[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.
