[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.
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.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
Hall mean all streets, sidewalks, boulevards, alleys, beaches,
or other public ways, and all public parks, squares, spaces, docks,
grounds and buildings.
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.
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]
[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]
[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:
Shall mean and include pellet guns, BB guns and air guns.
[1975 Code § 91-4; Ord. No. 020-81; New]
[1975 Code § 49-1; Ord. No. 08-2005 § 1]
As used in this section:
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.
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:
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]
[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:
Shall mean any real property within the Borough which is
not a street or highway.
Shall mean the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to the
use of the public for the purposes of vehicular travel.
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]
[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:
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).
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.
Shall mean the Borough of Allentown.
Shall mean any vehicle other than that as defined as an "automobile"
pursuant to the definitions as contained in this chapter.
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles, and that is secured by a locking device on each
opening.
Shall mean 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.
Shall mean a person who is in physical control of a vehicle.
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.
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."
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.
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.
Shall mean the operator's principal place of business, where
the tow vehicle is stationed when not in use.
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.
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;
amended 7-6-2021 by Ord. No. 06-2021]
As used in this section:
Shall mean any person under the age of 18 years.
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.
Shall mean:
Defacing, damaging or destroying public property or the private
property of another within the Borough.
Committing an assault or aggravated assault upon another in
the Borough.
Consuming or the possession of alcoholic beverages or cannabis
items or dangerous controlled drugs in a public place in the Borough.
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]
[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]
[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]
[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:
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
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.
CONSTRUCTION
DECIBEL (DB)
DEMOLITION
EMERGENCY WORK
INDUSTRIAL FACILITY
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
NOISE
NOISE CONTROL ADMINISTRATOR
NOISE CONTROL OFFICER
NOISE DISTURBANCE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
SOUND LEVEL
SOUND LEVEL METER
WEEKDAY
Warehouses.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
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.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
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.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipative device or system for abating
the sound of escaping gasses of an internal combustion engineer.
Shall mean any building wherein there are two or more dwelling
units.
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.
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.
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.
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.
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.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk or alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
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.
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:
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
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.
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.
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.
[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.
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:
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:
[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.
[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.
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]
See also subsection 3-15.4, Loitering — Persons under 18 Years of Age.
[1975 Code § 80-1]
As used in this section:
Shall mean remaining idle in essentially one location, and
includes the concepts of spending time idly, loafing or walking about
aimlessly.
Shall mean any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
Shall mean any place to which the public has access, and
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]
[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]
[1975 Code § 78-1; Ord. No. 010-77]
As used in this section:
Shall mean the amount of light from one candle at one foot
from the source of the light.
Shall mean any artificial light which shines with a strong,
steady or dazzling light.
Shall be comprehensive of not only buildings but the ground,
soil or earth as commonly understood.
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.
[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.
