[Ord. 5/6/46, S 12; New;
Ord. #94-09, § 1]
No person shall throw or deposit litter in or upon any street, sidewalk, mall, park, body of water or other public place within the Township except in public receptacles and authorized private receptacles. No person owning or occupying private property in the Township shall sweep into or deposit in any gutter, street, park or other public place litter from any building or property. The disposal of junk and nonrecyclable materials in or upon any street, sidewalk, mall, park, body of water or other public place within the Township, except at the public works facility as set forth in Subsection 3-1.8 of this chapter, is prohibited.
[Ord. 5/6/46, S 12; New]
a.
No person shall throw or deposit litter on any 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 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.
b.
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
receptacles for collection.
[Ord. 5/6/46, S 12; New]
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 or upon private property.
[Ord. 5/6/46; New]
It shall be unlawful for any person to tamper with or to 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,
lane or alleyway for collection by the Township, any of its agents,
or private scavengers.
[Ord. 5/6/46, S 12; New]
Persons owning or occupying property within the Township shall
keep the sidewalk and/or gutter in front of their premises free of
litter.
[Ord. 5/6/46, SS 12-13;
New; Ord. #90-8, S 1]
a.
No person, while a driver or passenger in a vehicle ("vehicle" as
used herein shall include: automobiles, trucks, buses, aircraft, watercraft
or any other means of conveyance, whether in motion or not) shall
throw or deposit litter upon any street, body of water or other public
place within the Township or upon private property.
b.
There shall be a rebuttable presumption that the owner of the vehicle,
if present in the vehicle, or, in his absence, the driver of the vehicle,
is presumed to be responsible for any violation of this section, if:
[Ord. 5/6/46, S 12; New]
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, contents or litter from being blown or deposited
upon any street, alley, mall 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,
mall or other public place, mud, dirt, debris, litter or foreign matter
of any kind.
[Ord. #94-09, S 3; Ord. #2002-09, S 1; Ord. #07-12, S 1]
The following waste disposal regulations are established at
the public works facility:
a.
Purpose. The public works facility shall be open to Bedminster Township
residents who have registered and acquired permits from the Township
for the purpose of the disposal of acceptable bulky and vegetative
waste at the times designated by the Township.
b.
ACCEPTABLE BULKY WASTE
ACCEPTABLE VEGETATIVE WASTE
TOWNSHIP RESIDENT
UNACCEPTABLE BULKY WASTE
UNACCEPTABLE VEGETATIVE WASTE
VISIT
Definitions. As used in this Subsection 3-1.8, the following terms shall have the following meanings:
Shall be defined as all junk and non-recyclable materials,
such as furniture, toys, carpeting, padding, mattresses, bedding,
household appliances, passenger vehicle tires without rims, latex
paint if dried in cans, and construction materials, fencing, wood,
wire or PVC.
Shall include tree parts (no milled lumber) not exceeding
six (6') feet in length and six (6") inches in diameter, and leaves
(bags shall be removed at the time of disposal).
Shall mean any owner of residential property, or tenant in
possession of residential property, located in the Township of Bedminster,
who utilizes such property as his primary residence. An owner or tenant
of residential property in Bedminster who does not primarily reside
at such property does not qualify as a Township resident for the purposes
of this subsection. An owner or tenant of commercial property does
not qualify as a Township resident for the purposes of this subsection.
Shall be defined as all recyclable materials (such as cardboard,
newspapers, glass, aluminum, plastic, catalogs, magazines, phone books,
etc.); all hazardous materials (such as oil base paint, fluorescent
tubes, gasoline, kerosene, diesel fuel, etc.); pesticides; household
garbage and food items; contractor industrial or business materials;
propane tanks; chemicals; auto products (such as antifreeze, transmission
fluid, brake fluid, car batteries, and used oil filters); truck and
tractor tires; tires with rims; appliances with refrigerant (such
as air conditioners, refrigerators, and freezers, unless such appliances
are appropriately "tagged" by an authorized appliance technician verifying
the refrigerant has been removed).
Shall include grass clippings, tree or bush stumps and roots,
hay, and firewood.
Shall mean each time a Township resident enters the public
works facility with one vehicle or one permitted trailer load of acceptable
bulky waste.
c.
Use of the Facility. A Township resident who has registered and acquired
permits from the Township is permitted to use the public works facility
to dispose of acceptable bulky and vegetative waste. No unacceptable
bulky or vegetative waste may be disposed at the facility. No Township
resident is permitted to utilize the facility for commercial uses.
d.
Permit Required. Any Township resident desiring to use the public
works facility to dispose of acceptable bulky and vegetative waste
shall first register and obtain a permit from the Township. Township
residents may register and obtain a permit by submitting a completed
permit application, in advance, to the Township, along with an acceptable
proof of residency, copies of the resident's vehicle's registration(s),
and payment of an application fee, if required.
1.
Permit applications shall be available upon request from the Township.
2.
Acceptable means of proof of residency in Bedminster Township includes
a form of identification that displays the applicant's name and physical
address in Bedminster Township, such as driver's license, property
tax bill, sewer tax bill, or voter registration card. No post office
box addresses shall be accepted.
3.
Motor vehicles utilized by Township residents for access to the facility
shall be registered with the Township by submitting a copy of the
vehicle's registration. Township residents may register up to two
vehicles and one single-axle open trailer per residential address,
per permit. Only Township registered vehicles shall be permitted into
the public works facility for the purpose of disposing of acceptable
bulky and vegetative waste.
4.
Upon receipt of a completed registration, the Township resident will
receive a permit. Permits are effective for one year from the date
of issuance. Only one permit will be issued per household. Permits
are nontransferable.
5.
Each permit will allow the Township resident a set number of visits
to the facility.
6.
The number of visits to the facility permitted in conjunction with
each permit issued, and the cost per permit, if any, shall be established
by annual resolution of the Township Committee of the Township of
Bedminster.
e.
Rules and Regulations. All Township residents must follow and obey
the rules and regulations governing the application for a permit,
hours of operation, and use of the public works facility for the disposal
of acceptable bulky and vegetative waste as set forth herein and adopted
by the Township Committee of the Township of Bedminster by resolution.
f.
Facility Usage.
1.
Access to the Facility. Upon arrival at the public works facility,
Township residents shall present their permit to the Township representative
before entry. Only registered users and vehicles shall be permitted
to enter the facility. Proper identification for verification of the
Township resident's identity may be required by the Township representative.
All vehicles are subject to inspection of their contents by a Township
representative.
2.
Disposal of Waste. The Township representative shall direct the Township
resident to the proper disposal area. All acceptable bulky waste shall
be deposited by the Township resident in the dumpster(s) identified
by the Township representative. All acceptable vegetative waste shall
be deposited by the Township resident at the area designated for acceptable
vegetative waste by the Township representative.
3.
Visits. Each time a Township resident enters the public works facility
with one vehicle load of acceptable bulky waste shall be considered
one visit. Disposal of acceptable vegetative waste only shall not
be considered a visit.
4.
Denial of Access. The Township representative shall have the discretion
and authority to stop any individual from using the facility at any
time, at his discretion, for one or more of the following reasons:
(a)
Individual seeking to enter or use the facility does not have
a valid permit;
(b)
Permit issued by the Township has expired;
(c)
Number of permitted visits has been exceeded;
(d)
Vehicle is not registered;
(e)
Vehicle contains unacceptable bulky or vegetative waste; or
(f)
Any other violation of this subsection or the rules and regulations
adopted hereunder.
g.
Violations and Penalties.
1.
Any individual violating any provision of this subsection or the rules and regulations adopted hereunder, upon conviction thereof, shall be subject to a revocation or nonissuance of the permit, in addition to the penalties set forth in § 1-5.
2.
The Township Police Department and the Township Public Works Department
shall be charged with the responsibility of enforcing the provisions
of this subsection.
h.
Effective Date. This subsection shall take effect upon its adoption
and publication according to law.[1] All permits issued prior to the effective date of this
subsection shall remain active under the terms herein, including the
permissible number of visits, which shall expire on December 31, 2007.
[Ord. #88-3, S 1; Ord. #94-09, S 2]
This section shall be enforced by the Zoning Officer, police,
health officer, construction official or fire inspector.
[Ord. #88-3, S 2; Ord. #94-09, S 2]
[Ord. #2010-014, S 1]
This section requires dumpsters and other refuse containers
that are outdoors or exposed to stormwater to be covered at all times
and prohibits the spilling, dumping, leaking, or otherwise discharge
of liquids, semi-liquids or solids from the containers to the municipal
separate storm sewer system(s) operated by the Township of Bedminster
and/or the waters of the state so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. #2010-014, S 1]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Bedminster Township or other public body, and is designed
and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the state of New Jersey or subject to its
jurisdiction.
[Ord. #2010-014, S 1]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container or dumpster must ensure that such container or dumpster
is covered at all times and shall prevent refuse from spilling out
or overflowing.
b.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Bedminster.
[Ord. #2010-014, S 1]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. #2010-014, S 1]
This section shall be enforced by the Township's contractual
health agency.
[Ord. #2010-014, S 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a penalty in accordance with § 1-5 of the Revised Ordinances of the Township of Bedminster. Each day in which a violation exists shall be considered to be a separate offense.
[Ord. 8/2/43, S 1; New]
The owner or occupant of private property within the Township
where brush, debris, obnoxious growths, litter, garbage, rubbish or
refuse threatens the health, safety and general welfare of the residents
and businesses of the Township shall cause same to be removed and
properly disposed of within 10 calendar days of receiving written
notice from the health officer, fire inspector, police, construction
official or Zoning Officer.
[Ord. 8/2/43, S 2; New]
Such notice shall be served in person to the owner, occupant
or agent, or be delivered by first class mail, return receipt requested,
to the last known address of the owner or agent.
[Ord. 8/2/43, S 2; New]
If the owner does not complete the removal of the brush, debris,
obnoxious growth, litter, garbage, rubbish or refuse by the end of
the 10 day period, the Township Committee may direct such material
to be removed by agents of the Township.
[Ord. 8/2/43, S 2; New]
Upon the completion of the Township's work on the property in
question the entire cost of the work shall be certified to the Township
Committee. The entire cost of the work shall be billed to the property
owner and certified to the tax collector. If such bill remains unpaid
for 10 days, then the amount of the bill shall constitute a tax lien
which shall accumulate interest, as provided by law, along with costs;
and the same shall be due and collectible as provided by law.
[Ord. #94-09, S 4; Ord. #94-15, S 1]
There shall be no curbside pickup by the Township of junk or nonrecyclable materials. The disposal of any such material shall only be as set forth in Subsection 3-1.8 of this chapter.
[Ord. #94-09, S 5; Ord. #94-15, S 2]
The Township shall, on a biannual basis (once in the spring and once in the fall), conduct a curbside pickup of wood (as such term is defined in Subsection 3-1.8 of this chapter), brush and leaves. Wood and brush shall be picked up by the Township within a one week period beginning on the fourth (4th) Monday in April and on the first (1st) Monday in October. All wood and brush must, nonetheless, be placed curbside by the Township resident on the first day of the scheduled pickup since the routing of Township vehicles may vary from time to time. Leaves shall be picked up by the Township beginning on the last Monday in October. The curbside pickup of wood, brush and leaves by the Township within a "qualified private community" (as such term is defined in N.J.S.A. 40:67-23.2) shall be at a central location within such "qualified private community" as coordinated between the designated official of the qualified private community and the supervisor of the department of public works. The disposal of wood, brush and leaves at any other time during the year shall be as set forth in Subsection 3-1.8 of this chapter.
[Ord. 5/20/46, S 17; New]
No person shall ride a horse, mule or other beast of burden
over a street while under the influence of an intoxicating substance.
[1]
Editor's Note: Former Subsection 3-4.2, Resisting an Officer
Performing His Duty, previously codified herein and containing portions
of Ordinance 5/20/46, was repealed in its entirety by Ordinance No.
2003-05.
[Ord. 5/20/46, S 25]
No person shall interfere with, hinder, disturb or obstruct
the proceedings, functions, or deliberations of the Township Committee,
the board of health, the board of education or any other official
body; nor shall any person molest, obstruct, hinder or interfere with
any Township officer or official engaged in the performance of his
duty or knowingly resist or oppose any person authorized by law in
the performance of his duty.
[Ord. 5/20/46, S 26]
No person shall willfully obstruct, molest, hinder, annoy, frighten,
threaten, insult or interfere with any person lawfully upon any private
property, any public thoroughfare or in any public place, or in any
automobile, bus or other public or private conveyance lawfully upon
any public thoroughfare.
[Ord. #79-7, S 1]
a.
Any person, while operating a motor vehicle, motor-cycle, or motorized bicycle, as such terms are defined in N.J.S.A. 39:1-1, within the Township who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring any such vehicle to a full stop, shall be in violation of this section and shall be liable to a penalty as established in Chapter 1, § 1-5.
[Ord. #2000-38, S 1; Ord. #09-026, S 1]
a.
Any person under the legal age, who, without legal authority, knowingly
possesses or knowingly consumes an alcoholic beverage on private property
shall be in violation of this section.
b.
First offenses shall be punishable by a fine of $250 and/or a period
of community service not to exceed 30 days. Subsequent offenses shall
be punishable by a fine of $350 and/or a period of community service
not to exceed 30 days.
c.
The municipal court may, in addition to the monetary 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 municipal 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 municipal
court pursuant to this section. If a person at the time of the imposition
of 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.
The municipal court shall immediately collect the person's valid
New Jersey driver's license at the imposition of sentence and forward
it to the Motor Vehicle Commission with a report. If for any reason
the license cannot be collected, the municipal 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 municipal court. The municipal 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
in writing the receipt of a 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.
If a person convicted under this subsection is not a New Jersey
resident, the municipal court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit a report to the Motor Vehicle Commission. The
municipal court shall not collect the license of a nonresident convicted
under this section. The Motor Vehicle Commission will notify the appropriate
officials in the nonresident's licensing jurisdiction.
d.
This subsection shall 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 legal age to purchase and consume alcoholic
beverages.
e.
This subsection shall 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 New Jersey 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,
this subsection shall not be construed to preclude the imposition
of a penalty under this section, N.J.S.A. 33:1-81, or any other section
of the state law against a person who is convicted of unlawful alcoholic
beverage activity on or at premises licensed for the sale of alcoholic
beverages.
f.
An underage person, and one or two other persons acting in concert,
shall be immune from prosecution under this section prohibiting any
person under the legal age who, without legal authority, knowingly
possesses or knowingly consumes an alcoholic beverage on private property
if:
1.
One of the underage persons called 9-1-1 and reported that another
underage person was in need of medical assistance due to alcohol consumption;
2.
The underage person who called 9-1-1 and, if applicable, one or two
other persons acting in concert with the underage person who called
9-1-1 provided each of their names to the 9-1-1 operator;
3.
The underage person was the first person to make the 9-1-1 report;
and
4.
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 9-1-1 call
remained on the scene with the person under the legal age in need
of medical assistance until assistance arrived and cooperated with
medical assistance and law enforcement personnel on the scene.
[Ord. No. 2004-12, S I]
a.
Purpose. The purpose of this subsection is to authorize the application
and enforcement of N.J.S.A. 40:48-1.3.
b.
Defined term. For purposes of this subsection, the term "detainee"
shall mean any person held in protective custody as a result of violations
of N.J.S.A. 39:4-50.
c.
Detainment. Any person arrested for a violation of the provisions
of N.J.S.A. 39:4-50 shall be held in protective custody and care of
the Township of Bedminster Police at an appropriate location or facility.
Nothing in this subsection shall be construed as requiring the use
of State Police facilities by the Township of Bedminster or the Township
of Bedminster Police Department for purposes of this subsection under
the Act.
d.
Release of detainee. The Township of Bedminster Police Department
shall release a detainee when the detainee is no longer a danger to
himself or others. A detainee is no longer a danger to himself or
others when the detainee's blood alcohol concentration is less than
0.05% as tested by the state approved breath-based instrument for
measuring blood-alcohol levels and the detainee is no longer under
the influence of any intoxicating liquor or narcotic or hallucinogenic
or habit-forming drug to the extent that the detainee's faculties
are impaired. The detainee shall not be held in protective custody
for more than eight hours after the time the detainee is processed
without providing the detainee with an appropriate hearing by the
designated officials to assess the detainee's condition before release.
Notwithstanding the provisions of this subsection, provided that it
is not a detriment to public safety, the arresting law enforcement
agency may, because of the age, health or safety of the detainee,
release the detainee pursuant to N.J.S.A. 39:4-50.22 et seq. or provide
an appropriate alternative to protective custody.
e.
Policies and procedures. The police chief, and/or his designee, of
the Township of Bedminster Police Department, in cooperation with
the New Jersey State Police, is authorized to adopt all necessary
policies and procedures to (1) ensure the safety of a detainee while
in custody; (2) regularly monitor a detainee's blood alcohol content;
(3) regularly assess whether a detainee is under the influence of
any intoxicating liquor, narcotic, hallucinogenic or habit-forming
drug; (4) ensure the detainee is released in accordance with N.J.S.A.
39:4-50.22 et seq.; and (5) provide the detainee with ample opportunity
to contact a relative or guardian. The foregoing list shall not be
deemed an exclusive list of all necessary policies and procedures.
[Ord. 5/20/46, S 22; New]
No person shall make, participate in making or cause to be made,
any offensive or unnecessary noise, causing undue annoyance to, or
disturbing the comfort, rest or repose of any person. This section
shall include, but is not limited to, noise emitted by any machinery,
animals, radio receiving set, phonograph or other sound producing
instrument, device or apparatus.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 84-9, 88-4, 93-30, 96-14, 97-25, 99-31, 2003-18, 2003-32,
2004-01 and 05-26.
[Ord. #07-003, S 2]
As used in this § 3-6, the following terms shall have the meanings indicated:
a.
PARK AND RECREATION AREAS – Shall mean all parks, playgrounds,
recreational facilities, trails, and areas utilized for both active
and passive recreation—excluding any portion officially designated
as a nature preserve or open space easement—under the jurisdiction
of the Township, including, but not limited to, the following:
b.
ACTIVE RECREATION – Shall mean lively play or instruction requiring
equipment by an individual, a league, or a group utilizing areas such
as playing fields and courts, playgrounds, jogging areas, bicycle
paths, horseback riding, designated dog areas, ponds, barbecue areas
and pavilions.
c.
PASSIVE RECREATION – Shall mean activities that are less rigorous
and active than those that constitute active recreation such as hiking
and picnicking.
[Ord. #07-003, S 2]
a.
Hours of Operation. Park and recreation areas shall be open daily to the public from sunrise until sunset, unless otherwise permitted pursuant to Subsection 3-6.2b entitled "Special Hours." No person shall enter or remain in any park or recreation area before sunrise or after sunset.
b.
Special Hours. Individuals or organized groups may apply to the Township Committee for a permit to use a park or recreation area between sunset and sunrise for a specific time and purpose by completing the requisite park and recreation area permit application. The application forms shall be submitted to the recreation department for approval and then forwarded to the Township Clerk at least three weeks prior to the day for which the permit is requested for approval at a regular Township Committee meeting. The Township Committee, or its designee, shall require proof of insurance and certain other conditions, in accordance with Subsection 3-6.7e.
[Ord. #07-003, S 2; Ord. #08-34, S 1]
a.
Purpose. It is the intent and purpose of this subsection to regulate
the conduct of persons using any park or recreation area to protect
all persons and property; to preserve the public health, safety, and
welfare of the inhabitants of the Township; and to provide for the
full and proper use, maintenance and preservation of all such areas.
b.
Green Acres. Park and recreation area use must comply with all municipal
and State of New Jersey Green Acres rules, regulations, and ordinances.
c.
Posting of Rules. Park rules and regulations shall be conspicuously
posted adjacent to the entrance of each park and recreation area.
Such posting shall be deemed adequate notice of these rules and regulations
in accordance with N.J.S.A. 40:61-1.
d.
Violations and Penalties. Any person convicted of violating any provision of this section shall be subject to a fine as established in § 1-5.
e.
Park and Recreation Area Usage Permits. A park and recreation area
usage permit approved by the Recreation Supervisor, or his/her designee,
is required for designated types of active recreation:
1.
Professional instruction for an individual or a group; and
2.
League or group organized play or event of five or more people. For
purposes of this section, the term "organized" shall mean (i) a scheduled
or planned event or play, (ii) with or without a roster of players,
participants and/or members, (iii) officials present consisting of
umpires, referees, judges, or uniformed players/participants.
f.
Seasonal Use. Use of the Township active recreation playing fields is scheduled from April 1 through November 30. Playing fields are closed from December 1 through March 31 for those uses requiring a permit under Subsection 3-6.3e.
g.
Temporary Closure of Recreational Facilities. The Township of Bedminster
Principal Public Works Manager, or designee, shall have the right
to temporarily close any park or recreation area, that in his/her
judgment (i) poses a safety hazard to the public if such recreational
facilities are in need of repair or rehabilitation and/or (ii) may
be damaged by use during certain adverse weather conditions. The principal
public works manager or designee shall erect and post signs as necessary
to alert the public of the temporary closing of any park or recreation
area. Such posting shall be deemed adequate notice of area closings
and supersedes any permit previously granted to use the area during
the dates of the closing. The principal public works manager, or designee,
shall notify the State of New Jersey, Department of Environmental
Protection, Green Acres Division in writing if temporary closure is
to exceed 30 days as provided for in N.J.A.C. 7:36-20.7(b).
h.
Alcoholic Beverages. No person or group shall bring, possess, sell, buy, give away or consume any alcoholic beverages in any park or recreation area, at any time, except as approved by the Township through the issuance of an alcohol permit pursuant to Subsection 3-6.4c, or otherwise authorized by license issued under Chapter 6 herein, and in accordance with the rules and regulations as set forth by the New Jersey Division of Alcoholic Beverage Control.
i.
Animals.
1.
Running at Large. No person owning or in charge of an animal shall
permit that animal to run at large. For purposes of this section,
"run at large" shall refer to an animal not securely confined by an
adequate leash of not more than six (6') feet long and under the control
of its owner or other responsible person whenever the animal is off
its owner's or custodian's property. An animal shall not run at large
on any public land. This subsection shall not apply to the animals
belonging to the Essex Fox Hounds, the Tewksbury Foot Bassets, or
other such Bedminster-based clubs recognized by the Township.
2.
Dog Waste. Any person owning or in charge of a dog must immediately
remove all dog feces deposited on active recreation areas, dog parks,
and the Hike and Bike trail by placing it in a bag to be sealed and
removed from the area.
3.
Dog Park. All persons who utilize Township dog parks must obey Bedminster
Township Dog Park Rules and Regulations, as adopted by the Township
Committee by resolution. These rules shall be conspicuously posted
at the main dog park entrances.
4.
Horses. Horses are prohibited from all parks and recreation areas,
except in bridle paths or other specific areas designated by the Township
Committee by resolution. In addition to the designated bridle paths,
horses involved with seasonal hunts run by the Essex Hunt Club or
other similar Bedminster-based organizations may cross Township parks
during the event. Damage caused by such events shall be the responsibility
of the event host(s) to repair or reimburse to the Township.
j.
Barbecues and Cooking Fires.
1.
Barbecue permits, pursuant to Subsection 3-6.4b, are required for use of portable grills or the permanent barbecue grills located within the parks and recreation areas intended for that purpose.
2.
Only charcoal shall be used for cooking fires in the permanent barbecue
grills.
3.
No barbecue fire shall be left unattended and all fires shall be
extinguished immediately after use.
k.
Fires. No person shall build a fire in any park or recreation area without an open burning permit for a bonfire approved by the Township Fire Official, as set forth in the Township's Uniform Fire Code, Subsection 10-1.3c.
l.
Firearms. The possession or discharge of any and all firearms, projectiles,
including, but not limited to, arrows; explosive firecrackers; items
functioning as firearms or weapons; devices capable of launching projectiles,
whether or not projectiles are simultaneously possessed; are prohibited
at all times in any park or recreation area.
m.
Hunting/Fishing.
1.
No person shall annoy, harass, hunt, pursue, capture, trap, take,
wound or kill any wildlife in any park or recreation area by any means
including, but not limited to, firearms, long or compound bows, traps,
nets, or snares; with the exception of organized hunts.
2.
Access to fishing areas is permitted via Township parks and recreation
areas.
3.
An adequate fishing license in accordance with rules and regulations
of the New Jersey Division of Fish and Wildlife is required. Fishing
must conform to all state regulations such as seasons, size limits,
etc.
n.
Household Refuse. No person shall transport or dump household refuse
into public receptacles located within any park or recreation area.
o.
Littering. No person shall throw or deposit litter in any park or
recreation area, other than in public litter receptacles.
p.
Motorized Vehicles. The operation of any state-licensed motorized vehicle, including mopeds is restricted to designated park roadways and parking areas. Operation of any motorized vehicle, including snow mobiles and all-terrain vehicles, is prohibited in any Township-owned park, preserved land, or open space with the exception of emergency service and public works maintenance vehicles. Motorized vehicles shall only be parked in areas and spaces clearly and specifically marked with striping and/or signage where such parking is permitted. The speed limit on all park roadways and in all parking areas shall be 15 miles per hour. Any violation under this Subsection 3-6.3p shall be subject to the fines and penalties pursuant to § 1-5 of The Revised General Ordinances of the Township of Bedminster, 1984.
q.
Ponds, Rivers and Streams. Swimming, boating, ice fishing and ice
skating are prohibited in or on any body of water in all Township
park and recreation areas. Exceptions may be made for organized nonprofit
organizations where the purpose of the activity is primarily instructional
upon their completion of a parks and recreation area permit and submitted
to the Township Committee for approval.
r.
Hike and Bike Trails. All persons who utilize Township hike and bike
trails must follow and obey certain rules and regulations set forth
in that certain document known as "Rules of the Road," to be adopted
by the Township Committee by resolution, which shall be conspicuously
posted at the main trail entrances, as determined by the principal
public works manager, or his/her designee.
s.
Consumption of Cannabis and Marijuana. No person shall engage in
the smoking, vaping, or aerosolizing of cannabis and marijuana by
any other means in any park or recreation area in the Township.
[Added 7-19-2021 by Ord.
No. 2021-012]
[Ord. #07-003, S 2; Ord. #08-34, S 2]
a.
Park and Recreation Area Usage Permits.
1.
The purpose of the park and recreation area use permits is to (i)
protect the Township's exposure to liability claims from individuals
or groups, and (ii) ensure proper scheduling of Township facilities.
2.
A park and recreation area use permit shall be approved by the Recreation
Supervisor, or his/her designee, as agent for the Township, and shall
be required for certain active recreation uses in Township parks and
recreation areas, as identified in subsections 3-6.2e1 and 2.
3.
Individuals or organized groups may apply for use of park or recreation areas by completing the parks and recreation area permit application no more than three months in advance of the intended use and by providing proof of insurance in accordance with Subsection 3-6.7e. Upon satisfactory completion of the permit application, the Recreation Supervisor, or his/her designee, will issue a permit allowing use of a park or recreation area for a specified time and purpose.
4.
Permit holders shall be responsible for any and all damage resulting
from their use of the facility.
b.
Single Use Barbecue Permits. The use of portable barbecue grills
in parks and recreation areas is prohibited, except that the Recreation
Supervisor, or his/her designee, may permit the use of portable barbecue
grills to organized groups or organizations as he/she deems appropriate,
for a specific day and period of time, in a specified area. Organized
groups or organizations shall apply for such a permit by completing
the appropriate provisions of the application form.
c.
Alcohol Permits. The possession and consumption of alcoholic beverages
in parks and recreation areas is prohibited, except pursuant to an
alcohol permit issued by the Township.
1.
Alcohol permit procedure.
(a)
A permit may be issued only to a Bedminster Township resident
by the Recreation Supervisor or his/her designee for a specific date
and period of time in a specified area.
(b)
The applicant shall submit an application to the Recreation
Supervisor or his/her designee on the proper forms and provide specified
information: Name of the responsible individual who must be a current
resident of Bedminster Township, nature of the proposed activity,
expected number of participants, time period of the proposed activity
or use, and such other information as is reasonably requested. The
applicant shall also submit a certificate of insurance and an executed
indemnification and hold harmless agreement as set forth herein.
(c)
The Recreation Supervisor, or his/her designee, will inform
the applicant whether or not the application is complete, or if further
information is required.
(d)
The municipal Clerk or his/her designee shall review the application
for conformance with state rules and regulations concerning possession
and consumption of alcohol on public property, and he or she shall
approve or deny said application.
(e)
The certificate of insurance and indemnification and hold harmless
agreement shall be reviewed and approved by the Township risk manager
prior to issuance of an alcohol permit.
(f)
The Recreation Supervisor or his/her designee shall notify the
applicant whether the application is granted or denied. If the alcohol
permit is granted, the Recreation Supervisor or his/her designee may
attach reasonable conditions to the issuance of such a permit. If
an alcohol permit is denied, the Recreation Supervisor or his/her
designee shall state the reasons for the denial in writing.
(g)
A violation of any condition of the permit shall be cause for
immediate revocation of the permit.
(h)
No monetary exchange for any and all alcoholic beverages, including,
but not limited to the alcoholic beverage or container, is allowed
under any alcohol permit issued pursuant to this section.
(i)
The applicant, or other person responsible of the event, shall
have the alcohol permit in his/her possession at all times at the
particular location and during the particular dates and times subject
to the alcohol permit.
(j)
No person under the legal age to purchase alcoholic beverages
shall be permitted to possess or consume any alcoholic beverage, nor
shall any person offer an alcoholic beverage to a person under the
legal age to purchase alcoholic beverages, nor shall any person allow
the consumption of an alcoholic beverage by a person under the legal
age to purchase alcoholic beverages, regardless of the relationship
between such persons, on Township parks and recreation areas under
an alcohol permit.
(k)
Obtaining an alcohol permit under this section shall not relieve
the applicant of the need to obtain additional permits or approvals
as may be required now or in the future by any municipal, county,
state, or federal law.
3.
Insurance requirements.
(a)
Liability of permittee. The individual(s) or group issued the
permit under this section shall be liable for any loss, damage or
injury whatsoever sustained by the negligence of the permittee(s)
or that arise from of the permittee's use of the park and recreation
area. The permittee shall sign and deliver an indemnification and
hold harmless agreement to the Township that shall include the acknowledgment
that alcohol will be served at the event.
(b)
Individual. The insurance requirement for an individual or individuals
who are applying for an alcohol permit at an event not sponsored by
a group or organization shall have evidence of personal homeowner/condo
owner/ renter insurance policy with a liability limit of not less
than $300,000 for each occurrence. This policy shall be in force on
the date of the event and must include host liquor liability that
covers damages and bodily injuries resulting from motor vehicle accidents
sustained by attendees of the event. The name(s) on the insurance
policy or policies must match the name(s) on the permit application.
(c)
Groups or organizations. The insurance requirement for a group
or organization applying for an alcohol permit is a Certificate of
Liability Insurance providing evidence of a Business Liability or
Commercial General Liability and Excess Liability insurance policy(ies)
in effect on the date of the event providing total limit(s) of not
less than three million ($3,000,000.00) dollars for each occurrence.
The insurance policy must name the Township of Bedminster as an additional
insured. The issuance of the alcohol permit, with the location and
date of the event must be clearly identified on the insurance certificate.
The insurance policy must include Host Liquor Liability or Liquor
Liability coverage that covers property damage and bodily injuries
resulting from motor vehicle accidents sustained by attendees of the
event.
[Ord. #07-003, S 2]
a.
Registration Required. No person shall use the skate park in the
Township of Bedminster without first registering with the Township.
Skate park registration can be obtained through the recreation department
upon application and payment of the prescribed fee. Upon acceptance
of the application, the applicant shall be issued a tag/sticker authorizing
his/her ability to use the skate park. Registrations shall expire
annually.
b.
Registration Tag/Sticker to be Exhibited. Any person using the skate
park shall display his/her registration tag/sticker on his/her helmet
at all times.
c.
Rules. All persons who utilize the Township skate park must follow
and obey certain rules and regulations set forth in that certain document
known as Skate Park Area Rules, to be adopted by the Township Committee
by resolution. These rules shall be conspicuously posted adjacent
to the skate park area, as determined by the principal public works
manager, or his/her designee.
d.
Reporting of Damage. Permit holders are obliged to report any observed
damage to park facilities or property, whether accidental or otherwise,
to the Recreation Supervisor or principal public works manager in
a timely manner.
e.
Damage. Permit holders shall be responsible for any and all damage
resulting from their use of the facility.
[Ord. #07-003, S 2]
a.
Purpose. The purpose of charging recreational fees is to help offset
the Township's cost in maintaining their parks and recreation areas.
b.
Fees. The Township Committee will, from time to time, fix fees by
resolution for (1) the use of parks and recreation areas, and (2)
for participation in recreational programs sponsored by the Township.
Township park and recreation area fees are set in accordance with
New Jersey Green Acres rules.
c.
Waiver of Fees. Payment of park and recreation area fees may be waived
at the discretion of the Township Recreation Supervisor or his/her
designee, with consideration given to nonprofit organizations.
d.
Refunds. The refund of park and recreation area fees will be determined
by the Recreation Supervisor, or his/her designee, upon written request
stating an appropriate reason for the refund.
[Ord. #07-003, S 2]
a.
Scheduled Uses. Scheduled use of playing fields and other active
recreation areas shall have priority. The use of these areas shall
be scheduled during the period of April 1st through November 30th.
b.
Green Acres Compliance. Playing fields shall be scheduled in accordance
with N.J.A.C. 7:36-20.7.
c.
Scheduling Preferences. Scheduling preferences shall be allocated
in the following order:
d.
Reservations. An individual, group, family, or corporation may reserve
parks or recreation areas in advance by completing the necessary application
and submitting the applicable fee no earlier than three months in
advance. The registrant shall have the reservation form in his/her
possession at the event to be displayed upon request.
e.
Insurance.
1.
Organizations or organized groups must provide the Township's Recreation
Supervisor with a certificate of liability insurance coverage, naming
Bedminster Township as an "Additional Insured," in the minimum amount
of one million ($1,000,000.00) dollars in general liability coverage,
together with a hold harmless agreement at least 10 days prior to
any intended use of a park or recreation area.
2.
Individuals must provide the Township's Recreation Supervisor with
a certificate of insurance or copy of the policy itself showing not
less than $300,000 in personal liability insurance as provided by
a Homeowners, Tenant Homeowners, or Condominium policy with the individual
shown as an insured.
3.
The organizers of seasonal hunts run by the Essex Hunt Club and the
Tewksbury Foot Bassets or other similar organizations must submit
certificates of insurance and signed hold harmless agreements to the
Township on an annual basis.
f.
No Interference. No person shall refuse access or otherwise interfere
with the use of a park or recreation area by the individual, group,
family or corporation who obtained a permit. Presentation of a valid
use permit shall be the determining factor in resolving any dispute.
The Recreation Supervisor, or his/her designee, may be called upon
to ultimately resolve any and all scheduling conflicts.
[Ord. #07-003, S 2]
a.
The Somerset County Park Commission's (the "SCPC") Rules and Regulations
(the "Rules") governing real property situated in Somerset County
which is under the jurisdiction of the SCPC is hereby adopted by reference
as if fully set forth herein. The rules may hereinafter be amended
by the SCPC from time to time and such amendments are hereby adopted
as if fully set forth herein.
[Ord. #07-003, S 2]
The Bedminster Township Police Department shall have the authority
to enforce any rule or regulation or ordinance established in this
section.
[1]
Editor's Note: Former subsections 3-6A.1, Trespassing; Parking; Obstruction of Private Property, 3-6A.2 Common Area or Facilities Trespass, and 3-6A.4, Peering into Residential Dwellings previously codified herein and containing portions of Ordinance No. 93-28 were repealed in their entirety by Ordinance No. 2003-05. Former § 3A-6.3, Failure to Remove Parked Vehicle was renumbered to be Subsection 3-6A.1 by Ordinance No. 2003-05.
[Ord. #93-28, S 1; Ord. No. 2003-05, S 3]
In the event any person shall fail to remove a motor vehicle
parked upon private property after having been requested to do so
or after public notice forbidding such parking has been posted conspicuously
as aforesaid, or in the event a motor vehicle shall obstruct access
to a private driveway or right-of-way, the owner, tenant, or occupant
of such private property or homeowner's association designated agent
or any police officer may have the motor vehicle removed and impounded.
It shall be the obligation of the owner of the vehicle to pay the
reasonable costs for removal and for any storage which may result
from such removal before the owner shall be entitled to recover the
possession of the vehicle. If the owner of the vehicle refuses to
pay costs or fails to make any claim for the return of the vehicle
within 90 days after such removal, the vehicle may be sold at public
auction in accordance with the provisions of N.J.S.A. 2A:44-20 through
N.J.S.A. 2A:44-31. A private driveway shall include the property extending
from a garage entrance to the traveled portion of the nearest private
roadway.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 93-26.
[Ord. #2000-07, S 1]
This section shall be known as the "Bedminster Township Right
to Farm Ordinance."
[Ord. #2000-07, S 1; Ord. #09-009, S 1]
Farming has existed and has been carried on in the Township
of Bedminster for several hundred years, long before any substantial
residential or non-farm commercial development existed in the Township.
The Township Committee further finds that economic and quality of
living values derived from the beneficial use of land for agricultural
purposes contribute greatly to the general welfare of the Township,
county and state. The Township Committee finds and determines that
owners of agricultural lands and farm operators need a codified policy
regarding farming in Bedminster Township in order to be secure in
committing resources for agricultural land uses.
Residences or non-farm commercial businesses are or may be located
in close proximity to existing home-based agriculture or commercial
farms that may at times create inconveniences or annoyances such as
noise, dust, odors and fumes. Any inconveniences or burdens that may
be caused to other Township residents or visitors by reasonable and/or
customary farming activities are offset by the beneficial use to the
Township of having lands devoted to agricultural purposes. These benefits
include, but are not limited to, the production of food, fiber and
horticultural products, the conservation of top soils and water, the
private maintenance of open space with a stable tax base, the preservation
of the historic scenic agricultural character of the Township, the
enjoyment of equestrian activities, and the sustaining of wildlife
habitat.
[Ord. #2000-07, S 1]
The Bedminster Township Right to Farm Ordinance sets forth Township
policy to protect and to promote the continuation of agricultural
land use within the Township and to prevent farming from being declared
a nuisance when it is practiced according to best management farming
methods. It shall not be construed as a zoning or land use ordinance
and shall not supersede any rights and privileges arising from such
ordinances. This ordinance also provides a process for clarifying
issues and mediating disputes involving agricultural land use activities
within the Township so as to encourage desirable agricultural land
use and resolve conflicts arising from agricultural land use activities.
An additional purpose of this ordinance is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near agricultural operations of the inherent potential discomforts
associated with the purchase or use of property adjacent to or near
agricultural operations. It is intended that, through mandatory disclosures,
purchasers and users will better understand the impacts of living
near agricultural operations and be prepared to accept attendant conditions
as the natural result of living in or near land actively devoted to
commercial agriculture or in an agricultural development area.
[Ord. #2000-07, S 1; Ord. #2000-25, S 1]
Shall mean the production, primarily for sale to others,
of plants and/or animals or their products, including forage and sod
crops, grain and feed crops, dairy animals and dairy products, livestock
including beef cattle, game birds, sheep, horses, ponies, mules and
goats; the breeding and grazing of such animals; honey bees and apiary
products, fruits of all kinds, including grapes, nuts and berries,
vegetables, nursery floral, ornamental and greenhouse products and
the boarding and/or training of farm livestock for others.
Shall mean any land and improvements under one management
of which five acres or more of productive lands, within the Township
of Bedminster, exclusive of a minimum of one acre if a residential
dwelling unit is included on the property, are in a single parcel
used for cropland, pasture, idle or fallow land, woodland, wetlands,
farm ponds, farm roads, fences, farm buildings and other enclosures
actively devoted to the production of agricultural/horticultural crops
and/or the management of agricultural livestock.
Shall mean the production, primarily for home use or consumption,
of plants and/or animals or their products, honey bees or their products,
and the marketing to others where such sales are incidental, including,
gardening, fruit production, and poultry and livestock products for
household use only.
Shall mean any person or entity that manages a home-based
or commercial farm as defined herein. The management unit can be a
Township farm owner, operator or other person who manages a farm within
the Township.
[Ord. #2000-7, S 1; Ord. #2000-25, S 2]
Any Township farm owner/operator engaged in home-based agriculture
or commercial agriculture qualifies for the protections and applications
of this ordinance if the management unit is actively devoted to farming
and if the owner/operator uses best management practices of agricultural
production, and if such owner/operator is in compliance with all relevant
zoning and land use ordinances and other applicable laws.
Specifically, the farm owner or operator shall be entitled to
protection under this section if the farm owner or operator engages
in activities including:
a.
The planting, cultivation, and harvesting of agricultural, horticultural,
and forestry products;
b.
The application of organic and inorganic fertilizers, the application
of chemicals as herbicides and pesticides, in accordance with manufacturer's
instructions and regulatory requirements, and the application of farm
manure and degradable farm wastes to the land to replenish and enhance
soil nutrients;
c.
Caring for, handling, marketing and transporting farm livestock including,
but not limited to, cattle, sheep, horses, poultry and game birds,
and engaging in animal husbandry practices including, but not limited
to, horse shoeing, shearing, training activities, reasonable and/or
customary health or surgical procedures and euthanizing;
d.
The grazing of any farm livestock including breeding stock of both
sexes together, provided that adequate natural or artificial protection
from the elements is provided based on best management practices for
the species;
e.
The construction of permanent and temporary fences, including electrified
fences properly grounded, for the containment of livestock and the
exclusion of predators and pests;
f.
The use and operation of plows, irrigation pumps, machines, saws,
motors, aerial and ground seeding and spraying equipment, tractors,
tools and other devices;
g.
Activities related to the processing and marketing of agricultural
produce, provided that at least 80% of the produce originates from
a farm within the Township;
h.
The employment of full or part time laborers and the hiring of contractors
for the completion of activities indigenous to the operation of the
farm;
i.
The control of vermin, predators, and pests, provided such control
is practiced in compliance with applicable fish and game laws and
applicable health and safety regulations;
j.
The operation and transport of all sizes of slow moving farm tractors,
trucks, equipment, and livestock over roads within the Township so
long as the activity is in compliance with applicable road use regulations;
k.
The removal of trees and brush to maintain or enlarge grazing and
cropping areas so long as the activity is in compliance with local
ordinances and other applicable laws;
l.
The grading, filling, and tile drainage of non-wetland areas as well
as application of other soil and water conservation practices and
the development of wells, springs and lakes for livestock water, fire
protection and irrigation so long as they are in compliance with applicable
regulations;
m.
The planting, nurturing, and harvesting of trees and shrubs for timber
and other farm and horticultural uses provided that these activities
are in compliance with existing local ordinances and zoning codes,
and covered by an approved forestry management plan;
n.
The construction of farm buildings and structures required by the
farm's operation so long as they conform to building code standards
and local development ordinances.
[Ord. #2000-07, S 1]
a.
All complaints concerning the activities protected hereunder shall
be in writing and forwarded to the Township Committee. The Township
Committee shall refer the complaint to its duly appointed Open-Space
Farmland Preservation Committee for mediation.
b.
Upon referral of such a complaint by the Township Committee, and
within 21 days thereafter, the Open-Space Farmland Preservation Committee
shall invite the parties to discuss the nature of the complaint and
shall recommend a solution, which shall take into consideration the
interests of all parties. The recommendation of the Open-Space Farmland
Preservation Committee shall be non-binding and shall not abridge
the right of either party to take legal action or to pursue any remedy
provided for in the general ordinances of the Township, state regulations
or state law. The Open-Space Farmland Preservation Committee shall
issue a written report of its recommendations and reasons therefor
to the Township Committee within 14 days from the date thereof. The
Township Committee shall either accept, modify, or remand the matter
to the Open-Space Farmland Preservation Committee for further hearing
within 28 days from its receipt of the Open-Space Farmland Preservation
Committee's written report. If either party is dissatisfied with the
decision of the Open-Space Farmland Preservation Committee, he or
she may pursue other remedies as provided under applicable law.
c.
The members of the Open-Space Farmland Preservation Committee shall
serve without compensation, and shall not be held liable for any errors
in fact or judgment expressed in its findings regarding matters referred
to it by the Township Committee.
[Ord. #2000-07, § 1; Ord. #09-028, S 10]
The land use board shall require any application for an adjacent
site plan or an adjacent major or minor subdivision to include in
the application the following provision:
"Applicant hereby acknowledges NOTICE that there are presently,
or may in the future be, agricultural land uses adjacent or in close
proximity to the within described premises and that from such uses
there may arise or emanate noise, odors, dust, and fumes associated
with agricultural practices permitted under the Bedminster Township
Right to Farm Ordinance. Applicant hereby waives objection to such
activities."
A copy of the Bedminster Township Right to Farm Ordinance shall
be made available to the land use board acting as board of adjustment,
Somerset/Hunterdon County Board of Realtors and to all realtors doing
business in the Township upon their request.
[Ord. #88-3, S 3]
Unless otherwise specified, Chapter 3 shall be enforced by the Bedminster Township Police.
[Ord. #93-26, S 1]
Shall be defined as, and include, all sales entitled "sidewalk
sales", "bargain sales", or any other occasional sales conducted wholly
or partly outdoors by any merchant or other business from or at a
place of business which is located in a zone district which allows
retail sales businesses or any other sale or display conducted by
a manufacturer, dealer or vendor, either wholly or partially outdoors
which sale or display would be conducted from a premises zoned to
allow retail sales businesses.
[Ord. #93-26, S 1]
Temporary commercial displays or outdoor sales shall be permitted
in all business/commercial zones within the Township as limited hereby.
[Ord. #93-26, S 1]
Goods and merchandise is meant to include any goods or merchandise
or other property capable of being the object of a display or sale
regulated hereby.
[Ord. #93-26, S 1; Ord. #2002-15, S 1]
Temporary commercial displays and/or outdoor sales shall be
allowed within the Township on the third Friday, Saturday and Sunday
in May and on the fourth Friday, Saturday and Sunday in September.
In the event of inclement weather, such dates will be the fourth Friday,
Saturday and Sunday in May and the first Friday, Saturday and Sunday
in October.
The said displays and sales shall be restricted to the hours
of 9:00 a.m. to 6:00 p.m., prevailing time, exclusive of set-up or
take-down time. All display appurtenances, goods and merchandise shall
be removed from the location of the sale or display not later than
8:00 p.m. on the day of the activity.
[Ord. #93-26, S 1]
a.
Goods and merchandise may be displayed and sold only upon a sidewalk
or lawn or patio area immediately in front of the business establishment
selling same and in such a manner as to permit the free flow of pedestrian
traffic on said sidewalk or other area. An exception to the above
locational requirement may be made by the Bedminster Township Zoning
Officer, on an individual basis, if, in his opinion, such display
and sale can be conducted more appropriately in a different location.
If such decision is made by the Bedminster Township Zoning Officer,
he will establish specific locational requirements for the sale and
display.
b.
Goods and merchandise shall be of the same type and quality as that
ordinarily maintained and sold by the business establishment conducting
said display and sale.
c.
Goods and merchandise shall be displayed in such manner as to permit sales to pedestrians on sidewalk areas or lawn or patio areas. Sales shall not be conducted or made to pedestrians walking or standing in streets, roads, parking locations or other areas where motor vehicles ordinarily travel unless the Bedminster Township Zoning Officer has made an exception pursuant to Subsection 3-9.5a above, in which case sales and displays will be conducted and made in the locations established by the said Zoning Officer.
d.
No advertising signs, located at the location of the activity, larger
than twelve (12") inches by twenty-four (24") inches (to a limit of
two) shall be utilized in the conducting of the aforesaid displays
and sales. Flags, banners and like devices will not be utilized. Off-site
advertising signs shall not be permitted.
e.
The use of sound amplification systems, bells, music, auctioneers
or the conducting of theatrical shows, circuses, carnivals, rides
and other amusements shall not be permitted in conjunction with the
conducting of the aforesaid displays and sales.
f.
The location of booths and other merchandise displays along sidewalks
or in lawn or patio areas shall be subject to approval by a designated
member of the Police Department of the Township of Bedminster and
the Fire Prevention Official of the Township of Bedminster. Any party
failing to comply with a written directive from either of said agencies
shall be deemed to be in violation of this section.
g.
All trash resulting from the temporary commercial display and/or
outdoor sale shall be containerized and removed from the location
of the same when the activity is completed.
h.
All displayers or sellers hereunder shall own or lease the permanent
premises adjoining the outdoor display or sale.
i.
The displayer or seller shall be responsible for maintenance of good
order and decorum on the premises during the hours of the sale or
activity.
[Ord. #93-26, S 1]
This section shall be enforced by the Township Zoning Officer.
It shall be the duty of the Township Zoning Officer to investigate
violations of this section coming to his or her attention. The Township
Zoning Officer shall also have the right to inspect all displays and
sales while they are being conducted for violations of this section.
[Ord. #93-26, S 1]
Any person or other entity that violates or who fails or refuses
to comply with any portion of this section shall be subject to a penalty
of up to and including $300 for each day the said violation exists.
[Ord. #97-10, S 1]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the receipt of library materials from the Clarence
Dillon Public Library by means of or by charging the same to a library
card pursuant to procedures as established by the library requiring
the return of said library material within a specified period of time.
Shall be the Clarence Dillon Public Library established and
funded by the Township of Bedminster and the Borough of Far Hills
pursuant to the terms of that certain Joint Library Agreement and
pursuant to the statutes of the State of New Jersey.
Shall mean any books, written materials, phonograph records,
video cassettes, other audiovisual materials and any other materials
provided by the Library for borrowing by its patrons, including materials
provided pursuant to reciprocal and interlibrary loan programs.
[Ord. #97-10, S 1]
The Board of Trustees of the Clarence Dillon Public Library
shall adopt and post in a conspicuous place in the Library reasonable
rules, regulations and procedures governing the borrowing of library
materials which may be available for borrowing to the public and concerning
such other matters as deemed necessary and appropriate by the Board
of Trustees.
[Ord. #97-10, S 1]
No person shall cut, tear, deface, disfigure, damage or destroy
any library materials or other property borrowed from, owned by or
in the custody of the Clarence Dillon Public Library.
[Ord. #97-10, S 1]
No person shall remove from the Library any materials or other
property owned by or in the custody of the Library, unless such person
shall have complied with the applicable rules, regulations and procedures
of the Library governing the borrowing of such library materials.
[Ord. #97-10, S 1]
No person shall detain or fail to return any library materials
borrowed from the Clarence Dillon Public Library after 30 days have
elapsed from the date of posting by certified mail, return receipt
requested and by regular mail, of a notice demanding return thereof,
addressed to said person at the last address furnished to the Library.
Compliance with the requirements of this section shall be in addition
to the requirements of any library regulations governing fines for
the late return of borrowed library materials.
[Ord. #97-10, S 1]
No person shall register or furnish a false name or address
to obtain a library card or use without the owner's permission any
library card other than the one issued to said person for the purpose
of borrowing library materials from the Clarence Dillon Public Library.
[Ord. #97-10, S 1]
The provisions of this chapter shall be enforced by the Director
of the Clarence Dillon Public Library or such other person as may,
from time to time, be designated by the Board of Trustees of the Clarence
Dillon Public Library.
[Ord. #97-10, S 1]
[Ord. #97-10, S 1]
a.
Persons charged with a violation of this chapter shall be permitted to pay the penalties through the Bedminster Township Violation Bureau, provided that all library materials are returned to the Library, fines paid to the Library and a receipt therefor exhibited to the Bedminster Township Violations Clerk. For the first offense, the penalty shall be $20; and for the second offense, the penalty shall be $25. For further offenses and for other violations of this chapter, a court appearance is required, and a penalty will be assessed, in the discretion of the Judge of Municipal Court, not to exceed the penalty provision of Subsection 3-10.9b, below.
[1]
Editor's Note: Recycling was previously codified in Chapter 17 as established by Ordinance No. 86-8 and amended by Ordinance Nos. 86-11 and 87-8A. Chapter 17 was repealed by Ordinance No. 91-02. Recyclable Materials Collection, previously codified as § 2-15 was renumbered as § 3-11 by Ordinance No. 98-28.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
The title of this section shall be "Recyclable Materials Collection,"
and the same may be cited in that manner.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
As used in this section:
Shall mean and include all aluminum beverage containers;
the same will be reasonably clean of foreign matter.
Shall mean and include paper of the type normally referred
to as corrugated cardboard. Expressly excluded, however, are all cardboard
paper products which have been soiled.
Shall mean and include all glass bottles and jars, the same
to have lids and neck rings removed and to be reasonably clean of
foreign matter.
Shall mean and include paper of the type commonly referred
to as news print and distributed at stated intervals, usually daily
or weekly having printed thereon news and opinions containing advertisements
and other matters of public interest. "Magazines and periodicals"
as used herein shall be deemed to include that printed matter containing
miscellaneous pieces (such as articles, stories, poems, pictures or
the like), either published at fixed or varying intervals. Expressly
excluded, however, are all other paper products of any nature whatsoever
and newspapers which have been used for work-related projects and
have been soiled.
Shall mean and include high-grade office paper including
but not limited to letterhead paper, photocopy paper, and other paper
products used in work-related office projects which have been typed,
word processed or computer generated. Expressly excluded, however,
are all paper products which have been soiled.
Shall mean and include all post consumer plastic bottles,
the same to have lids, tops and labels removed and to be reasonably
clean of foreign matter.
Shall mean and include all garbage and rubbish normally placed
at the curb by the residents of the Township of Bedminster for regular
municipal collection.
Shall mean and include tin-plated steel and bimetal food
and beverage cans with labels removed.
[Ord. #91-02, S 1; Ord. #98-28, S 13; Ord. #08-22, S 1]
In accordance with the terms hereof, it shall be mandatory for
all persons who are owners, lessees, and occupants of residences to
separate newspaper, mixed paper (magazines, glossy inserts, computer
paper, junk mail, colored paper and office paper), corrugated cardboard,
telephone books, aluminum cans, glass containers, steel and bimetal
cans, plastic containers (#1 and #2 plastic bottles), leaves, textiles,
motor oil, consumer batteries, asphalt, concrete, and wood waste from
all other solid waste produced by any such properties and to separately
bundle and contain said items for pick up, collection and recycling.
In addition, it shall be mandatory for all persons who are owners,
lessees, and occupants of commercial or institutional or governments
or office park properties to separate aluminum cans, antifreeze, computer
printout/white ledger, concrete, consumer batteries, corrugated cardboard,
glass containers, heavy iron, lead-acid batteries, leaves and brush,
magazines and junk mail, mercury containing devices, mixed office
paper, newspaper, plastic containers (#1 and #2 plastic bottles),
scrap autos, steel cans, stumps, logs and tree parts, textiles, used
consumer electronics, used motor oil, white goods and light iron,
and wood scrap from all other solid waste produced by any such properties
and to separately bundle and contain said items for pick up, collection
and recycling.
[Ord. #96-03, S 1; Ord. #91-02, S 1; Ord. #98-28, S 13; Ord.
#08-22, S 2]
All recyclable materials to be collected in accordance with
this section shall be separated and placed for disposal in accordance
with the agreement entered into by the Township Committee which grants
a franchise or license authorizing a private or public entity to collect
said recyclable materials. A copy of said agreement shall remain on
file in the office of the Township Clerk, where the same shall be
available for public inspection.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
From the time of placement at the curb by any owner, lessee
or occupant of a residence of newspapers, magazines and periodicals,
aluminum and steel cans, glass, cardboard, and plastic bottles for
collection by the Township of Bedminster or its authorized agent,
in accordance with the terms hereof, such newspapers, magazines and
periodicals, aluminum and steel cans, glass, cardboard and plastic
bottles shall be and become the property of the Township of Bedminster
or its authorized agent. It shall be a violation of this section for
any person unauthorized by the Township of Bedminster to collect or
pick up or cause to be collected and picked up any such newspapers,
magazines and periodicals, aluminum and steel cans, glass, cardboard
or plastic bottles from a resident in the Township of Bedminster.
Each such collection in violation hereof shall constitute a separate
and distinct offense punishable as hereinafter provided. The collection
of newspapers, magazines and periodicals, cardboard, glass and aluminum
and steel cans, plastic bottles and office paper from commercial or
institutional or industrial properties shall be conducted by a licensed
disposal service retained by the owners, lessee or occupant of such
property, and such collection shall not be the responsibility of the
Township of Bedminster.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
The Township Administrator or his or her designated agent is
hereby authorized and directed to enforce this section. Such person
is hereby authorized and directed to establish and promulgate reasonable
regulations as to the manner, days and times for the collection of
newspapers, magazines and periodicals, aluminum and steel cans, glass,
cardboard, office paper and plastic bottles in accordance with the
terms hereof and any other matters required to implement this section.
The Township Administrator or his or her designated agent is directed
to inspect, at least once a year, each commercial, institutional and
industrial facility in the Township of Bedminster to determine compliance
with this section and any and all regulations promulgated hereunder.
The Township Administrator or his or her designated agent may make
periodic random inspections to determine compliance with this section
by owners, lessees or occupants of residential property in the Township
of Bedminster. The Township Committee may change, modify, repeal or
amend any portion of said rules and regulations at any time.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
Any person, firm, corporation or other entity which violates or neglects to comply with any provision of this section or any regulation promulgated hereunder, shall be punished by a fine of not less than $25 upon a first conviction; not less than $100 upon a second conviction; and not less than $300 upon a third or subsequent conviction. The above fine shall not be applicable to a conviction of Subsection 3-11.5 hereof which shall be punishable by a fine of not less than $100 and not to exceed $300.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
The Township Committee may enter into an agreement granting
a franchise or license to authorize a private or public entity to
collect all newspapers, magazines, periodicals, aluminum and steel
cans, glass, cardboard, office paper and plastic bottles. Without
the entry of such an agreement, this section shall be of no effect
whatsoever.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
It is prohibited and will be deemed a violation hereof for any
owner, lessee or occupant of any residential, commercial or institutional
property in the Township of Bedminster to put into or cause to be
put into the solid waste collection system of the Township of Bedminster
any leaves, grass, twigs and other such materials.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
It is prohibited and will be deemed a violation hereof for any
owner, lessee or occupant of any residential, commercial or institutional
property in the Township of Bedminster to put into or cause to be
put into the solid waste collection system of the Township of Bedminster
any crankcase oil.
[Ord. #91-02, S 1; Ord. #98-28, S 13]
The owners, operators or occupants of any commercial, professional,
industrial or institutional establishments shall recycle material
as required by this section and the regulations promulgated hereunder,
and as required under the Somerset County Solid Waste Plan Recycling
Amendment, and Chapter 102 of the Public Laws of 1987 of the State
of New Jersey.
[Ord. #08-22, S 3]
At the time of issuance of any building permit, the building
code official will provide written instruction on proper disposal
and recycling of construction and demolition waste (that require removal
of 21 or more cubic yards of waste materials) and furnish a Notification
of Construction/ Demolition Activity Form that must be filled out
by the permittee and faxed to the Somerset County Department of Health — CEHA
OPERATIONS within 48 hours of the issuance of a municipal permit.
[Ord. #08-22, S 4; Ord. #09-028, S 10]
a.
Any application to the land use board for subdivision or site plan
approval for the construction of multi-family dwellings of three or
more units, single-family developments of 50 or more units, or any
commercial, institutional, or industrial development for the utilization
of 1,000 square feet or more of land, must include a recycling plan.
This plan must contain, at minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the municipal recycling coordinator.
b.
Prior to the issuance of a certificate of occupancy, the owner of
any new multi-family housing or commercial, institutional, or industrial
development must supply a copy of a duly executed contract with a
hauling company for the purposes of collection and recycling of source-separated
materials, in those instances where the municipality does not otherwise
provide this service.
c.
Provisions shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal Engineer.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #98-31, S 1; Ord.
#06-11, S 2]
a.
The Township of Bedminster has been the site for the staging of various
special events; and
b.
Equestrian and golf events are presently allowed, to a limited extent, within the R-10 Rural Residential Zone District in the Township (Land Development Ordinance Subsection 13-401A.1f) and by the Township Master Plan; and
c.
Special events are generally viewed as beneficial to the Township,
its residents of the area, the county, the state, and even the country;
and
d.
Various special events occurring with the Township, particularly
certain equestrian and golf events, are widely publicized and large
numbers of participants and spectators attend the same; and
e.
The Township Committee has determined that the regulations on special
events as set forth in this section are necessary to protect public
health, safety and welfare of the Township; and
f.
The purpose of this section is not to regulate those uses which are not allowed under the Township's Land Development Ordinance and which are governed by § 13-1006 "Special Use Permits" of said ordinance, but rather to regulate only the special events permitted within certain zone districts as set forth herein.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #98-31, S 1; Ord.
#06-11, S 2]
a.
The Township of Bedminster requires a permit for any event which is anticipated to have 1,500 people or more on any day, which includes: participants, spectators, employees, caterers and any other individual to be located on the site of the event. Requirements for such permit application are set forth in Subsection 3-12.2e hereof. Failure to obtain a permit required herein will result in the inability to hold the event. The holding of an event which is subject to the requirement of a permit, without obtaining such permit, shall constitute a violation of this section. Events sponsored by the Township of Bedminster, the board of education of the Township of Bedminster, and/or volunteer emergency services of the Township of Bedminster may request a waiver of the requirements of the permit requirements required under this Subsection 3-12.2, upon receipt and review of a brief description of the event by the Township Clerk and the Township Administrator.
b.
The Township Clerk is the municipal official to receive all permit applications pursuant to Subsection 3-12.2a hereof. Upon receipt of the aforesaid permit application, the Township Clerk shall have the event reviewed by the Township Police Chief, Fire Official, Health Officer, Zoning Officer, and the Township Engineer for compliance of the event herewith. Upon review of the permit application, the Township officials shall determine if the requested location for the event has the capacity to adequately accommodate the anticipated number of people to be in attendance at such event. If it is determined that the location does not have adequate capacity, based on the plan presented in the application, to accommodate the anticipated number of attendees, then such permit application shall be denied. The denial of a permit may be appealed to the Township Committee for their review and decision.
c.
The issuance of all permits is subject to the review and approval
of Township officials for compliance with the regulations set forth
herein. Any violation of the regulations set forth in this section,
or the failure to obtain approval of the Township officials, will
result in a denial of the permit application.
d.
Permit applications required hereunder will be available to the public
at the Township Clerk's office during the times the Township is open
to conduct business. Said applications shall be filed with the Township
Clerk, six copies, in accordance with the following schedule:
|
50,000 persons and more
|
6 months prior to event
|
|
10,001 to 50,000 persons
|
2 months prior to event
|
|
10,000 person and less
|
1 month prior to event
|
All permit applications shall be accompanied by a nonrefundable
fee in an amount in accordance with the following schedule:
|
50,001 persons and more
|
$1,000
|
|
10,001 to 50,000 persons
|
$750
|
|
10,000 persons and less
|
$500
|
e.
The following information, at a minimum, will be included in the
permit application required hereunder. Any Township official reviewing
the permit application may require additional information from the
applicant that the Township official reasonably believes is necessary
to fairly and completely evaluate the application in keeping with
the purposes hereof:
1.
Name of organizer.
2.
Address of organizer.
3.
Name of chief officer of organizer.
4.
Name of person or persons actually in charge of the event, their
residential address and residential telephone number and/or all other
telephone numbers where they can be reached before, during and after
the event.
5.
The name, address and telephone number of the individual that will
serve as the liaison to the Township relative to the event.
6.
The Bedminster Township tax lot and block designation of the property
upon which the event is to be held and the commonly known street address
of the same.
7.
Detailed information as to the specific event to be staged, including
the purpose and scope of the event, and activities to be held at the
event.
8.
The anticipated number of persons to be in attendance for each day
of the event, to include: participants, spectators, employees, caterers
and any other individual to be located on the site of the event.
9.
The actual date(s) and time(s) of the event.
10.
Sufficient information, as may be required by the Township, to enable the Township officials to verify if the Rules and Regulations of Events (Subsection 3-12.4) will be adequately addressed.
11.
The organizer shall execute the appropriate documents indemnifying
and holding the Township harmless from all claims, losses or suits
which may arise out of or result from the event and the sponsor shall
agree to defend, on behalf of the Township, any such claim or suit
and shall reimburse the Township the costs of any suit, attorney's
fees and all other expenses incurred by the Township in any such suit
or claim, provided, however, that this indemnification and agreement
to defend shall not apply to a suit or claim arising out of or resulting
from the misconduct of a Township official.
12.
A written plan which shall specifically detail the following:
(a)
How the organizer will provide both on-site and off-site personnel
and property security.
(b)
How the organizer will handle traffic entering and exiting the
site, and also on the site.
(c)
How the organizer will provide adequate fire and first aid coverage
for the event, which shall include a fire safety plan for the event
to be reviewed by the Township Fire Official and commented on by the
Township Fire Chief having primary responsibility for the location
of the event.
(d)
An event plan (which does not have to be professionally drawn)
showing the proposed uses of the site; all event facilities, roads,
driveways, fire/first aid access, vendor locations, rest room facility
(whether portable or permanent) locations, parking areas, and signage
which can be viewed from off site locations.
(e)
A description of all sound systems to be utilized at the event.
(f)
Any proposed signage.
(g)
Information regarding parking in areas other than on the grounds
of the event, and proposed transportation to be provided to and from
such parking areas to the event location.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #06-11, S 2]
The number of events on any given property or adjoining properties
used for the event shall be limited as follows:
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #98-31, S 1; Ord.
#06-11, S 2]
This subsection shall apply to all events requiring a permit
hereunder, and all other events where attendance is 500 or more.
a.
A number of portable rest rooms facilities shall be provided, in
accordance with the following schedule:
|
500 to 1,499 persons
|
1 portable rest room facility per every 215 persons
|
|
Initial 1,500 persons
|
7 portable rest room facilities
|
|
Each additional 1,000 persons
|
2 additional portable rest room facilities
|
Portable rest room facilities shall be provided in accordance
with state statutory requirements and/or with the requirements of
the Bedminster Township Health Officer.
b.
Sufficient off-street parking shall be provided for the number and
kinds of vehicles expected to be present in connection with the event.
If parking is to be provided at locations other than on the grounds
of the event, adequate transportation shall be provided to and from
such parking areas to the event location.
c.
Adequate steps shall be taken to insure that the event takes place
in its designated area and that participants and spectators are contained
within said area and on the property upon which the event is taking
place during the course of the event.
d.
The property or group of properties (tract) upon which an event is
to be held, where attendance for any day is 1,500 or more, must be
at least 200 acres in size and must have all nonemergency event access
from a state or county roadway, unless otherwise approved by the Township
as part of the permit application.
e.
No person shall be permitted to build a fire in connection with the
event except for the preparation of food in self-contained portable
cooking units.
f.
Parking of vehicles shall be limited to those areas designated for
parking in connection with the event.
g.
No permanent structure(s) other than jumps, obstacles, scoreboards
or other such event appurtenances shall be constructed, unless permitted
by the Township, and the organizer shall, within 30 days of the last
date of the event, restore, as best as reasonably possible, the area
used for the event to the same condition existing before the event
took place (other than new, Township approved, permanent structures,
jumps, obstacles, scoreboards or other such appurtenances).
h.
Organizer shall not use the name of "Bedminster Township" in any
publicity of the event, where such use may suggest sponsorship of
the event by Bedminster Township, other than as a location identifier
for the event, without prior approval from the Bedminster Township
Committee.
i.
Event advertising signage may be erected in the Township, in accordance
with Township ordinances, two weeks prior to the event, and the same
must be removed one day following the last day of the event. Event
directional signage (directing people to the location of the event)
may be erected in the Township, in accordance with the Township ordinances,
three days prior to the event, and the same must be removed one day
following the last day of the event. Removal of all signage shall
be the responsibility of the event organizer. Any and all signage
erected in the Township pursuant to this subsection is temporary in
nature. For any and all signage required by the Township, the same
must be installed in accordance with the direction of the Township
official or Township Police requiring such signage.
j.
All permits or permissions required by the State of New Jersey Uniform
Construction Code, other state statutes or regulations, Township ordinances,
or any other law, rule, regulation or any other matter whatsoever,
shall be obtained (by way of example, but not limitation: tent permits,
raffle licenses, building or other subcode permits, liquor licenses
and food preparation permits). Tents, food preparation areas, and
other temporary structures on the property shall be regulated in accordance
with good fire safety practices as required in the New Jersey Fire
Safety Act.
k.
The sound system shall not emit a one hour average sound level (l-eq),
as measured with a sound level meter set to "A-weighted, SLOW" that
exceeds the ambient sound level by more than seven decibels at any
property boundary line of the tract upon which the event is being
conducted which is adjacent (a roadway separating the said tract and
another residentially zoned property not being included in this prohibition)
to a residentially zoned property upon which is located a residence.
The ambient sound level shall be defined as: that level exceeding
90% of the time (L90) on a typical afternoon for one hour.
l.
Concessions or vendor activity shall be permitted only if consistent
with the nature of the event and subordinate to the event.
m.
No event lighting shall directly illuminate areas off the property
upon which the event is being held.
n.
Noise and dust emanating from the event will be minimized so that
properties in the neighborhood of the event are not unreasonably disturbed.
o.
After the event, all debris and trash, portable rest room facilities,
and all temporary structures shall be removed from the site within
48 hours, weather permitting. During the event adequate provisions
will be made to contain debris and trash.
p.
The event shall be conducted in all such manners so as to minimize
its effect on adjoining properties, other properties in its neighborhood
and other residents of the Township.
q.
The organizer shall pay all required escrows to the Township, prior
to the start of the event, for expenses, if any, incurred by the Township
as a result of providing police officers and emergency services of
the Township to perform functions relative to public safety and traffic
control, attributable to the event, in accordance with this and other
Bedminster Township ordinances. A failure to remit all required escrow
payments prior to the start of the event may result in the nonissuance
of a permit, or a cessation of the commencement of the event. The
Chief of Police of the Township and the Township Fire Official shall
have the final authority on issues of public safety and the issuance
of permits for and during the event. The Chief of Police of the Township
shall determine whether police officers are needed for public safety,
site security, and/or traffic control in areas at or near the event,
attributable to the event. If police officers are necessary, the number
of police officers shall be assigned accordingly. The Township Fire
Official, along with the responsible Fire Chief, shall determine the
level of on-site fire personnel and/or equipment needed for public
safety. The Township Chief of Police's authority shall not be superseded
by any other law enforcement agency that may be involved in the planning
or staging of the event, unless expressly provided by law.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #06-11, S 2]
The enforcement officers for this section shall be the Township Zoning Officer, the Township police chief, the Township Fire Official, and/or the Township Engineer. The organizer of the event regulated hereby shall allow the said enforcement officers access to the property upon which the regulated event is being conducted and shall comply with the lawful requests of the enforcement officers relative to the events compliance with the provisions of Subsection 3-12.4. The organizer's noncompliance with the lawful requests of the enforcement officer will be considered a separate offense under Subsection 3-12.7 hereunder.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #06-11, S 2]
The rules, regulations and permit requirements set forth in
this section shall not apply to any equestrian event which (i) takes
place on property which is primarily located outside of Bedminster
Township, (ii) is regulated by the municipality in which the event
is primarily located, and (iii) a written agreement is reached between
Bedminster Township and the sponsor/organizer of the event, whether
such shall be a municipality or a private sponsor. Otherwise, the
rules, regulations and permit requirements set forth in this section
shall apply to the portion of the event located on property located
within Bedminster Township.
[Ord. #93-19, S 1; Ord. #98-28, S 13; Ord. #06-11, S 2]
Any violation of the provisions this section, occurring prior
to or during the event, shall be subject to a revocation or nonissuance
of its permit for such event by the enforcement officers or the Township
Clerk. In the case of the revocation of a permit or a violation of
the rules and regulations provided herein where a permit is not required,
the enforcement officers may order an immediate cease and desist of
the event. In addition thereto, any violation of this section by the
organizer of an event to which this section pertains shall subject
such violator, upon conviction, and at the court's discretion, to
a fine not to exceed $2,000 for each such violation. Each day that
a violation continues shall constitute a separate offense.
[Ord. #2007-19, S 3; Ord. No. 2010-022 § 4]
Whenever the Fire Official or his representative is required
to attend an event being held within the Township during non-normal
business hours of the Fire Official, a fee of $75 per hour shall be
paid by the organizer of such event to the Township, based upon the
number of hours the Fire Official or his representative is required
to attend such event, with a minimum of two hours to be charged for
each such event.
[Ord. #2001-01, S 1]
a.
In accordance with and pursuant to the authority of P.L. 1988, c.
44 (N.J.S.A. 2C:35-7), the drug-free school, park and public building
zone maps produced on or about December 2000 by Ferriero Engineering,
Inc., Township Engineers, are 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 the Bedminster Township
Board of Education (the "school board") and of the areas on or within
one thousand (1,000') feet of such school property.
b.
In accordance with and pursuant to the authority N.J.S.A. 2C:35-7.1,
the drug-free school, park and public building zone maps produced
on or about December 2000 by Ferriero Engineering, Inc., Township
Engineers, are hereby approved and adopted as an official finding
and record of the location and areas within the Township of property
which is used as a public park, public building or public housing
facility and which is owned by the Township of Bedminster and of the
areas on or within five hundred (500') feet of such municipal property.
[1]
Editor's Note: The maps referred to herein may be found at
the end of this chapter.
[Ord. #2001-01, S 1]
a.
The drug-free school, park, and public building zone maps approved and adopted pursuant to Subsection 3-13.1a of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
b.
The drug-free school, park, and public building zone maps approved and adopted pursuant to Subsection 3-13.1b of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within five hundred (500') feet of property owned by the Township of Bedminster which is used as a public park or public building 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 municipal parks and building drug-free zones.
[Ord. #2001-01, S 1]
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 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 board and which is used for school
purposes.
[Ord. #2001-01, S 1]
The Township Clerk is hereby directed to receive and keep on file the original of the maps approved and adopted pursuant to subsections 3-13.1a and b 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 maps approved and adopted herein and kept on file. It is hereby further directed that a true copy of such maps shall be provided without cost to the Somerset County Clerk and to the office of the Somerset County Prosecutor. The Township Clerk is also directed to forward a copy of this section, once adopted, and the maps approved and adopted pursuant to subsections 3-13.1a and b of this section to the Court Administrator, Chief of Police and Prosecutor of the Township of Bedminster.
[Ord. #2001-01, S 1]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the maps approved and adopted pursuant to subsections 3-13.1a and b of this section were prepared and are 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 of elementary and secondary schools within the Township.
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board.
3.
Such school property is and continues to be used for school purposes.
4.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
5.
The location of public parks and buildings within the Township.
6.
The boundaries of the public parks and buildings which are owned
by the Township of Bedminster.
7.
Such public property is and continues to be used for public purposes.
8.
The location and boundaries of areas which are on or within five
hundred (500') feet of such public property.
b.
Pursuant to the provisions of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), the Township 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 ones approved and adopted pursuant to subsections 3-13.1a and b of this section. The failure of the maps 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, and real property comprising a public park or a public building, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board or municipality or that such property is not used for a school or as a public park or public building.
c.
All of the requirements set forth in P.L. 1988, c. 44, concerning
the preparation, approval and adoption of drug-free school, park,
and public building zone maps have been satisfied.
[Ord. #2004-06, S 2]
The purpose of this section is to prohibit members of the public,
when properly noticed, from trespassing upon any portion of the Pluckemin
Encampment Site (Block 59, Lot. 1.01), and to punish members of the
public for said trespass.
[Ord. #2004-06, S 3]
No person, individual, firm, corporation or other entity shall
be permitted to tread, enter through, over, upon, under, in, across
the Pluckemin Encampment Site. The Township, its employees, agents
or other permittees shall be exempt from this section.
[Ord. #2004-06, S 4]
The Township Police Department is hereby authorized and directed
to enforce this section. The Township's principal Public Works Manager,
in concert with the Chief of Police is authorized to erect "No Trespassing
at Any Time" signs at appropriate locations within the Pluckemin Encampment
Site. Said signs shall clearly state, at a minimum, that "No Trespassing
at Any Time" shall be permitted and that violators may be subject
to the maximum fines and penalties allowed by local ordinance.
[Ord. #2004-06, S 5]
Any person, individual, firm, corporation or other entity which
violates or neglects to comply with any provision of this section,
shall be punished by a minimum fine of $100 and maximum fine of $1,250
or imprisonment in the county jail for any term up to 90 days; or
for a minimum of 10 days of community services and a maximum of 90
days of community service; or any combination of fine, imprisonment
and community service. Each entrance onto the Pluckemin Encampment
Site shall constitute a separate and distinct offense punishable as
stated above. Any person, individual, firm, corporation or other entity
who is convicted of violating this section within one year of the
date of a previous violation of the same section and who was fined
for the previous violation, shall be sentenced to an additional fine
as a repeat offender. The additional fine imposed by the court upon
a person, individual, firm, corporation or other entity for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the section, but shall be calculated separately
from the fine imposed for the violation of the section. Any person,
individual, firm, corporation or other entity convicted on this section
may, in the discretion of the municipal court judge, and in default
of the payment of any fine imposed, be imprisoned in the county jail
or place of detention provided by the Township, for any term not exceeding
90 days, or be required to perform community service for a period
not exceeding 90 days.
[Ord. #05-12, S 1]
No person shall cause damage to the property of the Township of Bedminster or the property of another by an act of graffiti. No person shall attach, affix or fasten any labels, posters, signs, stickers or any other like articles to any bridge, building, public transportation vehicle, rock, wall, sidewalk, street, telephone or light post, or any other exposed surface on public property without the express consent of the Township of Bedminster or otherwise permitted by Sections 3-2 or 3-9 of Chapter 3 of The Revised General Ordinances of the Township of Bedminster, 1984.
[Ord. #05-12, S 1]
a.
ACT OF GRAFFITI – Shall mean the drawing, painting, or making
of any mark or inscription on a bridge, building, public transportation
vehicle, rock, wall, sidewalk, street or other exposed surface on
public or private property without the permission of the owner.
[Ord. #05-12, S 1]
Any person who violates this § 3-15 shall upon conviction thereof be punishable by a fine not to exceed $1,250, imprisonment for a period not to exceed 90 days, a period of community service not to exceed 90 days, monetary restitution in an amount of the pecuniary damage caused by the violation, or a combination thereof at the discretion of the municipal court judge in accordance with § 1-5 of Chapter 1 of The Revised General Ordinances of the Township of Bedminster, 1984.
[Ord. #05-12, S 1]
The Township of Bedminster shall provide a reward in the amount
of $500 to any person who the governing body, acting upon the recommendation
of the municipal Chief of Police or other principal municipal law
enforcement officer, may deem entitled thereto for the detection and
apprehension of any person guilty of damaging the property of the
Township of Bedminster or the property of another by an act of graffiti
in violation of this section or in violation of N.J.S.A. 2C:17-3.
The reward is payable only after a conviction of such guilty persons.
The reward is limited to $500 per person convicted. No reward shall
be paid to any public employee whose duty is to investigate or to
enforce the law, or to the employee's spouse, child or parent, living
in the same household. (N.J.S.A. 2A:153-4.1)
[Ord. #05-28, S 1]
To establish requirements for the proper handling of yard waste
in the Township of Bedminster, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. #05-28, S 1]
For the purpose of this § 3-16, the following terms, phrases and words shall have the meanings stated herein.
a.
CONTAINERIZED – Shall mean the placement of yard waste in a
trash can, bucket, bag or other vessel, such as to prevent the yard
waste from spilling or blowing out into the street and coming into
contact with stormwater.
b.
STREET – Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way, which is an existing state, county or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may be comprised of pavement,
shoulders, gutters, curbs, sidewalks, parking areas, and other areas
within the street lines.
c.
YARD WASTE – Shall mean leaves and grass clippings.
[Ord. #05-28, S 1]
a.
In areas covered by the Township's yard waste collection program,
the owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste
within fifteen (15') feet of an inlet to the Township's stormwater
sewer system.
b.
In areas not covered by the Township's yard waste collection program,
the owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard wastes
in the street, unless the yard waste is containerized. If yard waste
that is not containerized is placed in the street, the party responsible
for placement of yard waste must remove the yard waste from the street
or said property owner shall be deemed in violation of this section.
[Ord. #05-28, S 1]
This section shall be enforced by the Township Administrator
or his or her designated agent, the health officer or the police of
the Township of Bedminster.
[Ord. #05-28, S 1]
Any person, firm, corporation or other entity which violates
or neglects to comply with this section shall be subject to a fine
of not less than $25 upon a first conviction; not less than $100 upon
a second conviction; and not less than $300 upon a third or subsequent
conviction.
[Ord. #05-35, S 1; Ord. #09-009, S 1]
It shall be unlawful, and shall be a public nuisance, for any
person:
a.
To engage in any sexual contact upon public property, regardless
of whether such person knows or has reason to know that he/she will
be observed by other persons.
b.
To solicit another person to engage in any sexual contact upon public
property, where such sexual contact is to occur on public property,
regardless of whether such person knows or has reason to know that
such act will be observed by other persons.
c.
To expose his/her intimate parts to public view upon public property
not specifically designated for such activities, regardless of whether
such person knows or has reason to know that he/she will be observed
by other persons.
d.
To urinate, defecate, or discharge other bodily fluids upon public
property, in areas not specifically designated for this activity,
or upon private property where susceptible to public view, regardless
of whether such person knows or has reason to know that he/she will
be observed by other persons.
[Ord. #05-35, S 1; Ord. #09-009, S 1]
a.
INTIMATE PARTS – Shall mean the following personal body parts:
sexual organs, genital area, anal area, groin, buttock, or female
breast.
b.
PUBLIC PROPERTY – Shall mean any and all areas, lands, buildings,
and right-of-ways within the boundaries of the Township of Bedminster,
which are owned, leased, or controlled by the Township of Bedminster,
County of Somerset, and/or State of New Jersey.
c.
SEXUAL CONTACT – Shall mean seeking sexual arousal or gratification
by one person's intentional direct touching his or her own intimate
body part or another person's intimate body parts or by indirect touching
through clothing of intimate body parts.
[Ord. #05-35, S 1; Ord. #09-009, S 1]
Any person who violates this § 3-17 shall, upon conviction thereof, be punished by a fine not to exceed $2,000, imprisonment for a period not to exceed 90 days, a period of community service not to exceed 90 days, monetary restitution in an amount of the pecuniary damage caused by the violation, or a combination thereof at the discretion of the municipal court judge in accordance with § 1-5 of Chapter 1 of The Revised General Ordinances of the Township of Bedminster, 1984.
[Ord. #2014-005 S 1]
The Mayor Shall Designate an Emergency Management Coordinator
who is hereby authorized to request the Volunteer Fire Companies in
the Township, the Pottersville Volunteer Fire Company and the Far
Hills — Bedminster Fire Department (the "Fire Companies"), to
clean up and remove any discharge of hazardous substances or suspected
hazardous substances (but not to exceed level one first responder
awareness and first responder operational) which occurs within the
Township of Bedminster, or outside the boundaries of the Township,
including when authorized by agreement between the Township and any
other governing body.
[Ord. #2014-005 S 2]
Shall mean all costs associated with a discharge of hazardous
substances incurred by the Township of Bedminster or its authorized
agents, including the Fire Companies, (1) in the removal or attempted
removal of hazardous substances, suspected hazardous substances or
(2) in the taking of reasonable measures to prevent or mitigate damage
to public health, safety, or welfare, including but not limited to
public and private property, surface waters, sub-surface waters, water
columns and bottom sediments, soils and other affected property, including
wildlife and other natural resources.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous or suspected hazardous substances,
into the waters, onto the lands or into the air, which may or does
cause or it is reasonably believed will damage or result in damage
to the lands, waters, air, or natural resources.
Shall mean such elements and compounds, including petroleum
products, which are defined as such by the Department of Environmental
Protection of the State of New Jersey or as are defined in the N.F.P.A.
Guide of Hazardous Materials, or as are set forth in the list of hazardous
substances adopted by the Federal Environmental Protection Agency,
or as are defined on the list of toxic pollutants designated by Congress
or the Environmental Protection Agency, provided however, that sewage
and sewage sludge shall not be considered as hazardous substances
for the purpose of this section. This definition also includes substances
which the Emergency Management Coordinator has reasonable reason to
believe are hazardous substances.
Shall mean public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies, individuals,
or any other entity.
Shall mean oil or petroleum of any kind and in any form including
but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, oil mixed with other wastes, crude oils and substantives
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
[Ord. #2014-005 S 3]
Any person who causes by act or omission, or is otherwise responsible
for a discharge of hazardous or suspected hazardous substances which
requires clean up or abatement by the Township or one of its Fire
Companies shall be liable for the payment of all costs incurred by
the Township and the Fire Companies as a result of such clean up or
abatement activity. The owner of real or personal property from which
a discharge of hazardous substances occurs is responsible for the
cost of clean up or abatement. The remedy provided by this section
shall be in addition to any other remedies provided by law.
[Ord. #2014-005 S 4]
For the purposes of this section, costs incurred by the Township
and its Fire Companies shall include but shall not necessarily be
limited to the following: actual labor costs of Township and Fire
Company personnel including workers' compensation benefits, fringe
benefits, administrative overhead; cost of equipment operation; cost
of materials; and the cost of any outside contract for labor and materials.
A fee schedule shall be established by resolution of the Township
Committee as amended from time to time.
[Ord. #2014-005 S 5]
The cost of materials to be reimbursed to the Fire Companies
and Township shall include, without limitation, firefighting foam,
chemical extinguishing agents, absorbent material, sand recovery drums,
and specialized protective equipment including acid suits, acid gloves,
goggles and protective clothing.
[Ord. #2014-005 S 6]
Upon obtaining any information that a hazardous discharge has
occurred in the Township (unless previously notified of a hazardous
discharge by NJDEP) the appropriate Township officials shall immediately
notify NJDEP of such hazardous discharge in accordance with the requirements
of all applicable NJDEP statutes and regulations.
[Added 12-16-2019 by Ord.
No. 2019-013]
As used in this § 3-19, the following terms shall have the meanings indicated:
An area, property or buildings characterized by deteriorating
or abandoned buildings or land which exhibits a lack of continued
maintenance and upkeep, including land or a building with debris,
litter, deteriorating paint or siding, accumulation of trash or junk,
all, or any of which may tend to depress the aesthetic value of a
neighborhood.
Those portions of land or buildings which are exposed to
public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto and the open yard space
of any property outside and around any building or structure erected
on the property.
Any condition that would constitute a nuisance according to
the statutes, laws and regulations of the State of New Jersey, its
governmental agencies or the ordinances of the Township of Bedminster.
Any condition which is detrimental to the enjoyment of lands
owned by others, constitutes a blighted condition or is detrimental
to the health or safety of all persons whether on or inside a building,
on the lands and premises containing a building or on, in or upon
an unoccupied lot.
The exterior premises shall be maintained so that its appearance
shall reflect a level of maintenance in general keeping with the standards
of the "VN" Village Neighborhood Zone and neighborhood and such that
the appearance thereof shall not promote or contribute to a blighting
effect upon neighboring properties. Moreover, the exterior of the
premises shall not contribute to the progressive deterioration and
downgrading of neighboring properties. To this end, the following
requirement shall apply:
a.
No temporary painting scaffold or other temporary equipment used
for construction, repair or maintenance shall be permitted to remain
in place beyond eight weeks after the erection and placement of such
equipment without obtaining permission in writing from the Township
Zoning Officer.
b.
Where exposed to public view, the landscaping of premises shall be
maintained in keeping with the neighborhood and in an orderly state
with lawns mowed and bushes and shrubs trimmed and free from becoming
overgrown, littered and unsightly where such lawn bushes, shrubs and
landscaping conditions would constitute or contribute to a blighting
effect.
c.
Exterior areas shall not be used for the storage of accumulated refuse
and rubbish for more than a two-week period and such shall be stored
in appropriate sanitary receptacles or other containers.
d.
It shall be unlawful for any owner, possessor or occupant of lands
to store, keep or accumulate, upon such lands, any motorized vehicles,
automobiles or machines in need of repair so as not to be readily
operated under their own power or requiring substantial repairs or
not currently licensed.
e.
The paint or siding on a building shall be maintained in a condition
that is not in a deteriorating state.
a.
Such removal or compliance, as outlined in § 3-19.2, shall be accomplished by the property owner within 10 days after notice to remove or comply or within such extended time period as may be granted by the Township Zoning Officer. Such extended time period shall be granted based on the substantive and exigent circumstances present in each case. However, in no case shall the extended time period exceed 30 calendar days beyond the date of the initial notice. In addition, no such extension shall be granted except upon the written request of the affected property owner stating, with specificity, the reasons why such an extension is sought, the remedial steps proposed by the property owner to eliminate the conditions identified in the notice and a date certain by which such remediation shall take place.
b.
In the event such removal or compliance as outlined above is not accomplished by the property owner to the satisfaction of the Township Zoning Officer within the ten-day period or any extended time period granted, the, Township Zoning Officer, in his or her discretion, shall issue a summons to such property owner returnable before the Bedminster Township Municipal Court for a violation of § 3-19. The matter shall be prosecuted by the Township Municipal Prosecutor and the Township Zoning Officer.
Any person who violates any provision of § 3-19 shall, upon conviction thereof in the Municipal Court, be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 30 days for a first offense and not more than 90 days for a second offense, or both. A separate offense may be deemed committed for each day during or on which a violation occurs or continues.
If such removal or compliance does not occur because the owner has refused or neglected or otherwise determined not to remove or comply, despite the notice of violation warning set forth in § 3-19.3 and the summons and Municipal Court procedure set forth in § 3-19.4, the Township, itself, as an additional remedy, may see to removal or compliance by utilizing the procedures set forth in §§ 3-19.6 and 3-19.7 below.
a.
The Township may proceed to remediate the condition itself after
due process as hereafter defined. The Township may authorize the Township
Zoning Officer to effect removal or compliance subject to the due
process procedure delineated herein.
b.
The property owner shall be entitled to a hearing before the Township
Committee. Service duly noticed of this hearing shall be made upon
such owner by the Township. This service of notice provided to the
owner shall state the remediation action which may be taken by the
Township Committee at that meeting.
c.
In the event of an inability to serve the owner, after reasonable
effort, pursuant to N.J.S.A. 40:48-2.12, sufficient notice shall be
deemed to have been given if such notice is posted on the premises
in a conspicuous place.
d.
Within 30 days of receipt of this service of notice or any extension of time granted thereto by the Township Committee, a public hearing shall be held by the Township Committee, at which time, after the presentation of evidence by the Township Zoning Officer and the property owner, it may, if the evidence warrants it, adopt a resolution authorizing the remediation of the condition in accordance with § 3-19.7 below.
a.
Pursuant to resolution, the Township Zoning Officer shall oversee and direct the removal and compliance with § 3-19. The Township Zoning Officer shall then certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said building or lands.
b.
The amount so charged shall forthwith become a lien upon such building
and lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such dwelling or 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.
The exclusive investigating and enforcement Township officer for § 3-19 shall be the Township Zoning Officer. The Township Zoning Officer may consult with the Township Construction Official, Township Engineer, Township Health Officer and Township Fire Official as he or she may determine in his or her collective judgment. No member of the public is entitled to pursue a private cause of action hereunder for enforcement of § 3-19.
[Added 7-19-2021 by Ord.
No. 2021-012]
[Added 7-19-2021 by Ord.
No. 2021-012]
As used in this section, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with state law for
use in cannabis products as set forth in this act, but shall not include
the weight of any other ingredient combined with cannabis to prepare
topical or oral administrations, food, drink, or other product. Cannabis
does not include "medical marijuana" as the term is defined below.
The smoking, vaping, or aerosolizing of cannabis or medical
marijuana.
Cannabis and marijuana that is not regulated by the state.
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act.[1] Medical marijuana does not include cannabis, as defined
above.
Any place to which the public has access that is not privately
owned; or any place to which the public has access, including, but
not limited to, a public street, roadway, thoroughfare, sidewalk,
bridge, alley, plaza, park, playground, swimming pool, shopping area,
public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area.
[1]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[Added 7-19-2021 by Ord.
No. 2021-012]
No person shall engage in the smoking, vaping, aerosolizing
of cannabis or medical marijuana in a public place. In connection
herewith, the Township of Bedminster finds that in public places,
the right of nonsmokers to breathe clean air outweighs the right of
smokers to smoke, and also finds that the consumption of cannabis
and marijuana in public places is inimical to the health, safety,
and welfare of the Township and its residents.
[Added 7-19-2021 by Ord.
No. 2021-012]
Any person who violates this section by smoking, vaping, or
aerosolizing cannabis or medical marijuana in a public place is subject
to a civil penalty of up to $200, which shall be recovered in a civil
action by a summary proceeding in the name of the Township pursuant
to the Penalty Enforcement Law of 1999, (P.L. 1999, c. 274) (N.J.S.A.
2A:58-10 et seq.).
[Added 7-19-2021 by Ord.
No. 2021-012]
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with State Law for
use in cannabis products as set forth in this act, but shall not include
the weight of any other ingredient combined with cannabis to prepare
topical or oral administrations, food, drink, or other product. Cannabis
does not include "medical marijuana" as the term is defined below.
The smoking, vaping, or aerosolizing of cannabis or medical
marijuana.
Cannabis and marijuana that is not regulated by the state.
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act.[1] Medical Marijuana does not include Cannabis, as defined
above.
Any place to which the public has access that is not privately
owned; or any place to which the public has access, including, but
not limited to, a public street, roadway, thoroughfare, sidewalk,
bridge, alley, plaza, park, playground, swimming pool, shopping area,
public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area.
[1]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[Added 7-19-2021 by Ord.
No. 2021-012]
No person shall engage in the smoking, vaping, aerosolizing
of cannabis or Medical marijuana in a public place. In connection
herewith, the Township of Bedminster finds that in public places,
the right of nonsmokers to breathe clean air outweighs the right of
smokers to smoke, and also finds that the consumption of cannabis
and marijuana in public places is inimical to the health, safety,
and welfare of the Township and its residents.
[Added 7-19-2021 by Ord.
No. 2021-012]
Any person who violates this section by smoking, vaping, or
aerosolizing cannabis or medical marijuana in a public place is subject
to a civil penalty of up to $200, which shall be recovered in a civil
action by a summary proceeding in the name of the Township pursuant
to the Penalty Enforcement Law of 1999, (P.L. 1999, c. 274) (N.J.S.A.2A:58-10
et seq.).
[Added 3-18-2024 by Ord. No. 2024-001]
The purpose of this section is to protect the health, safety,
and welfare of the residents of the Township of Bedminster by establishing
certain provisions that are intended to protect the security of the
residents in the Township from criminal and intentional activities
related to property, personal, and violent crimes.
[Added 3-18-2024 by Ord. No. 2024-001]
a.
It shall be illegal and a violation of this section for a person
to knowingly enter or remain on any private driveway, private parking
lot or other location on private property in the presence of a stationary
motor vehicle, knowing that they are not licensed or privileged to
enter or remain, and commit any of the following acts:
b.
It shall be illegal and a violation of this section for a person
knowingly to be present inside a motor vehicle if another occupant
of the motor vehicle committed a violation of paragraph a prior to
their entry into the motor vehicle.
[Added 3-18-2024 by Ord. No. 2024-001]
a.
It shall be illegal and a violation of this section for a person
to knowingly enter or remain on any private property they are not
licensed or privileged to enter or remain, and commit any of the following
acts:
1.
Pull a door handle, turn a doorknob, or take any action in an attempt
to open, unlock, or gain entry into a house, apartment, garage, or
other structure that the person does not own or have license or privilege
to enter or remain; or
2.
Enter any house, apartment, garage, or other structure that the person
does not own or have license or privilege to enter or remain.
b.
It shall be illegal and a violation of this section for a person
to be knowingly present inside any house, apartment, garage, or other
structure if another occupant committed a violation of paragraph a
prior to their entry into the house, apartment, garage, or other structure.
c.
It shall be illegal and a violation of this section for a person
to be knowingly present inside a motor vehicle if another occupant
of the motor vehicle committed a violation of paragraph a prior to
their entry into the motor vehicle.
[Added 3-18-2024 by Ord. No. 2024-001]
a.
A violation of the provisions of this section shall, upon conviction
thereof, be punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
or by a period of community service not to exceed 90 days at the discretion
of the judge, Notwithstanding the foregoing, the minimum penalty shall
be a fine of $1,000 for the first offense and $2,000 for each subsequent
offense.
b.
Each act that constitutes a violation of this section shall be considered
a separate and distinct act that constitutes its own violation.
