[1982 Code § 63-1; Ord. No. 442]
a. All terminology defined herein which relates to the nature of sound
is in conformance with the terminology of the American National Standards
Institute or its successor body.
b. As used in this section:
EMERGENCY
Shall mean any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
SOUND REPRODUCTION DEVICE
Shall mean any device that is designed to be used for the
production or reproduction of sound, including but not limited to
any musical instrument, radio, television, tape recorder, cassette
player, phonograph, loudspeaker, public address system or any other
sound amplifying device.
UNREASONABLE NOISE
Shall mean any excessive or unusually loud sound or any sound
which annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes or has the potential to cause injury to animal life
or damage to property or business. Standards to be considered in determining
whether "unreasonable noise" exists in a given situation include but
are not limited to the following:
2.
The intensity of the noise.
3.
Whether the nature of the noise is usual or unusual.
4.
Whether the origin of the noise is usual or unusual.
5.
The volume and intensity of the background noise, if any.
6.
The proximity of the noise to residential sleeping facilities.
7.
The nature and the zoning district of the areas within which
the noise emanates.
8.
The time of the day or night the noise occurs.
9.
The time duration of the noise.
10.
Whether the sound source is temporary.
11.
Whether the noise is continuous or impulsive.
12.
Whether such noise would disturb the peace and/or be considered
a common law nuisance.
[1982 Code § 63-2; Ord. No. 442]
No person shall make, continue, cause or suffer to be made or continued any unreasonable noise, as defined in Subsection
3-1.1b, or such unreasonable and unnecessary noise of such material character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which annoys, disturbs, injures or endangers the comfort, safety, repose, peace or safety of any individual. In particular, but within limitation, the following enumerated acts are declared to be in violation of this section:
a. Sound Reproduction Devices.
1. No person shall operate or cause to be operated a sound reproduction
device that produces unreasonable noise. The operation of any such
device in such a manner as to create unreasonable noise across a real
property boundary is prohibited.
2. No person shall operate, use or cause to be used any sound reproduction
device for commercial or business advertising purposes or for the
purpose of attracting attention where the sound therefrom may be heard
upon any street or public place. Nothing in this subsection is intended
to prohibit sounds emanating from authorized sporting, entertainment
or other public events where such devices are used.
b. Shouting and Peddling.
1. No person shall shout, yell, call, hoot, whistle or sing on public
streets or in public places as to cause unreasonable noise.
2. No person shall call for the purpose of advertising goods, services,
wares or merchandise within any area zoned for residential use so
as to cause unreasonable noise. The provisions of this subsection
shall not apply to the sale of merchandise or food and beverages at
authorized entertainment events such as parades, fairs and sporting
events.
c. Squealing Tires. No person shall operate a vehicle in such a manner
as to cause unreasonable noise by purposely, recklessly or negligently
spinning or squealing the tires of such a vehicle.
d. Noise-sensitive Zones. No person shall cause or permit the creation
of any sound by means of any device or otherwise on any sidewalk,
street or public place adjacent to any school, house of worship or
public library while such facility is in use so that such sound disrupts
the normal activities conducted at such facility or disturbs or annoys
persons making use of such facility.
e. Animals and Birds. No person shall keep, permit or maintain any animal,
including a bird, under his control which frequently or for continued
duration makes sounds which create unreasonable noise across a real
property boundary.
f. Loading and Unloading.
1. No person shall engage in, cause or permit the loading, unloading,
opening, closing or other handling of boxes, crates, containers, building
materials, garbage cans or similar objects between the hours of 9:00
p.m. and 7:00 a.m. the following day in such a manner as to cause
unreasonable noise across a residential real property boundary or
noise-sensitive zone.
2. The foregoing Subsection f1 shall not apply to the operation of any business which, prior to the enactment of this section, shall have specifically been granted, in writing, by the Mayor and Town Council, the Planning Board or Board of Adjustment, the right to conduct the activities described in Subsection f1 during other hours than those set forth in that subsection, or which, after the enactment of this section, shall obtain a permit in accordance with Subsection
3-1.4 hereof. In such case, the hours set forth in writing by that body shall apply.
g. Horns and Signaling Devices. No person shall cause or permit or be
caused the sounding of any horn or other auditory signaling device
on or in any motor vehicle except to serve as a danger warning.
h. Powered Model Toys. No persons shall operate a powered model airplane,
model motorboat or model automobile so as to create an unreasonable
noise across a real property line.
i. Standing Motor Vehicles.
1. No person shall operate or permit to be operated the engine of any
motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such vehicle,
for a period longer than 20 minutes in any hour while the vehicle
is stationary, for reason other than traffic congestion, on a public
right-of-way or public space so that the sound therefrom is audible
across a residential real property boundary or noise-sensitive zone
between the hours of 9:00 p.m. and 7:00 a.m. the following day.
2. This subsection shall not apply to authorized emergency vehicles
or to public utility vehicles actually engaged in any emergency repair
activity.
j. Vehicle or Motorboat Repairs and Testing. No person shall cause or
permit the repairing, rebuilding, modifying or testing of any motor
vehicle, motorcycle, snowmobile or motorboat in such a manner as to
cause unreasonable noise across a residential real property boundary
or within a nose-sensitive zone.
k. Exhaust Muffler Devices. No person shall operate or cause to be operated
any motor vehicle, motorcycle, snowmobile, motor scooter, minibike
or moped not equipped with a muffler in good order and in constant
operation.
l. Construction.
1. No person shall operate or permit to be operated any tool or equipment
used in construction, drilling or demolition work between the hours
of 8:00 p.m. and 7:00 a.m. the following day on weekdays or at any
time on Sundays or legal holidays, such that the sound therefrom creates
unreasonable noise across a residential real property boundary or
in a noise-sensitive area.
2. The provisions of this subsection shall not apply to emergency work.
m. Industrial Operation. No person shall operate or permit to be operated
on a sound-source site any industrial operation that produces a sound
level unreasonable across a property boundary.
[1982 Code § 63-3; Ord. No. 442]
The provisions of this section shall not apply to:
a. The emission of sound for the purpose of alerting persons to the
existence of an emergency.
b. The emission of sound in the performance of emergency work.
c. The use of bells or chimes by houses of worship engaged in religious
activities.
d. Activities of the Borough departments in performance of their duties,
drills or public demonstrations.
e. Activities in public grounds under authority of Borough officials.
f. The playing by a band or orchestra in a hall or building or in the
open air when duly authorized by Borough officials.
[1982 Code § 63-4; Ord. No. 442]
a. Any person wishing to conduct activities which may result in the
creation of noise which may be in violation of the provisions of this
section may make application to the Mayor or his designee for a permit
to conduct such activity in accordance with this subsection.
b. In determining whether such a permit shall be issued, the Mayor or
his designee shall take into account the following factors:
1. The character of the neighborhood in which the activity is to be
conducted and its zoning.
2. The time of day the activities are to be conducted.
3. The type of activities or conduct which will create the contemplated
noise.
4. If the noise will result from the activities of a business, whether
that noise is an expected and usual noise made by the conducting of
that business.
5. The nature, intensity and duration of the contemplated noise and
whether it will be annoying, irritating or frustrating to persons
who would reasonably be expected to hear it.
6. Whether the contemplated noise would violate a particular section
of this chapter.
7. Such other factors as may rightly be expected to be taken into account
in reviewing such applications.
[1982 Code § 58-1]
It is hereby declared and found that litter carelessly deposited
in the Borough is the cause of civic disgrace; that litter is a health,
fire and safety hazard and pollutant; that an all-out litter-control
campaign can result in substantial savings to taxpayers of the Borough;
and that litter is a matter affecting the public interest and consequently
should be subject to supervision and administrative control for the
purpose of safeguarding the public health, safety and general welfare
of the people of the Borough.
[1982 Code § 58-2]
As used in this section, the following terms shall have the
meanings indicated:
BOROUGH
Shall mean the Borough of Frenchtown in the County of Hunterdon.
COMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copy of any matter of literature
which:
a.
Advertises for sale any merchandise, product, commodity or thing.
b.
Directs attention to any business or mercantile or commercial
establishment or other activity for the purpose of either directly
or indirectly promoting the interest thereof by sales.
c.
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged
for the purpose of private gain or profit.
d.
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
COMMERCIAL PLACE
Shall mean any store or building or group thereof wherein
mercantile activities and services are offered to the public, and
includes all parking areas thereat.
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean garbage, refuse and rubbish, as defined herein,
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare or creates unsightliness.
NEWSPAPER
Shall mean any newspaper of general circulation, as defined
by law; any newspaper duly entered with the Post Office Department
of the United States in accordance with Federal statute or regulation;
and any newspaper filed and recorded with any recording officer approved
as by law. In addition thereto, such term shall mean and include any
periodical or current magazine regularly published with not less than
four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copy of any
matter of literature not included in the aforesaid definitions of
a "commercial handbill" and "newspaper," except literature of a civil,
charitable, religious or municipal organization after first obtaining
permission of Council.
PARK
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Borough owned or used by the
Borough and devoted to active or passive recreation.
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 includes any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways, and any and all public parks, squares, spaces,
grounds and buildings.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as yard clippings, leaves,
wood, glass, bedding, crockery 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.
[1982 Code § 58-3]
No person shall deposit or throw litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or private receptacles for collection.
[1982 Code § 58-4]
Persons placing litter in public receptacles or in private receptacles
shall do so in such a manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or other public
place or upon private property.
[1982 Code § 58-5]
No person shall sweep or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any
building or litter from any public sidewalk or driveway.
[1982 Code § 58-6]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or public place within the Borough
or upon private property.
[1982 Code § 58-7]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Borough, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place any mud, dirt, sticky substances, litter or foreign matter
of any kind.
[1982 Code § 58-8]
No person shall throw or deposit litter in any park or playground
within the Borough, except in public receptacles and in such a manner
that the litter shall be prevented from being carried or deposited
by the elements upon any part of the park or playground or upon any
street or other public place. Where public receptacles are not provided,
all such litter shall be carried away from the park or playground
by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
[1982 Code § 58-9]
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 Borough.
[1982 Code §§ 58-10 — 58-13]
a. In Public Places. No person shall throw or deposit any commercial
or noncommercial handbills in or upon any sidewalk, street or other
public place within the Borough.
b. On Vehicles. 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.
c. On Vacant Private Premises. 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.
d. On Inhabited Private Premises.
1. No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises.
2. Exemption for Mail and Newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States or
of newspapers, as defined herein, except that newspapers shall be
placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street or other public
place or upon private property.
[1982 Code § 58-14]
No person shall throw or deposit litter on any occupied private
property or commercial place within the Borough, whether owned by
such person or not, except that the owner or person in control of
such private property or commercial place may maintain authorized
private receptacles for collection in such manner that litter will
be prevented from being carried or deposited by the elements upon
any street or other public place carried or upon any private property.
[1982 Code § 58-15]
Each owner or person in control of any commercial place shall
keep that place, parking areas and other open areas which are a part
of such commercial place free from litter.
[1982 Code § 58-16]
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
[1982 Code § 58-17]
a. Notice to Remove. The Borough is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the Borough, or the agent of such owner, to properly dispose of litter
located on such owner's property, which is dangerous to public
health, safety or welfare. Such notice shall be by certified mail
addressed to the owner at his last known address.
b. Action upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of written notice provided for in Subsection
a above, the owner shall be cited for the violation in accordance with the provisions of this section, and, in addition, the Borough may perform or cause to be performed such work as is necessary to remove and dispose of the litter on the property. The costs of such work may be assessed against the property and collected as provided by law.
[1982 Code § 90-1]
This section is adopted for the preservation of the public health,
welfare and safety in that old or deteriorating vehicles, machinery
and other junk are not merely unsightly, but are attractive to young
children who may be injured when playing in such neighborhood, and
also breed disease, become infested with vermin and trapping foul
water, and its is the objective of this chapter to remove the cause
of such effects.
[1982 Code § 90-2]
As used in this section:
AUTOMOTIVE JUNK
As included in the word "junk" which is defined below, shall
mean and include all automobiles, motorcycles, trucks, motor vehicles,
tractors and apparatus propelled by other than muscular power and
capable of transporting passengers or merchandise.
GARAGE
Shall mean any building in which a motor vehicle is or may
be stored.
JUNK
Shall mean any apparatus or device, of whatever material,
or any part or parts thereof, which may be discarded or placed out
of doors without protective covering. Any such apparatus or device
placed on the land or property of another person without the consent
and permission of the owner of such land or property shall be deemed
"discarded junk."
PUBLIC LANDS
Shall mean all property devoted to public use, including
those whereon public buildings are erected and all streets, roads
or highways, however designated.
[1982 Code § 90-3]
a. Nothing contained in this section shall limit, prevent or restrict
the municipality or its servants, representatives or employees in
collecting, storing or disposing of junk.
b. Any holder of a junkyard license issued by the Borough in accordance
with the ordinances of the Borough regulating and licensing a junkyard
shall not be affected by this section.
[1982 Code § 90-4]
a. This section shall not apply to materials stored within any building,
including a building used for or in connection with a junk business
or with the business of storing junk.
b. Nothing contained in this section shall mean or be construed as a
right or privilege to make use of any land or building contrary to
Chapter 33, Zoning.
c. Nothing contained in this section shall be construed to be contrary
to the Motor Vehicle Junk Law (N.J.S.A. 39:11-1 et seq.), but no consent
or approval of any motor vehicle junk business or motor vehicle junkyard
is hereby made or intended.
[1982 Code § 90-5]
Any motor vehicle parked or placed on public or private lands
and not within a garage shall be deemed "automotive junk," if the
same is not currently registered or does not bear proper registration
plates or tags, whether the motor vehicle is licensed or unlicensed.
[1982 Code § 90-6]
a. Permission Required. No person shall park, deposit, discard or place
any junk or any automotive junk on the lands of another without the
express permission of the owner of such lands, and then only as is
required by this section.
b. Owner's Land. No person shall park, deposit, discard or place
any junk or any automotive junk on any lands owned or occupied by
him, except only in accordance with the requirements of this section.
[1982 Code § 90-7]
a. The Police shall take possession of any abandoned motor vehicle.
b. Upon the taking possession of an abandoned motor vehicle for the
Borough of Frenchtown as the public agency, the Chief of Police shall
cause immediate report thereof to be made to the Director of the Division
of Motor Vehicles and, as provided by statute (N.J.S.A. 39:10A-1 et
seq.), cause notice and advertisement of sale of the motor vehicle
to be made and otherwise perform the statutory requirements.
c. Upon the owner or person entitled to possession of an abandoned motor
vehicle reclaiming possession thereof, such owner or other person
shall pay all reasonable costs of removal and storage and any fine
and court costs incurred in connection with such taking possession
in order to be entitled to recover such motor vehicle.
d. If the motor vehicle is not claimed by the owner or other person
entitled thereto or if the costs of removal and storage and fine and
court costs, if any, remain unpaid, the Chief of Police shall cause
the motor vehicle to be sold or disposed of as provided by statute
(N.J.S.A. 40:10A-1 et seq.).
[1982 Code § 90-8]
a. Removal. Upon any junk or automotive junk being found abandoned in
a public place, the Chief of Police shall cause the same to be removed
and disposed of and, upon the owner or person responsible for abandoning
such junk being ascertained, cause proper prosecution of this section
to be instituted.
b. Notice. Upon any junk or automotive junk being found abandoned on
any private lands, the Chief of Police shall cause notice thereof
to be given to the owner and the occupant of such lands. If the owner
or occupant disclaim ownership thereof, the Chief of Police shall
cause such junk or automotive junk to be removed and disposed of,
but, if it is ascertained that the owner or occupant is the owner
of such junk or automotive junk or responsible for the abandonment
thereof, then the Chief of Police shall initiate legal proceedings
against such owner or occupant for violation of this section and also
for recovery of any cost and expense incurred in the removal and disposal
of such junk or automotive junk.
c. Prosecution. Upon ascertaining the name of the owner of any junk
or automotive junk that has been removed or removed and disposed of
or of the person responsible for the abandonment thereof, the Chief
of Police shall cause prosecution of the owner or other person for
violation of this section and also for the expense and costs of the
removal and disposal of such junk or automotive junk.
d. Recovery of Costs. Upon the name of the owner of such junk or automotive
junk or of the person responsible for the abandonment thereof being
ascertained before removal thereof where the abandonment is on private
lands, by whomever owned, such owner or other person shall be notified
in writing that a violation of this section exists and that such junk
or automotive junk must be removed within 10 days by such owner or
other person and that, in default thereof, such owner or other person
will be guilty of a violation of this section, subject to prosecution
therefor and that the junk or automotive junk will be removed by the
municipality and the cost and expense of the removal and disposal
thereof will be charged to such owner or other person, unless removed
and disposed of according to law. Upon failure of such owner or other
person to comply with such notice, the Chief of Police shall cause
prosecution to be instituted against such owner or other person for
violation of this section and for recovery of the costs and expenses
incurred in removing and disposing of such junk or automotive junk.
[1982 Code § 38-1]
BICYCLE
Shall mean every device propelled by human power, upon which
any person may ride, having two tandem wheels, either of which is
over 20 inches in diameter.
[1982 Code § 38-2]
No person who resides within the Borough of Frenchtown shall
ride or propel a bicycle, nor shall any owner of a bicycle who resides
within the Borough permit the use thereof, upon any street or public
pathway or road unless such bicycle has first been licensed and a
license plate is attached thereto as provided herein.
[1982 Code § 38-3]
Application for a bicycle license and license plate shall be
made by the owner thereof upon a form provided by the Borough and
shall be made to the Chief of Police.
[1982 Code § 38-4]
a. Authorization. The Chief of Police, upon being satisfied as to the
truth of the matters set forth in the application and that the bicycle
is in safe mechanical condition, is authorized to issue a bicycle
license and license plate in the form and manner prescribed by the
Borough Council, which shall be effective until the next succeeding
April 1.
b. Records. The Chief of Police shall keep a record of the number of
each license, the date issued, the name of the person to whom issued
and such further information as may be necessary to identify the bicycle.
[1982 Code § 38-5]
a. Plate Attachment. The license plate issued as herein provided shall
at all times be firmly attached to the rear of the bicycle for which
it was issued and be in such position as to be plainly visible from
the rear.
b. Removal. No person shall remove a license plate from a bicycle during
the period for which it was issued, except upon the transfer of ownership
or in the event that the bicycle is dismantled and no longer operated
upon any street in this Borough.
[1982 Code § 38-6]
Upon the sale or transfer of a licensed bicycle, the licensee
shall remove the license plate and shall either surrender the same
to the Chief of Police or may, upon proper application, have the plat
assigned to another bicycle owned by such licensee.
[1982 Code § 38-7]
Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on a dry, level, clean
pavement.
[1982 Code § 38-8]
Every bicycle when in use at nighttime shall be equipped with
a lamp on the front which shall emit a white light visible from a
distance of at least 500 feet to the front and with a lamp on the
rear which shall emit a red light visible from a distance of at least
500 feet to the rear. In addition to the red lamp, a red reflector
may be mounted on the rear, of a type approved by the Division, which
shall be visible from all distances from 50 feet to 300 feet to the
rear when directly in front of lawful upper beams of headlamps on
a motor vehicle.
[1982 Code § 38-9]
A person propelling or riding on a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto,
nor shall be ride with his feet removed from the pedals or with both
hands removed from the handlebars, nor shall be practice any trick
or fancy riding in a street. No bicycle shall be used to carry more
persons at one time than the number for which it is designed and equipped.
[1982 Code § 38-10]
No person riding upon any bicycle, coaster, skates, sled or
toy vehicle shall attach the same or himself to any streetcar or vehicle
upon a roadway, and no operator of any streetcar or vehicle shall
knowingly allow any person riding upon any bicycle, coaster, skates,
sled or toy vehicle to attach the same or himself to the streetcar
or vehicle.
[1982 Code § 38-11]
Every person riding a bicycle upon a roadway shall be granted
all of the rights and shall be subject to all of the duties applicable
to the driver of a vehicle by N.J.S.A. 39:4 and all supplements thereto,
except as to those provisions thereof which by their nature can have
no application. Regulations applicable to bicycles shall apply whenever
a bicycle is operated upon any highway or upon any path set aside
for the exclusive use of bicycles subject to those exceptions stated
herein.
[1982 Code § 38-12]
a. Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
b. Persons riding bicycles upon a roadway shall ride in single file
except on paths or parts of roadways set aside for the exclusive use
of bicycles.
c. Wherever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use the
roadway.
[1982 Code § 38-13]
The operator of a bicycle emerging from an alley or driveway
shall, upon approaching a sidewalk or the sidewalk area extending
across any alleyway, yield the right-of-way to all pedestrians approaching
on the sidewalk area and, upon entering the street, shall yield the
right-of-way to all vehicles approaching on the street.
[1982 Code § 38-14]
No person shall park a bicycle upon a street other than against
a building or at the curb in such manner as to afford the least obstruction
to pedestrian traffic.
[1982 Code § 38-15]
No operator of a bicycle shall enter or cross a through street
so designated and marked unless he first brings his bicycle to a complete
stop before entering the nearest crosswalk or stop line.
[1982 Code § 38-16]
No person shall ride a bicycle upon any sidewalk within the
Borough.
[1982 Code § 60-1; Ord. No. 516 § 60-1]
As used in this chapter:
LOITERING
Shall mean remaining idle in essentially one location, and
shall include the concepts of spending time idly, loafing or walking
about aimlessly, and shall include the colloquial expression, "hanging
around."
PARENT OR GUARDIAN
Shall mean any adult person having care or custody of a minor,
whether by reason of blood relationship, Court order or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access, and
shall include any street, highway, road, alley or sidewalk. It shall
also include the front or the neighborhood of any store, shop, restaurant,
tavern or other place or business and public grounds, areas and parks,
as well as parking lots or vacant private property not owned by or
under the control of the person charged with violating this chapter
or, in the case of a minor, not under the control of his parent or
guardian.
[1982 Code § 60-2; Ord. No. 516 § 60-2]
No person shall loiter in a public place in such a manner so
as to:
a. Create or cause to be created a danger or breach of the peace.
b. Create or cause to be created any disturbance or annoyance to any
person.
c. Obstruct the free passage of pedestrians or vehicles.
d. Obstruct, molest, or interfere with any person lawfully in a public
place as defined above. Obstruction, molestation or interference shall
include the making of unsolicited remarks of an offensive, disgusting
or insulting nature or which are calculated to annoy or disturb the
person to, or in whose hearing they are made.
[1982 Code § 60-3; Ord. No. 516 § 60-3]
Any person violating the provisions of this section shall be ordered to move on or cease the offending conduct enumerated in Subsection
3-5.2 by a Police Officer, or a Municipal Officer of the Borough of Frenchtown, including but not limited to the Mayor, Borough Council persons, Borough Clerk, Code Enforcement Officials, or Zoning Enforcement Officer. The person failing to heed and follow such order or direction shall be guilty of a violation of this section.
[Ord. No. 516 § 60-4]
a. No parent or guardian of a minor under the age of 18 years shall
knowingly permit the minor to loiter in violation of this section.
b. Whenever any minor under the age of 18 years is adjudicated to be
in violation of this section, his parent or guardian shall be notified
of this fact by the Chief of Police or any other person designated
by him to give such notice.
c. If at any time within 30 days following the giving of notice as provided in Subsection
b of this subsection, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian and such violation by the minor shall then be considered also a violation of this section by that minor's parent or guardian to whom notice was given.
[1982 Code § 60-4; Ord. No. 516 § 60-5; New]
Any person who violates any provision of this chapter shall, upon conviction, be liable to the penalty stated in Chapter
1, §
1-5. If both a minor and the minor's parent or guardian are convicted of a violation of this chapter, they shall be required to perform community service together.
[Ord. No. 491 § 61-1;
New]
a. Whenever the Council shall determine the need for a curfew for juveniles,
the Borough Council may be resolution declare a curfew in the Borough
for a period of not more than 90 days and for such hours and under
such conditions as prescribed by the Council.
b. At any time during the period a curfew has been established under
this chapter, the Council may review the situation and may declare
that the curfew in the Borough be suspended.
[Ord. No. 491 § 61-2;
New]
a. Whenever a curfew is established within the Borough pursuant to this
section, it shall be unlawful thereafter for any minor under the age
of 18 years to loiter, idle, wander, stroll, play, roam or remain
upon the public streets, highways, roads, sidewalks, playgrounds,
public buildings, places of amusement or entertainment or places of
business to which the public is invited and all public or quasi-public
places, either on foot or in a vehicle, within the Borough during
the times designated by the Council.
b. The provisions of this section shall not apply to a minor.
1. When the minor is accompanied by a parent or guardian or other adult
having the care and custody of the minor.
2. Where the minor is upon an emergency errand or legitimate business
directed by the minor's parent or guardian.
3. When work time of the minor who is gainfully employed overlaps the
curfew hours.
4. When the minor is in attendance at a function sponsored by a religious
or educational organization.
5. When the minor is an attendant as a bona fide student at an evening
school of instruction.
6. When the minor is in attendance at a supervised civic or private
recreational function.
7. When the minor shall, as a result of the above exceptions, be traveling
within the Borough after the prescribed hour to or from the minor's
residence or the above excepted activity.
[Ord. No. 491 § 61-3;
New]
Whenever a curfew shall be established within the Borough pursuant
to this section, it shall be unlawful for any parent or guardian of
a minor to allow such minor to be on any public street or in any public
place in violation of this section and the curfew established hereunder.
[Ord. No. 491 § 61-4;
New]
If any minor should be apprehended for violating the provisions
of this section, the Police Department of the Borough shall notify
the parents, guardian, or other adult having care and custody of the
minor of such arrest.
[Ord. No. 491 § 61-5;
New]
The provisions of this section and any resolutions of the Borough
Council passed pursuant to this chapter shall be posted in such public
or quasi-public places as may be designated by the Borough Council
in order that the public may be constantly informed of the existence
of this section and any resolutions passed hereunder. This provision
shall not be interpreted to require proof of actual notice or knowledge
of this section or any resolution passed pursuant to this section
in order to have a conviction for violation of any provision of this
section.
[Ord. No. 491 § 61-6;
New]
Any person who violates any provision of this section shall, upon conviction, be required to perform community service and may be subject to a fine as stated in Chapter
1, §
1-5. If both a minor and the minor's parent or guardian are convicted of a violation of this section, they shall be required to perform community service together.
[1982 Code § 34-7]
a. Opened Containers on Person. No individual shall carry on his person
an open alcoholic beverage in its original container or any alcoholic
beverage in any other container on the streets, sidewalks or any other
unlicensed area of the Borough.
b. Open Containers in Vehicles. No individual shall carry an open alcoholic
beverage in its original container or any alcoholic beverage in any
other container in any motor vehicle while the motor vehicle is on
the streets, parking area or any other unlicensed area of the Borough
of Frenchtown.
[1982 Code § 34-8]
The provisions of Subsection
3-7.1 shall not apply to any residential owner, lessor or guest of an owner or lessor of property carrying an open alcoholic beverage in its original container or any other container while that person is on the premises owned or leased by such person.
[Ord. No. 636, § 1]
No person shall unintentionally issue, pass or give a check
or a draft on their account without sufficient funds being present
in the said payor's account to satisfy the demand and payment
thereof as of the date set forth on the check or draft.
[Ord. No. 636, § 2]
Any person, firm, corporation, or other entity, violating any
of the provisions hereof shall:
a. Make full restitution of the amount of the check or draft to the
payee, plus any bank charges incurred by the payee due to insufficient
funds being in the violator's account;
b. Be subject to one or more of the following penalties: a fine not
exceeding $1,250; or a period of community service not exceeding 90
days; or a jail term not exceeding 90 days; in the discretion of the
Municipal Court.
[Ord. No. 668 § 1]
a. No
person under the age of 19 shall use cigarettes or other tobacco products
within or upon any public place in the Borough of Frenchtown.
b. Definitions.
PUBLIC PLACE OR AREA
Shall mean any place or area to which the public is invited
or upon which the public is permitted, including, but not limited
to, any sidewalk, street, or any other right-of-way, park, playground,
and any other property owned by the Borough, any mall or shopping
center, and any school property. Public place or area shall not include
the interior of an automobile unless it is parked.
TOBACCO PRODUCTS
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling or other personal use, including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
c. Posting
of Notice. The Public Works Department or his designee is authorized
to post adequate notice of the juvenile smoking prohibition in conspicuous
places near the entrances to the Borough of Frenchtown.
d. Violations
and Penalties. Any person violating or failing to comply with any
provision of this section shall, upon conviction thereof for first
offense, be punished by a fine of not more than $50, or by community
service of not more than two days; for second offense within the same
calendar year, be a fine of not more than $100, or by community service
of not more than five days; for a third offense within the same calendar
year, by a fine of not less than $200, or by community service of
not less than 10 days, or any combination of fine, imprisonment or
community service determined in the discretion of the Court.
[Added 8-3-2016 by Ord. No. 772]
a. A person who is arrested for a violation of the provisions of N.J.S.A.
39:4-50 shall be held in protective custody at an appropriate police
or other facility where the arrestee's condition may be monitored
until the arrestee is no longer a danger to himself or others, which
is defined as when the arrestee's blood alcohol is less than
0.05% and the arrestee is no longer under the influence of any intoxicating
liquor or narcotic or hallucinogenic or habit-forming drug to the
extent that the arrestee's facilities are impaired. The officer
or other person holding the arrestee shall release the arrestee from
protective custody when the arrestee no longer is a danger to himself
or others. In no event shall the arrestee be held in protective custody
for a period of longer than eight hours without providing the arrestee
an appropriate hearing.
b. Notwithstanding the provisions of Subsection
a, provided that it is not a detriment to the public safety, the officer or other person holding the arrestee may, because of the age, health or safety of the arrestee, release the arrestee pursuant to the provisions of Subsection
d, or provide an appropriate alternative to protective custody. The Borough of Frenchtown shall not be subject to liability if a person is released from custody pursuant to the provisions of this section.
c. For the purposes of this section, an "appropriate facility" shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time as the arrestee is no longer a danger to himself or others as defined in Subsection
a.
d. Whenever a person is summoned by or on behalf of a person who has
been arrested for a violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a
in order to transport or accompany the arrestee from the premises
of the officer or other person holding an arrestee, the officer or
other person shall provide that person with a written statement advising
him of his potential criminal and civil liability for permitting or
facilitating the arrestee's operation of a motor vehicle while
the arrestee remains intoxicated. The person to whom the statement
is issued shall acknowledge, in writing, receipt of the statement,
or the officer or other person holding the arrestee shall record the
fact that the written statement was provided, but the person refused
to sign an acknowledgment.
e. Nothing in this section shall impose any obligation on a physician
or other health care provider involved in the treatment or evaluation
of the arrestee.
a. Whenever a person has been arrested for a violation of N.J.S.A. 39:4-50
or N.J.S.A. 39:4-50.4a, the Borough of Frenchtown Police Department
shall impound the vehicle that the person was operating at the time
of arrest.
b. A vehicle impounded pursuant to this section shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release in Subsection
d.
c. A vehicle impounded pursuant to this section may be released to a
person other than the arrestee prior to the end of the impoundment
period only if:
1. The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in Subsection
d; or
2. The vehicle is owned or leased by the arrestee, the arrestee gives permission to another person, who has acknowledged in writing receipt of the statement required in N.J.S.A. 39:4-50.22(1) to operate the vehicle and the conditions for release in Subsection
d are met.
d. A vehicle impounded pursuant to this section shall not be released
unless the person claiming the vehicle:
1. Presents a valid operator's license, proof of ownership or lawful
authority to operate the motor vehicle, and proof of valid motor vehicle
insurance for that vehicle;
2. Is able to operate the vehicle in a safe maruler and would not be
in violation of Title 39 of the Revised Statutes; and
3. Meets any other conditions for release established by the Borough
of Frenchtown Police Department.