[Ord. No. 94-16]
As used in this section:
Shall mean any street, road, park, building or parking lot
or any land dedicated to or owned by the Township of Frankford or
the County of Sussex or State of New Jersey or any of their departments
or agencies, including any lands or buildings owned by the Board of
Education of the Township of Frankford or any parking area open to
the public, playground or recreation area within the boundaries of
the Township of Frankford. "Public place," however, shall not include
the interior of any fully enclosed building.
Shall mean all the lands within the physical boundaries of
the Township of Frankford.
[Ord. No. 94-16]
The consumption of alcoholic beverages of any type on or in
any of the public places defined herein is prohibited.
[Ord. No. 94-16]
The consumption of alcoholic beverages of any type in a private
motor vehicle while the same is in motion or parked in any public
street, lane, parking lot or in any of the public places defined herein
is prohibited.
[Ord. No. 94-16]
The consumption of alcoholic beverages of any type on or in
any private property without the express permission of the owner or
other person with authority to grant such permission is prohibited.
[Ord. No. 94-16]
The provisions of this section shall not apply to any places
licensed by the Township of Frankford or by the State of New Jersey
for the sale, possession or consumption of alcoholic beverages thereon.
[Ord. No. 94-16]
No person shall carry about in his hand or on his person or
while in any parked or moving vehicle any glass, tumbler or open bottle
or any open can containing alcoholic beverages or beverages of which
alcoholic beverages are a part, whether said glass, bottle or can
is clearly exposed or contained in a bag, in any public place defined
herein.
[Ord. No. 94-16]
Upon investigation by any person or Police Officer to determine
whether violation of any of the above provisions has been made, any
person who shall empty a glass or other container in order to prevent
the inspecting or arresting officer or person from being able to make
a determination as to the alcoholic content of the beverage in the
container shall be presumed to have had a container having a beverage
with an alcoholic content, which presumption may be rebuttable by
competent evidence.
[Ord. No. 94-16; New]
[Ord. No. 94-16]
The prohibitions of this section shall not apply to public and
quasi-public functions held in parks owned by the Township with the
express written permission for the consumption of alcoholic beverages
granted by resolution of the Township Committee.
[Ord. No. 2005-08]
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling, or any other person related by blood or affinity.
[Ord. No. 2005-08]
The consumption or possession of alcoholic beverages of any
type on private property by a person who is under the legal age and
without legal authority is prohibited.
[Ord. No. 2005-08]
a.
The provisions of this section shall not apply to an underage person
who consumes or possesses an alcoholic beverage in connection with
a religious observance, ceremony, or rite, or consumes or possesses
an alcoholic beverage in the presence of and with the permission of
a parent, guardian or relative who has attained the legal age to purchase
and consume alcoholic beverages.
b.
The provisions of this section shall not apply to any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or post
secondary educational institution.
1.
This section shall not be construed to preclude the imposition of
a penalty under section R.S. 33:1-81, or any other section of law
against a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 2005-08]
a.
Any person who shall violate any subsection of this section shall
be subject to a fine of $250 for the first offense, and $350 for any
subsequent offense.
b.
The court may, in addition to the fine, suspend or postpone for six
months the driving privilege of the defendant. Upon the conviction
of any person and the suspension or postponement of that person's
driver's license, the court shall forward a report to the Motor
Vehicle Commission stating the first and last day of the suspension
or postponement period imposed by the court pursuant to this section.
If a person at the time of the imposition of a sentence is less than
17 years of age, the period of license postponement, including suspension
or postponement of the privilege of operating a motorized bicycle,
shall commence on the day the sentence is imposed and shall run for
a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the court shall
immediately collect the license and forward it to the Commission along
with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last day of the license suspension period imposed by court.
The court shall also inform the person orally and in writing
that if the person is convicted of operating a motor vehicle during
the period of the license suspension or postponement, that person
shall be subject to the penalties set forth in R.S. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice shall not be a defense
to a subsequent charge of a violation of R.S. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Commission the required report. The courts
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the court, the Commission shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
[Ord. No. 98-8; Ord. No. 2005-15]
No person shall remain or stay on any of the below listed properties
owned or leased by the Township during the evening and nighttime hours
between dusk and dawn each day, without the prior, written approval
of the governing board:
|
Block
|
Lot
|
|---|---|
|
6.01
|
13 — Open Space in Development
|
|
44
|
1 — Park
|
|
40
|
1 — Park
|
|
39
|
13 — DEP — 134.5 Acres
|
|
19
|
22 — Municipal Building
|
|
19
|
23 — Municipal Building
|
|
18
|
7.01 — Open Space
|
|
18
|
26 — Well Lot
|
|
46
|
2.01 — DPW
|
|
46
|
3 — DPW
|
|
66
|
8 — Swamp — 41 acres
|
Any person who stays or remains on the above-described properties
during the aforesaid hours shall first be warned by the law enforcement
official that he or she must leave the property and that failure to
do so will result in a penalty and/or community service, and will
subject the person to imprisonment. Any person who continues to remain
upon any of the above-described properties during the aforesaid hours
after having received such warning from a law enforcement official
to leave the properties, shall be liable for the penalty and community
service and be subject to imprisonment. With respect to the Municipal
Building (Block 19, Lots 22 and 23), this section will not apply to
those persons attending a meeting held by the Township Governing Body,
or any Board, Committee, Department or Subcommittee of the Township,
those persons attending a Municipal Court Session at the Municipal
Building, or to those persons who have received authorization for
use of the Municipal Building by the Governing Body.
[Ord. No. 98-8]
The provisions of this section shall not apply to any person
who has received prior, written approval from the Township Committee
for the use of the public properties during the hours restricted in
this section.
[Ord. No. 2018-15]
Hunting on municipal property shall be permitted in accordance
with the rules and regulations established by The New Jersey Division
of Fish and Wildlife, with the exception of Block 44, Lot 10, commonly
known as Dry Brook Preserve. With respect to Dry Brook Preserve, hunting
shall be restricted by species to white tail deer only and by season
to all bow and all shotgun seasons established by The New Jersey Division
of Fish and Wildlife zone regulations applicable to Dry Brook Preserve,
as the same may be amended by the Division from time to time.
[Ord. No. 98-8; New; Ord. No. 2018-15]
[Ord. No. 2003-08 § 3-3.1]
It is hereby found and declared that:
a.
The occurrence of loud noises in the Township constitutes a detriment
to public health, comfort, safety, and welfare of the residents of
Frankford.
b.
As a matter of legislative determination and public policy, the provisions,
regulations, and prohibitions of this section are in pursuance of
and for the purpose of securing and promoting the public health, comfort,
convenience, safety, and welfare and the peace and quiet of the Township
and its inhabitants.
[Ord. No. 2003-08 § 3-1.2]
As used in the section:
All acoustical words and terms shall have the meanings set forth in the publication of the United States of America Standards Institute, New York, New York, entitled "Acoustical Terminology," USASI SI1-1960; all equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of the Institute entitled "Specification for General Purpose Sound Level Meters," USASI SI4-1961; and all such measurements so made shall be made in full accordance with the methods and procedures set forth in USASI SI2-1962 entitled "Methods for the Physical Measurement of Sound." (1978 Code § 3-4.2) Terms not defined in this section shall have the same meaning as those defined in N.J.A.C. 7:29, et seq.
[Ord. No. 2003-08 § 3-1.3; Ord. No. 2012-11 § 1]
This section shall be administered and enforced by the Health
Officer, the Zoning Officer, and/or the Assistant to the Zoning Officer,
provided that any enforcing officer holds the State mandated certification
for noise requirements, in accordance with N.J.A.C. 7:29-2.11, and
shall collect sound measurements in accordance with the procedures
set forth at N.J.A.C. 7:29-2.
[Ord. No. 2003-08 § 3-1.4; Ord. No. 2012-11 § 2]
a.
No person shall cause, suffer, allow, or permit sound from any industrial,
commercial, or community service facility that, when measured at any
residential property line of any affected person, is in excess of
any of the following:
2.
From 10:00 p.m. to 7:00 a.m.:
(a)
Continuous airborne sound which has a sound level in excess
of 50 dBA; or
(b)
Impulsive sound in air which has a maximum sound level in excess
of 80 dBA and such impulse sound shall not be repeated more than four
times in any hour. Impulsive sound which repeats more than four times
in any hour shall not exceed 50 dBA.
b.
No person shall cause, suffer, allow, or permit sound from any industrial,
commercial, or community service facility that, when measured at the
property line of any other commercial, or community service facility
of any affect person, is in excess of any of the following:
c.
No person shall cause, suffer, allow, or permit sound from any source
that exceeds the following measurements on the A weighing scale of
the sound level meter when measured in the center of the room of the
receiving property or residential portion of a multi-use facility:
[Ord. No. 2003-08 § 3-1.5; Ord. No. 2012-11 § 3]
a.
The following specific acts or devices are declared to cause loud, disturbing and unnecessary noises in violation of this section, unless such acts or devices comply with subsection 3-3.4, or are otherwise excepted pursuant to subsection 3-3.6.
1.
Dogs and Other Animals. Owning, possessing or harboring any pet animal
that frequently or for continued duration makes sounds that create
a noise disturbance across a residential property line. For the purpose
of this provision, a noise disturbance from a pet animal shall be
defined as that created by a pet animal making noise continually for
10 minutes or intermittently for 30 minutes unless provoked.
2.
Exhausts. The discharge into the open air of the exhaust of any internal
combustion engine except through an adequate muffler or other device
which will effectively prevent loud or explosive noises therefrom.
This includes, by way of example and not by way of limitation, internal
combustion engines, power mowing motor vehicles, dirt bikes, ATVs,
lawnmowers and chain saws, but excludes exhaust emitted by motor vehicles
operated upon a public roadway.
3.
Construction and Lawn Equipment. The erection, demolition, alteration,
or repair of any building and/or the operation of any tools or equipment
used in construction, drilling, earth moving, excavating or demolition
work, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays
and 8:00 a.m. and 4:00 p.m. on weekends. Further, no person shall
cause, suffer, allow or permit the operation of any power lawn equipment,
including mowers, leaf blowers, edgers or trimmers, before 7:00 a.m.
or later than 8:00 p.m. on weekdays or before 8:00 a.m. or later than
6:00 p.m. on weekends and legal holidays, unless such equipment is
being operated in an industrial or commercial zone and the resulting
noise is not plainly audible on any residential property.
[Ord. No. 2003-08 § 3-1.6; Ord. No. 2012-11 § 4]
a.
The operational performance standards established at subsection 3-3.4 shall not apply to any of the following noise sources:
1.
Agricultural activities;
2.
Bells, chimes or carillons, which may include electronic devices
that imitate the sounds of bells, chimes or carillons, while being
used in conjunction with religious services;
3.
Emergency energy release devices;
4.
When public health or safety is involved, emergency work to provide
electricity, water, or other public utilities; to conduct emergency
construction or demolition work; to make emergency repairs to public
roadways or bridges; to address emergency incidents such as the cleanup
of spills of hazardous materials; or upon written approval of the
authorized enforcement agency, to utilize sound producing devices
to relocate wildlife;
5.
Motor vehicle racetrack facilities engaged in the racing of motor
vehicles;
6.
National Warning System (NAWAS): Systems used to warn the community
of attack or imminent public danger such as flooding or explosion.
These systems are controlled by the New Jersey Department of Law and
Public Safety.
7.
Stationary emergency signaling devices used to alert local emergency
services personnel of local emergency, e.g. fire;
8.
Noise of aircraft flight operations;
9.
Public celebrations that are government-sponsored or government-permitted
events;
10.
Public roadways;
11.
The unamplified human voice;
12.
Use of explosive devices. These are regulated by the New Jersey Department
of Labor and Workforce Development under the 1960 Explosive Act (N.J.S.A.
21:1A-1 to 21:1A-21);
13.
Normal operation of a handgun, rifle, shotgun, skeetshooting or trapshooting
range which has been maintained continuously in the same location
since January 24, 1972; or
14.
Emergency electricity generators at an industrial, commercial, or
community service facility in use during an electrical outage.
[Ord. No. 2003-08 § 3-1.7]
a.
If any person violates any provision of subsection 3-3.5, the authorized enforcement officer may institute an action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner.
b.
Any person who violates any provision of subsection 3-3.5 shall be subject, upon order of a court, to a civil penalty of not more than $3,000 for each offense and each day during which the violation continues shall constitute an additional, separate and distinct offense.
c.
Upon identification of a violation of this section, the authorized
enforcement officer shall issue an enforcement document to the violator.
The enforcement document may be sent to the violator by certified
mail, return receipt requested. The enforcement document shall:
1.
Identify the condition or activity that constitutes the violation
and the specific provision of this section that has been violated.
2.
Indicate whether the violator has a period of time to correct the
violation before a penalty is sought, as follows:
(a)
If the violation is deemed by the authorized enforcement officer
to be a minor violation pursuant to paragraph e below, notify the
violator that the activity or condition which constitutes the violation
must be corrected and compliance achieved within 30 days or, at the
discretion of the authorized enforcement officer, any other reasonable
period of time, not to exceed 180 days, to be determined based upon
the nature and extent of the violation and a reasonable estimate of
the time needed to correct the violation. The violator may request,
from the authorized enforcement office, an extension of the compliance
deadline in the enforcement action and the authorized enforcement
officer shall approve any reasonable request for an extension if the
violator can demonstrate that a good faith effort has been made to
achieve compliance.
(b)
If the violation is not deemed by the authorized enforcement
officer to be a minor violation pursuant to paragraph e below, notify
the violator that he or she will not be allowed a period of time to
correct the violation before a penalty is sought.
3.
Notify the violator that he or she may be liable to a civil penalty
of no more than $3,000 for the violation that is the subject of the
enforcement document.
4.
If the violation is deemed by the authorized enforcement officer
to be a minor violation pursuant to paragraph e below, notify the
violator that if he or she achieves compliance within the period of
time specified in the enforcement document, the authorized enforcement
officer shall not seek to collect a civil penalty from the violator
for that violation.
d.
The authorized enforcement officer may seek injunctive relief and/or
a penalty for a violation of this section or an order issued pursuant
thereto:
e.
A violation shall be considered a minor violation if:
1.
The violation is not the result of the purposeful, reckless, or criminally
negligent conduct of the violator; and
2.
The activity or condition constituting the violation has not been
the subject of an enforcement action by the authorized enforcement
officer against the violator within the immediately preceding 12 months.
f.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[Ord. No. 2012-11 § 5]
For the purposes of measuring sound in accordance with the applicable
provisions of these regulations, test equipment methods and procedures
shall conform to the provisions of N.J.A.C. 7:29-2.
[Ord. No. 2018-13]
For the purposes of this section, the following terms shall
have the meanings listed below.
This term means any officer of the New Jersey State Police
or Sussex County Sheriff's Office.
A nuisance exists when a person through action or omission
creates or permits any condition or thing to exist, which either:
Injures or endangers the comfort, repose, health or safety of
others;
Creates or allows to be created noxious odors or other odors
that are offensive to the senses;
Allows the escape into the open air from any stack, vent, chimney,
or any entrance to the open air, or from any fire into the open air
of such quantities of smoke, fly ash, dust, fumes, vapors, mists,
or gases as to cause injury, detriment or annoyance to the inhabitants
of this municipality or endanger their comfort, repose, health or
safety;
Allows or permits any condition which provides harborage for
rats, mice, and other vermin;
Allows trees, branches or limbs originating from ones'
property to remain on any public sidewalk so as to create an inconvenience
or danger to pedestrians or others using the sidewalk;
Results in the unlawful interference or obstruction of any public
or private street, alley, highway, sidewalk, stream, ditch or drainage,
or renders the use of same dangerous;
Results in conduct that would constitute maintaining a nuisance
under N.J.S.A. 2C:33-12;
Renders other persons insecure in life or the use of property;
or essentially interferes with the quiet enjoyment of life and property,
or tends to depreciate the value of the property of others;
Results in conduct that is a nuisance to the conduct of business;
Creates noise that is unreasonable in time, duration and volume
as to infringe on the surrounding party's quiet enjoyment of
their said property.
This term means any person employed by the Township, either
full or part time, or who works for the Township on an independent
basis and whose job duties include the enforcement of any ordinance,
regulation, code or statute or making inspection to ensure compliance
with any ordinance, regulation, code or statute. This includes, but
is not limited to, the zoning officer/official.
[Ord. No. 2018-13]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation of a nuisance.
[Ord. No. 2018-13]
In addition to the nuisances as defined in subsection 3-3A.1 and prohibited in subsection 3-3A.2 of this section, no person shall intentionally or willfully engage in conduct which interferes with, obstructs or otherwise unlawfully disrupts the lawful activities of any commercial or retail establishment or place of business located in the Township of Frankford.
[Ord. No. 2018-13]
Upon becoming aware of a nuisance as defined in this section,
any Township Official or Law Enforcement Officer is authorized to
issue a summons against the owner or occupant of the property where
the nuisance is emanating, or if not fixed, to the person responsible
for the nuisance.
[Ord. No. 2018-13]
In the event a person or entity is convicted for a violation
of this section the violator shall be subject to a fine set within
the range as specified below and depending on the offense as determined
by the Municipal Court Judge:
a.
For a first offense: The minimum fine shall be $100 for each violation
with a maximum fine of $300 for each violation;
b.
For a second offense: The minimum fine shall be $300 for each violation
with a maximum fine of $600 for each violation;
c.
For a third and subsequent offense: The minimum fine shall be $600
for each violation with a maximum fine of $1,000 for each violation.
d.
In addition to fines provided for in paragraphs a through c above,
the court may impose an additional fine for each day the violation
is not cured commencing on the court date. The amount of these daily
fines shall be the determined consistent with the amounts authorized
in paragraphs a through c.
e.
For purposes of this subsection 3-3A.5, a subsequent offense shall mean a subsequent violation occurring at the same property but not necessarily for the same condition. If one year should pass without a violation occurring on a property as determined by a conviction in court, any violation after that one-year period shall be considered a first offense.
f.
For any violation that is uncured after a conviction it shall be
deemed a continuing violation of the original summons and a daily
fine may be imposed without the necessity of issuing a further summons.
[Ord. No. 2018-13]
As an additional and cumulative enforcement right to the procedures and remedies set forth in Sections 3-3A.4 and 3-3A.5 of this section, the Township, or persons authorized by the Township, may, in the event of any violations of this section, enter upon the offending premises and remove, repair or alter any nuisance, hazard or dangerous structure or condition on such property, or otherwise abate any identified nuisance. Further, the Township may collect the costs of such removal or abatement, together with any penalty and costs as granted in summary proceedings, from the owner of the property or premises.
[Ord. No. 2018-13]
The Township may by means of a complaint filed in the New Jersey
Superior Court, Chancery Division or other appropriate Division of
this Court, obtain injunctive relief in order to compel the owner
or occupant of a structure or premises from where the nuisance is
emanating or originating, or the owner or operator of any equipment,
device or machinery which is the source of the nuisance, to abate
and cease the nuisance.
[1982 Code § 4-7.1; Ord. No. 2001-05]
As used in this section:
Shall mean, but not be limited to, minibikes, trail bicycles,
dirt bikes, motor scooters, go-carts, swamp buggies, all terrain vehicles,
including the three and four wheel variety, as well as any vehicle
designed primarily for off-road use, regardless of whether it is registered
under Title 39, the New Jersey Motor Vehicle Statute. The definition
of snowmobile and all terrain vehicle shall also include those terms
as defined under N.J.S.A. 39:3C-1 c & e.
[1982 Code § 4-7.1; Ord. No. 2001-05]
It shall be unlawful to operate any motor-driven vehicle of a type described in subsection 3-4.1 within the Township under any of the following circumstances:
a.
On private property of another without the express permission to
do so by the owner or occupant of the property.
b.
On any private street or right-of-way.
c.
On public grounds within the Township without the express permission
or approval of the public authority having charge or control thereof
and then only in accordance with such rules and regulations as such
public authority may impose.
d.
In such a manner as to create loud, unnecessary noise which either
annoys, injures, disturbs, or endangers the comfort, health, repose,
peace, or safety of others within the Township.
e.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety of any person or the property of
any person.
[1982 Code § 4-7.4; Ord. No. 2001-05]
Any person under the age of 18 years who shall violate any of
the provisions of this section shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
[Ord. No. 2001-05]
Any motor vehicle as defined under subsection 3-4.1 operated within the Township shall comply with all relevant provisions of N.J.S.A. 39:3C-1, et seq., including, but not limited to the registration provisions contained in N.J.S.A. 39:3C-3 and the "Unlawful Act" regulations contained in N.J.S.A. 39:3C-19.
[1982 Code § 4-7.3; Ord. No. 2001-05]
Any Law Enforcement Authority enforcing this section may impound
any motor-driven vehicle operated on public or private property in
violation of this section or any violation of applicable State law.
In cases involving persons under the age of 18 years old, the vehicle
may be returned to the operator's parent or legal guardian upon
payment of all costs and fees associated with the impoundment, which
may include but not be limited to storage fees. In the case of any
unregistered vehicle, the vehicle shall be released from impoundment
upon proof that the vehicle has been properly registered and insured
under the New Jersey Statutes and upon payment of all fees and costs
incurred in the impoundment including, but not limited to storage
fees.
[1982 Code § 4-7.5; Ord. No. 2001-05]
[1982 Code § 4-8.1]
a.
Prohibition. It shall be unlawful for any owner, possessor, or occupant
of land in the Township to store, place or permit to be stored or
placed upon such land, any automobiles not currently licensed or any
parts of any such automobiles or vehicles.
b.
Exceptions for Certain Properties. This section shall not apply to
vehicles in an enclosed building, a duly licensed junkyard operated
pursuant to all applicable regulations of the Township, or at a service
station which is operating pursuant to and in accordance with the
regulations of the Township in regard to said vehicles. This section
shall not apply to owners, possessors, or operators of trailers which
have been left in a duly licensed campground with the campground's
permission. A duly licensed campground will not be held liable for
trailers left on their property without permission.
c.
Exception for Permitted Activities. Any owner or occupant of land
may apply to the Township Committee for a permit to allow the keeping
in the open of an inoperable or unlicensed motor vehicle on his land
for a period not to exceed three months. The applicant must show that
the vehicle is to be used for educational purposes or that it will
be disassembled for parts within the three-month period. No such permit
may be renewed. The applicant shall pay a fee, which shall be established
by the Township Committee, to cover the costs of processing the application
and enforcement of the same.
[1982 Code § 4-8.2]
No persons shall abandon, park or leave standing any unlicensed
automobiles or any automobiles or parts of automobiles or vehicles
so in need of repair as to render them incapable of being readily
operated under their own power on lands of another without permission
of the owner, possessor or occupant of such land.
[1982 Code § 4-8.3]
No person shall abandon any automobile or motor vehicle on any
public street or road or on any public lands or place in the Township
except in an emergency situation. If said vehicle is abandoned in
an emergency situation the owner must notify the Township of the emergency,
the location of the vehicle, and how the vehicle is to be removed.
The said vehicle is to be removed within 24 hours of the abandonment
of the same.
[1982 Code § 4-8.4]
If any automobile or vehicle described in subsection 3-5.1a is left, placed, kept or stored on public lands, or private lands other than in an area exempted by subsection 3-5.1b or 3-5.1c for 15 days or more, it shall be presumed that the owner or tenant in possession of such lands stored it there or permitted it to be left, placed, kept or stored there, unless the contrary shall be shown.
[1982 Code § 4-8.5]
Upon a complaint of any resident or property owner of the Township
or upon a motion from the Zoning Officer, or other authorized Township
Official, the Zoning Officer shall make an investigation of the matter
complained of, and if it appears that a violation of one or more of
the provisions of this section exists on the land, the Zoning Officer
or other authorized Township Official shall notify the violator in
accordance with the provisions of this section.
a.
If the violation has occurred upon lands other than those exempted by subsection 3-5.1b or 3-5.1c notice shall be given to the owner, possessor, or occupant of the land in writing. The notice shall require the abatement of the violation within 10 days from the date of service of such notice. Such notice shall be served personally upon the owner, possessor, or occupant by handing a copy of it to such person, by leaving it at his usual place of abode with some member of his household over the age of 14 years, but if any such owner or possessor resides outside the Township, the notice shall be served upon him by registered or certified mail, addressed to him at his usual residence if same is ascertainable, otherwise such owner shall be served by notice published in the official newspaper of the Township.
b.
If the violation has occurred upon lands of a duly licensed campground,
notice shall be served upon the owner of the vehicle or trailer. If
the owner resides outside of the Township, notice shall be served
by registered or certified mail, addressed to the last known address
provided to the duly licensed campground in the latest rental agreement.
If the owner resides within the Township, such notice shall be served
in accordance with the personal service provisions of paragraph a
of this subsection.
[1982 Code § 4-8.6]
a.
Removal by Township. If the owner, possessor or occupant of the land
fails or refuses to abate or remedy the violation within 10 days,
the Township, through its servants, agents or employees, may enter
upon the land and premises for the purposes of removing such motor
vehicle or parts thereof. The Township shall take possession of any
such motor vehicle and proceed to dispose of it in accordance with
the provisions of N.J.S.A. 39:10A-1 et seq.
b.
Exception. This section shall not apply to owners, operators or possessors
of duly licensed campgrounds, or vehicles and trailers located on
such lands with the campground's permission. This section shall
apply to owners, operators or possessors of trailers or other motor
vehicles abandoned on a duly licensed campground without the campgrounds
permission.
[1982 Code § 4-8.7]
The Zoning Officer or other authorized Township Official shall
certify to the Township Committee the unrecovered amount of any costs
or expenses incurred by the Township in abating any condition existing
in violation of this section. If the Township Committee finds the
certification of costs to be correct, it shall cause the costs and
expenses as shown thereon to be charged against the lands. The amount
so charged shall become a lien on the lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon the 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.
[1982 Code § 4-8.8; New]
[Ord. No. 2005-14]
As used in this section means a nonmotorized device with
wheels propelled by human power and used as a means of conveyance,
excluding bicycles, tricycles, wheelchairs and roller skates. A skateboard,
for the purposes of this section, includes those devices commonly
known as a skateboard, or any variation thereof, including coasters
and scooters.
[Ord. No. 2005-14]
It is unlawful for any individual to ride or propel a skateboard
within or upon the following areas:
[Ord. No. 2005-14]
It is unlawful in any public area or street where skateboarding
is not otherwise prohibited, for any individual to ride or propel
a skateboard under any of the following conditions:
a.
In any position other than standing upright upon the skateboard;
b.
While holding on, or attaching either him or herself or the skateboard
to any other moving motor vehicle;
c.
At such a speed or in such a manner as reasonably evidences willful,
wanton or reckless disregard of the safety of others, or in any manner
which may put another individual in apprehension of physical harm.
[Ord. No. 2005-14]
b.
As an alternative, or in addition to the penalties provided in paragraph
a above, the operation of a skateboard in any manner or in any place
prohibited by this section is declared a public nuisance which may
summarily be abated by the law enforcement authority, by seizure and
impoundment of the skateboard, which seizure and impoundment shall
be subject to the following conditions:
1.
Seizure and impoundment may be for a period of time not to exceed
20 days.
2.
The impounded skateboard may be released to a parent, guardian or
other responsible adult under such reasonable conditions as may be
established by the law enforcement authority.
3.
The alternative of seizure, impoundment and release provided in this
subsection is only available for those incidents involving minors
who are under 18 years of age.
[1982 Code § 3-2.1]
It shall be unlawful for any person either for himself or as
agent or representative of another person, or as an officer or agent
of any corporation, or as a member of a partnership, with intent to
defraud, to make, draw, utter, or deliver any check, draft or order
for the payment of money in a sum not in excess of $200 upon any bank
or other depository, knowing at the time of so doing that the maker,
or drawer, has no funds or insufficient funds in or credit with, such
bank or other depository for the payment in full of such instrument
upon its presentation although no express representation is made in
reference thereto.
[1982 Code § 3-2.2]
The making, drawing, uttering or delivering of a check, draft
or order as stated in the foregoing subsection shall be prima facie
evidence of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in or credit with
such bank or other depository.
[Ord. No. 93-9]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Township pursuant to the Acts
of the Legislature of the State of New Jersey known as the "Bingo
Licensing Law" and the "Raffles Licensing Law," and in accordance
with the rules and regulations issued or to be promulgated by the
Legalized Games of Chance Control Commission in the Department of
State of the State of New Jersey. It shall be unlawful for any person
to operate or conduct any games of chance without first obtaining
a license from the Township Committee. All applications, licenses
and proceedings in connection therewith shall be subject to the provisions
of the Acts and the rules and regulations, and any laws, rules and
regulations hereafter enacted; and shall be further subject to the
provisions of this section.
[Ord. No. 93-9]
No licensee authorized by law shall hold, operate or conduct
any game of chance at the place where the game of chance is being
conducted under any license except between the hours of 9:00 a.m.
and 2:00 a.m. Games of chance may be operated on Sundays.
[Ord. No. 93-9]
No license to conduct a game of chance as authorized by law
shall be issued to any organization not having a bona fide status
established in good faith within the State of New Jersey and actively
engaged in serving one or more of the authorized purposes as defined
by the rules and regulations of the Legalized Games of Chance Control
Commission.
[Ord. No. 93-7]
a.
Raffles. The Frankford Township Committee hereby authorizes the conduct
of raffles on Sunday pursuant to the New Jersey Raffles Licensing
Law, N.J.S.A. 5:8-50 et seq.
b.
Bingo. The Frankford Township Committee hereby authorizes the conduct
of bingo on Sundays pursuant to the New Jersey Bingo Licensing Law,
N.J.S.A. 5:8-24 et seq.
[Ord. No. 2000-09 § 1]
In accordance with and pursuant to the authority of P.L. 1999
Ch. 185, the following is a list of school crossings which have been
so designated by the Township of Frankford: Pines Road.
[Ord. No. 2000-09 § 2]
The Drunk Driving Free School Zones Map, dated 7/14/00 and prepared
by Harold Pellow and Associates, P.E., the Township Engineer, is hereby
approved and adopted as an official finding and record of the location
areas within the municipality of property which is used for school
purposes and which is owned by or leased to any elementary or secondary
school or school board and of the areas on or within 1,000 feet of
such school property.
[Ord. No. 2000-09 § 3]
The Drunk Driving Free School Zones Map approved and adopted pursuant to subsection 3-10.2 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 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 drunk driving free school zones. The list of school crossings designated above by the Township Committee shall continue to constitute an official finding and record of the location of school crossing zones within the Township of Frankford until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in Frankford Township.
[Ord. No. 2000-09 § 4]
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 office of 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 or school board and which
is used for school purposes or of any additions or deletions to school
crossings.
[Ord. No. 2000-09 § 5]
The Township Clerk is hereby directed to receive and to keep on file the original map approved and adopted pursuant to subsection 3-10.2 and the list of school crossings 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 a copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this section shall be provided without cost to the Sussex County Clerk and to the office of the Sussex County Prosecutor.
[Ord. No. 2000-09 § 6]
The following matters are hereby determined, declared, recited
and stated:
It is understood that the map and list approved and adopted
pursuant to this section was prepared and is intended to be used as
evidence in the prosecutions arising under the criminal and traffic
laws of this State and that, pursuant to State law, such map and list
shall constitute prima facie evidence of the following:
a.
The location of elementary and secondary schools within the Township.
b.
The boundaries of the real property which is owned by or leased to
such schools or a school board.
c.
That such school property is and continues to be used for school
purposes.
d.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
e.
The location of all school crossings in the Township of Frankford.
[Ord. No. 2014-05 § 1]
As used in this section, the following words shall have the
following meanings:
Shall mean all areas between a floor and a ceiling, extending
to the outer perimeter walls of a structure.
Shall include all structures owned, leased, rented and/or
operated by the Township, and/or occupied by employees and used for
official business of the Township.
Shall include all public parks, playgrounds, ball fields,
swimming pools, plazas publicly owned or leased by the Township, and
all property owned or leased by the Township upon which the public
is invited or upon which the public is permitted and where individuals
gather for recreational activities, including all areas adjacent to
such facilities, including, but not limited to, sidewalks, any parking
area driveway or drive aisle.
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe, or any
other matter or substance which contains tobacco or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
[Ord. No. 2014-05 § 2]
a.
Smoking shall be prohibited at all municipal property as defined
herein. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each municipal
building entrance and within each closed area where smoking is prohibited
by this section. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
b.
Smoking shall be prohibited within a thirty-five-foot radius of all
entrances to any municipal property. No smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted both on the building and at the entrances of all municipal
property. The signs shall be clearly visible to the public and shall
contain letters or a symbol which shall also indicate that violators
are subject to a fine.
c.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Township and all property owned or leased by
the Township upon which the public is invited or upon which the public
is permitted and where individuals gather for recreational activities,
including all areas adjacent to such facilities, including, but not
limited to, any parking area, driveway or drive aisle, which have
been designated with no-smoking signs. No-smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted in all areas regulated by this section. The signs shall be
clearly visible to the public and shall contain letters or a symbol
which contrasts in color with the sign, indicating that smoking is
prohibited at the designated area. The sign shall also indicate that
violators are subject to a fine.
d.
Smoking shall be prohibited in any municipal vehicle registered to
the Township.
[Ord. No. 2014-05 § 3]
The enforcement authority of this section shall be the Zoning
Officer and/or his/her designees of the Township.
[Ord. No. 2014-05 § 3]
Any person who violates any provision of this section shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any municipal employee found in violation of this section may also
be subject to discipline in accordance with the provisions of Township
policies and procedures.
