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.
[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; amended 2-15-2022 by Ord. No. 2676-22]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean (a) any material or substance that, by reason
of its composition or characteristics, is either (i) toxic or hazardous
waste as defined in either the Solid Waste Disposal Act, 42 U.S.C
6901 et seq. as replaced, amended or supplemented, or any laws of
similar purpose or effect, and such rules or regulations promulgated
thereunder, or (ii) special nuclear of by-product materials within
the Atomic Energy Act or effect, and such rules or regulations promulgated
thereunder; or (b) other materials which the New Jersey Department
of Environmental Protection or the United States Environmental Protection
Agency or any governmental body shall determine from time to time
is harmful, toxic or dangerous or otherwise ineligible for disposal
at the selected facility.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlit
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal plastic
or paper containers or other packaging or construction material generated
by a pedestrian, passerby or customer as a result of consuming in
a public area, opening a product which produces wrappers or packaging,
disposal of products and similar waste. Litter also includes sidewalk
and street sweepings.
Shall mean any container designated for the depositing of
litter.
Is any and all streets, boulevards, alleys, beaches or public
ways, and any and all public parks, squares, spaces, docks, grounds
and buildings.
Shall mean those materials which would otherwise become nonhazardous
solid waste and which may be collected, separated, or processed and
returned to the economic mainstream in the form of raw materials or
products as defined within the West Orange Municipal Code.
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.
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.
Shall be defined as set forth in N.J.A.C. 7:26-1.6 or any
successor or amendment under applicable State law and shall include
each Solid Waste Type as defined in N.J.A.C. 7:26-2.13(g) or any amendments
thereto.
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.
[Added 2-15-2022 by Ord. No. 2676-22]
a.
It shall
be unlawful for any person to transport or dispose of solid waste
in excess of 0.148 cubic yards or 30 U.S. gallons of liquids to or
at disposal sites, which are not authorized by the New Jersey Department
of Environmental Protection to accept solid waste.
b.
It shall
be unlawful for any person to discard or dump along any street or
road, on or off any right-of-way, litter receptacle, any household
or commercial property, liter, solid waste, rubbish, refuse, recyclable
materials, hazardous waste, vehicle or vehicle parts, furniture or
private property in any place not specifically designated for the
purpose of solid waste storage or disposal.
c.
No person
who owns any property in the Township or who is in possession of the
property, or who is in control of the property shall allow or permit
any person or entity to dump any solid waste, rubbish, refuse, or
other material defined in this section upon the property.
d.
In addition
to the penalties set forth in Section 1.8, any person or entity who
violates this Section and refuses or neglects to abate or remedy the
condition complained of within 10 days after receipt of notice, shall
be liable for all costs and reimburse the Township of West Orange
for all expenses related to abating the violation.
[1972 Code § 5-1.7; amended 2-15-2022 by Ord. No. 2676-22]
[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:
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.
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.
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.
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:
[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; amended 7-13-2021 by Ord. No. 2647-21]
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. This prohibition
shall not apply to the legal advertisement, legal display, legal dispensing,
legal sale, or legal use of marijuana or other cannabis products pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A.
24:6I-1, et. seq.; the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31,
et. seq.; or any other State Law.
[1972 Code § 5-30.2; Ord. No. 527-79 § 2; amended 7-13-2021 by Ord. No. 2647-21]
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. Except that this provision shall
not apply to the legal manufacturing, legal distribution, legal dispensing,
legal administration, legal sale or legal use of marijuana or other
cannabis products pursuant to the Jake Honig Compassionate Use Medical
Cannabis Act, N.J.S.A. 24:6I-1, et. seq.; the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, N.J.S.A. 24:6I-31, et. seq.; or any other State Law.
[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.
[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]
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:
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.
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:
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:
Shall mean the exposure to sight of the private parts of
the body in a lewd or indecent manner.
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.
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.
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.
[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:
Shall mean any real property within the Township which is
not a street.
Shall mean the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to the
use of the public for purposes of vehicular travel.
Shall mean a machine propelled by other than human power,
designed to travel along the ground by use of wheels, treads, runner
or slides, and transport persons or property or pull machinery, and
shall include, without limitation, automobile, truck, trailer, motorcycle,
tractor, buggy and wagon.
[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:
[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:
Shall include a vehicle propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles.
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:
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:
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.
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.
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.
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]
[1972 Code § 5-24.1]
As used in this section:
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.
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.
[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:
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.
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:
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.
[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]
[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]
[Ord. No. 1220-93; New]
a.
CONSTRUCTION EQUIPMENT
FLAT BED TRUCK
PARK OR PARKING
STORE
TOW TRUCK
Definitions. As used in this subsection:
Shall mean machinery or equipment used in the building, construction
or excavating industries such as a backhoe or bulldozer.
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.
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.
Shall mean keeping for safe care or custody whether temporarily
or permanently.
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.
[Ord. No. 1221-93]
a.
PARK OR PARKING
PERSON
RECREATIONAL VEHICLE
STORE
Definitions. As used in this subsection:
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.
Shall include natural persons, firms, associations, partnerships
and corporations.
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).
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.
[Ord. No. 1222-93; New]
a.
MOTOR VEHICLE
PARK OR PARKING
POLE TRAILER
ROAD TRACTOR
SEMITRAILER
TRAILER
TRUCK TRACTOR
VEHICLE
Definitions. As used in this subsection:
Shall include all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles.
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.
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.
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.
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.
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.
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.
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:
Shall mean any person over the age of 21 who is responsible
for the care, custody and control of any juvenile.
Shall mean any person other than a parent who has legal custody
of a juvenile and is over the age of 21.
Shall mean any person under the age of 17.
Shall mean the natural or adoptive parent of a juvenile having
obtained the age of 17.
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:
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.
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.
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]
[Ord. No. 1773-01 § 1; Ord. No. 1789-01 § I; amended 1-4-2022 by Ord. No. 2670-21]
a.
Smoking of cigarettes, including electronic cigarettes, the use of
tobacco products, and the smoking or consumption of cannabis products
within public parks, playgrounds, ballfields and schoolgrounds shall
be prohibited within the Township of West Orange.
b.
Smoking of cigarettes, including electronic cigarettes, the use of
tobacco products, and the smoking or consumption of cannabis products
shall be prohibited within the Oskar Schindler Performing Arts Center
located at 4 Boland Drive.
[Ord. No. 1773-01 § 2]
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.
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.
[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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[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]
[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:
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]
[Ord. No. 2525-17 § 2]
As used in this section:
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.
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.
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.
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.
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."
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.
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.
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.
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]
[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.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
The Commission on Accreditation for Law Enforcement Agencies,
Inc., a credentialing authority for law enforcement.
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.
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.
Written policies and procedures consistent with the Attorney
General Guidelines and Essex County Prosecutor.
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.
Guidelines as to how much force may be used against a resisting
subject in a given situation.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
[Added 8-11-2020 by Ord. No. 2609-20]
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.
[Added 8-11-2020 by Ord. No. 2609-20]
This section shall take effect upon final passage and publication
in accordance with the law.
[Added 9-14-2021 by Ord.
No. 2654-21]
The body will be known as the West Orange Township Civilian
Complaint Review Board.
[Added 9-14-2021 by Ord.
No. 2654-21]
a.
The Civilian Complaint Review Board shall consist of seven members
chosen as follows:
1.
Three members shall be selected by the Council as a whole by majority
vote;
2.
Four members shall be selected by the Mayor;
3.
The chair of the Board shall be selected by the Mayor from the seven
members;
4.
All members shall undergo a criminal history background check. No
person shall serve on the CCRB if convicted of a crime or offense
as set forth in the Attorney General Guidelines;
5.
Prior to serving on the Board, Members shall go through a training
process approved by the County Prosecutor's office on the confidentiality
of internal affairs records.
6.
A quorum of five members must be present to meet;
7.
Members shall sign a sworn statement that they will comply strictly
to confidentiality policies and agree no social media posts of any
kind shall occur during his/her term of service related to the Township;
8.
Violations of confidentiality will result in removal from the CCRB
and may subject the individual to civil and criminal penalties without
indemnification from the Township;
9.
No person shall serve on the CCRB if they have a conflict under the
Attorney General Guidelines or N.J.S.A. 52:13D-21.2(2)(d) or any other
law, regulation or ordinance; and
10.
All Board members shall have term limits of four years and may not
be reappointed unless a break in service of at least four years occurs.
b.
Terms for Board members shall be four years. Meetings shall take
place in a closed session whenever the content of internal affairs
are discussed. The review shall take place only in a secure location
designated by the Chief of Police or Mayor.
[Added 9-14-2021 by Ord.
No. 2654-21]
Board members are entitled to review complaints and present
their conclusions to both the Mayor and the Chief of Police (Chief).
They may also request additional information or clarification regarding
the findings or decisions made in the course of the internal affairs
investigations, or request that the internal affairs investigation
be reopened. The Board may not override any finding or decision made
as a result of the internal affairs process, nor do they have the
power to impose discipline, require another official to impose discipline,
immunize any person from prosecution or render any finding or decision
that requires deference from any other official. They may not commence
an investigation of a particular civilian complaint or incident until
after any criminal and/or internal affairs investigations have concluded
and any resulting discipline has been imposed. Information will be
public in 30 days.
