Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of 1975 Code § 79-1 — 79-5, 114-4 and Ordinance No. 7-83, 071-80. See subsection 17-1.3c.,4 pertaining to ownership of newspapers that are placed on the curb for recycling.
[Ord. No. 13-2006]
The purpose of this section is to establish requirements to control littering in the Borough of Allentown, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 13-2006]
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.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PRIVATE PROPERTY
Shall mean and include any dwelling or structure, whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mail box belonging to or appurtenant to such dwelling or structure.
PUBLIC PLACE
Hall mean all streets, sidewalks, boulevards, alleys, beaches, or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
PUBLIC WAY ADJACENT TO PRIVATE PROPERTY
Shall mean and include the areas from the side edge of a highway, street or road, whether or not curbed, to and including the sidewalk, if any, and, if no sidewalk, to the front property line of the adjacent private property; and all areas used for any public park, playground, municipal building or other installation, including driveways, parking areas, walks, paths and other public ways thereupon.
VEHICLE
Shall mean every device, 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.
[Ord. No. 13-2006]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. No. 13-2006]
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 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 from litter.
[Ord. No. 13-2006]
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.
[Ord. No. 13-2006]
Any person violating any of the provisions of this section shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 13-2006]
This section shall be enforced by the Police Department and/or Code Enforcement Department of the Borough of Allentown.
[Ord. No. 13-2006]
Each subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Ord. No. 13-2006]
This section shall be in full force and effect from and after its adoption and any publication as may be required by law.
[1975 Code § 72-1]
No person shall cast or place or cause to be cast or placed in the streets of the Borough, or in any wagon or automobile or into the vestibules, yards or upon porches of any dwelling house or other building within the limits of the Borough, any advertisement, handbill, circular or waste paper, provided that this does not apply to the distribution of newspapers.
[1975 Code § 72-2]
No person shall place or cause to be placed on any post, tree, fence, sidewalk, telegraph pole or electric light pole in the streets of the Borough any advertising sign of any description, except on boards provided for that purpose and duly authorized by the Mayor and Council.
[1975 Code § 72-3; 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.
[1975 Code § 91-1; Ord. No. 020-81]
No firearms may be carried, loaded or discharged in the Borough of Allentown.
[1975 Code§ 91-2; Ord. No. 020-81; New]
Nothing in this section shall apply to the following activities:
Carrying, loading or discharging of firearms by a Police Officer in the performance of his police duties.
[1975 Code § 91-3; Ord. No. 020-81]
As used in this section:
FIREARMS
Shall mean and include pellet guns, BB guns and air guns.
[1975 Code § 91-4; Ord. No. 020-81; New]
Any person violating the terms of this section shall, upon conviction thereof in the Municipal Court, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 49-1; Ord. No. 08-2005 § 1]
As used in this section:
BICYCLES, SKATEBOARDS, ROLLER BLADES, IN-LINE SKATES AND SCOOTERS
Shall mean devices having two to four (2 to 4) wheels or tires, connected by a frame and arranged to be propelled by human power. This definition does not apply to toy bicycles, velocipedes or toddler apparatus.
SIDEWALK
Shall mean that portion of a highway intended for the use of pedestrians, between the curbline or the lateral line of a shoulder or, if none, the lateral line of the roadway and the adjacent right-of-way line.
[1975 Code § 49-2; Ord. No. 08-91; New; Ord. No. 08-2005 § 1]
It shall be unlawful for any person to operate a bicycle, skateboard, roller skates, roller blades, in-line skates or scooter on the sidewalk in the following described areas, and in these areas, bicycles, skateboards, roller skates, roller blades, in-line skates or scooters shall be walked on the sidewalk or operated in the street:
a. 
On Main Street, from the northern boundary of the business district to the north side of High Street and the extension of that line to the west side of South Main Street, on both sides of Main Street.
b. 
On both sides of Church Street from its intersection with Hamilton Street, as extended to the south side of the street, and thence east on both sides of Church Street to its intersection with Main Street.
[1975 Code § 49-3]
Any person who shall violate the provisions of this section shall, upon conviction, be punished by the impounding of his bicycle for a period not to exceed 30 days.
[1975 Code § 107-1; Ord. No. 015-76; Ord. No. 9-97]
As used in this section, the following terms shall have the meanings indicated:
TRAILERS, CAMPING AND RECREATIONS VEHICLES
Shall mean any boat mounted on a trailer or any vehicle, trailer or structure used or intended to be used as a conveyance upon the public streets or highways and duly licensed as such, including trailers used for hauling and/or any vehicle with a trailer attached, self propelled and non-self propelled vehicles or structures designed, constructed and reconstructed or added to be means of accessories in such a manner as to permit the occupancy thereof as a dwelling or sleeping place, temporary and permanent, for one or more persons and having no foundations other than wheels, skids, jacks or similar devices so arranged as to be integral with or portable by the trailer or camping and recreational vehicle, including any trailer or camping and recreational vehicle so arranged and installable as not to be subject to transportation.
[1975 Code § 107-2; Ord. No. 015-76; Ord. No. 9-97]
a. 
No person shall park any camping vehicles, trailer or vehicle with trailer attached for any period exceeding two hours on any street in the Borough, except for purposes of repair.
b. 
If any person desires to repair a camping vehicle, trailer or vehicle with trailer attached while it is parked on any street, he shall obtain a permit therefor from the Police Department. Such permit shall not be issued unless the vehicle cannot be removed to a garage, service station or other premises for the purpose of repair and shall be granted on request without fee. It shall be valid for a period of 48 hours from the issuance thereof, but may, for good cause shown, be renewed for an additional 48 hour period or periods, as necessity may require. Any such vehicle shall not be used by any person as a dwelling or sleeping place during such period of repair.
[1975 Code § 107-3; Ord. No. 015-76]
Any owner of a camping vehicle may park or store such equipment on private residential property in the Borough subject to the following conditions:
a. 
If the camping vehicle is parked or stored outside of a garage or building, it shall be parked or stored to the rear of the front building line of the lot.
b. 
At no time shall such parked or stored camping vehicles be occupied or used for living, sleeping or housekeeping purposes.
c. 
Notwithstanding the provisions of paragraph a., a camping vehicle may be parked anywhere on private residential property for loading or unloading purposes.
[1975 Code § 107-4; Ord. No. 015-76; Ord. No. 08-77; New]
Any person who shall violate this section or any of its provisions shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: For regulations concerning the storage of disabled vehicles, see Chapter 32, Zoning, subsection 32-4.9p.
[1975 Code § 109-1; New]
As used in this section:
PROPERTY
Shall mean any real property within the Borough which is not a street or highway.
STREET
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 the purposes of vehicular travel.
VEHICLE
Shall mean a machine propelled by power, 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, and shall include, without limitation, an automobile, truck, trailer, motorcycle, tractor, buggy, wagons and buses.
[1975 Code § 109-2]
No person shall abandon any vehicle within the Borough and no person shall leave any vehicle at any place within the Borough for such time and under such circumstances as to cause such vehicle to reasonably appear to be abandoned.
[1975 Code § 109-3]
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street within the Borough.
[1975 Code § 109-4]
No person in charge or control of any property within the Borough, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicles to remain on such property longer than 48 hours; and no person shall leave any such vehicle on any property within the Borough for a longer time than 48 hours. This section shall not apply with regard 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 such business enterprise, in which case the vehicles shall be screened from public view by fencing or plantings as approved by the Planning Board, nor a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
[1975 Code § 109-5; 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 reasonably appears to be in violation of this section or which is lost, stolen or unclaimed. Such 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 certified mail at the last known address of the owner, of the removal of such vehicle and the reason for the same, and the location of the vehicle. Such vehicle shall be retained and impounded until the owner or his duly authorized agent shall have paid the cost of such taking and removal, together with a garage charge of customary and reasonable fees for each and every day such vehicle is retained and impounded.
[New]
Any person found violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 08-2016; Ord. No. 03-2017]
Pursuant to N.J.S.A. 40:48-2.49, the Borough hereby regulates the removal of motor vehicles from public property by operators engaged in such practice and establishes the fees to be charged for said removal and storage, as well as penalties for any violations thereof. It is the express policy of the Borough that no qualified applicant shall be excluded from this program or denied approval on the basis of race, religion, gender or national origin or be in any other way discriminated against unlawfully. This section shall apply to all motor vehicle towing and storage operations performed at the request of the Borough of Allentown.
[Ord. No. 08-2016; Ord. No. 03-2017]
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE
Shall mean a motor vehicle of a private passenger, sport utility or station wagon type that is owned or leased 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(s).
BASIC TOWING SERVICE
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.
BOROUGH
Shall mean the Borough of Allentown.
COMMERCIAL VEHICLE
Shall mean any vehicle other than that as defined as an "automobile" pursuant to the definitions as contained in this chapter.
INSIDE BUILDINGS
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.
MOTOR VEHICLE ACCIDENT
Shall mean an occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner or operator of the motor vehicle, even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the owner or operator of the motor vehicle.
OPERATOR
Shall mean a person who is in physical control of a vehicle.
OUTSIDE SECURED
Shall mean an automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high. The facility is to be lighted at night.
OUTSIDE UNSECURED
Shall mean an automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as "inside building" or "outside secured."
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
Shall mean the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new 24 hour period begins at 12:01 a.m.
TOW VEHICLE
Shall mean only 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 motor vehicles.
TOW VEHICLE'S BASE OF SERVICE
Shall mean the operator's principal place of business, where the tow vehicle is stationed when not in use.
WINCHING SERVICE
Shall mean any operation in which a vehicle is moved onto a roadway from a position off the roadway, or any operation in which substantial work is required to prepare a vehicle for normal towing.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
The Borough Council shall appoint persons or companies meeting the criteria set forth in this section and engaged in the business of offering the services of a motor vehicle towing or wrecker service, whereby damaged or disabled motor vehicles are towed or otherwise removed from the place where they are damaged or disabled, by use of a tow vehicle, as defined in this section. Such persons or companies shall be known as "official towers."
b. 
Official towers shall be identified by means of a license that shall be issued in accordance with the provisions of this section.
c. 
Not less than 90 days prior to the beginning of each three-year term of an official tower's license, the Borough shall advertise for applications for towing licenses for providing towing services pursuant to this chapter. The advertisement shall be published in the legal newspapers of the Borough.
d. 
All applicants shall submit their applications at least 60 days prior to the commencement date for each three-year period, and the applications shall be reviewed in accordance with the procedures set forth in this chapter. The award of a license to the successful applicants shall be subject to compliance with the license requirements of this section.
e. 
For the purposes of the licenses to be awarded, pursuant to this section, in the year in which it is adopted, the initial term of the license shall be from the date the license is issued until December 31, 2019. Licenses issued thereafter shall be for a three-year period commencing on January 1 of the year in which it was issued and terminating three years thereafter.
f. 
Notwithstanding the provisions of this section that provide for a three-year term of the license, official towers shall submit, no later than December 1 of each year that the towing license is in effect, a certification certifying that the official tower meets the requirements of this section in regard to the issuance of licenses. Said certification shall be submitted to the Allentown Police Department for review and approval by the designated administrative officer(s). Failure to submit the certification or failure to continue to abide by the requirements of this section in regard to the issuance of a towing license shall subject the official tower to revocation of the license in accordance with the procedures contained herein.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Official towers shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the Borough, when requested to do so by the Allentown Police Department.
b. 
No official tower shall subcontract any work to be performed pursuant to this chapter except in an emergency situation. The Borough shall, within reasonable discretion, maintain objective guidelines on file as to emergencies and use of subcontractors. Any official tower shall be responsible for the services performed by the subcontractor and shall remain liable for any violation of this section by the subcontractor.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Applications for inclusion on the official tower's list shall be made to the Borough Council upon a form prepared by the Allentown Police Department and approved by the Borough Attorney and shall contain all of the following information:
1. 
The name, residence and business address and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than 10% of the issued stock.
2. 
Such information as may be required by the Borough Council concerning the personnel, vehicles, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
3. 
Policies or certificates of insurance coverage as hereinafter provided.
4. 
The names and addresses of two business references who have known the applicant for at least two years.
5. 
Certification that the applicant will be able to provide towing services anywhere in the Borough with a maximum response time of 30 minutes, except when extraordinary circumstances occur.
6. 
Certification that the applicant will be available for service on business premises 24 hours a day, seven days a week, and that they will abide by the fees contained in or referred to in this section.
7. 
Consent to certification that will consent to appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.
8. 
A sketch plan showing the location of the storage area, the number of cars that can be stored and the total square footage area of the storage area.
9. 
Agreement to abide by the general rules and regulations established by the Allentown Police Department in connection with towing procedures within the Borough.
b. 
The applicant shall submit completed duplicate applications to the Borough Clerk, who shall forward a copy to the Officer-in-Charge of the Allentown Police Department for his or her review and approval. The review by the Allentown Police Department shall consist of the following:
1. 
The applicant shall be required to obtain, at its sole cost and expense, background checks for each of the applicant's personnel expected to be involved in the fulfillment of the official tower's duties. A background check to determine if either the applicant or the applicant's personnel have been convicted of a criminal offense or have had their driver's licenses suspended or revoked within the past year. The applicant's background check(s) shall be submitted to the Allentown Police Department for review. Conviction of a criminal offense or suspension of driver's license within the past year shall be a cause for disqualification from inclusion on the official tower's list.
2. 
An inspection, either in-person or through a review of appropriate proofs submitted to the Allentown Police Department by the applicant, which proofs may include, but are not necessarily limited to photographs, certifications, inspection reports, or the like, of the personnel, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this section.
c. 
An applicant may be included on the official tower's list by the Borough Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, it finds that all of the following circumstances exist:
1. 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
The applicant has met the standards in this section and has forwarded the policies or certificates of insurance, which shall be reviewed and approved by the Borough Clerk.
3. 
The application has been reviewed and approved by the Allentown Police Department.
4. 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their driver's license suspended within the past year.
d. 
The Allentown Police Department shall conduct a review and render a report to the Borough Council, recommending either approval or denial of the application, within 30 days of receipt of the application. The Borough Council shall take action with regard to the application within 30 days of receipt of the report of the Police Department. The applicant, or its representative, shall be given notice of the date on which the Borough Council will consider the application and shall be permitted to appear and be heard at that time.
e. 
Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Borough Council.
f. 
If the Borough Council fails to take action within 120 days of receipt of a complete application, the application shall be deemed to have been denied.
g. 
Applicants and/or operators shall be rejected if deficiencies are disclosed or verified as follows:
1. 
Inaccurate information on the application form.
2. 
Unsatisfactory County Consumer Affairs Office report.
3. 
Lack of experience and/or has unsatisfactory references for the applicant's towing or storage service.
4. 
Lack of available qualified personnel to carry out the duties of a tow operator or storage service.
5. 
Lack of proper business/trade licenses.
6. 
Unavailable or inappropriate tow vehicle for the services required.
7. 
Failure to provide service on a twenty-four-hour, seven-day-a-week basis.
8. 
Failure to maintain a communication system between the dispatch center and tow vehicles on a twenty-four-hour basis.
9. 
Failure to provide evidence of adequate insurance.
10. 
Criminal conviction of the operator or tow company employees, unless waived for cause by the Officer-in-Charge of the Allentown Police Department.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Upon approval of the application as herein provided, the Borough Clerk shall issue the applicant an official tower's license to be utilized in providing services pursuant to this section.
b. 
Said licenses shall be in a form approved by the Borough Council.
c. 
The licenses shall be valid for the three-year period as set forth in this section, shall be nontransferable and shall be subject to revocation by the Borough Council for any of the following reasons, subject to the proceeding below:
1. 
If it is subsequently determined that the applicant knowingly and with intent to deceive made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
Violation of any Federal or State law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
3. 
Violation of any rule or regulation promulgated by the State of New Jersey.
4. 
Unsatisfactory service provided pursuant to this section.
5. 
Failure to annually certify compliance with the requirements of this section as required by subsection 3-10.3f of this section.
d. 
The license fee for the license issued under this section shall be $250 per license, a copy of which shall be displayed in each and every vehicle providing services pursuant to this section. The fee for the annual review of certification and inspection of all vehicles and equipment utilized by the official tower pursuant to subsection 3-10.3f of this section shall be $100.
e. 
Licenses may be transferred with the consent of the Borough Council, if the licensee demonstrates that the transferee complies with all of the requirements of this section.
[Ord. No. 08-2016; Ord. No. 03-2017]
To qualify for inclusion on the list of official towers, applicants must meet the following minimum standards:
a. 
Minimum Vehicle Requirements.
1. 
Every official tower shall maintain and have available to render services required by this section a minimum of one regular tow vehicle, one flatbed vehicle and one heavy-duty wrecker.
2. 
Vehicle classes.
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a dolly assembly, a tow sling or wheel lift assembly at least 100 feet of either 3/8 inch or 7/16 inch cable attached to a motor-driven winch.
(b) 
Flatbed vehicles must be equipped with a winch or hydraulically operated bed which slides or tilts to accommodate transporting of vehicles.
3. 
Every official tower shall have available a heavy-duty wrecker, and under-reach shall be rated at 35,000 pounds and shall be capable of towing new-style buses and trucks with fiberglass front ends.
4. 
All equipment shall comply with all State and Federal regulations, and all vehicle operators shall possess a CDL license for over 18,000 pounds.
5. 
Each applicant shall submit, along with its application, proof of ownership, lease or other written agreement demonstrating availability as needed of the vehicles which will be utilized to provide services pursuant to this section.
b. 
Minimum Equipment Requirements.
1. 
Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a) 
At least one amber rotating beacon or strobe light mounted on the highest practical location of the vehicles, visible from three hundred sixty (360°) degrees when in use and visible at a minimum distance of 500 feet during daylight hours.
(b) 
One snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights for towing vehicles at night, amber-colored.
(d) 
Extra chains and cable for pulling or securing a towed vehicle.
(e) 
At least one heavy-duty broom, a shovel, a crowbar or pry bar, a set of jumper cables, a flashlight, one two-pound or larger fire extinguisher of dry chemical type, one dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, at least 40 pounds of dry sand or a drying compound for gasoline and oil spilled onto the roadway and a container of sufficient size to remove the used compound, a sufficient quantity and types of tools to enable the tow operator to perform proper emergency repair services for the tow.
2. 
Every tow vehicle or flatbed vehicle shall comply with any and all State, Federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Allentown Police Department at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the Borough.
3. 
Every tow vehicle or flatbed vehicle shall display the official tower's license and shall have the name of the official tower displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
4. 
All towing operators' trucks must be equipped with either two-way radio and/or mobile telephone communications equipment with their principal place of business, including their garage and/or office facilities, to ensure the proper availability of services and equipment on behalf of the Borough and motorists.
5. 
The towing operators' wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Motor Vehicle Commission.
c. 
Minimum Personnel Requirements; Availability and Response Time.
1. 
All persons employed by official towers to provide the services required by this section shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be competent mechanics able to provide minimum road service for disabled vehicles;
(b) 
Have a valid driver's license having no restrictions or conditional endorsements other than a condition requiring the wearing of eyeglasses;
(c) 
Be mentally alert and present a neat appearance at all times;
(d) 
Obey all traffic laws and regulations;
(e) 
Be subject to inspection by the Allentown Police Department and shall be approved by the Borough prior to rendering any services; and
(f) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked within the past year.
2. 
Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road services or removal of abandoned or accident vehicles when such employees find it necessary to turn around, back up, tow in the opposite direction of traffic, or cross the median.
3. 
A towing operator shall not permit a vehicle to be removed from the site of a vehicular accident, the scene of a crime or any other instance or situation without the prior approval and permission of a Police Officer and/or superior at the scene.
d. 
Minimum Storage Requirements.
1. 
Every official tower shall maintain an outside secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of six passenger vehicles and one tractor and trailer. The area shall have at least 800 square feet of storage facilities to hold and protect Police hold vehicles.
(b) 
The location of the towing facility and storage area shall be within a 10 mile radius from the Borough of Allentown Municipal Building or located within a municipality which is contiguous with the Borough of Allentown. This location is established to ensure reasonable response and towing distances.
(c) 
The storage area shall be fully enclosed by a sturdy fence having a minimum height of six feet, with at least one lockable gate for ingress and egress, and shall be lighted from dusk to dawn.
(d) 
The storage area shall be in an area legally zoned for such use.
(e) 
The storage facility shall be available 24 hours a day, 365 days per year, and shall be open to the public at least five days per week between the hours of 8:00 a.m. and 6:00 p.m., excluding holidays. The applicant shall provide reasonable accommodations for the after-hours release of stored motor vehicles.
(f) 
The official tower shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The official tower shall not charge a release fee or other charge for releasing vehicles to their owners after normal business hours or on weekends.
(h) 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
(i) 
The official tower shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this section. The official tower shall be liable for any damage incurred by such vehicles while in transit to or while stored in the storage areas.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Official towers shall be placed on the Official Tower's List at the beginning of each year in accordance with the procedures as set forth in this section. The official towers shall rotate on the list for one week at a time or for such equal periods as designated by the Borough. The one week rotation shall commence at 12:00 midnight on Sunday and terminate at 11:59 p.m. the following Saturday.
b. 
The Borough shall request wrecking, towing and storage services from each official tower in rotation. When called, the tower shall advise the dispatcher if a vehicle is available and the estimated time of arrival. If no tow vehicle is available or if, in the discretion of the Borough official making the request, the response time is insufficient under the circumstances to properly protect the public health, safety or welfare, the next official tower on the list shall be called for that particular towing event. The official tower who is at the top of the list, however, shall remain on the top of the list for any subsequent calls until that tower's one-week period at the top of the list is finished.
c. 
All requests for service shall be made by the Allentown Police Department.
d. 
The Police Department shall request service only from official towers; provided, however, that if no emergency or imminent road hazard exists, the Borough shall request such service from such other person as the owner of the motor vehicle in need of such services may request; and provided further that, if none of the official towers are available or able to provide such services as are requested by the Borough, or if an emergency exists, the Borough may request such services from any other available source.
e. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, official towers shall give priority to requests from the Borough over any other requests which may be received by the official towers.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
The tower shall maintain, during the life of its license, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the Borough. The tower shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the Borough prior to commencement of work. All policies and/or certificates shall be submitted to the Borough Clerk for review and approval.
1. 
Garage Liability Insurance. Limit of liability shall not be less than one million ($1,000,000.00) dollars combined single limit (bodily injury and property damage) per occurrence, including premises operations and products/completed operations.
2. 
Automobile Liability Insurance. Limit of liability shall not be less than one million ($1,000,000.00) dollars combined single limit (bodily injury and property damage) per occurrence.
3. 
Garagekeepers Insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possessed or stored on property owned or controlled by the tower. Limit of said coverage shall be not less than $100,000 per location.
4. 
Excess Umbrella Insurance. Limit of liability shall be not less than one million ($1,000,000.00) dollars, providing protection in excess of the one-million-dollar garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in paragraphs a.1 and a.2 are not less than two million ($2,000,000.00) dollars combined single limit.
5. 
Workers Compensation Insurance. New Jersey statutory coverage, including employers liability coverage, shall be provided.
b. 
On all liability policies, the Borough shall be added as an additional insured, and insurance policies and/or certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the Borough.
c. 
The tower shall indemnify the Borough and the public against any loss due to injuries, accident or damages of any character whatsoever where any such damage is the result of an act or omission of the tower, his agents or employees in or due to the execution of the work called for under the contract.
d. 
Copies of all insurance policies provided above or certificates thereof satisfactory to the Borough shall be furnished forthwith.
e. 
The providing of any insurance required herein does not relieve the tower of any of the responsibilities or obligations assumed by the tower for which the tower may be liable by law or otherwise.
f. 
If any policies contain deductible or copayments, it shall be the responsibility of the tower to pay such sums at the same time a claim is settled by the tower's insurance company.
g. 
Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the contract and shall cause an immediate termination thereof.
h. 
Policies must be endorsed to provide collision coverage for vehicles in tow.
i. 
Proof of the above insurance shall be provided at the time of application.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
The following rates for cars, vans, pickups and four-wheel vehicles up to 6,000 pounds and motorcycles will apply for the first half-hour of service except for crane service. After the first half-hour of service, all time will be charged at $75 per hour. If dolly wheels are used, there will be an additional charge of $15.
1. 
Cars, vans, pickups and four-wheel vehicles up to 6,000 pounds:
Normal tow within Borough limits: $100.00
Winch job, pole, roll over: $100.00 minimum
Car carrier: $100.00
2. 
Motorcycles and bikes:
Pick-up of motorcycles: $ 75.00
Pick-up of trail bikes or minibikes: $ 75.00
Use of flatbed: $ 75.00
3. 
Tows outside the Borough limits will be charged at $3 per mile plus tolls.
4. 
Crane service shall be $450 per hour with a minimum of two hours to be charged.
5. 
A basic environmental or crash scene clean-up includes removing of debris, sweeping of glass and vehicle fluids using an absorbent material. The rate shall be charged at $50 for the first 30 minutes which includes the service and one bag of absorbent. Additional bags shall be charged at a rate of $20 for each.
b. 
The following rates for trucks, tractor trailers, buses and other vehicles over 6,000 pounds will apply for the first half-hour of service. After the first half-hour of service, all time will be charged at $200 per hour except for crane service. Additional wreckers called out will be charged at $200 per hour. An extra person, if needed, will be charged at an additional $50 per hour.
1. 
Trucks and vehicles over 6,000 pounds:
Normal tow within Borough limits
6,000 pounds to 15,000 pounds: $300.00
Over 15,000 pounds: $450.00
2. 
School buses:
Normal tow within Borough limits: $200.00
3. 
Buses (private or charter):
Normal tow within Borough limits: $450.00
4. 
Tractor trailers:
Normal tow within Borough: $450.00
5. 
Tows outside the Borough limits will be charged at $5 per mile. (Trailers will be dropped at nearest possible location.)
6. 
Crane service shall be $450 per hour with a minimum of two hours to be charged.
7. 
Specialized equipment rates:
Heavy duty under lift: $350.00 per hour
48 foot tilt trailer service: $350.00 per hour
c. 
When any vehicle is brought from the original location to Police Headquarters for investigative purposes and, upon completion, is moved from Police Headquarters to a final destination, the charge will be one and one-half (1 1/2) times the actual rate for one tow.
d. 
Roadside Assistance Calls. Basic roadside assistance such as tire changing, up to two gallons of fuel, or jump starting. Due to roadway design, traffic patterns, and the inability to conduct quick roadside assistance, the Borough of Allentown does not recognize roadside assistance for vehicle in excess of 16,001 lbs. Disabled vehicles over 16,001 lbs. must be towed from the roadway or any other vehicle deemed to be unsafe on the roadway. If the roadside assistance call for service results in a tow, then the vehicle operator will only be charged for the towing.
1. 
The rates charged for roadside assistance for the first 20 minutes will be:
Cars, vans, pickups, and four-wheel vehicles up to 6,000 pounds:
8:00 a.m. to 6:00 p.m.: $55.00
6:01 p.m. to 8:00 a.m.: $65.00
Trucks and Buses:
8:00 a.m. to 6:00 p.m.: $85.00
6:01 p.m. to 8:00 a.m.: $95.00
2. 
After the first 20 minutes, all time will be charged at $75 per hour.
e. 
Storage Fees.
1. 
Storage begins at date and time vehicle is placed on property of towing service. Storage will be charged for each 24 hour period (or any portion thereof) as set forth below. Any vehicle released prior to 12 hours storage will be charged at only half of the 24 hour rate, except as set forth below.
Cars:
Impounds and disabled: $35.00/each 24 hours
Accidents: $35.00/each 24 hours
Inside storage: $50.00/each 24 hours
Vehicles kept over 12 hours, but under 24 hours: $20.00/each
Motorcycles, minibikes, trailbikes (must be locked in secure enclosure): $30.00/each 24 hours
Trucks:
Tractor: $75.00/each 24 hours
Trailer: $75.00/each 24 hours
Both tractor and trailer: $125.00/each 24 hours
Buses: $75.00/each 24 hours
Borough vehicles:
For first 30 days: $3.00/each 24 hours
For 31st day and thereafter: (not to exceed $400.00) $2.00/each 24 hours
Except in the case of private vehicles held by the tower for the Allentown Police Department for investigation or other Police business, which vehicles shall be stored at the above rates for the first 14 days and thereafter at rates agreed to by the Borough and the tower depending upon the storage requirements of each Police-held vehicle.
2. 
The towing service will have someone available daily to release vehicles after normal business hours of 8:00 a.m. to 6:00 p.m. and will charge as follows:
6:00 p.m. to 12:00 a.m.: $25.00 administrative release cost
12:01 a.m. to 8:00 a.m.: $30.00 administrative release cost
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Copies of this section and the schedule of fees that may be charged by official towers shall be made available to the public during normal business hours at the Borough Municipal Building and Police Department. Copies shall also be made available to the public at each official tower's place of business.
b. 
All official towers shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this section.
c. 
The Borough reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all official towers.
d. 
The relationship between an official tower and the Borough is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the Official Tower's List shall not be construed or considered as a joint venture, partnership, association, contract of employment or profit-sharing agreement.
e. 
The Borough shall not be liable or responsible for compensating the official towers for any of the services performed under this section unless those services are performed for the Borough vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle, and the official tower shall proceed directly against the owner.
f. 
The official tower shall, at all times, be solely responsible for the conduct of its employees. No licensee shall discriminate as to hiring or employment practices. Licensees shall be required to sign a nondiscrimination statement.
g. 
Each official tower shall keep and maintain adequate and complete records showing all vehicles towed, stored and released, all services rendered and all fees charged and collected. All records shall be available for inspection by the Borough at any time during normal business hours. Records shall be kept and maintained by the official tower at one central location and shall be retained for a period of seven years. Records may be written, printed or computerized, as long as the requirements of this subsection are met.
h. 
The official tower shall comply with all State and Federal laws and regulations concerning wages, hours and terms of employment.
[Ord. No. 08-2016; Ord. No. 03-2017]
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not to exceed one thousand (1,000.00) dollars and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. 
In addition to the fine provided above, a violation of any of the provisions of this section shall be cause for suspension or revocation of the official tower's license.
c. 
The Allentown Police Department or any member thereof is hereby declared to be the enforcement agency of this section in accordance with due process of law.
[1975 Code § 87-1; Ord. No. 02-87]
The Borough Council does hereby specifically find that the uncontrolled and unsupervised activities of minor persons within the Borough lead to violations of public peace within the Borough, which violations are detrimental to the health, safety and welfare of the citizens of the Borough and detrimental to the maintenance of public safety. The Borough further finds that local legislation is necessary in order to alert the parents and guardians of minor persons of their responsibilities in relation to the control and supervision of the minor persons. The Borough further finds that local legislation is necessary in order to impress upon the parents and guardians of the minor children that they will be financially responsible for any violations of the public peace caused by the minor children.
[1975 Code § 87-2; Ord. No. 02-87; Ord. No. 04-91; New]
As used in this section:
MINOR
Shall mean any person under the age of 18 years.
PARENT
Shall mean and include either or both natural parents of a minor, the legal guardians of such minor or any other adult persons who have 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 natural parents, legal guardians or other persons whose responsibility for the custody and control of such minor has been transferred to another person or otherwise terminated by court order or by the emancipation of the minor by marriage, military service or other circumstances. Persons claiming the benefit of any such termination or transfer of responsibilities shall bear the burden of establishing the same in any proceedings hereunder.
VIOLATION OF THE PUBLIC PEACE
Shall mean:
a. 
Defacing, damaging or destroying public property or the private property of another within the Borough.
b. 
Committing an assault or aggravated assault upon another in the Borough.
c. 
Consuming or the possession of alcoholic beverages or dangerous controlled drugs in a public place in the Borough.
d. 
Obstructing or interfering with the passage of vehicles and pedestrians on the streets or sidewalks of the Borough by the use of skateboards, bicycles, roller skates, roller blades or in-line skates or similar modes of transportation.
[1975 Code § 87-3; Ord. No. 02-87]
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage such 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.
[Ord. No. 03-2012]
a. 
Imposition. It shall be unlawful for any person under the age of 18 years to loiter, idle, wander, stroll or play in or upon or to remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of amusement and entertainment, church parking lots, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle within the confines of the Borough on every day of the week, provided that the provisions of this subsection shall not apply to a minor when accompanied by his parent, guardian or other adult person having custody, care and control of the minor, or in the event the minor is upon an emergency, errand or legitimate business directed or consented to by his parent, guardian or other adult person having care and custody of the minor.
b. 
Responsibilities of Parents. It shall be unlawful for the parent, guardian or other adult person having the care or custody of a minor under the age of 18 years to permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds, public places, public buildings, church parking lots, places of amusement and entertainment, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle within the confines of the Borough, provided that the provisions of this section shall not apply to a minor accompanied by his parent, guardian or other adult person having the care or custody of the minor, or when the minor is upon an emergency, errand or legitimate business directed by his parent, guardian or other adult person having the care and custody of the minor.
c. 
Responsibilities of Owners of Certain Establishments. It shall be unlawful for any owner or operator of any establishment as set forth in subsection 3-15.4.a to permit a person to loiter, idle, wander, stroll or play in or remain in or be upon the public streets and other places as set forth in subsections 3-15.4.a and 3-15.4.b subject to the provisions contained herein.
d. 
Exceptions. The provisions of this subsection shall not apply to any minor under the age of 18 years who is gainfully employed, who is a bona fide student of a school of evening instruction; who is in attendance at a function sponsored by a religious or school organization; or who is in attendance at a properly supervised recreation program during the time that is necessarily required to travel between such minor's residence and the place of assembly.
e. 
Emergencies. If an emergency arises which necessitates a minor under the age of 18 years to be dispatched upon an errand requiring his presence upon any street or other public place or area open to the public during the hours to which the use thereof by such attended minor child is prohibited by this subsection, such child shall have in his possession a note or message, in writing by the person of his household over the age of 21 years, stating the nature of the errand, the necessity thereof, and the place or destination at which the mission thereof, and the place or destination at which the mission is to be accomplished, the time such message was executed, and the approximate time required for the errand. The Borough Police shall verify said emergency with the parent or guardian, after the person under the age of 18 years has accomplished the emergency, where a life threatening situation is involved. Any abuse of this subsection shall constitute a violation of this subsection.
f. 
Enforcement.
1. 
Procedure. The Police Officers of the Borough, or any other authorized or constituted persons charged with law enforcement within the Borough, shall be the persons authorized to find any minor under the age of 18 years upon any other streets or other public places enumerated above and to take the name and address of such minor and the name and address of the parents, guardian or other adult person having the legal care or custody of the child. The authorized person shall immediately escort such minor to his home and report the name of the minor and of his parents, guardian or other person having the legal care or custody to the Borough Police who shall sign a complaint for the violation of this subsection in all cases where it reasonably appears from the facts that a violation has occurred.
2. 
Violations. Violation of the provisions of this subsection by either a minor child under the age of 18 years or by any parent, legal guardian or otherwise duly authorized and accredited custodian or operator of a business establishment, the Borough Police, or authorized officer or official charged with law enforcement within the Borough, shall cause an appropriate summons to be issued calling for the appearance of the minor child and other persons who appear to have either legal or moral responsibility for the care and welfare of such child and any of the persons in any other categories specified in this section.
g. 
Violations and Penalties. Any person under the age of 18 years who violates any of the provisions of this subsection shall, upon conviction thereof, be subject to a fine not exceeding $500 which fine is to be paid by the parent or guardian of that person under the age of 18 years. After the third violation of the provisions of this chapter, there shall be community service imposed upon the parent or guardian of that person under the age of 18 years, which community service shall be determined by the Municipal Judge.
[1975 Code § 87-5; Ord. No. 02-87]
The parent of any minor who shall have committed a violation of the public peace as herein defined shall be liable for property damage sustained by any third party, including the Borough of Allentown, occasioned directly or indirectly by the violation of the public peace. Civil damages hereunder can be recovered by the party who suffered the damages in any court of competent jurisdiction.
[1975 Code § 87-7; Ord. No. 02-87; New]
Any parent who shall violate the terms of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 87-8; Ord. No. 02-87]
The remedy provisions of this section shall be cumulative, not exclusive, and the State or any other persons shall have the right to proceed under any other legally available remedies.
[1975 Code § 85-1; Ord. No. 01-84; New]
No person shall smoke or carry a lighted cigar, cigarette or pipe, or use any match, spark, flame or fire-producing device for the purpose of igniting any cigar, cigarette or pipe, provided that a "Smoking Prohibited By Law" sign has been posted conspicuously therein, according to State Statute.
a. 
Municipal Building. During and within the confines of any public meeting required by law to be given public notice and held in any meeting room in the Municipal Building of the Borough.
b. 
Any room, chamber or enclosed place of a meeting or public assembly wherein public business is being conducted and which is open to member of the general public either as participants or spectators.
c. 
Public Conveyances. Buses or other public conveyances, except taxicabs.
d. 
Public Elevators. Elevators, regardless of capacity, in any place open to or used by the public.
[1975 Code § 85-2; Ord. No. 01-84; New]
a. 
No person shall smoke or carry a lighted cigar, cigarette or pipe, or use any match, spark, flame or fire-producing device for the purpose of igniting any cigar, cigarette or pipe, provided that a "Smoking Prohibited By Law" sign has been posted conspicuously therein, where the owner, tenant or other person, firm or corporation having control of the premises (hereafter "owner") has determined, subject to written and dated approval of the Chief of the Fire Department (or his designee) having jurisdiction, after a request for such approval by the owner, that a public fire safety hazard exists or may exist in any premises or portion of premises in any of the places not stipulated under State Statute.
b. 
The posting of signs and effectiveness of this section for any premises or portion of premises affected by this subsection shall occur on the tenth day next following the date of written Fire Department approval provided for above.
[1975 Code § 85-3; Ord. No. 01-84]
Every person having control of any premises upon which smoking is prohibited by this section shall conspicuously display upon the premises or portion of premises concerned sufficient signs reading "Smoking Prohibited By Law."
[1975 Code § 85-4; Ord. No. 01-84]
No person shall remove, deface or conceal any placard required or erected by or under the authority of this section.
[1975 Code § 85-5; Ord. No. 01-84; New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[New]
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2A:170-51. Substantial evidence exists that despite such law, minors continue to purchase and use tobacco products from retail over-the-counter sources and vending machines and no penalty has been imposed by the State Statute upon minors for the purchase of cigarettes. The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machine. The Borough is authorized to enact ordinances not contrary to the laws of this State or of the United States as it might deem necessary and proper for the protection of persons and for the preservation of the public health, safety, and welfare of the Borough and its inhabitants.
[New]
a. 
It shall be unlawful to sell tobacco to a person under 18 years of age.
b. 
Not less than an eight inch by 10 inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products containing the following language.
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with State and local ordinances.
[New]
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some conclusive basis for determining the buyer is over the age of 18 years.
[New]
It shall be unlawful for a retailer to offer for sale or to sell tobacco through a vending machine in the Borough of Allentown.
[New]
a. 
Whenever a Police Officer reasonably believes there exists a violation of this section, he may issue a summons which shall state the nature of the violation.
b. 
A Police Officer, after giving proper identification may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
c. 
Citizens may bring complaints against violators of this section.
[New]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each sale of tobacco to a minor shall constitute a separate violation.
[New]
a. 
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life.
b. 
A substantial body of science and technology exists by which excessive sound may be substantially abated.
c. 
The people have a right to, and should be ensured an environment free from excessive sound.
d. 
It is the policy of the Borough Council to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
e. 
This section shall apply to the control of sound originating from stationary sources within the limits of the Borough.
[New]
As used in this section:
COMMERCIAL AREA
Shall mean a group of commercial facilities and the abutting public rights-of-way and public spaces.
COMMERCIAL FACILITY
Shall mean any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
a. 
Banking and other financial institutions;
b. 
Dining establishments;
c. 
Establishments for providing retail services;
d. 
Establishments for providing wholesale services;
e. 
Establishments for recreation and entertainment;
f. 
Office buildings;
g. 
Transportation;
h. 
Warehouses.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
DECIBEL (DB)
Shall mean the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound [20 micropascals]; abbreviated dB.
DEMOLITION
Shall mean any dismantling, intentional destruction, or removal of buildings or structures.
EMERGENCY WORK
Shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.
INDUSTRIAL FACILITY
Shall mean any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.
MOTOR VEHICLE
Shall mean any vehicle that is propelled or drawn on land by an engine or motor.
MUFFLER
Shall mean a sound dissipative device or system for abating the sound of escaping gasses of an internal combustion engineer.
MULTI-DWELLING-UNIT BUILDING
Shall mean any building wherein there are two or more dwelling units.
NOISE
Shall mean any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the State or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
Shall mean the Allentown Borough Zoning Officer who shall be designated as the official liaison with all municipal departments and shall be empowered to grant permits for variations in accordance with provisions of subsection 3-19.8.
NOISE CONTROL OFFICER
Shall mean officially designated officers of the Allentown Police Department or of the Monmouth County Department of Health, trained in the measurement of sound and empowered to issue a summons for violations of this ordinance.
NOISE DISTURBANCE
Shall mean any sound that (a) endangers the safety or health of any person, or (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property.
PERSON
Shall mean any individual, corporation, company, association, society, firm, partnership, joint stock company, the State or any political subdivision, agency or instrumentality of the State.
PUBLIC RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, road, highway, sidewalk or alley that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Shall mean any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Shall mean either (a) the imaginary line including its vertical extension that separates one parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.
RESIDENTIAL AREA
Shall mean a group of residential properties and the abutting public rights-of-way and public spaces.
Residential property shall mean property used for human habitation, including but not limited to:
1. 
Private property used for human habitation;
2. 
Commercial living accommodations and commercial property used for human habitation;
3. 
Recreational and entertainment property used for human habitation;
4. 
Community service property used for human habitation.
SOUND LEVEL
Shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.
SOUND LEVEL METER
Shall mean an instrument used to measure sound level and conforms to Type 1 or Type 2 standards as specified by ANSI specifications S1.4-1971.
WEEKDAY
Shall mean any day, Monday through Friday, that is not a legal holiday.
[New]
a. 
The provisions of this section shall be enforced by the Noise Control Officers.
b. 
The Noise Control Administrator shall have the power to:
1. 
Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable;
2. 
Review the actions of other municipal departments and advise such departments of the effect, if any, of such actions on noise control;
3. 
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this section.
4. 
Grant permits for variations according to the provisions of subsection 3-19.8, provided the variations are consistent with regulations concerning noise control promulgated by the New Jersey Department of Environmental Protection, N.J.A.C. 7:29.
c. 
A person shall be qualified to be a Noise Control Officer if the person has satisfactorily completed any of the following:
1. 
"Community Noise—A Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or
2. 
A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control to its employees; or
3. 
Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of subparagraphs 1 or 2 of this subsection.
d. 
Noise measurements made by Noise Control Officers shall be taken according to procedures specified by N.J.A.C. 7:29B, except as provided in subsection 3-19.5.
[New]
a. 
All departments and agencies of the Borough shall carry out their programs according to law and shall cooperate with the Noise Control Administrator in the implementation and enforcement of this section.
b. 
All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the Noise Control Administrator prior to the approval of such projects to insure that such activities comply with the provisions of this section.
[New]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I when measured at or within the real property line of the receiving property at a point closest to the origin of the sound.
TABLE I. Maximum Permissible Sound Levels by Receiving Property Category, in dBA
Sound Source Property Category
Receiving Property Category
Residential
Commercial
Industry
7 a.m. - 10 p.m.
10 p.m. - 7 a.m.
All times
All times
Any location within a multi-dwelling-unit building
55
50
65
75
Residential
55
50
65
75
Commercial or public spaces or right-of-way
65
50
65
75
Industrial
65
50
65
75
b. 
The following are exempt from the sound level limits of Table I:
1. 
Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m., on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property:
2. 
Sound from church bells and church chimes when a part of a religious observance or service;
3. 
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in subsection 3-19.6b.
4. 
Noise from snowblowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.
5. 
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29.
6. 
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
[New]
The following prohibited acts are not governed by the sound levels listed in the preceding Table. (Table I)
a. 
No person shall cause, suffer, allow, or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the enforcement of this section.
b. 
No person shall cause, suffer, allow or permit the following acts:
1. 
Sound Reproduction Systems: Operating, playing, or permitting the operation or playing of any radio, television, phonograph, or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device.
2. 
Loudspeakers and Public Address Systems: Using or operating of any loudspeaker, public address system or similar device on a public right-of-way.
3. 
Animals and Birds:[1]
(a) 
Owning, possessing, or harboring any pet animal or pet bird that frequently or for continued duration, makes sounds that create a noise disturbance across a residential real property line.
(b) 
For the purpose of this section only, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes. The noise disturbance shall be actionable only upon the filing of noise disturbance complaints by at least three residents of properties in close proximity to the property containing the barking dog. At least two of these complaints must have come from separate properties.
(c) 
It shall be an affirmative defense to this subsection that a continually or intermittently barking dog was provoked.
[1]
Editor's Note: See subsection 5-2.2, Disturbing Noises by Dogs.
4. 
Loading and Unloading: Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 p.m. and 7:00 a.m. when the sound therefrom creates a noise disturbance across a residential real property line.
5. 
Standing Motor Vehicles: Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle, for a period of longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet [46 meters] of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
6. 
Construction and Demolition: Operating or permitting the operation of any tool or equipment used in construction, drilling, earthmoving, excavation, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided such equipment is equipped with a functioning muffler except for (a) emergency work, (b) by variance issued pursuant to subsection 3-19.8, or (c) when the sound level does not exceed any applicable limit specified in Table I.
[New]
a. 
The provisions of this section shall not apply to:
1. 
The emission of sound for the purpose of alerting persons to the existence of an emergency except as provided in subsection 3-19.5b,5 or 3-19.5b,6.
2. 
The emission of sound in the performance of emergency work; or
3. 
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
b. 
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.
[New]
a. 
Any person who owns or operates any stationary noise source may apply to the Noise Control Administrator for a variation from one or more of the provisions of this section. Applications for a permit of variation shall supply information including, but not limited to:
1. 
The nature and location of the noise source for which such application is made;
2. 
The reason for which the permit of variation is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of variation is not granted;
3. 
The nature, intensity and times of day of noise that will occur during the period of the variation;
4. 
The subsection or subsections of this section for which the permit of variation shall apply;
5. 
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom; and
6. 
A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this section within a reasonable time.
b. 
Failure to supply the information required by the Noise Control Administrator shall be cause for rejection of the application.
c. 
A copy of the permit of variation must be kept on file by the Borough Clerk for public inspection.
d. 
The Noise Control Administrator may charge the applicant a fee of $50 to cover expenses resulting from the processing of the permit of variation application.
e. 
The Noise Control Administrator may, at his/her discretion, limit the duration of the permit of variation, which shall be no longer than one year. Any person holding a permit of variation and requesting an extension of time shall apply for a new permit of variation under the provisions of this subsection.
f. 
No variation shall be approved unless the applicant presents adequate proof that:
1. 
Noise levels occurring during the period of the variation will not constitute a danger to public health; and
2. 
Compliance with this section would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefits to the public.
g. 
In making the determination on granting a variation, the Noise Control Administrator shall consider:
1. 
The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused.
2. 
The social and economic value of the activity for which the variation is sought.
3. 
The ability of the applicant to apply best practical noise control measures.
4. 
The approval of the application for variation by the Chief of Police and Borough Council.
h. 
The permit of variation may be revoked by the Noise Control Administrator if the terms of the permit of variation are violated.
i. 
A variation may be revoked by the Noise Control Administrator if there is:
1. 
Violation of one or more conditions of the variation;
2. 
Material misrepresentation of fact in the variation application; or
3. 
Material change in any of the circumstances relied upon by the Noise Control Administrator in granting the variation.
[New]
a. 
Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the Noise Control Officer according to procedures set forth in this section.
b. 
Abatement Orders.
1. 
Except as provided in subparagraph 2 below, in lieu of issuing a summons as provided in paragraph a., the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to the guidelines which the Noise Control Officer may prescribe.
2. 
An abatement order shall not be issued:
(a) 
If any person willfully or knowingly violates any provision of this section; or
(b) 
If the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.
c. 
Penalties.
1. 
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 06-2017]
Any person or organization desiring to hold any concert, race, walkathon, fair, carnival, festival, celebration, show, party, or other similar event in or upon any public grounds, park, street or roadway of the Borough must first apply for and obtain a permit from the Borough Clerk in accordance with the requirements of subsection 3-20.2 hereof. A "special event" is defined as any concert, race, walkathon, fair, carnival, festival, celebration, show, party or other similar event, which is likely to require any of the following accommodations:
a. 
The expenditure of Borough resources in the form of Police Department and/or Department of Public Works salaries, wages or other expense.
b. 
Closing of a public street.
c. 
The blocking or restriction of public property;
d. 
The sale of merchandise, food, or beverages on public property.
e. 
The installation of a stage, bandshell, trailer, van, portable building, grandstand or bleachers on public property.
f. 
Utilization of portable toilets.
g. 
Placement of temporary no parking signs on a public right-of-way.
[Ord. No. 06-2017]
A person or organization seeking issuance of a permit hereunder shall file the application with the Borough Clerk on form(s) to be provided by the Clerk for that purpose, on which form the applicant shall furnish the following information:
a. 
The name, address and telephone number of the applicant.
b. 
The name, address and telephone number of the person, persons, corporation or association sponsoring the activity.
c. 
A detailed description of the proposed event and a sketch that would show the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a footprint.
d. 
The date(s) and hour(s) for which the permit is desired.
e. 
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security and traffic control.
f. 
The number of contestants, participants, spectators and/or other people that could reasonably be anticipated to attend the event.
g. 
A detailed description of the Borough resources or services that will be required to be provided in connection with the event.
h. 
Any other information which the Borough Clerk shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
A person or organization seeking issuance of a permit hereunder for Special Events that are expected to last less than three hours in duration may file an abbreviated application with the Borough Clerk on form(s) to be provided by the Clerk for that purpose.
[Ord. No. 06-2017]
The Borough Clerk shall forward all applications for special events permits to the Buildings and Grounds Committee, whose responsibility it shall be to review such applications with the appropriate Borough officials and departments, as applicable. Upon the completion of the Buildings and Grounds Committee's review, the application and recommendation of the Committee shall be presented to the Mayor and Council at their next regularly scheduled meeting. The Mayor Council shall make the final determination, by resolution adopted by majority vote, whether to issue a permit for a special event, and shall set forth in the resolution such conditions and restrictions as may be reasonably necessary to ensure that the standards in subsection 3-20.4 hereof are satisfied.
[Ord. No. 06-2017]
The standards for the issuance of a permit pursuant to this section shall include the following findings:
a. 
That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of the public park, beach or roadway to be utilized.
b. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.
c. 
That the proposed activity or uses that are reasonably anticipated will not be likely to include violence, crime or disorderly conduct.
d. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
e. 
A deposit of at least 50% of the estimated costs shall be paid not less than five days before the event. All or part of the required fees may be waived by the Mayor and Council.
f. 
That a block party, or any similar event by whatever name employed, is only open to the residents of a block or neighborhood and their invited guests, and where the purpose of the event is to promote a sense of community among the residents of a block or neighborhood. As part of the application for a block party, the organizers shall: provide a signature list with names and addresses of at least 50% of the properties in the block/neighborhood affected by the event supporting the application; and provide a means of alternate ingress and egress for neighbors not participating in the block party; and if approved a plan to provide sufficient advanced notice to neighboring blocks, and where all other requirements of this section have been met subject to the review and approval of the Buildings and Grounds Committee and the Borough Council.
[Ord. No. 06-2017]
a. 
A permittee shall be bound by all applicable Borough ordinances, rules and regulations, except as expressly set forth in the resolution. The person or persons to whom the permit is issued shall be liable for all loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The permittee shall submit to the Borough Clerk prior to the event evidence of liability insurance in an amount required by the Borough Council, naming the Borough as an additional insured. The permittee shall be responsible for all additional costs incurred in the event that, as a result of this activity, additional resources are needed, such as but not limited to, manpower and/or equipment.
b. 
The Officer-In-Charge of the Police Department shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
c. 
A person commits an offense if he or she:
1. 
Commences or conducts an event without a permit; or
2. 
Fails to comply with any requirement or provision of an event permit of this chapter.
d. 
Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued. Each offense shall be punishable by a fine not to exceed $500.
e. 
The Mayor and Council may by majority vote waive the requirements of this section. All Borough-sponsored events shall be exempt from this section.
[1975 Code § 81-1; Ord. No. 014-88]
No person shall urinate or defecate in any street or public place or park within the Borough.
[1975 Code § 81-2; Ord. No. 014-88]
Any person who shall consume alcoholic beverages while in or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance, or while in a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot, or while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission, and any person who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his own without the express permission of the owner, is a disorderly person.
[1975 Code § 81-3; Ord. No. 014-88]
No person shall have in his possession any open bottle or other container containing liquor, wine, beer or any other alcoholic beverages while on any public highway, public street, public sidewalk, public parking lot or lot, playground, park or other property owned by, belonging to or over which the Borough has control or in any vehicle or any public place in the Borough, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
[1975 Code § 81-4; Ord. No. 014-88]
Any officer or member of the Police Department shall have the power and authority to arrest, without warrant, any person found by him violating any of the provisions of this section.
[1975 Code § 81-5; Ord. No. 014-88]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
See also subsection 3-15.4, Loitering — Persons under 18 Years of Age.
[1975 Code § 80-1]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly.
PARENT OR GUARDIAN
Shall mean any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access, and includes any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section or, in the case of a minor, not owned by or under the control of his parent or guardian.
[1975 Code § 80-2]
No person shall loiter in a public place in such manner as to:
a. 
Create or cause to be created a danger of 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 3-24.1. 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.
[1975 Code § 80-3]
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 3-24.2, 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.
[1975 Code § 80-4]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
[1975 Code § 80-5]
Whenever any minor under the age of 18 years is charged with a violation of this section, his parents or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
[1975 Code § 80-6; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 85A-1; Ord. No. 01-89]
No person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age or who is in business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs shall display or permit to be displayed at his business premises any obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display. For the purpose of this section, "obscene material" means any description, narrative, account, display or depiction of sexual activity or anatomical area contained in, or consisting of a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details:
a. 
Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals.
b. 
Lacks serious literary, artistic, political or scientific value when taken as a whole.
c. 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
[1975 Code § 85A-2; Ord. No. 01-89; New]
Any person who violates the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 78-1; Ord. No. 010-77]
As used in this section:
FOOTCANDLE
Shall mean the amount of light from one candle at one foot from the source of the light.
GLARE
Shall mean any artificial light which shines with a strong, steady or dazzling light.
LAND
Shall be comprehensive of not only buildings but the ground, soil or earth as commonly understood.
STRUCTURE
Shall mean a dwelling, barn, pole or elevated object, or a building or other structured improvement on any premises, of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical, gas or other luminescent fixtures.
[1975 Code § 78-2; Ord. No. 010-77]
a. 
No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring properties or as to interfere with the physical comfort of the occupants of neighboring properties.
b. 
Lights directly facing a neighboring property shall be shielded.
c. 
No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on neighboring property.
d. 
In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.
e. 
The light intensity from illumination of any kind at any given location along the property line from which the light originates shall not exceed five footcandles.
[1975 Code § 78-3; Ord. No. 010-77]
This section is enacted pursuant to the authority given any municipality of this State to enact ordinances which the Governing Body deems necessary and proper for the good government, order of protection of persons and property and for the preservation of the public health, safety and welfare of the Borough and its inhabitants.
[1975 Code § 78-4; Ord. No. 010-77; New]
Any person responsible for such nuisance or annoying lighting as described hereinabove, whether owner, lessee or lessees or others using any premises with or without the permission of the owner, violating any of the provisions of this section shall, upon conviction thereof, a complaint having been made, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 04-98 §§ 1, 2]
a. 
Charitable organizations as defined in N.J.S.A. 45:17A-20, are hereby authorized to solicit contributions on roadways other than interstate highways or toll roads in the Borough of Allentown upon written request to the Mayor and Council of the Borough of Allentown and subject to their approval and the approval of the Borough of Allentown Police Department.
b. 
In accordance with Public Law 1997, Chapter 82 of the State of New Jersey, approval of Monmouth County Board of Chosen Freeholders is also required before funds may be solicited on any County road or intersection and approval of the New Jersey Commissioner of Transportation is required before funds may be solicited on any State highway or intersection.
[Ord. No. 01-2000]
In accordance with and pursuant to the authority of P.L. 1999 Ch. 185 the following is a list of school crossings that have been so designated by the Borough of Allentown.
a. 
North Main and Church Street
b. 
High Street and South Main
c. 
High Street mid block in front of Elementary School
[Ord. No. 01-2000]
The Drunk Driving Free School Zones Map produced on or about February 22, 2000 by Killam Assoc., the Borough 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 any elementary or secondary school on school land and of the areas on or within 1,000 feet of such property.
[1]
Editor's Note: The map referred to herein is included as an attachment to this chapter.
[Ord. No. 01-2000]
The Drunk Driving Free School Zones Map approved and adopted pursuant to subsection 3-30.2 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 of school property and drunk driving free school zones.
The list of school crossings designated above by the Borough Council shall continue to constitute an official find and record of the location of school crossing zones within the Borough of Allentown until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in Allentown Borough.
[Ord. No. 01-2000]
The school board, or 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 office of the Borough Engineer and the Borough 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 which is used for school purposes or of any additions or deletions to school crossings.
[Ord. No. 01-2000]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-30.2 and the list of school crossings 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 list and of this section shall be provided without cost to the Monmouth County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. No. 01-2000]
The following additional matters are hereby determined, declared and recited and stated:
It is understood that the map and list approved and adopted pursuant to this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this State and that, pursuant to State law, such map and list shall constitute prima facie evidence of the following:
a. 
The location of elementary and secondary schools within the municipality.
b. 
The boundaries of the real property which is owned by or leased to such schools or a school board.
c. 
That such school property is and continues to be used for school purposes.
d. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
e. 
The location of all school crossings in the Borough of Allentown.
[Ord. No. 09-2005 § 1]
a. 
No person over the age of 18, who has been convicted of any crime against a minor as listed in 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 (1) a 2,500 foot radius of any school, or daycare center or (2) within a 1,000 foot radius of any park or playground located within the Borough of Allentown.
b. 
A person who is subject to the provisions of Section 3-31a of this section and who resides or lives within a (1) a 2,500 foot radius of any school or daycare center or (2) within a 1,000 foot radius of any park or playground located within the Borough of Allentown shall have 60 days from receipt of written notice of the prohibitions set forth herein to relocate their residence. Failure to move to a location which is in compliance with this Section 3-31 within the time period prescribed, shall constitute a violation of this section.
c. 
This Section 3-31 shall not apply to a person who has established a residence prior to September 1, 2005.
d. 
Any violation of this Section 3-31 shall be punishable by a fine not exceeding $1,200 and/or imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.