City of Lambertville, NJ
Hunterdon County
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Table of Contents
Table of Contents
[1990 Code § 4-1.1]
As used in this section.
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage and collection receptacle provided by the owner or occupier of private premises.
COMMERCIAL HANDBILL
Shall mean any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature:
a. 
Which advertises for sale any merchandise, product, commodity or thing; or
b. 
Which directs attention to any business or mercantile or commercial establishment or any activity for the purpose of either directly or indirectly promoting the interest thereof by sale, or
c. 
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of the clause shall not apply where an admission fee is charged or a collection is taken for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by a law of this State or under any ordinance of this City; or
d. 
Which, while containing reading matter other than advertising matter is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the profit, benefit or gain of any person so engaged as advertiser or distributor.
LITTER
Shall mean garbage, refuse or rubbish and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law. Any newspaper duly entered with the post office department of the United States in accordance with Federal statute or regulation and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definition of a commercial handbill or newspaper.
PARK
Shall mean a park, reservation, playground, recreation center or any other public area of the City or other public entity devoted to active or passive recreation by the public.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PLURAL
Shall mean and include the singular number and words used in the singular number shall include the plural number.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Shall mean any and all streets, roads, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds and building.
VEHICLE
Shall mean every device in and upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
[1990 Code § 4-1.2]
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City, except in public receptacles for collection.
[1990 Code § 4-1.3]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, alley, or other public place or upon private property.
[1990 Code § 4-1.4]
a. 
No person shall sweep into or deposit in any gutter, street or public place within the City the accumulation of litter from any building or lawn or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep any sidewalk in front of their premises free of litter.
b. 
Litter in Public Places Prohibited. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.
[1990 Code § 4-1.5]
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the City or upon private property.
[1990 Code § 4-1.6]
a. 
No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any sidewalk, street, or other public place within the City. Nor shall any person distribute or sell any commercial handbill or newspaper in any public place, provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the City for any person to hand out or distribute without charge to the receiver thereof any noncommercial handbill or newspaper to any person willing to accept it.
b. 
Placing on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any vehicle, provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill or newspaper to any occupant of a vehicle who is willing to accept it.
c. 
Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill or newspaper in or upon any private premises which are temporarily or continuously uninhabited or vacant. Subsection 4-1.7 shall apply hereto.
d. 
Posted Property. No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper upon any private premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements" or any similar notice indicating in any manner that the occupant of the premises does not desire to have their right of privacy disturbed or to have any such handbills or newspapers left upon such premises. Subsection 4-1.7 shall apply hereto.
e. 
Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill or newspaper in or upon private premises which are inhabited, except by handing or transmitting the same directly to the owner, occupant or other person then present in or upon such private premises. Provided, however, that in the case of inhabited private premises which are not posted as provided in this section such person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill or newspaper in or upon such inhabited private premises if the same is so placed or deposited as to secure or prevent the same from being blown about such premises or sidewalks, streets or other public places, and the same is not placed upon the surface of the ground. Mailboxes may not be used when so prohibited by Federal postal law or regulations, but private boxes may be used when so provided.
[1990 Code § 4-1.7]
The provisions of this section shall not apply to the distribution of mail by the United States or its agents or legally authorized deliverers.
[1990 Code § 4-1.8]
No person shall throw or deposit litter on any occupied private property within the City 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.
[1990 Code § 4-9.3]
Person in control of any private property shall at all times maintain the premises free of litter. Provided, however that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
[1990 Code § 4-1.10]
No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not.
[1990 Code § 4-1.11]
Any person who violates this section shall, upon conviction, be liable to the penalty set forth in Chapter 1, Section 1-5.
[1990 Code § 4-2.1]
It is hereby declared to be a nuisance and it shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or upon any public street, alley or thoroughfare in the City, any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are physically annoying to persons, or which are so harsh or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the City of Lambertville, or any number thereof.
[1990 Code § 4-2.2; Ord. No. 2003-17; Ord. No. 03-2013]
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
a. 
Radios, Televisions, Phonographs. The playing of any radio receiving set, television, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearings of the person playing, using or operating such instrument or device and any persons who are voluntary listeners thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
b. 
Loudspeakers, Amplifiers for Advertising. The playing, for advertising purposes or for the purpose of attracting the attention of the passing public, or of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound on the streets or public places in the City or in any place where the sound therefrom is cast directly upon the streets or public places, or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises.
c. 
Sound Trucks. The playing, for advertising purposes or for any other purpose whatsoever, on or upon the public streets, alleys or thoroughfares in the City, of any device known as a sound truck, loudspeaker or sound amplifier, or radio or phonograph with a loudspeaker or sound amplifier, or any other instrument known as a calliope, or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon the streets or public places aforementioned. Nothing contained herein shall prohibit any official agency of the State of New Jersey or its political subdivisions from operating a sound truck for any official purpose, provided, however, that the agency desiring to operate such truck shall first notify the Chief of Police of the times and places of such proposed operation.
d. 
Horns, Signaling Devices. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except when required by law or when necessary to give timely warning of impending danger to persons driving other vehicles or to persons upon the street; as well as the sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicles which shall emit an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.
e. 
Construction and Utility Vehicles and Equipment. Individuals, corporations, companies and utilities utilizing vehicles and equipment in connection with the construction or demolition of buildings, roadways or other structures or projects shall be limited in the use of such equipment or vehicles between the hours of 7:00 a.m. and 9:00 p.m. and from 9:00 a.m. to 9:00 p.m. on Sundays, except in the case of emergencies to be declared by either the Mayor, Police Director or Director of Emergency Management. Snow plowing activities are specifically exempt from this paragraph.
[1990 Code § 4-3.1; Ord. No. 06-2017]
Whenever the Mayor shall find it necessary and expedient for the preservation of public health, safety, general welfare or to eliminate a fire hazard, the Mayor shall direct the City Clerk to notice the property owner or tenant of lands lying within the limits of the City to remove from their lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, or debris within 10 days after notice in writing to remove the same is sent.
[1990 Code § 4-3.2]
Any person refusing or neglecting to comply with the notice sent to them and refusing or neglecting to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within the time provided for the notice shall, upon conviction, be liable to the penalty set forth in Chapter 1, Section 1-5.
[1990 Code § 4-3.3]
In addition to the penalty stated in Chapter 1, Section 1-5, if any owner or tenant of such lands shall refuse or neglect to comply with the notice so sent to them and to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within the time provided for in the notice, the Director of Public Works shall cause the same to be removed under his direction. The Director of Public Works shall certify the costs thereof to the Mayor and Council, who shall examine the certificate and if found correct, shall cause the costs as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon the land and shall be added to and form part of the taxes next to be assessed and levied upon the land, to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
[1990 Code § 4-4.1; Ord. No. 18-2011]
No person shall consume or offer to another for consumption, any alcoholic beverages, on or upon:
a. 
Any public street, sidewalk, park, playground or in, on or upon any land or building owned or occupied by any Federal, State, County or municipal government.
b. 
Any place to which the public at large is invited, provided that nothing herein shall be construed to prohibit the consumption or sale of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee, or the consumption of wine within a bona fide restaurant.
[1990 Code § 4-4.2; Ord. No. 18-2011]
No person shall have in his possession or possess any alcoholic beverage in, on or upon:
a. 
Any public street, sidewalk, park, playground, or in, on or upon any land or building owned or occupied by any Federal, State, County or municipal government unless the same is contained within a closed or sealed container.
b. 
Any place to which the public at large is invited unless the same is contained within a closed or sealed container, provided that nothing herein shall be construed to prohibit the possession of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee, or the possession of wine within a bona fide restaurant.
[1990 Code § 4-4.3; Ord. No. 18-2011]
Notwithstanding anything contained in this section to the contrary, the Mayor and City Council, may by motion and application being made therefor, permit the possession and consumption of alcoholic beverages within premises not covered by a plenary retail consumption license, for special functions or social events. This permission, if granted, shall be consistent with the Alcoholic Beverage Control Law and the regulations enacted pursuant thereto, and such further conditions as may be imposed by the Mayor and City Council.
[Ord. No. 18-2011]
It is unlawful for any person under the legal age to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
[Ord. No. 18-2011]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
Shall mean the underage person's parent, grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
[Ord. No. 18-2011]
a. 
This section 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 the legal age to purchase and consume alcoholic beverages.
b. 
This section shall not prohibit the possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who was licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary educational institution, however, this section 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 law against a person that is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 18-2011]
a. 
Any person found guilty of violating the terms of this section shall be subject to a fine of $250 for the first offense and $350 for any subsequent offense. Upon a finding of guilt, the court may also suspend or postpone for six months the person's driving privileges in addition to the authorized fine. Upon the conviction of any person and suspension or postponement of the person's driver's license, the court shall forward a report to the New Jersey Motor Vehicle Commission ("Commission") stating the first and last day of the suspension or postponement imposed by the court pursuant to this section. If a person at the time of the 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 this sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. If the person at the time of the imposition of the 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 a report. If for any reason, the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person as well as the first and last date of the license suspension imposed by the Court.
b. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent charge of violation of N.J.S.A. 39:3-40.
c. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege for the person based on the age of the person and submit to the Commission the required report. The court shall not collect the license of the nonresident convicted under this section.
[1990 Code § 4-6.1; Ord. No. 2007-08]
As used in this section:
RECREATION VEHICLE
Shall mean a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance. This definition shall include but not be limited to mobile homes, camping and/or tents cars.
TRAILER
Shall mean every vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. This definition shall include but not be limited to vehicles that tow other motor vehicles, boats, animals and/or flat-bed, or any enclosed type vehicle used to transport either persons or property upon public roadways. Said definition shall also include open or enclosed trailers commonly utilized by contractors to store or transport tools, equipment and/or other materials.
[1990 Code § 4-6.2; Ord. No. 2007-08]
It shall be unlawful for any person to park any trailer or recreation vehicle on any street in the City in violation of any section regulating the parking of vehicles or for any period longer than eight hours.
[1990 Code § 4-6.3; Ord. No. 2007-08]
It shall be unlawful for any person to park any trailer or recreation vehicle on any premises within the limits of the City except for the purpose of repairs, storage or sale, and any such trailer or recreation vehicle shall not, during any such period of repairs, storage or holding for sale, be used by any person as a dwelling or sleeping place for a period of longer than seven days in any one calendar year.
[1990 Code § 4-6.4]
Trailer parks, tourist camps, camp parks and trailer camps are hereby prohibited within the limits of the City.
[Ord. 6/1/22; Ord. 4/12/82; 1990 Code §§ 4-7.1—4-7.3; New]
The sale, use and possession of fireworks in the City of Lambertville shall be prohibited pursuant to N.J.S.A. 21:3-2.
[1990 Code § 4-7.2]
No toy cannon, pistol or other fire arm, instrument, contrivance or device producing an explosion either by ignition or concussion through the use of gunpowder or other explosive substance; and no torpedo, firecracker, squib or fireworks of any character shall be at any time discharged or set off in the City.
[1990 Code § 4-7.3]
Unless otherwise provided by law, any person violating this section shall, upon conviction, be liable to the penalty as stated in Chapter 1, Section 1-5.
[1990 Code § 4-8]
No person shall resist, obstruct or interfere with any police officer of the City of Lambertville in the performance of their duty, nor shall any person disobey the lawful and reasonable order or instructions of any such officer.
[1990 Code § 4-9.2]
The Mayor and Council of the City of Lambertville hereby finds there has been a significant breakdown in the supervision normally provided by certain parents and guardians for juveniles under 18 years of age resulting in juveniles being involved in a wide range of unacceptable behavior including vandalism, noisy and rowdy behavior, breaking and entering, public drinking and littering, and harassment of residents.
The Mayor and Council further finds that the offensive activities of the juveniles are not easily controlled by existing laws and ordinances because the activities are easily concealed whenever police officers are present and that the establishment of reasonable curfew regulations will enable the community to better control the free and unobstructed access to the streets and public places by the majority of residents and will enable the police to act reasonably and fairly to prevent the violation of laws and ordinances by juveniles.
The Mayor and Council further finds and has determined that a curfew meets a very real local need and that curfew ordinances in other communities have been a significant factor in minimizing juvenile delinquency. A curfew in Lambertville is particularly appropriate in view of the basic residential nature of the community and the sense of the community that there is a proper time for the cessation of outdoor activities of juveniles. That sense of the community is reflected in the curfew hours declared by this section, which takes into consideration also the danger hours for nocturnal crime and for accumulations of juveniles with potential risks incident to immaturity.
The Mayor and Council further finds that the community is not overcrowded and that there has been a decrease in the school population over the past years. Commercial recreational facilities are limited and there is little or nothing for juveniles to do outdoors but roam the streets after the curfew hours which this section establishes.
Lambertville is basically a family community. Parental responsibilities for the whereabouts of children is the accepted norm by a substantial majority of the community. Legal sanctions to enforce such responsibility have had a demonstrated effectiveness in many communities over the years. The Mayor and Council has determined that as parental control increases there is a likelihood that juvenile delinquency decreases, that there is a need for nocturnal curfew for juveniles in Lambertville and that the establishment of a curfew applicable to juveniles will reinforce the primary authority and responsibility of parents and guardians over juveniles in their care and custody.
[1990 Code § 4-9.2]
As used in this section:
Age shall mean years of age continued from one birthday to, but not including the day of the next such that a person who has not completed 17 years of life is deemed to be 16 years of age.
JUVENILE OR MINOR
Shall mean any person under the age of 18 or, in equivalent phrasing often herein employed, any person 17 years of age or younger.
PARENT
Shall mean any person having legal custody of a juvenile as:
a. 
A natural or adoptive parent.
b. 
A legal guardian.
c. 
A person who stands in loco parentis.
d. 
A person to whom legal custody has been given by order of court.
REMAIN
Shall mean to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups, or of interacting minors, totaling four or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in this section so that this is not a mere prohibitory or presence type curfew ordinance. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulation.
STREET
Shall mean a way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term street includes the legal right-of-way, including but not limited to the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots for other grounds found within the legal right-of-way of a street. The term street shall also include shopping areas, parking lots, public buildings and similar areas that are open to the use of the public such as bridges, alleys, parks, recreational and athletic areas.
TIME
Shall mean time of night referred to herein is based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Savings Time, generally observed at that hour by the public in the City, prima facie the time then observed in the City administrative offices and police station.
[1990 Code § 4-9.3]
It shall be unlawful for any person 17 years of age or younger, under 18, to be or remain in or upon the streets within the City of Lambertville at night during the period ending at 6:00 a.m. and beginning:
a. 
At 11:00 p.m. on Friday and Saturday nights, and
b. 
At 10:00 p.m. on all other nights.
[1990 Code § 4-9.4]
a. 
Exemptions. The nocturnal hours proscribed by subsection 4-9.3 is intended to provide the maximum limits or regulations and a clear general guide for minors, their parents and their fellow-citizens. A minor on a City street during the proscribed hours shall not, however, be considered in violation of this section:
1. 
Accompanied by Parent. When accompanied by a parent of such minor.
2. 
Accompanied by Authorized Adult. When accompanied by an adult authorized by a parent of such minor to take such parent's place in accompanying the minor for a designated period of time and purpose within a specified area.
3. 
First Amendment Rights. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. The juvenile shall evidence the bona fides of such exercise by first delivering to the person designated by the Police Director to receive such information, at the Police Headquarters, 18 York Street, a written communication, signed by the juvenile with his or her home address and telephone number, specifying when, where and in what manner the juvenile will be on the streets at night, during hours when the curfew restrictions are otherwise applicable to the minor, in the exercise of the First Amendment right described in such communication.
4. 
Reasonable Necessity. In case of reasonable necessity for a juvenile remaining on the streets, but only after the juvenile's parent has communicated to the Police Director to receive such notifications the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose, including points of origin and destination. A copy of the communication, or of the police record thereof, duly certified by the Police Director or his designee to be correct, with an appropriate notation of the time it was received and of the names and addresses of the parent and juvenile, shall be admissible evidence.
5. 
In Front of House. When the juvenile is on the sidewalk of a place where such juvenile resides, or on the sidewalk of either next door neighbor not communicating an objection to the police.
6. 
Returning Home from Authorized Activity. When returning home, by a direct route from, and within one hour after the termination of a school or City sponsored activity, or an activity of a religious or other association, of which prior notice, indicating the place and probable time of termination, has been given in writing to, and duly filed for immediate reference by, the Police Director or officer assigned by him on duty at the police station.
7. 
Special Permit. When authorized by special permit from the Police Director carried on the person of the juvenile thus authorized, as follows:
(a) 
When necessary nighttime activities of a juvenile may be inadequately provided for by other provisions of this section recourse may be had to the Police Director, either for a regulation as provided in paragraph a,8 or for a special permit as the circumstances warrant.
(b) 
Upon the findings of necessity for the use of the streets to the extent warranted by a written application signed by the juvenile and by a parent of the juvenile, if feasible, stating:
(1) 
The name, age and address of the juvenile.
(2) 
The name, address and telephone number of a parent thereof.
(3) 
The height, weight, sex, color of eyes and hair and other physical characteristics of the juvenile.
(4) 
The necessity which requires the juvenile to be present on the public streets, and the beginning and ending of the period of time involved by date and hour.
The Police Director may grant a permit in writing for the use by the juvenile of streets at such hours as in the opinion of the Police Director may reasonably be necessary. In an emergency this may be accomplished by telephone or other effective communication, with a corresponding record being made contemporaneously by the Police Director, or by the person designated by the Police Director to act on his behalf in an emergency, at the police station.
8. 
Special Regulations. When authorized by regulation issued by the Police Director in other similar cases of reasonable necessity, similarly handled but adapted to necessary nighttime activities of more juveniles than can readily be dealt with on an individual special permit basis. Such regulation by the Police Director permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as the schools. It shall define the activity, the scope of the use of the streets permitted, the period of time involved, not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that the regulation is reasonably necessary and is consistent with the purposes of this section.
9. 
Employment. When the juvenile carries a certified card of employment, renewable each calendar month when the current facts so warrant, dated or reissued not more than 45 days previously, signed by the Police Director and briefly identifying the juvenile, the addresses of his home and of his place of employment, and his hours of employment.
10. 
Motor Vehicles. When the minor, with parental consent, is traveling in a motor vehicle or alighting therefrom and proceeding to his home directly. It is the intention of this provision to clearly exempt bona fide interstate movements along major routes through the City of Lambertville and interstate travel beginning or ending in the City of Lambertville.
11. 
Medical. When the minor is engaged in an errand involving a medical emergency.
b. 
Further Exemptions. Each of the foregoing exceptions, and their several limitations, such as provisions for notification, are severable, as hereinafter provided but here reemphasized, will be considered by the City Council as warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, parents, officers and persons in authority concerned positively with juveniles as well as with juvenile delinquency.
[1990 Code § 4-9.5]
It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to be or remain upon any City street under circumstances not constituting an exception to, or otherwise beyond the scope of, this section. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that the parent was completely indifferent to the activities or conduct or whereabouts of such juvenile.
[1990 Code § 4-9.6]
a. 
Review. Police procedures shall constantly be refined in the light of experience and may provide that the Police Officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances, for example, a juvenile of tender age near home whose identity and address may readily be ascertained or are known.
b. 
Reports. A Police Officer discharging an enforcement obligation under this section shall file a written report with the Police Director or shall participate to the extent of the information for which he is responsible in the preparation of a report on the curfew violation. It is not the intention of this subsection to require extensive reports that will prevent Police Officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by Police Departmental personnel other than sworn Police Officers.
c. 
Released Juvenile. When a parent or guardian, immediately called, has come to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the juvenile may temporarily be entrusted to an adult relative, neighbor or other person who will, on behalf of a parent or guardian, assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.
d. 
Notification of Parent; Questioning of Juvenile. If a Police Officer reasonably believes that a juvenile is on the streets in violation of this section, the officer shall notify the juvenile that (s)he is in violation of this section and shall require the juvenile to provide his/her name, address and telephone number and how to contact his/her parent or guardian. In determining the age of the juvenile and, in the absence of convincing evidence such as a birth certificate, a Police Officer on the street shall, in the first instance, use his/her best judgment in determining age. The normal procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be questioned. This is intended to permit ascertainment under constitutional safeguards of relevant facts, and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experience personnel and access to information and records.
e. 
Notice of Violation. In the case of a first violation by a juvenile, the Police Director shall, by certified mail, send to the parents or guardians of the minor written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance, including enforcement of parental responsibility and of applicable penalties.
[1990 Code § 4-9.7]
a. 
Parents. If, after receipt of a warning notice, pursuant to subsection 4-9.6e, of a first violation by a juvenile, a parent violates subsection 4-9.5 (in connection with a second violation by the juvenile) this shall be treated as a first offense by the parent. For the first parental offense a parent shall be fined $25 and shall perform community service of a period of five days, and for the second parental offense the fine shall be $50 and he or she shall perform 10 days of community service. For each subsequent offense the parent shall perform community service of not less than 25 nor more than 90 days and shall pay a fine of not less than $100 nor more than $1,000.
b. 
Juveniles. Any juvenile who shall violate any of the provisions of this section more than three times shall be reported by the Police Director to the juvenile authorities as a juvenile in need of supervision and the Police Director may proceed to file charges with the Hunterdon County Family Court, as he may deem appropriate. The juvenile shall also perform community service together with the parent.
[1990 Code § 4-10.3]
a. 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the City of Lambertville.
b. 
Self-service tobacco displays are prohibited in all retail establishments.
[Ord. #95-16, § 4-10.4]
All tobacco vending machines and self-service tobacco displays made unlawful by the terms of this section shall be removed within 30 days from the effective date of Ordinance No. 25-16 establishing the prohibition, adopted on December 18, 1995.
[Ord. #95-16, § 4-10-5]
HEALTH OFFICER
Shall mean the representative of the Hunterdon Council Health Department assigned to the City of Lambertville.
RETAIL ESTABLISHMENT
Shall mean any place or business that sells to the public at retail.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use. Shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokens or other form of payment, dispenses tobacco products.
VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
[Ord. #95-16, § 4-10.6]
a. 
Whenever the Health Officer or his designee reasonably believes there exists a violation of this section, he may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
b. 
The Health Officer, or his designee, or any other person charged with enforcement of this section, after giving proper identification, may inspect any matter, thing, premises, person, record vehicle, incident or event as necessary.
c. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee, who may request the assistance of the Lambertville Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
d. 
Citizens may bring complaints against violators of this section.
[Ord. #95-16, § 10-4.7]
This section shall be liberally construed for the protection of the health, safety and welfare of the residents of the City of Lambertville.
[Ord. #95-16 § 4-10.8]
a. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the City of Lambertville or before such other judicial officer having authority under the laws of the State of New Jersey.
b. 
Each sale of tobacco to a person under the age of 19 years of age shall constitute a separate violation.
c. 
Any fine imposed as a result of action by the Health Officer shall be paid to the County of Hunterdon.
d. 
The Board of Health may suspend the Retail Food Establishment License of any person convicted of violation of this section for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
[1990 Code § 4-11.1; Ord. No. 2003-10]
Hours of use for all public park areas regulated by the City of Lambertville shall be as follows:
a. 
From May 1 to October 31, the park areas will be open from 7:00 a.m. until 9:00 p.m. prevailing time.
b. 
From November 1 through April 30, the park areas will be open from 7:00 a.m. until 7:00 p.m. prevailing time.
[1990 Code § 4-11.2]
Persons or organizations must submit a written request for use of the park no less than 30 days in advance to the Recreation Commission. A copy of all approvals will be filed with both the Police and the Public Works Departments.
[1990 Code § 4-11.3]
The Recreation Commission may waive any regulation above and authorize use of the park for special events sponsored by a recognized community group.
[1990 Code § 4-11.4]
It shall be unlawful for any person to feed nondomesticated animals on any public lands owned or controlled by the City of Lambertville.
[1990 Code § 4-11.5]
It shall be unlawful for any person to feed nondomesticated animals on any private land which has public access upon the written request of the owner.
[Ord. No. 2003-11]
It shall be unlawful for any vehicle to be parked in any areas of the City parks including the designated parking lots for more than 24 consecutive hours without advanced written permission from the Lambertville Police Department.
[Ord. No. 19-2014]
It is unlawful to urinate or defecate in any public area, public place or within view of the public.
[Ord. No. 19-2014]
Any person adjudged guilty of a violation of the provisions of this Section 4-12 shall, upon conviction thereof in the Municipal Court, be punished by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days and/or a period of community services for not more than 90 days, at the discretion of the Court.
[Ord. No. 19-2014]
The provision of this Section 4-12, in addition to other methods of enforcement provided by law, may be enforced by the issuance of a Notice of Violation by any member of the Police Department.
[Ord. No. 19-2014]
The enforcement provisions of this Section 4-12 shall not apply to the following individuals who may not be able to adequately control the bodily functions that control urination or defecation:
a. 
Children 10 years of age or younger;
b. 
Persons of any age who violate this Section 4-12 due to a verified medical and/or psychiatric condition.
[1990 Code § 4-13.1]
As used in this section:
INOPERABLE VEHICLE
Shall mean any vehicle which cannot be started upon the request of the Zoning Officer or any Police Officer or cannot be lawfully driven or for any other reason will not run. A vehicle shall also be considered inoperable if the owner refuses to start it.
PERSON OR OWNER
Shall mean any individual person, group of persons, partnership, corporation, firm or association or any other entity.
[1990 Code § 4-13.2]
A vehicle which has remained on or along any highway or other public property or on private property with or without the consent of the owner or other person in charge of such private property for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle.
[1990 Code § 4-13.3]
No person shall park, leave or store an abandoned, inoperable, unlicensed or uninspected motor vehicle, truck trailer or automotive parts on any public lands or premises except in case of emergency and then for a period of not more than 48 hours. In any event, the owner or operator of such motor vehicle, truck trailer or automotive parts shall immediately notify the Police Department when such emergency exists.
[1990 Code § 4-13.4]
No person shall park, leave, store or maintain any abandoned, inoperable, unlicensed or uninspected motor vehicle, truck trailer or automotive parts upon any private lands or premises.
[1990 Code § 4-13.5]
a. 
Exceptions. This section shall not apply to any motor vehicle, truck trailer or automotive part that is:
1. 
Located or stored on lands and premises of a new or used car dealer or service station while for sale more than six months; or
2. 
On the premises and associated with the lawful operation of a commercial garage; or
3. 
Any motor vehicle which has a current "Antique Motor Vehicle" license plate issued by the Motor Vehicle Commission; or
4. 
Vehicles or parts used for farming or agricultural purposes or industrial or mining purposes; or
5. 
Located on premises owned or occupied by the owner of the inoperative vehicle where such vehicle is actually in the process of being restored and/or repaired in accordance with the provisions of paragraph b below.
b. 
Exclusions.
1. 
Nothing herein contained shall prohibit the placing, keeping or storage of a single unregistered motor vehicle with a valid certificate of ownership (title), per resident in the rear of the residential private property.
2. 
Any residential property owner, or persons having the permission of a residential property owner, who intends to maintain an unregistered automobile on his or her property shall apply for a permit to allow for the placing, keeping and storage of said motor vehicle.
3. 
In the case of an individual not owning the residential property in question, the owner of record of said property must give his or her permission in affidavit form. The affidavit shall contain the consent of the property owner, the signature of the property owner and the name, address and phone number of the person to contact in connection with the permit.
4. 
No more than one unregistered vehicle at a time shall be allowed on the residential property.
5. 
The permit applies to automobiles, pickup trucks and motorcycles only. No permits will be issued for buses, trailers or commercial vehicles.
6. 
Together with the application, the residential property owner or his designee shall produce a valid certificate of ownership (title) for said vehicle prior to receiving approval of the permit.
7. 
This section shall be administered and enforced by the Zoning Officer of the City of Lambertville.
[1990 Code § 4-13.6]
a. 
When a violation of this section is observed on private property or public property other than a highway, notice shall be sent by certified mail by the Zoning Officer to the owner and/or occupier of the premises in the case of private property.
Such notice shall describe the violation and provide the recipient(s) with 10 days from the date of the notice within which to correct the violation. After the expiration of the ten-day period, each day that the violation continues shall be considered a separate offense. When the abandoned vehicle is found on a highway, the provisions of N.J.S.A. 39:4-56.1 et seq. shall apply.
b. 
The notice shall describe, in addition to the violation, any action necessary to correct the violation. Further, the notice shall state that each day after the deadline expressed in the notice shall constitute a separate offense. The notice shall be sufficient in regard to the owner of an inoperable vehicle where his address is determined from the Motor Vehicle Commission of the State of New Jersey or any other jurisdiction. Notice to the landowner shall be sufficient where the name and address of such owner is determined from the latest tax duplicate of the Tax Assessor of the City. Notice to the occupier shall be sufficient where a copy of the notice is posted in a conspicuous place on the private property on which the inoperable vehicle is located and a duplicate copy is sent to the occupier of the private property at this last known address. Such notices shall be served either personally or by ordinary mail.
[1990 Code § 4-13.7]
a. 
If the violation described in the notice is not remedied within the time period set forth therein, it may be taken into possession and removed from the premises where the vehicle is found to be on public property or constitutes a nuisance. It shall be unlawful for any person to interfere with, hinder or refuse to allow the entry upon private property for the removal of the inoperable vehicle in question.
b. 
Within 48 hours of the removal of such inoperable vehicle, notice shall be given to the owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that the inoperable vehicle has been impounded and stored as a result of the violation of this section. Such notice shall give the location of the inoperable vehicle so removed and the name and address of the contractor responsible.
c. 
Any inoperable vehicle taken into possession as provided in this section shall be disposed of as provided in N.J.S.A. 39:10A-1 et seq., unless the same is redeemed by its owner prior to any sale under such statute.
[1990 Code § 4-13.8]
a. 
Any person who shall violate the provisions of this section shall be subject to the penalties stated in Chapter 1, Section 1-5 of this Code.
b. 
Any vehicle which has been towed and impounded shall not be released until all fines and towing fees have been paid.
[1990 Code § 4-5.1]
Pursuant to the provisions of the Bingo Licensing Law, and particularly under the authority of N.J.S.A. 5:8-31, pertaining to the conduct of the game of chance commonly known and designated as "bingo," there is hereby authorized in the City the conduct of bingo games of chance on the first day of the week commonly known and designated as "Sunday."
[1990 Code § 4-5.2]
The conduct of bingo games on Sunday shall be subject to all provisions of the Laws of the State of New Jersey applicable thereto and to the rules and regulations promulgated from time to time by the Legalized Games of Chance Control Commission and to such other regulatory actions which may be lawfully taken from time to time by any authorized agency or political subdivision of the State of New Jersey.
[Ord. No. 15-2017 § 1]
This section authorizes the City of Lambertville to govern the maintenance of vacant or abandoned property in the City of Lambertville, establishing registration requirements and levying a registration fee on owners of vacant properties.
[Ord. No. 15-2017 § 1]
CREDITOR
Means a State chartered bank, savings and loan association or credit union, any person or entity required to be licensed under the provisions of the "New Jersey Residential Mortgage Act," P.L. 2009, c. 53 (C.17:11C-51 et seq.), any foreclosing entity subject to the provisions of C.46:10B (P.L. 2008, c. 127, Sec. 17 as amended from time to time) and any entity acting on behalf of the creditor named in the debt obligation including, not limited to, services.
OWNER
Includes the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provision of N.J.A.C. 46:10B-51 (P.L. 2008, c. 127, section 17) or any other entity determined by the City of Lambertville.
VACANT AND ABANDONED PROPERTY
Any building used or to be used for residential or commercial purposes which is not legally occupied or at which substantially all lawful construction operations or occupancy has ceased, provided, however, that any property that contains all building systems in working order, is fully compliant with our property maintenance codes, and is being actively marketed by its owner for sale or rental, shall not be deemed vacant.
Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78, et seq.; and/or N.J.S.A. 2A:50-73 residential real estate, where notice of violation has been issued pursuant to N.J.S.A. 40:48-2.12s(1)(b); and/or where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
a. 
Overgrown or neglected vegetation;
b. 
The accumulation of newspapers, circulars, flyers or mail on the property;
c. 
Disconnected gas, electric, or water utility services to the property;
d. 
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e. 
The accumulation of junk, litter, trash or debris on the property;
f. 
The absence of window treatments such as blinds, curtains or shutters;
g. 
The absence of furnishings and personal items;
h. 
Statements of neighbors, association management, delivery person, or government employees indicating that the residence is vacant and abandoned;
i. 
Window or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired;
j. 
Doors to the property that are smashed through, broken off, unhinged or continuously unlocked;
k. 
Risk to health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or physical destruction or deterioration of the property;
l. 
An uncorrected violation of a municipal building, housing or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
m. 
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
n. 
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property;
o. 
Any other reasonable indicia of abandonment.
Residential properties shall not be considered "Vacant and Abandoned" if, on the property:
a. There is an unoccupied building which is undergoing construction, renovation or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations and statutes;
b. There is a building occupied on a seasonal basis, but otherwise secure; or
c. There is a building that is secure, but is the subject of a probate action, action to quiet title or other ownership dispute.
[Ord. No. 15-2017 § 1]
The owner of any building that has become vacant property, and any person maintaining, operating or collecting rent for any such building that has become vacant shall within 30 days:
a. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the code of the City of Lambertville.
b. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of the process, and the person responsible for day-to-day supervision and management of the building, if such a person is different from the owner holding title or authorized agent. The sign shall be of a size and place in such a location so as to be legible from the nearest public street or sidewalk, whichever is near, but shall be no smaller than 18 inches by 24 inches.
c. 
Secure the building from unauthorized entry and maintain a sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete.
d. 
Post the property with "No Trespassing" signs or a nature sufficient to give notice to any person entering upon the property that is against the laws to enter the property without permission of the owner.
e. 
Ensure that the vacant property is inspected on a monthly basis by the owner's authorized agent and prepare inspection reports, which shall be forwarded to the Construction Officer or the Mayor's designee no later than the last day of each month.
f. 
Ensure that the vacant property is maintained in accordance with all property maintenance ordinances of the City of Lambertville.
g. 
The owner of any vacant building shall acquire and otherwise maintain liability insurance by procuring a vacancy policy in an amount of not less than $300,000 for buildings designed primarily for use as residential units and not less than $1,000,000 for any other building including, but not limited to buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. The owner shall attach evidence of the insurance to the owner's registration statement. Any registration statement submitted that does not include such evidence shall not be deemed to be a valid registration which shall subject the owner to penalties under this section.
[Ord. No. 15-2017 § 1]
The Mayor and City Council may issue rules and regulations for the administration of the provision of this section.
[Ord. No. 15-2017 § 1]
a. 
Any Owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Each day during which any violation of this section continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property.
b. 
For purpose of this section, failure to file a registration statement on time, failure to provide correct information on the registration statement, failure to submit inspection reports, failure to comply with the provisions of this section, or such other matters as may be established by the rules and regulations of the Construction Department, Zoning Officer, or the Police Department, or any other agent as authorized by the Mayor or his designee, shall be deemed to be violations of this section.
[Ord. No. 15-2017 § 1]
Nothing in this section is intended nor shall be read to conflict or prevent the City of Lambertville from taking action against buildings found to be unfit for human habitation or unsafe structures as provided in applicable provides of the Lambertville City Code, 2014.
[Ord. No. 15-2017 § 1]
Any funds collected as vacant property registration fees in excess of the funds necessary to operate and enforce the provisions of this section shall be used at the discretion of the Mayor and City Council.
[Ord. No. 15-2017 § 2]
Pursuant to the provisions of the New Jersey Creditor Responsibility Law (P.L. 2014, c.5), a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and/or abandoned, whether filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property.
[Ord. No. 15-2017 § 3]
If the Zoning Officer or other authorized municipal official, determines that a creditor obligated to care, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of the Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is "vacant and abandoned" for purpose of N.J.S.A. 2A:50-73.
[Ord. No. 15-2017 § 4]
An out-of-State creditor shall include the full name and contact information of the in-State representative or agent in the notice required to be provided to the Municipal Clerk pursuant to paragraph one of N.J.S.A. 46:10B-51. An out-of-State creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in paragraph one of N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that an action to foreclose on the property has been filed.
[Ord. No. 15-2017 § 5]
For violation of any provision of this section, the penalty, upon conviction, shall be a minimum fine of $100 and a maximum fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day on which such violation exists shall constitute a separate violation. The court before which any person is convicted of violating this section shall have the power to impose a penalty, pursuant to N.J.S.A. 26:3-70 et seq. and the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.(1)), of not more than $500 nor less than $5. A creditor required to care for, maintain, secure, and keep up a property under this Section cited in notices issued pursuant to this Section shall be subject to a fine of $2,000 for each day of the violation. The penalties set forth in this section are separate and apart from the remedy provided for in the New Jersey Statutes Annotation, N.J.S.A. 40:48-2.13 and 40:48-2.14. The remedy in this section shall be in addition to all remedies available to the City in laws or in equity.
[Ord. No. 15-2017 § 6]
If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
[Ord. No. 15-2017 § 7]
Effective July 1, 2017, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Municipal Clerk on forms provided by the municipality for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
a. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number and email address (if applicable) of a person 21 years or older, designated by the owner or owners as authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceedings on behalf of such owner or owners in connection with the enforcement of any applicable code, and the name, street address, telephone number, and email of the firm and the actual name(s) of the first individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four hour per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
c. 
The registration shall remain valid for one year from the date of registration except for the initial registration which shall expire December 31 of the year registered. The owner shall be required to renew the registration annually as long as the building remains vacant and/or abandoned property and shall pay a registration or renewal fee in the amount prescribed in subsection 4-15.14, for each vacant property registered.
d. 
The annual renewal shall be completed by January 1 of each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
e. 
The owner shall notify the Municipal Clerk's Office within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the City of Lambertville for such purpose.
f. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement preceding or court proceeding instituted by the City of Lambertville against the owner or owners of the building.
[Ord. No. 15-2017 § 8]
The initial registration fee for each building shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000. The fee for filing amendments is $50 per amendment.
[Added 10-17-2019 by Ord. No. 26-2019]
No person, shall within the City of Lambertville:
a. 
Be loud, unruly, unmanageable, riotous, uncontrollable or disorderly in any public place or quasi-public place so as to cause a disturbance or annoyance to neighbors, adjacent property owners or other persons within a reasonable proximity;
b. 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor;
c. 
Willfully or maliciously ring or sound or cause to be rung or sounded any bell, siren or other alarm to give false impression of a fire or emergency;
d. 
Appear on any street, road, avenue, park or other parks, including in vehicles parked on the same in a state of nudity.
e. 
Remove or interfere with or disturb any lantern, warning signal, obstruction or barricade lawfully placed in or across any public street by a public authority, its contractors, agents, servants or employees.
f. 
Cause damage to public property, including, but not limited to, playgrounds, government buildings or driving on park property.
As used in this section, the following terms have the following meanings:
PERSON
Wherever appropriate in connection with the context, includes corporation, partnership, association and individual and shall include the plural.
Unless otherwise provided by law, any person violating this section shall, upon conviction, be liable to the penalty as stated in Chapter 1, § 1-5.