undergo a Federal and State criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirements hereunder until three years has elapsed
since the most current background check.
[Ord. No. 2017:20]
a.
The Borough's designated background check provider shall inform the
Recreation Director, whether the person's criminal history record
background check reveals a conviction of a disqualifying crime or
offense as specified in paragraph b below (which shall be considered
confidential). Upon notice of disqualification the Recreation Director
shall turn over to the Review Committee, any and all information received
and all information received shall be deemed confidential, except
as otherwise provided herein.
b.
A person shall be disqualified from serving as a volunteer if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses (but this list is not all encompassing and the Borough is not specifically limited to only these offices as being disqualifying) or as further set forth in subsection 3-10A.6:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1, et seq., including
but not limited to criminal homicide; N.J.S.A. 2C:12-1, et seq., including
but not limited to assault, reckless endangerment, threats, stalking;
N.J.S.A. 2C:13-1, et seq., including but not limited to kidnapping;
N.J.S.A. 2C:14-1, et seq., including but not limited to sexual assault;
or N.J.S.A. 2C:15-1, et seq., including but not limited to robbery;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1,
et seq., including but not limited to endangering the welfare of a
child;
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes.
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
[Ord. No. 2017:20]
a.
Upon approval to volunteer by the Recreation Director or his/her
designee, the prospective volunteer shall submit all required personal
information for the criminal history record background check to be
performed directly to the Borough's designated provider in a manner
determined by that provider. Thereafter, all subsequent background
checks on approved volunteers shall be required at a minimum of every
three years after the date of the initial check.
b.
If required, the New Milford Borough Police Department shall collect
and disseminate any information obtained as a result of conducting
the criminal history record background checks pursuant to this section.
[Ord. No. 2017:20]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to only
the members of the Review Committee, as authorized by Federal or State
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history record information
obtained under this section.
b.
The Review Committee shall limit its use of criminal history record
information solely to the individual for which it was obtained, and
the criminal history record information furnished shall not be disseminated
to any unauthorized persons. Any person violating any controlling
Federal or State regulations governing access to criminal history
records information may be subject to criminal and/or civil penalties.
[Ord. No. 2017:20]
a.
A person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the criminal history
record background check, however any pending disqualification event,
or disqualification event on appeal shall be binding until such time
as the matter is concluded. In the event the matter is concluded without
resulting in a disqualifying event, the volunteer may reapply.
b.
Upon receipt of information of disqualification, the Review Committee
shall promptly provide written notice to a prospective volunteer whose
criminal history record background check reveals a disqualifying conviction.
The person shall have 30 days from the receipt of that notice to petition
the Review Committee (in writing addressed to the Borough's Administrator),
of an intention to challenge and/or review the accuracy of the information
received and the Committee's determination. The individual shall cite
reasons substantiating the challenge and review.
c.
Notwithstanding the criteria set forth in subsection 3-10A.3 of this section, a person may still be permitted to serve as an employee or volunteer, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee in its sole discretion, shall consider the following factors:
1.
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
2.
The nature and seriousness of the offense;
3.
The circumstances under which the offense occurred;
4.
The date of the offense;
5.
The age of the person and the victim (if any) when the offense was
committed;
6.
Whether the offense was an isolated or repeated incident.
d.
The Review Committee shall promptly advise an organization in writing
if a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
e.
The potential demonstration of rehabilitation shall not apply to
persons who have been convicted, adjudicated, delinquent or acquitted
by reason of insanity.
f.
When the Review Committee provides written notification to an individual
stating whether the criminal history record background check performed
pursuant to this section reveals a disqualifying offense, or stating
that the person has affirmatively demonstrated rehabilitation under
this chapter, the Review Committee may file that written notification
with the Borough of New Milford Police Department.
g.
The Borough of New Milford Police Department shall keep any such
written notification received from the Review Committee on file for
three years from the date it was issued.
h.
The Review Committee may request the Borough of New Milford Police
Department to review its files to determine if there is written notification
on file stating whether a criminal history record background check
of a current or prospective volunteer revealed a disqualifying offense,
or stating that the person has affirmatively demonstrated rehabilitation
under this section. A current or prospective volunteer shall not be
required to submit to another criminal history record background check
if such written notification was issued within the past three years.
i.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification that
may be on file with the Borough of New Milford Police Department pursuant
to the provisions of this section.
[Ord. No. 96:06 § I]
As used in this section:
Shall mean any public street, avenue, right-of-way or highway
in the Borough.
[Ord. No. 96:06 § I]
Whenever snow has fallen and the accumulation is such that it
covers the street and/or sidewalk, the Chief of Police, or, in the
Chief's absence, the ranking police officer, shall record the time
that the street and/or sidewalk became covered with snow and shall
record the time that the snow has ceased falling.
[Ord. No. 96:06 § I; Ord. No. 2002:13; Ord.
No. 2004-21; Ord. No. 2015:07]
a.
Removal Required. In the event that snow has fallen and the accumulation
is such that it covers the sidewalk, the owner of any land abutting
or bordering on the sidewalks of any street shall remove or cause
to be removed all snow and ice from the abutting or bordering sidewalk
within 24 hours after the snow has ceased falling. In the event that
ice becomes so frozen as to make removal impracticable, the owner
shall, within the same time period, thoroughly cover or cause to be
thoroughly covered the ice with sand, ashes, cinders, dirt or other
appropriate substance and remove or cause to be removed the ice as
soon as practicable.
b.
No Depositing Snow onto Street. No person, firm or corporation shall
deposit or cause to be deposited any snow or ice onto any street at
any time.
d.
Costs for Removal by Borough. When the Department of Public Works has removed snow and/or ice pursuant to subsection 3-11.3c, the Department shall certify the cost of the removal to the Mayor and Council. The Mayor and Council, after verifying the amount, shall, by resolution, cause the cost to be charged against the land abutting or bordering the sidewalk, and the amount so charged shall become a lien upon the land, shall be added to and become a part of the taxes next to be assessed and levied upon the land, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
e.
Subsection 3-11.3 shall not affect the relative obligations of any landlord or tenant concerning snow removal or liability therefor provided for by any lease.
f.
Any person, firm or corporation that shall violate the provisions
of this section or any supplement thereto, shall, upon conviction
thereof in the Borough Municipal Court, be subject to the penalty
per occurrence, as follows: On commercial property - a fee of not
less than $250.00 and not greater than $1,250.00 per occurrence; on
non-commercial property - a fee of not less than $100.00 and not greater
than $1,250.00 per occurrence. Each day on which such violation continues
shall constitute a separate occurrence. It is the intention of the
Governing Body that the fines should escalate for subsequent violations.
[Ord. No. 96:06 § I; Ord. No. 2004:21]
a.
Signs. The Police Department shall post a sign at every entrance
to the Borough reading as follows:
"NO PARKING ON ANY STREET IN THE BOROUGH OF NEW MILFORD WHEN
SNOW COVERED"
b.
Parking Prohibited. In the event that snow has fallen and the accumulation
is such that it covers the street, no vehicle shall be parked on either
side of any street in the Borough until the snow has ceased falling
and the street has been plowed. The owner or operator of any vehicle
parked on the street prior to the time that the street became covered
with snow shall remove it from the street within two hours after the
street became covered with snow.
c.
Removal of Vehicles by Borough. Any unoccupied vehicle parked or standing in violation of subsection 3-11.4b shall be deemed a nuisance and menace to the safe and proper regulation of traffic, and the Police Department or Department of Public Works may provide for the removal of such vehicle. The owner shall pay the costs of the removal and storage of the vehicle, not in excess of rates permitted by Chapter 4, subsection 4-15.16 entitled "Rates" before regaining possession of the vehicle.
d.
Violations and Penalties. Any person convicted of a violation of
a provision of this subsection, or any supplement thereto, shall be
liable to a penalty of $75 for each day of occurrence.
[Amended 4-25-2022 by Ord. No. 2022:11]
[Ord. No. 96:06 § I]
[Ord. No. 2005:03 § I]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of New Milford, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2005:03 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2005:03 § III]
No person shall feed, in any public park or on any other property
owned or operated by the Borough of New Milford, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 2005:03 § IV]
[Ord. No. 2005:03 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,000.
[Ord. No. 2017:19]
This section is adopted in order to protect the environment,
particularly the wildlife, and health, safety and well-being of persons
and property by prohibiting the intentional release of helium balloons
into the atmosphere, including latex and mylar, as it has been determined
that the release of balloons inflated with lighter-than-air gases
pose a danger and nuisance to the environment, particularly to wildlife
and marine animals so as to constitute a public nuisance and may pose
a threat to the safety of its inhabitants and their property.
[Ord. No. 2017:19]
It shall be unlawful for any person, firm or corporation to
intentionally release, organize the release, or intentionally cause
to be released balloons inflated with a gas that is lighter than air
within the Borough of New Milford limits, except for:
[Ord. No. 2017:19]
Any person found in violation is guilty of a non-criminal infraction
punishable by a fine not to exceed the sum of $500.
[Added 9-12-2022 by Ord.
No. 2022:20]
Municipal office areas in New Milford Borough Hall, 930 River
Road; New Milford Police Department, 112 Patrolman Ray Woods Drive;
New Milford DPW, 850 Robert Chester Way; New Milford Senior Center,
275 River Road; and New Milford Public Library, 200 Dahlia Drive,
have been secured and such offices are not open to the public for
the purpose of protecting documents, digital data and other written,
copied or printed materials that are not subject to the Open Public
Records Act, which may include, but are not limited to, personally
identifiable information that is protected by the statutes of the
State of New Jersey and the federal laws of the United States.
[Added 9-12-2022 by Ord.
No. 2022:20]
The Borough of New Milford shall be required to post signs outside
of offices which read, "Restricted Area, Authorized Employees Only."
[Added 9-12-2022 by Ord.
No. 2022:20]
Persons that trespass these posted, protected offices may be
subject to prosecution under N.J.S.A. 2C:18-3.
[Added 9-12-2022 by Ord.
No. 2022:20]
This section shall take effect after publication thereof and
final passage as required by law.
[Added 8-28-2023 by Ord. No. 2023:27]
Limitation on parking of motor vehicles by certain commercial
motor vehicle establishments.
[Added 8-28-2023 by Ord. No. 2023:27]
As used in this section, the following terms have the following
meanings:
Shall mean a motor vehicle repair shop, motor vehicle service
station, rental motor vehicle business, motor vehicle fueling station,
or motor vehicle maintenance shop.
Shall mean a means a motor vehicle that is owned by a commercial
motor vehicle establishment for the purpose of selling, renting, or
leasing to a consumer.
Shall mean a building or other structure or premises used
for the retail dispensing or sales of vehicular fuels, including the
retail sales of oil, grease, anti-freeze, tires, batteries, and automobile
accessories.
Shall mean any person, entity, or business, who for compensation,
is wholly or partially engaged in the business of performing vehicle
maintenance such as fueling, changing oil, batteries, or tires, replacing
fan belts, air filters or oil filters, installing windshield wiper
blades or light bulbs, or such other minor repair and servicing functions.
Shall mean any person, entity, or business, who for compensation,
is wholly or partially engaged in the business of repairing or diagnosing
motor vehicle malfunctions or repairing motor vehicle bodies, fenders
or other components damaged by accident or otherwise. The term "motor
vehicle repair shop" also includes any shop, drive-in station, or
garage at which motor vehicles are inspected for the purposes of appraising,
evaluating, or estimating the extent or value of motor vehicle damage
or the necessity or cost of motor vehicle repairs.
Shall mean a repair shop for motor vehicles including major
repairs and clearly accessory services, including the retail dispensing
or sales of vehicular fuels, but not including spray booths for painting
of vehicles.
Shall mean to place or put a motor vehicle on a public street
or roadway so that the car is not in motion and is not in control
of the driver.
Shall mean any motor vehicle that is in the possession, care,
custody of, or is being operated at the direction of a commercial
motor vehicle establishment for the purpose of maintenance, service,
or repair, but is not owned by such commercial establishment.
Shall mean to park, place, or put a motor vehicle aside for
use or future use when needed, to put for safekeeping, and/or to place
or leave on a public street or roadway.
[Added 8-28-2023 by Ord. No. 2023:27]
It shall be unlawful for any commercial motor vehicle establishment
to park, store, idle or otherwise maintain on any public street any
inventory vehicle or shop vehicle.
[Added 8-28-2023 by Ord. No. 2023:27]
a.
Any owner of a commercial motor vehicle establishment found to be
in violation of this section is liable for a civil penalty of not
less than $250 and not more than $1,200. For purposes of this section,
every day that any single inventory vehicle or shop vehicle is parked
in violation of this section shall be considered a separate violation.
b.
Where an owner or lessee of a motor vehicle, other than a commercial motor vehicle establishment, receives a summons for a violation of Subsection 3-15.3, it is an affirmative defense that such motor vehicle was in the care, custody or possession of, or operated at the direction of a commercial motor vehicle establishment at the time of the violation alleged in the summons.
c.
The penalties and fees provided for in this section shall be in addition
to any other penalties, fees or remedies provided by law or regulation.
[Added 9-11-2023 by Ord. No. 2023:31]
No person shall use metal detectors or similar devices on any
public property located within the Borough of New Milford, including,
but not limited to, any Borough property, parks, fields, rights-of-way,
or any property under the care of the Borough of New Milford.
Notwithstanding the foregoing, utility companies are exempt
from this section.
[Added 9-11-2023 by Ord. No. 2023:31]
Any person, as defined above, who shall violate any of the prohibitions of Subsection 3-16.1 shall upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. Each day on which such violation continues shall constitute a separate occurrence. It is the intention of the Governing Body that the fines should escalate for subsequent violations.
