Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 38-1; Ord. 5-20-71]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
LITTER
Shall mean garbage, refuse and rubbish, as defined herein, and all other waste material which, if thrown, deposited, or stored, as herein prohibited, tends to create a danger to public health, safety, and welfare.
PRIVATE PREMISES
Shall mean any dwelling house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Shall mean any streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
PUBLIC STRUCTURE OR BUILDING
Shall mean any structure or building owned or operated by the Federal, County or State government or any governmental agency.
REFUSE
Shall mean all putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1971 Code § 38-2; Ord. 5-20-71; Ord. No. 97-22, § I]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Township except in public receptacles or in authorized private receptacles for collection; provided, however, that the public receptacles shall not be used by persons owning or occupying property in the vicinity of the public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of the activities. In the event litter is located in either private or public receptacles which litter contains the name and/or address of a person, a rebuttable presumption shall arise that such person placed or caused such litter to be placed in said public or private receptacle.
[1971 Code § 38-3; Ord. 5-20-71]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place.
[1971 Code § 38-4; Ord. 5-20-71]
No person shall sweep into or deposit in any gutter, street or other public place within the Township, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[1971 Code § 38-5; Ord. 5-20-71]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Township any accumulation of litter and all persons owning or occupying places of business within the Township shall keep the sidewalk in front of their business premises free of litter.
[1971 Code § 38-5; Ord. 5-20-71]
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Township.
[1971 Code § 38-7; Ord. 5-20-71]
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street or other public place. Nor shall any person drive or move any vehicle or truck within the Township the wheels or tires of which carry onto or deposit in any street or other public place mud, dirt, sticky substances or foreign matter of any kind.
[1971 Code § 38-8; Ord. 5-20-71]
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Township.
[1971 Code § 38-9; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Township. Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the Township for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
[1971 Code § 38-10; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[1971 Code § 38-11; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
[1971 Code § 38-12; Ord. 5-20-71]
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Peddlers or Agents," "No Advertisement" or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
[1971 Code § 38-13; Ord. 5-20-71]
No person in any aircraft shall throw out, drop or deposit within the Township any litter, handbill or any other object.
[1971 Code § 38-14; Ord. 5-20-71]
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized by the owners thereof or required by law.
[1971 Code § 38-15; Ord. 5-20-71]
No person shall throw, deposit or store litter on any occupied private property within the Township, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection and removal of same in such manner that same shall not be unsightly and detrimental to the surrounding neighborhood.
[1971 Code § 38-16; Ord. 5-20-71]
The owner or person in control of any private property shall at all times maintain the premises free of litter, particularly one or more automobile bodies, frames, or chassis, one or more automobiles unable to be self-propelled, or one or more abandoned automobiles; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
[1971 Code § 38-17; Ord. 5-20-71]
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
[Ord. No. 90-8, § I]
Public utility companies (including electric company and telephone company) shall undertake reasonable efforts to prevent the placing upon their poles of any marks, signs, placards, bulletins, notices or any other advertising object. The public utility companies shall cause any such advertising objects as listed above to be removed from their poles and shall maintain same free of all such advertising objects.
[1971 Code § 38-18; Ord. 5-20-71; Ord. No. 86-6, § 1; Ord. No. 88-8, §§ 1 — 2; Ord. No. 2017-06]
In lieu of what has been stated here, any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable for a penalty not less than $250 or a maximum penalty as stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute as a separate offense and shall be punishable as such.
[Ord. No. 89-11, § 1]
As used in this section:
ACT OF GRAFFITI
Shall mean the drawing, painting or the making of any inscription on a bridge, building, public transportation vehicle, rock, wall, sidewalk, street, signs or other exposed surface on public or private property without the permission of the owner.
[Ord. No. 89-11, § 1]
Any person committing an act of graffiti in the Township shall be deemed a disorderly person.
[1971 Code § 41A-1; Ord. No. 80-6]
This section shall be known and may be cited as the "Public Parks Regulations of the Township of Millstone."
[1971 Code § 41A-2; Ord. No. 80-6; Ord. No. 03-04, § 1; Ord. No. 10-27]
The purpose of this section is to establish hours of the day when parks and public property will be open for use and to clarify appropriate use of the parks and public property in the interest of the general health and welfare.
[1971 Code § 41A-3; Ord. No. 80-6]
Public parks within the Township shall be open for use between the hours of 6:00 a.m. to 9:00 p.m. prevailing time.
[1971 Code § 41A-4; Ord. No. 80-6]
Signs setting forth the hours that the park will be open will be posted, setting forth thereon the following language: "Park hours: 6:00 a.m. to 9:00 p.m. prevailing time. Violators will be prosecuted according to law."
[Ord. No. 10-27]
The Township's parks and other public property shall only be used for purposes consistent with Township designated governmental uses, public recreation and enjoyment. Set forth below are specifically prohibited uses or activities. Such list is not to be deemed all inclusive; but, representative of specifically prohibited uses or activities:
a. 
Any use or activity which violates any law, ordinance, regulation or restriction.
b. 
Any hunting without the specific permission evidenced by a writing signed by the Township Clerk.
c. 
Littering in violation of Section 3-1 of this Code.
d. 
Committing an act of graffiti in violation of Section 3-2 of this Code.
e. 
Use of motor vehicles in violation of Section 3-10 or subsection 3-24.1 of this Code.
f. 
Use of skateboards, scooters, roller skates or roller blades in violation of Section 3-16 of this Code.
g. 
Engaging in any use or activity for which one or more of the participants or instructors is receiving any remuneration. For example, Township tennis courts shall not be used by any person(s) to facilitate giving of tennis lessons for remuneration. Exceptions to this prohibition shall be:
1. 
Remuneration paid to referees, umpires or others officiating an activity which takes place under the auspices of the Township recreation program or organized by one of the nonprofit youth sports organizations which has permission to use the Township facility.
2. 
The sale of fund-raising items by a charitable nonprofit organization, the proceeds of which shall be used to subsidize recreational activity of Millstone Township residents under the age of 18 years, provided such organization shall register with the Township Clerk at least three days in advance of the fund-raising activity and receive a written permit from the Township Clerk, at no cost, which permit shall set forth:
(a) 
The name of the charitable nonprofit organization conducting the fund-raising activity.
(b) 
A description of the fund-raising activity.
(c) 
The date(s), time(s) and location(s) when and where such activity shall be conducted.
(d) 
Name, address, telephone number and e-mail address of the fund-raising supervisor in charge.
[1971 Code § 41A-5; Ord. No. 80-6; Ord. No. 10-27]
Any person or persons found to be in violation of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1971 Code § 25-1; Ord. 5-20-71]
The owner or tenant of any lands lying within the Township shall keep all brush, hedges and other plant life growing within 10 feet of any roadway, and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where it shall be determined necessary and expedient for the preservation of the public safety, within 10 days after notice to cut and remove the same.
[Ord. No. 14-05]
The owner or tenant of any lands lying within the Township shall remove dead, diseased or otherwise hazardous trees or tree limbs that are deemed a threat to public property including roadways, intersections or municipal lands. The owner of the tree is determined by the location of the trunk of said tree. Where it is determined necessary and expedient for the preservation of public safety, within 10 days after notice, the owner shall cut and remove the same.
[1971 Code § 25-2; Ord. 5-20-71; Ord. No. 09-19, § 1; Ord. No. 14-05]
Such notice to cut and remove objectionable brush, hedges, hazardous trees or tree limbs and other plant life shall be given by the Township Administrator or his/her designee to the owner or tenant by registered mail or certified receipted mail to the last known post office address.
[1]
Editor's Note: Former subsection 3-4.3, Determination of Need for Cutting, previously codified herein and containing portions of 1971 Code § 25-3 and Ordinance 5-20-71, was repealed in its entirety by Ordinance No. 09-19.
[1971 Code § 25-4; Ord. 5-20-71; Ord. No. 93-13, § 1; Ord. No. 09-19, § 1; Ord. No. 14-05]
In the event of the failure of any owner or tenant to keep all brush, hedges and other plant life growing within 10 feet of any roadway, and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet or to remove hazardous trees or tree limbs after written notice thereof, the Township may proceed to cause the cutting and removal of such brush, hedges, hazardous trees or tree limbs and other plant life under the direction of the Township Administrator or his/her designee.
[1971 Code § 25-5; Ord. 5-20-71; Ord. No. 09-19 § 1; Ord. No. 12-10; Ord. No. 13-07 § 2; Ord. No. 14-05]
In any case where the Millstone Township Department of Public Works or outside contractor has cut and removed brush, hedges, hazardous trees or tree limbs and other plant life, the Township Administrator or his/her designee shall thereafter certify to the Township Committee the cost thereof, and if the amount so certified is by resolution of the Township Committee determined to be correct and reasonable, the Township Clerk shall deliver a certified copy of the resolution to the Tax Collector. The amount so charged shall become a lien upon such lands from which the brush, hedges, hazardous trees or tree limbs and other plant life were cut and removed, and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the Tax Collector in the same manner as taxes, as authorized by N.J.S.A. 40:48.2-26 and 40:48.2-27.
[1971 Code § 25-6; Ord. 5-20-71; Ord. No. 09-19, § I; Ord. No. 14-05]
Any person who shall refuse or neglect, after written notice as above set forth, to comply with the demands therein made with respect to the cutting of the foregoing for the preservation of the public safety of the citizens of the Township, within the period of time above set forth, shall, upon conviction thereof, be liable to a penalty not to exceed the $500 fine, and each and every day in which the owner or tenant shall refuse or neglect so to cut the matter shall be and constitute a separate offense. The imposition and collection of any fine or penalty prescribed by this subsection shall not bar the right of the Township to collect the cost of the cutting of the brush, hedges, hazardous trees or tree limbs and other plant life, as hereinbefore specified; and the remedies shall be cumulative.
[Ord. No. 09-19, § II]
It shall be the duty of the owner, tenant or person in possession of any dwelling or lands in the Township, except for dedicated conservation easements, to keep all previously established lawn areas free from grass 10 inches in height or higher and all lands free of brush, weeds, heavily matted cut grass, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, litter, trash and debris, and any solid waste stored in such a way that is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds, or rodents, where the same are inimical to the preservation of public health, safety and general welfare of the Township, or which may constitute a fire hazard.
[Ord. No. 09-19, § II]
If the reported conditions are found to exist, after an investigation of any complaint of a resident, officer, or employee of the Township relative to a violation of this section or upon his own initiative, the Township Administrator or his/her designee shall direct that a notice be sent to the owner, tenant or person in possession of the dwelling or land complained of in writing either personally or by registered or certified mail to remove such brush, weeds, grass, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris within a period not less than 72 hours nor more than 10 days.
[Ord. No. 09-19 § 3; Ord. No. 13-07 § 2]
If the owner, tenant or person in possession of the dwelling or lands in question shall fail to abate the condition complained of within the time period specified after receipt of notice, the Township Administrator or his/her designee shall cause the condition complained of to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall certify the cost, including the applicable administrative fee established in Chapter 5, to the Township Committee, which shall examine the certificate and, if it is correct, adopt a resolution causing the cost as shown thereon to be charged against the dwelling or lands. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling and lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 09-19, § II]
In addition to any costs established by subsection 3-4A.3, any person convicted of violating any provision of this section shall be punishable by the penalties stated in Chapter 1, Section 1-5.
[Ord. No. 2017-12]
It is determined that certain types of the invasive species plants are invasive, often difficult to control, and can cause significant damage to property. The purpose of this section is to preserve and protect public and private property in the Township from the damaging spread of invasive species plants, to protect indigenous and other plant materials from the invasive spread of invasive species plants, and to maintain the general welfare of the residents of the Township.
[Ord. No. 2017-12]
For purposes of this section 3-4B:
BAMBOO
Shall mean and include plant species commonly known as Running (monopodial) Invasive Species Plant or Clumping (sympodial) Invasive Species Plant. This definition shall include but is not limited to the following plant genera:
a. 
Arundinaria;
b. 
Bambusa;
c. 
Chimonobambusa;
d. 
Dendrocalamus;
e. 
Fargesia;
f. 
Phyllosta;
g. 
Pleioblastus;
h. 
Pseudosasa;
i. 
Sasa
j. 
Sasaella;
k. 
Semiarundinaria.
INVASIVE SPECIES PLANT(S)
Shall mean Bamboo and each of the following: Canadian Thistle (Cirsium arvense), Eurasian Watermilfoil (Lonicera japonica), Garlic Mustard (Alliaria petiolate), Japanese knotweed (Polygonum caspidatum), Japanese Stiltgrass (Microstegium vimineum), Mile-a-minute (Polygonum perfoliatum, Purple Loosestrife (Lythrum salicaria), Russian Olive (Elaeagnus angustifolia) and Water Chestnut (Trapa natans) and shall include the plant, and any cutting, flower, seed, root, other plant part, or cultivar therefrom.
[Ord. No. 2017-12]
In the event invasive species plant is planted upon or is currently located upon any property within the Township, the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right-of-way.
a. 
In lieu of confining the species, the property owner or occupant may elect to totally remove the invasive species plant from the property, and all affected properties.
b. 
Failure to properly confine such invasive species plant shall require removal as set forth below. The cost of said removal shall be at the invasive species plant property owner's expense.
c. 
This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Township Inspector that the invasive species plant which is on his/her property originated on another property.
[Ord. No. 2017-12]
In the event invasive species plant is present on a property in the Township and a complaint is received by the Township regarding an encroachment of any invasive species plant and the Township Inspector, after observation and/or inspection, determines that there is an encroachment or invasion of an invasive species plant on any adjoining/neighboring private or public property or public right-of-way (hereinafter, "the affected property"), the Township shall serve notice to the invasive species plant property owner in writing that the invasive species plant has invaded other private or public property(s) or public right-of-way(s) and demand the removal of the invasive species plant from the affected property, and demand approved confinement against future encroachment or, in the alternative, the total removal from the invasive species plant property owner's property. Notice shall be provided to the invasive species plant property owner, as well as to the owner of the affected property, (both as appear in the official records of the Township Tax Assessor) by certified, return receipt requested mail and regular mail. Within 45 days of receipt of such notice, the invasive species plant property owner shall submit to the Township Inspector, with a copy to the owner of the affected property, a plan for the removal of the invasive species plant from the affected property, which plan shall include restoration of the affected property after removal of the invasive species plant. Within 120 days of receipt of approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Township.
[Ord. No. 2017-12]
a. 
If the invasive species plant property owner does not accomplish the removal of the invasive species plant from such other private or public property or public right-of-way in accordance herewith, the Township Inspector shall cause a citation to be issued and penalties to be imposed in accordance with Section 1-5, "General Penalty", for each day the violation continues.
b. 
The Township may also institute civil proceedings for injunctive or civil relief.
c. 
In addition to the recourse set forth in paragraphs a and b above, if the invasive species plant property owner does not accomplish the removal of the invasive species plant from public property or a public right-of-way in accordance herewith, the invasive species plant shall be considered a "weed" and the provisions of subsection 3-4A.3 allowing the Township, at its option and discretion, to remove the invasive species plant, certifying the costs of removal and imposing a lien, shall apply.
d. 
Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a Court of proper jurisdiction, nor the institution of civil proceedings against the invasive species plant property owner and/or other responsible private parties.
[1971 Code § 44-1; Ord. 5-20-71]
It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of the icebox, refrigerator or container.
[1971 Code § 44-2; Ord. 5-20-71]
It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight snaplock or other device thereon without first removing the snaplock or doors from the icebox, refrigerator or container.
[1971 Code § 44-3; Ord. 5-20-71]
It shall be unlawful for any person to leave in a place accessible to children any abandoned or unattended well, cesspool or cistern without an adequate and substantial cover.
[1971 Code § 44-4; Ord. 5-20-71; Ord. No. 88-8, §§ 1 — 2]
Any person or persons violating this section or any subsection thereof shall be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 86-5, § 2; Ord. No. 98-06, § I]
As used in this section:
ALARM SYSTEM
Shall mean equipment or a device or an assembly of equipment and devices designed to signal the presence of an emergency or hazard requiring urgent attention and to which Police or Fire Department or any other services may be expected to respond.
FALSE ALARM
Shall mean any alarm or signal of an alarm system actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder, and shall include as well, an alarm caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms caused by a malfunction of the police or third party service alarm console.
LOCAL ALARM
Shall mean any alarm or device which, when actuated, produces a signal not connected to another source, such as store burglar alarms actuating bell devices.
[Ord. No. 86-5, § 2; Ord. No. 95-05, § I; Ord. No. 97-06, § I; Ord. No. 98-06, § I]
In the event of a false alarm, any person having knowledge thereof shall immediately notify the State Police. If a fire alarm was received, the Fire Chief shall investigate the alarm to determine whether or not it was false. The Chief shall issue a report of all false fire alarms and forward a copy of such report to the Code Enforcement Officer. If the alarm was other than a fire alarm, the State Police shall be in charge of investigating and determining if the alarm was false, and may issue warnings and summonses. The Code Enforcement Officer shall receive and review all false alarm reports from the Fire Chief and the State Police. Based upon such review, the Code Enforcement Officer may conduct any additional investigation he/she believes advisable and may issue warnings or summonses if none has previously been issued as to the particular false alarm in question. The Code Enforcement Officer shall keep a record of all alarms determined to be false by the Fire Chief, State Police or by him/herself. Such record shall be organized in a manner to facilitate tracking the number of such alarms received from each location. False alarms shall result in the following penalties:
a. 
For the first and second false alarm within a year, a warning shall be issued.
b. 
For the third and subsequent false alarms in a year, each such false alarm shall subject the violator to a minimum $100 fine for the first offense, $200 for the second offense and for each offense thereafter, up to $1,000 maximum. Any person issued a first or second violation under this paragraph b within the year and who intends to plead guilty to the charge shall not be required to make a court appearance, but shall pay the fine as prescribed above.
c. 
For the purposes of enforcement, each false alarm, without regard to the type of alarm, i.e. fire, burglary or other, shall constitute a false alarm.
[Ord. No. 98-06, § I]
Whenever a false alarm is received from a location, it shall be rebuttably presumed that an owner of the property has either caused the alarm or has not undertaken appropriate repair of the alarm system in order to prevent such false alarm. In such cases where the investigation of the false alarm does not indicate that the false alarm resulted from the actions of some person other than the property owner, if the Fire Chief, Code Enforcement Officer or other law enforcement officer determines to issue a warning or summons, it may be issued to the property owner.
[Ord. No. 88-16, § 42A-1; Ord. No. 96-19, § I; Ord. No. 10-04, § I; Ord. No. 11-07]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug Free Zone Map prepared by Leon S. Avakian, Inc., dated March 1, 2010 and revised on March 28, 2011, is hereby approved and adopted as an official finding and record of the location and areas within the Township 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. No. 88-16, § 42A-2]
The School Board or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Township Clerk, Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
[Ord. No. 88-16, § 42A-3]
The Township Clerk shall keep on file the original of the map approved and adopted under this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may 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. A true copy of the map and this section shall be provided without cost to the County Clerk and the Office of the Monmouth County Prosecutor.
[Ord. No. 88-16, § 42A-4]
It is the purpose and intent that the map approved and adopted under this section be used as evidence in prosecutions arising out of the criminal laws of this State and that pursuant to State law, such map shall constitute prima facie evidence of the following:
a. 
The location of elementary and secondary schools within the municipality;
b. 
The boundaries of the real property which is owned by or leased to such schools or a School Board;
c. 
That such school property is and continues to be used for school purposes; and
d. 
The location of boundaries and areas which are on or within 1,000 feet of school property.
e. 
Pursuant to provisions of N.J.S.A. 2C:35-7, 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 the map or diagram other than the one approved and adopted pursuant to this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the actions 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.
[Ord. No. 88-16, § 42A-5; Ord. No. 96-19, § II]
All of the properties depicted on the map approved and adopted herein as school properties were owned by or leased to a school or School Board and are being used for school purposes.
[Ord. No. 10-04, § I]
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug Free School Zone Map have been complied with.
[1]
Editor's Note: Prior ordinance history includes portions of 1971 Code §§ 42-1, 42-2, 42-4 and Ordinance Nos. 88-8, 97-12 and 08-31.
[Ord. No. 09-05 § II]
As used in this chapter, the following terms will have the meanings indicated:
For purposes of this chapter only, a "public place" means those areas used by the public, including, but not limited to, streets, sidewalks, parks, open spaces, commercial parking lots, vehicles of mass transportation and property owned by the Township, County, State or any other sovereign entity. An otherwise private place may become a public place upon the issuance of a permit or license granting permission for the general public to access the property for a specific purpose.
PUBLIC VIEW
Shall mean the area visible to persons in or on a public place.
[Ord. No. 09-05 § II]
No person shall, within any building or upon any premises in the Township, permit, make or continue, or cause to be permitted, any unnecessary noise which disturbs any persons.
[Ord. No. 09-05 § II]
No person shall maintain or operate in any building or upon any premises in the Township any radio devices, mechanical musical instruments or devices of any kind, where the sound transmitted is cast directly upon the public streets and places where such device is maintained and operated for advertising purposes or for the purpose of attracting attention of the passing public, or which is so placed and operated that sounds emanating from said device can be heard to the annoyance or inconvenience of persons walking upon any street or public place or in neighboring residences.
[Ord. No. 09-05 § II]
No person shall use any vehicle or motorcycle in such a manner so as to create unnecessary grinding, grating, unmuffled exhaust or rattling noises or in such a manner during acceleration, deceleration or negotiating turning movements so as to cause a shrill, piercing or screeching noise from the tires of said vehicle or motorcycle during such acceleration, deceleration or turning movement.
[Ord. No. 09-05 § II]
No person shall undress or disrobe, or dress or robe, in any public place, except such place as may be provided for such use. This section will not apply to outer-clothing or to children under the age of five years.
[Ord. No. 09-05 § II]
No person shall, within the limits of the Township, lodge in any automobile, truck, camping or recreation vehicle or similar vehicle in any public place.
[Ord. No. 09-05 § II]
No person shall park any motor vehicle so that it obstructs any public sidewalk in the Township.
[Ord. No. 09-05 § II]
No person shall urinate or defecate in any public place, or private place within public view or in any other place open to and used by the public.
[Ord. No. 10-08 § I]
Any person or persons fighting or brawling in the Township shall be deemed a disorderly person.
[Ord. No. 12-06]
No person shall purposely interfere with, hinder, disturb, or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb, or obstruct any retail or wholesale business owner, employee, agent, or personnel acting in the furtherance of the interests of that business with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of that business. This section does not apply to conduct considered lawful competitive economic practices.
[Ord. No. 09-05 § II; Ord. No. 10-08 § I; Ord. No. 12-06]
Any person violating the terms of this chapter, upon conviction in municipal court, will be subject to the penalty as stated in Chapter 1, Section 1-5.
[Ord. No. 93-04, § I; Ord. No. 98-07, § I]
No person shall operate any unregistered motor vehicle or conveyance, including but not limited to snowmobiles; two-wheel vehicles known as mini-bikes; trail bikes; motor scooters; and four-wheel motor vehicles known as go carts, under the following circumstances:
a. 
On the private property of another without the express written permission of the owner or occupant of the property.
b. 
On any public grounds or lands owned by the Township, excluding streets the use of which is expressly provided for by the New Jersey Statutes.
c. 
In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. It shall be presumed that the noise violates this provision if the noise exceeds the limits set forth in subsection 3-12.5 of Chapter 3 hereof.
d. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person, including the operator of the vehicle.
[Ord. No. 93-04, § I]
This section shall not apply to police and emergency vehicles.
[Ord. No. 93-04, § I]
The Police Department shall confiscate the unregistered vehicle operated in a prohibited area or in a prohibited manner described in subsection 3-10.1. The unregistered vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of a violation of this section or upon the direction of any court, except that a second or subsequent violation shall result in the forfeiture of such vehicle.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
The purpose of this section is to implement N.J.S.A. 15:8-1.1 by providing for background checks of applicants for membership in any volunteer fire company located within the Township and to further protect the safety of persons who rely upon members of a volunteer first aid squad located within the Township.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Membership in a volunteer fire company means membership in a volunteer fire company organized pursuant to Title 15 or Title 15A of the New Jersey Statutes, membership in a volunteer company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-70.1, membership in a junior firefighters' auxiliary established pursuant to N.J.S.A. 40A:14-95, or non-paid membership in a part-paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes. Membership in a volunteer first aid squad means membership in a first aid, rescue or ambulance squad organized pursuant to Title 15 or Title 15A which provides emergency medical services without receiving payment.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Any person desiring membership in a volunteer fire company (hereafter "company") or volunteer first aid squad (hereafter "squad") shall complete in duplicate, filing the same with the company or squad, an application the form of which may be prescribed by the company or squad, but which shall contain the following information about the applicant:
a. 
Name.
b. 
Home address.
c. 
Birth date.
d. 
Social Security Number.
e. 
Driver's License Number.
f. 
Any conviction of a violation of N.J.S.A. 2C:17-1.
1. 
Aggravated assault; or
2. 
Arson; or
3. 
Failure to control or report dangerous fire; or
4. 
Directly or indirectly pays or accepts any form of consideration for the purpose of starting a fire or explosion.
g. 
Any conviction of a violation of N.J.S.A. 2C:33-3, false public alarms.
h. 
Any conviction of a crime or disorderly persons offense.
i. 
Such other information as the company or squad deems relevant to the application provided none of such information is prohibited by law.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Following the filing of such application the company or squad shall transmit one of the applications to the Commander of the Hightstown Barracks of the New Jersey State Police, who shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his/her application and any such other investigation of the applicant's background as the Commander deems necessary for the protection of the public good. If as a result of such an investigation the applicant is found to have been convicted of a violation of N.J.S.A. 2C:17-1 a, b, c and/or d or N.J.S.A. 2C:33-3 or any other crime or disorderly persons violation or any other information that would indicate the applicant may be a threat to the health, safety or welfare of the community, the Commander shall report such information and the particulars thereof to the company or squad.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
In connection with said investigation, the applicant shall submit to fingerprinting, and the Commander is authorized to submit the applicant's fingerprint card and receive State criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this section.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
This section is intended to make the volunteer fire company and volunteer first aid squad an authorized agency as defined by N.J.A.C. 13:59-1.1.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
The above investigation by the Commander shall be completed within 30 days of the receipt of the application and the fingerprinting of the applicant.
[Ord. No. 97-20]
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this ordinance have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, repair, alteration or similar action, including demolition of buildings or structures.
DEMOLITION
Shall mean any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
EMERGENCY WORK
Shall mean any work or action necessary to deliver essential public services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions.
IMPULSIVE SOUND
Shall mean either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MOTOR VEHICLE
Shall mean any vehicle that is propelled other than by human or animal power on land.
MUFFLER
Shall mean a properly functioning sound dissipative device or system for abating the sound of escaping gases on equipment where such a device is part of the normal configuration of the equipment.
MULTI-DWELLING UNIT BUILDING
Shall mean any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Shall mean any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
a. 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
b. 
A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent.
NOISE CONTROL OFFICER
Shall mean an employee of: (1) a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities; or (2) a municipality with a Department approved noise control ordinance and the employee has received noise enforcement training and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons in order to be considered a noise control officer.
PLAINLY AUDIBLE
Shall mean any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The noise control officer need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Shall mean any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Shall mean either (a) the imaginary line including its vertical extension that separates one parcel of real property from another; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area).
WEEKDAY
Shall mean any day that is not a Federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Shall mean beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Ord. No. 97-20]
a. 
This model noise ordinance applies to sound from the following property categories:
1. 
Industrial facilities;
2. 
Commercial facilities;
3. 
Public service facilities;
4. 
Community service facilities;
5. 
Residential properties;
6. 
Multi-use properties;
7. 
Public and private rights-of-way;
8. 
Public spaces; and
9. 
Multi-dwelling unit buildings.
b. 
This model noise ordinance applies to sound received at the following property categories:
1. 
Commercial facilities;
2. 
Public service facilities;
3. 
Community service facilities;
4. 
Residential properties;
5. 
Multi-use properties; and
6. 
Multi-dwelling unit buildings.
c. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.3, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Ord. No. 97-20]
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and, whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and, whereas the people have a right to, and should be ensured of, an environment free from excessive sound.
Now therefore, it is the policy of the Township to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
This section shall apply to the control of sound originating from sources within the Township.
[Ord. No. 97-20]
a. 
The provisions of this section shall be enforced by noise control officers. A person shall be qualified to be a noise control officer if the person meets the criteria set forth in the definition above and completes, at a frequency specified by the Department in N.J.A.C. 7:29-2.11, a noise certification and recertification course which are offered by the Department of Environmental Sciences of Cook College, Rutgers, the State University of New Jersey or any other noise certification or recertification course which is offered by an accredited university and approved by the Department.
b. 
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in subsection 3-12.5b and c of this regulation and with the definition of "real property line" as contained herein.
c. 
Noise control officers shall have the power to:
1. 
Coordinate the noise control activities of all departments in the Township and cooperate with all other public bodies and agencies to the extent practicable;
2. 
Review the actions of the Township and advise of the effect, if any, of such actions on noise control;
3. 
Review public and private projects, subject to mandatory review or approval by other departments or boards for compliance with this ordinance; and
4. 
Investigate and pursue possible violations of this section for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with subsection 3-12.7 below.
5. 
Cooperate with noise control officers of adjacent municipalities in enforcing one another's municipal noise ordinances.
[Ord. No. 97-20]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-12.2a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in paragraph b below[1]
[1]
Editor's Note: The tables referred to herein may be found at the end of this section.
b. 
When measuring total sound or residual sound within a multi-use property, or within a residential unit when the property line between it and the source property is a common wall, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room most affected by the noise. Residual sound shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound or residual sound, all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
c. 
Indoor measurements shall only be taken if the sound source is on or within the same property as the receiving property, as in the case of a multi-use property (e.g., sound generated within a commercial unit of a multi-use property building and received within a residential unit of the same building) or multi-dwelling unit building. In addition, indoor measurements shall be taken if the property line between the receiving property and the source property is a common wall, such as in a multi-dwelling unit building. The allowable sound level standards for indoors are as shown in Tables I and II.
d. 
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as impulsive sound and shall meet the requirements as shown on Table I.
[Ord. No. 97-20]
a. 
1. 
Except as provided in paragraph b below, the provisions of this section shall not apply to the exceptions listed at N.J.A.C. 7:29-1.4.
2. 
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II, except as provided for in paragraph b below.[1]
[1]
Editor's Note: The tables referred to herein may be found at the end of this section.
b. 
Notwithstanding the provisions of Tables I and II, the following standards shall apply to the activities or sources of sound set forth below:
1. 
Noncommercial or non-industrial power tools and landscaping and yard maintenance equipment shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I and II. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Tables I and II do not apply to noncommercial or non-industrial power tools and landscaping and yard maintenance equipment;
2. 
Commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless such activities can meet the limits set forth in Tables I and II. In addition, commercial or industrial power tools and landscaping and yard maintenance equipment, excluding emergency work, utilized on commercial or industrial property shall meet the limits set forth in Tables I and II between the hours of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these activities shall be operated with a muffler. At all other times, the limits set forth in Tables I and II do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment;
3. 
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal holidays, unless such activities can meet the limits set forth in Tables I and II. All motorized equipment used in construction and demolition activity shall be operated with a muffler. At all other times, the limits set forth in Tables I and II do not apply to construction and demolition activities;
4. 
Motorized snowblowers, snow throwers, and lawn equipment with attached snow plows shall be operated at all times with a muffler;
5. 
An exterior burglar alarm of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for impulsive sound after it has been activated;
6. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a residential property line between the hours of 10:00 p.m. and 8:00 a.m.;
7. 
Personal vehicular music amplification equipment shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.;
8. 
Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator;
9. 
Sound levels exceeding the limits set forth in Table I, shall be prohibited between residential units within the same multi-dwelling unit building. Measurements shall be taken indoors as per subsection 3-12.5b and c.
[Ord. No. 97-20]
a. 
Violation of any provision of this section shall cause for an enforcement document to be issued to the violator by the noise control officer according to procedures set forth at N.J.A.C. 7:29-1.6. The recipient of an enforcement document shall be entitled to a hearing in Municipal Court having jurisdiction to contest such action.
b. 
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than $3,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
c. 
No provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.
[Ord. No. 11-21]
a. 
Prohibition. It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Township of Millstone, any mechanical exhaust or decompression device also known as "engine-braking." "Engine-braking" as used herein shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in loud or unusual noise from such vehicle, and shall include engine compression brakes.
b. 
Exceptions. The provisions of this subsection shall not apply to the practice of "engine-braking:"
1. 
Where conventional vehicle brakes have failed resulting in an emergency making necessary the use of "engine-braking;" or
2. 
By emergency equipment being used for emergency purposes.
c. 
Posting of Signs. The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine-braking.
d. 
Violations and Penalties. Any person violating any of the provisions of this subsection shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Section 1-5 General Penalty of the Revised General Ordinances of the Township of Millstone.
[1]
Tables I and II of Maximum Permissable Sound Levels are attached at the end of this chapter.
[Ord. No. 97-24, § I; Ord. No. 98-03, § I]
Residential health care facilities as defined by N.J.S.A. 30:11A-1 et seq. are hereby required to install and maintain emergency electrical generators having sufficient capacity to insure the provision of basic essential services such as emergency lighting, life support equipment, heat, fire alarm and suppression equipment, elevators and sump pumps. Said generators shall also be capable of furnishing electrical power to heating systems in the event of public utility power failures. The generating system required to be installed by this section shall meet the basic intent and requirements of the National Fire Protection Association (Standard #99). There shall be sufficient fuel capacity on hand for 48 hours operation of life generators.
[Ord. No. 97-24, § I]
The emergency generators and back up power supply sources required to be installed and maintained pursuant to the provisions of this section shall be installed within one year of the date of adoption of this section and a certificate signifying compliance with the terms and provisions of this section shall be supplied by nursing homes and extended care facilities to the Township. Existing emergency generating systems meeting the requirements of National Fire Prevention Association (Standard #99) shall be deemed as meeting the requirements of this section.
The owners or operators of covered facilities shall inspect and test the emergency generating system installed in their facilities at least once per month and keep a log of said inspections and tests. The log shall indicate whether or not the system was fully functional on the date of the test and shall be available during regular business hours for inspection by Township officials.
[Ord. No. 97-24, § I]
The Code Enforcement Officer, Fire Official or the Electrical Subcode Official of the Township of Millstone shall be responsible for performing an annual inspection to insure compliance with the terms and provisions of this section. The cost of said annual inspection shall be $50 and shall be paid to the Township of Millstone by the owner or operator of the subject property. The annual inspection shall be for the purpose of insuring that an emergency generating system is in place and fully functional. Such testing shall assure that the system will function adequately under full load. Records relating to these inspections shall be kept in the office of the Construction Code Official of the Township of Millstone.
[Ord. No. 97-24, § I; Ord. No. 06-06, § II]
Any owner or operator of a nursing home or extended care facilities found to be in violation of the provisions of this section may be subject to a fine as stated in Chapter 1, Section 1-5.
[Ord. No. 00-24, § I]
The purpose of this section is to provide for the enforcement of P.L. 2000 c. 33.
[Ord. No. 00-24, § I]
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 00-24, § I]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The Court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement of that person's driver'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 a 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 N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. 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 N.J.S.A. 39:3-40.
The Court shall, of any person convicted under this section who is not a New Jersey resident, 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.
This section does not prohibit an underage 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.
This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 01-41, § I; Ord. No. 02-05, § I]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others. Specifically exempted hereunder is noise presumed not to be a nuisance pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Ord. No. 01-41, § II; Ord. No. 2017-02]
Without intending to limit the generality of subsection 3-15.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
a. 
Radios; Televisions; Phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
c. 
Animals; Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 9, Animal Control, of this revision.
d. 
Horns. The sounding of a horn or warning device on an 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 on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
e. 
Generators. No fuel-powered device that produces electricity, and produces sound that is audible at a distance of 100 feet from its location, shall be operated on residential or commercial property. The prohibition of this subsection shall not apply to the following exceptions, so long as the device is operated with a muffler:
1. 
At times when electric power is interrupted for reasons beyond the control of the property owner or occupant.
2. 
For maintenance or testing of the generator unit, for a time period not to exceed 30 minutes. Such maintenance or testing shall not occur more often than once per week, and shall only be conducted during the hours of 9:00 a.m. and 5:00 p.m. on residential property, and between 8:00 a.m. and 7:00 p.m. on commercial property.
[Ord. No. 01-41, § II]
Section 1-5 hereof, General Penalty, shall apply.
[Ord. #03-27, § I; Ord. No. 06-24, § I]
The purpose of this section is to implement the authority given to local governing bodies by N.J.S.A. 39:4-10.10a. It is the finding of the Township Committee that in order to protect the safety of the public and public property, it is necessary to prohibit the use of skateboards, scooters, roller skates and roller blades on the property identified in subsection 3-16.3. This section is not intended to affect the rights of any other entity or person, private or public, to control and regulate use of skateboards, scooters, roller skates and roller blades on his/her/its own property.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
The following terms used in this section shall have the following meanings:
ROLLER SKATES
Shall mean a pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground. Devices commonly known as "roller blades" are intended to be included within this definition.
SKATEBOARDS; SCOOTERS
Shall mean a device made of rigid material designed primarily to be stood upon, with a set of wheels attached, regardless of the number or placement of those wheels and used to glide or propel the user over the ground.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
No person shall engage in any activity utilizing skateboards, scooters, roller skates or roller blades on any Township-owned property.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
Every person convicted of any provision of this section shall be liable upon conviction to a fine of not more than $100 or for a sentence of community service of not more than 30 days.
[Ord. No. 04-28; Ord. No. 12-18]
As used in this section:
a. 
CRIMINAL HISTORY RECORD BACKGROUND CHECK – Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
b. 
DEPARTMENT – Shall mean the Township of Millstone, Department of Administration.
c. 
TOWNSHIP SPONSORED PROGRAMS – Shall mean any programs sponsored by the Township that provide and utilize Township facilities or Township property.
d. 
TOWNSHIP SUPPORTED PROGRAMS – Shall mean any programs which receive benefits, either directly or indirectly, including but not limited to the provision of funding and/or the provision of fields, facilities and/or equipment (and including the maintenance of same), from the Township of Millstone.
[Ord. No. 04-28; Ord. No. 12-18]
a. 
The Township requires that all employees and volunteers, 18 years or older, involved with Township sponsored programs and Township supported programs involving minors submit to a criminal history record background check.
b. 
The Division of State Police shall inform the designated department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in subsection 3-17-3a1 and 2.
c. 
A criminal history record background check shall be conducted only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
d. 
The Township shall bear the cost associated with conducting criminal background checks for participants in Township sponsored programs only.
[Ord. No. 04-28]
a. 
A person may be disqualified from serving as an employee or volunteer of a Township sponsored program involving minors if that person's criminal history background check reveals a record of conviction of any of the following crimes and offenses:
1. 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C: 12-1 et seq., N.J.S.A. 2C: 13-1 et seq., N.J.S.A. 2C 14-1 et seq. or N.J.S.A. 2C: 15-1 et seq.;
(b) 
Against the family, children or incompetents meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C1.401 et seq.;
(c) 
Involving theft as set forth in Chapter 2C of title 2C of the New Jersey Statutes;
(d) 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except paragraph (A) of subsection a of N.J.S.A. 2C: 35-10.
2. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph a1 of this subsection.
[Ord. No. 04-28]
Prospective or current employees and volunteers of Township sponsored programs involving minors shall submit their name, address, fingerprints and written consent to the Township for the criminal history record background check to be performed. The volunteer or employee shall submit this documentation to the Township Administrator who shall coordinate the background check.
[Ord. No. 04-28]
a. 
Access to criminal history information for noncriminal justice purposes, including licensing and employment is restricted to authorized personnel of the Township, on a need to know basis, as authorized by Federal or State statute or rule or regulation, executive order, administrative code, local ordinance or resolution.
b. 
The Township shall limit its use of the criminal history record information solely to the authorized purpose for which it was obtained and the criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive such information. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. All records shall be destroyed immediately after they have served their intended and authorized purpose. Any person violating Federal or State regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
[Ord. No. 04-28]
If this criminal history record may disqualify an applicant for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are not final dispositions indicated on the record.
[Ord. No. 04-31, § I]
The purpose of this section is to secure and maintain the public peace, health, safety, welfare and convenience of the residents and property owners of the Township of Millstone, Monmouth County, New Jersey, by the regulation of the use of firearms within Millstone Township.
[Ord. No. 04-31, § I]
No person shall discharge a firearm within Millstone Township.
a. 
Within 450 feet of an occupied or unoccupied building, structure, or edifice.
b. 
Within 450 feet of any public or private school property.
c. 
Upon or across any public road or highway, within Millstone Township.
d. 
In a careless or reckless manner, or which imperils or causes harm to personal security or endangers the property of any person within the Township.
[Ord. No. 04-31, § I]
This section shall not be applicable to the discharge of any firearm in the following locations or circumstances.
a. 
By members of any law enforcement agency of any municipal, County, State or Federal government or any representative of the New Jersey Division of Fish, Game and Wildlife, while in the performance of their official duties.
b. 
By any person in protection of himself, members of his family or his guest, or in protection of his property.
c. 
On farmland by the owner, or occupant of a farm, who actually resides thereon, or the immediate family who resides thereon, or by any person(s) having written permission from the landowner.
d. 
By farmers carrying and discharging firearms in the process of animal control in accordance with State law.
e. 
By a duly authorized hunter, possessing a valid hunting license, so long as they are in compliance with all laws, rules and regulations governing hunting in the State of New Jersey.
[Ord. No. 04-31, § I]
a. 
BUILDING – The words building, structure, or edifice, as used in this section, shall be construed to mean a space within its walls and usually, but not necessarily, covered by a roof.
b. 
FARM – A parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, horses, poultry and dairy products and which is vacant land upon which is located only a principal dwelling and outbuildings.
c. 
FIREARM – Any handgun, rifle, shotgun, machine gun, automatic or semiautomatic rifle, shotgun, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectible ball, slug, pellet, missile, or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell by the action of any explosive or the ignition of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air ejecting a bullet or missile smaller than 3/8 of an inch in diameter, with sufficient force to injure a person.
d. 
HANDGUN – Any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.
e. 
RIFLE – Any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled or smooth bore for each single pull of the trigger.
f. 
SHOTGUN – Any firearm designed to be fired from the shoulder using the energy of the explosive in a fixed shotgun shell to fire a number of ball shot or a single projectile for each pull of the trigger.
[Ord. No. 04-31, § I]
The prohibited areas affected by this section are intended to be supplemental to those areas described in N.J.S.A. 23:4-16, as amended from time to time.
[Ord. No. 04-31, § I]
Any person who violates any provision of this section, except subsection 3-18.7, shall upon conviction be subject to the fines and penalties as set forth in Section 1-5.
[Ord. No. 04-31, § I]
Any property owners may post their respective properties with appropriate signage indicating safety zone within 450 feet of occupied and unoccupied dwellings and edifices.
[1]
Editor's Note: Sex Offender Residency Prohibition, previously codified herein and containing portions of Ordinance No. 05-37, was repealed in its entirety by Ordinance No. 09-12.
[Ord. No. 05-45 § I; Ord. No. 2017-04]
No person under the age of 18 shall be permitted in any public place, street or property in the Township between the hours of 10:00 p.m. and 6:00 a.m. of each and every day during the period from October 28 to November 1, inclusive, of each year unless such person shall during such hours be returning home from work, night school, fraternity or religious or school or community-based organization meetings or en route to or returning from a doctor's or dentist's office where treatment is to be rendered or has been rendered, or is accompanied by his parent or guardian over 20 years old.
[Ord. No. 05-45 § I]
During the above restricted time no person shall wear a mask or partial mask in any public place, street or property in the Township.
[Ord. No. 05-45 § I]
A person who is a parent, guardian or standing in loco parentis, who permits, consents to, approves or allows any person under 18 years of age to violate any provisions of this section shall likewise be guilty of a violation of this section.
[Ord. No. 2017-04]
Any person convicted of violating the provisions of this section shall be required to perform community service and may be subject to a fine of up to $1,000. If both a person under the age of 18 and his or her parent or guardian are convicted of violating the provisions of this section, they shall be required to perform community service together.
[Ord. No. 07-21 § I]
The Township of Millstone declares that it is in the best interest, health and general welfare of the residents of Millstone Township that regulations be promulgated regarding parades, demonstrations and public assemblies on public property within the Township of Millstone.
[Ord. No. 07-21 § I]
a. 
No person or association of persons shall engage in, participate in, aid, form or start any parade, demonstration or public assembly within the Township of Millstone, unless a permit shall have been obtained from the Township Clerk or a permit is specifically exempted in this section.
b. 
Any person or association of persons violating or failing to comply with any of the provisions of this section shall be deemed a disorderly person.
[Ord. No. 07-21 § I]
a. 
PARADE – Shall mean any march, ceremony, demonstration, show, exhibition, pageant, procession, rally or motorcade consisting of persons, animals or vehicles or a combination thereof upon the streets, sidewalks, parks or other public grounds.
b. 
PUBLIC ASSEMBLY – Shall mean any meeting, demonstration, picket line, rally, or gathering of more than 20 persons for a common purpose where such assembly shall be held upon the streets, sidewalks, parks or other public grounds.
c. 
DEMONSTRATION – Shall mean any gathering of 20 or more persons for the purpose of demonstrating, picketing, speechmaking, marching, and holding of vigils where such gathering shall be held upon the streets, sidewalks, parks or other public grounds.
d. 
PERSON – Shall mean any person, persons, group, firm, partnership, association, corporation, company, organization or entity of any kind.
[Ord. No. 07-21 § I]
a. 
This section shall not apply to funeral processions, wedding processions, a governmental agency acting within the scope of its functions, labor picketing on sidewalks, students going to and from classes or school, students participating in educational activities provided that such activity is under the immediate direction and supervision of the proper school authorities, or sports activity or event.
b. 
This section shall not apply to a spontaneous event occasioned by news or current affairs coming into the public knowledge within three days of the proposed parade, demonstration or public assembly, provided that the organizer gives written notice to the Township Clerk at least 24 hours prior to such parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
a. 
A permit shall be obtained by application to the Township Clerk at least 30 business days prior to the date of the parade, demonstration or public assembly. The permit application shall be filed during the regular business hours of the Township (8:30 a.m. to 4:30 p.m., Monday through Friday, holidays excepted.) The Township Clerk shall have the authority to waive the thirty day filing requirement if the Township Clerk determines that the date of the filing of the application was reasonable under the circumstances.
b. 
The application for the permit shall set forth the following information:
1. 
The name, address and telephone number of the person requesting the permit to conduct such parade, demonstration or public assembly;
2. 
If the parade, demonstration or public assembly is to be conducted for, on behalf of, or by an organization or entity, the name, address, and telephone number of the headquarters of the organization or entity and the authorized head of such organization or entity;
3. 
The name, address and telephone number of the person who will be in charge of and responsible for the parade, demonstration or public assembly;
4. 
The date when the parade, demonstration or public assembly is to be conducted;
5. 
The route to be traveled, including the starting point and ending point;
6. 
The approximate number of persons, animals and vehicles that will participate in said parade, demonstration or public assembly;
7. 
The approximate hours when the parade, demonstration or public assembly will start and end;
8. 
A statement whether the parade, demonstration or public assembly will occupy all or a portion of the streets or public property proposed to be used;
9. 
The location of any streets or public property to be used as an assembly area for the parade, demonstration or public assembly;
10. 
The purpose of the parade, demonstration or public assembly;
11. 
A statement setting forth the method of disposing of any garbage, trash and refuse; and
12. 
A statement setting forth the plan for security and emergency services to be provided;
13. 
A list of any temporary structures the applicant seeks to use, including but not limited to platforms, speaker's stands, lecterns, chairs, sound equipment, portable sanitary facilities, press and news facilities, and the time for removal of all such temporary structures; and
14. 
Any other information necessary to assure compliance with this section and all other ordinances of the Township of Millstone.
c. 
A nonrefundable fee of $25 shall be paid at the time the application for a permit is filed.
[Ord. No. 07-21 § I]
a. 
The Township Administrator shall act upon the application for the permit within seven days after the filing of the permit.
b. 
The Township Administrator shall consider whether the permit shall issue taking into account the following factors:
1. 
The parade, demonstration or public assembly will not substantially interfere with the safe and orderly movement of traffic;
2. 
The parade, demonstration or public assembly will not deny reasonable police protection to the Township;
3. 
The parade, demonstration or public assembly will not deny reasonable emergency services to the Township;
4. 
The parade, demonstration or public assembly will not interfere with emergency services equipment on route to an emergency;
5. 
The conduct of the parade, demonstration or public assembly will not be reasonably likely to cause injury to persons at the parade, demonstration or public assembly;
6. 
Whether any other application for a permit for a parade, demonstration or public assembly has been filed or granted for the same date, time and place.
c. 
The Township Administrator may require the posting of a bond to cover the costs of regulating the parade, providing compensation for any emergency services provided, or providing compensation for any anticipated damage caused by the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
a. 
If the Township Administrator grants the permit, the Township Clerk shall issue the permit the next business day or as soon thereafter as a bond has been posted, if a bond has been made a condition of the issuance of the permit.
b. 
The permit shall include date, starting and ending times, streets or public property to be used, the approximate number of persons, animals and vehicles involved, use of any temporary structures, and any other conditions required for the time, place and manner in which the parade, demonstration or public assembly is to be conducted.
c. 
The Township Clerk shall send a copy of the permit to the Township Committee, Township Administrator, State Police, Fire Official, emergency management services, and any other persons the Township Clerk deems appropriate.
[Ord. No. 07-21 § I]
a. 
If the Township Administrator denies the application for the permit, the Township Administrator shall mail to the applicant by certified mail, return receipt requested, within 10 business days after the application was filed, notice of the denial stating the reasons for the denial.
b. 
Any person aggrieved by the denial of the permit shall have the right of appeal to the Township Committee. The appeal shall be taken within three business days after receipt of the notice of denial.
c. 
Upon written notice from the aggrieved person, the Township Administrator shall schedule a public hearing for the next regularly scheduled Township Committee meeting and shall send a copy of the application and notice of denial of the permit to the Township Committee, Township Clerk, State Police, Fire Official, emergency management services and any other persons the Township Administrator deems appropriate.
d. 
The Township Committee shall consider whether the permit shall issue taking into account the factors set forth in subsection 3-21.6b.
e. 
The Township Committee may require the posting of a bond to cover the costs of regulating the parade, providing compensation for any emergency services provided, or providing compensation for any anticipated damage caused by the parade, demonstration or public assembly.
f. 
The Township Committee shall adopt a resolution granting or denying the permit.
g. 
If the Township Committee grants the permit, the Township Clerk shall issue the permit in accordance with subsection 3-21.7.
[Ord. No. 07-21 § I]
a. 
The applicant and the person who will be in charge of and responsible for the parade, demonstration or public assembly shall comply with all permit directions and conditions and all other applicable laws and ordinances.
b. 
The person who will be in charge of and responsible for the parade, demonstration or public assembly shall carry the permit on his person during the course of the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
The applicant and any person on whose behalf the application is made to agree and stipulate that they will jointly and severally indemnify and hold the Township harmless against liability for any and all claims for damage to property or injury or death arising out of or resulting from the issuance of the permit or the conduct of the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
The Township Committee may revoke a permit upon a finding that any statement in the application was false, that there was a violation of the rules in this section, or when a public emergency arises where the police or emergency services required for the emergency are so great that there would be an immediate and adverse effect on the health, welfare or safety of persons or property.
[Ord. No. 07-26 § I]
The Township of Millstone owns and maintains a Military Veterans Memorial located adjacent to the Municipal Building. It is the intention of the Township to maintain an atmosphere of calm, tranquility and reverence at the Veterans Memorial for visitors to remember and commemorate veterans of the United States military who have served their country or to honor members of the United States military who are currently serving their country.
[Ord. No. 07-26 § I]
a. 
No person, association of persons, group, organization or entity shall engage in any parade, demonstration or public assembly within 150 feet of the Township's Veterans Memorial for one hour before or after a ceremony, service, memorial, or commemoration dedicated to past or current members of the United States military on Memorial Day, Veterans Day or other day that was duly scheduled and noticed by the Millstone Township Veterans Council, except for the ceremony, service, memorial or commemoration duly scheduled by the Millstone Township Veterans Memorial Council.
b. 
No person shall engage in any activity in contravention of the intended purpose of maintaining an atmosphere of calm, tranquility and reverence at the Veterans Memorial including any form of sports activity.
c. 
No person shall display any placard, banner, flag or similar object at the Veterans Memorial site unless such display is part of a funeral ceremony, service, memorial or commemoration dedicated to past or current members of the United States military.
d. 
Any person violating or failing to comply with any of the provisions of this section shall be deemed a disorderly person.
[Ord. No. 07-31 § I]
No person who is in possession of and/or the operator of property within the Township which has been the subject of a development application approval as evidenced by a written resolution of the Planning Board or of the Zoning Board of Adjustment, which resolution contains or references other documents or maps establishing conditions applicable to the continuing use of the property, shall violate any such conditions. In the event such conditions are violated, the person in possession or control of the subject property shall be issued a written notice of such violation. If such violation is not permanently discontinued or permanently remedied within 10 days of issuance of the notice of violation, a municipal summons may issue subjecting any party found guilty to the penalties set forth in Chapter 1, Section 1-5 hereof.
[Ord. No. 09-04, § I]
The use of motor vehicles in an unauthorized fashion on Township-owned property or property in which the Township has an interest, causes undue wear and tear on the property, is invasive of public peace and good order, can lead to injuries to members of the public and inhibits the equal opportunity to peaceful use and enjoyment of the property. It is deemed to be in the best interests of the public to strictly regulate the operation of motor vehicles on Township-owned property or property in which the Township has an interest.
[Ord. No. 09-04 § I; Ord. No. 13-30]
For purposes of this section, and the interpretation and enforcement thereof, the following words and phrases should have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
LICENSED DRIVER
Shall mean a person possessing a valid license to operate the type of motor vehicle being driven and issued by the State or country of his/her residence.
MOTOR VEHICLE
Shall mean all vehicles propelled otherwise than by muscular power, including but not limited to cars, trucks, and any variations thereof, motorized bicycles, mopeds, motorcycles, motor scooters, all-terrain vehicles, go-carts, motorized dirt bikes, dune buggies, tractors, riding lawn mowers and snowmobiles.
PARKING
Shall mean the standing or waiting of a motor vehicle in a prohibited area listed under subsection 3-24.3c below, while not actually engaged in receiving or discharging passengers. It shall give rise to a rebuttable presumption that a motor vehicle is parked if either (i) there is no licensed driver occupying the driver's position in the motor vehicle or (ii) the motor vehicle's engine is not running. However, a motor vehicle may be deemed parked even in the presence of a licensed driver or the motor vehicle engine running, if it meets the prohibition of the first sentence hereof.
REGISTERED MOTOR VEHICLE
Shall mean a motor vehicle validly registered in the State or country in which it is principally garaged.
TOWNSHIP-OWNED PROPERTY
Shall mean any real estate or improvements located on real estate, title to which is held by the Township or in which the Township has a possessory interest, including but not limited to easement, rights-of-way and leaseholds. This term shall not be deemed to include public streets or highways because operation thereon is controlled by State statute.
[Ord. No. 09-04 § I; Ord. No. 13-30]
a. 
No person shall use, operate, drive or ride in or upon or permit the use, operation, driving or riding upon any motorized vehicle on any Township-owned property except:
1. 
A registered motor vehicle which is being operated in an improved parking lot ("parking lot") or upon an improved roadway ("driveway") providing access to or from a parking lot for the purpose of gaining access to a Township facility. Operating a registered motor vehicle in or upon the parking lot or driveway for any other purpose, including operation for recreational purposes, does not fall within this exception.
2. 
A specialized motor vehicle required by a medical condition in order to assist with ambulation.
3. 
Motorized vehicles operated by Township employees, agents or by special permission of the Township, as required for property maintenance or construction of Township facilities.
4. 
Police, fire, first aid, rescue or military vehicles, or motor vehicles registered to the Federal, State, County or local government, while such vehicles are being operated by authorized personnel in the performance of an official duty.
5. 
Agricultural vehicles, while being used for agricultural purposes crossing Township Owned Property from one immediately adjacent farm field to another immediately adjacent farm field.
b. 
No person owing or having custody of a motor vehicle as defined herein, whether registered or unregistered, shall allow the vehicle to be operated in areas prohibited herein by a minor.
c. 
The parking of a motor vehicle in any of the following described areas which have been posted with "No Parking" signs:
1. 
Abate Park entrance road, both sides, entire length, including circle, except designated parking lot area.
[Ord. No. 09-04, § I]
Any person or persons found to be in violation of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5 of the Code of the Township of Millstone.
[Ord. No. 10-05 § I]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, the Public Property Drug-Free Zone Map produced on or about March 1, 2010 by Leon S. Avakian, Inc., Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for public purposes as specifically defined and regulated by the above referenced statute, and of the areas on or within 500 feet of such public property.
[Ord. No. 10-05, § I]
The Public Property Drug-Free Zone Map approved and adopted pursuant to subsection 3-25.1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public property to which the statute cited in subsection 3-25.1 applies 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 public property and drug-free zones.
[Ord. No. 10-05, § I]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-25.1 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 further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the Office of the Monmouth County Prosecutor.
[Ord. No. 10-05, § I]
a. 
It is understood that the map approved and adopted pursuant to subsection 3-25.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location and boundaries of public housing facilities, public parks and/or public buildings as defined in N.J.S.A. 2C:35-7.1 within the municipality.
2. 
The location and boundaries of areas which are on or within 500 feet of such public property.
3. 
All of the property depicted on the map and approved and adopted herein as public property qualifies as public property as defined in N.J.S.A. 2C:35-7.1.
4. 
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-25.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which, in fact, qualifies as the type of public property defined in N.J.S.A. 2C:35-7.1, 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 public property as defined in that statute.
b. 
All of the requirements set forth in N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a public property drug-free zone map have been complied with.
[Ord. No. 11-15 § 1]
Any person who shall manufacture, sell, transport or use fireworks, or permit the use of fireworks on premises under one's ownership or control, shall be adjudged in violation of this section. "Fireworks," as used herein, shall include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. Persons having ownership or control of premises at which fireworks have been used in violation of this subsection shall give rise to a rebuttable presumption to having permitted the use of fireworks on such premises. Such presumption may be rebutted by submitting evidence that such person took affirmative action to stop or prevent such use, or was not physically at or in close proximity to the premises at any time during such use. It shall be a defense to a charge hereunder if the person shall have been issued a permit by written resolution of the Township Committee pursuant to the provisions of the State Fire Prevention Code.
[Added 4-17-2019 by Ord. No. 19-02]
As used in this section, the following words and phrases shall have the following meanings:
OPERATE
To fly, control, direct or program the flight of an unmanned aircraft system.
UNMANNED AIRCRAFT
An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
UNMANNED AIRCRAFT SYSTEM
An unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.
It shall be unlawful for any person operating an unmanned aircraft or unmanned aircraft system to takeoff from or land on public property without prior written approval from the Township Administrator and compliance with the following:
a. 
Submission of the operator’s proof of certification under § 3-27.3 to the Township Administrator;
b. 
Providing written notification of the anticipated unmanned aircraft or unmanned aircraft system activities at least five days in advance of such activities to all property owners within 200 feet of the public property; and
c. 
Compliance with any and all other requirements of any park rules or regulations.
Any person who operates a unmanned aircraft or unmanned aircraft system within the Township must present, immediately upon request by any police or code enforcement officer, a current certificate of aircraft registration issued by the FAA for the unmanned aircraft, together with a remote pilot certificate where the use of the unmanned aircraft requires such a certificate under 14 CFR 107.
It shall be unlawful for any person to equip an unmanned aircraft or unmanned aircraft system with any weapon or hazardous substance that creates a hazard to persons or property.
The operator of any unmanned aircraft or unmanned aircraft system shall immediately report to the Township any operation of the unmanned aircraft or unmanned aircraft system on public property involving either injury to any person or damage to any private or public property.
It shall be unlawful for any person to operate an unmanned aircraft or unmanned aircraft system in a manner that violates the reasonable expectation of privacy of any other persons. Such operation shall include, but is not limited to, operating an unmanned aircraft or unmanned aircraft system to view into the windows or other openings of dwelling places, or otherwise viewing, from a distance of less than 50 feet, that area of any property that is not visible from the street.
Any person found to be in violation of the provisions of this section may be subject to a fine as stated in Chapter 1, § 1-5.