[1967 Code § 4-6.1; Ord. No. 23-2011]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this subsection have the same meaning
as those defined in N.J.A.C. 7:29-1.1.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, including demolition of buildings or
structures.
Shall mean any dismantling, destruction or removal of buildings,
structures or roadways.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any work or action necessary to deliver essential
public services, including but not limited to repairing water, gas,
electricity, telephone, sewer facilities or public transportation
facilities, removing fallen trees on rights-of-way, dredging navigational
waterways or abating life-threatening conditions.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) that has a duration of less than one second.
Shall mean any vehicle that is propelled other than by human
or animal power on land.
Shall mean a properly functioning sound-dissipative device
or system for abating the sound of escaping gases on equipment where
such a device is part of the normal configuration of the equipment.
Shall mean any building comprising two or more dwelling units,
including but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
Shall mean any distinct parcel of land that is used for more
than one category of activity. Examples include but are not limited
to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Shall mean an employee of a local, county or regional health
agency which is certified pursuant to the County Environmental Health
Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or a municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
Shall mean any sound that can be detected by a person using
his or her unaided hearing facilities. As an example, if the sound
source under investigation is a portable or personal vehicular sound
amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The noise control officer need not determine the title, specific
words or the artist performing the song.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased or controlled by
a nongovernmental entity.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased or controlled by
a governmental entity.
Shall mean any real property or structures thereon that are
owned, leased or controlled by a governmental entity.
Shall mean either the imaginary line, including its vertical
extension, that separates one parcel of real property from another,
the vertical and horizontal boundaries of a dwelling unit that is
part of a multi-dwelling-unit building or, on a multi-use property,
the interface between the two portions of the property on which different
categories of activity are being performed (e.g., if the multi-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area).
Shall mean any day that is not a Federal holiday and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Shall mean beginning on Friday at 6:00 p.m. and ending on
the following Monday at 7:00 a.m.
[1967 Code § 4-6.2; Ord. No. 23-2011]
a.
This noise section applies to sound emanating from the following
property categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[1967 Code § 4-6.3; Ord. No. 23-2011]
a.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety and the quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and whereas the people have a right to, and
should be ensured of, an environment free from excessive sound, now
therefore, it is the policy of the Borough of Pitman to prevent excessive
sound that may jeopardize the health, welfare and safety of the citizens
or degrade the quality of life.
b.
This subsection shall apply to the control of sound originating from
sources within the Borough of Pitman.
[1967 Code § 4-6.4; Ord. No. 23-2011]
a.
The provisions of this section shall be enforced by Noise Control
Officers. A person shall be qualified to be a Noise Control Officer
if the person meets the criteria set forth in the definition above
and completes, at frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
is offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
b.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform to the procedures set forth in paragraphs b and c of subsection 3-1.5 and with the definition of "real property line" as contained herein.
c.
Noise Control Officers shall have the power to:
1.
Coordinate the noise control activities of all departments in the
Borough of Pitman and cooperate with all other public bodies and agencies
to the extent practicable.
2.
Review the actions of the Borough and advise of the effect, if any,
of such actions on noise control.
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section.
4.
Investigate and pursue possible violations of this section for sound levels which equal or exceed the sound levels set forth in Tables I and II when measured at a receiving property located within the designated jurisdiction of the Noise Control Officer, in accordance with subsection 3-1.5 below.
5.
Cooperate with Noise Control Officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
[1967 Code § 4-6.5; Ord. No. 23-2011]
a.
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in paragraph a of subsection 3-1.2 above in such manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in paragraph b below.
b.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b).2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
c.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a residential
unit of the same building) or multi-dwelling-unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multi-dwelling-unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
d.
Impulsive Sound. Impulsive sound shall not equal or exceed 80 decibels
at all times.
Tables I and II may be found as an attachment to this chapter.
[1967 Code § 4-6.6; Ord. No. 23-2011]
a.
Exceptions.
b.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below.
1.
Noncommercial or nonindustrial power tools and landscaping and yard
maintenance equipment shall not be operated between the hours of 8:00
p.m. and 8:00 a.m. unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or nonindustrial power tools and landscaping and yard maintenance
equipment.
2.
Commercial or industrial power tools and landscaping and yard maintenance
equipment, excluding emergency work, shall not be operated on a residential
property, or within 250 feet of a residential property line when operated
on commercial or industrial property, between the hours of 6:00 p.m.
and 7:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00
a.m. on weekends or Federal holidays unless such activities can meet
the limits set forth in Tables I and II. In addition, commercial or
industrial power tools and landscaping and yard maintenance equipment,
excluding emergency work, utilized on commercial or industrial property
shall meet the limits set forth in Tables I and II between the hours
of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these
activities shall be operated with a muffler. At all other times, the
limits set forth in Tables I and II do not apply to commercial or
industrial power tools and landscaping and yard maintenance equipment.
3.
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal
holidays unless such activities can meet the limits set forth in Tables
I and II. All motorized equipment used in construction and demolition
activity shall be operated with a muffler. At all other times, the
limits set forth in Tables I and II do not apply to construction and
demolition activities.
4.
Motorized snowblowers, snow throwers and lawn equipment with attached
snowplows shall be operated at all times with a muffler.
5.
An exterior burglar alarm of a building or motor vehicle must be
activated in such a manner that the burglar alarm terminates its operation
within five minutes for continuous airborne sound and 15 minutes for
impulsive sound after is has been activated.
6.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.
7.
Personal vehicular music amplification or reproduction equipment
shall not be operated in such a manner that it is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 10:00 p.m. and 8:00 a.m.
8.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator.
[1967 Code § 4-6.7; Ord. No. 23-2011]
a.
Violation of any provision of this section shall be cause for an
enforcement document to be issued to the violator by the Noise Control
Officer according to procedures set forth at N.J.A.C. 7:29-1.7. The
recipient of an enforcement document shall be entitled to a hearing
in the municipal court having jurisdiction to contest such action.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than $3,000 or as
set forth in N.J.A.C. 7:29-1.7. If the violation is of a continuing
nature, each day during which it occurs shall constitute an additional,
separate and distinct offense.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person of for injury or damage arising from any violation of this
section or from other law.
d.
The Police Department of the Borough of Pitman may enforce the provisions
of this section.
[Ord. No. 08-9 § 4-5.1; Ord. No. 24-2011]
The Borough of Pitman finds that the reduction of litter is
an important public concern to protect public health, safety and welfare
and to implement the requirements of the New Jersey Department of
Environmental Protection Clean Communities Program.
[Ord. No. 08-9 § 4-5.2; Ord. No. 24-2011]
As used in this section:
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar match or any flaming or glowing material or any garbage,
trash, refuse, debris, rubbish, grass clippings or other lawn or garden
waste, newspapers, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 08-9 § 4-5.3; Ord. No. 24-2011]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property other
than a litter receptacle.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator, owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 08-9 § 4-5.4; Ord. No. 24-2011]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
as that, at a minimum, there shall be no linear quarter mile without
a receptacle; buildings held out for use by the public, including
schools and government buildings; parks, drive-in restaurants; all
street vendor locations; self-service refreshment areas; construction
sites; gasoline service station islands; shopping centers; parking
lots; and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles so that adequate containers
are available.
[Ord. No. 08-9 § 4-5.5; Ord. No. 24-2011]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle parts, rubber tires, appliances,
furniture, or private property, except by written consent of the owner
of the property, in any place not specifically designated for the
purpose of solid waste storage or disposal.
[Ord. No. 08-9 § 4-5.6; Ord. No. 24-2011]
It shall be unlawful for any property owner to store or permit
the storage of any bulky household waste, including but not limited
to household appliances, furniture and mattresses, except in a fully
enclosed structure.
[Ord. No. 08-9 § 4-5.7; Ord. No. 24-2011]
It shall be unlawful to any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. No. 08-9 § 4-5.10; Ord. No. 24-2011]
a.
The Borough Council shall designate one or more enforcement officers
with authority to enforce the provisions of this section. The enforcement
officers shall be officers or employees of the Borough government.
b.
The Police Department of the Borough of Pitman may enforce the provisions
of this section.
[Ord. No. 08-9 § 4-5.11; Ord. No. 24-2011]
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violations hall be sentenced by
the Municipal Court to an additional fine as a repeat offender. The
additional fine imposed by the Municipal Court for a repeated offense
shall not be less than the minimum or exceed the maximum fine fixed
for a violation of this section, but shall be calculated separately
from the fine imposed for the original violation of this section.
Whenever such person shall have been officially notified or by service
of a Summons in a prosecution, or in any other official manner, that
the person is committing a violation, each day that the continuance
of such violation exists after such notification shall constitute
a separate offense, punishable by a like fine or penalty.
[1967 Code § 4-4; Ord. No. 24-2011]
No person or persons shall case or place, or cause to be cast
or placed, any advertisement, handbill, circular or paper on any public
street, or on the sidewalks thereof, or into any vestibules or yards,
or upon porches of any dwelling house or other buildings, or into
any vehicle while on the public highway, or private property; provided,
however, that this section shall not apply to newspapers and addressed
envelopes delivered to subscribers and addresses. Advertisements,
handbills, circulars and papers may be distributed in the Borough,
provided the same are securely placed at each dwelling so as not to
be blown away by the wind.
[1967 Code § 4-2; Ord. No. 24-2011]
No person without proper authorization shall fasten any sign
or notice to any tree or utility pole in any public right-of-way within
the Borough of Pitman.
[Ord. No. 08-18 § 6; Ord. No. 24-2011]
No person shall dump, permit to be dumped or discard any vegetative
material, landscape material and/or construction material such as,
but not limited to, mulch, soil, sand, dirt, stones, concrete, etc.,
on any public street, sidewalk, highway, cartway, right-of-way or
parking lot.
[Ord. No. 08-9 § 4-5.9; Ord. No. 24-2011]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of the construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas and to maintain and empty the
receptacles in such a manner and with such a frequency as to prevent
spillage or refuse.
[1967 Code § 4-23.1; Ord. No. 24-2011; Ord. No. 25-2011; Ord. No. 6-2018]
No person shall consume, serve, allow or permit the consumption
of alcoholic beverages in the Borough, unless they meet the requirements
set forth in subsection (d) below;
a.
While in or upon a public street, lane, sidewalk, public park, public
parking lot, or public place.
b.
In a private motor vehicle while such vehicle is parked upon any
public street, lane, public park, public parking lot or public place.
c.
While on any private property, not his own, without express permission
from the owner, tenant or other lawful occupant thereof.
d.
Alcohol consumption may be permitted on Borough property when appropriate
and permitted with prior approval from the Borough of Pitman. Approval
is determined on a case-by-case basis via an application for a Special
Event Permit allowing alcohol consumption on public property. For
each such event, Pitman Borough Council must review and approve a
separate Special Event Permit at a public meeting. Approval is contingent
upon obtaining appropriate insurance for such an event. Any applicant
for any such permit shall be based in or of the Borough of Pitman.
Any alcohol served and consumed must comply with the standards set
forth by the NJABC including a Social Affairs Permit and Catering
Permit as appropriate. Please note that many permits require 90 days'
notice.
[1967 Code § 4-23.2; Ord. No. 24-2011]
No person shall have in his or her possession any open container
of alcoholic beverages at any of the places where consumption of alcoholic
beverages is prohibited by this section.
[1967 Code § 4-23.3; Ord. No. 24-2011]
No person shall consume any alcoholic beverage or discard any
beverage container of any nature whatsoever upon any public street,
lane, sidewalk, public park, public parking lot, public place or upon
any private property not his own without the express permission of
the owner, tenant or lawful occupant thereof.
[1967 Code § 4-23.4; Ord. No. 24-2011]
[1967 Code § 4-31.1; Ord. No. 24-2011]
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property.
[1967 Code § 4-31.3; Ord. No. 24-2011]
a.
Any person who violates any provision of this section shall, in accordance
with the provisions of N.J.S.A. 40:48-1.2, be punished by a fine of
$250 for a first offense and $350 for any subsequent offense.
b.
Additional Penalties.
1.
In addition to the fine authorized for this offense, the court may
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 N.J.S.A. 40:48-1, as amended. If a person at the time of the imposition
of sentence is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
2.
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 Motor Vehicle 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 date of the license suspension period imposed by the Court.
3.
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. A 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 a written notice shall not be defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
4.
If a 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 it to the Motor Vehicle Commission on the required report.
The court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report for the court, the Motor
Vehicle Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[1967 Code § 4-31.4; Ord. No. 24-2011]
a.
Nothing contained in this section is intended, nor shall it be construed,
as prohibiting an underaged person from consuming or possession 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.
As used in paragraph a above, the following terms shall mean:
c.
Nothing contained in this section is intended nor shall it be construed
as prohibiting possession of alcoholic beverages by any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the 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; provided, however, that 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
who is convicted of unlawful alcoholic beverage activity on or at
premises licensed for the sale of alcoholic beverages.
[1967 Code § 4-30.1; Ord. No. 24-2011]
All cigarette vending machines are hereby prohibited in the
Borough of Pitman.
[1967 Code § 4-30.2; Ord. No. 24-2011]
Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his or her control, upon conviction, shall be liable to the penalties stated in Chapter 1, Section 1-5. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.
[1967 Code § 4-29.1; Ord. No. 24-2011]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug Free School Zone Map produced on or about March
1, 1988 by the Borough of Pitman Engineer, is hereby approved and
adopted as an official finding and record of the location and areas
within the Borough 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.
The drug free school zone map approved and adopted 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 drug free school
zones.
[1967 Code § 4-29.2; Ord. No. 24-2011]
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 Borough Engineer
and the Borough 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.
[1967 Code § 4-29.3; Ord. No. 24-2011]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-13.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Gloucester County Prosecutor.
[1967 Code § 4-29.4; Ord. No. 24-2011]
The map approved and adopted pursuant to subsection 3-13.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and pursuant to State law such map shall constitute prima facie evidence of the following:
a.
The location of elementary and secondary schools within the Borough.
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.
[1967 Code § 4-29.5]
a.
School Ownership. All of the property depicted on the map approved
and adopted herein as school property was owned by a school or school
board and was being used for school purposes as of July 9, 1987, the
effective date of N.J.S.A. 2C:35-7.
b.
Use of Other Evidence to Establish Violations. Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-13.1
c.
Errors and Omissions in Map. The failure of the map approved herein
to depict the location and boundaries of any property which is, in
fact, used for school purposes and which is owned by or leased to
any elementary or secondary school or school board, whether the absence
of such depiction is the result of inadvertent omission or the result
of any changes in the location and boundaries of such property which
have not yet been incorporated into a revised approved map, shall
not be deemed to be an official finding and record that such property
is not owned by or leased to a school or school board or that such
property is not used for school purposes.
[1967 Code § 4-29.6; Ord. No. 24-2011]
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a drug-free school zone
map have been complied with.
[1967 Code § 4-8A.1; Ord. No. 24-2011]
As used in this section:
Shall mean all costs associated with a discharge within the
boundaries of the Borough of Pitman, which shall include labor and
material for the removal of hazardous substances or taking of reasonable
measures to prevent or mitigate damages to the public health, safety
or welfare of the residents of the Borough of Pitman, including the
lands, private and public, therein.
Shall mean any intentional or unintentional action or omission
resulting in the release, spill, leak, emission, dump or disposal
of hazardous substances into the waters or lands within the Borough
of Pitman or outside the Borough when damage may result to the water
or lands inside the Borough.
Shall mean all elements and compounds, including petroleum
products set forth within N.J.S.A. 58:1-23.11b, as amended, except
that sewage and sewage sludge shall be considered hazardous substances
for the purpose of this section.
Shall mean any individual, public or private corporations,
companies, associations, societies, firms, partnerships or joint-stock
companies.
[1967 Code § 4-8A.2; Ord. No. 24-2011]
Any person who shall discharge hazardous substances within the
Borough of Pitman shall be strictly liable for up to three times the
total of all cleanup and removal costs incurred by the Borough of
Pitman or its agencies and employees.
[1967 Code § 4-8A.3; Ord. No. 24-2011]
Upon assessment of cleanup and removal costs, the person assessed
may, within 10 days of receipt of such assessment, make a written
request for a hearing before the Borough Council exclusively upon
the reasonableness of the amount assessed.
[1967 Code § 4-8A.4; Ord. No. 24-2011]
The person responsible for the discharge shall be liable for
all reasonable attorney's fees and costs incurred in the collection
of cleanup and removal costs.
[Ord. No. 08-9 § 4-5.8; Ord. No. 24-2011]
Storage of Vehicles. It shall be unlawful for any residential
property owner to park or permit the parking of any vehicle on his
or her residential lawn.
[Ord. No. 08-18 § 4; Ord. No. 24-2011]
It shall be unlawful in any residential zone for any person
to permit or to have parked or stored on any public street or right-of-way
any unregistered motor vehicles, recreational vehicles, commercial
vehicles, motor homes, travel trailers, campers, boats, trailers,
jet skis, snowmobiles, or other such construction, contractor, tractor-trailer
unit, either singly or in combination, school buses, commercial landscaping,
industrial equipment and material such as, but not limited to, bulldozers,
graders, dump trucks, rollers, tree and stump chippers and grinders,
lawn mowers, fertilizer spreaders, tillers, construction and other
building materials and equipment.
[1967 Code § 4-27; Ord. No. 08-18 § 5; Ord. No. 24-2011]
No person shall authorize, permit, allow or consent to the repair,
service or overhaul of any motor vehicle, of any description, upon
any public parking lot, highway, street, alley or right-of-way within
the Borough of Pitman except when such repairs are necessary in an
immediate emergency. Emergency repairs necessary to place the vehicles
in operation may be made upon the public highway, street, parking
lot, alley or right-of-way, provided that the emergency repairs are
completed in less than 60 minutes, or unless an extra period of time
has been granted by a member of the Police Department at the time
of the emergency.
[1967 Code § 4-19.1; Ord. No. 24-2011]
a.
Prohibited Use. Except for use upon dedicated roads and streets,
it shall be unlawful for any person to use or operate unlicensed motor
vehicles or licensed motor vehicles upon Borough owned land which
is hereinafter described.
b.
Unlicensed Motor Vehicles and Licensed Motor Vehicles shall mean
and refer to any of the following, but need not necessarily be limited
to those vehicles as herein set forth.
Motorcycles, motor scooters, motor bicycles, dune buggies, trail
bikes, minibikes, go-carts, racing go-carts, racing minibikes, racing
scooters, and any other vehicles designed for the transportation of
the driver, passengers or products and propelled by an internal-combustion
engine or other type of engine, either licensed or unlicensed.
c.
Borough Owned Land shall mean any parks, ball parks, recreation areas,
lake areas, Borough owned streets, easements and sidewalks or areas
dedicated or commonly used for vehicular or pedestrian traffic, Borough
storage facilities, Borough garage area, pet parks, Board of Education
properties and any and all other Borough and publicly owned lands
and premises.
[1967 Code § 4-19.2; Ord. No. 24-2011]
It shall not be unlawful for any Borough employee, school board employee or other public employee to operate motored vehicles for the purpose of maintaining, repairing or doing work for the public, the Borough or the Board of Education on any such lands as described in subsection 3-20.1.
This section shall not be applied in any recognized organization
which has applied to the Borough of Pitman for specific use privileges
to specified Borough owned land and premises for the sole purpose
of holding organized and supervised rallies, races or meets, so long
as an insurance policy is filed with the Borough Clerk, for which
the Mayor and Borough Council have given their specific approval and
for which the Borough of Pitman shall be held harmless for any such
use of its lands and premises.
See also N.J.S.A. 39:10A-1 et seq. for additional provisions
for abandoned and unclaimed vehicles.
[1967 Code § 4-26.1; Ord. No. 24-2011]
As used in this section:
Shall mean and include any motor vehicle, omnibus, road tractor,
trailer, truck, truck tractor and vehicle which:
Has remained on or about private property without the consent
of the owner or other person in charge of such property for a continuing
period of more than 10 days; or
Does not have current license plates or registration; or
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of 10 days.
Shall mean any vehicle which is no longer in actual use as
a motor vehicle or such vehicle as is incapable of being operated
safely or being put in a safe operational condition except at a cost
in excess of the value thereof.
Shall have the meaning stated and defined in N.J.S.A. 39:1-1
et seq.
Shall mean any individual, firm, partnership or corporation
being the owner or having any legal right in, or to the motor vehicle
or other vehicle as herein defined.
Shall mean the work performed or to be performed upon any
vehicle, including, but not limited to, motors, ignition systems,
transmission, drive train, electric system or body or fender work.
[1967 Code § 4-26.2; Ord. No. 24-2011]
It shall be unlawful for any person to store, or permit to be stored, on any property in the Borough an abandoned or junk vehicle, as defined herein, out of doors upon any private lands in the Borough, except as set forth in subsection 3-21.3. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other building, or in accordance with any provisions of the zoning regulations of the Borough.
[1967 Code § 4-64.3; Ord. No. 24-2011]
Any person may keep on his/her own private property a vehicle
which would otherwise be classified as abandoned for 30 days, provided
that such vehicle is being kept for repair or sale. The property owner
must immediately register such motor vehicle with the Chief of Police.
No more than one such vehicle may be so kept on the private land.
[1967 Code § 4-26.4; Ord. No. 24-2011]
a.
Complaint; Investigation. Upon complaint of any resident or property
owner of the Borough, or any employee of the Borough, the Chief of
Police, or his/her designated agent, shall make an investigation of
the conditions complained of and report thereon, in writing as to
the conditions found.
b.
Notice to Remove. Upon receiving such report, if the property in
question about which the complaint was made is found to be in violation
of this section, the Chief of Police, or his/her agent, shall notify
the owner or possessor of the property, personally or by mail, to
take steps to effectively remove the violation from the property within
10 days after receipt of such notice.
[1967 Code § 4-26.5; Ord. No. 24-2011]
The Chief of Police, or his/her designated agent, shall reinspect
such lands after the 10 day period shall have expired, and, if it
is found that a condition complained of and previously found to exist
in violation of this section has not been abated or remedied, such
member of the Police Department shall remove or secure the removal
of such vehicle to a garage or place for impounding. The person owning
the vehicle shall pay the reasonable cost of removal before regaining
possession of the vehicle.
[1967 Code § 4-26.6; Ord. No. 24-2011]
a.
Costs of Removal and Impounding. Any person who violates the provisions
of this section shall, in addition to such other penalties as may
be prescribed, pay all costs of removal and impounding. In the event
that the violator is a property owner, such costs and such other fines
and penalties as may be levied in accordance with this section shall
become a lien upon his/her property in accordance with law and be
collected in the manner ascribed and established for the collection
of liens.
b.
Injunctive Relief. A continuance of a violation or a noncompliance
with the provisions of this section shall be deemed a nuisance, and
the Borough Council shall have the right to apply to the courts of
this State for injunctive or other relief in addition to the penalties
provided herein.
[1967 Code § 4-28.1; Ord. No. 24-2011]
It shall be unlawful for any residential property owner to store
or permit the storing of any vehicle on his/her residential lawn.
[1967 Code § 4-28.2; Ord. No. 24-2011]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. No. 24-2011]
The purpose and intent of this section is to assist law enforcement
officers in recovering stolen precious metals and/or gems by requiring
minimum reporting requirements for jewelry dealers and/or pawnbrokers.
[Ord. No. 24-2011]
As used in this section:
Shall mean any person, partnership, corporation or other
entity, including jewelry dealers and/or pawnbrokers, who purchase
precious metals or gems from the public and sells or otherwise exchanges
or trades the precious metals or gems for resale, or makes appraisals
of the precious metals or gems or otherwise conveys, melts down or
alters said precious metals or gems in any form, and further includes
anyone advertising the purchase or sale of any of the aforementioned
items.
Shall mean any person under the age of 18 years.
Shall mean gold, silver, platinum and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
Shall mean any individuals and retail sellers of gems and
precious metals, not to include wholesale transactions or transactions
between other merchants.
Shall mean not only the exchange of money for precious metals
or gems, but also the exchange or trading of any other tangible or
intangible property for precious metals and/or gems.
[Ord. No. 24-2011]
Every merchant within the Borough of Pitman shall, upon the
purchase of any precious metals from the public, be required to do
as follows:
a.
Require identification of the person with whom he or she is transacting
business.
b.
Record on a numbered receipt the name, address and telephone number
of the purchaser; the name, address and telephone number of the seller
or sellers; the time and date of the transaction; the net weight in
terms of pounds (Troy) or kilograms/grams of the precious metals;
fineness in terms of karats for gold, and sterling or coin for silver,
in accordance with N.J.S.A. 51:5-1 et seq. and 51:6-1 et seq.
c.
Supply to the Chief of Police of the Borough of Pitman, within two days from the date of the purchase, on a form approved by the Borough of Pitman, the information contained in subsections a and b above, and the following:
1.
A physical description of the seller.
2.
The receipt number.
3.
A full description of the item or items purchased, including but
not limited to marks, numbers, dates, sizes, shapes, initials and
monograms.
4.
The price paid for the item.
5.
The form must be signed by the seller and initialed by the Clerk
who made the transaction.
d.
The precious metals are to be made available for inspection by the
Chief of Police of the Borough of Pitman or his or her designated
representative for a period of five days from the date the information
required above is received by the Chief of Police on the approved
form. The precious metals shall remain in the same condition as when
purchased and shall not be changed, modified, melted or disposed of
by the purchaser until the five day period has expired. During this
five day period, the precious metals shall be placed in public view
at the purchaser's place of business. If the property is such that
it would create a hardship on the merchant by holding the precious
metals for such period, the merchant may present the property to the
Chief of Police or his or her representative in order that it may
be photographed and, if deemed necessary by the Chief of Police or
his or her designated representative, and investigation be implemented.
The Chief of Police or his or her designated representative has the
authority to grant a waiver of the requirement under this section.
[Ord. No. 24-2011]
This section shall not apply to purchases made by jewelers or
other merchants from wholesalers or other suppliers, but shall only
apply to those purchases made from the public or other retail purchases.
The merchant shall keep records of all wholesale purchases for a period
of six months from the date of such purchase, which records shall
be opened to investigation by the Borough of Pitman Police Department.
[Ord. No. 24-2011]
No merchant within the Borough of Pitman shall purchase any
precious metals from any person under the age of 18 years.
[Ord. No. 24-2011]
[1967 Code § 4-17.1; Ord. No. 24-2011]
It shall be unlawful within the limits of the Borough for any
person to discharge or fire any firearm, as defined by N.J.S.A. 2C:39-1f,
or to fire or otherwise discharge any hunting-type arrow, except as
hereinafter set forth.
[1967 Code § 4-17.2; Ord. No. 24-2011]
Nothing in this section shall restrict any authorized Police
Officer, Sheriff, United States Marshal and all other officers enumerated
in N.J.S.A. 2C:39-6a from discharging a firearm while in the performance
of their legal and sworn duties.
[1967 Code § 4-17.3; Ord. No. 24-2011]
The Chief of Police is authorized to provide for and issue special
permits and has the right and duty to impose reasonable rules and
regulations for the discharge of firearms for the purpose of firearms
training, target practice, turkey shoots and activities of a similar
nature when he determines that the health, safety and welfare of the
Borough will not be impaired and such use shall not interfere with
or disturb the citizens of the Borough.
[1]
Editor's Note: Former Section 3-26, Curfew, previously codified
herein and containing portions of Ordinance Nos. 10-4 and 24-2011,
was repealed in its entirety by Ordinance No. 20-2014.
[1967 Code § 4-13.2; Ord. No. 24-2011; amended 5-9-2022 by Ord. No. 4-2022]
No person shall manage, operate or engage in any professional
games, sports, plays, performances or shows between the hours of 1:00
a.m. and 8:00 a.m. on any day during the week. Public events with
or without admission, sporting events and movies may be held on Sundays
after the hour of 12:00 noon. Upon application and for good cause
shown Borough Council may permit limited operation prior to 8:00 a.m.
but not before 5:00 a.m. within the Uptown Business District of the
Borough of Pitman.
[1967 § Code § 4-13.3; Ord. No. 24-2011]
No place of public amusement shall be held open for business
after Sunday, 1:00 a.m., or between the hours of 1:00 a.m. and 8:00
a.m. on any day during the week.
[1967 Code § 4-15; New; Ord. No.
24-2011]
[Ord. No. 24-2011]
As used in this section:
Shall mean any conveyance upon which a person may ride, propelled
wholly or in part by human muscular power and having two tandem wheels.
[Ord. No. 24-2011]
a.
No person shall operate a bicycle upon the sidewalks within the boundaries
of the Historic Preservation District, as defined in this Code.
b.
No person shall operate a bicycle within the Borough parking lot.
c.
No person shall leave a bicycle lying or standing upon the sidewalk
in such a manner as to hinder or impede pedestrians.
d.
No person shall attach or secure a bicycle to any street sign post,
traffic signal pole, utility pole, light post or other similar fixed
object not suited for bicycle storage.
[Ord. No. 24-2011]
Any person over the age of 18 years who violates any provisions
of this section shall, upon conviction thereof, be punished by a fine
not exceeding $100 or imprisonment for a term not exceeding 90 days,
or both.
Editor's Note: Ord. No. 8-2021 amended Section 3-38 in entirety. Prior history includes Ord. No. 1-2011 and Ord. No. 24-2011.
[Amended 8-9-2021 by Ord.
No. 8-2021]
a.
The Legislature of the State of New Jersey in N.J.S.A. 40:48-2, provides
that the governing body of a municipality may make, amend, repeal,
and enforce such ordinances, regulations, rules and by-laws not contrary
to the laws of this State or of the United States, as it may deem
necessary and proper for the good of government, order and protection
of person and property, and for the preservation of the public health,
safety and welfare of the municipality and its inhabitants, and as
may be necessary to carry into effect the powers and duties conferred
and imposed by any law; and said Legislature in N.J.S.A. 26:3D:55,
et seq., known and cited as the "New Jersey Smoke-Free Air Act, provides
for prohibitions regarding smoking, and therein, by N.J.S.A. 26:3D-63,
expressly authorizes municipalities to enact ordinances under the
authority of N.J.S.A. 40:48-1 or 40:48-2, or by any other statute
or regulation adopted pursuant to law for the purposes of protecting
life and property from fire or protecting public health, and prohibiting
smoking, and further, expressly authorizes municipal ordinances to
provide restrictions on or prohibitions against smoking equivalent
to, or greater than those provided under the "New Jersey Smoke-Free
Air Act.
b.
The Legislature of the State of New Jersey in N.J.S.A. 2C:33-13b,
provides that the owner and/or operator of a public place, such as
public parks and recreational areas, may prohibit smoking on such
property.
[Amended 8-9-2021 by Ord.
No. 8-2021]
a.
The Borough Council recognizes the well-known health and safety risks
posed by smoking and finds that it is within the public interest to
prohibit smoking in public buildings and on public property, such
as public parks and recreation areas.
b.
The Borough Council has determined that the public interest is especially
implicated in preventing the youth of the Borough of Pitman from being
exposed and succumbing to the temptations of experimenting with tobacco
products; and
c.
The Borough Council also finds that the appearance of parks and recreation
areas can be enhanced and the limited resources of the Borough's
Department of Public Works can be conserved if smoking were to be
banned from such areas, thereby keeping such areas free of the litter
typically generated by smoking, such as cigarette butts, ashes and
packaging.
[Added 8-9-2021 by Ord.
No. 8-2021]
As used in this section, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by the Borough of Pitman, and/or occupied by Borough employees and
used for official business of the Borough of Pitman.
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the Borough of Pitman and all property owned or
leased by the Borough of Pitman 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.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, e-cigarette, pipe, battery
or electronic smoking device, or other paraphernalia that can be used
to consume tobacco, e-liquid, cannabis, marijuana products or a tobacco-like
substance. Tobacco products encompasses all smokeless tobacco, including
but not limited to chewing tobacco, loose leaf tobacco, tobacco pellets,
plug tobacco, twist or rope tobacco, dipping tobacco and dissolvable
tobacco.
[Added 8-9-2021 by Ord.
No. 8-2021]
a.
Smoking shall be prohibited in all Municipal Buildings 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 chapter. 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 twenty-foot radius of entrances
of all Municipal Buildings. 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 twenty-foot perimeter of the
entrances of all Municipal Buildings 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.
c.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Borough of Pitman and all property owned or
leased by the Borough of Pitman 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 vehicle registered to the Borough
of Pitman.
[Added 8-9-2021 by Ord.
No. 8-2021]
The enforcement authority of this section shall be the Police
Department, Fire Department, Recreation Department, and Public Works
Department of the Borough of Pitman.
[Added 8-9-2021 by Ord.
No. 8-2021]
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 the
Borough of Pitman's policies and procedures.
[Ord. No. 29-2011]
The purpose of this section is to establish regulations concerning
the operation and maintenance of certain alarm systems within the
Borough of Pitman and to provide penalties for violation for any of
the provisions set forth herein.
[Ord. No. 29-2011]
As used in this section:
Shall mean an electrical storm, lighting or other power fluctuation
or power surge, or any other extraordinary circumstances beyond the
control of the alarm system owner.
Shall mean any device used for the detection of unauthorized
entry into a premises, an unlawful act within the premises, or for
altering others about the existence of any other condition necessitating
the response of the Police, Fire or ambulance personnel. Alarm systems
include, but are not limited to, direct-dial telephone devices, audible
alarm and subscriber alarms.
Shall mean a device that emits an audible signal from the
premises that is designed to protect.
Shall mean the Borough of Pitman.
Shall mean a device which causes a message to be transmitted
to the Police, Fire, Ambulance or other emergency service, stating
that an emergency response is necessary.
Shall mean the activation of any alarm causing a response
by the Police Department or Fire Department where an emergency situation
does not exist, except in cases where the alarm is activated by an
act of God.
Shall mean the Pitman Fire Company No. 1, the Pitman Fire
Patrol or the Highland Chemical Engine Company.
Shall mean the Borough of Pitman Police Department.
Shall mean an alarm system that is directly connected to
the Borough of Pitman Police Communications and/or Gloucester County
Communications Center, or the Fire Department, or any other entity
engaged in the business of monitoring alarm systems.
[Ord. No. 29-2011]
a.
It shall be the responsibility of all persons, entities, firms, corporations,
or other groups that maintain alarm systems within the Borough, to
file with the Police or Fire Department the names and telephone numbers
of responsible persons who may be contacted in case of emergency,
or who are authorized to provide service to the alarm system.
b.
Audible alarms must be silenced within 15 minutes after the designated
responsible person is notified to do so by the Police and/or Fire
Department. If the alarm system is equipped with a timing device,
that device must automatically silence the audible alarm within 10
minutes after it is actuated.
c.
Direct dial alarms must be equipped with a device that will prevent
more than three repeated transmissions of an alarm for the same emergency
to the Police Communications and/or Gloucester County Communications
Center. Recorded message must also include the name and telephone
number of a responsible person who may be contacted by the Police
of Fire Department in the case of emergency.
d.
The owner or occupant of any property equipped with a direct dial
alarm who is present at the property when a false alarm is activated
must contact the Police Department within five minutes of activation
of the false alarm and notify the Police that an emergency does not
exist. Immediate notification of the Police within the time provided
in this section shall not be deemed to be a false alarm.
[Ord. No. 29-2011]
All persons, entities, firms or corporations that maintain alarm
systems within their premises shall train all persons regularly on
the premises to prevent false alarms.
[Ord. No. 29-2011]
a.
The first (1st) false alarm at any property address within any one
year period: The Chief of Police or Fire Chief shall notify the owner/resident
of the existence of this section and the responsibilities of the property
owner's/resident's section.
b.
Second (2nd) false alarm within any one year period: The Chief of Police or Fire Chief shall issue a warning letter to the property owner/resident of the property on which the false alarm occurred. In addition, the owner shall be subject to a user fee set forth in subsection 3-39.6, which fee may be waived at the discretion of the Chief of Police, Fire Commissioner or Municipal Court Judge.
c.
Third (3rd) false alarm within any one year period: Upon conviction,
a fine of up to $250 shall be imposed.
d.
Fourth (4th) or subsequent false alarm within any one year period:
Upon conviction for a fourth or subsequent offense, a fine of not
more than $1,250, imprisonment for a term not exceeding 90 days or
a period of community service not exceeding 90 days shall be imposed.
e.
Any violation of this section that is determined by the Court to
be a knowing and willful violation shall be subject to a fine up to
$1,250, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, regardless of whether
there have been any period warnings or offenses.
f.
The Police and Fire Departments shall prepare and maintain written
records of all false alarms occurring after the effective date of
this section.
[Ord. No. 29-2011]
For any violation of subsection 3-39.5c through e of this section, the Chief of Police or Fire Chief shall impose a user fee to reimburse the Borough for the cost incurred in responding to the false alarm. The user fee shall be imposed shall be in addition to any fines or costs imposed under this section by the Court.
[Ord. No. 29-2011]
[Ord. No. 29-2011]
When an investigation by the Police Department reveals continued
abuse of the privilege of having an alarm system within the Borough,
and a disregard by the owner for taking remedial steps to avoid false
alarms, the Chief of Police reserves the right to disconnect any alarm
system after giving notification, in writing to the owner. All persons,
firms or corporations so notified may appeal to the Mayor and Borough
Council for a final decision.
[Ord. No. 29-2011]
a.
The provisions of this section shall not apply to the general alerting
alarms that may be used by the fire companies, ambulance squads or
other municipal agencies to summon response of their members.
b.
The provisions of this section shall not apply to alarm systems that
are affixed to motor vehicles.
