[1984 Code § 6-2.1]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
[1984 Code § 6-2.2; Ord. No. 657 § 1]
Without intending to limit the generality of subsection 3-1.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section.
Radios, Televisions, Phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound, in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m., so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be a prima facie evidence of a violation of this section.
Yelling, Screaming. Yelling, shouting or hooting on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs.
Animals, Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5.
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle, except when required by law, when necessary to give timely warning of the approach of the vehicle, or when warning of impending danger to persons driving other vehicles or to pedestrians. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that loud and unnecessary grating, grinding, rattling or other noises are created.
Construction or Repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. to 8:00 p.m., Monday through Fridays; 8:00 a.m. to 6:00 p.m., Saturdays; 10:00 a.m. to 6:00 p.m., Sundays and Holidays. In the case of urgent necessity or in the interest of public health or safety, the Director of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between hours otherwise prohibited by this section. Holidays, as set forth herein, shall mean New Years Day; Martin Luther King, Jr. Day; President's Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day and Christmas Day.
Schools, Courts, Places of Worship. The creation of excessive noise on a street adjacent to a school, institution of learning, place of worship or court while in use which unreasonably interferes with the working of the institution or which disturbs or unduly annoys occupants, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or place of worship.
Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device other than between the hours of 7:00 a.m. to 8:00 p.m., Monday through Friday; 8:00 a.m. to 6:00 p.m., Saturdays; 10:00 a.m. to 6:00 p.m., Sundays and Holidays. Holidays are defined as set forth in paragraph a7 of this section.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
In addition to the specific examples set forth above, noise shall be defined as:
A sound pressure level greater than 55 decibels measured on the A scale in residential areas between the hours of 7:00 a.m. to 10:00 p.m.; and
A sound level in excess of 50 decibels as measured on the A scale in residential areas between the hours of 10:00 p.m. and 7:00 a.m.;
The following are exempt from the requirements set forth above:
Noise from the sounding of horns as described in paragraph a4 above.
Noise from the items set forth in paragraph a9 above, provided the equipment is operated with a functioning muffler, and provided they produce less than 85 dBa at or within any real property line of a residential property.
Noise from the items set forth in paragraph a7, construction or repair above, provided the equipment is operated with a functioning muffler, and provided that they produce less than 85 dBa at or within any real property line of a residential property.
Noise from snowblowers, snowthrowers and snowplows when operated with a muffler provided they produce less than 85 dBa at or within any real property line of a residential property.
Noise from stationary emergency signaling devices conforming with the provisions of N.J.A.C. 7:29-13.
Noise from exterior burglar alarm of a building or motor vehicle provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
Motor vehicles except as herein provided.
[1984 Code § 6-2.3]
Nothing herein contained shall be construed to apply to:
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
The playing by a band or orchestra in a hall or building or in the open air, where duly authorized.
The peaceful assembly of citizens.
[1984 Code § 6-2.4]
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Council for each occasion and each location:
Sound trucks shall not be operated in residential zones in the Borough before 9:00 a.m. and after 7:00 p.m.
Sound trucks shall not be operated in commercial zones in the Borough before 9:00 a.m. and after 9:00 p.m.
Moving sound trucks shall keep to the extreme right hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
Stationary sound trucks are prohibited in all residential zones in the Borough.
[1984 Code § 6-1.1]
As used in this section:
- Shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- PUBLIC PLACE
- Shall mean all streets, sidewalks, boulevards, alleys or other public ways, and all public parks, squares, spaces, grounds and buildings.
- Shall mean all putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial waste.
- Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks.
[1984 Code § 6-1.2]
No person shall sweep, throw, deposit or dump litter in or on any property whether occupied, open or vacant and whether owned by that person, or in a public place or pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection.
[1984 Code § 6-1.3]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property.
[1984 Code § 6-1.4]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, right-of-way or other public place within the Borough the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[1984 Code § 6-1.5]
No person while a driver or passenger in a vehicle shall throw or deposit litter in or upon any public or private property.
[1984 Code § 6-1.6]
No person shall bring, cart, remove, transport or collect any litter from outside the Borough and bring it into the Borough for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street in the Borough or on any public property for a period in excess of two hours.
[1984 Code § 6-1.7]
Advertisements, handbills, circulars and papers may be distributed (after notification to the Borough Clerk) in the Borough only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the Borough.
[Ord. No. 810 § 1; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5 with a minimum penalty established of $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Ord. No. 705 § 1; amended 9-14-2019 by Ord. No. 19-11]
As used in this section, the following terms shall have the meanings indicated:
- The Municipal Recycling Coordinator as designated by the Mayor and Council.
- DISPOSABLE FOOD CONTAINER
- A container, bowl, plate, tray, utensil, carton or other item designed for one-time use for foods.
- "Disposable food container" includes foodware for take-out foods and leftovers from partially consumed meals prepared by food vendors.
- FOOD ESTABLISHMENT
- An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, including but not limited to any establishment requiring a permit to operate in accordance with state and local regulations.
- An organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable, and to which additives or other substances may have been added, except for natural polymers that have not been chemically modified.
- Means and includes expanded polystyrene (EPS) which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes clear or solid polystyrene, which is known as "oriented polystyrene."
- POLYSTYRENE FOAM
- Blown polystyrene and expanded and extruded foams using polystyrene.
- POSTCONSUMER RECYCLED MATERIAL
- A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
- With regard to a material, shall mean that a material that would otherwise be disposed of or processed as waste can be recovered, separated, collected and reprocessed for the purpose of using the reprocessed material in the manufacture of a new product.
- RECYCLED PAPER BAG
- A paper bag that is 100% recyclable and contains a minimum of 40% postconsumer recycled content.
- RETAIL SALES ESTABLISHMENT
- Any person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods or materials directly to a customer, whether for profit or not for profit, including but not limited to restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, and household goods stores.
- REUSABLE GROCERY BAG
- A sewn bag with stitched handles that is:
- a. Specifically designed and manufactured for at least 175 uses;
- b. Can carry 25 pounds over a distance of 300 feet;
- c. Is machine-washable or made from a material that can be cleaned or disinfected;
- d. Contains a minimum of 20% postconsumer recycled material if made from plastic and minimum 3-mil plastic bag printed as reusable so that it is clear to the customer.
- SINGLE-USE CARRYOUT BAG
- A bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale that is not a recycled paper bag or a reusable grocery bag.
- SINGLE-USE PLASTIC STRAW
- A single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. "Single-use plastic straw" or container shall not include a straw or container made from nonplastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo, or a straw or container expressly marketed as and intended for reuse.
No person may sell or provide in the Borough of Haworth any foodware product composed in whole or in part of extruded or expanded polystyrene foam:
No retail establishment or food distributor shall serve or sell prepared food or beverage in polystyrene foam containers and shall not package meat, eggs, bakery products, or other food in polystyrene foam containers.
No store, food distributor, or food packager shall package meat, eggs, bakery products, or other food in polystyrene foam containers.
No store that sells tangible personal property at retail shall sell polystyrene foam food or beverage containers.
No polystyrene foam food or beverage container shall be used in any government facility or government-sponsored event.
No government department or facility shall purchase or acquire polystyrene foam food or beverage containers.
All parties who contract with the government shall be prohibited from using polystyrene foam food and beverage containers in government facilities or on government-funded projects within the Borough.
Except as provided in this section, a retail sales establishment shall not provide a single-use carryout bag to a customer at the point of sale or otherwise make plastic bags available to customers. This prohibition does not apply to:
Non-handled bag used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag.
Bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies, small hardware items; bags used to contain or wrap frozen foods, meat and fish, flowers or potted plants, or other items to contain dampness.
Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing.
Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
Bags used to contain live animals, such as fish or insects sold in pet stores.
Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer.
A food or other retail establishment shall not provide a single-use plastic straw or bag to a customer, unless that customer requests a single-use plastic straw or bag due to physical disability or medical condition. A cold drink stirrer may be provided to any customer upon request.
Food establishments required to only provide straws on request shall clearly and visibly display signage developed by the Borough, as described in Subsection 3-3.2e of this section.
The Borough shall design and publish on the municipal website signage advertising this section and explaining that single-use plastic straws are intended primarily for those with a disability.
A retail sales establishment may make available for purchase a recycled paper bag, for a charge of no less than $0.10.
A retail sales establishment may make available for purchase a reusable grocery bag, for a charge of no less than $0.10.
A retail sales establishment which collects a charge under Subsection 3-3.3a and b shall exempt a customer from the paper bag fee when that customer uses an electronic benefits transfer (EBT) card or is using a payment card or voucher issued by the Supplemental Nutrition Assistance Program (SNAP) or Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
All fees collected pursuant to this section shall be retained by the retail sales establishment.
The Borough Environmental Commission shall design educational materials for display in retail establishments. Educational materials shall include, but not be limited to:
Upon being made aware of a potential violation of this section, the Department shall investigate and determine whether a violation has occurred.
If the investigation confirms that a violation has occurred, the Department shall give written notice to the owner of the property, the owner's agent, and/or the person committing the violation that the violation is occurring and must immediately cease.
If an additional violation of this section has occurred within one month after a warning notice has been issued for an initial violation, the Department shall issue a notice of violation and shall impose a penalty against the retail establishment.
[1984 Code § 6-9.4]
No person shall 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 while in or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground or recreation area, or school building or grounds, or any other public or quasi-public place or in any public conveyance.
Editor's Note: See also subsection 95.2 for permit for consumption of alcoholic beverages in public facilities.
[Ord. No. 877 § 1]
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Ord. No. 877 § 2]
Any person violating the provisions of this section shall be subject to a fine of $250 for the first offense and a fine of $350 for any subsequent offense.
[Ord. No. 877 § 3]
In addition to the fine authorized for this offense, the Court may, upon a finding of guilt, suspend or postpone for six months the driving privileges of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report from the Court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 877 § 4]
Nothing contained in this section is intended, nor shall it be construed as prohibiting an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
As used in this section, the following terms shall have the meanings indicated:
Nothing contained in this section is intended nor shall it be construed as prohibiting possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who is licensed under New Jersey Statutes Title 33, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[1984 Code § 6-6.1]
As used in this section:
- Shall mean any real property within the Borough which is not a street or highway.
- STREET OR HIGHWAY
- Shall mean the entire width between the boundary lines of every way maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
- Shall mean a machine propelled by other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and to transport persons or property or pull machinery, including, but not by way of limitation, an automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
[1984 Code § 6-6.2]
No person shall abandon a vehicle within the Borough and no person shall leave a vehicle at any place within the Borough for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned.
[1984 Code § 6-6.3]
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on a street or highway within the Borough.
[1984 Code § 6-6.4]
No person in charge or control of property within the Borough, whether as owner, tenant, occupant, lessee, or otherwise, shall allow partially dismantled, nonoperating, wrecked, junked or discarded vehicles to remain on the property longer than 48 hours; and no person shall leave such vehicles on any property within the Borough for a longer time than 48 hours. This subsection shall not apply to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of the business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
[1984 Code § 6-6.5; New]
The Chief of Police or any member of the Police Department designated by him is authorized to remove or have removed any vehicle left at any place within the Borough which appears to be present in violation of this section. Such a vehicle shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes. The Chief of Police, or any member of the Police Department acting for him, shall notify the registered and legal owner in writing by personal service or by certified mail, at the last-known address of the owner, of the removal of the vehicle, the reason for the removal, and the location of the vehicle. The vehicle shall be retained and impounded until the owner or his authorized agent pays the cost of such taking and removal, together with a garage charge of $20 for each day that the vehicle is retained and impounded.
[1984 Code § 6-8.1]
The Borough has suffered in the past on the nights of October 30 and October 31, known as "Cabbage Night" and "Halloween," respectively, from the groups of disorderly minors who cause disorders, threaten riots, cause damage to person and property, and require many Police Officers to control the situation and maintain the peace of an otherwise normal and peaceful community.
[1984 Code § 6-8.2]
A state of curfew is hereby declared for persons under the age of 18 on all public streets, properties and parks on October 30 and October 31 of each year between the hours of 9:00 p.m. prevailing time until sunrise of the succeeding day.
[1984 Code § 6-8.3]
Any person under the age of 18 found on any public street, property or park during the prohibited times shall be in violation of the provisions of such curfew.
[1984 Code § 6-8.4]
The maximum penalty, upon conviction, for violation of this section shall be a fine not exceeding $50.
[1984 Code § 6-11.1]
As used in this section:
- Shall mean any unemancipated person under the age of 18 years.
- Shall mean a natural parent of a minor, a legal guardian of such minor, or any other adult person who has voluntarily or otherwise assumed the responsibilities of a natural parent with respect to custody, care and control of the minor. For the purposes of the enforcement of this section, the term "parent" shall not apply to a natural parent, legal guardian or other person whose responsibility for the custody and control of such minor has been terminated by court order, or the emancipation of the minor by marriage, military service or other circumstances. A person claiming the benefit of any such termination of responsibilities shall bear the burden of establishing the same in any proceedings hereunder.
- VIOLATION OF THE PUBLIC PEACE
- Shall be defined and include any of the following acts:
- a. Defacing, damaging or destroying public property.
- b. Committing an assault or assault and battery upon another in the Borough.
- c. Robbery, stealing or larceny including shoplifting.
- d. Knowingly receiving stolen property.
- e. Violation of any loitering or curfew laws of the Borough.
- f. Breaking and entering or entering without breaking into the property of another with the intent to steal.
- g. Threatening another with the intention of extorting money or anything of value.
- h. Possession or use of a controlled dangerous substance, as same shall be defined under Title 26 Chapter 35 Violations, of the New Jersey Statutes, or juvenile delinquency based upon any of the above offenses
- i. Possession of alcoholic beverage or being under the influence of alcoholic beverage.
[1984 Code § 6-11.2]
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor. Whenever a minor shall be taken into custody or detained for the commission of any such violation of the public peace within the Borough, the parents of such minor shall be immediately notified by the Police Department of such custody or detention and the reasons therefor, and of the responsibility of parents under this section. When a minor is charged with a violation of the public peace, as defined herein, and the court makes an adjudication of delinquency, the Chief of Police, or his designated agent, shall forthwith serve written notice of the adjudication of delinquency upon the parent, together with a written warning, in a form approved by the Borough Attorney of the penalties and other provisions of this section with respect to the commission within one year of a second violation of the public peace by the minor. If at any time within one year of the giving of such notice, such minor shall be charged with a violation of the public peace, and shall again be adjudicated delinquent, it shall be presumed, subject to rebuttal by competent evidence that the parent of the minor during the period of time, allowed, permitted or suffered the minor to commit a violation of the public peace. A record of such notifications shall be kept by the Police Division.
[1984 Code § 6-11.3]
[1984 Code § 6-10.1]
No person shall enter upon, or remain on, any lands, title to which is vested in the Borough, for the purpose of trapping or to take any bird or animal.
[1984 Code § 6-10.2]
No officer, agent or employee of the Borough shall have the authority to grant permission to any person to do that which is prohibited by subsection 3-11.1 of this section.
[1984 Code § 6-10.3]
Signs shall be posted and maintained on all the Borough property communicating the prohibition provided by this section.
[Ord. No. 888 § I]
The purpose of this section is to control and regulate motorcycles, motorized sport bikes, snowmobiles and all-terrain vehicles, as defined in N.J.S.A. 39:3C-1, et seq., in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the Borough of Haworth.
[Ord. No. 888 § I]
As used in this section, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- Shall mean a motor vehicle, designed to travel over any terrain, of a type possessing between three (3) and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
- Shall mean any two-wheeled, motor propelled apparatus licensed by the State of New Jersey for operation on the public highways.
- MOTORIZED SPORT BIKE
- Shall mean any two, three or four-wheeled bicycle or similar apparatus, motor propelled or having a helper motor and commonly referred to, among other designations, as a "moped", "minibike", "go-cart", "dirt bike", "trail bike" or the like which, by its nature, is not authorized to be licensed by the State of New Jersey, Department of Motor Vehicles, for use upon the public highways, notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.
- PRIVATE PROPERTY
- Shall mean all lands in the Borough not defined as public property or part of the public road system.
- PROPER OPERATING CONDITION
- Shall mean having all original operating equipment specified for the motorcycle, motorized sport bike, snowmobile or all-terrain vehicle by the original manufacturer, and with the same in operating condition at least equal to the manufacturer's requirements for the proper operation thereof or the equivalent thereof.
- PUBLIC ROAD
- Shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- PUBLIC PROPERTY
- Shall mean lands owned or leased by the Borough of Haworth, the County of Bergen, the State of New Jersey, the Board of Education of the Borough or any other equivalent public body, including conservation areas, utility easements and drainage easements, but specifically excluding therefrom any roadways being used for public transportation and being part of the accepted public road system of the Borough, County or State.
- Shall mean any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
It shall be unlawful for any person to operate or permit to be operated a motorized sport bike, snowmobile or all-terrain vehicle, as defined herein, on any public lands or property, including but not limited to playgrounds and recreational areas.
It shall be unlawful for any person to operate or permit to be operated a motorcycle on public grounds or property, including but not limited to playgrounds and recreational areas, except on public roads, streets or highways as defined in N.J.S.A. 39:1:1, et seq., and public parking areas.
It shall not be unlawful for any public employee or other party with an appropriate permit to operate a snowmobile or all-terrain vehicle on designated public property for the purpose of maintaining, repairing or doing work upon said lands for the public good.
Limited Access Highways. No person shall operate a motorized sport bike, snowmobile or all-terrain vehicle upon limited access highways or within the right-of-way limits thereof.
Public Roads. No person shall operate a motorized sport bike, snowmobile or all-terrain vehicle upon the traveled portion of any public road, street or highway, or within the right-of-way limits thereof, except as follows:
Properly registered motorized sport bikes, snowmobiles and all-terrain vehicles may cross, as directly as possible, public roads, streets or highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction of such public road, street or highway. Prior to making any such crossing, the operator shall bring the motorized sport bike, snowmobile or all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of the motorized sport bike, snowmobile or all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing the same.
Whenever it is impractical to gain immediate access to an area adjacent to a public road, street or highway where a motorized sport bike, snowmobile or all-terrain vehicle is to be operated, it may be operated adjacent and parallel to such public road, street or highway for the purpose of gaining access to the area of operation. This section shall apply to the operation of a motorized sport bike, snowmobile or all-terrain vehicle from the point where it is unloaded from a motorized conveyance to the area where it is to be operated or from the area where operated to a motorized conveyance when such loading or unloading cannot be effected in the immediate vicinity to the area of operation without causing a hazard to vehicular traffic approaching from either direction on said public road, street or highway. Such loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.
Private Property; Written Consent Required. No person shall operate a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle on the property of another without receiving the consent of the owner of the property or the person who has a contractual right to the use of such property. No person shall continue to operate a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle on the property of another after consent has been withdrawn. The consent as required shall be by the written consent of the owner of the property or the person who has the contractual right to the use of such property. When such written consent has been obtained, the operator shall keep the same on his person for display to the appropriate authorities. The failure to present such written consent upon request shall constitute a violation hereunder.
[Ord. No. 888 § I]
Passengers. No person operating a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle shall carry any other person, except in a place designated therefor and equipped therefor as part of the original manufacture for said purpose and in no event shall a rider be carried on the handlebar thereof.
Harsh, Objectionable or Unreasonable Noise. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle in such manner as to cause a harsh, objectionable noise so as to disturb or interfere with the peace and quiet of other persons.
Careless, Reckless or Negligent Operation. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle in a careless, reckless or negligent manner so as to endanger the safety or property of any person.
Protective Helmets. It shall be unlawful for any person to operate or permit to be operated, or to ride as a passenger on, a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle without wearing a protective helmet approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the State of New Jersey. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in N.J.S.A. 39:3-76.7 through N.J.S.A. 39:3-76.10.
Proper Operating Condition; Headlights, Taillights, Brakes and Mufflers. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle which is not in proper operating condition, or which is not equipped with working headlights and taillights, brakes and proper muffler(s) as supplied by the motor manufacturer for the particular model without modifications.
Lighted Headlights and Taillights. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle without lighted headlights and lighted taillights.
Pursuit of Wildlife. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle at any time and in any manner intended or reasonably expected to harass, drive or pursue any wildlife, or further to destroy or damage crops, cropland, soils or vegetation.
Railroads. It shall be unlawful for any person to operate or permit to be operated a motorcycle, motorized sport bike, snowmobile or all-terrain vehicle upon any railroad tracks or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
[Ord. No. 888 § I]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punished for a first offense by a fine of not less than $100 nor more than $200, or by community service of not more than 90 days, or both, as determined by the Municipal Court Judge. For a second or subsequent offense, a fine of not less than $200 nor more than $500, or community service of not more than 90 days, or both, shall be imposed. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.
In addition to the fines set forth above, any police officer may, at his or her discretion;
Impound any motorcycle, motorized sport bike, snowmobile or all-terrain vehicle operated on public or private property alleged to be in violation of this section, either by virtue of its operation and use contrary to the provisions of this section or by virtue of its operation by an unlicensed driver; or
Impound any motorcycle, motorized sport bike, snowmobile or all-terrain vehicle operating on the public roadways in violation of any then-applicable State statute or any regulation validly promulgated by any State agency having jurisdiction.
Said period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable cost of said removal and storage constituting impoundment, which cost shall be in addition to any other fine or penalty levied or collected under the terms of this section. The Chief of Police or his designee may authorize early release.
In addition to all other penalties, the violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Ord. No. 921 § I]
Any resident of the Borough of Haworth may apply for and obtain a resident photo identification card in accordance with the requirements of this section.
[Ord. No. 921 § I]
Any resident desiring to obtain a resident photo identification card shall submit to the Haworth Police Department an application form, prepared and furnished by the Haworth Police Department.
[Ord. No. 921 § I]
Two separate and distinct forms of identification, containing the residents address within the Borough of Haworth, shall be presented by the resident at the time of submission of the resident photo identification card application to the Police Department.
[Ord. No. 921 § I]
The applicant shall submit a money order or check, payable to the Borough of Haworth, in the amount of $5 to help defray the expense of processing the application.
[Ord. No. 921 § I]
Upon receipt of a complete application, including the requisite identification and fee, the Police Department shall photograph the resident, affix the photograph to the resident photo identification card and issue the card. Each resident photo identification card shall bear the signature of the resident to whom it has been issued.
[Ord. No. 921 § I]
A resident photo identification card, issued by the Haworth Police Department pursuant to this section, shall confer no greater rights, privileges or immunities upon the bearer than are possessed by other residents of the Borough but such card shall serve only to identify the bearer as a resident of the Borough of Haworth. Any person utilizing or attempting to utilize a resident photo identification card not belonging to that person, or utilizing or attempting to utilize a resident photo identification card for any illegal purpose shall, upon conviction in the Municipal Court, be subject to a fine not to exceed $1,000, or imprisonment for a period not to exceed 90 days.