[1978 Code § 3-4.1]
It is hereby found and declared that:
a.
The occurrence of loud noises in the Township constitutes a detriment
to public health, comfort, safety, and welfare of the residents of
Sparta;
b.
As a matter of legislative determination and public policy, the provisions,
regulations, and prohibitions of this section are in pursuance of
and for the purpose of securing and promoting the public health, comfort,
convenience, safety and welfare and the peace and quiet of the Township
and its inhabitants.
[1978 Code § 3-4.2]
As used in this section, all acoustical words and terms shall
have the meanings set forth in the publication of the United States
of America Standards Institute, New York, New York, entitled "Acoustical
Terminology," USASI SI. 1-1960; all equipment used in making acoustical
measurements shall meet or exceed the requirements set forth in the
publication of the Institute entitled "Specification for General Purpose
Sound Level Meters," USASI SI. 4-1961 and all such measurements so
made shall be made in full accordance with the methods and procedures
set forth in USASI S1. 2-1962 entitled "Methods for the Physical Measurement
of Sound."
[1978 Code § 3-4.3]
a.
b.
A noise measured or registered from a vehicle within Township limits
at a distance of at least 25 feet from the noise source located within
the public right-of-way shall not exceed 88 decibels (dBA) on the
A weighing scale.
[1978 Code § 3-4.4; Ord. No. 06-06 § 1]
a.
Unless exempted under the provisions of this section, no person shall
cause to be made, directly or indirectly, any loud noise which disturbs,
injures, or endangers the health, comfort, safety, or welfare of others
within the Township.
b.
The following specific acts are declared to be loud, disturbing and
unnecessary noises in violation of this section, but this enumeration
shall not be deemed to be exclusive:
1.
Horns, Signaling Devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus, truck, or other vehicle
on any street, or public place, except as a warning pursuant to the
provisions of N.J.S.A. 39:3-69; whistle or other device operated by
engine exhaust; and the use of any such signaling device when traffic
is for any reason held up.
2.
Radio and Television Sets, Phonographs, etc. The use of radio or
television receiving sets, 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 the neighboring
inhabitants or at any time with volume louder than is necessary for
convenient hearing for the persons who are in the room or vehicle
in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument phonograph,
machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of 50 feet from
the building, structure, or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
3.
Loud Speakers, Amplifiers for Advertising. The use of any radio,
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising.
5.
Exhausts. The discharge into the open air of the exhaust of any internal
combustion engine except through an adequate muffler or other device
which will effectively prevent loud or explosive noises therefrom.
This includes by way of example and not by way of limitation, internal
combustion engines power mowing motor vehicles, lawnmowers and chain
saws.
6.
Loading and Unloading. The creation of a loud and excessive noise
in connection with loading and unloading any vehicle or the opening
or destruction of bales, boxes, crates and containers.
7.
Construction or Repairing of Buildings. The excavation, grading,
paving, erection, demolition, alteration or repair of any premises,
street, building or structure at any time on Sundays or legal holidays,
or other than between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays
or between the hours of 7:00 a.m. and 6:00 p.m. on all other days.
Exceptions are granted only when permission is obtained in advance
from the proper authority. The Township Manager grants permission
Monday through Friday. On Saturday, Sunday and holidays permission
is granted by the Sparta Police Department.
The provisions of this subsection shall not apply to interior
or exterior repairs or to the interior alterations, the work for which
is actually performed by a homeowner or occupant, personally, between
the hours of 9:00 a.m. and 6:00 p.m. upon residential premises that
are owned by such homeowner or occupied by such occupant, provided
the work is done without undue noise or disturbance of the peace and
quiet of the neighborhood.
8.
Blowers, Fans, Pumps. The use of any blower, fan or pump or engine
or motor in connection therewith, including by way of example and
not by way of limitation, air conditioning systems, compression devices,
and pool filter systems, if such use creates loud, penetrating, or
continuous noises that disturb the comfort or repose of persons residing
in the vicinity.
9.
Schools, Courts, Churches, Hospitals. The creation of any excessive
noise adjacent to any school, institution of learning, house of worship,
or judicial court while the same are in use, or adjacent to any hospital
which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed on the adjacent streets indicating
that the same is a school, hospital, church or court street.
10.
Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and
venders which disturbs the peace and quiet of the neighborhood.
11.
Drums, Bells, and the Like. The use of any drum, bell, horn, loudspeaker
or other instrument or device for the purpose of attracting attention
to any performance, show, or sale, or display of merchandise by any
creation of noise or sound.
12.
Mobile Loudspeakers. The use of mechanical loudspeakers or amplifiers
on vehicles or aircraft for commercial advertising purposes.
13.
Yelling, Shouting, and the Like. Yelling, shouting, hooting, whistling
or singing on the public streets at any time or place so as to annoy
or disturb 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.
If any person who is not exempted under the provisions of this section shall cause to be made any of the noises prohibited under this section, and if the noises shall be proven to be in violation of the sound levels prescribed under subsection 3-1.3, the proof shall be sufficient to prove a violation under this section.
[1978 Code § 3-4.5]
a.
The prohibitions contained in this section shall not apply to persons:
1.
Who are engaged in the performance of any public or governmental
function such as the sounding of a church or school bell, or a police,
fire, ambulance, air raid, or like disaster warning, alert, or alarm,
whether such alarm be for an actual emergency purpose or for practice
or drilling purposes;
2.
Who are engaged in a religious, charitable, recreational, civic,
or political activity by means of a sound truck or other amplifying
device, for nonprofit purposes, provided that such persons shall have
first filed with the Township Council an application for a permit
setting forth the sponsorship, date, hours, and routes of such activity
and the Council shall have issued a permit after having ascertained
that such activity is not in conflict of hours, route, traffic volume
and like factors, with any other previously scheduled activity;
3.
Who are engaged in any activity specifically permitted or required
by any ordinance, resolution, Statute, or governmental regulation.
[1978 Code § 17-7.1; Ord. No. 613 § 1]
As used in this section:
Shall mean a litter storage and collection receptacle provided
by the owner or occupier of private premises for his or her own use.
Shall mean a place where gasoline, oil and services for automobiles
and other motor vehicles are sold either at wholesale or retail prices.
Shall mean and include putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption
of food.
Shall mean garbage, refuse and rubbish as defined in this
section and all other waste material which if thrown, deposited or
stored as prohibited in this section, tends to create a danger to
public health, safety and welfare.
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, ground, walk, driveway, porch, steps
or vestibules belonging or appurtenant to such dwelling, house, building
or other structure.
Shall mean any street, sidewalk, alley or other public way
and any and all public parks, squares, spaces, grounds and buildings.
Shall mean any structure or building owned or operated by
the Federal, County or State government or any governmental agency.
Shall mean all putrescible solid wastes (except body wastes)
including garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, dismantled automobiles and parts thereof, scrap
metal, junk, machinery and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transferred or drawn upon a highway, including
devices used exclusively on stationary rails or tracks.
[1978 Code § 17-7.2; Ord. No. 613 § 2]
No person shall throw or deposit litter in or upon any street,
road, sidewalk or other public place within the Township, except in
public receptacles or authorized private receptacles for collection.
[1978 Code § 17-7.3; Ord. No. 613 § 3]
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,
road, alley or other public place or upon private property.
[1978 Code § 17-7.4; Ord. No. 613 § 4]
No person shall sweep into or deposit in any gutter, street
or public place within the Township the accumulation of litter from
any building or lawn or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep any sidewalk in front
of their premises free of litter.
[1978 Code § 17-7.5; Ord. No. 613 § 5]
No person shall throw or deposit litter in any fountain, pond,
lake, stream or any other body of water within the Township.
[1978 Code § 17-7.6; Ord. No. 613 § 6]
No person shall throw or deposit litter on any private premises
within the Township whether owned by such person or not, except that
the owner or person or persons in control of private premises may
maintain authorized private receptacle for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk, or other public place or upon
any private property.
[1978 Code § 17-7.7; Ord. No. 613 § 7]
No person shall bring, cart, remove, transport or collect any
litter from outside the Township and bring it into the Township for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter in the Township shall be parked or allowed to remain
standing on any street in the Township or on any public or private
property.
[1978 Code § 17-7.8; Ord. No. 613 § 8]
Advertisements, handbills, circulars and papers may be distributed
in the Township only if they are securely placed at each dwelling,
or handed to such person willing to accept them, so that they will
not be scattered or carried about by the elements; otherwise no person
shall place any advertisement, handbill, circular or paper on or in
any public street, sidewalk, utility poles, trees, building or vehicle
within the Township.
[1978 Code § 17-7.9; Ord. No. 613 § 9]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[1978 Code § 17-7.10; Ord. No.
613 § 10]
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 litter, waste materials or rubbish, but such person
shall keep the sidewalk in front of his business premises free of
litter. All persons operating filling stations or other mercantile
establishments where commodities are sold between any curb area of
the Township and the office building or equipment from which such
commodities are dispensed shall maintain at all times receptacles
into which all waste materials and rubbish may be deposited by customers,
employees or other persons.
[1978 Code § 17-7.11; Ord. No.
613 § 11]
No person shall tamper with or take or remove any of the contents
from any public or private receptacle containing garbage, refuse,
rubbish, junk or any other waste material which has been placed or
deposited along any public highway, street, land or alleyway for collection
by the Township or any of its agents or servants and any person who
violates the purpose and intent of this section shall be subject to
the penalties set forth herein.
[1978 Code § 17-7.12; Ord. No.
613 § 12]
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, alley 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 or deposit in any street, alley or other public
place any mud, dirt, sticky substance or foreign matter of any kind.
[1978 Code § 17-7.13; Ord. No.
613 § 13; repealed 9-22-2020 by Ord. No. 2020-11]
Editor's Note: Ord. No. 2020-11 repealed prior Subsection 3-2.13
containing provisions regarding Throwing Litter From Vehicles.
[1978 Code § 17-7.14; Ord. No.
613 § 14]
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill or any other object.
[1978 Code § 17-7.15; Ord. No.
613 § 15; Ord. No. 07-14 § VII]
a.
Notice to Remove. The Director of Community Development of the Township
is authorized and empowered to notify the owner of any open or vacant
private property, or the tenant or agent or such owner to dispose
properly of litter located on such owner's property which is dangerous
to public health, safety or welfare. Notice shall be by registered
or certified mail, return receipt requested, addressed to the owner
or his agent or tenant at his last known address or served personally
upon the owner, tenant or agent.
b.
Action upon Noncompliance. Upon failure, neglect or refusal of any
owner, tenant or agent so notified, to dispose properly of the litter
within 10 days after receipt of written notice specified in paragraph
a above, or within 10 days after the date of such notice in the event
it is returned to the Township by the Post Office Department because
of inability to make delivery thereof, provided the notice was properly
addressed to the last known address of the owner, tenant or agent,
the Health Officer or his duly designated agent is authorized and
empowered to dispose of such litter, and the cost thereof shall be
certified to the Township Council.
c.
Action by Township Council. If the Township Council, after examining
the certificate finds the cost to be correct, it shall cause the cost
to be charged against the land as set forth in N.J.S.A. 40:48-2.14.
Such charge shall become a lien upon such lands 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 taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
[1978 Code § 17-7.16; Ord. No.
613 § 16; Ord. No. 07-14 § VII]
The provisions of this section shall be administered and enforced
by licensed inspectors of the Sussex County Health Department and
all members of the Police Department and the officials are specifically
charged with the duty to enforce this section, and, to that end, to
make and sign complaints for violations in the Municipal Court of
the Township.
[1978 Code § 17-7.17; Ord. No.
613 § 17; New]
[1978 Code § 3-9.1]
No person shall consume or offer to another for consumption
alcoholic beverages in, on or upon any public street, alley, sidewalk,
park, playground or in, on or upon any land or building owned or occupied
by any Federal, State, County or municipal government.
[1978 Code § 3-9.2]
No person shall consume alcoholic beverages or offer to another
for consumption any alcoholic beverage in, on or upon any place to
which the public at large is invited, provided, however, that nothing
herein shall be construed to prohibit the consumption or sale of alcoholic
beverages within the licensed premises of a plenary retail consumption
liquor licensee.
[1978 Code § 3-9.3]
No person shall have in his possession or possess an alcoholic
beverage in, on or upon any public street, road, alley, sidewalk,
park, playground or in, on or upon any land or building owned or occupied
by any Federal, State, County or municipal government unless the same
is contained within a closed or sealed container.
[1978 Code § 3-9.4]
No person shall have in his possession or possess an alcoholic
beverage in, on or upon any place to which the public at large is
invited unless the same is contained within a closed or sealed container,
provided, however, that nothing herein shall be construed to prohibit
the possession of alcoholic beverages within the licensed premises
of a plenary retail consumption liquor licensee.
[1978 Code § 3-9.5; Ord. No. 646]
Notwithstanding the provisions contained in subsections 3-4.1, 3-4.2, 3-4.3 and 3-4.4, a special permit may be issued by the Police Department of the Township for the possession and consumption of alcoholic beverages at a family picnic within the Sparta Glen. Any other special permit for the possession and consumption of alcoholic beverages at a picnic, in a park or glen, at a specific event, or observance or other activity sponsored by an individual, a group, non-profit corporation or organizations or corporation or organization for profit, may be issued by the Township Council upon application duly made to the Municipal Clerk.
[1978 Code § 3-7.1]
The Township Council hereby declares that frequently when juvenile
parties are held without adult supervision, problems involving: possible
consumption of alcoholic beverages by minors; obstruction of roads
by parked vehicles; and loud and unnecessary noises disturbing neighbors,
may be involved.
[1978 Code § 3-7.2]
As used in this section:
Shall mean a social gathering in a private residence of persons
under the age of 21 years where more than 10 such persons are present.
Shall mean a partner or legally appointed guardian of one
of the persons attending the party or any person over age 25 designated
by a parent or guardian owning or residing in the house where the
party is held.
[1978 Code § 3-7.3]
No person shall hold or attend a party unless a responsible
adult is present on the premises at all times during the time when
such party is in progress.
[1978 Code § 3-7.4]
No owner, tenant or other occupant of a private residence shall
permit the use of his premises for such a party unless a responsible
adult is present as required hereby.
[1978 Code § 3-7.5]
Nothing herein shall be construed to apply to parties held in
public or semi-public places or to parties held under the sponsorship
of churches or other bona fide charitable, civic, educational or religious
organizations.
[Ord. No. 04-16]
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any person related by blood or affinity.
[Ord. No. 04-16]
The consumption or possession of alcoholic beverages of any
type on private property by a person who is under the legal age and
without legal authority is prohibited.
[Ord. No. 04-16]
a.
The provisions of this section shall not apply to an underage person
who consumes or possesses an alcoholic beverage in connection with
a religious observance, ceremony, rite, or consumes or possesses 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.
b.
The provisions of this section shall not apply to 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 vocations school or post secondary
educational institution.
1.
This section shall not be construed to preclude the imposition of
a penalty under section R.S. 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. 04-16]
a.
Any person who shall violate any section of this ordinance shall
be subject to a fine of $250 for the first offense, and $350 for any
subsequent offense.
b.
The court may, in addition to the fine, 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 Motor Vehicle
Commission 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 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 Commission 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 day
of the license suspension period imposed by the court.
The court shall also 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, that person shall
be subject to the penalties set forth in R.S. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission 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 Commission shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
[1978 Code § 3-11.1]
No person shall disobey a lawful command by the Chief of Police,
or any Police Officer, or any member of the Police Department, or
any special Police Officer or School Crossing Guard while acting in
the discharge of his/her duty as such Officer or Guard.
[1978 Code § 3-11.2]
No person shall resist arrest by the Chief of Police, or any
Police Officer, or any member of the Police Department or Special
Police Officer or any School Crossing Guard, while such Officer or
Guard is acting in the discharge of his/her duty.
[1978 Code § 3-11.3]
No person shall attempt to escape arrest nor shall any person
assist any person under arrest, to escape or attempt to escape from
such custody.
[1978 Code § 3-11.4]
For the purposes of this section, the Chief of Police, or any
Police Officer, or any member of the Police Department or any special
Police Officer, whether in uniform or not in uniform, shall have the
power of arrest, however, the person under arrest may request identification
if such officer is not in uniform. Further, for the purposes of this
section all regular full time Police Officers shall be considered
"on duty" on a twenty-four hour basis throughout the year.
[1978 Code § 3-6.1]
As used in this section:
Shall mean an arrangement or understanding with the bank
or depository for the payment of the check, draft or order.
[1978 Code § 3-6.2]
No person shall, either for himself or his agent or representative
of another person, or as an officer or agent of any corporation, or
as a member of a partnership, with intent to defraud, make, draw,
utter, or deliver any check, draft or order for the payment of money
in the sum not in excess of $200 upon any bank or other depository,
knowing at the time of so doing that the maker, or drawer, has no
funds or insufficient funds in or credit with, such bank or other
depository for the payment in full of such instrument upon its presentation
although no express representation is made in reference thereto.
[1978 Code § 3-6.3]
The making, drawing, uttering or delivering of a check, draft or order as stated in subsection 3-11.2 shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds in or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.
[1978 Code § 3-6.4]
When a complaint is filed under the provisions of this section,
the person filing such complaint shall deposit the sum of $25 to cover
court costs with the Clerk of the Municipal Court at the time when
the complaint is made. If the complaint is subsequently withdrawn
by the complainant, or if for any other reason there is no conviction
of the defendant named in the complaint, the sum of $25 shall be retained
to cover the costs of making out the complaint and service of the
same. In the event the defendant is convicted, he shall be required
to pay the costs and in this event the $25 deposit shall be returned
to the complainant.
[Ord. No. 12-21]
The issuing authority for the Township of Sparta responsible
for approving bingo and raffle licenses shall be the Municipal Clerk.
The issuing authority shall approve or deny all applications for bingo
or raffle licenses with due expedition after the filing of the application.
Applications must be filed with the Municipal Clerk, together with
the required fees pursuant to N.J.A.C. 13:47-4.9. The applicant must
demonstrate in writing compliance with the provisions of all applicable
laws and regulations.
[1]
Editor's Note: Former subsection 3-13.1, Organizations Exempt
from Township Licensing Fees was repealed in its entirety by Ordinance
No. 12-21.
[1978 Code § 3-10.1, 3-10.2, 3-10.3; Ord. No. 900]
a.
The "Raffles Licensing Law," L. 1954, C.5. and the "Bingo Licensing
Law," L. 1954, C.6, have been duly adopted by the Legislature and
the Township Council, in accordance with the provisions of these Acts,
have licensed or may license various charitable, religious and volunteer
organizations to conduct raffles and bingo in the Township and each
of the Statutes (N.J.S.A. 5:8-31 and 5:8-58) provide that games of
bingo and raffles known as games of chance shall not be conducted
on Sunday unless the municipality adopts an ordinance authorizing
the conduct of such games on the first day of the week. There have
been requests by religious and other eligible organizations to conduct
these games on the first day of the week.
b.
Games of chance commonly known as bingo and raffles, as provided by the laws of the State of New Jersey, 1954, Chapters 5 and 6, may be conducted in the Township on the first day of the week commonly known and designated as Sunday, provided the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned Statutes of the State of New Jersey and the Rules and Regulations of the Legalized Games of Chance Control Commission and, specifically, providing that the organization conducting fire company or first aid organization, or other type of organization specifically qualifying under the provisions of the aforementioned Statutes.
c.
Compliance with Ordinances and Laws Required. The Township Council
or the persons duly authorized by the Township Council shall be permitted
to issue a license for the holding, operating and conducting of games
of chance on the first day of the week commonly known as Sunday. The
requirements for the issuance of the license and for the manner of
holding, operating or conducting such games of chance shall meet all
the requirements of any Federal, State, County or municipal Statutes,
ordinances or regulations.
[1978 Code § 3-2.1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly loafing or walking
about aimlessly. Where loitering is prohibited in public places, private
rights-of-way, or any public or quasi-public grounds, parks or buildings.
[1978 Code § 3-2.2]
No person shall loiter in the places mentioned in such manner
as to:
a.
Create or cause to be created a danger to the breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort or repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any such place as defined in subsection 3-15.1. The conduct prohibited shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy, disturb or frighten the person to, or in whose hearing, they are made.
[1978 Code § 3-2.3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any place as defined in subsection 3-15.1 is causing or is likely to cause any of the conditions enumerated in subsection 3-15.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave or having left, shall immediately return to the place after being ordered to leave by a Police Officer, shall be guilty of a violation of this section.
[1978 Code § 3-2.4]
a.
No parent, guardian or other adult having the care or custody of
any minor under the age of 18 years, shall knowingly permit such minor
to violate the provisions of this section.
b.
Whenever any minor under the age of 18 years is apprehended for violating
any portion of this section, the Chief of Police or his designated
representative shall notify the parents, guardian or other person
having custody of such minor of such apprehension.
c.
If it be established that any minor under the age of 18 years committed
a violation of any of the provisions of this section between the hours
of 10:00 p.m. and 6:00 a.m. of the following day, then it shall be
presumed, in the absence of proof to the contrary, that the parent,
guardian or other adult person having the care or custody of such
minor knowingly permitted such minor to do so.
d.
If it be established that the parent, guardian or other adult person
having the care or custody of any minor under the age of 18 years
who was duly notified pursuant to paragraph b above that such minor
was apprehended for a violation of this section and if it be further
established that such minor subsequently committed a violation of
any of the provisions of this section, then it shall be presumed,
in absence of proof to the contrary, that such parent, guardian or
adult person knowingly permitted such subsequent violation.
[Ord. No. 960]
In accordance with N.J.S.A. 2C:35-5 of the New Jersey Statutes
the Township Engineer has prepared maps which identify the areas in
or within 500 feet of Township parks and in or within 500 feet of
a public library, said maps being dated April 23, 1998 and including
therein a facilities list that identifies the areas as follows:
a.
Sparta Glen (Block 7, Lot 57) - Sheet 1.
b.
Station Park (Block 19, Lot 39) - Sheet 1.
c.
White Lake Beach and Camp Sacajawea (Block 19, Lots 46 and 47) -
Sheet 1.
d.
White Lake Athletic fields (Block 31, Lots 5 and 6) - Sheet 1.
e.
Edison Park (Block 1, Lot 3.01) - Sheet 2.
f.
Tyler Park (Block 155, Lots 37 and 38) - Sheet 2.
g.
Sparta Library/Ungerman Field/Dykstra Concert Park/Mini Park (Block
39.01, Lots 4 — 6, 13 and 15) - Sheet 2.
[Ord. No. 960]
The above areas are the official findings and record of the
locations and boundaries of the areas to be covered by the terms of
the statute, a copy of which is on file in the offices of the Township
Clerk, Township Engineer, Police Department and the Sussex County
Prosecutor's Office.
[Ord. No. 12-08 § 2]
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco or any other matter
than can be smoked.
[Ord. No. 12-08 § 3]
No person shall engage in smoking or the use of tobacco or tobacco-related
products and/or discarding of those products, in any area designed
as "tobacco-free" and/or beyond any point which is otherwise marked
as "no smoking beyond this point" or similar language, or on any Township-owned,
leased or utilized property open to the public or to which the public
is invited, including, but not limited to, the Municipal Building
and its grounds, the Department of Public Works Building and its grounds
and all public parks, trails and any other public recreational facility
or area.
Any person violating any provision of this section shall, upon
conviction, be subject to the following penalties:
