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Township of Hope, NJ
Warren County
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Table of Contents
Table of Contents
[1978 Code § 6-101]
No minor shall knowingly possess or consume any alcoholic beverage in any place or places of assembly or in any motor vehicle in or about the Township. Nothing in this subsection shall apply to possession of alcoholic beverages by any person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of Alcoholic Beverage Control, or for a bona fide hotel or restaurant in accordance with the provisions of Section 33:1-26 of the Revised Statutes.
[1978 Code § 6-101]
No person owning, keeping or having the management or control of any public dance hall where alcoholic beverages are sold or any tavern, whether licensed as such or not, or any agent or servant of such person, shall admit thereto or permit or suffer to be or remain therein any child under the age of 16 years unaccompanied by a parent, guardian or adult friend.
[1978 Code § 6-127; Ord. #7/12/82; Ord. #93-14, § 1]
No person shall drink or consume any alcoholic beverages in or upon:
a. 
A public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area, school premises, shopping center parking lot, shopping center mall or plaza.
b. 
A public conveyance.
c. 
A private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot or public or quasi-public place.
d. 
Any private property not his or her own, without the express permission of the owner or other person with authority to grant such permission.
e. 
Notwithstanding paragraph a above, the Board of Recreation Commissioners, pursuant to the powers granted to it under subsection 2-4.4 of the Revised General Ordinances of the Township of Hope, shall have the authority to permit the sale and consumption of alcoholic beverages in the public parks and recreation areas of the Township of Hope provided that a one day permit, signed by both the Township Committee and an authorized representative of the local state police, has been issued by the Division of Alcoholic Beverage Control.
[1978 Code § 6-128; Ord. #7/12/82]
No person shall carry about in his hand or on his person, or while in any parked or moving vehicle any glass, tumbler or open bottle or can containing alcoholic beverages or beverages of which alcoholic beverages are a part, whether the glass, bottle or can is clearly exposed or contained in a bag or cover, in any of the places designated in subsection 3-1.3.
[1978 Code § 6-128; Ord. #7/12/82]
Notwithstanding the provisions of subsections 3-1.3 or 3-1.4, nothing herein shall be constituted to prohibit the consumption or possession of alcoholic beverages within the licensed premises of a Plenary Retail Consumption Liquor License.
[1978 Code § 6-103]
a. 
It shall be unlawful for any person, either for himself or as agent or representative of another person, or as an officer or agent of any corporation, or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of $200 upon any bank or other depository knowing at the time of so doing 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 upon its presentation although no express representation is made in reference thereto.
b. 
The making, drawing, uttering or delivering of a check, draft or order as stated in the foregoing paragraph 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 in 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.
[1978 Code § 6-104]
No person shall hereafter erect or maintain a billboard or other structure for advertising purposes within the Township of Hope.
Nothing in this section shall be construed to prohibit any person from erecting or maintaining a billboard or other structure for the outdoor display of advertising matter on premises where the business advertised is carried on providing it is not in violation of other provisions of this Code.
[1978 Code § 6-107]
No person shall maliciously destroy, deface, damage or injure property and where the damage does not exceed the sum of $500 any person violating this section may be adjudged a disorderly person.
No person who being possessed of a dwelling house or other building, or part thereof, held for any term of years or other less term, or at will, or held over after the termination of any tenancy, shall unlawfully or maliciously:
a. 
Damage, deface or demolish the same or any part thereof; or
b. 
Pull down or sever from the freehold any fixture fixed in or to such dwelling house or building or part thereof.
[1978 Code § 6-108]
No person shall make, continue or cause to be made or continued any unnecessary or unusual sound or noise which either annoys, injures or endangers the comfort, repose, health or safety of others unless the making and continuing of the same be necessary for the protection, or preservation of property or of the health, safety, life or limb of some person or persons.
No person shall be noisy or shall by disorderly conduct, disturb or interfere with the quiet or good order of any place of assembly, public or private, including schools, churches, libraries and reading rooms.
[1978 Code 6-109]
No person shall, by word, act or other means, willfully and maliciously give or cause to be given a false fire alarm, a false police alarm or false alarm for medical treatment or first aid.
[1978 Code § 6-110]
No person shall, in or about the Township, play for money or other valuable thing at cards, dice or other game, with one or more dice or with any other instrument, engine or device in the nature of dice, having one or more figures or numbers, or at billiards, pool, tennis, bowls, or shuffleboard, or A.B.C. or E.O. tables, or other tables, or at faro bank, or other bank of a like nature by whatever name known or with any slot machine or device in the nature of a slot machine or with any other instrument, engine apparatus or device having one or more figures or numbers thereon, or shall gamble in any other manner not permitted by law.
[Ord. #07-07, § 2]
It shall be unlawful for any person to urinate or defecate on any highway, street, alley, sidewalk, parkway, public parking lot or other public place other than in a facility designed for that purpose.
[1]
Editor's Note: Former Section 3-8, Indecent Exposure, previously codified herein and containing portions of 1978 Code § 6-111 was repealed in its entirety by Ordinance No. 07-07.
[1978 Code § 6-112]
No person shall utter loud and offensive or profane or indecent language any public street or other public place, public conveyance or place to which the public is invited.
No person in any place, public or private, shall address or make audible in any offensive remarks to or concerning any passing person; or obstruct, molest or interfere with any person lawfully therein.
No person shall repeatedly telephone for the purpose of annoying or molesting other persons.
[1978 Code § 6-113]
No person shall write or cause to be written any lewd, indecent, or obscene word or words, mark or marks whatsoever, or draw or cause to be drawn any lewd, indecent or obscene figure upon any house, buildings, wall, fence or other place in the Township, or make any writing or mark on such places without permission of the owner.
[1978 Code § 6-114; Ord. #5/6/82]
No person, firm or corporation shall sell, offer for sale or display obscene material.
For the purposes of this Chapter "obscene material" shall mean any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation publication, sound recording, live performance, or film which by means of posing, composition, format or animated sensual details:
a. 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;
b. 
Lacks serious literary, artistic, political or scientific value, when taken as a whole; and
c. 
In a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the purient interest.
[1978 Code § 6-115]
No person shall interfere with, hinder, disturb or obstruct the proceedings, functions or deliberations of the Township Committee, the Board of Health or any other public body in the Township, or any other officials of the Township, nor shall any person molest, obstruct, hinder or interfere with any officer of the Township or any official engaged in the performance of his duty, or knowingly resist or oppose any person authorized by law to make arrests or to serve any writ, bill, order or process when the person so authorized is acting in the performance of his duty. Employees of the Board of Recreation Commissioners are officers of the Township for purposes of this section.
[1978 Code § 6-116]
No person shall have in his possession or custody any lottery slips, books or records pertaining to a lottery, nor shall any person have in his possession or have in his automobile in his custody any ticket or tickets, slip or slips, paper, document or memorandum in any way pertaining to the business of a number game. "Number Game" as used in this section means any betting on any number or numbers or sets or arrangements of numbers on or according to any plan or method whatsoever. This section shall not apply to any lottery or number game authorized by law.
[1978 Code § 6-117; Ord. #2015-03]
No person shall unnecessarily obstruct any street, avenue, road, highway, alley or public place with any kind of box or boxes, lumber, wood or any other thing.
[Ord. #2015-03]
The owner, occupant or tenant on any street in the Township in which a sidewalk passes shall be responsible for the repair, maintenance and replacement of the sidewalk on the property and shall keep same free from snow, ice, grass, weeds, limbs and branches of trees or shrubs, debris and other obstructions.
[Ord. #2015-03]
The owner or owners of premises abutting or bordering any street in the Township of Hope shall remove all snow and ice from the adjoining sidewalk of such street to create a clearing no less than twenty-four (24") inches in width or, in the case of ice, which may be so frozen as to make removal impractical, shall cause same to be thoroughly covered with sand or ash within (12) hours of daylight after the snowfall concludes or the ice forms thereon.
[Ord. #2015-03]
If the Township or its authorized agent determines that a sidewalk is in such state of disrepair that it requires repair, maintenance, and/or replacement and an owner or tenant occupant fails to take such steps to repair, maintain and/or replace, the owner or tenant shall be given 60 days from the date of written notice to make the necessary repair, maintenance or repair. If owner or tenant occupant fails to address the reason for the notice within 60 days, the Township may take all necessary actions to issue a violation and/or to repair, maintain or replace the sidewalk without further notice. Any owner, tenant or occupant may within 15 days of receipt of notice from the Township, make a written application for an extension of time to repair, maintain or replace which may be granted for a good cause shown.
[Ord. #2015-03]
a. 
All trees or shrubs planted on private property that stand along public sidewalks and public streets, the branches of which extend over any part of a public sidewalk or a public street, shall be trimmed by the owner, occupant or tenant of the premises that directly front upon that part of the sidewalk or street along which the trees or shrubs stand. Such owner, occupant or tenant shall keep the branches and limbs of such trees or shrubs trimmed and cut so that no limb or branch shall overhang the public sidewalk or the public street at a height of less than eight (8') feet above ground level.
b. 
If the Township or its authorized agent determines that the owner or tenant occupant of a property has failed to trim his/her/its trees or shrubs and are overhanging a public sidewalk or the public street, the owner or tenant shall be given 60 days from the date of the notice to trim the overhanging trees or shrubs. If owner or tenant occupant fails to address the reason for the notice within 60 days, the Township may take all necessary actions to issue a violation and/or to trim the overhanging trees or shrubs without further notice. Any owner, tenant or occupant may within 15 days of receipt of notice from the Township, make a written application for an extension of time to repair, maintain or replace which may be granted for a good cause shown.
c. 
The owner or tenant occupant is responsible for any trees or shrubs located on his/her/its property regardless of whether these trees or shrubs are located within any municipal, County or State road right-of-way.
[Ord. #2015-03]
The costs and expenses incurred by the Township for the repair, maintenance and/or replacement of the sidewalks or trimming of overhanging trees shall be ascertained by the Committee and certified to be assessed by the Township and such expense shall be added to and form a part of the Township's taxes next to be levied and assessed on the lot or lots and land in front of which the sidewalk passes. The costs and expenses levied by the Township may include all costs related to postage, publication or legal fees incurred by the Township to notify owner or tenant occupant.
[Ord. #2015-03]
Any owner or tenant occupant who violates the above subsections of this section shall, upon conviction thereof, be punished by a fine not exceeding $250 together with the cost of prosecution incurred by the Township of Hope.
[1978 Code § 6-118]
No person shall practice prostitution nor shall any person, by word, act, sign or any device, invite or solicit unlawful sexual intercourse or any other unlawful, indecent, lewd or lascivious act. No person shall maintain or cause or permit to be maintained, a disorderly house or house of ill fame in any building or structure, or on any premises owned, occupied or controlled by him; nor shall any person permit any building or other structures or any premises owned or occupied or controlled by him to be frequented or used by noisy, riotous or disorderly person, or by prostitutes, gamblers or vagrants.
[1978 Code § 6-119]
No person shall discard or abandon in any public or private place accessible to children, whether or not such children are trespassers, any refrigerator or ice box having a capacity of one and one-half (1 1/2) cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, or being the owner, lessee or manager of such place, shall knowingly permit such abandoned or discarded refrigerator, icebox or chest to remain there in such condition.
[1978 Code § 6-120]
No person shall operate or cause to be operated, or shall attempt to operate or cause to be operated, any automatic vending machine, slot machine, coin box, telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method or trick or device not lawfully authorized by the owner, lessee, or licensee of such machine, coin box, telephone or receptacle; and no person shall take, obtain or receive from or in connection with any such automatic vending machine, slot machine, coin box telephone or other receptacle; any goods, wares merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service, or any musical instrument, phonograph or other property or service, without depositing in and surrendering to such machine, coin box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine, coin box telephone or receptacle.
[1978 Code § 6-121]
No person shall willfully or maliciously remove, deface or alter any notice posted pursuant to law and forbidding trespassing, with intent to destroy such notice.
[1978 Code § 6-122]
No person shall mutilate or remove any notice or damage, deface, destroy or remove, any warning sign or signal or remove any barricade placed or posted on any highway in connection with or relating to the closing of any road.
[1978 Code § 6-122]
No person shall drive any vehicle over or upon the closed portion of any highway.
[1978 Code § 6-123; Ord. #2008-06, § 1]
No person shall cast, shoot or throw anything at or against or into any vehicle, railroad car, airplane or other facility of transportation or shall place any stick, stone or other substance upon any railroad track with intent to injure any car passing thereon, or the passenger therein.
No person shall place or throw or suffer or permit the depositing of any stone, sticks, glass, snow or ice or any hard, dangerous or offensive substance upon any street, avenue, road, highway or other public thoroughfare; nor shall any person throw any such object or substance at, upon or against any person, vehicle of transportation, building or other structure.
No person shall place, deposit or permit, the depositing of any household garbage or trash in any street trash receptacle or Township dumpster.
[1978 Code § 6-124]
No person shall enter any building, or trespass on any lands, belonging to the Board of Education of the Township of Hope, or the Township of Hope, or the Recreation Commission of the Township of Hope, or break or injure or deface such buildings or any part thereof, or fences or outbuildings belonging to or in connection with such building or lands, or disturb the exercises of such school or any events conducted by the Board of Recreation Commissions, or molest or annoy children attending any such schools or any teachers thereof.
[1978 Code § 6-125]
It shall be unlawful for any person to invade the privacy of any other person by going upon the private property of others, by stealth for the purpose of peeping through windows, doors, or other openings.
[1978 Code § 6-126]
All acts constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injuries to or unlawful interference with persons, hazards to the public health and breaches or disturbances of the peace not expressly hereinbefore mentioned as severally prohibited.
[1978 Code § 9-201]
As used in this section:
AIRCRAFT
Shall mean any contrivance now known or hereafter invented used or designed for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle.
COMMERCIAL HANDBILL
Shall mean any printed to written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.
a. 
Which advertises for sale any merchandise, produce commodity or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of the clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either or the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this Township; or
d. 
Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground recreation center or other public area in the Township, owned or used by the Township and devoted to active or passive recreation.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Shall mean any dwelling house, building, or other structure designed or used either wholly or in part for private residential purposes, whether uninhabited or temporarily or continuously inhabited or vacant and shall include but not be limited to, any yard grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys on other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, beddings, crockery, and similar materials.
TOWNSHIP
Shall mean the Township of Hope.
VEHICLE
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1978 Code § 9-202]
No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the Township except in public receptacles or in authorized private receptacles for collection.
[1978 Code § 9-203]
No person shall throw or deposit litter on any open or vacant private property within the Township whether owned by such person or not.
[1978 Code § 9-204]
No person shall throw or deposit litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
[1978 Code § 9-205]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[1978 Code § 9-206]
No person shall sweep into or deposit in any gutter, street or other public place within the Township the accumulation of litter from any building 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.
[1978 Code § 9-207]
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street alley or other public place.
[1978 Code § 9-208]
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill, or any other object.
[1978 Code § 9-209]
No person shall throw or deposit litter, in any park within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere as provided herein.
[1978 Code § 9-210]
No person shall throw, post or deposit litter in any lake, stream, pond, brook, fountain, swamp, marsh or any other body containing water within the Township.
[1978 Code § 9-211]
No person shall throw, post or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[1978 Code § 9-212]
No person shall throw, post or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
[1978 Code § 9-213]
No person shall throw, post, deposit or distribute, any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words; "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
[1978 Code 9-214]
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises provided, however, that in cases of inhabited private premises which are not posted, as provided in this subsection such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon said inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations.
a. 
Exemption for Mail and Newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property.
[1978 Code § 9-215]
No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
[1978 Code 9-216]
The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
[1978 Code § 9-301]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include any street, highway, road, alley, or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section or in the case of a minor, not owned or under the control of his parent or guardian.
[1978 Code § 9-302]
No person shall loiter in a public place in such manner as to:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
Obstruct, molest, or interfere with any person lawfully in any public place as defined in this section. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[1978 Code § 9-303]
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-24.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[1978 Code § 9-304]
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.
[1978 Code § 9-305]
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified of this fact by the Chief of Constables or any other person designated by him to give such notice.
[1978 Code § 9-306]
If at any time within 30 days following the giving of notice as provided in subsection 3-24.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1978 Code § 9-307]
Because of repeated prior actions of loitering as herein defined, on or about the time of Halloween, normally October 31 of each year, the presence of a minor under the age of 18 years in a public place unaccompanied by an adult shall be presumed to be loitering in the absence of evidence to the contrary at the following times:
a. 
The night before Halloween from 10:00 p.m. until midnight.
b. 
The morning of Halloween from 12:01 a.m. until 6:00 a.m.
c. 
The evening of Halloween from 10:00 p.m. until midnight.
d. 
The morning after Halloween from 12:01 a.m. until 6:00 a.m.
[1978 Code § 9-401]
Motor boat as used in this section shall mean any boat or other means of locomotion on water propelled other than by sail or muscular power.
[1978 Code § 9-402]
No person or persons, firm or corporation shall operate any motor boat in or upon the waters of any lakes, ponds, or other bodies of water within the Township other than powered by an electric motor boat not to exceed two horsepower.
[1]
Editor's Note: Former Section 3-27, Snowmobiles, previously codified herein and containing portions of 1978 Code §§ 9-601 • 9-603 was repealed by Ordinance No. 92-14.
[Ord. #92-14]
The restrictions upon and the regulations governing the operation and maintenance of motor-propelled vehicles within the limits of the Township are hereby established for the purpose of promoting public safety and convenience, and for the purpose of preserving and caring for the health, safety and general welfare of the inhabitants of and visitors of the Township, in that the widespread use and operation of motor-propelled vehicles in the Township creates a condition that causes distractions which endanger the safety, convenience and general welfare of the inhabitants of the Township and visitors thereto.
[Ord. #92-14]
As used in this section:
MOTOR-PROPELLED VEHICLE
Shall mean any vehicle fitted to run on wheels, cleats, skids, skis or runners which is driven or powered by any type of motor or propelled by any other means, except vehicles propelled solely by muscular or battery power, and shall include but not be limited to, two-, three- or four-wheel all-terrain vehicles, minibikes, go-carts, trail bikes, sport bikes, trikes, motorized sleds, snowmobiles and any similar type of sport vehicle. Not included, but specifically excluded from this definition and the prohibitions set forth by this Chapter, are vehicles used primarily for handicap purposes and power equipment such as lawn mowers customarily used for the maintenance of properties, lawns and fields.
PRIVATE PROPERTY
Shall mean all land in the Township of Hope, in the County of Warren, other than public property and other than public streets, roads and highways.
PUBLIC PROPERTY
Shall mean lands and interest in all real property owned by or leased to the Township of Hope, in the County of Warren, or owned by or leased to any other municipal corporation or political subdivision of the State of New Jersey, specifically including all public streets, roads and highways in the Township.
[Ord. #92-14]
It shall be unlawful to operate a motor-propelled vehicle under the following circumstances:
a. 
On private property of another without the express permission to do so by the owner or occupant of the property;
b. 
On public grounds within the Township without the express permission or approval of the proper public authority and then only in accordance with such rules and regulations as such public authority may impose;
c. 
Without any muffler device, or, in the case of vehicles with two-cycle engines, without any spark arrestor;
d. 
In the manner creating loud or unusual noise so as to disturb or interfere with the peace, quiet or health of other persons;
e. 
In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety or property of any person;
f. 
Between the period of time occurring 1/2 hour before sunset and 1/2 hour after sunrise; this provision does not apply to snowmobiles;
g. 
Without the use by the operator, while the vehicle is in operation, of helmet and goggles.
[Ord. #92-14]
Any person 18 years of age or over who violates or fails to comply with any of the provisions of this section shall, upon conviction, be punishable by a fine of not more than $500 or by imprisonment in the County Jail for a term of up to 90 days, or both.
Any person under 18 years of age who violates or fails to comply with any of the provisions of this section shall, for the first offense, be warned by the police, and a letter shall be sent separately to the parent or guardian of the violator. Upon conviction for a second offense, the parent or guardian shall be subject to the penalties described in subsection 3-27.4a above.
[Ord. #88-13 § 1]
In accordance with and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7), the drug-free school zone map produced on or about August, 1988 by N.B. Rodman, P.E., municipal engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
[Ord. #88-13 § 2]
The drug-free school zone map approved and adopted pursuant to subsection 3-28.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[Ord. #88-13 § 3]
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the municipal engineer and the municipal attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. #88-13 § 4]
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-28.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the county clerk and to the office of the Warren County Prosecutor.
[Ord. #88-13 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-28.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-28.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
[Ord. #92-12]
The occasional sale of goods, wares, or merchandise on or from property principally used as a residence (commonly known as a patio, garage, rummage, or yard sale) is permitted subject to the following terms and conditions:
a. 
No persons shall accept for sale or sell any goods, wares or merchandise from any commercial business or enterprise on a consignment or resale basis.
b. 
No more than two signs not larger than two (2') feet by three (3') feet each advertising such sale should be posted within the Township. The signs shall be erected not sooner than one day before the date of the sale and shall be immediately removed at the end of the last day upon which the sale is held. Any such sign erected shall be placed in such a manner as not to create a traffic hazard.
c. 
Not more than three such sales shall be conducted per year at any one premises.
d. 
The sales shall be advertised and confined to a period between 8:00 a.m. and 6:00 p.m. and shall not exceed two days.
e. 
Each sale shall be conducted so as not to create any traffic or safety problem in the Township. The person conducting such sale shall take all necessary precautions to insure that no traffic or parking problems or individuals trespassing on property of others shall occur.
f. 
No merchant or operator of a mercantile or other business establishment shall conduct any sales of merchandise on residential premises.
g. 
No person shall conduct a sale as defined by this section during any parade or festival without first obtaining any necessary authorizations, permits and/or licenses required by the rules and regulations of the organizers of the parade or festival and/or required by Township ordinance.
h. 
Prior to conducting each sale, a garage sale permit shall be obtained from the Township Clerk. The cost of the permit shall be $2.
[Ord. #92-12]
The provisions of this section shall not apply to the following persons or sales:
a. 
Persons selling goods, wares, or merchandise pursuant to court order or process;
b. 
Persons acting pursuant to their powers and duties as public officials;
c. 
Any outdoor display or sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such display or sale is permitted by the Zoning Ordinance of the Township of Hope or under the protection of the nonconforming use section thereof. This section shall not be construed to expand or modify the Township Zoning Ordinance;
d. 
Auctions conducted by a professional auctioneer.
[Ord. #92-12]
Any person violating any of the provisions of this section shall be fined and sentenced in accordance with the general penalty provisions of Chapter 1-5 of the Revised General Ordinances of Hope Township.
[Ord. #00-01, § I]
In accordance with and pursuant to the authority of P.L. 1999 Ch. 185, the following is a list of school crossings which have been so designated by the Township of Hope:
a. 
Said cross-walk crossing the Hope-Great Meadows Road (County Route 611) in a east/west direction along or near the southerly side of the intersection with Hope-Johnsonburg Road (County Route 519).
b. 
Said cross-walk crossing the Hope-Johnsonburg Road (County Route 519) in a northwesterly/southeasterly direction along or near the easterly side of the intersection of Millbrook Road and Hope-Johnsonburg Road.
[Ord. #00-01, § I]
The drunk driving-free school zone map produced on or about April 12, 2000 by N. B. Rodman, P.E., the Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school on school land and of the areas on or within 1,000 feet of such school property.
[Ord. #00-01, § I]
The drunk driving-free school zone map approved and adopted pursuant to subsection 3-30.2 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drunk driving-free school zones. The list of school crossings designated above by the Township Committee shall continue to constitute an official finding and record of the location of school crossing zones within the Township of Hope until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in Hope Township.
[Ord. #00-01, § I]
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the office of the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes or of any additions or deletions to school crossings.
[Ord. #00-01, § I]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-30.2 of this section and the list of school crossings designated by subsection 3-30.1 of this section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map and list approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this section shall be provided without cost to the Warren County Clerk and to the office of the Warren County Prosecutor.
[Ord. #00-01, § I]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map and list approved and adopted pursuant to this section were prepared and are intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this State and that, pursuant to State law, such map and list shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes;
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property; and
5. 
The location of all school crossings in the Township of Hope.
[Ord. #05-08, § 1]
Engine-braking shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle.
[Ord. #05-08, § 1]
It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Hope, any mechanical exhaust or decompression device which results in the practice known as engine-braking.
[Ord. # 05-08, § 1]
The provisions of this section shall not apply to engine-braking where necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as engine-braking, which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt.
[Ord. #05-08, § 1]
The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine-braking.
[Ord. #05-08, § 1]
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this section shall be punished for a first conviction thereof by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment; for a second such conviction, such person shall be punished by a fine of not more than $200 or by imprisonment for a period not to exceed 20 days, or by both such fine and imprisonment; and upon the third or any subsequent conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
[Ord. #2005-11, § 1]
a. 
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 Hope Township School District when the student is not eligible to attend.
b. 
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 student in the Hope Township School District who is not eligible to attend.
[Ord. #2005-11, § 1]
Any person violating or failing to comply with the provisions of this section shall, upon conviction thereof, be sentenced to a fine not exceeding $1,250 for each day this section is violated or by a term of imprisonment in the County Jail not to exceed 90 days, or a sentence of community service not to exceed 90 days.