For violation of any provisions of this chapter, any other chapter
of this revision, or any other ordinance of the Borough where no specific
penalty is provided regarding the section violated, the maximum penalty,
upon conviction, shall be one or more of the following: a fine not
exceeding $1,000, or imprisonment for a period not exceeding 90 days,
or to a period of community service not exceeding 90 days at the discretion
of the municipal court judge. (N.J.S.A. 40:49-5)
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the Borough
exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
No person shall knowingly and willfully cause to be made or
created any noise so unreasonable in nature and so loud and disturbing
and unnecessary as to disturb the peace and comfort of the Borough
and its citizens, and to be detrimental to the life, safety, welfare
and health of any such individuals.
For the purposes of defining the general qualifications and
types of noises which are hereby prohibited unless otherwise provided
for, the following are enumerated:
a.
The unnecessary sound of any horn or signal device on any motor vehicle
or vehicle of any description while the vehicle is stationary or moving.
For the purpose of defining "unnecessary," it is the intention of
this section that the normal warning signals used by such vehicles
are not to be included or prohibited herein.
b.
The operation of any radio or phonograph where the volume is such
as to disturb the repose of any person or persons between the hours
of 11:00 p.m. and 7:00 a.m.
c.
The use of any loud speaker or amplifier on any vehicle using the
public streets, unless such vehicle is licensed as hereinafter set
forth.
d.
The unreasonable and/or indiscriminate use of musical instruments
such as horns, trumpets, whistles and allied instruments so as to
disturb the repose of any person or persons.
e.
The use of any motor vehicle or other vehicle of any kind or description
whether on public or private property, which vehicle is so out of
repair, so loaded, or in a condition so as to create loud and unnecessary
grating, grinding and rattling noises, and the excessive noises connected
with the loading and unloading of any vehicle carrying crates, bales,
boxes or other containers.
f.
Unnecessary noises emanating from erection, excavation, demolition,
alteration or repair of any building or other type of construction
other than between the hours of 7:00 a.m. until 9:00 p.m. on weekdays
and 9:00 a.m. until 7:00 p.m. on weekends and legal holidays, except
in case of emergency wherein the public health and safety are involved,
and in such cases then only under the supervision of the Borough Police.
In the case of religious, military, civic or political celebrations
or other gatherings in public places, parade or motorcade licenses
shall be issued as hereinafter set forth.
Whenever any provision of this section provides for a license
or permit to be issued, the permit shall be issued by the Borough
Clerk after proper application made in writing to the Mayor and Council,
which application shall explain in full detail the reason and purpose
for the application. Thereafter, the Mayor and Council by proper motion
or resolution shall authorize the Borough Clerk to issue the permit
upon the payment of a fee of $25. In cases of religious, charitable
or nonprofit organizations, this fee may be waived by the Mayor and
Council upon proper application made in writing at least two weeks
prior thereto.
The practice of hitchhiking, "thumbing rides" and other methods
of soliciting free transportation from passing vehicles has proven
to be an activity which causes substantial danger to its participants.
Any person hitchhiking, thumbing rides, and/or going upon the public streets and/or highways and soliciting free transportation from any passing vehicle within the Borough shall be deemed to be a disorderly person and shall be subject to arrest and the penalty set forth in section 3-1.
[Ord. No. 2017-05 § a]
This section contains the procedures for the use of recreational
facilities, fields, parks and other public spaces within the Borough
of Englewood Cliffs. The purpose of this section is to assure that
usage, access, and distribution of all recreational sites are in accordance
with Borough regulations. The primary use of Borough recreational
facilities and parks is for resident recreational activities. The
Borough may permit additional activities if not in conflict with other
community use and/or proper maintenance of the facility.
[Ord. No. 2017-05 § b]
As used in this section:
Shall mean the Borough of Englewood Cliffs.
Shall mean those entities that have been officially recognized,
by ordinance or agreement, as being charged with the responsibility
of planning, promoting, organizing and operating specific recreational
sports programs on behalf of the Borough, for the benefit of the Borough,
its residents and, in certain instances, the residents of neighboring
communities.
Shall mean the Mayor and Council of the Borough of Englewood
Cliffs.
Shall mean four or more persons.
Shall mean as defined herein.
Shall mean any person or persons to whom a facility use permit
is issued.
Shall mean any person, group, firm, partnership, association,
team, corporation, company or organization of any kind.
Shall mean and include the Borough's facilities, fields,
parks and other public spaces located within the Borough, including,
but not limited to, Witte Field Recreational Area, Irving Avenue Playground,
Woodland Park and/or West Bayview Avenue Basketball Courts, the Borough's
tennis courts and any other park, reservation, playground, recreational
center or any other area in the Borough owned, maintained or used
by the Borough, and devoted to active or passive recreation.
Shall mean any person, group, firm, partnership, association,
team, corporation or organization of any kind whose membership is
comprised of 80% or more of Englewood Cliffs residents.
[Ord. No. 2017-05 § c]
The Borough's Recreational Facilities are available for use
by Persons and Groups who make requests for such use. The determination
of issuance of a use permit will be based upon resident priority,
efficient scheduling, coordination of uses, regular maintenance, rehabilitation
of a facility after a specific use, availability and weather. Applications
are not required for the use of Recreational Facilities by Borough
residents except as required herein. A Person or Group that has reserved
a particular Recreational Facility and is in possession of a permit
shall receive priority over others lacking such a permit.
[Ord. No. 2017-05 § c]
A Permit shall be required for the use of any Recreational Facility
under any of the following circumstances:
a.
When there are Organized Groups (as defined herein) of more than
four participants or when 50 or more spectators in attendance;
b.
When any equipment is to be installed temporarily at the Recreational
Facility including, but not limited to, goals, nets and lining of
the field of play. No permanent installations of equipment may be
made;
c.
When any Recreational Facility will be used for any sport or purpose
other than for which it was specifically created;
d.
When the Recreational Facility is to be used by an Organized Group
for games, practices or activities. Games, practices and/or activities
will be considered as being undertaken by an Organized Group if:
1.
There is a coach, referee, umpire or other official present; or,
2.
Teams are part of a league; or,
3.
Teams have uniforms; or,
4.
There is a charge for any team, player or participant for team participation;
or,
5.
There are trophies, medals or other prizes offered to individuals
or teams; or,
6.
Spectators are invited;
e.
When the game or event is sponsored by a business or organization;
f.
When a Person or Group elects to reserve a Recreational Facility
for exclusive use for a specific period of time;
g.
When the Recreational Facility will be used for sports or other training,
exercise, instruction or other activity conducted by an individual
paid to provide said services;
[Ord. No. 2017-05 § c]
a.
All applications of a Use Permit must be made a minimum of 30 calendar
days in advance of the time requested.
[Ord. No. 2017-05 § c]
The application for use of a Recreational Facility may be downloaded
from the Borough's website or may be obtained from the Recreation
Director or Borough Clerk during the Borough's business hours. A Person
or Group seeking issuance of a permit shall file an application with
the Recreation Director consistent with the terms set forth on the
permit. The application should be submitted or mailed to the Borough
Clerk's Office, Attn.: Recreation Director, Borough of Englewood Cliffs,
482 Hudson Terrace, Englewood Cliffs, NJ 07632.
[Ord. No. 2017-05 § c]
Standards for issuance of a Recreational Facility permit by
the Recreation Director shall include, but not be limited to, the
following findings:
a.
That the proposed activity or use will not unreasonably interfere
with or detract from the general public enjoyment of the Recreational
Facility;
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 shall be consistent with the outlined
priority of uses contained herein;
d.
That the proposed activity and use shall not have an adverse effect
upon the condition of the Recreational Facility;
e.
That the proposed activity is not reasonably anticipated to incite
violence, crime or disorderly conduct;
f.
That the proposed activity will not entail extraordinary or burdensome
expense or police supervision by the Borough;
g.
That the Recreational Facility has not been reserved for other use
at the date and time requested in the application;
h.
That the Recreational Facility has not been scheduled for maintenance
or for rest in order to promote the preservation of its condition;
i.
That the applicant has not had a previous permit revoked and/or has
not been found to have violated this chapter in connection with previous
use;
j.
That the proposed use will not result in an unreasonable burden or
hazard due to lack of parking for the expected participants and spectators;
k.
Such other factors particular to and/or reasonably related to the
permit, Recreational Facility, or proposed activity.
[Ord. No. 2017-05 § c]
Proof of insurance is required to be submitted with certain
Recreational Facility permit applications.
a.
Formal organizations (e.g., Little League, Boy Scouts, athletic leagues,
AAU teams, travel teams, businesses, athletic camps, etc.) that wish
to use a Recreational Facility must maintain and provide proof of
adequate insurance. An original, executed certificate of insurance
is required at the time of application. Informal groups, however,
are free to use the facilities without insurance coverage, contingent
upon the execution of an indemnification and waiver which is more
particularly described below. Insurance requirements may also be waived
for Borough-sponsored or approved meetings or events. Determination
as to whether a group is formal or informal will be made by the Recreation
Director. Factors will include, but are not limited to, incorporation
status, size of membership, frequency of gatherings and existing insurance.
b.
Those permittees required to have insurance must present satisfactory
evidence (an original, executed certificate of insurance) of insurance
protection for participants, spectators, coaches and the public. Satisfactory
evidence of insurance shall mean commercial general liability insurance
from an insurer licensed to do business in the State of New Jersey,
with limits of liability in an amount not less than $1,000,000 per
occurrence and aggregate. The policy must provide coverage for the
permittee's activity at the Recreational Facility and shall state
such activities on the certificate of insurance. The certificate of
insurance shall name the Borough of Englewood Cliffs as an additional
insured for the duration of the permit.
[Ord. No. 2017-05 § c]
a.
All permittees must sign a waiver in which they agree to waive and
relinquish all claims and causes of action of every kind which they
have or may have against the Borough of Englewood Cliffs arising out
of the use of the Recreational Facility resulting in personal injury
and/or property damage. All permittees must acknowledge that they
assume all risks in connection with the use of the Recreational Facility.
b.
All permittees must indemnify the Borough of Englewood Cliffs for
any and all liability of loss and against all claims or actions based
upon or arising out of damage or injury (including both) to persons
or property caused by or sustained in connection with the applicant's
use of the Recreational Facility and the defense of any such claims
or actions, whether the liability, loss or damage is caused by or
arises out of negligence of the Borough of Englewood Cliffs, or any
of the agents, employees or otherwise. The permittee must further
agree to reimburse the Borough of Englewood Cliffs, its agents, employees
or otherwise, for any and all expenses, attorney's fees and/or costs
incurred in the enforcement of this waiver and indemnification.
c.
The permittee's signature on and execution of the waiver and indemnification
form shall explicitly mean and be interpreted to mean that the permittee
is binding all participants in the permitted activity.
d.
The form of waiver and indemnification may be downloaded from the
Borough's website or may be obtained from the Borough Clerk during
regular business hours.
[Ord. No. 2017-05 § c]
a.
Any application for a permit and all required documentation shall
be submitted to the Recreation Director, who shall review and make
a decision of approval or disapproval. The Recreation Director may
consult with the Borough Council's Recreation Committee and/or the
Borough Administrator regarding any permit. Review and decision on
any permit may also be submitted to the Mayor and Council to be considered
at a public meeting of that body.
b.
Whenever an application for a permit raises any concerns about safety,
crowd control, parking or any matter concerning the public health,
safety and welfare, same shall be submitted to the Police Department,
which shall notify the Recreation Director within five business days
of any considerations for approving or rejecting the application.
c.
The Recreation Director shall contact the applicant to advise of
the application's disapproval or approval and any special conditions
attached to an approved permit. If the application is approved, the
applicant will also be advised of the usage fees along with payment
instructions. Usage fees are not refundable unless deemed otherwise
by the Borough Council.
d.
The Recreation Director, in his discretion, may require that a permittee
provide a returnable deposit of $200, in addition to other fees and
costs. This deposit will be used to cover any damage to Borough property
or cleaning required due to the use of the facility by the permittee.
Permittees will be notified, in writing, by the Recreation Director,
if any such charge will be assessed against the deposit. If no charges
are assessed after the event, the deposit shall be refunded to the
permittee.
e.
Upon receipt of payment in full and all required paperwork, a permit
will be issued to the applicant. No one will be permitted to use any
field without a permit.
[Ord. No. 2017-05 § c]
a.
A permittee shall be bound by all Recreational Facility rules and
regulations and all Federal, State and local laws and regulations
though the same were inserted in such permits.
b.
The Person or Group to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the Person or Group to whom such permit
shall have been issued. The person or Group to whom the permit is
issued shall be responsible for:
1.
Ensuring that all participants and spectators adhere to Recreational
Facility rules and regulations; and,
2.
Ensuring that the Recreational Facility is in safe and usable condition
prior to allowing players or participants to proceed and to report
unsafe conditions to the Borough not later than one day after its
use; and,
3.
Ensuring that upon conclusion of the use, the Recreational Facility
is left in the same condition as it was found, including removal of
any equipment and cleanup and proper disposal of any garbage.
[Ord. No. 2017-05 § c]
The Recreation Director and/or the Borough Council shall have
the authority to revoke a permit upon a finding of violation of any
rule or ordinance or upon good cause shown. The Recreation Director
and/or the Borough Council may also revoke a permit which has been
issued upon discovery of a material misrepresentation of fact on the
application.
[Ord. No. 2017-05 § c]
Approval of applications for permits for the use of Recreational
Facilities shall be based upon priority given to Englewood Cliffs
residents. The following order of priority shall apply:
a.
Meetings or events directly sponsored by the Borough for Borough
purposes, inclusive of the Borough's recreational sports programs
via the Borough-approved recreational sports associations;
b.
Meetings or events directly sponsored by Borough advisory boards
and committees.
c.
Meetings or events directly sponsored by Borough departments for
Borough purposes.
d.
Meetings or events held for the discussion of Borough issues.
e.
Resident youth recreational activities, leagues or service organizations
that are made up exclusively of Englewood Cliffs residents.
f.
Resident adult recreation activities, leagues or service organizations
that are made up exclusively of Englewood Cliffs residents.
g.
Board of Education related activities.
h.
Nonresident youth recreation activities, leagues or service organizations.
i.
Nonresident adult recreation activities, leagues or service organizations.
j.
All other uses.
[Ord. No. 2017-16 § d]
a.
All Borough Recreational Facilities shall be officially closed to
all persons between the hours of one-half hour after sunset and one-half
hour before sunrise, except as provided herein.
b.
It shall be unlawful for any person to go in or upon any of the Borough's
Recreational Facilities between one-half hour after sunset and one-half
hour before sunrise, as published by the Astronomical Applications
Dept., U.S. Naval Observatory, for the rise and set for the sun for
the current year for Edgewater, New Jersey.
c.
The above prohibition shall not apply to those individuals who are
present for the following:
d.
Any person who violates any provision of this section shall be subject
to a fine of between $50 and $100 for the first offense, between $100
and $200 for the second offense, and for third and subsequent offenses,
a minimum fine of $350 but not exceeding $1,000, as shall be determined
by a Municipal Court Judge.
[Ord. No. 2017-16 § e]
a.
All dogs and other animals are prohibited at all Borough Recreational
Facilities, except as provided herein.
b.
Dogs shall be permitted only at the following locations and with
the limitations described herein:
1.
Dogs shall be allowed on the paved walkways from Johnson Avenue and
from Floyd Street to the circular paved path within the Witte Field
Recreational Area;
2.
All dogs must be leashed with a leash that shall not be more than
six feet in length;
3.
All dogs must be accompanied by a person who is 12 years of age or
older, who must maintain control of the dog at all times and shall
take care to avoid injury to person or property;
4.
All dogs must be duly licensed by the Borough.
c.
All persons accompanying dogs shall be required to remove all animal
feces immediately and dispose of same in a sanitary manner.
d.
This section may be enforced by the Borough Board of Health or its
designee, the Borough Police Department or the Borough Superintendent
of Public Works his/her designee.
e.
Any person who violates any provision of this section shall be subject
to a fine of between $50 and $100 for the first offense, between $100
and $200 for the second offense, and for third and subsequent offenses,
a minimum fine of $350 but not exceeding $1,000, as shall be determined
by a Municipal Court Judge.
[Ord. No. 2017-16 § f]
a.
It shall be unlawful for any person to use any bicycle, skateboard,
roller skates, moped, mini-bike, or any motorized, electric or self-propelled
vehicle of any kind, which use shall be prohibited at all Borough
Recreational Facilities and at the Upper School and North Cliffs School
owned by the Borough Board of Education, except as provided herein.
b.
Bicycles shall be permitted only on the circular path and other paved
areas at the Witte Field Recreational Area with the limitations described
herein, provided that all bicycle wheels shall not be more than 28
inches in circumference and are operated only by persons who are 18
years of age or younger.
c.
All bicycle operators within the Witte Field Recreational Area shall
be responsible for maintaining control at all times and shall take
care to avoid injury to person or property.
d.
Any person who violates any provision of this section shall be subject
to a fine of between $50 and $100 for the first offense, between $100
and $200 for the second offense, and for third and subsequent offenses,
a minimum fine of $350 but not exceeding $1,000, as shall be determined
by a Municipal Court Judge.
[Ord. No. 2017-16 § h]
a.
Tennis and basketball courts are reserved for the use of Englewood
Cliffs residents and their guests.
b.
No private lessons shall be permitted unless approved by the Borough
Recreation Director through issuance of a permit.
c.
The Borough tennis and basketball courts shall be used for no purpose
other than for playing tennis with conventional tennis equipment or
playing basketball with conventional basketball equipment.
d.
Courts must be relinquished after one hour of play.
e.
Hanging from the basketball nets or rims is strictly prohibited.
f.
All courts and the surrounding areas are under surveillance. Any
individuals found to be in violation of this section will be directed
to leave the Borough property.
g.
Any person who violates any provision of this section shall be subject
to a fine of between $50 and $100 for the first offense, between $100
and $200 for the second offense, and for third and subsequent offenses,
a minimum fine of $350 but not exceeding $1,000, as shall be determined
by a Municipal Court Judge.
[Ord. #7706, S4; Ord. No. 2017-16 § i; 6-8-2022 by Ord. No. 22-07; 8-10-2022 by Ord. No. 22-11]
a.
All fees shall be paid at the time of submission of registration
for a program.
b.
Program Fees. The following fees are set for the following programs
and shall be charged and paid for any individual participating in
Recreation Department programs or activities.
|
Program
|
Participant Fee
|
|---|---|
|
Girls Softball
|
$125
|
|
Golf
|
$150
|
|
Soccer
|
$150
|
|
Soccer Tots
|
$75
|
|
Tennis
|
$150
|
|
Tae Kwon Do
|
$150
|
|
Boys Basketball K-8
|
$150
|
|
Girls Basketball K-8
|
$150
|
|
Summer Camp
|
$600 Resident
$800 Nonresident
|
c.
The Recreation Director may add limited programs or special events
and may charge a reasonable fee per participant. Such fee shall be
set by the Borough Administrator in consultation with the Council
Recreation Committee Chair and the Recreation Director and shall be
reasonably related to the cost of the limited program or event to
the Borough.
d.
A late fee of $50 will be added to the registration fee for those
participants registering after the publicized registration date.
[Ord. No. 2017-16 § j]
a.
Family:
$25 per family for use of one tennis court by one family from
the months of April 1 through November 30. Each use limited to one
continuous hour.
This fee will be increased to $35 per family effective on January
1, 2018.
This fee will be increased to $45 per family effective on January
1, 2019.
b.
Seniors:
62 years of age or older - $10 per person for use of one tennis
court by one senior from April 1 through November 30. Each use limited
to one continuous hour.
[Ord. No. 2017-16 § k]
a.
Each application for a permit to use a Recreational Facility shall
be accompanied by all required fees, except as stated herein. If a
permit is denied, all fees shall be refunded to the applicant, except
as stated herein.
b.
Application Fee. Each application shall be accompanied by an Application
Fee in the amount of $25, which shall be non-refundable. The Application
Fee shall be waived for all Borough entities that apply for a permit.
c.
Field Use Fee.
1.
There shall be no Field Use Fee charged to the Borough, Borough entities
or Borough Departments.
2.
For purposes of this section, a "day" is defined as a continuous
period of seven hours occurring between the hours of 8:00 a.m. and
5:00 p.m., as requested by the applicant in the application and as
approved in an issued permit.
3.
Each application shall be accompanied by all applicable Field Use
Fees in the amounts stated below:
(a)
For Borough-Approved Recreational Sports Associations:
Use of one field for the entirety of the applicable sport season:
$500.
(b)
For any Group:
Use of one field on a per hour basis: $100 per hour.
(c)
For any Organized Group:
Use of one field on a per hour basis: $100 per hour.
(d)
For any sports group that does not meet the criteria for "Resident
Group":
Use of one field on a per hour basis: $150 per hour.
(e)
For any private or public For-Profit corporate or other entity:
$500 per field per day;
$350 for the Borough Tennis Courts per day; and/or
$350 for the Borough Basketball Courts per day.
(f)
For any Non-Profit corporate or other entity (subject to official
issued Federal IRS 501(c) letter):
$250 per field per day;
$175 for the Borough Tennis Courts per day; and/or
$175 for the Borough Basketball Courts per day.
4.
Security deposit fee.
(a)
The Recreation Director, in his/her discretion, may require
that a permittee pay a refundable security deposit of up to $1,500,
in addition to other fees. The refundable security deposit shall be
paid by the permittee before or at the time of issuance of the permit.
(b)
This deposit shall be applied to pay for any damage to Borough
property or cleaning required due to the use by the permittee. The
Recreation Director and/or the DPW at the Recreation Director's request,
shall inspect the particular field within a reasonable period of time
after the close of the event or use to determine if any damage or
cleaning is necessary.
(c)
If charges are to be assessed against a security deposit, the
Recreation Director shall notify the permittee in writing that such
has been determined and shall properly document the (i) the conditions
causing the need for charges to be assessed; and (ii) all expenses,
receipts and payments made. Any balance of the security deposit shall
be refunded to the permittee. If no charges are assessed after the
permittee's use, the deposit shall be refunded to the permittee. All
refunds shall occur as soon as reasonably possible after approval
by the Borough Administrator or the Mayor and Council.
It shall be unlawful and a violation of this section to park
or to permit to remain on any residential property in any zone, outside
the garage or any other accessory building on such residential property
for any part of the day for seven consecutive days or for any part
of a day on any 28 days or more during any given calendar year, any
commercial vehicle, boat, trailer, boat trailer, motor home, camper,
or motorized recreational vehicle designed for overnight occupancy.
Twenty-eight days shall be considered as the maximum days allowed
within one calendar year that these vehicles pursuant to this section
may park.
Any sign, notice or advertisement on any of the trees, telegraph,
telephone or electric light poles, public drinking fountains or public
bulletin boards mutilating the same, is hereby declared to be a nuisance.
Any person placing or causing to be placed, any sign, notice or advertisement (except such notices as are posted according to law, ordinance or direction of the Mayor and Council) on any tree, telephone, telegraph or electric pole, public bulletin board, or who shall mutilate any such tree, pole, drinking fountain or bulletin board, shall be liable to the penalty stated in section 3-1.
No person shall gun or hunt with firearms, air guns, spring
guns or other missile-projecting devices within the confines of the
Borough.
No person shall shoot or discharge any air gun, spring gun,
pistol or other missile-projecting device or contrivance, within the
confines of the Borough. No person shall, within the confines of the
Borough, fire or discharge any cannon, gun, pistol, revolver or firearm
of any kind, nature or description, whether the same be loaded with
blank or full charge.
Subsection 3-9.2 shall not apply to any military ceremony or exercise, nor to any peace officer while on duty, nor to such citizens of the Borough to whom a permit to carry weapons shall have been issued, pursuant to N.J.R.S. 2:176-44.
It shall hereafter be unlawful for any person to operate any
mopeds, mini bikes or any motorized or partially motorized vehicle
of any kind on property owned by the Borough or the Board of Education
of the Borough including but not limited to the areas known as Johnson
Avenue Field (Fred H. Witte Memorial Field), Irving Avenue Playground,
Upper School, North Cliff School, and South Cliffs School.
a.
No person shall use, operate or permit the use of any vehicle, including,
but not limited to, bicycles, mopeds, other self-propelled electrical
or motorized vehicles on the Fitness Path surrounding Johnson Field,
in the Borough of Englewood Cliffs.
1.
Exception. Bicycles shall be permitted on the fitness path surrounding
Witte Field and any other paved areas provided the wheels are under
28 inches and are operated by persons 18 years or under.
b.
Any person who violates this section or knowingly participates in
a violation of this section shall be subject to a fine of not less
than $25 nor more than $100 for the first offense thereof. For subsequent
violations of this section, a municipal court magistrate shall set
the appropriate penalty in accordance with law.
[1]
Editor's Note: Section 3-11. "Brush, Hedges and Other Plant Life Near Intersections of Public Roadways," previously contained herein, has been repealed in its entirety by Ordinance No. 8925. For provisions pertaining to "Brush, Hedges and Other Plant Life Near Intersections of Public Roadways" see § 10-3 of this Municipal Code.
The Mayor and Council of the Borough is hereby authorized and
empowered to establish and designate restricted parking, on public
streets, for use by residents of the Borough and their visitors. The
governing body shall determine, by amendment and supplement to this
section, and with the aid of the police department, which streets
shall be designated and posted as "Resident Permit Parking Only."
Thereafter, it shall be unlawful to park, or allow to stand, any motor
vehicle without a permit as hereinafter provided.
[Amended 3-13-2019 by Ord. No. 2019-05]
a.
Residential parking permits shall be issued by the Police Department.
The Police Department should record the names and driver's license.
b.
Permits may be obtained by applying directly to the Police Department
during the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday,
except for holidays. The resident applying for said permit must display
a valid New Jersey Driver's License and a vehicle registration for
the vehicle which the permit is being issued for.
c.
Parking permit stickers located on a residential motor vehicle will
permit the vehicle to be parked on the Borough streets, unless otherwise
posted. No vehicle shall park on any residential street between 10:00
p.m. and 6:00 a.m., unless it displays a Borough parking permit sticker
in accordance with signs located on the borderlines of Borough property.
d.
The residential permit parking sticker shall be placed on the left
rear window of the vehicle only.
a.
Four visitor permits shall be issued to each resident and household
located on any public street, or adjacent streets, which has been
designated "Resident Permit Parking Only."
b.
Visitor permits are authorized only for visitors to residents of
the Borough of Englewood Cliffs. It shall be unlawful to loan, lease
or sell such permits or use them for any purpose not permitted by
this section.
c.
Persons who violate the provisions of this section are subject to
a fine of $25 and possible loss of permits.
The residential parking permits shall be valid in perpetuity
unless changed by this section.
Service vehicles and commercial vehicles which are providing
temporary services to residents located in resident parking only areas
shall not be subject to the parking restrictions created hereunder,
and the police department is hereby authorized to exempt such vehicles
from the restrictions authorized herein.
a.
The police department is hereby authorized as the enforcing agency,
and pursuant to the provisions of N.J.S.A. 39:4 et seq., is empowered
to post such signs as are required to notify the public of the regulations
effectuated hereby.
b.
Signs advising the public of the "Residential Permit Parking Only"
shall be located in the following places:
1.
Hudson Terrace - Northbound.
2.
8th Street.
3.
7th Street.
4.
6th Street.
5.
US 9W - Northbound.
6.
3rd Street.
7.
2nd Street.
8.
1st Street.
9.
Camner Street.
10.
Leighton Street.
11.
Rossett Street.
12.
Hammett.
13.
Cliff Road.
14.
John Street.
15.
Dillingham Place.
16.
Summit Street/Palisade Avenue - Southbound.
17.
Palisade Avenue/Summit Street - Eastbound S/E Corner.
18.
Summit Street/Palisade Avenue - Northbound.
19.
Martin Court.
20.
Beverly Road.
21.
Stratford Road.
22.
Dorchester Road.
23.
Palisade Avenue/Hudson Terrace - Southbound.
24.
Palisade Avenue/US 9W - Westbound N/E Corner.
25.
Pershing Road.
26.
Chestnut Street.
27.
Booth Avenue.
28.
Lyncrest Road.
29.
Johnson Avenue - From Woodland Street.
30.
US 9W South - North of Sage Road.
31.
Alpine Court (John Street to Sherwood Avenue), both sides.
[Added 3-13-2019 by Ord.
No. 2019-05]
32.
Pershing Road (Summit Street to West Borough Line), both sides.
[Added 3-13-2019 by Ord.
No. 2019-05]
33.
Dillingham Place (Sylvan Avenue to Floyd Court), both sides.
[Added 3-13-2019 by Ord.
No. 2019-05]
34.
Ostermeier Way off of Dillingham, both sides.
[Added 3-13-2019 by Ord.
No. 2019-05]
35.
Demarest Avenue (Floyd Street to Sylvan Avenue), both sides.
[Added 3-13-2019 by Ord.
No. 2019-05]
36.
Middlesex Avenue (Arthur Avenue to Center), north side.
[Added 3-13-2019 by Ord.
No. 2019-05]
37.
Van Nostrand Avenue (Sylvan Avenue to Driveway of Parkway Toyota),
north side.
[Added 3-13-2019 by Ord.
No. 2019-05]
38.
Van Nostrand Avenue (120 Van Nostrand Driveway to Ash Street), south
side.
[Added 3-13-2019 by Ord.
No. 2019-05]
39.
Charlotte Place (Sylvan Avenue to Rose Street), north side.
[Added 3-13-2019 by Ord.
No. 2019-05]
40.
Clifton Terrace (both sides).
[Added 3-13-2019 by Ord.
No. 2019-05]
41.
Floyd Street, both sides, from Palisade Avenue to Roslyn Avenue.
[Added 4-15-2020 by Ord.
No. 20-02]
All public streets are hereby designated as "Residential Permit
Parking Only." An exception to this section shall be commercial vehicles
parked in front of homes where services are rendered.
No person shall park or otherwise cause its vehicles to stand
on any street designated "Residential Permit Parking Only" unless
there is conspicuously displayed, on or in the vehicle, a valid and
current parking sticker issued by the Borough. Any person violating
the provisions of this section shall be subject to the following fines:
The terms of this section are hereby declared to be severable.
Should any portion or provision be declared invalid or unconstitutional,
said finding shall not affect other portions or provisions hereof.
The provisions of other Borough parking ordinances, as codified in Chapter 7 of the Revised General Ordinances of the Borough, are hereby ratified and confirmed. Should any inconsistencies exist between the provisions of this section and other traffic or parking ordinances, the provisions of this section shall govern.
The provisions of this section shall take effect immediately
upon final passage according to law.
It shall be unlawful for any person, or other entity, to place,
or cause to be placed, any commercial advertisement, handbill, pamphlet,
flyers, circular or leaflet in or upon any motor vehicle which is
parked either on a public street or in a private parking lot open
to the public. For purposes of this section "commercial" shall be
defined as related to the promotion of buying/selling of goods or
services for profit or for business purposes.
Excepted from the prohibition of this section are:
a.
A person not the owner or operator of a motor vehicle shall be presumed
not to have the consent of the owner or operator of the motor vehicle;
b.
The owners and management of the business being advertised by said
material, shall be presumed to have caused the placement in violation
of this section; and
c.
Where a person is found placing a commercial advertisement, handbill,
pamphlet, flyer, circular or leaflet on a motor vehicle, and there
are identical commercial advertisements, handbills, pamphlets, flyers,
circulars or leaflets found upon other motor vehicles in the immediate
vicinity it shall be presumed that said person also placed said material
on said other motor vehicles.
Each violation of this section shall be an offense, punishable
by a fine of not less than $10 and not more than $250, and/or by a
term of imprisonment for up to 90 days, in the discretion of the municipal
court judge. Each separate motor vehicle upon which a commercial advertisement,
handbill, pamphlet, flyer, circular or leaflet is placed, shall constitute
a separate offense.
a.
Any person observing a violation of this section may sign a complaint
against the offender;
b.
Any law enforcement agent of the Borough of Englewood Cliffs, including,
but not limited to, police officers, health inspectors, sanitary inspectors,
housing inspectors, agents and officers of the department of public
works who are authorized to issue parking tickets, and environmental
agents, may sign a complaint against the offender upon information
and belief, and when using the form of complaint and summons prescribed
by the administrative director of the courts, pursuant to Rule 7:3-1(b)
and Rule 1:32-2, may serve the summons upon the defendant and thereafter,
without unnecessary delay, file the complaint with the Englewood Cliffs
Municipal Court.
In the event that any resident of the Borough of Englewood Cliffs
desires that a newspaper or other written publication not be delivered,
either temporarily or permanently, to that resident's home, the resident
shall notify the newspaper, publication or distribution business,
by certified mail, return receipt requested, of that fact. A copy
of the notification letter shall also be sent to the Borough Clerk.
Any business or distribution entity which fails within two days
after notification, to comply with the written instructions of the
resident requesting the cessation of the newspaper delivery, shall
be guilty of a violation of this section.
Any business or entity which is found to be in violation of
this section shall be subject to a fine of not less than $100 for
the first offense thereof. For subsequent violations of this section,
the municipal court magistrate shall set a fine of not less than $100
or more than $1,000.
a.
The Mayor and Council hereby adopt the attached "School Map", dated
December, 1987, prepared by Boswell McClave Engineering, as the official
map of the Borough of Englewood Cliffs delineating those areas of
the Borough of Englewood Cliffs that are situated within a 1,000-foot
radius of any school.[1]
[1]
Editor's Note: The above mentioned School Map is on file in
the Borough Clerk's office.
b.
Such areas are hereby designated to be Drug Free School Zones.
c.
The police department of the Borough of Englewood Cliffs be and is
hereby authorized and directed to post any and all signage allowed
by statutes made and provided for in such cases.
a.
Each such person operating a bicycle, roller skates, a skateboard
or any similar self-propelled device shall ride as near to the right
side of the roadway as practical.
b.
Each such person operating a bicycle, roller skates, a skateboard
or any similar self-propelled device shall travel no more than two
abreast when traffic is not impeded but otherwise shall ride in a
single file.
c.
In any event, if any such person operating a bicycle, roller skates,
a skateboard or any similar self-propelled device operate same in
such a manner as to interfere with or interrupt the passages of motor
vehicles upon the roadway, such person shall be considered in violation
of this section and the violation so of any section of this section
shall constitute a nuisance and the person creating such nuisance
shall be subject to penalties of not more than $100.
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Englewood Cliffs, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
No person shall feed, in any public park or on any other property
owned or operated by the Borough of Englewood Cliffs, any wildlife,
excluding confined wildlife (for example, wildlife confined in zoos,
parks or rehabilitation center, or unconfined wildlife at environmental
education centers).
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine of not less than $5 nor
more than $100 or to imprisonment in the county jail for a term not
to exceed 10 days, or both.
The purpose of this section is to establish requirements to
control littering in the Borough of Englewood Cliffs, so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or flowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, saw milling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this ordinance, the operator or
owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
This section shall be enforced by the police department or the
superintendent of the department of public works or his designee of
the Borough of Englewood Cliffs.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $250.
[Amended 7-14-2021 by Ord. No. 21-14]
a.
Prohibition against smoking of cigarettes and use of tobacco and
cannabis products. Smoking of cigarettes and use of tobacco or cannabis
products or the inhaling or exhaling of smoke or vapor from an electronic
smoking device within public parks, playgrounds, ball fields, school
grounds and public buildings surrounding public property shall be
prohibited within the Borough of Englewood Cliffs.
b.
PUBLIC BUILDINGS AND SURROUNDING PROPERTY
PUBLIC PARKS, PLAYGROUNDS AND BALL FIELDS
SCHOOL GROUNDS
SMOKING
Definitions.
Shall mean any public buildings, including the municipal
buildings, ambulance corps buildings, department of public works buildings,
fire department buildings and any other buildings and any property
surrounding said buildings, except those areas designated by the Mayor
and Council by signs permitting smoking. Buildings and Surrounding
Property shall also include all public places as defined or set forth
in N.J.S.A. 2C:35-10a regarding use of cannabis or its derivatives
in public places, N.J.S.A. 2C:33-13 regarding smoking in public, and
N.J.S.A. 26:3D-577, et seq., regarding smoking and vaping in public
places.
Shall mean any place or area within the Borough upon which
the public is invited or upon which the public is permitted and where
children gather for recreational activities, but shall not include
the parking lot associated with those places. Public Parks, Playgrounds
and Ball Fields shall also include all parks, playgrounds and ball
fields as shall also include all public places as defined or set forth
in N.J.S.A. 2C:35-10a regarding use of cannabis or its derivatives
in public places, N.J.S.A. 2C:33-13 regarding smoking in public, and
N.J.S.A. 26:3D-577, et seq., regarding smoking and vaping in public
places.
Shall mean any grounds upon which a school is located excepting
parking lots. School Grounds shall also include all public places
as defined or set forth in N.J.S.A. 2C:35-10a regarding use of cannabis
or its derivatives in public places, N.J.S.A. 2C:33-13 regarding smoking
in public, and N.J.S.A. 26:3D-577, et seq., regarding smoking and
vaping in public places.
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. Smoking shall also include
consumption of cannabis or its derivatives as defined or set forth
in N.J.S.A. 2C:35-10a regarding use of cannabis or its derivatives
in public places, N.J.S.A. 2C:33-13 regarding smoking in public, and
N.J.S.A. 26:3D-57, et seq., regarding smoking and vaping in public
places.
c.
Penalties. Any person who has been found to have violated this section
shall be subject to the following:
1.
For a first offense, issuance of a written warning and an explanation
of the purpose of this section;
2.
For a second offense, the issuance of a written warning and the requirement
that the offender participate in community service projects as determined
by the Health Officer of the Borough of Englewood Cliffs in the amount
of up to 10 hours;
3.
For a third offense, a fine of up to $100 and the requirement that
the offender participate at his or her own expense in an educational
program determined by the Health Officer of the Borough of Englewood
Cliffs concerning the dangers of smoking and tobacco use.
The Borough Council finds that:
a.
There is community concern regarding the need to secure the safety
of children from convicted sex offenders; and
b.
There are presently no State laws in the State of New Jersey which
prohibit convicted sex offenders from residing or living or loitering
near areas where children regularly meet and congregate; and
c.
Because there is no uniform statewide standard prohibiting convicted
sex offenders from residing or living or loitering near areas where
children regularly meet and congregate, municipalities are addressing
the issue through the enactment of ordinances providing those restrictions;
and
d.
The Borough Council finds that, in order to protect the welfare of
children, it is necessary to restrict places within the Borough of
Englewood Cliffs where convicted sex offenders may reside, live or
loiter.
[N.J.S.A. 30:5-6.1, et seq. or N.J.S.A. 18A:6-7.1b.]
a.
No person over the age of 18 who has been convicted of a violation
of any crime as listed in N.J.S.A. 2C:7-2, and who as a result of
said conviction is required to register with the proper authorities
pursuant to N.J.S.A. 2C:7-1 et seq., Registration and Notification
of Release of Certain Offenders, shall be permitted to reside or live
within 1,000 feet of any school; library; municipal building; public
park, tot lot, active or passive recreation area or open space; playground;
child care center or church, or property designated for such use in
the Borough master plan.
b.
A convicted sex offender who resides or lives within 1,000 feet of
any school; library; municipal building; public park, tot lot, active
or passive recreation area or open space; playground; child care center
or church, or property designated for such use in the Borough master
plan shall have 60 days from receipt of written notice of the prohibition
set forth herein to move. Failure to move to a location which is in
compliance with this section within that time period shall constitute
a violation of this action.
c.
This section shall not apply to a person who has established a residence
prior to enactment of this section.
d.
No convicted sex offenders convicted pursuant to N.J.S.A. 2C:7-2
shall be employed by the Borough of Englewood Cliffs or any of its
agencies or subparts. This section applies to new hires after adoption
of this section.
e.
No convicted sex offender shall be employed, paid or unpaid within
the Borough of Englewood Cliffs in the capacity of coach, trainer,
instructor, supervisor, caretaker or teacher of any kind to minors.
a.
No convicted sex offender shall be present in or on any school, public
park, tot lot, active or passive recreation area or open space; playground;
child care center or church, or property designated by Council as
a public park, tot lot, active or passive recreation area or open
space; playground; child care center, church or school, or property
frequented by children.
b.
No convicted sex offender shall be permitted to knowingly loiter
on a public way within 300 feet from a school, public park, tot lot,
active or passive recreation area or open space; playground; child
care center or church, or property which has been designated by the
Council as a public park, tot lot, active or passive recreation area
or open space; playground; child care center, church or school, or
property frequented by children.
c.
If a police officer reasonably believes that a convicted sex offender
is in a public park, tot lot, active or passive recreation area or
open space; playground; child care center or church, or school, or
property which has been designated by the Council as a public park,
tot lot, active or passive recreation area or open space; playground;
child care center, church or school, or property frequented by children,
the officer shall require the convicted sex offender to provide his
or her name and address to determine if he or she is on the New Jersey
Sex Offender Registry.
Any person(s) who is found to be in violation of the provisions
of this section shall, upon conviction thereof, be subject to a penalty
not exceeding $1,000 or to imprisonment for a period not exceeding
30 days.
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Englewood Cliffs so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Englewood Cliffs or other public body,
and is designed and used for collecting and conveying storm water.
In municipalities with combined sewer systems, MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanity sewage at all times and to collect and transport stormwater
from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect storm
water runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Already meets the design standard below to control passage of solid and floatable materials; or is retrofitted or replaced to meet the standard in Subsection 3-21.4 below prior to the completion of the project.
Storm drain inlets identified in Subsection 3-21.3 following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 3-21.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
storm water from that surface into a storm drain or surface water
body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
A rectangular space four and five-eighths inches long and 1 1/2
inches wide (this option does not apply for outfall netting facilities);
or a bar screen having a bar spacing of 0.5 inches.
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
This ordinance shall be enforced by the police department and/or
the department of public works of the Borough of Englewood Cliffs.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500 for
each storm drain inlet that is not retrofitted to meet the design
standard.
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to storm water to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Englewood Cliffs and/or the waters of the State
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Englewood Cliffs or other public body,
and is designed and used for collecting and conveying storm water.
In municipalities with combined sewer systems, MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing. Any person who owns, leases or otherwise uses
a refuse container or dumpster must ensure that such container or
dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system(s) operated
by the Borough of Englewood Cliffs.
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g. furniture, bound carpet and padding, white
goods placed curbside for pickup)
This section shall be enforced by the police department and/or
the department of public works of Borough of Englewood Cliffs.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.
