[Ord. No. 2014-922]
As used in this section:
Shall mean a person other than a Parent, to whom legal custody
of the Juvenile has been given by Court Order or who is acting in
the place of the Parent, or is responsible for the care and welfare
of the Juvenile.
Shall mean an individual who is under the age of 18 years.
Shall mean the mother, father or stepmother or stepfather
of the juvenile.
Shall mean any place to which the public has access including
but not limited to a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle use for public transportation, parking lot or any
other public building, structure or area.
[Ord. No. 2014-922]
It shall be a violation of this section for any juvenile to
be in a public place between the hours of 10:00 p.m. and 6:00 a.m.
unless accompanied by the juvenile's parent or guardian or unless
engaged in, or traveling to or from a business or occupation which
the laws of this State authorizes a juvenile to perform.
[Ord. No. 2014-922]
The foregoing curfew shall not apply to any juvenile who shall
be a bonified student attending a school activity or a juvenile who
shall be in attendance at a function or any other cultural, educational
and social event sponsored by religious or community based organizations,
or at a properly supervised recreational program after 10:00 p.m.
and before 6:00 a.m. during the time necessarily required to travel
between the juvenile's residence and the place of assembly. In addition,
the foregoing curfew shall not apply to emergency situations necessitating
the Juvenile to be in a public place during the prohibited hours.
[Ord. No. 2014-922]
[Ord. No. 2014-922]
Any violation of this section shall be prosecuted in the Pine
Hill Municipal Court. Upon a finding of guilt, the Municipal Court
shall impose a sentence of community service and may be subject to
a fine not to exceed $1,000. If both a juvenile and a juvenile's parent
or guardian violate this section, they shall be required to perform
community service together.
[Ord. #21]
Grass, weeds, brush and other wild vegetation are permitted
to grow on certain lands in the borough to such an extent that they
form a breeding place for mosquitoes in the summer and constitute
a fire hazard in the fall and winter, thus menacing persons and property
in the vicinity, and the borough council is of the opinion that such
conditions are contrary to the general welfare of the borough and
should not be permitted to exist.
[Ord. #21, S1]
It is unlawful for any person, owning or occupying any land
in the borough to allow or permit weeds, grass, brush or other wild
vegetation to grow and remain on the land to such an extent that such
vegetation shall provide a cover or breeding place for mosquitoes
or that, when dry, it shall constitute a fire hazard to surrounding
property.
It is the duty of the borough Chief of Police to notify the borough Clerk in writing of any violation of subsection 3-2.2, which may come to his attention, by giving the Clerk the name of the occupant; or owner of the property and the exact location of the same.
It is the duty of the chief of the fire department to make,
or cause to be made, at least twice a year a list of all properties,
setting forth the name of the occupant or owner of the same and their
precise location, whereon there are alleged violations of this section
and to report the same in writing to the borough.
Upon receipt of any such notice the borough Clerk shall send
by registered mail to each of such persons at his last known post
office address, a notice to cut down or otherwise remove such grass,
weeds, brush and other wild vegetation within 10 days from the date
of the mailing of the notice, specifying therein the location of the
land in question.
In case of noncompliance with the notice, borough council may
cause such grass, weeds, brush and other wild vegetation to be removed
and in such case, the cost thereof shall be certified by the officer
in charge of such removal, to borough council which shall examine
the certificate and if found correct, cause this amount so certified
to be charged against the lands, which amount shall be added to and
form a part of the taxes next to be assessed and levied upon such
lands and shall bear interest at the same rate and be enforced in
the same manner as other taxes on real property.
No animals or fowl shall be kept, harbored, grazed or otherwise
used or maintained within the borough, except as hereinafter set forth.
a.
ANIMALS - Shall be defined as any horses, cattle, ponies, or any
domesticated farm animals or undomesticated animals, excluding cats
and dogs.
b.
FOWL - Shall be defined as any feathered vertebrate animal, including
but not limited to chickens, hens, ducks, turkeys, cocks, pheasants
or barnyard type birds raised for meat or otherwise.
c.
ANIMALS - Shall also include reptiles, of every kind and description,
including, but not being confined to snakes, lizards, alligators,
crocodiles, turtles, and any other air breathing vertebrates.
a.
All horses, ponies, and cattle as defined herein may be maintained
within the borough subject to and within the limitations imposed and
defined in any other ordinance of the borough providing the owner
of the animal shall maintain such animal as shall be defined under
this section, on a plot of ground not less than 100 by 150 feet in
dimension, per animal.
b.
The keeping, boarding and maintaining of any horses, cows or other
domesticated animals, shall not be permitted unless there is sufficient
ground so that there shall be a maximum of three animals per acre
and an additional minimum of one acre for each additional animal so
maintained.
c.
In the keeping, harboring, boarding or maintaining of animals as
hereinbefore defined, the following rules and regulations regarding
the same shall be followed at all times:
1.
All stables, buildings or accessory buildings shall be cleaned of
all manure, garbage and any and all filth, which shall be disposed
of properly.
2.
All manure or other waste materials shall be kept at least 25 feet
from any property line. Any manure and other waste materials from
such animals is to be removed.
All grounds and fences shall be maintained and kept in an orderly
and clean fashion at all times for the proper control of all animals.
To maintain an odor level of urine, once a week lime shall be
spread over the ground where the animals are kept.
3.
All buildings, stables and necessary buildings for the keeping, maintaining
or housing of such animals, shall be fogged or sprayed or disinfected
by other means at such times as shall be required for the control
of flies, insects and rodents.
4.
No person shall maintain any animals or fowl as defined herein which
such animals or fowl shall, between the hours of 10:00 p.m. and 7:00
a.m. emit any noise which interferes with the sleep and rest of the
neighbors in the vicinity in which the animals or fowl are located.
5.
The provisions of this subsection shall not be interpreted to enlarge
the number of animals or fowl or enlarge any building or accessory
buildings now used for the keeping or housing of the animals or fowl
within the borough, nor to permit the maintenance of same in violation
of any other ordinance now in force in the borough.
It is unlawful for the owner of land, tenant, or other person
to permit any animal owned by a person or under the control or in
the custody of such person, to permit the animal to run at large other
than on the land owned or leased by the person having the ownership
or custody or control of the animal; or on which the owner of the
animal has the right of access thereto; or to permit the animal to
trespass and encroach on the property of another or others.
In the event that the owner or person in whose custody or possession
the animal is, shall fail or neglect to keep the animal within the
bounds of the premises owned or leased by the aforesaid person, or
to which the person has the right of access, the animal may be impounded
and held until all normal expenses have been paid in full for the
care while the animal is in the custody of the borough. If these expenses
are not paid in full, the animal may be sold for the expenses incurred
in the impounding and providing for same up to the time of sale.
a.
Purpose. The purpose of this section is to establish requirements
for the proper disposal of pet solid waste in the Borough of Pine
Hill, so as to protect public health, safety and welfare, and to prescribe
penalties for failure to comply.
b.
IMMEDIATE
OWNER/KEEPER
PERSON
PET
PET SOLID WASTE
PROPER DISPOSAL
Definitions. 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 that the pet solid waste is removed at once, without
delay.
Shall mean any person who shall possess, maintain, house
or harbor any pet or otherwise have custody of any pet, whether or
not the owner of such pet.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
Shall mean waste matter expelled from the bowels of the pet;
excrement.
Shall mean placement in a designated waste receptacle, or
other suitable container, and discarded in a refuse container which
is regularly emptied by the municipality or some other refuse collector;
or disposal into a system designed to convey domestic sewage for proper
treatment and disposal.
c.
Requirement for Disposal. All pet owners and keepers are required
to immediately and properly dispose of their pet's solid waste deposited
on any property, public or private, not owned or possessed by that
person.
d.
Exemptions. Any owner or keeper who requires the use of a disability
assistance animal shall be exempt from the provisions of this section
while such animal is being used for that purpose.
e.
Enforcement. The provisions of this section shall be enforced by
the police department and the local board of health or Code enforcement
of the Borough of Pine Hill.
f.
Violations and Penalty. 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 $100 for each occurrence.
It shall be unlawful for any person to store or allow to gather,
maintain or collect on any premises within the borough, any junk,
debris, trash, waste materials or other articles deemed to be unsightly,
objectionable, or which tends to detract from the aesthetic appearance
of the surrounding area.
It shall be unlawful for any person to store or allow to gather,
maintain or collect on any premises within the borough, any junk,
debris, trash, waste materials of any description deemed to be a safety
or health hazard, or which constitutes an attractive nuisance to children,
as defined by case law.
This section does not effect any junkyards licensed within the
law governing junkyards and dumps.
Any member of the borough police department, board of health,
or its officially designated agents, or the director of public safety
shall be required to enforce this section.
If in the discretion of the enforcing public officer the violator
genuinely intends to abate the condition existing on his premises
that violates the intent of this section, such officer may grant the
violator an extension of 10 days in which to clean the premises so
involved. This notice shall be given in writing, setting forth the
termination date.
Organizations and associations duly licensed to hold and operate
legalized games of chance under the provisions of R.S. 5:8-24 et seq.
and R.S. 5:8-50 et seq. are hereby authorized pursuant to R.S. 5:8-58
to hold, conduct and operate legalized games of chance in the borough
on Sundays between the hours of 8:00 p.m. and 11:00 p.m.
No person shall damage, mutilate or destroy any real or personal
property owned by the borough.
Shall mean any vehicle, whether self propelled or otherwise
to be used as a conveyance upon public streets or highways, and so
designed, constructed or reconstructed or added to by means of accessories
in such a manner to permit the occupancy thereof as a dwelling or
sleeping place for one or more persons and having no foundation other
than wheels, jacks, or skirting so arranged to be integral with or
portable by the trailer or camp car.
[Ord. #30, S2]
It is unlawful for any person to park any trailer or camp car
on any street, road or highway in the borough in violation of any
ordinance of the borough regulating the parking of vehicles for any
period longer than two hours.
[Ord. #30, S3]
Trailer parks, tourist camps, camp parks and trailer camps are
hereby prohibited within the limits of the borough.
[New]
For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the borough where no specific
penalty is provided regarding the section violated, the maximum penalty,
upon conviction, shall be a fine not exceeding $1,000, or imprisonment
for a period not exceeding 90 days, or both. (N.J.S.A. 40:49-5)
[New]
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the borough
exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
The borough council may prescribe that, for the violation of
any particular Code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding $100. (N.J.S.A. 40:49-5)
Prior ordinance history includes portions of Ordinance Nos.
86-423 and 2012-883.
[Ord. #2012-886]
The towing and storage of motor vehicles, damaged, stolen, or
impounded, within the Borough of Pine Hill shall be performed by towing
operators qualified and licensed pursuant to the provisions set forth
below on a rotating basis without competitive bid.
[Ord. #2012-886; Ord. #892; Ord. No. 2015-926]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean a private-passenger automobile of a private passenger
or station wagon type that is owned or hired and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body, or delivery
sedan, a van; or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private-passenger automobile
owned by two or more relatives resident in the same household.
Shall mean the towing operator's principal place of business
where the tow vehicle is stationed when not in use.
Shall mean the removal and transportation of an automobile
from a highway, street, or other public or private road, or a parking
area, or from a storage facility, and other services normally incident
thereto, but does not include recovery of an automobile from a position
beyond the right-of-way or berm, or from being impaled upon any other
object within the right-of-way or berm.
For the purpose of this section, the geographic center of
Pine Hill shall be __________. All measurements taken from that location
shall be by radius and without regard to the actual roadways.[1]
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles and that is secured by a locking device on each
opening.
Shall mean all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles.
Shall mean an occurrence in which a motor vehicle or automobile,
as defined herein, is damaged or comes in contact with any other object,
as a result of which the motor vehicle or automobile must be towed
or removed for placement in a storage facility. This includes damage
caused by vandalism, fire, or drunken drivers, but does not include
mechanical breakdowns or impounded vehicles.
Shall mean an area not indoors secured by a fence, wall or
barrier at least six feet high and continuously lighted at night,
with all gates, doors or entryways secured by locks and all of which
shall be within the jurisdictional boundaries of the Borough of Pine
Hill Police Department or a contiguous adjoining municipality.
Shall mean an area not indoors that is not secured by a fence,
wall or other barrier and to include all other areas not defined as
an inside building and outside secured facility and all of which shall
be within the jurisdictional boundaries of the Borough of Pine Hill
Police Department or a contiguous adjoining municipality.
Shall mean starts at 12:01 a.m. for a twenty-four-hour period
or fraction thereof.
Shall mean those vehicles equipped with a boom or booms,
winches, slings, tilt beds, wheel lifts, or under-reach equipment
specifically designed by its manufacturer for the removal or transport
of private-passenger automobiles.
[1]
Editor's Note: The geographic center shall be determined by
the Borough Council.
[Ord. #2012-886; Ord. #892]
Towing operators performing towing services for the Borough
of Pine Hill shall perform on a rotating basis. The Chief of Police
is hereby authorized and directed to establish a tow truck call list
of towing operators licensed pursuant to this section and to establish
a system of rotation in the assignment of tow trucks. Towing operators
shall be assigned duties from the tow truck call list only. No licensed
towing operator or other party shall respond to the scene of an accident
except upon notification by the officer in charge or upon request
of the driver or owner of the disabled vehicle. The towing operator
shall respond to each call with the equipment requested by the police
or dispatcher. All towing operators must be available for service
on a twenty-four-hour, seven-day per week basis when on the rotation
list.
[Ord. #2012-886; Ord. #892; Ord. No. 2015-926]
a.
In order for a towing operator to be listed on the tow truck call
list, a license is required pursuant to the provisions set forth below.
Each license issued hereunder shall terminate on December 31 of the
year in which it is issued, and each renewal license shall be for
the one-year period of January 1 through December 31.
b.
Specifically exempted from the licensing requirement is the towing,
transporting, conveying or removing motor vehicles from private property
by towing operators who have been privately engaged or designated
by the owner of the vehicle to be so removed.
c.
All applicants for licenses shall pay the sum of $300 at the time
the application is filed to cover the cost of the investigation and
review of the applications for compliance with the section requirements.
All applications shall be filed between October 1 and November 1,
unless November 1 falls on a Saturday or Sunday, then the applications
will be accepted on the following Monday. No application will be accepted
before or after these dates. All applications will be date and time
stamped when received and processed in the order received.
d.
No more than three towing/storage licenses shall be issued at any
time or for any interval of time by the Borough of Pine Hill.
e.
Any application filed after the first three date and time stamped
applications will not be processed unless any of the initial three
applications is denied. In such an event, the next date and time stamped
application(s) will be reviewed. Any applicant whose application is
not investigated and reviewed for approval will have the $300 application
fee refunded.
[Ord. #2012-886; Ord. No. 2015-926]
Licenses hereunder shall be approved by the governing body of
the Borough of Pine Hill and issued by the borough Clerk. The application
therefor shall contain the following information:.
a.
The full name and address of the applicant and, if such applicant
is a corporation, the names and addresses of the officers and directors
thereof, and the registered office and registered agent thereof; or,
if such applicant is a partnership, the names and addresses of all
partners. In addition, provide proof that the applicant's business
is within five miles of the geographic center of the Borough of Pine
Hill. (See definitions for Geographic Center).
b.
The year, make, model and serial number, registration number, and
owner of each tow vehicle which is to be used by the applicant in
responding to calls from the borough police department requesting
the towing and storage of disabled motor vehicles.
c.
The tow vehicle's base of service for each tow vehicle to be used
by the licensed operator.
d.
The location to which the applicant will tow, transport, convey or
remove, and thereafter store, any motor vehicle towed, transported,
conveyed or removed by the applicant pursuant to the provisions of
this section.
e.
The specific area at the location referred to above that the applicant
has available for properly storing and protecting disabled motor vehicles.
The applicant shall attach to his application a diagram of its property
showing the secured area (inside or outside secured) intended for
the storage and protection of vehicles removed from the roadway.
f.
The place and location where the applicant will maintain an office
at which any person whose vehicle has been towed, transported, conveyed
or removed may obtain information relative thereto, attend to the
payment of any money to be paid in connection therewith and arrange
for any further removal or possession of such vehicle.
g.
A statement that the applicant has sufficient personnel and equipment
to provide twenty-four-hour towing and storage services and is able
to respond to police calls in accordance with the requirements of
this section.
h.
A certification that the fees charged will not exceed those set forth
in this chapter.
i.
The name of the insurance company and its address and policy number
showing the limits of coverage required by this chapter, along with
a certification that the Borough of Pine Hill will be added as an
additional insured under the liability provisions of said policy.
j.
A representation that the applicant will execute an indemnification
and hold harmless agreement with the Borough of Pine Hill.
k.
A listing of the applicant's prior towing experience, including the
years in business and other municipalities served.
l.
Such other information as deemed appropriate by the governing body
of the Borough of Pine Hill.
a.
Application forms may be obtained from the borough Clerk and all
completed applications together with the licensing fee shall be submitted
to the borough Clerk.
b.
All applications shall be investigated and evaluated by the borough
Police Chief or his designee regarding the applicant's background
and qualifications and a report of the Police Chief's findings and
recommendations shall be submitted to the governing body within 30
days of the receipt of said application. All applicants shall execute
a release for information to be obtained by the Police Chief to complete
the investigation and evaluation.
c.
All applications are subject to review and approval by the governing
body of the Borough of Pine Hill. Only those applicants which are
responsible and qualified pursuant to the provisions of this section
shall be approved. All approved applicants shall be required to execute
a contract with the Borough of Pine Hill to provide the towing and
storage services referred to herein.
d.
Storage areas for vehicles towed under the direction of Borough of
Pine Hill Police Department, being in the jurisdiction of the Borough
of Pine Hill Police boundaries or a contiguous and adjoining municipality,
shall be made continuously accessible to police officers of the Borough
of Pine Hill Police Department for the purpose of investigation, which
may include but not be limited to, searches, photographs, fingerprint
dusting, and/or collection of other evidence. During impoundment of
vehicles, no towing/storage licensee shall allow access to said vehicle
without the express permission of the Borough of Pine Hill Police
Department in which jurisdiction said vehicle is impounded and remains
so until properly released.
e.
Any holder of a towing/storage permit from the Borough of Pine Hill
which is dated on or before January 1, 2012 shall be exempt from the
immediate effect of this amending ordinance until July 1, 2012, after
which time all permit holders shall be subject to all requirements,
including this section amendment and all subsequent amendments.
No license shall be issued unless all of the following standards
are met:
a.
Equipment Requirement. No license shall be issued to a towing operator
who does not possess, for utilization in this business, the following
tow vehicles and equipment, which tow vehicles and equipment shall
be inspected by the Chief of Police or his authorized representative
prior to a license being issued:
1.
At least one four-ton tow vehicle with a boom and drum rating of
four tons; a 100-foot long 3/8 inch diameter cable with a recommended
working limit of at least 3,500 pounds; recommended gross vehicle
weight of truck or chassis of 10,000 pounds; and dual rear wheels
maintained and equipped in accordance with manufacturer's specifications.
2.
At least one 16 ton tow vehicle with two booms and two drums, with
each boom having an eight ton capacity, and each drum having an eight
ton capacity, and each drum having a 200-foot long 1/2 inch cable;
recommended gross vehicle weight of truck or chassis of 16,000 pounds;
dual rear wheels; heavy-duty truck tow bar air brakes; connecting
air lines for connection with air compressor and air brake lines of
the towed vehicle; two speed rear axle and differential or dual transmission
or five speed transmission; two heavy-duty high-test pickup chains;
and heavy-duty truck sling and tow bar. In lieu of having this piece
of equipment in its possession, the licensee shall supply the borough
Clerk with an agreement in writing between the licensee and any other
entity, or corporation or person who possesses this specific equipment
that he or it will provide services to the licensee pursuant to the
provisions of this section for the term of the license. This agreement
shall provide that the response time shall be in accordance with the
provisions of this section and that the licensee shall assume all
responsibility for compliance with the provisions of this section.
The licensee shall make provision for the equipment to be available
for inspection at his place of business at the time and place requested
by the Chief of Police or his authorized representative prior to the
issuance of the license. If said agreement shall be canceled for any
reason, the licensee must notify the Borough of Pine Hill within 24
hours.
3.
At least one flatbed or car carrier with at least a one car capacity;
wheel chokes; and four tie-down chains or grab hooks.
4.
At least one vehicle equipped with tie-down equipment for carrying
motorcycles.
5.
Safety equipment to be carried on all trucks shall include universal
towing sling; tow hooks and chains; one snatch block for 3/8 to 1/2
inch cable; two high-test safety chains; four lamp or three lamp revolving
amber emergency light with New Jersey State Permit; a tool box with
assortment of hand tools; rear working lights and rear marker lights;
cab lights; body clearing lights located to clear the towed vehicle;
a block choke for the tow vehicle while working; safety cones; a shovel
and broom; and a steering wheel lock or tie-down.
6.
In lieu of having the required equipment in the applicant's possession,
the licensee shall supply the borough Clerk with an agreement in writing
between the licensee and any other entity, or corporation or person
who possesses this specific equipment that he or it will provide services
to the licensee pursuant to the provisions of this section for the
term of the license. This agreement shall provide that the response
time shall be in accordance with the provisions of this section and
that the licensee shall assume all responsibility for compliance with
the provisions of this section. The licensee shall make provisions
for the equipment to be available for inspection at his place of business
at the time and place requested by the Chief of Police or his authorized
representative prior to the issuance of the license. If said agreement
shall be canceled for any reason, the licensee must notify the Borough
of Pine Hill within 24 hours.
b.
The tow vehicle's base of service, the towing operator's place of
business, the proposed storage areas, and any other premises to be
utilized by the towing operator as set forth in the license application
shall comply with all provisions of the zoning ordinance, property
maintenance code, and all other applicable laws of the Borough of
Pine Hill, or the municipality wherein the property is located, pertaining
to the use or condition of said premises.
c.
Each towing operator shall have the ability to store all motor vehicles
within an inside secured or outside secured area. The enclosure shall
be in good repair and well-maintained, and must be continuously lighted
from dusk to dawn. No vehicles shall be stored in an outside unsecured
area. Each storage area shall be subject to inspection and approval
by the Chief of Police or his designee prior to a license being issued.
d.
The secured storage area must be available 24 hours a day, 365 days
per year and open to the public on weekdays during normal business
hours and limited hours to be approved by the governing body of the
Borough of Pine Hill on Saturdays and Sundays. This storage area must
be located within the Borough of Pine Hill or a contiguous adjoining
municipality and the towing operator's place of business shall be
located within the Borough of Pine Hill or a contiguous adjoining
municipality.
e.
All towing operators shall maintain and produce proof of the following
insurance coverage, with the Borough of Pine Hill named as an additional
insured, with the application when submitted to the borough Clerk:
1.
Automobile liability in an amount not less than $1,000,000 combined
single limit.
2.
Comprehensive liability insurance in an amount not less than $1,000,000
combined single limit.
3.
Garage keepers' liability in an amount not less than $75,000, both
on hook and for each storage location.
4.
Garage liability in an amount not less than $1,000,000 combined single
limit.
5.
The policies shall be endorsed to provide collision coverage for
vehicles in tow.
f.
In order to provide the public with prompt and adequate tow truck
service, the licensee must respond within 30 minutes after being summoned.
g.
Operators and their employees shall be fully trained and knowledgeable
in the operation of all required equipment and shall be subject to
background investigations by the Borough of Pine Hill Police Department.
h.
All billings for towing and storage services shall be itemized for
the services actually rendered pursuant to the fee schedules set forth
herein. A copy of the fee schedule set forth in this section shall
be available to the public at the towing operator's place of business
during normal business hours.
i.
Agree to defend, indemnify and hold harmless the Borough of Pine
Hill for any and all suits, judgments, costs, expenses, including
attorney's fees and claims on account of breach of contract, damaged
property, or personal injuries, including death, arising out of or
in any way connected with the towing and storage services to be provided.
j.
Repealed.
a.
The governing body hereby designates the police department generally
and the Chief of Police in particular as the supervising authority
to enforce the provisions of this section as well as the rules and
regulations adopted hereunder.
b.
Each licensed towing operator shall at all times maintain the necessary
equipment to remove disabled vehicles as required by this section.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any motor vehicle accident at such scene and shall
at all times carry the necessary equipment to perform said cleaning
services.
c.
Refusal to tow an abandoned or stolen motor vehicle or at the scene
of a motor vehicle accident may result in the disqualification of
any towing operator, and a report of said refusal shall be furnished
to the Chief of Police and the borough Clerk by the investigating
officer at the scene of the accident, as soon as possible.
d.
If the licensee summoned is unable to respond within the time constraints
specified in this section, he shall so notify the individual requesting
the service, and the next-named towing operator on the tow truck call
list shall be called to respond.
e.
No towing operator operating pursuant to the license issued hereunder
shall employ, either directly or indirectly, any personnel or employees
of the Borough of Pine Hill.
f.
The Borough of Pine Hill Police Department shall maintain a log record
of calls to licensed towing operators and said record shall be available
for inspection by any licensed tow operator upon reasonable notice.
g.
An individual whose motor vehicle has been towed and/or stored has
the right to retrieve any of his or her personal possessions therefrom,
even when said motor vehicle is within the possession of the towing
operator. Personal property shall be defined to mean anything that
is not permanently attached to the motor vehicle so as to be an integral
part thereof. An individual seeking the retrieval of any personal
items shall arrange with the towing operator to obtain said items
and shall be required to execute a receipt therefor. The towing operator
shall maintain copies of all said receipts.
h.
The Borough of Pine Hill reserves the right to review the qualifications
of any personnel employed by the towing operator at any time.
i.
The towing operator and any of its employees are independent contractors
and they do not represent nor are they employed by the Borough of
Pine Hill.
j.
The towing operator shall at all times be responsible for the conduct
of its employees and shall be liable to the Borough of Pine Hill and
the owners of any motor vehicles towed or stored by the towing operator
for any injuries, damages or costs incurred as a result of the conduct
of said employees.
k.
All towing operators shall comply with all state and federal laws
and regulations concerning the hiring of employees, their wages, hours
and terms of employment.
l.
The Borough of Pine Hill is not liable for any of the services performed
by the contractor unless those services are performed for municipal
vehicles. The contractor shall proceed directly against the individual
owner of the motor vehicle for all fees and charges incurred.
m.
No licensed towing operator shall pile or store vehicles on public
streets or sidewalks.
n.
Each towing operator shall maintain a record of all vehicles towed,
including the date towed, where the vehicle was stored, when the vehicle
was released, and the fees charged, together with any and all other
services rendered. Said records shall be maintained at the principal
place of business of the towing operator as set forth on the application
and said records shall be maintained for a minimum three years.
a.
The fees for basic towing services, road service and/or storage shall
not exceed the following fee schedule:
|
Basic Towing Service:
| |
|---|---|
|
Monday thru Friday 8:00 a.m. to 5:00 p.m.
|
$90
|
|
Monday thru Friday 5:00 p.m. to 8:00 a.m.
|
108
|
|
Saturday, Sunday and Holidays Mileage $3 per mile (from portal
to portal)
|
$108
|
|
Winching minimum charge
|
$50
|
|
Motorcycles
|
$115
|
|
Road service, plus supplies: Day
|
$65
|
|
Night
|
$90
|
|
Clean-up fees, plus supplies and with documentation
|
$30
|
|
Lot removal fee
|
$35
|
|
Storage fee: Per day
|
$25
|
|
Inside storage
|
$40
|
|
Waiting time when other than non-basic towing charges are provided
1 man and truck
| |
|
First half-hour is free, the second half-hour and each hour
thereafter will be $75
| |
|
Additional costs for extra truck and manpower to help with towing
service minimum charge, with documentation
|
$75
|
|
Gate fee after hours
|
$35
|
|
Administrative fee
|
$20
|
|
Yard hours:
| |
|
Monday thru Friday
|
8:00 a.m. to 5:00 p.m.
|
|
Saturday
|
8:00 a.m. to 12:00 p.m.
|
|
Sunday and Holidays
|
Closed
|
|
Each tow company will sign a letter that will designate a heavy-duty
tow company that they will work with for heavy-duty tow.
|
b.
Notwithstanding any fee set forth in subsection 3-9.9 above, when a vehicle is abandoned due to the death or incapacitation of the driver or any passenger, a storage fee of no more than $100 shall be charged for the first 72 hours after the vehicle is placed on the premises.
c.
A licensed towing operator may petition the governing body of the
Borough of Pine Hill for permission to charge fees other than as set
forth herein for the towing and storing of motor vehicles other than
automobiles as defined above. Said fees must be approved by resolution
of the governing body, shall be valid for a minimum period of one
year or until modified by the governing body, and must be on file
with the borough Clerk and at the principal place of business of the
towing operator and available to the public during normal business
hours.
d.
Towing operators may charge additional fees for nonbasic towing services
involving the recovery of an automobile from a position beyond the
right-of-way or berm, or from being impaled upon any object within
the right-of-way or berm. A schedule of said additional fees shall
be attached to the license application and shall be subject to approval
by the governing body.
e.
Storage charges per twenty-four-hour period shall start at 12:01
a.m. for a twenty-four-hour period or fraction thereof. No storage
charge shall be imposed for any day the yard is closed, such as Sundays
or holidays.
f.
Towing rates shall be calculated based on the total distance traveled
from the towing operator vehicle's base of service to the motor vehicle
to be towed and to the storage area by way of the shortest route available.
Fractions shall be rounded up to the nearest whole mile. There shall
be no additional charges to the vehicle owner when picking up or removing
a vehicle from the storage area, or for flatbedding, waiting time,
winching, cleanup costs, and additional labor.
g.
The borough Clerk and each licensed towing operator shall have available
at the municipal building and the principal place of business of the
towing operator a copy of the fee schedule guidelines and shall make
same available to the public during normal business hours.
h.
Every tow operator shall give the owner of the vehicle a written
receipt for the fee paid.
i.
Every operator or owner of a wrecker shall comply with any request
of the owner of a towed vehicle, including but not limited to the
towing of the vehicle to another location within the Borough of Pine
Hill designated by the driver, owner or police officer and the payment
of fees, provided that the request does not conflict with any order
or investigation from any member of the police department acting in
his official capacity.
j.
The owner of said automobile which has been towed pursuant to this
section shall be permitted to recover items of personal property in
the vehicle at the time it was towed. However, said owner shall not
be permitted to remove from the vehicle any integral part of the vehicle
whether attached to the vehicle or not, including but not limited
to batteries, tires and license plates.
k.
A flat $50 fee shall be charged the borough for towing, storage or
other services provided to the borough, its vehicles or emergency
fire and rescue vehicles or for any vehicle used in the commission
of a crime, provided that said vehicle is located within the Borough
of Pine Hill.
A license may be denied, suspended or revoked upon any of the
following grounds after an appropriate hearing in accordance with
the terms of this section:
a.
Submitting a fraudulent or misleading application.
b.
A criminal conviction of the towing operator or a named principal
of the towing operator.
c.
Failure to respond reliably and promptly to calls for assistance
or any other action which interferes with the proper operation of
the rotating system maintained by the police department.
d.
Violations of motor vehicles laws and/or borough ordinances.
e.
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate borough official.
f.
Violations of the zoning ordinance, property maintenance code, or
any other applicable ordinances or codes of the Borough of Pine Hill
pertaining to the use or condition of the premises used by the licensee
in conducting the towing business.
g.
Violation of the provision of this ordinance or any of its rules
or regulations established pursuant to this section.
a.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice of charges filed against the
licensee. Said notice shall be served by the Chief of Police or his
designee, either personally or via certified mail, return receipt
requested, and shall contain a date, time and place for a hearing
to be held by the governing body of the Borough of Pine Hill. Said
hearing shall be scheduled no less than seven days, nor more than
30 days, after the notice of the proposed suspension or revocation
shall be served upon the licensee. The licensee shall have the right
to file an answer to the notice and to appear in person, or be represented
by counsel, and give testimony under oath at the place and time fixed
for the hearing.
b.
When an application for a license is denied by the Borough of Pine
Hill, the applicant may request a hearing on said application by the
service of a notice requesting a hearing. Said notice shall be served
on the borough Clerk and at the next regularly scheduled meeting of
the governing body a hearing date shall be set which shall be no less
than seven days, nor more than 30 days, from the date scheduled.
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be subject-to a fine not to exceed $1,000 or by imprisonment in the county jail for a term not exceeding six months, or both. These penalties shall be in addition to and separate from any action taken by the Borough of Pine Hill pursuant to subsection 3-9.10 hereof.
As used in this section:
a.
LOITERING - 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."
b.
PUBLIC PLACE - Shall mean a place to which the general public has
a right to resort, either by reason of public ownership or by express
or implied invitation to the general public by private ownership,
including, but not limited to, sidewalks and streets open to pedestrian
or vehicular traffic, and the parking spaces, outside areas and ways
of ingress and egress to and from the same.
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 3-10.1. 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 whom or in whose hearing they are made.
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 3-10.2, 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.
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years to knowingly permit such minor to remain idle or loiter in violation of subsection 3-10.2.
Whenever any minor under the age of 18 years is arrested for
violating this section, the Chief of Police shall notify the parent,
guardian or other person having custody of such minor of such arrest.
If it is established that any minor under the age of 18 years remained idle or loitered in violation of subsection 3-10.2 between the hours of 11:00 p.m. and 6:00 a.m. of the following day, then it shall be presumed, in the absence of proof to the contrary, that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.
If it is established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years was duly notified pursuant to subsection 3-10.5 that such minor had been arrested for a violation of subsection 3-10.3, and it is further established that such minor subsequently remained idle or loitered in violation of this section, then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or adult person knowingly permitted this violation.
No person shall, within the limits or bordering the limits of
the borough:
a.
Be intoxicated, drunk or disorderly in or about any public omnibus
or conveyance, street, thoroughfare, sidewalks or in or about any
store, private house, home, commercial establishment, restaurant or
other public, private or quasi-public place or house to the annoyance
or discomfort of any person.
b.
Behave in a disorderly manner or loiter on any sidewalk, street,
or public place or in any store, place of amusement, school or any
other public building.
c.
Utter any loud and offensive or indecent language or make offensive
remarks to any person or persons while being upon or about any sidewalk,
street, or other public or private place or obstruct or interfere
with any person lawfully being upon them.
d.
Keep or harbor any dog, other animal or fowl which shall disturb
the neighborhood by excessive barking, whining, howling or other noise.
e.
Throw, discard or discharge any papers, posters, glass, metal, paint,
stones, sticks, tin cans, garbage, debris, junk or refuse of any kind
or any hard, dangerous or offensive substance upon any sidewalk, street,
or public or private place, or at any vehicle, building, house, fence
or person or in any spring, stream, body of water or private or public
water supply.
f.
Appear on any street, highway, sidewalk, drinking and eating establishment,
or other public place in a state of nudity, in a bathing suit or make
any indecent exposure of his or her person. Persons dressed in customary
bathing suits at bathing beaches are hereby excepted.
g.
Disrobe in any automobile, truck or vehicle while the same is upon
any parking place, street, park or other public place.
h.
Commit or do any lewd or indecent act or behavior in a lewd or indecent
manner.
i.
Sell or offer to sell any indecent picture, book, literature or article
or exhibit, perform or render any indecent, immoral or lewd play,
song, motion picture or other representation.
j.
Make, permit, continue or cause any noise which shall disturb the
comfort, rest and repose of any persons being in his or her place
of abode or at any private or public meeting or church services except
during the normal working hours on normal working days. Make or permit
any unnecessary noise at any time which shall disturb the neighborhood.
k.
Operate or use any radio, phonograph, television or other sound-producing
equipment or device in such manner that the sound thereof shall annoy
any person or disturb their rest and comfort.
l.
Operate any sound truck without first obtaining permission from the
borough Clerk, Chief of Police or acting Chief of Police.
m.
Intentionally or maliciously destroy, damage or injure any private
or public property.
n.
Destroy, shut off, tap, alter, change, obstruct or to interfere in
any way with the borough water or sewer lines, meters or other devices
connected thereto on any public or private property.
o.
Obstruct or hinder any elected or appointed officer or employee of
the borough in the discharge of his duties or refuse or neglect to
assist such person when lawfully called upon to do so.
p.
Permit or cause to be emitted any vile, offensive, obnoxious or nauseating
odor or fumes which may be vile, offensive, nauseating or detrimental
to the general well-being of the health or property of any resident
of the borough.
q.
Permit any child under the age of 16 years not accompanied by a parent
or guardian, to play a pinball machine in his establishment or place
of business.
r.
Possess, keep, sell, distribute or transport any switchblade knives,
firecrackers or fireworks of an explosive nature unless a permit for
such shall have been obtained from the borough Clerk.
s.
Have upon his person or in his possession any pick lock, bit, jack,
crowbar, key or other device or implement with any intent to break
and enter into any building.
t.
Obstruct unnecessarily any sidewalk, street or public place with
any any kind of wood, lumber, crates, stone, dirt, vehicle or other
thing.
u.
Trespass or enter upon the land or property of any other person without
lawful permission to do so.
u.1.
All delivery personnel, including letter carriers,
whether employed by a private firm or government agency or government
supported corporation shall use sidewalks and accepted and approved
walkways and shall refrain from traversing lawns or other private
property not normally used as a walkway by the general public in order
to effect delivery.
v.
Attempt, make aid, countenance or assist in making any improper noise,
riot, disturbance or breach of the peace in or upon any of the streets,
highways, sidewalks, public places or anywhere else in the borough;
or collect in bodies or crowds for idle or unlawful purposes to the
annoyance or disturbance of persons within the borough.
w.
Invite, solicit or in any manner suggest by word, action, writing
or other communication or by the use of any medium whatever any lewd,
lascivious or immoral act.
x.
Keep or maintain disorderly house or a house of ill fame or allow
or permit any house, shop, store, building or other structure owned,
leased or occupied by him or her to be used as a disorderly house
or house of ill fame.
y.
Permit any house, shop, store, building or other structure occupied
by him or her to be frequented or resorted to by noisy, rioutous or
disorderly persons, prostitutes, gamblers, or vagrants.
z.
Prevent, hinder or deter in any manner or by any device whatever
any emergency vehicle, 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.
aa.
Contribute to the delinquency of any minor by any word, act, writing,
or other communication or by the use of any device or thing whatsoever.
bb.
Sell, barter, give or distribute any ammunition of an explosive nature
for firearms or any pistol, rifle, shotgun, or firearm of any description
or kind to any person or child under the age of 21 years.
cc.
Discharge, fire or cause to be fired or discharged any pistol, rifle,
shotgun or firearm of any kind within the limits of the borough, unless
a permit for such shall have been obtained from the police department.
dd.
Willfully or maliciously take or steal, or attempt to take or steal
any money, goods, or chattels from the person of another whether with
or without his knowledge, or who is present aiding and abetting therein,
or to carry away or unlawfully appropriate with intent to steal any
real or personal property of another or any part thereof.
ee.
No person or persons under the age of 21 years shall have, hold,
possess, use, consume or store alcoholic beverages of every kind and
description in his or their motor vehicle. The term "motor vehicle"
as applied herein shall mean any motor vehicle which shall be either
owned or under the control of the person.
ff.
Any and all other disorderly, indecent and riotous acts or breach
of the peace or vagrancy not specifically enumerated above are hereby
prohibited.
As used in this section:
a.
LITTER - 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.
b.
GARBAGE - Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
c.
REFUSE - 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.
d.
RUBBISH - Shall mean nonputrescible solid waste 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.
e.
VEHICLE - Shall mean any 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.
f.
PUBLIC PLACE - Shall mean all streets, sidewalks, boulevards, alleys,
beaches or other public ways, and all public parks, squares, spaces,
docks, grounds and buildings.
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.
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.
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 the 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.
No person while a driver or passenger in a vehicle shall throw
or deposit litter in or upon any public or private property.
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 street, sidewalk, building or vehicle within the
borough.
Advertisements, handbills, circulars and papers may be distributed
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.
No person shall consume alcoholic beverages and no person shall
possess unsealed containers of alcoholic beverages:
a.
While in or on a public street, lane, sidewalk, public or quasi-public
place or in any public conveyance; or
b.
In a private motor vehicle while the same is in motion or parked
in any public street, lane, or public parking lot; or
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.
For purposes of this section alcoholic beverage shall be defined
as any fluid or solid capable of being converted into a fluid, suitable
for human consumption and having an alcoholic content of more than
0.5% by volume, including beer, ale, still and sparkling wines, distilled
liquors, blended liquors, fermented fruit juices, or any brewed, fermented
or distilled liquors fit for use for human consumption, or any mixture
of the same. For purposes of this section, it shall be presumed that
any container labeled as containing an alcoholic beverage contains
said beverage with the amount of alcohol, by volume, marked on the
label, without the necessity of chemically analyzing the contents.
For purposes of this section, a person shall be presumed to
possess an alcoholic beverage if such a beverage is within the custody
or under the control of such person. Possession need not be exclusive
but may be exercised jointly or severally.
The provisions of this section shall not apply to the possession
or consumption of alcoholic beverages pursuant to a special permit
issued by the council of the borough when the person possessing or
consuming an alcoholic beverage is doing so in accordance with the
terms and conditions of said permit and at the location authorized
by said permit.
Nothing herein contained shall be construed to prohibit the
consumption, possession or sale of alcoholic beverages on premises
which are duly licensed, pursuant to a retail consumption, retail
distribution, retail transit, wholesale or club license issued by
the governing body of the Borough of Pine Hill or by the Division
of Alcoholic Beverage Control of the State of New Jersey.
Upon adoption of this section, the holders of all liquor licenses
issued by the Borough of Pine Hill or by the State of New Jersey,
with places of business in the borough shall be required to post a
sign, in a conspicuous place, advising patrons, customers or other
persons legally on the premises, of the existence of this ordinance.
Such sign shall be provided free of charge to each licensee by the
borough department of public safety.
Any person who violates or fails to comply with any of the provisions
of this section shall for a first offense be fined not less than $100
and shall for a second offense be fined not less than $200 and shall
for a third subsequent offense be subject to a fine of not less than
$200 and not more than $500 or to imprisonment for not more than 90
days, or both, in the discretion of the court.
In accordance with and pursuant to the authority of L. 1988,
C. 44 (C.2C:35-7), the drug-free school zone map produced on or about
May 26, 1998 by Remington and Vernick. Engineers, municipal engineer,
is hereby approved and adopted as an official finding and record of
the location and areas within the municipality of property which is
used for school purposes and which is owned by or leased to an elementary
or secondary school or school board, and of the areas on or within
1,000 feet of such school property.
A map produced by Charles J. Riebel. Jr., professional engineer
and land surveyor, dated May 10, 2000, "Driving While Under the Influence
Map", is hereby in addition to any other approved map, approved and
adopted as an official finding and record of the location and areas
within the municipality as stated in Chapter 3-14 of the General Code
of the Borough of Pine Hill, in accordance with and pursuant to the
authority of L. 1988, c. 44 (C.2C:35-7).
The drug-free school zone map approved and adopted pursuant to subsection 3-14.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries or school property and drugfree school zones.
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the municipal engineer
and the municipal attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-14.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Camden County Prosecutor.
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-14.1 of this section was prepared and is intended to be used as evidence in prosecution arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
(Except as is otherwise expressly noted on the face of the approved
and adopted map.) All of the property depicted on the map approved
and adopted herein as school property was owned by (or leased to)
a school or school board and was being used for school purposes as
of July 9, 1987, that being the effective date of L. 1987, C. 101
(C.2C:35-7).
c.
Pursuant to the provisions of L. 1988, C.44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-14.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All the requirements set forth in L. 1988, C. 44 concerning the preparation,
approval and adoption of a drug-free school zone map have been complied
with.
It shall be unlawful for any unauthorized person to use, operate,
park, locate, or permit the use, operation and/or parking of any motor
vehicle upon any public playground, open spaces, ballfield, or publicly-owned
recreation area located within the Borough of Pine Hill.
As used in this section the term "motor vehicle" shall include,
but shall not be limited to, cars, trucks, all-terrain vehicles, mopeds,
and/or any other type of motorized or motorpowered vehicle.
Any person who violates or fails to comply with any of the provisions
of this section shall be subject to a fine of not more than $1,000
or imprisonment for not more than 90 days, or both, in the discretion
of the court.
In addition to the penalties prescribed in Section 3-15.3, the motor vehicle of any person violating the provisions of this section shall be subject to immediate seizure by officials of the Borough of Pine Hill. Such vehicles shall be held by the Pine Hill Police Department until such time as the judge of the municipal court determines the guilt or innocence of the underlying violation. In the event of a finding of innocence, the motor vehicle shall promptly be returned. In the event of a finding of guilt, the judge of the municipal court may direct the return of the motor vehicle on such terms and conditions as are deemed appropriate.
Prior history includes Ord. No. 94-565.
[Ord. No. 2018-961 § 2]
The Borough of Pine Hill finds and declares that the resolution
of conflict between the right of the smoker to smoke and the right
of non-smoker to breathe clean air involves a determination of when
and where, rather than whether, a smoker may legally smoke. It is
not the Public Policy of the Borough of Pine Hill to deny anyone the
right to smoke. However, the Borough of Pine Hill finds that, in Governmental
Buildings owned or leased by the Borough of Pine Hill and on all public
property owned or leased by the Borough of Pine Hill, the right of
a non-smoker to breathe clean air supersedes the right of the smoker
to smoke. In addition to the deleterious defects upon smokers, tobacco
smoke is at least an annoyance and a nuisance to a substantial percentage
of the non-smoking public and a substantial health hazard to a smaller
segment of the non-smoking public. Furthermore, smoking creates a
substantial health hazard to the youth of the Borough of Pine Hill
who may be participating in activities in buildings or properties
owned or leased by the Borough of Pine Hill. Therefore, the purpose
of this chapter is to protect the interest of non-smokers in public
buildings and on public properties owned or leased by the Borough
of Pine Hill and to allow smokers the right to smoke only in designated
areas established by the Borough of Pine Hill.
[Ord. No. 2018-961 § 3;
amended 4-19-2021 by Ord. No. 2021-999]
As used in this section, the following terms shall have the
meaning indicated:
Shall mean any building or portion of a building owned or
leased by the Borough of Pine Hill.
Shall mean any real property, or portion thereof, owned or
leased by the Borough of Pine Hill, to include parking lots, parks,
playgrounds, and other recreational facilities.
Shall mean the burning of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or similar
substance as defined herein as a tobacco product and including marijuana,
hashish or hemp products, and vaping.
Shall mean any cigarette, cigar, smokeless tobacco to include
snuff, chewing tobacco or any other substance that contains tobacco.
[Ord. No. 2018-961 § 4;
amended 4-19-2021 by Ord. No. 2021-999]
Smoking is prohibited in all public buildings owned or leased
by the Borough of Pine Hill and on all public property owned or leased
by the Borough of Pine Hill. In public buildings or public property
owned or leased by the Borough of Pine Hill, a designated smoking
area may be established which shall be clearly identified and is the
only area within a public building or any other public property where
smoking is permitted for tobacco products only as defined herein.
[Ord. No. 2018-961 § 5]
No officer, employee, agent or other person shall smoke in any
vehicle owned or registered in the name of the Borough of Pine Hill
except when that driver has no other person present. Smoking is also
prohibited at any time in any bus or similar type vehicle owned or
operated by the Borough of Pine Hill.
[Ord. No. 2018-961 § 6]
All places affected by this section shall be identified by signs
posted by the Borough with letters at least one inch in height, stating
"Smoking Prohibited" or "Smoking Permitted" or the sign shall be designated
by the appropriate "Smoking Prohibited" or "Smoking Permitted" International
symbol. The letters or symbols shall contrast in color with the sign.
The sign shall also indicate that any person violating this section
shall be subject to a fine and that a person who smokes in a non-smoking
area may be denied continued access to that area or to the services
offered by the Borough until compliance with this section. Every sign
required by this section shall be located so as to be clearly visible
to both the public and the Township employees.
[Ord. No. 2018-961 § 7]
Any person violating the provision of this section shall, upon
conviction, thereof, pay a penalty of not less than $50 for the first
offense and not less than $100 for each subsequent offense.
[Amended 10-2-2023 by Ord. No. 2023-1034]
a.
Purpose. The purpose of this section is to provide for the safety,
health and general welfare of the residents of the Borough of Pine
Hill on private and public property within the Borough. The purpose
of this section is to prevent residents from sustaining personal injury
or property damage as a result of the use and operation of unlicensed
motor-driven vehicles.
b.
OPERATION
PRIVATE PROPERTY
PUBLIC PROPERTY
UNLICENSED MOTOR-DRIVEN VEHICLES
Definitions and word usage. 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.
The riding of a motor-driven vehicle while the engine is
running. Operation is not intended to include the mere running of
an engine or nominal movement of the vehicle which may customarily
happen during maintenance, storage and the like.
All land in the Borough of Pine Hill, in the County of Camden,
other than public property and other than public streets, roads and
highways.
Lands and interests in all real property owned by or leased
to the Borough of Pine Hill, in the County of Camden, or owned by
or leased to any other municipal corporation or political subdivision
of the State of New Jersey, specifically included, but not limited
in said definition to, all public streets, roads and highways in the
Borough, public parks, Board of Education lands and any easement or
rights-of-way open to the public.
Any motorized vehicle not registered with the State of New
Jersey pursuant to the provisions of Title 39 of the New Jersey Statutes
containing two wheels, commonly known as "motorbikes" or "ATVs or
Dirt Bike", trail bikes or motorcycles, bicycles with motor attached
and all motor-operated vehicles of the bicycle- or trail bike-type
containing two wheels and having a saddle or seat with driver sitting
astride or upon it or a platform on which the driver stands.
c.
Prohibited operation.
It shall be unlawful for any person to operate or permit and
suffer to be operated an unlicensed motor-driven vehicle, as defined
herein, within the Borough of Pine Hill under any of the following
circumstances:
1.
On private property of another without the express prior written
consent of the owner and the occupant of said property. Such consent
may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator or person at
the site responsible for such operation shall keep said consent on
his person and available for immediate display at all times during
the period of such operation. Excepted from the operation of this
subsection are any private clubs or other organizations that permit
the operation of recreational motor vehicles on their property in
connection with the principal use of said property by the members
of any such club or organization.
2.
On any public grounds or property, including Borough-owned land,
which shall include, but not be limited to, parks, ball parks, recreation
areas, lake area, Borough-owned streets, easements and sidewalks or
areas dedicated or commonly used for vehicular or pedestrian traffic,
Borough storage facilities, garage areas and Board of Education lands,
unless specifically designated, set aside and reserved therefor by
resolution of the Borough Council.
d.
Snowmobiles, all-terrain vehicles and dirt bikes.
No person shall operate a snowmobile, all-terrain vehicle, or
dirt bike upon the main traveled portion of any public street or highway
or within the right-of-way limits thereof except as follows: (1) Properly
registered snowmobiles, all-terrain vehicles, and dirt bikes may cross,
as directly as possible, public streets or highways, except limited
access 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 on the public street or
highway. Prior to making any such crossing, the operator shall bring
the snowmobile, all-terrain vehicle, or dirt bike to a complete stop.
It shall be the responsibility of the operator of a snowmobile, all-terrain
vehicle, or dirt bike to yield the right-of-way to all vehicular traffic
upon any public street or highway before crossing the public street
or highway; (2) Whenever it is impracticable to gain immediate access
to an area adjacent to a public highway where a snowmobile, all-terrain
vehicle, or dirt bike is to be operated, the snowmobile, all-terrain
vehicle, or dirt bike may be operated adjacent and parallel to the
public highway for the purpose of gaining access to the area of operation.
This shall apply to the operation of a snowmobile, all-terrain vehicle,
or dirt bike from the point where the snowmobile, all-terrain vehicle,
or dirt bike 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 the loading or unloading cannot be effected in the
immediate vicinity of the area of operation without causing a hazard
to vehicular traffic approaching from either direction on the public
highway. The loading or unloading must be accomplished with due regard
to safety, at the nearest possible point to the area of operation.
(See N.J.S.A. 39:3C-17)
e.
Violations and penalties.
1.
With the exception of a N.J.S.A. 39:3C-17 violation, any person who
violates any section of this subsection of the Code of the Borough
of Pine Hill shall be subject to a fine of not more than $2,000, imprisonment
for not more than 90 days and/or a period of community service not
to exceed 90 days, or any combination thereof.
2.
An all-terrain vehicle or dirt bike operated on any public street,
highway, or right-of-way in violation of N.J.S.A. 39:3C-17 poses an
immediate threat to the public health, safety, or welfare to the public
and creates a dangerous condition. Such all-terrain vehicles or dirt
bikes so operated shall be designated as contraband subject to forfeiture
in accordance with the provision so N.J.S.A. 2C:64-1 et seq. An all-terrain
vehicle or dirt bike forfeited pursuant to the provision of N.J.S.A.
2C:64-1 et seq., as authorized by this subsection shall be disposed
of in accordance with the provision of N.J.S.A. 2C:64-6, or at the
discretion of the entity funding the prosecuting agency involved,
may be destroyed.
[Amended 10-2-2023 by Ord. No. 2023-1034]
It shall be unlawful for the owner of any unlicensed motor-driven or motorized vehicle, as defined herein, to permit or suffer any person to operate said vehicle within the Borough of Pine Hill on any property or under the circumstances described and enumerated in the preceding subsection 3-17.1 of this section.
[Amended 10-2-2023 by Ord. No. 2023-1034]
The provisions of subsection 8-3.5c and d shall apply to any
person violating the provisions of this section.
See also Violations and penalties in § 3-17.1e.
The following terms, as used in this section, are defined below:
Shall mean a pair of devices worn on the feet with a set
of wheels attached, regardless of the number or placement of those
wheels and used to glide or propel the user over the ground.
Shall mean a low board fitted with a wheel at each end and
a steering handle attached to the axle of the front wheel used to
glide or propel the user across the ground either with or without
a motor attached.
Shall mean a piece of wood, fiberglass or other rigid material,
mounted on skate wheels used to glide or propel the user across the
ground.
Every person operating any roller skates, skateboard or scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by Chapter 4 of Title 39, except as those provisions thereof which by their nature can have no application.
The Borough of Pine Hill, pursuant to N.J.S.A. 39:4-10.10a may
regulate the operation of roller skates, skateboards and scooters
upon the roadways and public properties under municipal jurisdiction.
No person under the age of 14 may operate roller skates, skateboards
or scooters without wearing a properly fitted and fastened helmet,
as defined in N.J.S.A. 39:4-10.5, which meets the standards of the
American National Standards Institute, the Snell Memorial Foundation's
1990 Standard for Protective Headgear for Use in Bicycling, the American
Society for Testing and Materials standard or other such standard,
as appropriate.
In accordance with N.J.S.A. 39:4-10.11, any person operating
any roller skates, skateboard or scooter upon a roadway shall ride
as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
same direction; provided, however, that any person may move to the
left under any of the following situations.
a.
To make a left turn from a left-turn lane or pocket.
b.
To avoid debris, drains, or other hazardous conditions that make
it impracticable to ride at the right side of the roadway.
c.
To pass a slower moving vehicle.
d.
To occupy any available land when traveling at the same speed as
other traffic.
e.
To travel no more than two abreast when traffic is not impeded.
The operation of any roller skates, skateboard or scooter by
any person under the age of 14 is prohibited upon the following roadways:
The use of motorized roller skates, scooter, or skateboard is
hereby prohibited on any public road or parking lot. The motor need
not be engaged in order for a person to be in violation of this prohibition.
a.
A person who violates any requirement of this section for the first
offense shall be issued a warning by the enforcing official. After
being warned, upon a subsequent offense, a person shall be fined a
minimum of $50 and a maximum of $250 per offense, as determined in
the discretion of the judge of the municipal court.
b.
However, the penalties provided under the provisions of this section
for failure to wear an approved helmet may be waived if the parent
or legal guardian of the violator provides suitable proof that an
approved helmet or appropriate personal protection equipment has been
purchased since the violation occurred.
a.
No property owner within the Borough of Pine Hill shall permit, allow,
and/or create any obstruction on their property which shall cause
flooding onto any public road.
b.
In the event that a property owner created such an obstruction such
property owner shall be in violation of this section.
c.
Any such property owner shall receive written notice of such violation
by regular mail to the last known address of the property owner and
be provided an opportunity to remove the obstruction within seven
days of the date that the notice is mailed.
d.
In the event the obstruction is not removed within that time, the
borough may direct its personnel to remove the obstruction and thereafter
report the costs of such removal to borough council. Borough council
may thereafter lien the property for the costs of said removal.
e.
In the event that the Police Chief and the public works supervisor
determine that an immediate hazard to public safety exists, the borough
shall immediately take steps to remove the obstruction and thereafter
lien the property for the costs of such removal.
No person over the age of 18 who has been convicted of a violation
of any crime against a minor as listed in N.J.S.A. 2C:7-2, and who
as a result of said conviction is required to register with the proper
authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and
Notification of Release of Certain Offenders, shall be permitted to
reside or live within 2,500 feet of any school, public park, public
playground or daycare center in the borough.
This section shall not apply to a person who has established
a residence prior to November 21, 2005 within the 2,500 feet area.
Any violation of this section shall be punishable by one or
more of the following penalties: a fine not to exceed $1,000; imprisonment
for a term not to exceed 90 days; and/or a period of community service
not to exceed 90 days.
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 Borough of Pine Hill, so as to protect public health, safety and
welfare, and to prescribe penalties for failure to comply.
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.
No person shall feed, in any public park or on any other property
owned or operated by Borough of Pine Hill, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
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 $500.
a.
Any non-motor vehicle or boat subject to registration by the State
of New Jersey is subject to the provisions of this section.
b.
It shall be a violation of this section to store, place or leave
a non-motor vehicle or boat subject to this section on any property,
excluding enclosed garages, within the Borough of Pine Hill, unless
that vehicle is properly registered within the State of New Jersey
and that nonmotor vehicle or boat is in good working order.
Only vehicles owned by the occupants of the property may be
stored on that property.
c.
It shall be a violation of this section to store more than one vehicle
subject to this section in a driveway and one vehicle subject to this
section in a back yard.
d.
For the purposes of this section, storage is defined as a motor vehicle
not leaving the property for period of 30 days.
e.
For the purposes of this section, a non-motor vehicle shall mean
any wheeled vehicle that moves as a result of force or energy from
another vehicle or a person such as a boat trailer, pop-up trailer,
recreational vehicle trailer or landscaping trailer.
[Ord. No. 2018-968]
The Borough of Pine Hill hereby establishes and adopts the "Public
Health Nuisance Code of New Jersey (1953)", excepting out any portions
of said Public Health Nuisance Code that may have been stricken therefrom,
and including any addition, supplement or revision that has been made
to said Public Health Nuisance Code as is set forth on the printed
Public Health Nuisance Code attached hereto and incorporated by reference
herein.
[Ord. No. 2018-968]
Three copies of the "Public Health Nuisance Code of New Jersey
(1953)" have been placed on file in the office of the Borough Clerk
for the use and examination of the public.
[Ord. No. 2018-968]
Any person who violates or neglects to comply with the provision
of this section or Public Health Nuisance Code established herein
on notice issued pursuant thereto shall, upon conviction thereof,
be liable to a penalty of not less than $100 and no more than $500
for each offense.
[Added 11-6-2023 by Ord. No. 2023-1035]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This section
establishes requirements for the storage of salt and other solid de-icing
materials on properties not owned or operated by the municipality
(privately-owned)* in the Borough of Pine Hill to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
[Added 11-6-2023 by Ord. No. 2023-1035]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings sated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When consistent with the context, words used in the present
tense include the future, words used in the plural number include
a singular number and words used in the singular number include the
plural number. The words "shall" is always mandatory and not merely
directory.
Means any granular or solid material such as melting salt
or any other granular solid that assists in the melting of snow.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Means a permanent building or permanent structure that is
anchored to a permanent foundation with an impermeable floor, and
that is completely roofed and walled (new structures require a door
or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets
the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing material;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Means the point of entry into the storm sewer system.
[Added 11-6-2023 by Ord. No. 2023-1035]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th,
but no longer than 30 days without prior written approval from the
Department:
1.
Materials shall be placed on a flat, impervious surface in a manner
that prevents stormwater fun-through;
2.
Materials shall be placed at least 50 feet from surface water bodies,
storm drain inlets, and/or ditches or other stormwater conveyance
channels;
3.
Materials shall be formed in a cone-shaped storage pile;
4.
All storage piles shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind;
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used.
5.
The site shall be free of all de-icing materials between April 16th
and October 14th.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of solid deicing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15th - April 15th.
c.
The property owner shall designate a person(s) responsible for operations
at the site where these materials are stored, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met.
[Added 11-6-2023 by Ord. No. 2023-1035]
This section does not apply to facilities where the stormwater
discharges from salt storage activities are regulated under another
NJPDES permit.
[Added 11-6-2023 by Ord. No. 2023-1035]
This section shall be enforced by the Borough Police Department
and/or other Municipal Officials designated by the Borough of Pine
Hill during the course of ordinary enforcement duties.
[Added 11-6-2023 by Ord. No. 2023-1035]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
upon conviction thereof, before the Municipal Court serving the Borough
of Pine Hill, be subject to a fine not exceeding $500 or imprisonment
in the County Jail for a term not exceeding 90 days, or both, in the
discretion of the Municipal Court Judge before whom such a violation
occurs or continues.
