[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]
a.
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.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
b.
In addition to the specific examples set forth above, noise shall
be defined as:
1.
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
2.
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.;
3.
The following are exempt from the requirements set forth above:
(a)
Noise from the sounding of horns as described in paragraph a4
above.
(b)
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.
(c)
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.
(d)
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.
(e)
Noise from stationary emergency signaling devices conforming
with the provisions of N.J.A.C. 7:29-13.
(f)
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.
(g)
Motor vehicles except as herein provided.
[1984 Code § 6-2.3]
Nothing herein contained shall be construed to apply to:
a.
The use of bells, chimes or sound amplifiers by churches engaged
in church activities.
b.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
c.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
d.
The playing by a band or orchestra in a hall or building or in the
open air, where duly authorized.
e.
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:
a.
Sound trucks shall not be operated in residential zones in the Borough
before 9:00 a.m. and after 7:00 p.m.
b.
Sound trucks shall not be operated in commercial zones in the Borough
before 9:00 a.m. and after 9:00 p.m.
c.
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.
d.
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.
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.
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.
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."
Blown polystyrene and expanded and extruded foams using polystyrene.
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.
A paper bag that is 100% recyclable and contains a minimum
of 40% postconsumer recycled content.
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.
A sewn bag with stitched handles that is:
Specifically designed and manufactured for at least 175 uses;
Can carry 25 pounds over a distance of 300 feet;
Is machine-washable or made from a material that can be cleaned
or disinfected;
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.
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.
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.
a.
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:
1.
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.
2.
No store, food distributor, or food packager shall package meat,
eggs, bakery products, or other food in polystyrene foam containers.
3.
No store that sells tangible personal property at retail shall sell
polystyrene foam food or beverage containers.
4.
No polystyrene foam food or beverage container shall be used in any
government facility or government-sponsored event.
5.
No government department or facility shall purchase or acquire polystyrene
foam food or beverage containers.
6.
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.
b.
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:
1.
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.
2.
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.
3.
Laundry, dry cleaning, or garment bags, including bags provided by
hotels to guests to contain wet or dirty clothing.
4.
Bags sold in packages containing multiple bags intended for use as
garbage, pet waste, or yard waste bags.
5.
Bags used to contain live animals, such as fish or insects sold in
pet stores.
6.
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.
c.
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.
d.
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.
e.
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.
A retail sales establishment may make available for purchase a recycled
paper bag, for a charge of no less than $0.10.
b.
A retail sales establishment may make available for purchase a reusable
grocery bag, for a charge of no less than $0.10.
c.
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).
d.
All fees collected pursuant to this section shall be retained by
the retail sales establishment.
f.
The Borough Environmental Commission shall design educational materials
for display in retail establishments. Educational materials shall
include, but not be limited to:
a.
Upon being made aware of a potential violation of this section, the
Department shall investigate and determine whether a violation has
occurred.
b.
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.
c.
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,[1] or school building or grounds, or any other public or
quasi-public place or in any public conveyance.
[1]
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
As used in this section, the following terms shall have the meanings
indicated:
c.
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.
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.
Shall be defined and include any of the following acts:
Defacing, damaging or destroying public property.
Committing an assault or assault and battery upon another in
the Borough.
Robbery, stealing or larceny including shoplifting.
Knowingly receiving stolen property.
Violation of any loitering or curfew laws of the Borough.
Breaking and entering or entering without breaking into the
property of another with the intent to steal.
Threatening another with the intention of extorting money or
anything of value.
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
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:
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.
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.
Shall mean all lands in the Borough not defined as public
property or part of the public road system.
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.
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.
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.
a.
Public Lands.
1.
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.
2.
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.
3.
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.
b.
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.
c.
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:
1.
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.
2.
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.
d.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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]
a.
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.
b.
In addition to the fines set forth above, any police officer may,
at his or her discretion;
1.
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
2.
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.
c.
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.
d.
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.
[Added 5-25-2021 by Ord.
No. 21-11]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16), all cannabis establishments, cannabis distributors or cannabis
delivery services are hereby prohibited from operating anywhere in
the Borough of Haworth, except for the delivery of cannabis items
and related supplies by a delivery service.
Any person found guilty of violating the provisions of this section shall be subject to such fines and penalties as set forth in § 1-5 of the Borough Code.
