Town of Guttenberg, NJ
Hudson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, and each violation of this section, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[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]
Any person violating this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. 8/17/88 § 1]
As used in this section:
LITTER
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]
Any person who shall violate any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5, General Penalty.
[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]
Any person who shall violate any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[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:
CAMPAIGN MATERIAL
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.
PERSON
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.
POLITICAL SIGN
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.
PUBLIC PLACE OR PUBLIC FACILITY
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]
Any person or persons violating any of the provisions of this section, shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[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]
Any person or persons violating any of the provisions of this section, shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[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]
Any person found guilty of a violation of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[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]
Any violation of any provision of this section is hereby declared to be a nuisance and any person guilty thereof shall be liable to the penalty stated in Chapter 1, Section 1-5 for any one or each offense.
[Ord. #14-13]
As used in this section, the following words shall have the following meanings:
ENCLOSED AREA
Shall mean all areas between a floor and a ceiling, extending to the center perimeter walls of a structure.
PARKS AND RECREATIONAL 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.
SMOKING
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:
BASIC TOWING SERVICE
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.
INSIDE BUILDING
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.
OUTSIDE SECURED
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.
OUTSIDE UNSECURED
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."
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
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.
TOW VEHICLE
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.
TOW VEHICLE'S BASE OF SERVICE
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.
d. 
Each year, there shall be a new bid process as described in subsection 3-11.4. No current holder of a license shall be given any preference in the new bid process.
[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]
a. 
The maximum allowable fees for towing and storage:
1. 
Class 1: Automobiles.
Wheel Lift
$125
Flatbed
$125
Storage
$35/day
2. 
Class 2: SUV, Vans, Pickups Up to 9,000 lbs.
Wheel Lift
$150
Flatbed
$150
Storage
$45/day
3. 
Class 3: Trucks and Buses Over 9,000 lbs.
Underlift-Wheel Lift
$250/hour (2 hr. minimum)
Lowboy
$250/hour (2 hr. minimum)
Storage
$85/day (per unit)
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]
The owner of any audible alarm system which is deemed a public nuisance pursuant to subsection 3-12.4 shall be liable to the penalty stated in Chapter 1, Section 1-5.
[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]
Any person violating or failing to comply with any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. #1995-06 § 1]
GRAFFITI
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.
MINOR
Shall mean any person under the age of 18 years.
WIDE FELT TIP MARKERS
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]
PUBLIC BUILDING
Shall mean any publicly owned or leased library or museum.
PUBLIC HOUSING, FACILITY
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.
PUBLIC PARK
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:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
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.
[Ord. #014/03 § 1]
The following terms, as used in this section, are defined below:
ROLLER SKATES
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.
SCOOTER
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]
Every person operating any roller skates, skateboard or scooter 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.
[Ord. #014/03 § 1]
The Mayor and Council, pursuant to N.J.S.A. 39:4-10-10a may regulate the operation of roller skates, skateboards and scooters upon the roadways and public properties under municipal jurisdiction.
[Ord. #014/03 § 1]
No person under the age of 14 may operate 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.
[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:
a. 
State roadways.
b. 
County roadways.
c. 
Any section of roadway with a posted speed limit in excess of 35 miles per hour.
[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]
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).
[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]
a. 
Intoxicating Beverages.
1. 
Prohibition. No person in a park shall have possession of alcoholic beverages nor shall any person drink alcoholic beverages at any time in the park.
2. 
Drunkenness. No person in a park shall have entered or be under the influence of intoxicating liquor.
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:
1. 
Bike Riding.
2. 
Rollerblading.
3. 
Skateboarding.
4. 
Use of scooters whether motorized or non-motorized.
5. 
Operation of any model airplane or similar device.
6. 
Sledding.
[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]
a. 
The Guttenberg Police Department shall, in connection with their duties imposed by law, diligently enforce the provisions of this section.
b. 
Ejectment. The Guttenberg Police Department shall have the authority to eject from the park any person acting in violation of this section.
[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.