[Ord. 12/4/50 § 1]
It is hereby declared to be a nuisance and it shall be unlawful
for any person to make, cause or suffer or permit to be made or caused
upon any premises owned, occupied or controlled by him, or upon any
public street in the Town, any unnecessary noises or sounds by means
of the human voice, or by any other means or methods which are physically
annoying to persons or which are so harsh, or so prolonged or unnatural,
or unusual in their use, time and place as to occasion physical discomfort
or which are injurious to the lives, health, peace and comfort of
the inhabitants of the Town, or any number thereof.
[Ord. 12/4/50 §§ 2
- 5; Ord. #019/03]
a.
Radios, Phonographs, Musical Instruments, Etc. It shall be unlawful
for any person to play, use, operate or permit to be played, used
or operated any radio receiving set, musical instrument, phonograph
or other machine or device for the production or reproduction of sound
with louder volume than is necessary for convenient hearing of the
person so playing, using or operating such instrument or device and
such persons who are voluntary listeners thereto, or in such manner
as to disturb the peace, quiet and comfort of neighboring inhabitants.
Nothing herein contained shall be construed to prohibit playing by
a band or orchestra in a hall or building.
b.
Advertising. It shall be unlawful for any person for advertising
purposes or for the purpose of attracting the attention of the passing
public, to play, use, operate, or permit to be played, used or operated
any radio receiving set, musical instrument, phonograph, loud-speaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound on the streets or public places of the Town or any place
where the sound therefrom is cast directly upon the streets or public
places or which is so placed and operated that the sound therefrom
can be heard to the annoyance or inconvenience of travelers upon any
street or public place, or of persons in neighboring premises.
c.
Loud Speaker or Sound Amplifier. It shall be unlawful for any person
either as principal, agent or employee to play, use or operate for
advertising purposes, or for any other purpose whatsoever, on or upon
the public streets in the Town, any device known as a sound truck,
loud-speaker or sound amplifier, or radio or phonograph with a loudspeaker
or sound amplifier, or any other instrument known as a calliope or
any instrument of any kind or character which emits therefrom loud
and raucous noises and is attached to and upon any vehicle operated
or standing upon the streets or public places.
d.
Horn or Warning Device. It shall be unlawful for any person to sound
any horn or warning device on any automobile, motorcycle, bus or other
vehicle except when required by law, or when necessary to give timely
warning of the approach of the vehicle or as a warning of impending
danger to persons driving other vehicles or to persons upon the street.
No persons shall sound any horn or warning device on any automobile,
motorcycle, bus or other vehicle which shall emit an unreasonable
loud or harsh sound, or for any unnecessary or unreasonable period
of time.
e.
The erection (including excavation), demolition, alteration or repair
of any building or sidewalk other than between the hours of 8:00 a.m.
and 6:00 p.m., Monday through Saturday is prohibited, except in the
case of an emergency in the interest of public health or safety or
as permitted by the Guttenberg Construction Code Official.
1.
The Construction Code Official may issue a permit for the defined
work listed above, during prohibited hours, if in his opinion there
are extraordinary circumstances to justify same. Such permit may be
granted for a period not to exceed one month and must be renewed for
any successive month.
[Ord. 12/4/50 § 6]
[1]
Editor's Note: Former Section 3-2, Loitering, previously codified
herein and containing portions of Ordinance 3/19/73, was repealed
in its entirety by Ordinance No. 001-10.
[New]
No person shall serve, sell, dispense, drink or consume any
alcoholic beverage on a public street of this Town or upon any public
grounds, parks, sidewalks or in any automobile or other vehicle or
any other means of transportation while on the public streets, public
grounds, parks or sidewalks.
[New]
No person shall possess any open bottle, can or container which
contains alcoholic beverages on any public street of this Town or
upon any public grounds, parks, sideways or in any automobile or other
vehicle or any other means of transportation while on the public streets,
public grounds, parks or sidewalks.
[Ord. 11/17/86 § 1]
[Ord. 8/17/88 § 1]
As used in this section:
Shall mean any used or unconsumed substance or waste material
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, any unlighted cigarette, cigar,
match, or any flaming or glowing material or any garbage, trash, refuse,
debris, rubbish, grass clippings, leaves or other law or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers,
and packaging or construction materials, but does not include the
waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
[Ord. 8/17/88 § 2]
The use of litter receptacles shall be required at the following
public places, which exist or are planned for the future in the municipality.
The proprietors of these places or sponsors of these events shall
be responsible for providing and servicing the receptacles such that
adequate containerization is available.
a.
Buildings held out for use by the public, including schools and government
buildings;
b.
Sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear 1/4
mile without a receptacle;
c.
All parks and other recreation areas;
d.
All street vendor locations;
e.
All self-service refreshment areas;
f.
All construction sites;
g.
All shopping centers;
h.
All gasoline service station islands;
i.
All marinas, boat moorages and fueling stations, all boat launching
stations and all public and private piers operated for public use;
j.
All special events to which the public is invited, including sporting
events, parades, carnivals, circuses, barbecues and festivals.
[Ord. 3/16/08 § 1; Ord. 8/17/88 § 11]
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature whatsoever upon public or
private property, other than in a litter receptacle or structure or
container designated for the collection of the particular item.
[Ord. 3/16/08 § 2; Ord. 8/17/88 § 12]
It shall be the duty of the owner, lessee, tenant, occupant,
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free from
any obstruction or litter of every kind and to keep sidewalks, areaways,
backyards, courts, and alleys free from litter and other offensive
material.
[Ord. 3/16/08 § 2; Ord. 8/17/88 § 12]
No person shall sweep into or deposit in any gutter, street,
catch basin, or other public place any litter or accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free from litter. All sweepings shall be collected
and properly containerized for disposal.
[Ord. 8/17/88 § 8]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked on any street or roadway unless such vehicle is constructed
or loaded to prevent its load or any part thereof from dropping, sifting,
leaking or otherwise escaping therefrom. Any person operating a vehicle
from which any object or substance has fallen or otherwise escaped,
which object or substance could cause a traffic obstruction, damage
a vehicle or otherwise endanger persons or property, shall immediately
cause the area to be cleaned of all such objects or substances and
shall pay the costs for such cleaning.
[Ord. No. 15-2018]
It shall be unlawful for any person to throw, drop, discard,
or otherwise dispose of their residential (household) and/or commercial
(business) trash into any public trash receptacle or container.
[Ord. #16-12; Ord. No. 15-2018]
[Ord. 12/18/11 §§ I,
II]
a.
No person shall distribute or post any paper with any written, printed
or painted matter thereon of any kind, or write or paint any word
or words upon any of the sidewalks, curbstones, fire hydrants, retaining
walls, or upon anything that may be deposited or erected in or upon
any public street or highway within the Town.
b.
No person shall nail, tack, paste, or in any way attach to any tree,
post, telegraph pole, trolley pole, electric light pole, or any other
post or pole, or upon anything erected upon or in the public streets
of the Town, any card, bill, poster or sign of any material or description.
[Ord. 12/18/11 § III]
[Prior source history includes Ord. No. 5/20/85]
[Ord. No. 02-2018]
The Town Council finds and declares that the safety and welfare
of the residents and others using the streets and sidewalks of the
Town are endangered because of the common practice of candidates for
public office and their supporters, and of supporters and detractors
in elections to:
a.
Affix posters, signs and other campaign literature to trees, lawns,
poles, trestles, traffic signs and other structures in the Town, causing
same to be obliterated, obstructed and defaced.
b.
Write names and slogans upon the streets and sidewalks of the Town,
causing lawful markings upon same to be confused, obstructed and defaced.
c.
Fail to remove such signs, posters and other campaign literature
after the elections, thereby requiring the diversion of the work effort
of municipal personnel and causing an unsightly condition and expensive
drain on municipal funds.
[Ord. No. 02-2018]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any poster, sign, handbill, circular, banner,
card, advertisement, printed sticker, painted words or material having
reference to any election or to the adoption or rejection of any public
questions at any general, primary or special election.
Shall mean any individual candidate, corporation, political
committee, citizen's committee or partnership, organization, association
or any committee or group of persons organized on behalf of or against
any candidate or public question to be voted on at any special, primary
or general election.
Shall mean any sign, including on the lawns or grounds of
private property, advancing the candidacy of any candidate or group
of candidates for public office or supporting or opposing a public
question, expressly excluding, however, any such signs posted or displayed
on existing commercial billboards by or with the consent of the owner
thereof and any such signs posted or displayed on licensed motor vehicles
in operating condition; provided, however, that no such vehicle is
parked or placed in any location for the primary purpose of displaying
any such signs, it being the intention of this section to eliminate
the unsightly condition created by the parking or standing of motor
vehicles bearing political signs at or adjacent to trafficked areas
for the purpose of displaying such signs.
Shall mean any property or item used for public purposes,
including but not limited to all public streets, sidewalks, boulevards,
alleys or other public ways, all public parks, squares, spaces, grounds,
buildings, medians, traffic signal facilities, utility poles or any
other type of public pole, public trees, litter receptacles, benches,
bus shelters, fences or any object affixed to or placed upon public
streets, parking lots or sidewalks which is affixed or placed thereon
for public purposes or for the use of the public.
[Ord. No. 02-2018]
a.
Except as provided in paragraph b hereof below, any such political
signs shall be a ground sign or a sign placed on or in private property,
with the consent of the owner, and no such sign shall exceed 10 square
feet in total display area.
b.
Any privately owned building or part thereof designated and serving
as the campaign headquarters of any candidate or group of candidates
for election for public office or as headquarters of a person or entity
supporting or opposing a public question may display one political
sign not exceeding 20 square feet in total area.
[Ord. No. 02-2018]
All campaign material and political signs shall bear upon the
face thereof a statement of the name, address and other information
of the person who caused same to be printed, copied or published as
required to be disclosed by New Jersey Election Statutes.
[Ord. No. 02-2018]
The following persons shall be responsible under this article
for the removal of any campaign material or political sign posted:
a.
Any person, firm or corporation who shall erect or display or who
shall cause or permit to be erected or displayed any campaign material
or political sign on premises subject to his, her or its control.
b.
Persons whose names appear on any political sign or on any campaign
material and as required by New Jersey Election Statutes.
c.
Any other person who actually places any campaign material or political
sign in any public place or public facility, even though his or her
name does not appear thereon.
[Ord. No. 02-2018]
No campaign material or political sign shall be erected, posted
or displayed, including on private property, more than 30 days prior
to the date of the election to which such material or sign pertains,
and any such material or sign shall be removed not more than 14 days
after the date of such election.
[Ord. No. 02-2018]
a.
No person shall draw, write or print or permit or suffer to be drawn,
written or printed upon any street or sidewalk or upon any public
place or facility any slogan, motto, name or symbol whether the same
is written with chalk, paint or any other substance. Each day the
political sign, advertisement or writing remains in violation of this
section may be considered a separate violation, and a separate complaint
may be issued for said violation until it is removed.
b.
No campaign material or political sign shall be attached, stapled,
taped to or affixed in any way upon any public place, public facility
or on public property, including but not limited to, utility poles
and traffic poles, by any means. Each day the political sign, advertisement
or writing remains in violation of this section may be considered
a separate violation, and a separate complaint may be issued for said
violation until it is removed.
c.
No campaign material or political sign shall be attached, stapled,
painted, taped to or affixed upon private property or private fence
or a private tree without the consent of the owner thereof. Each day
the political sign, advertisement or writing remains in violation
of this section may be considered a separate violation, and a separate
complaint may be issued for said violation until it is removed.
d.
No person shall remove, tear down, deface or destroy any lawfully
erected political sign on private property without the consent of
the owner of said private property.
[Ord. No. 02-2018]
a.
Any person who violates any provision of this article shall, upon
conviction thereof, be punished by a fine in the amount of $100 per
violation, plus an additional $50 for each day the sign is not removed.
Fines for violation of any provision of this section may be payable
at the Violations Bureau without a court appearance. Costs of court
of $33 will also be imposed.
b.
No summons or complaint shall issue to a candidate or the owner of
private property on which a sign is located more than 14 days after
the election until a warning is first issued to the candidate and
owner and the sign is not removed within seven days of the issuance
of said notice.
[Ord. #1994-13]
No person shall urinate in any street, highway, thoroughfare
or public place within the Town of Guttenberg.
[Ord. #1994-13]
[Ord. #1994-05]
It shall be unlawful for any person to appear or drive on any
street, avenue, highway, road or public place located in the Town
of Guttenberg in a state of nudity. A person shall be found in a state
of nudity when his clothing or absence of clothing completely exposes
to public view a persons anus, genitals, pubic area or female breasts.
[Ord. #1994-05]
[Ord. 6/15/59 § 1]
It shall be unlawful for any person to have in his possession
or control for sale, exhibition or distribution, or who shall sell
or offer to sell, exhibit, give away, distribute upon or within any
street, alley, park, school building or room, hall, theater, show
house, newsstand, store or other place of business or entertainment,
any book, pamphlet, paper, films, or other thing containing obscene,
lewd, immoral or otherwise indecent language, prints, pictures, figures,
representations, and manifestly tending to the corruption of morals.
[Ord. 6/15/59 § 2]
[Ord. 2/23/1881 § I]
No person shall authorize or engage in any blasting within the
Town unless before forming each blast it shall be securely covered
with six green timbers, of not less than four inches in thickness,
10 inches in width and 10 feet in length each, all securely chained
together and placed over and around each charge, and held in place
by at least 300 pounds of weight placed on top of them, nor unless
three minutes notice before giving the blast shall be given by displaying
a red flag on a staff not less than 10 feet high, set in a conspicuous
place 25 feet from the point where the charge is placed in every direction
where any street extends, and by calling out the words "a blast!"
several times repeated, and loud enough to be distinctly heard at
a distance of 200 feet in every direction from the blast, and that
no heavier charge than seven pounds of powder be used in one blast.
[Ord. 2/23/1881 § II]
[Ord. #14-13]
As used in this section, the following words shall have the
following meanings:
Shall mean all areas between a floor and a ceiling, extending
to the center perimeter walls of a structure.
Shall include all public parks, playgrounds and ball fields
publicly owned or leased by the Town of Guttenberg and all property
owned or leased by the Town of Guttenberg upon which the public is
invited or upon which the public is permitted and where individuals
gather for recreational activities, including all areas adjacent to
such facilities, including, but not limited to, any parking area,
driveway or drive aisle.
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
[Ord. #14-13]
Smoking shall be prohibited in all public parks and recreation
facilities owned or leased by the Town of Guttenberg and all property
owned or leased by the Town of Guttenberg upon which the public is
invited or upon which the public is permitted and where individuals
gather for recreational activities, including all areas adjacent to
such facilities, including, but not limited to, any parking area,
driveway or drive aisle, which have been designated with no-smoking
signs.
[Ord. #14-13]
No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted in all areas regulated
by this section. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrasts in color with
the sign, indicating that smoking is prohibited at the designated
area. The sign shall also indicate that violators are subject to a
fine.
[Ord. #14-13]
The enforcement authority of this section shall be the Police
Department and Health Department of the Town of Guttenberg.
[Ord. #14-13]
Any person who violates any provision of this section shall
be subject to a fine of not less than $50 for the first offense and
$100 for the second offense.
Prior ordinance history includes portions of Ordinance 11/13/91
and Ordinance Nos. 12-11 and 43-11.
[Ord. #17-13]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the removal and transportation of an automobile
from a highway, street or other public or private road or a parking
area to a storage facility, and other services normally incident thereto.
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings in the walls, for storage and
removal of vehicles and that is secured by a locking device on each
opening.
Shall mean an automobile storage facility that is not indoors
and is secured by a fence, wall or other manmade barrier that is at
least six feet high and is installed with a passive alarm system or
a similar on-site security measure. The facility is to be lighted
at night.
Shall mean an automobile storage facility that is not indoors
and is not secured by a fence, wall or other manmade barrier, and
all other storage facilities not defined above as "inside building"
or "outside secured."
Shall mean the maximum allowable amount to be charged by
a storage facility for a twenty-four-hour period or fraction thereof.
A new twenty-four-hour period begins at 12:01 a.m.
Shall mean only those vehicles equipped with a boom or booms,
winches, slings, tilt beds, wheel lifts or under-reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
Shall mean the towing operator's principal place of business
where the tow vehicle is stationed when not in use.
[Ord. #17-13]
a.
The Director of Public Safety shall appoint persons or companies
meeting the criteria set forth in this section and engaged in the
business or offering the services or a motor vehicle towing, wrecker
or storage service, whereby damaged, impounded, disabled, abandoned,
immobile or illegally parked motor vehicles are towed or otherwise
removed by use of a tow vehicle, as defined in this section. Such
persons or companies shall be known as "official towers."
b.
Official towers shall be identified by means of a license which shall
be issued as hereinafter provided.
[Ord. #17-13]
a.
Official towers shall furnish adequate and proper wrecking, towing,
storage and emergency repair services to motor vehicles damaged, impounded,
disabled, abandoned, immobile or illegally parked within the limits
of the Town, when requested to do so by an authorized Town official.
b.
No official tower shall subcontract any work to be performed pursuant
to this section without having first obtained prior written approval
from the Governing Body. Any official tower to whom approval to subcontract
work has been given shall be responsible for the services performed
by the subcontractor and shall remain liable for any violation of
this chapter by the subcontractor.
[Ord. #17-13]
a.
Every two years, the Town Administrator shall cause to be published, bid specifications for the appointment of official towers as defined in subsection 3-11.2. Those bid submissions for all companies interested in becoming an official tower, shall be returned to the Town of Guttenberg within 30 days of bid publications. All companies approved by the Director of Public Safety, shall be appointed for two years.
b.
Bid submissions specifications for inclusion on the official towers'
list shall be made to the Director of Public Safety upon a form provided
by and submitted to the Town Administrator and shall contain all of
the following information:
1.
The name, residence and business address and telephone number of
the owner of the towing company. If the owner is a corporation, the
application shall contain the name, residence and business address
and telephone number of every stockholder owning more than 10% of
the issued stock.
2.
Such information as may be required by the Director of Public Safety
concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, showing that the applicant
meets the minimum standards of performance,
3.
A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided.
4.
A nonrefundable application fee of $100 to cover the administrative
expenses incurred by the Town in processing the bid submissions.
5.
The names and addresses of two business references who have known
the applicant for at least two years and who can attest to the applicant's
experience and performance in the towing, wrecking and storage business.
6.
The names and addresses of any other public agencies which the applicant
has or is contracted with in the last five years.
7.
A New Jersey Business Registration Certificate.
c.
Upon receipt of the bid submissions, the Town Administrator shall
forward a copy to the Commander of Patrol Operations for his review
and approval. The review by the Commander of Patrol Operations shall
consist of the following:
1.
A background check to determine if either the applicant or the applicant's
personnel have been convicted of a criminal offense or have had their
driver's licenses suspended or revoked within the past year. Conviction
of a criminal offense or suspension of a driver's license within the
past year shall be a cause for disqualification from inclusion on
the official towers' list.
2.
An inspection of the personnel, vehicles, equipment and storage area
proposed to be utilized by the applicant to verify the accuracy of
the information contained in the application and to determine compliance
with applicable laws and regulations and the standards of performance
required by this section.
3.
A check with State Division of Consumer Fraud to determine if the
applicant has had complaints filed against it and the findings of
such complaints. A sufficient number of verified findings against
the applicant shall be cause for disqualification.
4.
An investigation and inquiry with any other public agencies which
the applicant presently or previously has contracted for towing to
determine the applicant's compliance in their rules and regulations.
Failure to comply with other agencies may be cause for disqualification.
d.
A bidder may be included on the official towers' list by the Director
of Public Safety when, from a consideration of the application and
from such other information as may otherwise be obtained, the Director
finds that all of the following circumstances exist:
1.
The bidder has not knowingly and with intent to deceive, made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this section.
2.
The bidder has met the standards in this section and has furnished
the required hold harmless agreement and certificate(s) of insurance.
3.
The bid submissions have been reviewed and approved by the Commander
of Patrol Operations.
4.
Neither the bidder nor the bidder's personnel have been convicted
of a criminal offense or had their drivers' licenses suspended within
the past year. In the discretion of the Director of Public Safety,
an applicant may be granted a license pending return, of a criminal
record search,
e.
The Commander of Patrol Operations shall conduct his review and render
a report to the Director of Public Safety, recommending either approval
or denial of the application.
f.
Written notice of the approval or denial of the bid shall be provided
to the bidder within seven days of the decision of the Director of
Public Safety.
[Ord. #17-13]
a.
Upon approval of the bid as herein provided, the Administrator shall
issue the bidder an official towers' license for each tow vehicle
or flatbed vehicle to be utilized in providing services pursuant to
this section. Said license shall be subject to a payment to the Town
of $2,000.
b.
Said licenses, which shall be in a form approved by the Director
of Public Safety, shall be displayed on the tow vehicle or flatbed
vehicle at all times.
c.
The licenses shall be valid for a period of two years from the date
of issuance, shall be nontransferable and shall be subject to revocation
by the Director of Public Safety for any of the following reasons:
1.
If it is subsequently determined that the applicant knowingly and
with intent to deceive, made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this section.
2.
Violation of any Federal or State law or municipal ordinance or regulation
relating to the operation of a motor vehicle or the provision of towing
services.
3.
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
4.
Unsatisfactory service provided pursuant to this section.
[Ord. #17-13]
To qualify for inclusion on the list of official towers, bidders
must meet the following minimum standards:
a.
Minimum Vehicle Requirements.
1.
Every official tower shall maintain and have available to render
services required by this section a minimum of three regular tow vehicles,
one flatbed vehicle. No vehicle can be owned by or leased from any
other official tower or from any person who owns 10% or more of the
ownership of any other official tower.
2.
Vehicle Classes.
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either 3/8 inch or 7/16 inch cable attached
to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
3.
Each bidder shall submit, along with its application, proof of ownership
or lease of the vehicles which will be utilized to provide services
pursuant to this section.
b.
Minimum Equipment Requirements.
1.
Every tow vehicle or flatbed vehicle shall have two-way radio capability
with a dispatching center on a twenty-four-hour basis.
2.
Every tow vehicle or flatbed vehicle shall comply with any and all
State, Federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Police at any time. No changes may be
made in said vehicles or equipment unless prior written approval is
obtained from the Director of Public Safety.
3.
Every tow vehicle or flatbed vehicle shall display the official towers'
license and shall have the name of the official tower displayed on
the vehicle in such a manner and of such lettering as conforms to
the provisions of N.J.S.A. 39:4-46.
c.
Minimum Personnel Requirements.
1.
Official towers shall have available, at all times, to provide the
services required by this section.
2.
All persons employed by official towers to provide the services required
by this section shall meet the following requirements and be subject
to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum road services
for disabled vehicles.
(b)
Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(c)
Be mentally alert and present a neat appearance at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by and shall be approved by the Commander
of Patrol Operations prior to rendering any services pursuant to this
section.
(f)
Not have been convicted of a crime nor have had their driving
privileges suspended or revoked within the past year.
(g)
Not be employed by or provide services to any other official
tower.
d.
Minimum Storage Requirements.
1.
Every official tower shall own or lease and maintain an inside building
or outside secured storage area meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 50
passenger vehicles and one tractor and trailer.
(b)
The location of the storage area shall be either within the
limits of the Town or at such location outside of the Town as to facilitate
reasonable towing distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress, and shall be lighted from dusk to dawn.
(d)
The storage area shall be in an area legally zoned for such
use.
(e)
The storage facility shall be available for towing and to the
public 24 hours a day, 365 days per year.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(g)
The official tower shall not charge a release fee or other charge
for releasing vehicles to their owners after normal business hours
or on weekends.
(h)
Each official tower shall maintain said storage area exclusively
and shall not share said storage area with any other official tower
of the Town of Guttenberg.
(i)
All storage areas must have a valid Certificate of Occupancy
from the local municipality. Proof of same must be submitted with
the application.
(j)
The storage area can not be owned or leased from any other official
tower or any person who owns 10% or more of the ownership of another
official tower.
2.
The official tower shall be responsible for ensuring the proper and
safe storage of all vehicles towed pursuant to this section. The official
tower shall be liable for any damage incurred by such vehicles while
in transit to or while stored in the storage areas.
[Ord. #17-13]
a.
Official towers shall be placed on the list in the order in which
their bid is approved.
b.
The Town shall request wrecking, towing and storage services from
each official tower in rotation. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. If no tow vehicle is available or if the response time will
exceed 20 minutes, the next official tower on the list shall be called,
and so on. If none of the official towers are available or able to
provide such services as are requested by the Town, the Town may request
such services from any other available source.
c.
All requests for service shall be made by any member of the Police
Department and must be reported immediately to the police desk. The
Police Department should forward said request to the tower.
d.
The Town shall request service only from official towers. All cars
towed by a licensed tower under the auspices of this section shall
tow said vehicles to storage facilities.
e.
During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Town over any other requests which may be received by the official
towers.
[Ord. #17-13]
Bidders shall agree in writing to assume the defense of and
indemnify and hold harmless the Town, its elected officials, boards,
commissions, officers, employees and agents, from all suits, actions,
damages or claims to which the Town may be subjected to any kind and
nature whatsoever resulting from, caused by, arising out of or as
a consequence of the provision of towing, wrecking, storage and/or
emergency services provided at the request of the Town pursuant to
this section. Official towers shall enter into a hold harmless agreement
prior to being included on the official towers' list.
[Ord. #17-13]
a.
No person shall be included on the official towers' list unless and
until such person has provided to the Town a certificate or certificates
of insurance evidencing that there is in effect the following insurance
coverage:
1.
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
2.
Workers' compensation as required by law.
3.
Garage keepers liability in an amount not less than $60,000 per location.
4.
Garage liability in an amount not less than $1,000,000 combined single
limit.
5.
Sufficient comprehensive general public liability insurance to protect
the town from any liability, loss or damages arising out of the activities
to be conducted. Such insurance shall be in the minimum amount of
$1,000,000 for each person and $3,000,000 for each accident.
b.
Policies of insurance shall contain endorsements to provide collision
coverage from vehicles in tow.
c.
Policies of insurance shall be written by insurance companies authorized
to do business in the State of New Jersey. Insurance companies shall
be acceptable to the Town and shall have at least a B+ rating by a
recognized rating service.
d.
The Town of Guttenberg shall be named as an additional insured on
all policies of insurance provided pursuant to this section. All certificates
of insurance shall provide that the policies may not be canceled,
terminated or coverage decreased without 30 days' written notice to
the Town.
e.
Policies of insurance required by this section shall be maintained
in full force and effect at all times. In the event that any coverage
is canceled, terminated, interrupted or decreased in amount, the tower
shall be removed from the official towers' list until such time as
the required coverage is reinstated or replaced.
[Ord. #17-13; amended 2-22-2021 by Ord. No. 05-21]
a.
The maximum allowable fees for towing and storage:
|
Towing - Basic
| |
|---|---|
|
Light Duty (up to 10,000 lbs.)
|
Hook-up: $150
|
|
Medium Duty (10,001 to 16,000 lbs.)
|
$250/hr
|
|
Heavy Duty (16,001 and above)
|
$500/hr
|
|
Decoupling Fee
|
1/2 Off Basic Rate
|
|
On-Hook Mileage
| |
|---|---|
|
Light Duty
|
$6/Per Loaded Miles
|
|
Medium Duty
|
N/A
|
|
Heavy Duty
|
N/A
|
|
Recovery/Winching (In addition to towing — per truck including
driver)
| |
|---|---|
|
Light/Medium Duty (10,001 to 16,000 lbs.)
|
$6/Per Loaded Miles
|
|
Heavy Duty (16,001 and above)
|
N/A
|
|
Specialized Recovery Equipment
| |
|---|---|
|
Rotator/Crane Recovery Unit
|
$1200/hr
|
|
Tractor with Landoll Trailer or Detach Trailer
|
$450/hr
|
|
Tractor/Transport Hauler Only
|
$250/hr
|
|
Refrigerated Trailer w/Tractor
|
$450/hr
|
|
Box Trailer w/Tractor
|
$400/hr
|
|
Air Cushion Unit
|
$1000/hr
|
|
Light Tower
|
$250/hr
|
|
Pallet Jack
|
$200 Flat Rate
|
|
Rollers
|
$200 Flat Rate
|
|
Any Other Specialized Equipment
|
$250/hr
|
|
Loader/Backhoe/Telescopic Handler/Bulldozer/Bobcat
|
$300/hr Each
|
|
Forklift
|
$300/hr
|
|
Dump Truck/Dump Trailer w/Tractor
|
$350/hr
|
|
Roll-Off w/Container
|
350/hr Plus Disposal
|
|
Recovery Supervisor Vehicle
|
$150/hr
|
|
Scene Safety Equipment, Communication Equipment, Traffic Management
Equipment, Etc.
|
$250/hr Per Each Type Used
|
|
Recovery Support Vehicle/Trailer Additional Recovery Equipment
|
$350/hr
|
|
Storage (Per Calendar Day)
| |
|---|---|
|
Cars/Light Trucks - 10' x 20' space
|
$45/day
|
|
Trucks (Dual Wheels)/Single Axle
|
$90/day
|
|
Tractor/Dump Truck/Tractor and Trailer Combo/Trailers
|
$125/day Per Unit
|
|
Buses
|
$150/day
|
|
Roll-Off
|
$125/day For Each
|
|
Cargo/Accident Debris/Load Storage/Vehicle Components - 10'
x 20' space
|
$45/day Per Space
|
|
Rental of any Tow Company Supplied Trailer Post Incident
|
$500/day
|
b.
Under certain circumstances official towers shall be allowed to charge
for extra services that may be required above the basic towing charge
(such as rolled over vehicles, vehicle off the roadway, waiting time
at the scene of a motor vehicle accident, cleanup and speedy dry).
The charges for any of these extra charges shall be consistent with
industry standards.
[Ord. #17-13]
a.
Copies of this section and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Town Hall. Copies shall also be made available
to the public at each official tower's place of business.
b.
All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of the fees that may
be charged for all services provided pursuant to this section. A copy
of the schedule of fees must be provided to any owner of a vehicle
that has been towed.
c.
The Town reserves the right to make periodic unannounced inspections
of the personnel vehicles, equipment and storage areas of all official
towers.
d.
The relationship between an official tower and the Town is one of
an independent contractor. Neither party shall be construed in any
manner whatsoever to be an employee of the other, nor shall any employee
or agent furnished by any party be construed to be an employee or
agent of the other party. Inclusion on the official towers' list shall
not be construed or considered as a joint venture, partnership, association,
contract or employment or profit-sharing agreement.
e.
The municipality shall not be liable or responsible for compensating
the official towers for any of the services performed under this section
unless those services are performed for Town vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle,
and the official tower shall proceed directly against the owner.
f.
The official tower shall, at all times, be solely responsible for
the conduct of its employees.
g.
Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Town at any time during normal business
hours. Records shall be kept and maintained by the official tower
at one central location and shall be retained for a period of seven
years. Records may be written, printed or computerized as long as
the requirements of this subsection are met.
[Ord. #17-13]
a.
In the event a complaint is received by the Town involving the improper
or unsatisfactory performance of services by an official tower, excessive
charges or damage to a motor vehicle while in the custody of the tower,
written notice of the same shall be provided by the Administrator
to the official tower involved. The tower shall have the opportunity
to respond, in writing, in five days.
b.
Within 14 days of receipt of the tower's response, or within 21 days
of receipt of the complaint, if no response is received, the matter
shall be presented by the Administrator to the Director of Public
Safety.
c.
If, after considering the matter, the Director of Public Safety shall
determine that one of the causes for revocation of the official towers'
license exists, the license shall be revoked, and the tower shall
surrender the same to the Administrator within one day.
d.
Failure to surrender the license upon revocation shall constitute
a violation of this section.
e.
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction.
[Ord. #17-13]
a.
Any person who shall violate any of the provisions of this section
shall be subject to a fine not to exceed $500 and each violation of
any of the provisions of this section and each day.
[Ord. 3/3/93 § 1]
This section shall apply to all motor vehicles on which an audible
alarm has been installed whenever such vehicles are parked, garaged
or otherwise located within the jurisdictional limits of the Town
of Guttenberg.
[Ord. 3/3/93 § 2]
No motor vehicle or vehicles subject to this section shall have
an audible alarm system installed therein or thereon which may be
activated by any means other than physical contact with the vehicle;
provided, however, that an audible alarm system which may be remotely
activated by the owner or other lawful operator of the vehicle shall
be permitted.
[Ord. 3/3/93 § 3]
No audible alarm system which will not automatically terminate
its operation within five minutes of being activated shall be permitted
on any motor vehicle which is subject to this section.
[Ord. 3/3/93 § 4]
Any audible alarm system which is activated more than three
times in any eight-hour period under circumstances in which the Police
Department, after proper investigation, determines that there has
been no attempt to steal, vandalize, unlawfully enter or otherwise
disturb the motor vehicle on which the audible alarm is installed
shall be deemed a public nuisance.
[Ord. 3/3/93 § 5;
New]
[Ord. #015/04 § 1; Ord. #019/06 § 1;
Ord. #002-09 § 1]
The Mayor and Council of the Town of Guttenberg hereby find
there has been a significant breakdown in the supervision normally
provided by certain parents and guidance for juveniles under 17 years
of age resulting in juveniles being involved in a wide range of unacceptable
behavior including vandalism, noisy and rowdy behavior, breaking and
entering, public drinking and littering, and harassment of residents.
The Mayor and Council further find that the offensive activities
of the juveniles are not easily controlled by existing laws and ordinances
because the activities are easily concealed whenever police officers
are present and the establishment of reasonable curfew regulations
will enable the community to better control the free and unobstructed
access to the streets and public places by the majority of residents
and will enable the police to act reasonably and fairly to prevent
the violation of laws and ordinances by juveniles.
The Mayor and Council further find and have determined that
a curfew meets a very real local need and that curfew ordinances in
other communities have been a significant factor in minimizing juvenile
delinquency. A curfew in Guttenberg is particularly appropriate in
view of the high density of population in Guttenberg and the mixed
use of residential and commercial areas throughout the Town. The regulation
of juveniles is an attempt to minimize danger to the juveniles and
the community during the danger hours for nocturnal crime and mischief,
which could be accentuated because of the juvenile's immaturity.
Parental responsibility for the whereabouts of children is an
accepted norm by a substantial majority of the community and parents
have expressed a desire to have a curfew in order to augment their
efforts to supervise and guide their children.
[Ord. #015/04 § 2; Ord. #019-06 § 2;
Ord. #002-09 § 2; Ord. #39-11]
Unless accompanied by a parent or guardian, it shall be unlawful
for a juvenile to be in any public place within the Town of Guttenberg
on Sunday, Monday, Tuesday, Wednesday, and/or Thursday between the
hours of 10:00 p.m. and extending until 5:00 a.m. of the following
day. On Friday and Saturday between the hours of 11:00 p.m. and extending
until 5:00 a.m. of the following day.
[Ord. #015/04 § 3; Ord. #019-06 § 3;
Ord. #002-09 § 3]
In the following exceptional cases a minor located upon a public
place during the nocturnal hours for minors, their parents and their
fellow-citizens shall not, however, be considered in violation of
the Curfew Ordinance.
a.
When accompanied by a parent of such minor.
b.
When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor for a designated
period of time and purpose within a specified area.
c.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion and/or freedom
of speech. The exercise or said right shall begin by first delivering
to the person designated by the Director of Police Department to receive
that information, at the Police Headquarters on 6808 Park Avenue,
Guttenberg, a written communication, signed by the juvenile and countersigned,
if practicable, by a parent of the juvenile with their home address
and telephone number, specifying when, where and in what manner the
juvenile will be upon the public places at night (during hours when
the Curfew Ordinance is otherwise applicable to said minor) in the
exercise of a First Amendment right specified in such communication.
d.
In case of reasonable necessity for the juvenile remaining upon the
public places but only after the juvenile's parent has communicated
to the Director of Police Department or the person designated by the
Director of Police Department to receive such notifications, the facts
establishing the reasonable necessity relating to specified public
places at a designated time for a described purpose including points
of origin and destination. A copy of the communication, or the police
record thereof, duly certified by the Police Department to be correct,
with an appropriate notation of the time it was received and the names
and addresses of the parent and juvenile, shall be admissible evidence.
e.
When the juvenile is on the sidewalk or property where the juvenile
resides.
f.
When returning home from and within one hour after the termination
of a school or Town sponsored activity, or an activity of a religious
or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing,
to and duly filed for immediate reference by the Director of Police
Department or officer assigned by the Director on duty at the police
station, thus encouraging, as in other exceptional situations, responsible
conduct on the part of juveniles involved in such activities and striking
a fair balance for any conflicting interests.
g.
When authorized, by special permit, from the Director of Police Department
or the officer designated by the Director for that purpose, carried
on the person of the juvenile thus authorized, as follows: When necessary
nighttime activities of a juvenile may be inadequately provided for
by other provisions of this section, then recourse may be had to the
Director of Police Department, either for a regulation as provided
in paragraph h or for a special permit as the circumstance warrant.
A written application signed by a juvenile and by a parent of the
juvenile shall be submitted. This application shall include: (a) the
name, address, and telephone number of a parent thereof, (b) the height,
weight, sex, color of eyes and hair and other physical characteristics
of the juvenile (c) the necessity which requires the juvenile to remain
upon the public place during the curfew hours otherwise applicable,
and (d) the street or route and the beginning and ending of the period
of time involved by date and hour. The Director of Police Department
may grant a permit in writing for the use by the juvenile of public
places at such hours as in the opinion of the Director of Police Department
may reasonably be necessary. In an emergency this may be handled by
telephone or other effective communication, with a corresponding record
being made contemporaneously to the Director of Police Department
or to the person designated by the Director of Police Department to
act on his behalf in an emergency, at the police station.
h.
When the juvenile carries a certified card of employment, renewable
each calendar month when the current facts so warrant, dated or reissued
not more than 45 days previously, signed by the Director of Police
Department and briefly identifying the juvenile, the address of the
juvenile's home and of the juvenile's place of employment, and the
juvenile's hours of employment.
i.
Each of the foregoing exceptions, and their several limitations such
as provisions for notification, are severable, as hereinafter provided
but here reemphasized will be considered by the Mayor and Council
as warranted by future experience illuminated by the views of student
government association, school personnel, citizens, associations,
parents, officers and persons in authority concerned positively with
juveniles as well as with juvenile delinquency.
[Ord. #015/04 § 4; Ord. #019/06 § 4;
Ord. #002-09 § 4]
It shall be unlawful for a parent having legal custody of a
juvenile knowingly to permit or by inefficient control to allow the
juvenile to be or remain upon any public place under circumstances
not constituting an exception to, or otherwise beyond the scope of
the Curfew Ordinance. The term "knowingly" includes knowledge, which
a parent should reasonably be expected to have concerning the whereabouts
of a juvenile in that parent's legal custody. It is intended to continue
to keep the neglectful or careless parent up to a reasonable community
standard of parental responsibility through an objective test. It
shall, therefore, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such juvenile.
a.
Police procedures shall constantly be refined in the light of experience
and may provide that the police officer may deliver to a parent or
guardian thereof, a juvenile under appropriate circumstances, for
example, a juvenile of tender age, near home whose identity and address
may readily be ascertained or are known.
b.
In any event the police officer shall, within 24 hours, file a written
report with the Director of Police Department or shall participate
to the extent of the information for which he is responsible in the
preparation of a report on the curfew violation. It is not the intention
of this Section to require reports that will prevent police officers
from performing their primary police duties. The reports shall be
as simple as is reasonably possible and may be completed by police
departmental personnel other than sworn police officers.
c.
When a parent or guardian, immediately called, has come to take charge
of the juvenile and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
to the extent that in accordance with police regulations, approved
in advance by juvenile authorities, the juvenile may temporarily be
entrusted to an adult, neighbor or other person who will on behalf
of a parent or guardian assume the responsibility of caring for the
juvenile pending the availability or arrival of a parent or guardian.
[Ord. #015/04 § 5; Ord. #019/06 § 5;
Ord. #002-09 § 5]
If a police officer reasonably believes that a juvenile is upon
the public place in violation of the Curfew Ordinance, the officer
shall notify the juvenile that he or she is in violation of the ordinance
and shall require the juvenile to provide his or her name, address
and telephone number and how to contact his or her parent or guardian.
In determining the age of the juvenile and in the absence of
convincing evidence such as a birth certificate, a police officer
shall, in the first instance, use his or her best judgment in determining
age.
a.
First Violation. For the first violation, the normal procedure shall
then be to take the juvenile to the Police Station where a parent
or guardian shall immediately be notified to come for the juvenile.
At the police station, the parent shall be questioned. This is intended
to permit ascertainment, under constitutional safeguards, of relevant
facts, and to centralize responsibility in the person designated there
and then on duty for accurate, effective, fair, impartial and uniform
enforcement, and recording, thus, making available experienced personnel
and access to information and records.
b.
Second Violation. A juvenile with a second violation of this section shall be brought to the police station where his parent or guardian shall be immediately notified to come for the juvenile at that time. When the parent arrives at the police station, the parent shall be given an Ordinance Summons for a violation of this section in the name of the juvenile. The juvenile shall then be subject to the penalties as described in subsection 3-13.7.
[Ord. #015/04 § 6; Ord. #019/06 § 6;
Ord. #002-09 § 6]
a.
Community Service. Any person, juvenile or adult, convicted of a
violation of this section shall be required to perform community service
as directed by the Court. As provided in N.J.S.A. 40:48-2.52, wherever
both a juvenile and the juvenile's parent or guardian violate the
section, they shall be required to perform community service together.
b.
Fines. Any juvenile convicted of a violation of the Curfew Ordinance shall be subject to a fine of $50 for a first offense, $100 for a second offense and not less than $150 nor more than $1,000 for any third and subsequent offense. Any parent or guardian convicted of a violation, after the warning notice pursuant to subsection 3-13.6 of a first violation by a juvenile, shall be fined $50 and for a second offense by a parent or guardian the fine shall be $100. For any subsequent offense by a parent, the fine shall be no less than $150 and not more than $1,000.
[Ord. #015/04 § 7; Ord. #019/06 § 7;
Ord. #002-09 § 7]
Severability is intended throughout and within the provisions
of the Curfew Ordinance. If any provision, including any exception,
part, phrase, or term or the application thereof to any person or
circumstances is held invalid, the application to other persons or
circumstances shall not be affected thereby and the validity of the
Curfew Ordinance in any and all other respects shall not be affected
thereby.
[Ord. #015/04 § 8; Ord. #019/06 § 8;
Ord. #002-09 § 8]
Notice of existence of this section and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the Director of Police Department in
order that the public may be informed of the existence of this section
and its regulations.
[Ord. #015/04 § 9; Ord. #019/06 § 9;
Ord. #002-09 § 9]
This section shall expire and shall be null and void after June
30, 2011. The provision, commonly known as a "sunset provision" is
included in this section to ensure that the section, its effectiveness
and its need will be reviewed by the Mayor and Council within a reasonable
time after its adoption.
[Ord. #14-1994 §§ 1, 2]
a.
It shall be unlawful for any parent or guardian to assist, aid, abet,
allow, permit, suffer or encourage a minor to register or enroll in
the Guttenberg School System where the minor is ineligible to attend
as a result of the minor's nonresident status.
b.
It shall be unlawful for any person 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
Town of Guttenberg School System unless previous permission has been
granted by the Superintendent of the Guttenberg School System or his
or her designee.
[Ord. #14-1994 § 3]
[Ord. #1995-06 § 1]
Shall mean any writing, drawing, marking, symbol or the like
placed upon any real or personal property, whether private property
or public property, by using paint, spray paint, aerosol paint, markers,
chalk, dyes or any other substance or method without the consent or
authorization of the owner of the property.
Shall mean any person under the age of 18 years.
Shall mean a marking pen or instrument of which the surface
used for writing or marking purposes is equal to or greater than 1/8
of an inch.
[Ord. #1995-06 § 2]
a.
No person shall write, draw, print, or place with ink, paint, chalk
or other substance, graffiti or other markings whether obscene or
not and whether intended to offend or not, on the real or personal
property of another, whether such property is publicly or privately
owned, unless the owner of said property specifically consented to
the same. Nor shall any person willfully or maliciously damage, deface
or vandalize the property of another by inscribing or placing graffiti
or any other markings on a public or private street, or on public
or private property whether real or personal.
[Ord. #012/03]
The owner of any commercial or residential premises located
within the Town of Guttenberg which has any form of graffiti on any
building, structure or accessory structure or building shall be required
to either restore the defaced surface by removing the graffiti or
repaint the defaced surface using the same color paint as existed
previously on a defaced surface within 10 days after written notice
to the owner, occupant, lessee, sublessee, agent or landlord by the
Building Inspector (or designee) to remove the graffiti.
[Ord. #012/03; Ord. No. 09-2017]
At the request of the owner of any commercial or residential
premises located within the Town of Guttenberg, the Town of Guttenberg
shall remove any form of graffiti on any building, structure or accessory
structure without a cost to the owner. The owner, who shall make the
request, shall execute a full release to the Town of Guttenberg which
shall indemnify and hold harmless the Town of Guttenberg, Guttenberg
municipal employees and/or agents from and against all liability,
damage, claims, demands, costs, judgments, fees (including attorney
fees) or losses to the extent the same shall be caused by the Town
of Guttenberg's, its employees and/or agents negligent acts, errors
or omissions in the performance of its removal of graffiti.
[Ord. #1995-06 § 2]
a.
Any person found guilty of violating any of the provisions of this
section, upon conviction thereof shall pay a fine not to exceed $1,000
or be subject to imprisonment for not more than 90 days or both.
b.
Notwithstanding the provisions of the preceding paragraph for a first
offense involving the actual defacing or marring of any private or
public property, a person having been convicted of same shall be subject
to a minimum mandatory fine of not less than $250 and a minimum mandatory
period of imprisonment or a term of community service of not less
than 10 days. One day of community service shall consist of eight
hours.
c.
For a second or subsequent violation involving the actual defacing
or marring of any private or public property, a person having been
convicted of same shall be subject to a minimum, mandatory fine of
not less than $500 and a minimum mandatory period of imprisonment
of not less than 10 days, and shall be of such form and substance
as the Court shall deem appropriate under the circumstances.
d.
In addition to any other penalty imposed by the Court, any person
convicted for a violation of this section may, at the discretion of
the Judge of the Municipal Court, be required to pay to the owner
of the damaged property monetary restitution in the amount of the
pecuniary damage caused by the act of graffiti.
[1]
Editor's Note: Former Section 3-16, Disorderly Persons Offense,
previously codified herein and containing portions of Ordinance No.
007/96 was repealed in its entirety by Ordinance No. 002-10.
[Ord. #027/97 § I]
No person shall and no owner shall permit the compacting of
soil or surcharging land by means of the process commonly known as
dynamic compaction, before 8:00 a.m. and after 6:00 p.m., Monday through
Friday, Saturday, 9:00 a.m. to 2:00 p.m. and prohibited on Sunday.
[Ord. #027/97 § II]
The term dynamic compaction as used in this section shall mean
the process of dropping or rapidly lowering a weight by free fall
which weight has been raised by mechanical means so that such weight
land heavily upon soil which is to be compacted.
[Ord. #028/97 § I]
No retail or wholesale commercial establishments within the
Town of Guttenberg shall display and/or offer for sale any fruits,
flowers, plants, vegetables or other vegetation or any meats and/or
other food products, cooked or uncooked, outside the walls of the
building or structure which contain such commercial enterprise's principal
business activity, nor shall such establishments place or allow to
be placed any tables or chairs outside the walls of the building or
structure which contains such establishment.
[Ord. #015/98 § 1; Ord. #34-11]
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
June 9, 2011, by Boswell McClave Engineering, municipal engineers,
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. #015/98 § 2; Ord. #34-11]
The Drug-Free School Zone map approved and adopted pursuant to subsection 3-19.1 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. #015/98 § 3; Ord. #34-11]
The school board, or chief administrative officer in the case
of any private or parochial school, is hereby directed and shall have
the continuing obligation to promptly notify the 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. #015/98 § 4; Ord. #34-11]
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 3-19.1 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 of this section shall be provided without cost to the County Clerk and to the Office of the Hudson County Prosecutor.
[Ord. #015/98 § 5; Ord. #34-11]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is determined that the map approved and adopted pursuant to subsection 3-19.1 was prepared and is intended to be used as evidence in prosecution 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 by or leased to a
school or school board and was being used for school purposes.
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 adopted pursuant to subsection 3-19.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, 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, approved and adoption of a Drug-Free School Zone map
have been complied with.
[Ord. #035/00; Ord. #35-11]
The locations and areas within the Town of property which is
used for a public housing facility owned by or leased to a housing
authority or that is used for any public park, or public building,
and of the areas on or within 500 feet of such public housing, public
park, or public building property.
[Ord. #035/00; Ord. #35-11]
Shall mean any publicly owned or leased library or museum.
Shall mean any dwelling, complex of dwellings, accommodation,
building, structure, or facility and real property of any nature appurtenant
thereto and used in connection therewith, which is owned by or leased
to a local housing authority in accordance with the "Local Redevelopment
and Housing Law," 1992, (N.J.S.A. 40A:12A-1 et seq.) for the purposes
of providing living accommodation to persons of low income.
Shall mean a park, recreation facility or area, or playground
owned or controlled by a State, County, or local government unit.
[Ord. #035/00; Ord. #35-11]
The Drug-Free Public Zone map produced on or about June 9, 2011,
by Boswell McClave Engineering, municipal engineers is hereby approved
and adopted, and shall constitute an official finding and record as
to the location and boundaries of areas on or within 500 feet of a
public housing facility, public park or public building until such
time, if any, this section shall be amended to reflect any additions
or deletions with respect to the location and boundaries of public
housing facilities, public parks, public building and drug-free public
housing, public parks, and public building zones.
[Ord. #010/99 § 1]
Any use that involves the storage, receipt, delivery, harboring,
maintaining, or keeping of live animals, including, but not limited
to, chickens, roosters, turkeys, ducks, geese, pigs, and lambs, in
the Town of Guttenberg for sale or other transfer, whether alive or
dead, whether by gift or wholesale or retail sale, for later human
consumption is a prohibited use in any zone in the Town of Guttenberg.
[Ord. #012/01]
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property.
[Ord. #012/01]
No ordinance shall prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
[Ord. #012/01]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. #012/01]
a.
Fines. A violation of this section shall be punished by a fine of
$250 for a first offense and $350 for any subsequent offense.
b.
Suspension of Driving Privileges. The Court may, in addition to the
fine authorized for this offense, suspend or postpone for six months
the driving privileges of the defendant. Upon the conviction of any
person and the suspension or postponement of that person's license,
the Court shall forward a report to the Division of Motor Vehicles
stating the first and last day of the suspension or postponement period
imposed by the Court pursuant to this section. If a person at the
time of the imposition of a sentence is less than 17 years of age,
the period of license postponement, including a suspension or postponement
of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six
months after the person reaches the age of 17 years.
If a person at the time of the imposition of sentence has a
valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in R.S. 39:3-40. A person shall
be required to acknowledge in writing the receipt of a written notice.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Division the required report. The Court shall
not collect the license of a nonresident convicted under this section.
Upon receipt of a report by the Court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
[Amended 10-25-2021 by Ord. No. 24-21]
[Ord. #014/03 § 1; amended 10-25-2021 by Ord. No. 24-21]
The following terms, as used in this section, are defined below:
As defined in N.J.S.A. 39:1-1, includes a two or three-wheeled
vehicle with fully operable pedals and an electric motor of less than
750 watts, that meets the requirements of one of the following classifications:
"class 1 low-speed electric bicycle" which means a low-speed electric
bicycle equipped with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed
electric bicycle" which means a low-speed electric bicycle equipped
with a motor that may be used exclusively to propel the bicycle, and
that is not capable of providing assistance when the bicycle reaches
the speed of 20 miles per hour.
Includes a scooter, as defined in N.J.S.A. 39:1-1, with a
floorboard that can be stood upon by the operator, with handlebars,
and with an electric motor that is capable of propelling the device
with or without human propulsion at a maximum speed of less than 19
miles per hour. Shall also include a wheeled device that can be stood
upon by the operator, with or without handlebars and with an electric
motor that is capable of propelling the device with or without human
propulsion.
Shall mean a pair of devices worn on the feet with sets of
wheels attached, regardless of the number or placements of those wheels,
and used to glide or propel the user over the ground.
Shall mean a piece of wood or other material mounted on skate
wheels used to glide or propel the user across the ground.
[Ord. #014/03 § 1; amended 10-25-2021 by Ord. No. 24-21]
Every person operating any roller skates, skateboard or scooter, or low-speed electric bicycles or low-speed electric scooters upon a roadway shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle by Chapter 4 of Title 39 except as to those provisions thereof which by their nature can have no application. In particular, any person operating a low-speed electric bicycle or a low-speed electric scooter shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
[Ord. #014/03 § 1; amended 10-25-2021 by Ord. No. 24-21]
a.
Governing Body The Mayor and Council, pursuant to N.J.S.A. 39:4-10-10a
may regulate the operation of roller skates, skateboards and scooters
as well as upon the roadways and public properties under municipal
jurisdiction.
b.
General Regulations. It shall be unlawful for any person to ride
or operate a low-speed electric bicycle or a low-speed electric scooter
upon the public rights-of-way in the Town of Guttenberg unless such
person rides or operates such low-speed electric bicycle or a low-speed
electric scooter in accordance with the following rules and regulations:
1.
Lights and reflectors. Every low-speed electric bicycle or low-speed
electric scooter when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least 500 feet to the front, and with a lamp on the rear which
shall emit a red light visible from a distance of at least 500 feet
to the rear.
2.
Audible signal device. No person shall operate a low-speed electric
bicycle or a low-speed electric scooter with handlebars unless it
is equipped with a device capable of giving a signal audible for a
distance of at least 100 feet, except that such shall not be equipped
with nor shall any person use upon such any siren or whistle.
3.
Positions of hands and feet. A person propelling or riding a low-speed
electric bicycle or a low-speed electric scooter shall not ride other
than upon or astride a permanent and regular seat attached thereto
or in an upright position on a designated platform(s), nor shall any
trick or fancy riding be performed.
4.
Hitching on vehicles prohibited. No person riding upon any low-speed
electric bicycle or a low-speed electric scooter shall attach to any
vehicle or moving device, and no operator of any vehicle or moving
device shall knowingly allow any person riding upon a low-speed electric
bicycle or a low-speed electric scooter to attach the same or themselves
to such.
5.
Helmet. Persons may not operate a low-speed electric bicycle or low-speed
electric scooter unless they wear a protective helmet.
6.
Keeping to the right; passing; paths. Every person operating a low-speed
electric bicycle or a low-speed electric scooter upon a roadway shall
ride as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
same direction. Persons riding on a low-speed electric bicycle or
a low-speed electric scooter shall ride in single file, except on
paths or parts of roadways set aside for the use of such.
7.
Wherever a usable path for a bicycle has been provided adjacent to
a roadway, low-speed electric bicycle or low-speed electric scooter
riders can use such path.
8.
Any person operating a low-speed electric bicycle or a low-speed
electric scooter shall obey the instructions of official traffic control
signals, signs and other control devices applicable to vehicles, unless
otherwise directed by a police officer.
9.
Carrying articles. No person operating a low-speed electric bicycle
or a low-speed electric scooter shall carry any package, bundle or
article which prevents the rider from keeping both hands upon the
handlebars.
10.
Parking. No person shall park a low-speed electric bicycle or a low-speed
electric scooter upon a street except where an appropriate rack or
spots are provided. All low-speed electric bicycles or low-speed electric
scooters, when parked on sidewalks, shall be parked only in such manner
as not to obstruct or impede the normal movement of pedestrian or
other traffic or access to adjacent buildings.
11.
Speed. No person shall operate a low-speed electric bicycle or a
low-speed electric scooter at speeds faster than are reasonable or
proper, which in no case shall be in excess of legal speed limits,
unless participating in an officially sponsored or sanctioned rally
or road race.
12.
Reckless or careless riding. No person shall ride a low-speed electric
bicycle or a low-speed electric scooter in a reckless or careless
manner which endangers or is likely to endanger the safety or welfare
of other persons or property.
13.
Carrying passengers. No person operating a low-speed electric bicycle
or a low-speed electric scooter shall allow another person to ride
as a passenger unless the passenger is carried in a proper bike seat,
trailer or other accessory that complies with current regulations
and contains adequate provision for retaining the passenger in place
and for protecting the passenger; and the passenger is wearing a properly
fitted and fastened helmet meeting the standards set forth in N.J.S.A.
39:4-10.1.
14.
Riding on sidewalks. No person over the age of 13 shall ride a low-speed
electric bicycle or a low-speed electric scooter upon a sidewalk within
the Town of Guttenberg, or where signs prohibit the same. Whenever
such person is riding a low-speed electric bicycle or a low-speed
electric scooter upon a sidewalk or pedestrian right-of-way, such
person shall ride in single file only, yield the right-of-way to any
pedestrian and give an audible signal before overtaking and passing
any pedestrian. No person, even those under the age of 13, shall ride
a low-speed electric bicycle or a low-speed electric scooter upon
a sidewalk in a business district between the hours of 9:00 a.m. and
9:00 p.m. within the Town of Guttenberg, or where signs prohibit the
same.
15.
The riding of low-speed electric bicycles or low-speed scooters shall
be prohibited in public parks in the interest of safety. Designated
bicycle paths and public pathways shall be excluded from this prohibition.
16.
All other regulations of the provisions of New Jersey Revised Statutes
39:4-10 through 39:4.14-14.16, regulating the maintenance and operation
of low-speed electric bicycles or low-speed scooters is hereby incorporated
herein.
c.
Prohibited Motor Vehicles. Any electric bicycle or electric scooter
with an electric motor greater than 750 watts is not to be considered
a "low-speed" electric bicycle/scooter and shall be effectively prohibited
from operation in the Town of Guttenberg, unless such vehicle is specifically
authorized by the New Jersey Motor Vehicle Code, and is properly registered
and insured, and operated by a licensed operator.
d.
Business Regulations.
1.
All persons and businesses who own, rent, hire or lease bicycles,
low-speed electric bicycles or low-speed electric scooters, in the
Town of Guttenberg for the delivery of items in commerce, such as
messages, parcels, food, wares and/or other merchandise or goods,
or for the delivery of items in commerce destined for the Town of
Guttenberg:
(a)
Shall keep each bicycle, low-speed electric bicycle or low-speed
electric scooter in a safe operating condition, and shall advise the
persons using said bicycles, low-speed electric bicycles or low-speed
electric scooters of the regulations for use in the Town of Guttenberg;
(b)
Shall post a copy of this section in a conspicuous place where
said bicycles are kept, rented, hired or leased, if such location
is within the Town of Guttenberg; and
(c)
Shall ensure that any employee, agent, or contractor, while
utilizing low-speed electric bicycle or low-speed electric scooters
for hire by, for or on behalf of such person or business, shall wear
a reflective vest, and have affixed a tag, license, decal or marking
affixed to the low-speed electric scooter or bicycle clearly identifying
such low-speed electric bicycle or low-speed electric scooter as being
operated for hire by, for or on behalf of such person or business.
2.
For the purposes of this section to "hire" includes persons or businesses
whose employees or agents utilize low-speed electric bicycles or low-speed
electric scooters to deliver their messages, parcels, food, wares
and/or other merchandise or good during the time such low-speed electric
bicycles or low-speed electric scooters is/are being used for such
purpose, whether or not such low-speed electric bicycles or low-speed
electric scooters is/are owned, leased or rented by the person or
business.
3.
A person or businesses' failure to comply with this section shall
be considered a violation of this section.
4.
Any violation of this section by an operator of a low-speed electric
bicycle or low-speed electric scooters while in the hire of a person
or business, shall also be considered a separate violation of this
section by such person or business.
e.
Registration Requirement. All persons and businesses who own, rent,
hire or lease bicycles, low-speed electric bicycles or low-speed electric
scooters, in the Town of Guttenberg for the delivery of items in commerce,
such as messages, parcels, food, wares and/or other merchandise or
goods, shall maintain proper registration tags and licenses for each
bicycle, low-speed electric bicycle or low-speed electric scooter
issued by the Guttenberg Police Department.
1.
All persons and businesses who rent, hire or lease bicycles, low-speed
electric bicycles or low-speed electric scooters for the delivery
of items in commerce destined for the Town of Guttenberg, but that
are not located within the Town of Guttenberg, shall comply with any
municipal registration requirements applicable to bicycles, low-speed
electric bicycles or low-speed electric scooters, that may be in force
in the location where such business or person's business is based.
2.
A person or businesses' failure to comply with this section shall
be considered a violation of this section.
3.
Any violation of this section by an operator of a low-speed electric
bicycle or low-speed electric scooters while in the hire of a person
or business, shall also be considered a separate violation of this
section by such person or business.
f.
The Police Department is hereby authorized to erect signs on any
roadway or sidewalk within the Town of Guttenberg where it is deemed
necessary to prohibit the riding of low-speed electric bicycles or
low-speed electric scooters thereon by any person; and when such signs
are in place no person shall disobey the same.
[Ord. #014/03 § 1; amended 10-25-2021 by Ord. No. 24-21]
Unless otherwise permitted by law, no person under the age of
14 may operate a low-speed electric bicycles or low-speed electric
scooter, and roller skates or a skateboard without wearing full protective
gear, including helmet, wrist guards, elbow pads; no person under
the age of 14 may operate a scooter without a helmet, elbow pads and
knee pads and no person under the age of 17 may operate a bicycle,
low-speed electric bicycles or low-speed electric scooter, without
wearing a helmet as required by N.J.S.A. 39:4-10.1. No person of any
age may operate a low-speed electric bicycles or low-speed electric
scooter without wearing a helmet.
[Ord. #014/03 § 1]
In accordance with N.J.S.A. 39:4-10-10a, any person operating
roller skates, a skateboard or a scooter upon a roadway shall ride
as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
same direction; provided, however, that any person may move to the
left under any of the following situations:
a.
To make a left turn from a left turn lane or pocket;
b.
To avoid debris, drains or other hazardous conditions that make it
impracticable to ride at the right side of the roadway.
c.
To pass a slower moving vehicle;
d.
To occupy any available land when traveling at the same speed as
other traffic; or
e.
To travel no more than two abreast when traffic is not impeded.
[Ord. #014/03 § 1]
The operation of roller skates, a skateboard or a scooter by
any person under the age of 14 is prohibited upon the following roadways:
[Ord. #014/03 § 1]
The use of motorized roller skates, scooters or skateboards
is hereby prohibited. The motor need be engaged in order for a person
to be in violation of this prohibition. Any member of the Police Department
who witnesses a violation of this subsection shall confiscate the
motorized scooter which shall remain in police custody until such
time as (1) the violator pleads guilty by the Municipal Court and
pays the subsequent fine or (2) the violator is found not guilty by
the Municipal Court.
[Ord. #014/03 § 1; amended 10-25-2021 by Ord. No. 24-21]
a.
Any person violating this section shall be fined a minimum of $50
and a maximum of $250 per offense, as determined in the discretion
of the Judge of the Municipal Court.
b.
Notwithstanding paragraph a above, any person under the age of 14 who violates the provisions of Subsection 3-23.4 above, by failing to wear the appropriate protective gears shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for the first offense and a maximum of $100 for any subsequent offense. The penalties provided under this provision may be waived if the parent or legal guardian presents suitable proof that an approved helmet or appropriate personal protection equipment has been made available to the minor. The parent or legal guardian shall be responsible for the minor's use of the appropriate protective gear as provided herein. All moneys collected as fines under this subsection shall be deposited in the Bicycle and Skating Safety Fund, pursuant to Section 2 of P.L. 1991 c. 465 (39:4-10.2).
c.
Any person or business association engaged in renting, hiring or
leasing bicycles, low-speed electric bicycles or low-speed electric
scooters in the Town of Guttenberg found to be in violation of this
chapter shall be issued a summons and may be subject to a fine not
to exceed $500, at the discretion of the Judge before whom such person
is convicted.
d.
Enforcement of this section may be completed by the Guttenberg Police
Department.
e.
Any electric bicycle or electric scooter, whether low-speed or not,
being operated or propelled in violation of any of the provisions
of this section, upon the personal observation of a law enforcement
officer, is subject to immediate confiscation and/or impoundment.
1.
A confiscated electric bicycle or scooter shall be returned upon
payment of any fine imposed or upon any final adjudication, and/or
proof of compliance any applicable requirements of Title 39 of the
Statutes of the State of New Jersey and applicable ordinances of the
Town of Guttenberg.
2.
For purposes of determination of abandonment, any confiscated electric bicycle or electric scooter that does not qualify as motor vehicles or motorcycles under Title 39 of the Statutes of the State of New Jersey, may be considered presumptively abandoned as of the date of confiscation for purposes of the Town's ordinance Regarding Personal Property Located Upon Public Roadways, Streets And Sidewalks And Other Public Property And Rights Of Way Of And Within The Town Of Guttenberg Section 3-26, and may be disposed of by the Town as provided for therein.
3.
Any confiscated electric bicycle or electric scooter that may be
considered to be a motor vehicle or motorcycle under Title 39 of the
Statutes of the State of New Jersey, shall be considered impounded
for purposes of N.J.S.A. 39:3-40.3 and may be disposed of by the Town
as provided for therein.
f.
The penalties provided in this section are not exclusive but cumulative
and in addition to any other penalties that may apply under the Statutes
of the State of New Jersey and the Revised General Ordinances of the
Town of Guttenberg.
[Ord. #2014-12]
a.
PARKS AND RECREATIONS FACILITIES - Shall include all public parks,
playgrounds and ball fields publicly owned or leased by the Town of
Guttenberg and all property owned or leased by the Town of Guttenberg
upon which the public is invited or upon which the public is permitted
and where individuals gather for recreational activities, including
all areas adjacent to such facilities, including, but not limited
to, any parking area, driveway or drive aisle.
b.
PERSON - Is any person, firm, partnership, association, corporation,
company or organization of any kind.
c.
VEHICLE - Is any wheeled conveyance, whether motor powered, animal-drawn,
or self-propelled. The term shall include any trailer in Town of any
size, kind or description. Exception is made for baby carriages and
vehicles in the service of the Town.
[Ord. #2014-12]
Parks, unless otherwise posted at a specific park, shall be
open to the public every day of the year from 7:00 a.m. to sunset.
It shall be a violation of this section to be in any public park prior
to 7:00 a.m. or after sunset of any day. Notwithstanding the above,
the Town Administrator may, in his discretion, issue permits allowing
individuals or groups to utilize a public park for a specific purpose
or event for a time prior to 7:00 a.m. or after sunset.
[Ord. #2014-12]
a.
Buildings and Other Property.
1.
Disfiguration and Removal. No person in a park shall willfully mark,
deface, disfigure, injure, tamper with, or displace or remove, any
building, tables, benches, railings, paving or paving material, water
lines or other public utilities or parts or appurtenances thereof,
signs, notices or placards whether temporary or permanent, monuments,
stakes, posts, or other boundary markers, or other structures or equipment,
facilities or park property or appurtenances whatsoever, either real
or personal.
2.
Restrooms and Washrooms. No person in a park shall fail to cooperate
in maintaining restrooms and washrooms in a neat and sanitary condition.
3.
Removal of Natural Resources. No person in a park shall dig, or remove
any soil, rock, stones, trees, shrubs, or plants, down-timber or other
wood or materials, or make any excavation by tool, equipment, blasting,
or other means or agency.
4.
Erection of Structures. No person in a park shall construct or erect
any building or structure of whatever kind, whether permanent or temporary
in character, or run or string any public service utility into, upon,
or across such lands, except on special written permit issued hereunder.
b.
Trees, Shrubbery, Lawns and Monuments.
1.
Injury and Removal. No person in a park shall damage, cut, carve,
transplant or remove any tree or plant or injure the bark, or pick
the flowers or seeds of any tree or plant. Nor shall any person attach
any rope, wire, or other contrivance to any tree or plant. A person
shall not dig in or otherwise disturb grass areas, or in any other
way injure or impair the natural beauty or usefulness of any area.
2.
Monuments and Other Structures. No person in a park shall walk, stand
or sit upon monument, vases, fountains, railing, fences or upon any
other property not designated or customarily used for such purposes.
[Ord. #2014-12]
a.
Pollution of Waters. No person in a park shall throw, discharge,
or otherwise place or cause to be placed in the water in or adjacent
to any park or any tributary, stream, storm sewer, or drain flowing
into such waters, any substance, matter or thing, liquid or solid,
which will or may result in the pollution of said waters.
b.
Refuse and Trash. No person in a park shall have brought in or shall
dump, deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage, or refuse, or other trash. No
such refuse or trash shall be placed in any waters in or contiguous
to any park, or left anywhere on the grounds thereof but shall be
placed in the proper receptacles where these are provided; where receptacles
are not so provided, all such rubbish or waste shall be carried away
from the park by the person responsible for its presence and properly
disposed elsewhere.
[Ord. #2014-12]
a.
Traffic. No person shall drive, park, stop, or stand any vehicle
in any area except paved roads or parking areas.
b.
Waterfront Parking.
1.
Parking. Parking shall only be during times when the Waterfront Park
is opened and utilized by the public. No parking is allowed at any
time by any person who is not present and utilizing said park.
2.
Limitation of Parking. While the Waterfront is open, no vehicle shall
be parked within the Waterfront Park parking lot at any one time for
more than four hours.
3.
Towing. Any vehicles parked in violation of this section may be towed,
and the cost of towing and storage of the vehicle will be at the owner's
expense.
4.
Penalty. Any person parking in violation of this section shall be
subject to a fine of $40 per each day a violation occurs.
[Ord. #2014-12]
b.
Fireworks and Explosives. No person in a park shall bring, or have
in his possession, or set off or otherwise cause to explode or discharge
or burn, any firecrackers, torpedo rocket, or other fireworks or explosive
or inflammable material, or discharge them or throw them into any
such area from land or highway adjacent thereto, except on special
written permit issued hereunder.
c.
Domestic Animals. No person in a park shall have been responsible
for the entry of a dog or other domestic animal into areas other than
concourses and walks. Nothing herein shall be construed as permitting
the running of dogs at large. All dogs in those areas, where such
animals are permitted shall be restrained at all times on adequate
leashes.
d.
Fires. No person in a park shall build or attempt to build a fire
or barbecue. No person shall drop, throw, or otherwise scatter lighted
matches, burning cigarettes or cigars, tobacco paper or other inflammable
material, within any park area.
e.
Regulated Activities. No person, except as permitted at designated
times and in designated areas, shall engage in any of the following
activities:
[Ord. #2014-12]
No person in a park shall engage in loud, boisterous, threatening,
abusive, insulting or indecent language or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
[Ord. #2014-12]
No person in a park shall without proper permit or license:
a.
Vending and Peddling. Expose or offer for sale any article or thing,
nor shall station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing.
b.
Advertising. Announce, advertise or call the public attention in
any way to any article or service for sale or hire.
c.
Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatsoever, nor shall any person erect or cause to
be erected any sign whatsoever on any public lands.
[Ord. #2014-12]
a.
Permit. A permit shall be obtained from the Town Administrator before
participating in the following park activity:
1.
Application. A person seeking issuance of a permit hereunder shall
file an application with the Town Administrator. The application shall
state:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
An estimate of the anticipated attendance.
(f)
Any other information which the Town Administrator shall find
reasonably necessary to a fair determination as to whether a permit
should issue hereunder.
2.
Standards for Issuance. The Town Administrator shall issue a permit
hereunder when he or she finds:
(a)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general enjoyment of the park.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or use is not reasonably anticipated
to incite violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail unusual, extraordinary
or burdensome expense or police operation by the Town.
(e)
That the facilities desired have not been reserved for other
use at the date and hour required in the application.
3.
Effect of Permit. A permittee shall be bound by all park rules and
regulations and all applicable ordinances fully as though the same
were inserted in said permits.
4.
Liability of Permittee. The person or persons to whom a permit is
issued shall be liable for any loss, damage or injury sustained by
any person whatever by reason of the negligence of the persons to
whom such permit shall have been issued.
5.
Revocation. The Town Administrator shall have the authority to revoke
a permit upon finding of violation of any rule or ordinance, or upon
good cause shown.
[Ord. #2014-12]
[Ord. #2014-12]
Any person convicted of a violation of this section shall be
liable to a penalty of not more than $500 or imprisonment for a term
not exceeding 30 days or both.
[Added 2-24-2020 by Ord.
No. 05-20]
No person, either by himself, his agent or in association with
others, shall create or maintain a nuisance within the Town of Guttenberg.
[Added 2-24-2020 by Ord.
No. 05-20]
To render or maintain either impure or unwholesome the air,
the soil, the public highway, any structure, any food, drink or medicine;
or to sell or lease that which has been rendered impure or unwholesome;
or to needlessly put in jeopardy human life, health or physical comfort
in any manner whatsoever; or to aid in so doing, is hereby declared
to be a nuisance within the Town of Guttenberg.
[Added 2-24-2020 by Ord.
No. 05-20]
When any nuisance shall be brought to the attention of the Guttenberg
Police Department, Guttenberg Code Enforcement Officer(s) and Health
Inspector(s)/Investigator(s), they shall be careful in the inspection;
and, if satisfied that the nuisance exists in violation of this section,
they may issue a summons, arrest the person or persons responsible
for creating or maintaining it or they shall serve upon them a notice
signed by them directing the party responsible to abate the nuisance.
[Added 2-24-2020 by Ord.
No. 05-20]
Whenever the owner or owners reside in another state, the notice
shall be posted on the premises to remove and abate the nuisance within
the specified time from the date thereof.
[Added 2-24-2020 by Ord.
No. 05-20]
If the owner or other proper persons who have been notified
shall neglect or refuse to take proper steps to abate the nuisance
within the time specified, proceedings shall be taken to recover the
penalty provided for the violation of said section.
[Added 2-24-2020 by Ord.
No. 05-20]
If the owner fails to abate the nuisance or notice cannot be
served or the owner located, this Board shall abate such nuisance
as may exist and the expense thereof shall be a lien on the property,
levied the same as taxes or assessments.
[Added 2-24-2020 by Ord.
No. 05-20]
The Inspectors, whenever requested or ordered to examine or
inspect premises as required by the laws of this state and this Board,
must show their badges of authority. Any persons are hereby forbidden
to interfere with or obstruct in any way such inspection, examination
or execution.
[Added 2-24-2020 by Ord.
No. 05-20]
Any person, firm, corporation, partnership or other entity violating
any provisions of this section or any rules and regulations promulgated
by the Town pursuant hereto shall be punished by one or more of the
following: a fine not exceeding $2,000; imprisonment for a term not
exceeding 90 days; and/or a period of community service not exceeding
90 days, in the discretion of the judge before whom such conviction
shall be heard. Each and every violation and nonconformance with this
chapter on each day that any provision of this section shall have
been violated shall be construed as a separate and distinct violation
hereof.
[Added 9-27-2021 by Ord.
No. 21-21]
Shall mean a vehicle composed of two wheels held in a frame
one behind the other, propelled and steered with handlebars attached
to the front wheel.
Shall mean a row of frames where Bicycles can be left, intended
for such purpose.
Shall mean tangible personal property other than litter,
rubbish or other waste upon the Public Rights of Way or motor vehicles
subject to the provisions of N.J.S.A. 39:10A-1 et seq.
Shall mean the public sidewalks, streets or roadways or other
public property or right-of-way of or within the Town of Guttenberg.
Shall mean personal property that has been left mislaid,
forgotten or abandoned on a public right-of-way or that is presumed
to have been left mislaid, forgotten or abandoned on a public right-of-way
under the terms of this section.
[Added 9-27-2021 by Ord.
No. 21-21]
a.
No person shall place, leave, mislay, forget or abandon personal
property, upon the public rights-of-way without express consent of
the Town.
b.
Any personal property so left shall be subject to being seized, removed,
impounded, discarded, and/or auctioned by the Town pursuant to the
terms of this section.
c.
A violation of this provision shall be punishable by a fine of not
more than $100, payable to the Town of Guttenberg.
d.
Any member of the Police Department and any Building Department code
enforcement personnel may issue citations for violations of this section.
[Added 9-27-2021 by Ord.
No. 21-21]
a.
Any perishable Personal Property remaining stationary and unused
on the public rights-of-way shall be presumed to be unclaimed personal
property.
b.
Other than for bicycles affixed to a bike rack, any non-perishable
personal property remaining stationary and unused on the public rights-of-way
for more than three days consecutively shall be reasonable ground
to believe and prima facie evidence that such property has been left
mislaid, forgotten or abandoned and shall be presumed to be unclaimed
personal property.
c.
Any bicycle affixed to a bike rack, remaining stationary and unused
on the public rights-of-way for more than 30 days consecutively shall
be reasonable ground to believe and prima facie evidence that such
property has been left mislaid, forgotten or abandoned and shall be
presumed to be unclaimed personal property.
[Added 9-27-2021 by Ord.
No. 21-21]
Any unclaimed personal property located on the public rights-of-way
shall be immediately seized and removed, by any Town agent or employee.
The Town shall not be liable for the cost or value of any implement
utilized to tie down or otherwise affix the unclaimed personal property
upon the public rights-of-way or bike rack destroyed or otherwise
damaged or rendered inoperable during the process of seizing and/or
removing such property.
[Added 9-27-2021 by Ord.
No. 21-21]
Any foodstuffs and perishable unclaimed personal property seized
and removed pursuant to the provisions of this section, shall be immediately
discarded. The Town shall not be liable for the value or cost of such
discarded unclaimed personal property.
[Added 9-27-2021 by Ord.
No. 21-21]
Any non-perishable personal property seized and removed pursuant
to the provisions of this section by any agent or employee of the
Town, shall immediately be delivered to the Police Department for
impoundment and storage until it same can be disposed of in accordance
with the terms of this section.
[Added 9-27-2021 by Ord.
No. 21-21]
Delivery of such unclaimed personal property to the Police Department
shall constitute reasonable efforts to return such delivered property
to the owner thereof under the terms of N.J.S.A. 46:3C-3.
[Added 9-27-2021 by Ord.
No. 21-21]
Any impounded unclaimed personal property shall not be released
until proper proof of ownership is presented and all fines then due
under this section are paid, together with a removal charge of $50
and a storage charge equal to $1 per day. The Town shall not be liable
for any damage related to the seizure and removal of the unclaimed
personal property or any damage to the unclaimed personal property
itself.
[Added 9-27-2021 by Ord.
No. 21-21]
If the owner of the unclaimed personal property does not reclaim
it within six months of the commencement of reasonable efforts to
return it by delivery of such property to the Police Department, the
Town may either: (1) claim title to the property for the Town; (2)
dispose of same; or (3) auction such unclaimed personal property pursuant
to the terms of N.J.S.A. 40A:14-157.
[Added 10-24-2022 by Ord.
No. 19-2022]
Notwithstanding the provisions of N.J.S.A. 39:4-138 to the contrary,
the parking of motor vehicles in front of private driveways whenever
both the motor vehicle and driveway involved are owned by the same
person, whenever the motor vehicle is owned by a member of the same
household as the owner of the private driveway, or whenever the owner
of the private driveway authorizes the parking of a motor vehicle
in front of the private driveway is hereby permitted, where such parking
is not otherwise prohibited and does not interfere with the normal
flow of traffic.
[Added 10-24-2022 by Ord.
No. 19-2022]
If requested, the Town will provide for the issuance of a permit
which authorize the parking of motor vehicles in front of private
driveways and identify the location of the driveway in front of which
the parking of a motor vehicle is permitted to be issued to owners
of private driveways and to members of the same household as the owner
of a private driveway provided that a completed application for a
permit has been filed as required by the municipality. An owner of
a private driveway shall be eligible to apply for up to three permits
for his own motor vehicles or for use by other parties authorized
by the owner to park in front of the private driveway. Each member
of the owner's household who owns a motor vehicle shall also
be eligible to apply for a permit issued under this section. Such
permit, if issued, shall be 5 1/2 inches by 8 1/2 inches
in size, and shall bear an appropriate certification of authenticity
and be displayed prominently within the vehicle when it is parked
so as to be seen from the middle of the street.
