Township of West Orange, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: The general power to adopt local Police ordinances of all kinds is contained in N.J.S.A. 40:69A-29, 30. This general grant of power is in addition and supplementary to any other powers conferred by general law.
[1]
Editor's Note: For regulations pertaining to reimbursement for the cost of specialized equipment used in the case of a hazardous material fire, leakage or spillage, see Section 4-21, Reimbursement of Costs Required for Hazardous Materials Clean Up.
[1972 Code § 5-1; Ord. No. 761-84 § 1; Ord. No. 911-88 § 1; Ord. No. 933-88 § 1; Ord. No. 1779-01 §§ II, III]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HAZARDOUS WASTE
Is any radioactive material or the derivative or by-product of any radioactive material or toxic material or any substance contaminated with radioactive material or the derivative or by-product of radioactive material, or toxic material.
LITTER
Shall mean waste generated by a pedestrian or passerby or customer as a result of consuming a product in a public area, opening a product which produces wrappers or packaging, disposal of tobacco products and similar waste. Litter also includes sidewalk and street sweepings.
LITTER RECEPTACLE
Shall mean any container designated for the depositing of litter.
PUBLIC PLACE
Is any and all streets, boulevards, alleys, beaches or public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1972 Code § 5-1.1; Ord. No. 1779-01 § IV]
a. 
No owner, tenant, lessee, occupant, employee or person may permit items to be deposited in the Township litter receptacles that are private source waste generated within a household, business, commercial or industrial establishment.
b. 
No person shall permit any hazardous or toxic material to be deposited in any litter receptacle, municipal waste collection, or on any public street, sidewalk, park, playground, waterway, public property or any private property within the Township.
c. 
No person shall permit any litter, garbage, refuse or rubbish to be deposited or accumulate on any public street, sidewalk, park, playground, waterway, public property or any private property within the Township.
[1972 Code § 5-1.3; Ord. No. 1779-01 § V; Ord. No. 2554-18]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter or other public place within the Township the accumulation of litter, garbage, grass, refuse or rubbish from any block or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter, garbage, grass, refuse and rubbish.
[1972 Code § 5-1.4; Ord. No. 1779-01 § VI]
No person, while a driver or a passenger in any vehicle shall throw or deposit litter or any item or material of any kind onto any public place in/or private property within the Township.
[1972 Code § 5-1.5; Ord. No. 761-84 § 2; Ord. No. 1779-01 § VII]
No person shall bring, cart, remove, transport or collect any litter, garbage, refuse, rubbish or hazardous waste from outside of the Township for the purpose of dumping or disposing thereof. In addition, no person shall cart, remove, transport or collect any hazardous waste from one or more areas of the Township for the purpose of dumping or disposing in another area or areas of the Township. No vehicle or storage device containing litter or hazardous wastes, which has been transported into the Township, shall be parked or allowed to remain standing on any street in the Township or on any public property for a period in excess of one hour.
[1972 Code § 5-1.6; Ord. No. 911-88 § 1; Ord. No. 1779-01 § VIII]
a. 
Disturbing Contents of Rubbish Receptacles. The contents of barrels, boxes or other receptacles for rubbish and ashes, when on a street, shall not be rifled or disturbed except by the owner thereof, or some person lawfully engaged in the business of scavenger.
b. 
Damaging Receptacles. It shall be unlawful to damage or attempt to damage any receptacle for paper or rubbish which is placed on a street for the use of the public.
c. 
Use of Litter Receptacles. Litter and their servicing receptacles, as approved by the Township, are required at the following public places which exist in the Township, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and bus stations, parks, drive-in restaurants, take-out restaurants, all street vendor locations, self-service refreshment areas, construction sites, gasoline service station islands, shopping centers, parking lots, bathing areas and special events to which the public is invited, including sporting events, parades, carnivals, circuses, theater events, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available. Privately owned litter receptacles shall be placed in the interior of a commercial establishment or in a private parking or sidewalk area. Only Township receptacles are permitted on the public sidewalk or street.
[1972 Code § 5-1.7]
a. 
Anyone found guilty of violating any provision of this section shall, for each and every violation, be liable, upon conviction, to a fine in the minimum amount of $100 and shall also be liable to the maximum penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: For regulations concerning the removal of snow and ice from sidewalks, clearing of sidewalks and parking lots, obstruction of streets and sidewalks, placement of trees, shrubs and poles, and line of sight obstructions see Chapter 20, Streets and Sidewalks.
[1972 Code § 5-5.1]
It shall be the duty of any owner, tenant or person in possession of any plot of land, lot, street, right-of-way, sidewalk or parking area, to keep such places free of brush, weeds, ragweed, poison ivy, weeds, dead and dying trees, stumps, roots, obnoxious and other poisonous growths, filth, garbage, trash and debris, where the same is inimical to the preservation of public health, safety or general welfare of the Township or which may constitute a fire hazard, and which is hereby declared a nuisance.
[1972 Code § 5-5.2]
Whenever the Director of Health and Welfare shall deem it necessary and expedient for the preservation of the public health, safety, general welfare, or the elimination of a fire hazard, or on investigation of a complaint of any resident, officer or employee of the Township; he or she shall order the owner, tenant or person in possession of any lands on which a nuisance under this section is found to exist, to remove same within 10 days of the day of the notice, or to cause the removal thereof if the order is not complied with.
[1972 Code § 5-5.3]
In the event the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within 10 days after receipt of notice, the Director of Health and Welfare shall cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Township Council who shall examine the certificate and, if found correct, cause the cost as shown thereon to be charged against the lands. The amount charged shall become a lien upon these lands and shall be added to and become a part of the taxes to be assessed upon such lands, to bear interest at the same rate as taxes, which shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 1255-94 § 1; Ord. No. 1528-98 § 1; Ord. No. 1659-99 § 1]
As used in this section:
DEFACE
Shall mean to cover, mark, write on, paint, color or otherwise mar, disfigure or draw in any manner whatsoever, on any private or public property of any nature, without the express consent of the owner.
GRAFFITI
Shall mean any form of painting, writing, marking, inscription, etching, scratching, or drawing, regardless of the nature of its contents or the materials used, applied or affixed on any property, building, structure, fixture or other improvement, on lawns, streets, sidewalks, parking lots, or on vehicles, whether private or public, without the consent of the owner of the property or the owner's authorized agent.
INDELIBLE MARKING MATERIAL
Shall mean any paint, dye, ink, or other coloring agent of any type or kind which is not water soluble, or whether water soluble or not, is not easily removed by spraying of water from an ordinary garden hose.
[Ord. No. 1255-94 § 2; Ord. No. 1528-98 § 2; Ord. No. 1659-99 § 1]
a. 
No person shall willfully or knowingly deface or apply graffiti to any public or private property without the express consent of the owner or the owner's agent having control of said property.
b. 
No person shall sell any indelible marking material contained in a spray device, whether mechanical or under pressure, or any combination thereof, to any minor.
c. 
No person shall possess indelible marking material with the intent to use same to deface or apply graffiti to property not owned by them without the express consent of the owner or the owner's agent having control of said property. Any person possessing indelible marking material on public property, or on private property not owned by that person or one or more members of his or her immediate family, with no legitimate, lawful purpose for possessing such indelible marking material, shall be presumed to possess same with the intent to use it to deface or apply graffiti to property not owned by them and without the owner's permission, which presumption may be rebuttable.
[Ord. No. 1255-94 § 3; Ord. No. 1528-98 § 3]
Any person who violates any of the provisions of this section shall, upon conviction, be subject to imprisonment not exceeding 90 days and/or a fine of not less than $500 nor more than $1,000. As a condition of sentencing, the Municipal Court shall order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged and/or that the offender make the necessary restitution to pay for the cost of restoring the damaged property to its original condition and/or an appropriate term of community service.
[Ord. No. 1255-94 § 4; Ord. No. 1528-98 § 4]
If, at the time of the offense charged any person or persons shall be under the age of 18 years the Juvenile and Domestic Relations Court shall have exclusive jurisdiction of the trial of such person.
[Ord. No. 1255-94 § 5; Ord. No. 1528-98 § 5]
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of a person under 18 years of age who fails or neglects to exercise reasonable supervision and control of such person, shall be liable in a civil action for any damage caused by such person in violation of this section.
[Ord. No. 1255-94 § 6; Ord. No. 1528-98 § 6]
Upon the written recommendation of the Chief of Police the Mayor may authorize payment of a reward of $250 to any person who provides information or assistance leading to the apprehension and conviction of any person violating this section. Funds shall be placed in the municipal operating budget for this purpose. No reward may be paid to any public employee whose duty it is to investigate or enforce this section.
[Ord. No. 1528-98 § 7]
a. 
Notwithstanding any other provision of this section the owner of any public or private property that has been defaced, damaged or vandalized by graffiti shall, within 72 hours of receiving written notice to do so by the Police Department and/or Planning Department clean, repair, paint or otherwise restore the damaged property to the condition it was in prior thereto. All Township employees have the obligation to report to the Police Department the existence of any graffiti.
b. 
If after receiving the appropriate written notice the owner of any public or private property fails to comply therewith the Township may restore the damaged property to its prior condition and impress the property with a lien for the costs of doing so.
c. 
The duties imposed by this section shall be in addition to any obligations imposed on the owner by the Township's Property Maintenance Code or State and Federal law.
[1972 Code § 5-10.1; Ord. No. 1164-93 § 1]
It shall be unlawful for any person to make, continue or cause to be made or continued or to allow any excessively loud and disturbing noise which injures or endangers the health, comfort or safety of others within the limits of the Township.
[1972 Code § 5-10.2; Ord. No. 1164-93 § 1; Ord. No. 1766-01 §§ 1, 2; Ord. No. 2157-07 § II; Ord. No. 2483-16]
The following activities are hereby declared to be examples of noises which are subject to the provisions of this section:
a. 
Radios; Television; Phonographs. The using, operating, or permitting to be played, used or operated, of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the health or comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
Loudspeakers for Advertising. The using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising.
c. 
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 p.m. and 7:00 a.m. so as to disturb the comfort or repose of persons in any residential dwelling.
d. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or the internal combustion engine of a leaf blower, power hedge trimmer or power lawn mower, except through a properly functioning muffler or other device which will effectively prevent explosive or excessively loud noises therefrom.
e. 
Loading; Unloading; Emptying Containers. The creation of loud and disturbing noise in connection with loading or unloading any vehicle or the opening, emptying or destroying of bales, boxes, crates, garbage cans or other containers between the hours of 9:00 p.m. and 6:30 a.m.
f. 
Construction; Repair; Maintenance. Unless otherwise allowed for herein excavation, demolition, construction, repair or alteration work ("construction activities") shall only be permitted at the site of any residential or commercial property or on any vacant land other than between the hours of 7:30 a.m. and 7:00 p.m. from Monday through Friday or between the hours of 8:00 a.m. and 7:00 p.m. on Saturday. In addition, no heavy equipment related to construction activities shall be permitted to arrive at or depart from any residential or commercial property or any vacant land prior to 7:30 a.m. or after 7:00 p.m. Monday through Friday and prior to 8:00 a.m. or after 5:00 p.m. on Saturdays and prior to 9:00 a.m. or after 5:00 p.m. on Sundays. Further, no persons, other than security personnel, are permitted to be at the site of any residential or commercial property or on any vacant land during the hours when delivery, removal or operation of heavy equipment is prohibited. Notwithstanding the foregoing, the owner or occupant of a single-, two- or three-family residential dwelling (but expressly excluding (i) the construction of a new residence or a development; or (ii) construction, repairs and/or alterations which require a new certificate of occupancy) can engage in construction, repairs and/or alterations to their residence on Sundays between 9:00 a.m. and 6:00 p.m.
In addition, no person shall operate pile driver, steam shovel, bulldozer or other earth moving machinery, pneumatic hammer, hammer, derrick, steam or electric hoist or similar machinery and equipment at any residential or commercial property or any vacant land except between the hours of 7:30 a.m. and 7:00 p.m. Monday through Friday or between the hours of 8:00 a.m. and 7:00 p.m. on Saturday.
Moreover, no person shall operate a leaf blower, chain saw, power saw, power hedge trimmer or power lawn mower except in accordance with the following schedule for hours and days of use:
1. 
On weekdays between 7:30 a.m. and 7:00 p.m.;
2. 
On Saturdays between 8:00 a.m. and 5:00 p.m., except that when used by an occupant or owner of the premises between 8:00 a.m. and 7:00 p.m.;
3. 
On Sundays between 9:00 a.m. and 5:00 p.m., except that when used by an occupant or owner of the premises between 9:00 a.m. and 6:00 p.m.
g. 
The provisions of Ordinance 2156-07 shall apply in full force and effect.[1]
[1]
Editor's Note: Ordinance No. 2156-07, Idling of Diesel and Gasoline Powered Motor Vehicles, is codified as Section 4-36 of these Revised General Ordinances.
h. 
Notwithstanding the provisions herein, any emergency repair may occur which is required for the health, safety or habitability of the property as may be determined by the Construction Official.
i. 
Noise Near Schools, Courts, Churches or Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, court or hospital, while such institution is in use and which interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital provided that conspicuous signs are displayed in such streets indicating that the same is a quiet area because of the presence of a school, church, court or hospital.
j. 
Air-Conditioning or Air-Cooling Units. The operation and use of any air-conditioning or air-cooling units or apparatus, including all noise continuous enough to be measured by a sound level meter, devices or appurtenances, but not limited to air-conditioning and air-cooling units, fans, blowers, and compressors, pool filters, machinery noise from industry, during the hours between 11:00 p.m. and 7:30 a.m., creating an audible noise which annoys or disturbs the quiet, comfort or repose of persons in any dwelling, hotel, apartment house or other type of residence located within a R-1, R-2, R-3, R-4, R-5, R-6, R-G or R-M Zone as defined in Chapter 25, Land Use Regulations, shall be deemed to be a nuisance and unlawful. Audible noise shall mean a noise intensity of over 40 decibels measured by a noise intensity measuring meter in the center of the room or place wherein the annoyance exists. The sound level meter shall conform to the applicable standard of the American Standard Institution, Incorporation, New York, New York.
k. 
Unreasonable Noise. Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities.
[Ord. No. 1164-93 § 2]
The provisions of this section shall not apply to:
a. 
Snow blowers or other snow removing equipment.
b. 
Any work or activity conducted by a public utility or governmental entity which is in the interest of the public health, safety or welfare.
c. 
Any work of an emergency nature.
[Ord. No. 1164-93 § 2; Ord. No. 1779-01 § IX]
a. 
Enforcement of this section shall be by the Township Police Department, Township Health Department, Township Public Works Department and any other individuals or departments designated by the Mayor.
b. 
Any person who violates any provision of this section shall be subject to a penalty for each offense of not more than $500 or be imprisoned for a term not exceeding 90 days or both.
c. 
If a violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
[Ord. No. 1164-93 § 2]
No provision of this section shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this section or from other law.
[1972 Code §§ 5-30, 5-30.1; Ord. 985-89 § 1; Ord. No. 527-79 § 1]
No person shall advertise, display, dispense, sell, or offer to sell any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
[1972 Code § 5-30.2; Ord. No. 527-79 § 2]
It shall constitute a common nuisance to maintain any building, conveyance or premises which is resorted to by persons for the manufacture, distribution, dispensing, administration or use of any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
[1972 Code § 5-30.3; Ord. No. 985-89 § 1]
It shall be unlawful for any person to use or have in his/her possession any electronic paging devices while on school property.
This subsection shall not apply to:
a. 
Law enforcement officials, firefighters or health care personnel;
b. 
Any person 18 years of age or older who is not a student at the school, who requires the device for a legal business, professional or medical purpose and who is legally entitled to be on the school property;
c. 
Post secondary trade and technical schools, colleges and other institutions of higher learning where pagers are used by students in regard to their academic pursuits.
As used in this subsection, school property shall mean any property of which there is a school complex used primarily for teaching students under 18 years of age.
[Ord. No. 906-88 Preamble]
The Comprehensive Drug Reform Act places special emphasis on curtailing the use and possession of drugs by persons on or within 1,000 feet of school property. In order to effectuate speedy and successful prosecution of such persons, the Attorney General's Statewide Action Plan for Narcotic Enforcement provides in Directive 5.2:
"(that) it shall be the responsibility of every law enforcement department, in conjunction with the County Prosecutor, to determine the outer boundaries of the property owned by the school and which are used for school purposes, and to determine the perimeter of the school "safety zone" established by N.J.S.A. 2C:35-7, which extends 1,000 feet in all directions from the outer boundaries of school property."
As a means to achieve the above, the Township has prepared a series of schematic maps annexed hereto and made part hereof as Schedules 1 through 14[1] for the entire Township, which includes a representation of all school property with a 1,000-foot boundary around same, entitled "Drug Free School Zones." The Township Engineer has approved these schematic maps as to their accuracy.
[1]
Editor's Note: Maps are included following Section 4-6.
[Ord. No. 906-88 § 1]
The Township Council on February 16, 1988, adopted Directive 5.2 and the schematic maps and have forwarded them to the Office of the County Prosecutor, Essex County Court Building, Newark, New Jersey 01702. The schematic maps are adopted as "official" and are subject to judicial notice in all criminal prosecutions.
1. 
GREGORY SCHOOL
2. 
ROOSEVELT MIDDLE SCHOOL
3. 
HAZEL SCHOOL
4. 
SETON HALL PREP
5. 
SOLOMON SCHECTOR SCHOOL
6. 
ST. CLOUD SCHOOL
7. 
MOUNT PLEASANT SCHOOL
8. 
PLEASANTDALE SCHOOL
9. 
WEST ORANGE HIGH SCHOOL
10. 
REDWOOD SCHOOL
11. 
O.L. LOURDES/EAGLE ROCK SCHOOL
12. 
ST. JOSEPH'S SCHOOL
13. 
EDISON MIDDLE SCHOOL
14. 
WASHINGTON STREET SCHOOL
[1972 Code § 6-14; Ord. No. 264-73]
Pursuant to N.J.S.A. 5:8-31 the Township Council hereby authorizes the issuance of licenses for Sunday bingo to any applicant who qualifies for a license under the Bingo License Laws of the State of New Jersey as adopted in the Township of West Orange.
No license issued pursuant to this section shall authorize any bingo game to begin prior to 1:00 p.m. prevailing time.
[1972 Code § 6-16; Ord. No. 593-80 §§ 1, 2]
Pursuant to N.J.S.A. 5:8-58, the Township Council hereby authorizes the issuance of licenses for Sunday raffles to any applicant who qualifies for a license under the "Raffles Licensing Law" (N.J.S.A. 5:8-50 et seq.) as adopted in the Township of West Orange.
[1]
Editor's Note: Former Section 4-8, Consumption of Alcoholic Beverages Prohibited in Certain Places, previously codified herein and containing portions of 1972 Code §§ 9-8.1 and 9-8.2 and Ordinance No. 270-73, was repealed in its entirety by Ordinance No. 2253-10.
[1972 Code § 5-23.1; Ord. No. 946-88 § 1; Ord. No. 1383-96 § 2]
Except as hereinafter provided every commercial establishment whose business includes selling or dispensing foods, food stuffs, goods, merchandise, drugs, medicines, fuels, oils, household and sundry items, merchandise, equipment in their original containers during all or part of the hours of 12:00 midnight and 6:00 a.m., or any part thereof, on any day must comply with the following regulations:
a. 
No less than two employees shall be on continuous duty in that portion of the retail establishment to which the public is invited.
b. 
Each retail establishment shall have in operation the following devices that must be approved as to proper working order by the Chief of Police, or his designee.
1. 
A burglar alarm system that is connected to a central security monitoring system designed to activate Police response; and
2. 
A burglar proof drop safe that regulates a clerk's access to cash; and
3. 
Each establishment shall display a notice in a visible place that indicates that an employee does not have access to the burglar-proof safe, and does not carry more than $100 cash on his or her person.
4. 
A security camera of a type and number approved by the Police Department. The camera must be capable of producing a retrievable image on film or tape that can be made a permanent record or that can be enlarged through projection or other means. Cameras meeting these requirements must be maintained in proper working order at all times and shall be subject to periodic inspection by the Police Department.
c. 
There shall be public access to a public telephone on premises in case of emergency, which telephone must include free access to a 911 emergency line.
d. 
There shall be posted in the window a conspicuous sign that any burglar proof safe is not accessible to the employees.
e. 
Any signs posted in the windows shall be located so as to provide a clear and unobstructed view of the cash register and interior sales area from the outside.
f. 
The interior sales area shall be designed and located so that the sales clerk and customer are fully visible from the street at the time of the sales transaction.
g. 
The entire exterior of the premises shall be sufficiently lighted from 8:00 p.m. to 7:00 a.m. the following day. All lighting must be approved by the Township Engineer and Police Department and designed so as not to unduly interfere with any neighbor's reasonable enjoyment of his/her property.
h. 
Each establishment shall post "No Loitering" signs and authorize the Police Department to strictly enforce same.
i. 
Each establishment shall provide employees with conspicuous uniforms or conspicuous visible identification to provide the Police the opportunity to easily identify them as employees.
[1972 Code § 5-23.2; Ord. No. 946-88 § 2; Ord. No. 1383-96 § 3]
a. 
Any commercial establishment wishing to remain open for business during all or part of the hours between 12:00 midnight and 6:00 a.m. must first receive a written certification from the Police Department that it has complied with the provisions of this section.
b. 
In addition to the requirements of paragraph a above, site plan approval must be issued by the Township Planning Board and a permit issued by the Construction Official.
c. 
Certification by the Police Department shall expire 24 months from its original issue and recertification must be applied for no later than two months prior to the expiration of the certification. Site plan approval shall not be required for re-certification.
[1972 Code § 5-23.3; Ord. No. 946-88 § 3; Ord. No. 1383-96 § 4]
Nothing in this section shall excuse or relieve an owner or employee from compliance with any other ordinance of the Township.
[Ord. No. 1383-96 § 5]
The provisions of this section shall not apply to the holder of any plenary retail consumption license to sell, serve or dispense alcoholic beverages issued by the Township.
[Ord. No. 1383-96 § 6]
a. 
Any commercial establishment which was legally operating between the hours of 12:00 midnight and 6:00 a.m., or any portion of the period, shall have 180 days from the adoption of this section to comply with any new regulations.
b. 
Any new commercial establishment seeking permission to operate between the hours of 12:00 midnight and 6:00 a.m., or any portion of the period, must comply with the provisions of this section before being granted permission to do so.
[Ord. No. 1383-96 § 7]
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty as stated in Chapter 1, Section 1-5. Each day that any violation exists shall constitute a separate violation.
b. 
The Township may obtain injunctive relief to restrain or prohibit violation of this section.
c. 
No action for violation of this section shall be maintained unless the owner shall have first been issued a written warning by the Police Department to correct any violations within a specified period of time which shall not exceed 45 days.
[1972 Code § 5-19.1]
As used in this section:
DRIVE-IN RESTAURANT
Shall mean a business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposal wrappers or containers, and served at counters either inside or outside the confines of a building or motor vehicles, so as to be intended for immediate consumption either within or without the building or in motor vehicles while parked on the premises.
RESTAURANT
Shall mean an establishment where food or drink is prepared, served and consumed within a building.
[1972 Code § 5-19.2]
a. 
It shall be unlawful for any restaurant or drive-in restaurant to sell or serve any prepared food or drink for consumption outside of the enclosed premises of the restaurant or in motor vehicles while parked on the premises, except that nothing herein shall prevent a carry-out service for the consumption of food and drink off the premises and outside the confines of its building.
b. 
It shall be unlawful for any person to consume any food purchased in a restaurant or drive-in restaurant outside the confines of the building or in motor vehicles while parked on the restaurant's premises.
[1972 Code § 5-19.3]
This section shall not apply to the sale, service or consumption of food at refreshment stands at parks, beach clubs, swimming clubs, athletic fields or other similar recreation areas, or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other social functions or parties and social events conducted at a restaurant or to the sale of soda in cans or bottles at gasoline stations.
[1972 Code § 5-20.1]
As used in this section:
SHOPPING CARTS
Shall mean any hand-drawn or propelled vehicle or wheeled container, whether made of metal, wood or other material such as is generally provided by merchants for the carting or carrying of merchandise or foodstuffs within a store or to automobiles.
[1972 Code § 5-20.2]
No person shall remove a shopping cart from the premises of any store in which it is made available to customers, except that where a store maintains a parking area for its customers immediately adjacent to the store and supervises the return to the store of shopping carts used in the parking area, the store may authorize its customers to use the shopping carts within that parking area. Any person who removes or abandons a shopping cart outside the store premises or adjoining supervised parking area shall be subject, upon conviction, to a fine not exceeding $50.
[1972 Code § 5-20.3]
Any merchant, store, or retail establishment which provides or makes available shopping carts for use by customers shall post conspicuous notices on its premises that any person removing a shopping cart may be subject to a fine of $50.
[1972 Code § 5-20.4]
The Police Department shall impound any shopping cart found abandoned on the public streets or sidewalks or in any other place in the Township outside the premises and adjoining supervised parking area of a store which makes shopping carts available to its customers. An impounded shopping cart shall be returned to its owner on payment of a fee of $3. Any unclaimed shopping carts may be sold or destroyed by the Police Department after a reasonable time.
[1972 Code § 5-11.1; Ord. No. 241-72 § 2]
As used in this section:
INDECENT EXPOSURE
Shall mean the exposure to sight of the private parts of the body in a lewd or indecent manner.
LOITERING
Shall mean to stand, sit, remain idle in essentially one location or to move about slowly, and shall include the concept of spending time idly, loafing or walking about aimlessly and without purpose.
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, by the order of any court, or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include any public building, highway, street, 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, places of religious worship and all schools, public and private, 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 or under control of his or her parent or guardian.
[1972 Code § 5-11.2; Ord. No. 241-72 § 3]
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, provided that the disturbance or annoyance would be a disturbance or annoyance to the comfort and repose of a reasonable person.
[Amended 7-14-2020 by Ord. No. 2607-20]
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 4-12.1. This paragraph shall include the making or uttering of any loud, indecent, abusive, threatening or offensive language or noise, or the making or uttering of any unsolicited remarks of an offensive, threatening, disgusting or insulting nature, or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
[1]
Editor's Note: Former subsection 4-12.3, Other Conduct Prohibited, containing subsection 5-11.3 of the 1972 Code and portions of Ordinance No. 241-72 was repealed by Ordinance No. 1869-03.
[1972 Code § 5-11.4; Ord. No. 241-72 § 5]
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 4-12.2 he/she may, if 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.
[1972 Code § 5-11.5; Ord. No. 241-72 § 6]
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.
[1972 Code § 5-11.6; Ord. No. 241-72 § 7]
Whenever any minor under the age of 18 years is charged with a violation of subsections 4-12.2 or 4-12.3, his/her parent or guardian shall be notified of this fact by the Chief of Police or any person designated by the Chief to give notice.
[1972 Code § 5-11.7; Ord. No. 241-72 § 8]
If at any time within 30 days following the giving of notice, as provided in subsection 4-12.6, the minor to whom the notice relates again violates subsection 4-12.2 or 4-12.3, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his/her parent or guardian.
[1972 Code § 5-13]
No person shall resist any Police Officer, member of the Police Department or any person empowered with police authority in the discharge of his/her duty, or shall in any way interfere with, hinder or prevent him or her from discharging his or her duty as an officer, or threaten or attempt to do so. No person shall in any manner assist any person in custody of any Police Officer or member of the Police Department to escape or attempt to escape from custody, or rescue or attempt to rescue any person in custody.
[1972 Code § 5-27.1; Ord. No. 508-78; Ord. No. 1520-98]
No person shall set off or discharge within the Township of West Orange any firearm as defined under N.J.S.A. 2C:39-1.
[1972 Code § 5-27.2; Ord. No. 508-78; Ord. No. 1520-98]
The prohibitions of this section shall not apply to:
a. 
Any Police Officer, constable or other duly constituted official or person who under the laws of the State of New Jersey or the United States of America is authorized to carry and use firearms in performance of their official duties.
b. 
Any person engaged in legally authorized target practice.
c. 
Any person legally engaged in the use of explosives or similar material designed for blasting purposes or pyrotechnical displays.
d. 
Any person engaged in military training or exercises sanctioned by either the State of New Jersey or United States of America.
e. 
Any person discharging or using a single shot pyrotechnical launching device which utilizes 22 caliber blank cartridges designed solely to scatter or control wildlife which congregate within the Township of West Orange, provided the following conditions are met:
1. 
The device may only be operated or used by a person authorized to possess and use a firearm as defined in Title 2C of the New Jersey Statutes.
2. 
The device may only be discharged by a property owner or his agent on property larger than one acre and which must contain a body of water such as a lake, pond or swimming pool.
3. 
The device may only be discharged between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday or on weekends or holidays between 9:00 a.m. and 6:00 p.m. The device shall not be used for more than 15 minutes per session and not more than three times per day.
4. 
The device may not be pointed at any person or animal while being discharged. The Police Department shall have authority to halt the discharge of any device if the health or safety of any person or animal is endangered.
[1972 Code § 5-7.1]
As used in this section:
PROPERTY
Shall mean any real property within the Township which is not a street.
STREET[1]
Shall mean the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
Shall mean a machine propelled by other than human power, designed to travel along the ground by use of wheels, treads, runner or slides, and transport persons or property or pull machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
[1]
Editor's Note: See also the definition of "Street" in Chapter 1, Section 1-2.
[1972 Code § 7-5.2]
No person shall abandon any vehicle within the Township and no person shall leave any vehicle at any place within the Township for such time and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned.
[1972 Code § 5-7.3]
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street within the Township.
[1972 Code § 5-7.4; Ord. No. 935-88 § 1]
No person in charge or control of any property within the Township whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, unregistered, abandoned, or discarded vehicle to remain on such property longer than 48 hours. No person shall leave any such vehicle on any property within the Township for a longer time than 48 hours except that this subsection 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, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Township.
[1972 Code § 5-7.5; Ord. No. 935-88 § 2]
The Chief of Police or any member of the Police Department designated by him/her is authorized to remove or have removed any vehicle left at any place within the Township which reasonably appears to be in violation of this section, or 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/her, shall notify the registered and legal owner in writing by personal service or by Certified Mail, at the last known address of the owner, of the removal of 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/her duly authorized agent shall have paid the cost of such taking and removal, together with a storage charge, as is provided for in the current towing contract, for each and every day such vehicle is retained and impounded.
[1972 Code § 13-13.2]
No person shall park a vehicle upon any street or roadway for the purpose of:
a. 
Displaying the vehicle for sale.
b. 
Washing, greasing or repairing the vehicle, except repairs necessitated by emergency.
c. 
Soliciting or making a sale of any commodity from the vehicle.
[1972 Code § 5-12.1]
It shall be unlawful for any person to appear on any public street within the Township clothed in a bathrobe, bathing suit or other bathing attire.
[1972 Code § 5-12.2]
It shall be unlawful to use any type of vehicle or truck as a place for the purpose of changing from street attire into a bathing suit, or vice versa.
[1972 Code § 5-12.3]
No person shall make any indecent exposure or exhibition of any kind either in a public or a private place within the Township.
[Ord. No. 1335-95 § 1]
As used in this section:
MOTOR VEHICLE
Shall include a vehicle propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
VEHICLE
Shall mean every device in, upon or by which, a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.
[Ord. No. 1335-95 § 2]
a. 
It shall be unlawful for any person to repair, service, dismantle or generally perform maintenance work upon any motor vehicle or upon any public parking lot within the Township.
b. 
It shall be unlawful to repair, service, dismantle, or generally perform maintenance work upon any motor vehicle on a public street in front of a dwelling unless the motor vehicle is the property of the owner or bona fide resident of the dwelling; provided, however, that the owner or bona fide resident may not leave his/her motor vehicle in a visibly unrepaired condition or state for more than 24 hours.
c. 
It shall be unlawful to repair, service, dismantle or generally perform maintenance work upon any motor vehicle on private property unless the owner of the property has consented thereto; provided, however, that no motor vehicle shall remain in a visibly unrepaired condition or state for more than 24 hours.
[Ord. No. 1335-95 § 3]
It shall not be a violation of this section to make emergent repairs to a motor vehicle in order to render any disabled or inoperable motor vehicle operable again. The burden shall be upon the owner or other person working on the motor vehicle to prove that the repairs being made were of an emergency nature.
[Ord. No. 1335-95 § 4]
Any person convicted of violating this section shall be liable to a fine of not less than $250 nor more than $1,000 for each such violation and each day in which such violation continues shall constitute a separate violation or offense. In addition to the foregoing remedies the Township Attorney may maintain an action in any court of competent jurisdiction to enjoin, restrain, abate, correct or remove any violation of this section.
[1972 Code § 5-29.1; Ord. No. 434-79 § 1]
A person shall be guilty of disorderly conduct if he or she:
a. 
Shall at any time or in any manner open or operate any fire hydrant, gate valve, or other appurtenance of the water system or tamper with or damage any part of the water system or destroy or cause to be removed any part of the water system;
b. 
Has in his or her possession on his or her person any hydrant or hydrant part belonging to the Commonwealth Water Company and/or the Township;
c. 
Opens or operates, turns on, turns off, interferes with, attaches any pipe or hose to, or connects anything with any fire hydrant, gate valve or other appurtenance of the water system or in any manner molests or interferes with same.
[1972 Code § 5-29.2; Ord. No. 534-79 § 2]
As used in this section:
WATER SYSTEM
Shall mean any fire hydrant, gate valve or appurtenance belonging to or forming part of the water distribution system operated by the Commonwealth Water Company and/or the Township.
[1972 Code § 5-29.3; Ord. No. 534-79 § 3]
This section shall not be construed to apply to any duly authorized employee of the Commonwealth Water Company or the Township who shall:
a. 
Open or operate any fire hydrant, gate valve or other appurtenance of the water system or remove any part of the water system;
b. 
Have in his or her possession on his or her person any hydrant or hydrant part belonging to the Commonwealth Water Company and/or the Township;
c. 
Turn on, turn off, attach any pipe or hose to, or connect anything with any fire hydrant, gate valve or other appurtenance of the water system;
d. 
Remove any part or parts of the fire hydrant, gate valve, or other appurtenance of the water system in the performance of his or her duties as an employee.
[1972 Code § 5-15.1]
It shall be unlawful for any person with intent to defraud, to make, draw, utter or deliver any check, draft or other for the payment of money in a sum not in excess of $100 on any bank or other depository, knowing at the time of so doing that the maker, or drawer, has no funds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument on its presentation although no express representation is made in reference thereto.
[1972 Code § 5-15.2]
The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing subsection shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.
[Ord. No. 2035-05 § II]
A service charge in the amount of $20 shall be imposed on any taxes, fees or other charges due to the Township of West Orange where a check or draft has been submitted to the Township toward the payment of such taxes, fees or other charges, and such check or draft is returned for insufficient funds. Whenever an account owing is for a tax or special assessment, the service charge shall be included on whatever list of delinquent accounts is prepared for the enforcement of the tax or assessment lien. The appropriate municipal officer may demand that future payments be tendered in cash or by certified or cashier's check on any account where a check tendered for payment on such account is returned for insufficient funds. The service charge may be collected in any manner authorized by law.
[1972 Code § 5-32.1; Ord. No. 950-89 § 1]
The purpose of this section is to provide for reimbursement for the cost of specialized and sometimes nonreusable equipment which is required by the State and Federal regulations to be available in the Township in case of fire, leakage, or spillage involving any hazardous material. The provision of this section entitles the Township to reimbursement for any expendable items used by the Township or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill or hazardous materials.
[1972 Code § 5-23.2; Ord. No. 950-89 § 2]
As used in this section:
EXPENDABLE ITEMS
Shall mean any items used to extinguish any fire or stop or contain any leakage or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, and specialized protective equipment, including but not limited to acid suits, acid gloves, goggles, protective clothing, turnout equipment, station and dress uniforms and personal effects.
HAZARDOUS MATERIAL
Shall mean any material solid, liquid, or gas listed as such under National Fire Protection Association Guide of Hazardous Materials or the Department of Transportation Guide Book.
VEHICLE
Shall mean any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor trailers, construction equipment, farm machinery, planes and boats.
VESSEL
Shall mean any container, drum, box cylinder, or tank used to hold, contain, carry or store any hazardous material.
[1972 Code § 5-32.3; Ord. No. 950-89 § 3]
a. 
Reimbursement shall be paid by the following parties to the Township for expendable items used in connection with extinguishing any fire, stopping or containing any leak or controlling any spill or hazardous material:
1. 
The owner or operator of any vehicle responsible for any fire, leak, or spill of hazardous material.
2. 
The owner or person responsible for any vessel containing hazardous material involved in any fire, leak, or spill on public or private property whether stationary or in transit, whether accidental or through negligence.
3. 
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.
b. 
Any person listed in paragraph a shall also provide reimbursement for services rendered by any recovery company, towing company, or other technical assistance called for by the Fire Department or Office of Emergency Management to handle such hazardous material incident. The amount of the reimbursement shall be in accordance with a schedule of reasonable charges annexed hereto and incorporated herein by reference.
c. 
Any reimbursement required to be paid under this section shall be paid within 45 days after receipt of a bill from the Township for this reimbursement.
[1972 Code § 5-25.1]
It is hereby found and determined that prohibiting the use and sale within the Township of domestic laundry detergents and presoaks containing more than 2.53% by weight of the chemical element phosphorus is necessary and proper for the preservation of the public health, safety and welfare of the Township and its inhabitants.
[1972 Code § 5-25.2]
The use and sale of detergents and pre-soaks containing more than 2.53% by weight of the chemical element phosphorus for domestic laundry purposes within the Township is prohibited.
[1972 Code § 5-25.3]
The provisions of this section shall be enforceable by the Department of Health and Welfare and the Police Department of the Township.
[1972 Code § 5-25.4]
Any person violating any of the provisions of this section shall, upon confirmation, be punishable by a fine not exceeding $50, and shall also be subject to the provisions of the general penalty provisions as stated in Chapter 1, Section 1-5.
[1972 Code § 5-24.1]
As used in this section:
LIBRARY
Shall mean any library or branch thereof in the Township supported in whole or in part by the Township.
[1972 Code § 5-24.2; Ord. No. 1059-91; Ord. No. 1759-01 § II]
No person shall willfully detain or fail to return any book or other article borrowed from a library owned and/or operated by the Township, and their failure to comply with this subsection will subject them to the following:
a. 
Overdue Fines. Patrons who fail to return library materials, including, but not limited to, adult/young adult books, children's books, children's magazines, children's audiocassettes, videocassettes, CD Roms, DVDs, Ebook readers, magazines, pamphlets, uncatalogued paperbacks, and audiocassettes, and CDs, will be responsible for the payment of daily overdue fines.
The library will allow the patron a grace period of seven days on selected books, magazines, CDs, and audiocassettes. If a patron fails to return an item until after the expiration of the grace period, the overdue fine will accrue from the item's original due date.
b. 
Collection Costs.
1. 
Notices.
(a) 
First Notice - When an item is approximately three weeks past due, the library will send the patron an initial reminder.
(b) 
Second Notice - When an item is approximately five weeks past due, the library will send the patron a second reminder. The patron will be responsible for the charge for this reminder in addition to the charge that accrued at the time of the first notice. At the time of the second notice, the library will also charge patrons an additional fee for each children's book, children's audiocassette, or children's magazine listed in the second notice.
2. 
Referral to Collection Agency. Approximately eight weeks after an item is past due, the library will send the patron a bill for the overdue fine, notice charges, and replacement cost of the item. If the amount owed by the patron exceeds $50, the library will refer the account to a collection agency and the patron will be responsible for all charges connected with this service. After five months from the original due date, the item will be declared lost. The library will no longer accept the item, waive or refund the charges.
c. 
Calculation of Replacement Cost of Lost or Damaged Materials.
1. 
Lost Items.
(a) 
The patron will be responsible for the replacement cost of all lost items.
(b) 
If a book is no longer in print, the replacement cost will be the average price of a book in the same Dewey Decimal category. If an audio-visual material is no longer available the replacement cost will be the average price of the type of audio-visual material that has been lost.
(c) 
The patron will be responsible for the replacement cost of a lost eBook reader and will be charged an additional fee for each eBook loaded on that reader. A fee will also be imposed for the replacement of an eBook accessory including, but not limited to, the cleaning cloth, leather case, stylus, or power adapter.
(d) 
The replacement cost of a lost issue of a magazine is the current charge for an issue of the magazine or the average price for this type of periodical if the magazine is no longer in publication.
(e) 
If a patron pays for a lost item and subsequently finds it, the library will issue a refund only if the patron returns the item to the library within five months of the date when the item was due.
2. 
Damaged Items.
(a) 
The library will charge a patron the replacement cost, as defined above, of any item which the library, in its sole discretion, determines has been damaged.
d. 
Special Policy on Rental Books. Books in the rental collection may be taken out at a charge per day. There is no maximum overdue fine on rental books. The library will send the patron a first notice approximately three weeks after a rental book is past due. There is no charge for this first notice provided items other than rental books are not listed in the notice. Approximately two months after a rental book is past due, the library will bill the patron for the replacement cost of each unreturned rental book together with all rental fees that have accrued.
e. 
Suspension of Borrowing Privileges. In addition to the fees and charges set forth above, the library will suspend the borrowing privileges of a patron whose account shows any item that is three months past due or owes the library more than $10 in fees, fines, and other charges. The library will restore borrowing privileges only after the patron has settled the account in full.
f. 
Interlibrary Loans and Reciprocal Borrowing.
1. 
A patron borrowing an item from another library by way of interlibrary loan will be responsible for the fees, fines, and charges set forth by this library as well as any fees, fines, and charges assessed by the originating library.
2. 
A patron borrowing an item from the library through the ReBL program will be responsible for the fees, fines, and charges set forth above. In addition, the library will send a bill for all lost items to the patron's home library.
g. 
Policy with Regard to Personal Checks. The library will not accept personal checks for amounts under $10.
[1972 Code § 5-24.3]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article which is owned by, or is in the custody of, any library.
[1972 Code § 5-24.4]
No person shall register or furnish a false name or address with any library.
[1972 Code § 5-24.5]
No person having in his or her possession any membership card of other indicia issued or furnished to any other person by any library shall exhibit the same with intent falsely to represent that person, so exhibiting such card or indicia is the person identified thereby or to whom the same was issued or furnished.
[1972 Code § 5-14.1; Ord. No. 1793-01 § II]
Consistent with the provisions of N.J.S.A. 2C:34-3.2 it shall be a petty disorderly persons offense for a retailer to display or shall display at his/her business premises any obscene material as defined in N.J.S.A. 2C:34-3, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. Any public display or obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
[1972 Code § 5-14.2]
No person shall import, publish, sell, distribute, or circulate any book, play, pamphlet, ballad, printed paper or other thing which is obscene, indecent or impure, or manifestly tends to corrupt the morals of youth; or an obscene, indecent or impure print, picture, figure, image or description, manifestly tending to corrupt the morals of youth; or introduce into a family, school or place of education or buy, procure, receive or have in his possession any book, pamphlet, ballad, printed paper, obscene, indecent or impure print, picture, figure, image or other thing, either for the purpose of sale, exhibition, loan or circulation or with intent to introduce the same into a family, school or place of education.
[1972 Code § 13-13.3]
No parades or other prearranged aggregations of people shall be permitted in streets or sidewalks unless written permission shall have been first obtained from the Chief of Police. A request for permission shall specify the route to be taken and the purpose of the parade or other aggregation.
[1]
Editor's Note: See Section 5-14, Parades, for permit requirements.
[Ord. No. 1272-94 § 1; Ord. No. 1733-00 §§ II]
A person under the age of 18 years shall not operate or ride upon roller blades, a skateboard, roller skates, in-line skates or similar devices unless such person is wearing a properly fitted and fastened safety helmet which meets the requirements of the American National Standards Institute or the Snell Memorial Foundation 1984 Standard for Protective Head Gear for Use in Bicycling or a helmet which is designed specifically for use with any of the above devices.
The term scooter shall be defined as a device propelled by muscular power which consists of a footboard between end wheels and is controlled by an upright steering handle attached to a front wheel. This amendment does not apply to motorized scooters.
[Ord. No. 1272-94 § 2]
Any person found to be in violation of this section shall upon a first violation receive a written notice from the Police Department of the requirements of this section. Any subsequent violations shall result in confiscation of the offender's skateboard, roller blades or other device referred to above.
[Ord. No. 1272-94 § 3]
The parent or legal guardian of any person found violating this subsection shall for a first violation by that person also receive from the Police Department written notice of the requirements of this section. Any subsequent violations shall subject the parent or legal guardian to a fine in Municipal Court of $50 for each violation if the parent or legal guardian failed to exercise reasonable supervision or control over the violator.
[Ord. No. 1416-96 § 1]
As used in this section:
OWNER
Shall mean the person who has legal or equitable title to real property and includes any individual, corporation, partnership, unincorporated association, joint venture or other legal entity in whom title is vested.
REAL PROPERTY
Shall mean any single family detached dwelling, condominium or cooperative unit, multi-family dwelling, apartment unit or other form of residential dwelling unit.
[Ord. No. 1416-96 § 2]
It shall be unlawful for the owner, occupant or tenant of real property to allow, permit or suffer the property to be occupied in violation of any provision of the West Orange land use regulations when one or more of the occupants of the real property is enrolled in the public schools of the Township of West Orange.
[Ord. No. 1416-96 § 3]
It shall be unlawful for the owner, occupant or tenant of real property to allow, permit or suffer the property to be illegally occupied, rented or otherwise used to establish a false, fictitious or otherwise illegal address with the intention of securing admittance to the Township public schools of any children of the illegal tenant or occupant.
[Ord. No. 1416-96 § 4]
It shall be the duty and obligation of all departments of the Township to assist in the enforcement of this section.
[Ord. No. 1416-96 § 5]
a. 
Any person convicted of violating this section shall be subject to a fine of not less than $250 and not more than $500 or imprisonment for a period not exceeding 90 days or both. Each day of occupancy shall constitute a separate offense.
b. 
Upon conviction the Administrator of the Township Municipal Court shall immediately notify the Township Superintendent of Education in writing of the names of those convicted, the address of the real property and the names of any students reasonably believed to be ineligible for admittance to the Township public schools.
[Ord. No. 2052-05 § II]
Within five days of any tenant's request, the landlord must provide to the tenant, an executed affidavit verifying the tenant's residency. Failure to do so will result in fines and penalties under Chapter 1, Section 1-5.
The affidavit must include the following:
a. 
The name and address of the tenant;
b. 
The names of any student(s) residing with the tenant;
c. 
The length of time that the tenant and any student have resided on the premises;
d. 
The signature of an authorized representative or agent of the landlord; and,
e. 
A statement by the landlord, indicating that the information contained within the affidavit is true and correct to the best of the landlord's knowledge.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1577-98 and 2028-05.
[Ord. No. 2037-05 § II]
The Township of West Orange funds many important and critical services for its residents through tax dollars. The purpose of this section is to provide recourse in the event that any nonresident seeks to or does obtain municipally funded services. This section further establishes penalties for allowing nonresidents to attend the West Orange public schools.
[Ord. No. 2037-05 § II]
Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them as follows:
NONRESIDENT
Shall mean any individual who is not qualified to receive municipally funded services. For instance, nonresidents are not permitted to attend the Township's public schools except in limited circumstances, defined by law. Nonresidents are generally not permitted to register in the Township's recreational and other programs.
[Ord. No. 2037-05 § II]
a. 
Nonresidents shall be prohibited from obtaining or attempting to obtain any Township service or municipally funded services or enroll in any Township Public School or other public programs.
b. 
It shall be unlawful for any person over the age of 18 to assist, aid, abet, allow, permit, suffer or encourage a student to register or enroll in the West Orange School District where the student would be otherwise ineligible to attend.
c. 
It shall be unlawful for any person over the age of 18 to knowingly permit his or her name, address, or other residence designating documentation to be utilized in the registration or enrollment of any nonresident student in the West Orange School District.
[Ord. No. 2037-05 § II]
It shall be unlawful for any person to permit another person who is a nonresident to use his or her address in registering for a Township program or in enrolling in the West Orange School District. Knowledge and intent to violate this section shall be presumed whenever a person is aware of or has reason to be aware of the use of his or her address by a nonresident or the use of a nonlegitimate address.
[Ord. No. 2037-05 § II]
Any person violating or failing to comply with the provisions of this section shall, upon conviction thereof, be sentenced to make restitution to the Township of West Orange and/or the West Orange Board of Education. In determining restitution, the Court shall include the costs incurred by the Township of West Orange and/or the West Orange Board of Education, including but not limited to tuition costs, investigation expenses and attorney's fees.
In addition to the foregoing, a fine of up to $1,250 per day, per violation, shall be imposed pursuant to the general provisions of Chapter 1, Section 1-5.
[Ord. No. 1398-96 § 1]
Those persons desirous of utilizing the Summer Bus Shuttle of the Township shall be bona fide residents of the Township. Bona fide resident for the purpose of this section shall mean a person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence required outside the Township limits.
[Ord. No. 1398-96 § 2]
The sole exception to subsection 4-28.1 is that house guests of residents as defined in subsection 4-28.1 who are accompanied by the resident as defined in subsection 4-28.1 shall be permitted to utilize the service provided they are accompanied by the resident as defined in subsection 4-28.1.
[Ord. No. 1398-96 § 3]
These regulations shall be prominently displayed in the vehicles used for the Summer Bus Shuttle Program.
[Ord. No. 1398-96]
Any person who violates the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 1220-93; New]
a. 
Definitions. As used in this subsection:
CONSTRUCTION EQUIPMENT
Shall mean machinery or equipment used in the building, construction or excavating industries such as a backhoe or bulldozer.
FLAT BED TRUCK
Shall mean an open back truck designed primarily for the transportation or removal of motor vehicles temporarily or permanently incapable of being operated on the street or highway.
PARK OR PARKING
Shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
STORE
Shall mean keeping for safe care or custody whether temporarily or permanently.
TOW TRUCK
Shall mean any vehicle manufactured or designed for the purpose of towing and/or removing motor vehicles.
b. 
Parking Restrictions.
1. 
No person shall park or store any tow truck, flat bed truck or construction equipment on any street, highway, right-of-way, public place or private road in any residential district, as designated in the Township Zoning Ordinance, at any time on every day.
2. 
No person shall park or store any tow truck, flat bed truck or construction equipment on any street, highway, right-of-way, public place or private road in any other district, as designated in the Township Zoning Ordinance, between the hours of 9:00 p.m. and 7:00 a.m.
c. 
Exceptions. Nothing herein shall be deemed to prohibit the parking or storing of a tow truck, flat bed truck or construction equipment while it is being used in the transaction of business with the owner or tenant of premises in the residential or business district or while towing or removing a motor vehicle at the request of the Township of West Orange. In no event shall the time period authorized by this subsection exceed four hours.
d. 
Penalties. Any person violating this subsection shall be liable, upon conviction, to the penalty in Chapter 1, Section 5-1 for each such violation and each day in which such violation continues shall constitute a separate violation or offense.
[Ord. No. 1221-93]
a. 
Definitions. As used in this subsection:
PARK OR PARKING
Shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
PERSON
Shall include natural persons, firms, associations, partnerships and corporations.
RECREATIONAL VEHICLE
Shall mean any motor vehicle primarily designed and used as a travel trailer, camper, camping trailer, motor home or tent trailer and any boat, snowmobile, jet-ski, off-road motorcycle, vehicle intended for the purpose of racing and/or their respective trailer(s).
STORE
Shall mean keeping for safe care or custody whether temporarily or permanently.
b. 
Parking Restrictions. No person shall park or store any recreational vehicle of any size on any residential street, highway, right-of-way, public place or private road within the Township between the hours of 9:00 p.m. and 7:00 a.m. every day except as hereinafter provided.
c. 
Temporary Parking Permits. Any person who is subject to the provisions of this subsection may apply to the Chief of Police or his designee for a temporary permit allowing the parking of a recreational vehicle which will be valid as follows:
1. 
Up to 30 consecutive days upon a showing by the applicant that visitors to such person's residence will not be able to park in the immediate vicinity thereof or on such person's property without violating the Township's ordinances.
2. 
Up to two consecutive days, with one renewal period of two consecutive days in any thirty-day period, for the purpose of loading and/or unloading such vehicle, upon a showing by an applicant that the vehicle cannot be parked on the applicant's property.
d. 
Application Procedure.
1. 
Applications for temporary permits shall be made in writing to the Chief of Police or his designee on forms provided by the Township.
2. 
Each applicant shall provide satisfactory proof that all of the conditions required for the issuance of a permit have been met.
3. 
Each applicant shall also provide the original registration documents and/or ownership papers to the recreational vehicle.
4. 
The fee for a temporary parking permit shall be $5.
e. 
Approval of Temporary Parking Permits; Limitation.
1. 
The Chief of Police or his designee shall approve any application for a temporary parking permit which meets the requirements of this subsection provided there is a further finding that the issuance of such permit will not unduly impair traffic safety during the period of its validity.
2. 
Approval may be conditioned upon parking being limited to a certain portion or portions of any residential street, highway, right-of-way or public place.
3. 
No more than one temporary parking permit shall be issued and outstanding at any one time for the use of any one dwelling unit.
f. 
Other Compliance. The parking or storage of any recreational vehicle must comply with all other local parking regulations.
g. 
Penalty. Any person violating this subsection shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 for each such violation and each day in which such violation continues shall constitute a separate violation or offense.
[Ord. No. 1222-93; New]
a. 
Definitions. As used in this subsection:
MOTOR VEHICLE
Shall include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
PARK OR PARKING
Shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
POLE TRAILER
Shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
ROAD TRACTOR
Shall mean every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
SEMITRAILER
Shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
TRAILER
Shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRUCK TRACTOR
Shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VEHICLE
Shall mean every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.
b. 
Parking Restrictions.
1. 
It shall be unlawful to park or store any trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels on any street, highway, right-of-way, public place or private road in any residential district, as designated in the Township Zoning Ordinance, at any time on every day.
2. 
It shall be unlawful to park or store any trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels on any street, highway, right-of-way, public place or private road in any other district, as designated in the Township Zoning Ordinance, between the hours of 9:00 p.m. and 7:00 a.m. every day.
c. 
Exceptions.
1. 
Nothing herein shall be deemed to prohibit the parking of a trailer, semitrailer, pole trailer, road tractor, truck tractor or vehicle with dual rear wheels while it is being used in the transaction of business with the owner or tenant of premises in the area. In no event shall the time period authorized by this paragraph exceed eight hours.
2. 
The provisions of this subsection shall not apply to any vehicle in the area for the purpose of installing, maintaining or performing public utility services.
d. 
Penalties. Any individual, partnership, association, corporation or other entity violating this subsection shall be, upon conviction, be liable to the penalty in Chapter 1, Section 1-5 for each such violation and each day in which such violation continues shall constitute a separate violation or offense.
[Ord. No. 1463-97 § I; Ord. No. 1505-98 § I; Ord. 1681-99 § I]
The purpose of this section is to establish a curfew for juveniles aimed at preventing juvenile delinquency and crime while safeguarding the constitutional rights of juveniles and avoiding juvenile victimization.
[Ord. No. 1463-97 § II; Ord. No. 1505-98 § II; Ord. No. 1681-99 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings indicated:
CUSTODIAN
Shall mean any person over the age of 21 who is responsible for the care, custody and control of any juvenile.
GUARDIAN
Shall mean any person other than a parent who has legal custody of a juvenile and is over the age of 21.
JUVENILE
Shall mean any person under the age of 17.
PARENT
Shall mean the natural or adoptive parent of a juvenile having obtained the age of 17.
PUBLIC PLACE
Shall mean the outside of any place to which the public has access including but not limited to any highway, street, sidewalk, plaza, road alley, vacant lot or sidewalk. It shall also include the area outside of any store, shop, restaurant, tavern or other place of business, public grounds, areas, parks, places of religious worship, schools, public and private, parking lots, outside of structures or vacant private property not owned by or under the control of the person charged with violating this section or, owned or under control of his/her parent, guardian or custodian unless authorized by the owner or person in control of the property. Public place shall not include the inside of an operating motor vehicle.
[Ord. No. 1463-97 § III; Ord. No. 1505-98 § III; Ord. No. 1681-99 § III]
It shall be unlawful for any juvenile to be in any public place in the Township between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 5:00 a.m., Friday through Saturday, as well as a bona fide school holiday including summer recess, unless accompanied by a parent, guardian or custodian.
[Ord. No. 1463-97 § IV; Ord. No. 1505-98 § IV; Ord. No. 1681-99 § IV]
A juvenile shall not be considered in violation of the curfew under the following conditions:
a. 
When returning to his/her residence by a direct route from any public place.
b. 
When engaged in the exercise of one's First Amendment rights.
c. 
In the event a parent, custodian or guardian expressly authorizes his or her juvenile to attend a specific event or to go to a specific location which is not a public place by providing the juvenile with an express written note of permission describing the event or specific location, and time(s) when the juvenile will be at the event or specific location.
d. 
Attendance at extracurricular school activities and other cultural, educational and social events, sponsored by religious or community-based organizations;
e. 
Engaged or traveling to or from a business or occupation which the laws of the State authorize a juvenile to perform;
f. 
In the event of an emergency which necessitates a juvenile to be dispatched upon an errand requiring his or her presence in or upon any public place. In this event, he or she shall have in his or her possession a note signed by the parent, guardian or custodian stating the nature of the errand, the place to which such child is to go, the time such note was issued and the time required for such errand.
[Ord. No. 1463-97 § V; Ord. No. 1505-98 § V; Ord. No. 1681-99 § V]
It shall be unlawful for the parent, guardian or custodian of any juvenile under the age of 17 to suffer or permit or by inefficient control to allow any juvenile to be in any public place within the Township between the hours established in subsection 4-30.3 hereinabove. However, the provisions of this section do not apply to a juvenile accompanied by his parent, guardian, or custodian.
[Ord. No. 1463-97 § VI; Ord. No. 1505-98 § VI; Ord. No. 1681-99 § VI]
a. 
It shall be the responsibility of any person within the Township of West Orange to establish (by sufficient proof) that he or she is not subject to the provisions of this section by virtue of having attained the age of 17 years.
b. 
It shall be a violation of this section for any juvenile to utter a misrepresentation of his or her age to a Police Officer of the Township of West Orange.
[Ord. No. 1463-97 § VII; Ord. No. 1505-98 § VII; Ord. No. 1681-99 § VII]
a. 
Any Police Officer, upon finding an individual in violation of this section shall ascertain the name and address of such individual and warn the individual that he or she is in violation of this section and shall direct the individual to proceed at once to his or her home or usual place of abode. The Police Officer shall make a report of such action and shall notify the parent, guardian or custodian of such minor.
b. 
If such individual refuses to heed such warning or direction by any Police Officer or refuses to give such Police Officer his or her correct name and address or if the individual has been warned on any previous occasion that he or she is in violation of the curfew or if the individual provides a permission note which has not been authorized in accordance with subsection 4-30.4 herein or identification, he or she shall be taken into custody.
[Ord. No. 1463-97 § VIII; Ord. No. 1505-98 § VIII; Ord. No. 1681-99 § VIII]
Any juvenile violating the provisions of this section shall be dealt with in accordance with the juvenile law and procedure. Any parent, guardian or custodian violating this section shall, after having been previously notified under subsection 4-30.7 of this section, be fined not more than $500 for each offense and shall be required to perform community service. If both a juvenile and the juvenile's parent, guardian or custodian violate this section, they shall be required to perform community service together.
[Ord. No. 1463-97 § IX; Ord. No. 1505-98 § IX; Ord. No. 1612-99 §§ I, II; Ord. No. 1681-99 § IX]
This section shall take effect as provided by law after its final passage and publication but shall expire one year after becoming law unless re-enacted by the Township.
[Ord. No. 1463-97 § X; Ord. No. 1505-98 § X; Ord. No. 1681-99 § X]
a. 
The Police Director, or in his/her absence, the Police Chief, shall submit a yearly report to the Mayor and Council providing the following information:
1. 
The number of persons questioned under this section, warnings issued, persons taken into custody, arrested and convicted pursuant to this section.
2. 
The cumulative number of days, times of day, days of the week and places within the Township where the actions set forth in paragraph a.1 above were made.
3. 
The cost of enforcing this section.
[Ord. No. 1519-98 § I; Ord. No. 2391-13 § 3]
The purpose of this section is to obtain information and maintain a register of the actual residential addresses for non-owner occupied residential dwellings and commercial properties. This section is enacted pursuant to N.J.S.A. 40:48-2.53 and N.J.S.A. 46:8-28.
[Ord. No. 1519-98 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings indicated below:
NON-OCCUPANT OWNER
Shall mean the person, persons, partnership, corporation, limited liability corporation, professional corporation or other entity who (i) owns residential real property but does not reside therein, or (ii) in the case of commercial real property, does not operate a business at the real property.
REAL PROPERTY
Shall mean any type of real estate including commercial or residential, improved and unimproved lots, single-family homes, multiple dwellings, and property held in any manner, including fee simple, condominium or cooperative forms of ownership.
STREET ADDRESS
Shall mean the address at which the non-occupant owner actually resides, and shall include a street name or rural delivery route, in addition to any post office box which may be included. In no event shall it only include a post office box number. If the non-occupant owner is other than a person then there shall be provided the street address of any partner, general partner, shareholder, or other principal thereof, provided, however, that if the non-occupant owner is a corporation whose shares are publicly traded, then the street address shall mean the address of the principal office or corporate headquarters.
[Ord. No. 1519-98 § 3; Ord. No. 2391-13 § 4]
a. 
As provided herein, any non-occupant owner of real property located within the Township of West Orange shall register said owner's street address with the Township Clerk by completing the form provided by the Township Clerk.
b. 
In addition to filing the form required by paragraph a., any non-occupant owner of a one- or two-dwelling unit rental property shall also simultaneously file with the Township Clerk a certificate of registration on the form prescribed by the Commissioner of Community Affairs pursuant to N.J.S.A. 46:8-28.
[Ord. No. 1519-98 § IV]
The Township Clerk shall cause a notice of the provisions of this section to be sent to all non-occupant owners of real property with the next regular tax bill or other Township wide official mailing. Such notice shall require that a street address must be registered with the Township Clerk no later than 30 days from the date thereof.
[Ord. No. 1519-98 § V]
All Township departments and/or divisions shall assist in the enforcement of this section.
[Ord. No. 1519-98 § VI]
All penalties for violation of any provision of this section shall be governed by the provisions of Section 1-5 et seq. of the Revised General Ordinances of the Township of West Orange.
[Ord. No. 1722-00 § 3]
The enforcement of any subsection of Chapter 2, including but not limited to subsections 2-17.5, 2-17.6, and 2-17.7, may be enforced under this Chapter 4 of the West Orange ordinances.
[1]
Editor's Note: For smoking prohibited in municipally-owned buildings see Chapter 12, Section 12-10.
[Ord. No. 1773-01 § 1; Ord. No. 1789-01 § I]
a. 
Smoking of cigarettes and use of tobacco products within public parks, playgrounds, ballfields and schoolgrounds shall be prohibited within the Township of West Orange.
b. 
Smoking of cigarettes and the use of tobacco products shall be prohibited within the Oskar Schindler Performing Arts Center located at 4 Boland Drive.
[Ord. No. 1773-01 § 2]
PUBLIC PARKS, PLAYGROUNDS AND BALLFIELDS
Shall mean any place or area within the Township upon which the public is invited or upon which the public is permitted and where children gather for recreational activities, but shall not include the parking lots associated with those places.
SCHOOLGROUNDS
Shall mean any grounds upon which a school is located excepting parking lots.
[Ord. No. 1773-01 § 3]
Any person who has been found to have violated this section shall be subject to the following:
a. 
For a first offense, issuance of a written warning and an explanation of the purpose of this section;
b. 
For a second offense, the issuance of a written warning and the requirement that the offender participate in community service projects as determined by the Health Officer of the Township of West Orange in the amount of up to 10 hours;
c. 
For a third offense, a fine of up to $100 and the requirement that the offender participate at his or her own expense in an educational program determined by the Health Officer of the Township of West Orange concerning the dangers of smoking and tobacco use.
[Ord. No. 1955-04 § 2]
a. 
For the convenience of those persons and entities that require the services of off duty law enforcement officers and to authorize this off-duty employment, the Township of West Orange hereby establishes this policy and procedures to facilitate the process and not cause an undue burden upon the taxpayers.
b. 
Sworn members of the Police Department shall be permitted to accept police related employment from nongovernment employers and school districts only during their off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township.
c. 
Persons or entities wishing to employ off-duty Police Officers must make their request through the Chief of Police, or designee. The Chief of Police, or designee, may grant the request when, in the opinion of the Chief of Police, such employment will not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger or threaten the safety of the officer(s) who will be working the assignment(s).
[Ord. No. 1955-04 § 2]
a. 
The Chief Financial Officer of the Township shall establish regular billing periods for persons or entities contracting for the services of off-duty West Orange Police Officers.
b. 
Payment for off-duty police services is required with 14 calendar days following billing, unless through prior arrangement with the Township's Chief Financial Officer.
c. 
Failure to submit timely payment within 30 calendar days of the billing date will result in the Chief Financial Officer requiring that the person or entity contracting for services establishes a prepaid escrow account or a performance bond for an amount sufficient to satisfy the established rates of compensation and administrative fees for the total estimated hours of anticipated service for the pending billing period for that job. Emergent requests for off-duty services are addressed in subsection 4-34.1g.
d. 
Prior to making an assignment of off-duty Police Officers, the Chief of Police, or designee, shall verify with the Chief Financial Officer that the contractor is not in arrears and, if so, that sufficient funds have been deposited in the existing escrow account or that a performance bond has been posted to ensure that sufficient funds are available to cover the officer's compensation and administrative fees.
e. 
When applicable, in the event that the funds in the escrow account become depleted, the off-duty services shall cease and requests for further or future services should not be performed or scheduled until sufficient funds have been allotted in the manner prescribed in subsection 4-34.1d.
f. 
The person or entity requesting off-duty officers shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
g. 
When applicable, if an escrow account is underfunded or becomes overdrawn, the underfunded/overdrawn escrow account will be charged a monthly fee of 1.5% of the shortfall until replenished.
[Ord. No. 1955-04 § 2]
a. 
All requests to employ off-duty police officers shall be made to the Chief of Police, or designee. Police Officers shall remain employees of the Police Department at all times and shall be subject to the policies, procedures, directives, rules and regulations of the Department, Prosecutor, and Attorney General of the State of New Jersey. Wages earned from extra duty employment shall not be applied towards pension benefits, nor shall any of the hours worked on extra duty employment be considered compensable as overtime under the F.L.S.A.
b. 
Assignments at licensed liquor establishments must conform with the current policy standards of the New Jersey State Attorney General.
c. 
The Township may establish a policy permitting sworn personnel of other law enforcement agencies to work off-duty assignments that cannot be filled by West Orange officers. The Chief Financial Officer shall establish payment procedures for these supplemental law enforcement personnel.
[Ord. No. 1955-04 § 2; Ord. No. 2456-15]
Because of the myriad types of assignments that Police Officers may be called upon to perform, it is reasonable that different rates apply.
a. 
Unless there are contractual agreements with a vendor/contractor to the contrary, the following rates of compensation apply:
1. 
Steady Security/Crowd Control Assignments. Steady security and crowd control assignments shall be paid at a rate of $32 per hour, per officer. This rate includes a $4 per hour, per officer administrative fee.
2. 
Special Event Security/Crowd Control Assignments. Special event security and crowd control assignments shall be paid at a rate of $45 per hour, per officer. This rate includes a $4 per hour, per officer administrative fee. Special event security/crowd control assignments are defined as assignments not worked on a regular/steady basis.
3. 
Special Event-New Year's Eve. Special event-New Year's Eve assignments shall be paid at a rate of $78 per hour per officer. This rate shall include a $3.50 per hour per officer administrative fee.
4. 
Traffic/Road Construction. Assignments for all traffic control at construction site assignments shall be as follows:
(a) 
Assignments between 12:00 a.m. on Monday and 11:59 p.m. on Friday shall be paid at a rate of $82 per hour, per officer. This rate includes a $7 per hour, per officer administrative fee.
(b) 
Assignments between 12:00 a.m. on Saturday and 11:59 p.m. on Sunday shall be paid at a rate of $97 per hour, per officer. This rate includes a $7 per hour, per officer administrative fee.
(c) 
All road construction assignments that require the use of a marked patrol unit shall be charged an additional $5 per hour, per vehicle fee. This is in addition to the administrative fees already billed. The assignment of the vehicle will be determined by the Police Administration and availability of the vehicles at the time of the request.
b. 
All assignments shall have a four hour minimum per officer contracted.
c. 
Officers are entitled to the minimum hours of compensation stipulated in subsection 4-34.3b if their assignment is cancelled upon their arrival at the job site without advance notice stipulated in subsection 4-34.4c.
d. 
Officers who begin an assignment, but who are cancelled prior to the completion of the assignment shall be entitled to the minimum compensation stipulated in subsection 4-34.3b or the number of hours worked, whichever is longer.
[Ord. No. 1955-04 § 2]
a. 
Persons or entities contracting for off-duty police services shall be aware that the officer(s) hired are not their personal employees and shall not be required to perform non-police related tasks. Police related tasks typically include traffic control, crowd control, and site security.
b. 
Unless specifically authorized by the Chief of Police, officers shall be in uniform.
c. 
Persons or entities that had contracted for off-duty officers and need to cancel the assignment must do so with sufficient advance notice, but at least two hours prior to the start of the assignment or be liable for the minimum compensation stipulated in subsection 4:34.3b. Notification shall be made on the main police telephone line, 973-325-4000.
d. 
Road construction contractors must provide the necessary traffic control devices in compliance with the prevailing Manual on Uniform Traffic Control Devices.
[Ord. No. 1955-04 § 2]
Any ordinances of the Township that are in conflict with this section are hereby repealed to the extent of such conflict.
[Ord. No. 1955-04 § 2]
If any part of this section shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this section.
[Ord. No. 1955-04 § 2]
This section shall take effect upon final passage and publication in accordance with the law.
[Ord. No. 2061-06 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein. 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.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2061-06 § 3; Ord. No. 2419-14]
No person shall feed any wildlife, excluding confined wildlife, anywhere within the Township.
[Ord. No. 2061-06 § 4]
The provisions of this section shall be enforced by the Director of the Department of Health or his/her authorized designee and the Police Director or his/her authorized designee.
[Ord. No. 2061-06 § 5]
Penalties shall be determined in accordance with West Orange Revised General Ordinances, Chapter 1, Section 1-5.
[Ord. No. 2156-07 § 2]
The purpose of this section is to control and prevent air pollution caused by the idling of diesel and gasoline powered motor vehicles that may jeopardize the health, welfare or safety of citizens or degrade the quality of life.
[Ord. No. 2156-07 § 3]
a. 
Pursuant to N.J.A.C. 7:27-14.3, no person may cause, suffer, allow or permit the engine of a diesel powered motor vehicle to idle for more than three consecutive minutes on streets within the Township of West Orange, if the vehicle is not in motion with the following exceptions:
1. 
A motor vehicle at the vehicle operator's place of business where the motor vehicle is permanently assigned may idle for 30 consecutive minutes; or
2. 
A motor vehicle may idle for 15 consecutive minutes when the vehicle engine has been stopped for three or more hours.
b. 
The provisions of paragraph a above shall not apply to:
1. 
A diesel bus while it is discharging or picking up passengers;
2. 
A motor vehicle stopped in a line of traffic;
3. 
A motor vehicle whose primary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or passenger compartment air conditioning;
4. 
A motor vehicle being or waiting to be examined by a State or Federal motor vehicle inspector;
5. 
An emergency motor vehicle in an emergency situation;
6. 
A motor vehicle while it is being repaired;
7. 
A motor vehicle while it is engaged in the process of connection or detachment of a trailer or exchange of trailers; or
8. 
A motor vehicle, manufactured with a sleeper berth, while it is being used, in a nonresidential zoned area, by the vehicle's operator for sleeping or resting, unless the vehicle is equipped with a functional auxiliary power system designed in whole or in part to maintain cabin or sleeper berth comfort or to mitigate cold weather start-up difficulties.
c. 
No person shall cause, suffer, allow or permit any emission control apparatus or element of design installed on any diesel-powered motor vehicle or diesel engine to be disconnected, detached, deactivated, or in any other way rendered inoperable or less effective, in respect to limiting or controlling emissions than it was designed to be by the original equipment or vehicle manufacture, except for the purposes of diagnostics, maintenance, repair or replacement and only for the duration of such operations.
[Ord. No. 2156-07 § 4]
a. 
Pursuant to N.J.A.C. 7:27-15.8, no person shall cause, suffer, allow, or permit the engine of a gasoline-fueled motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion.
b. 
The provisions of paragraph a above shall not apply to:
1. 
Autobuses while discharging or picking up passengers.
2. 
Motor vehicles stopped in a line of traffic;
3. 
Motor vehicles whose primary and/or secondary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or air conditioning.
4. 
Motor vehicles being or waiting to be examined by State or Federal motor vehicle inspectors;
5. 
Emergency motor vehicles in an emergency situation;
6. 
Motor vehicles while being repaired;
7. 
Motor vehicles while engaged in the process of connection, detachment or exchange of trailers; or
8. 
Motor vehicles manufactured with a sleeper berth while being used, in a nonresidential zoned area, by the vehicle's operator for sleeping or resting.
[Ord. No. 2156-07 § 5]
The Police Department of the Township of West Orange shall be responsible for enforcing this section.
[Ord. No. 2156-07 § 6]
Anyone guilty of violating any provisions of this section shall, for each and every violation, be liable upon conviction, to a fine in the minimum amount of $100 and shall also be liable to the maximum penalty stated in Chapter 1, Section 1-5.
[Ord. No. 2525-17 § 2]
As used in this section:
NOTICE
Shall mean a written notification identifying: (1) the make and model of the vehicle to be repossessed; (2) the vehicle identification number to be repossessed; (3) name of the vehicle owner/borrower from whom the vehicle will be recovered; (4) address or location of the vehicle to be repossessed; and (5) the approximate date and time of the repossession of the vehicle.
PRIVATE TOWING COMPANY
Shall mean a company retained by a holder(s) of lien(s) on a vehicle for the recovery of a vehicle possessed by an owner/borrower.
REPOSSESSION ACTIVITY
Shall mean the recovery of a vehicle from public or private property without the consent of the owner or operator of the vehicle by a Private Towing Company on behalf of a holder of lien on the vehicle.
[Ord. No. 2525-17 § 3]
Prior to any repossession activity, any private towing company operating within the Township of West Orange must provide notice to the Township of West Orange Police Department. The private towing company shall also provide the Township of West Orange Police Department with proof of its right to repossess the vehicle.
[Ord. No. 2525-17 § 4]
Any person convicted of violating this section shall be subject to a fine of not less than $500 and not more than $1,000 or imprisonment for a period not exceeding 90 days or both.
[Added 7-14-2020 by Ord. No. 2606-20]
a. 
The purpose of this section is to ban the use of tear gas, rubber bullets, concussion grenades and flexible batons (commonly referred to as "bean bag rounds"). Over the past several decades, numerous devices, including the aforementioned items, have become available which are specifically designed to cause discomfort and/or pain to the individual(s) upon whom they are used, while being less lethal than traditional firearms. While all of these devices are generally regarded as less dangerous to their targets than firearms, all entail significant risks if used improperly and/or under certain conditions. While fatalities caused by less lethal weapon usage are relatively infrequent, causes of death in the instances in which it has happened are varied: misplaced or ricocheting shots, preexisting medical conditions, inadequate user training, repetitive applications, and intentional misuse have all been implicated in different cases where death has occurred. Thus, because significant variations exist in individuals against whom these devices may be deployed in terms of preexisting health conditions and physiological conditions, and because these variations may not be identifiable by merely looking at a particular individual, the risks occasioned by the use of certain less than lethal weapon technologies outweigh their benefits. This section specifically excludes the discharge of oleoresin capsicum, commonly referred to as "OC spray" or "pepper spray." Each patrol officer within the Township of West Orange ("Township") is permitted to carry pepper spray and is ethically trained in its use and sustained misuse. Any sustained misuse of pepper spray is an excessive use of force.
b. 
Further, this section shall require the Township's Police Department to utilize body-worn camera technology and dashboard cameras consistent with the New Jersey Attorney General guidelines. Body-worn cameras ("BWC") and dashboard cameras ("dash cam") have great value in providing protection to police officers, the Township and the public at large. BWC and/or dash cams record information related to personal contacts, arrests and other patrol-related activities. Additionally, BWC and dash cams provide valuable instructional material to be utilized for training in the Township.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall 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.
BODY-WORN CAMERA
A video- and audio-recording device that is carried by, or worn on the body of, a law enforcement officer and that is capable of audio- and video-recording capabilities.
CHEMICAL DEVICE
Any type of device designed as less lethal, to be launched or thrown as a projectile, in order to cause injury or trauma to the intended target through the action of chemicals as an eye, throat, respiratory, and/or skin irritant, as a means of crowd control. For the purpose of this section, the term shall include any item commonly referred to as or having similar effects to "tear gas." This definition shall specifically exclude oleoresin capsicum, commonly referred to as "OC spray" or "pepper spray."
DASH CAM
A video- and/or audio-recording device that is mounted on a law enforcement vehicle and that is capable of audio- and/or video-recording capabilities.
EXPLOSIVE DEVICE
Any type of device designed as "less lethal," to be launched or thrown as a projectile, in order to disorient the intended target through noise, light, or concussive shock for the purpose of crowd control. For the purpose of this section, the term shall include, but not be limited to, concussion grenades, stun grenades, flashbang grenades, and sting grenades.
KINETIC DEVICE
Any type of device designed as "less lethal," to be launched from any device as a projectile, in order to cause injury or trauma to the intended target as a means of crowd control or dispersal. For the purpose of this section, the term shall include, but not be limited to, items commonly referred to as rubber bullets, rubber buckshot, soft polymer rounds, wax bullets, plastic bullets, beanbag rounds, sponge grenades, and kinetic ring airfoil projectiles.
LESS LETHAL
Designed to reduce the risk of causing fatal injury to the individual(s) upon whom they are used, when compared to the use of firearms or other deadly force.
The Township's Police Department shall maintain a written directive prohibiting any officer within the Township's Police Department from utilizing a chemical device, explosive device, or kinetic device, as defined above, against any other individual.
The Township shall provide the Township's Police Department with fully operable BWC and dash cams at all times. The Township's Police Department shall maintain a written directive outlining the use of BWC and dash cams consistent with New Jersey Attorney General guidelines and any guidelines promulgated by the Essex County Prosecutor.
The terms of this section shall be implemented by the Appropriate Authority as defined in West Orange Municipal Code § 2-14.4 and consistent with New Jersey State Law.
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this section, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this section, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are severable.
All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this section are hereby repealed to the extent of such conflict or inconsistency.
This section shall take effect upon final passage and publication in accordance with the law.
[Added 8-11-2020 by Ord. No. 2609-20]
The purpose of this section is to ban the use of certain use of force techniques within the Township of West Orange ("Township") and to require certain directives regarding use of force within the Township's Police Department. Over the past several decades, numerous important and impactful policies which reduce the potential harm caused by law enforcement have become a significant discussion throughout the nation. This section shall require the Township's Police Department to maintain written directives consistent with the New Jersey Attorney General Guidelines which address the use of force and related techniques by its officers to prevent positional asphyxiation, a form of asphyxia that prevents suspects from breathing adequately. Additionally, this section shall require comprehensive reporting and use of force reports. Lastly, this section shall require the Township's Police Department to maintain CALEA accreditation.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall 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.
CALEA
The Commission on Accreditation for Law Enforcement Agencies, Inc., a credentialing authority for law enforcement.
CHOKEHOLDS
A deliberate tight grip around a person's neck and/or back for a sustained period of time with the purpose to restrict their breathing and/or blood supply. This definition shall include strangleholds and/or carotid artery neck restraints.
DEESCALATION
The use of verbal skills, communication, command presence and body positioning to influence a situation to create an outcome that is safe for officers, subjects and the public in general. This definition shall include verbal deescalation techniques and physical deescalation techniques.
DIRECTIVE
Written policies and procedures consistent with the Attorney General Guidelines and Essex County Prosecutor.
POSITIONAL ASPHYXIATION
A form of asphyxia that prevents suspects from breathing adequately, including by kneeling or otherwise placing weight on a subject's neck as set forth by the Attorney General Guidelines.
USE OF FORCE CONTINUUM
Guidelines as to how much force may be used against a resisting subject in a given situation.
The Township's Police Department shall maintain one or more directives outlining the following: (i) a use of force continuum defining constructive authority, physical contact, physical force, mechanical force and deadly force; (ii) chokeholds, as defined above, shall not be permitted, except in the very limited situations when deadly force is necessary to address an imminent threat to life as set forth by the Attorney General Guidelines, dated June 5, 2020; (iii) deescalation techniques; (iv) an officer's duty to intervene in order to minimize the use of force whenever practicable; (v) an officer's requirement to utilize the least amount of force reasonably necessary to prevent the dangers associated with positional asphyxiation; (vi) an officer's requirement to identify themselves prior to shooting whenever reasonable, and (vii) a ban on discharging a firearm at or from a moving vehicle in any instance where deadly force is not otherwise justified. All directives shall be consistent with New Jersey Attorney General guidelines and any guidelines promulgated by the Essex County Prosecutor.
a. 
The Township's Police Department shall maintain a directive outlining the mandatory practice of use of force reports and comprehensive reporting consistent with New Jersey Attorney General guidelines.
b. 
The Township's Police Department shall maintain national accreditation and periodic certifications by CALEA and the Township shall provide funding for full compliance. Additionally, the Township's Police Department shall maintain training which meets or exceeds New Jersey Attorney General guidelines.
The terms of this section shall be implemented by the Appropriate Authority as defined in West Orange Municipal Code § 2-14.4 and consistent with N.J.S.A. 40A:14-118 and all other applicable New Jersey State Laws.
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this section, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this section, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are severable.
All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this section are hereby repealed to the extent of such conflict or inconsistency.
This section shall take effect upon final passage and publication in accordance with the law.