Editor's Note: For regulations pertaining to Animals, see Chapter 5, Animal Control.
[1]
Editor's Note: Prior ordinance history includes portions
of 1985 Code §§ 13-8.1, 13-8.2, 13-8.3, 13-8.7, 13-8.8,
13-8.9, 13-8.12 and Ordinance Nos. 1992-10, 1997-14, 2004-02, 2006-#5,
2006-#11.
[Ord. No. 2016-#08]
a.
Purpose. An ordinance to establish requirements to control littering
in the Borough of Ringwood so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
b.
Definitions and Word Usage.
1.
For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directive.
2.
BOROUGH
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
GARBAGE
LITTER
LITTER RECEPTACLE
NONCOMMERCIAL HANDBILL
PERSON
PUBLIC PLACE
REFUSE
RUBBISH
VEHICLE
As used in this section, the following
terms shall have the meanings indicated:
Shall mean the Borough of Ringwood.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copy of any matter of literature
which:
Advertises for sale of any merchandise, product commodity or
thing.
Directs attention to any business or mercantile or commercial
establishments or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales.
Directs attention to or advertise 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.
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 private benefit
and gain of any person so engaged as advertiser or distributor.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
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 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 definitions
of a commercial handbill.
Shall mean any individual, corporation, company, partnership,
firm, association or political subdivision of this State subject to
municipal jurisdiction.
Shall mean any streets, sidewalks, alleys, or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
Shall mean all putrescible solid wastes (except body wastes),
including garbage, street cleanings and dead animals.
Shall mean nonputrescible solid or liquid wastes consisting
of both combustible and noncombustible wastes, such as papers, wrappings,
cigarettes, cardboard, tin cans, glass, bedding, crockery, gasoline,
oil or other chemical wastes, abandoned automobiles, dismantled automobiles
and parts thereof, scrap, metal, junk, machinery, solid market and
industrial wastes, building materials and similar materials.
Shall mean every device in, 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.
c.
Prohibited Acts and Regulated Activities.
1.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
2.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 2016-#08]
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 area, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service station islands; shopping
centers; parking lots; campgrounds and trailer parks; marinas, boat
moorage and fueling stations; boat launching areas; public and private
piers operated for public use; beaches and bathing areas; 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 such that adequate containerization
is available.
The aforesaid proprietors or sponsors shall also be responsible
for providing and servicing recycling receptacles which shall be located
immediately next to the required litter receptacles. A separate container
shall be provided for cans and bottles and a separate container for
the paper. The container shall be clearly marked and identified.
[Ord. No. 2016-#08]
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, litter, rubbish, refuse, junk vehicle, or vehicle parts,
rubber tires, appliances, furniture, or private property, except by
written consent of the owner of said property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
[Ord. No. 2016-#08]
It shall be unlawful for any residential property owner to store
or permit storage of any bulky household waste, including household
appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Ord. No. 2016-#08]
It shall be unlawful for any residential property owner to store
or permit storage of tires in areas zoned residential, except in a
fully enclosed structure or on days designated for collection of tires.
[Ord. No. 2016-#08]
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. 2016-#08]
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer which is (a)
missing tires, wheels, engine, or any essential parts; or (b) which
displays extensive body damage or deterioration; or (c) which does
not display a current, valid State license; or (d) which is disassembled
or partially disassembled.
[Ord. No. 2016-#08]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any highway unless such a vehicle is constructed or
loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle, or otherwise endanger travelers
or public property, shall immediately cause the public property to
be cleaned of all glass or objects and shall pay costs therefor.
[Ord. No. 2016-#08]
It shall be unlawful for any owner, agent, or contractor in
charge of construction of or demolition site to permit the accumulation
of litter before, during or after completion of any construction or
demolition project. It shall be the duty of the owner, agent, or contractor
in charge of a 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.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[Ord. No. 2016-#08]
a.
It shall be the duty of the owner, lessee, tenant, occupant or person
in charge of any structure to keep and cause to be kept the sidewalk
and curb abutting the building or structure free from obstruction
or nuisances of every kind, and to keep sidewalks, areaways, backyards,
courts and alleys free from litter and other offensive material.
b.
No person shall sweep into or deposit in any gutter, street, catch
basin or other public place any accumulation of litter from any public
or private sidewalk or driveway. Every person who owns or occupies
property shall keep the sidewalk in front of his or her premises free
of litter. All sweepings shall be collected and property containerized
for disposal.
[Ord. No. 2016-#08]
It shall be unlawful for any person to throw, place or deposit
any commercial or noncommercial handbill in or upon any vehicle; provided
however, that is shall not be unlawful in any public place for a person
to hand out or distribute without charge to any receiver thereof a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
[Ord. No. 2016-#08]
No person, while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place or upon private
property with the Borough.
[Ord. No. 2016-#08]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load or contents of litter from being blown or deposited
upon any street, alley or other public or private place. Nor shall
any person drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit in any street,
alley or other public place mud, dirt, sticky substances or foreign
matter of any kind.
[Ord. No. 2016-#08]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
and/or for a period of community service not to exceed 90 days. If
any violation is of a continuing nature, each day during which it
continues constitutes a separate and distinct offense.
This section shall be enforced by the Police Department and/or
the Code Enforcement Officer of the Borough of Ringwood.
a.
In the event that the owner, occupant, tenant, agent of the owner,
tenant or occupant or possessor of private property or lands shall
refuse or neglect to abate or remedy the condition which constitutes
a violation of this section, the Borough may cause the condition to
be abated and remedied. Upon the removal of any materials prohibited
to be stored or abandoned on lands by this section by or under the
direction of the Police Department, Building Inspector, Borough Manager,
Sanitarian, Health Officer, Zoning Officer or any other person designated
by the Borough Council, in cases where the owner, occupant, tenant
or agent shall refuse or neglect to remove the same within five days
of receiving a notice of violation, such officer shall cause the cost
to be charged against said properties and owners for services rendered
by Borough crews pursuant to N.J.S.A. 40:48-2.12f. Costs incurred
shall be levied against said properties and shall constitute a lien
upon said properties. The same shall bear interest at the same rate
as taxes and shall be collected and enforced by the same officers
and in the same manner as a lien for delinquent real estate taxes.
In addition to the costs associated with abatement of debris/litter,
a charge of 15% of the total cost shall be imposed as an administrative
charge.
b.
The amounts to be billed shall be equivalent to the cost of the services
rendered by either the Borough employees or the person contracted
by the Borough to perform these services, or both.
[1985 Code § 13-2.1]
As used in this section:
Shall mean and include any automobile, motor vehicle, parts
therefor or machinery: (i) which is no longer in actual or current
use as such, or which is dismounted or disassembled; or (ii) which
is being overhauled or which is wholly unfit for use without rebuilding
or reconditioning or has been discarded for being obsolete or is not
licensed for the current year.
[1985 Code § 13-2.2]
No person shall keep, store, abandon or leave on any parcel
of land or street in the Borough any junk motor vehicle or machinery,
or any motor vehicle which is not currently used for transportation
and is not licensed for the current year, or any unused machinery
or equipment. This prohibition shall not apply to any motor vehicle,
parts or machinery which are stored in an enclosed building.
[1985 Code § 13-2.3]
The premises where any junk motor vehicle or machinery parts
or equipment are kept, stored or maintained in violation of this section
shall be deemed to be a nuisance and detrimental to the health and
welfare of the Borough and shall be subject to State and local ordinances
applicable to the abatement or removal of nuisances.
[1985 Code § 13-2.4; New]
[1985 Code § 18-1.1]
As used in this section:
Shall mean a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used as a
dwelling unit, with or without permanent foundation, when connected
to the required utilities.
Shall mean a site with required improvements and utilities
for the long-term parking of mobile homes which may include services
and facilities for the residents.
Shall mean but shall not be limited to travel trailers, trailers,
truck campers and vehicular-type portable structures without permanent
foundation which can be towed, hauled or driven and are primarily
designed as temporary living accommodations for recreational, camping
and travel use.
Shall mean a structure standing on wheels which may be towed
or hauled by another vehicle and is used for short-term human occupancy,
carrying goods, objects or materials, or as a temporary office.
[1985 Code § 18-1.2]
For the protection of the public health, welfare and safety,
the parking or placement of trailers, recreational vehicles and mobile
homes within the Borough limits is hereby regulated and mobile home
parks are prohibited within the Borough.
[1985 Code § 18-1.3]
It shall be unlawful for any person to park any vehicle defined in subsection 3-3.1 on any street except as provided in this section.
[1985 Code § 18-1.4]
Vehicles defined in subsection 3-3.1 may make temporary or emergency stops or may park on any street for not longer than four hours. Vehicles, while parked, shall not be used by any person as a dwelling house, place of abode or sleeping place. In case of any emergency or temporary stop, the driver of the vehicle towing the trailer shall take adequate safety precautions including installation of signs and flares as required.
[1985 Code § 18-1.5; New]
a.
The user of the vehicle, the immediate members of his family and
persons who enter the Borough in the vehicle for the purpose of visiting
friends or members of their family who are residents of the Borough
shall be excepted from the provisions of this section, provided that:
1.
No exception shall be permitted for a period exceeding seven days.
2.
Vehicles, if parked in a street, shall not be used by any person
as a dwelling, place of abode or sleeping place or be occupied in
any way.
3.
Upon commencing use of the vehicle or upon entering the Borough for
the purpose stated in paragraph a, the person using the vehicle shall
secure a permit from the Police Department. No permit shall be issued
until the Zoning and Health Officers have determined that the zoning
and health standards of the Borough and the State will not be impaired
by issuance of the permit.
b.
A trailer or other vehicle may be used when it is designed to provide
services to the Borough residents by the Borough or by a nonprofit
organization.
[1985 Code § 18-1.6]
No person shall conduct or operate a mobile home park within
the Borough.
[1985 Code § 18-1.7; New]
[1985 Code § 13-6.1]
The Borough Council hereby finds and declares that:
a.
The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort,
convenience, safety, welfare and prosperity of the residents of the
Borough; and
b.
The provisions and prohibitions hereinafter contained in this section
are necessary in the public interest, embody the public policy of
this Borough, and serve the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare, prosperity and
the peace and quiet of the Borough and its inhabitants.
[1985 Code § 13-6.2]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise, or
any noise which either annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of others within the limits
of the Borough.
[1985 Code § 13-6.3; New]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but this enumeration
shall not be deemed to be exclusive:
a.
Horns and Audible Signaling Devices.[1] The sounding of any horn or audible signaling device on
any automobile, motorcycle or other vehicle on any street or public
place of the Borough except as a danger warning; the creation by means
of any audible signaling device of any unreasonably loud or harsh
sound, and the sounding of any such device for an unnecessary period
of time; the use of any audible signaling device except one operated
by hand or electricity; the use of any horn, whistle or other audible
device operated by engine exhaust; and the use of any such audible
signaling device when traffic is held up for any reason.
[1]
Editor's Note: For State motor vehicle law prohibiting
unreasonably loud or harsh sounds from horns or other warning devices,
see N.J.S.A. 39:3-69.
b.
Radios, Televisions, and Phonographs. The using, operating or permitting
to be played, used or operated, of any radio receiving set, television,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants, or at any
time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto.
The aforesaid operation of any such set, instrument, phonograph,
machine or device between the hours of 10:00 p.m. and 7:00 a.m. in
such manner as to be plainly audible at a distance of 50 feet from
the building, structure or vehicle in which it is located shall be
prima facie evidence of a violation of the provisions of this section.
c.
Loudspeakers and Amplifiers, Used for Advertising.
1.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure shall be a violation, except if such instrument
is used in connection with a function for which a license has been
issued.
2.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound of any type in private or recreational areas, other than
within the confines of a room or building, where the sound is sufficiently
loud to be heard for a distance of more than 100 feet of the outside
boundary lines of the property wherein the equipment or sound-producing
device is located, subject to the time limitations set forth in paragraph
b above, shall be prima facie evidence of a violation of this section.
d.
Yelling and Shouting. Yelling, shouting, hooting, whistling, or singing
on the public streets particularly between the hours of 10:00 p.m.
and 7:00 a.m. or at any time or place so as to annoy or disturb the
quiet, comfort, or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
e.
Exhausts.[2] The discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
[2]
Editor's Note: For State motor vehicle law requiring
a vehicle to be equipped with a muffler to prevent excessive or unusual
noise, see N.J.S.A. 39:3-70.
f.
Defect in Vehicle or Load.[3] The use or operation of any automobile, motorcycle or
vehicle so out of repair or so loaded with iron, steel or other material
in such a manner as to create loud and unnecessary grating, grinding,
rattling or other noise.
[3]
Editor's Note: See State motor vehicle law N.J.S.A. 39:4-78
for similar prohibition.
g.
Loading, Unloading, Opening Boxes. The creation of a loud or excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
h.
Construction or Repairing of Buildings. The erection (including excavation),
demolition, alteration or repair for commercial purposes of any building
or the excavation of streets other than between the hours of 7:00
a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity
in the interest of public health and safety, and then only after obtaining
a permit from the Construction Official. This permit may be granted
for a period not to exceed three days while the emergency continues
and may be renewed for a period of three days while the emergency
continues. If the Construction Official should determine that the
public health and safety will not be impaired by the erection, demolition,
alteration or repair of such building or the excavation of streets
within the hours of 6:00 p.m. and 7:00 a.m., application to permit
work during the restricted hours may be made at the time the permit
for the work is awarded or during the progress of the work.
i.
Schools and Houses of Worship. The creation of any excessive noise
on any street adjacent to any school, institution of learning, or
house of worship while the same are in use which unreasonably interferes
with the workings of such institution.
j.
Drums and Similar Instruments. The use of any drum, other instrument
or device to create noise to attract attention to any performance,
show or sale except if such use is in connection with a function for
which a license has been issued.
k.
Hawkers and Peddlers. The shouting and crying of peddlers, hawkers
and vendors which disturb the peace and quiet of the neighborhood.
l.
Power Equipment. Using, operating or permitting the use of any power
equipment, other than the operation of motor vehicles and lawn mowers
on Sundays and between 8:00 p.m. and 7:00 a.m. on weekdays.
m.
Pile Drivers, Hammers and Similar Devices. The operation between
the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam or
gasoline shovel, pneumatic hammer, derrick or electric hoist or any
other appliance, equipment or machinery, the use of which is attended
by loud or unusual noise.
n.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noises.
o.
Motor Boats.
1.
Operation of any motor-driven boat upon waters within or bounding
the Borough unless the motor shall be constructed with a muffler or
silencer to prevent excessive noise. Such muffler or silencer shall
be used while such motor is in operation.
2.
Use of any muffler cut-out on any motor-driven boat on any waters
within or bounding the Borough.
p.
Bells, Horns and Shouting. On any sidewalk, street, or other public
place the ringing of any bell or blowing of any horn or making of
any public outcry at, or for, any public sale or auction for the purpose
of advertising any goods, wares or merchandise for sale, or attracting
any attention, or to gain passengers for any cab or taxicab.
[1985 Code § 13-6.3]
The provisions of this section shall not apply to any function
or activity sponsored or under the direction of the Borough of Ringwood
or any activity which shall be specifically exempted by the Borough
Council by resolution, wherein the Council shall find that the good
of the Borough outweighs any temporary inconvenience caused by the
violation of this section.
[1985 Code § 13-6.4; New]
[1985 Code § 13-5.1]
No person shall consume any alcoholic beverage within the confines
of the Borough or have in his possession any open containers which
contain an alcoholic beverage:
a.
In or upon any public street or any public property, place or conveyance.
b.
In any motor vehicle on any public street, road, or any other public
place or property.
c.
Upon any private property without the permission of the owner or
such other person who may have the authority to grant such permission.
[1985 Code 13-5.2]
No person shall discard any container, bottle, can, debris,
garbage or junk upon any public street, road or upon any public place
or property or upon any private property without the permission of
the owner, which permission shall be subject to any other ordinance
or laws affecting the disposition of the aforementioned.
[1985 Code § 13-5.3]
Nothing contained in this section shall prohibit the use of
public places or property for the possession or consumption of alcoholic
beverages when such permission is obtained from the Mayor and Borough
Council or such other persons to whom such authority has been granted
by the Mayor and Council.
[1985 Code § 13-5.4; New]
[1985 Code § 13-3.1]
No person shall advertise, display, sell or offer to sell any
instrument used, designed for use, or intended for use in ingesting,
smoking, administering or preparing marijuana, hashish, hashish oil,
cocaine or other controlled dangerous substances. This prohibition
shall apply to:
a.
Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana
or hashish pipes with or without screens, permanent screens, hashish
heads or punctured metal bowls.
b.
Water pipes designed or intended for use with marijuana, hashish,
hashish oil or cocaine.
c.
Carburetion tubes and devices.
d.
Smoking and carburetion masks.
e.
Roach clips.
f.
Separation gins designed for use or intended for use in cleaning
marijuana.
g.
Cocaine spoons and vials.
h.
Chamber pipes.
i.
Carburetor pipes.
j.
Electric pipes.
k.
Air driven pipes.
l.
Chilams.
m.
Bongs.
n.
Ice pipes or chillers.
o.
Cigarette rolling papers.
p.
Other instruments or devices whose primary purpose is to facilitate
the sale, use or storage of a controlled dangerous substance, and
any instrument or device which is accompanied by advertising, instructions
or other descriptive materials stating, directly or indirectly, its
function in the sale, use or storage of a controlled dangerous substance.
[1985 Code § 13-3.2; New]
[Ord. No. 2005-#11]
a.
It is unlawful for any person under the legal age, who, without legal
authority, knowingly possesses, or knowingly consumes an alcoholic
beverage on private property.
b.
The prohibition described herein 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.
c.
As used in this section, "guardian" means a person who has qualified
as a guardian of the underage person pursuant to a testamentary or
court appointment, and "relative" means the underage person's
grandparent, aunt or uncle, sibling, or any other person related by
blood or affinity.
d.
Nothing contained in this section shall prohibit possession of alcoholic
beverages by any such underage person while actually engaged in the
performance of employment by a person who is licensed under Title
33 of the Revised Statutes of the State of New Jersey, 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, nothing in this section
shall 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.
[Ord. No. 2005-#11]
a.
Any violation of this section shall be punished by a fine of $250
for a first offense, and $350 for any subsequent offense.
b.
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 Division of Motor Vehicles stating the first and last
day of suspension or postponement period imposed by the Court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including 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.
c.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by the State, the Court shall immediately
collect the license and forward it to the Division, 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.
d.
If the person convicted under such an ordinance is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person, based on the age of the
person, and submit to the Division the required report. The court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
e.
The court may, under appropriate circumstances and to the extent
permitted by law, order that a person convicted under this section
undergo alcoholic counseling.
[Ord. No. 2006-#19 § 1]
The Council hereby finds and declares that the use and existence
of unlicensed motor-driven vehicles and low speed vehicles within
the Borough of Ringwood is rapidly increasing; that said vehicles
are commonly operated by minor children upon the public streets and
thoroughfares and elsewhere within the Borough; and that such vehicles
are or can become dangerous instrumentalities when not properly operated
or when operated without proper adult supervision, regulation and
control; and that in order to better promote the public health, safety,
peace and welfare it is necessary to establish regulations concerning
the registration, operation, use and control of such vehicles.
[Ord. No. 2006-#19 § 1]
It shall be unlawful to operate or permit to be operated any
type of unlicensed motor-driven vehicle or conveyance or low speed
vehicles, as hereinafter defined, under the following circumstances:
a.
On any public street located within the Borough of Ringwood.
b.
On public grounds without the prior express provisions or permission
to do so by the proper public authority.
c.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety of any person or the property of
any other person.
[Ord. No. 2006-#19 § 1]
a.
LOW SPEED VEHICLE
UNLICENSED MOTOR-DRIVEN VEHICLES OR VEHICLE
As used in this section, the following terms shall have the meanings
indicated:
Shall mean a four-wheeled vehicle as defined in 49 CFR 571.3(b)
whose attainable speed is more than 20 miles per hour and no more
than 25 miles per hour on a paved level surface. The vehicle cannot
be powered by gas or diesel fuel.
Shall mean and include, but not necessarily be limited to
two-wheel motor vehicles known as minibikes, trail bikes, unlicensed
motorcycles, motorbikes, motor scooters, snowmobiles and four-wheel
vehicles known as go-carts.
b.
This section shall be applicable only to such unlicensed motor-driven
vehicles and low speed vehicles as are designed primarily for the
transportation of the driver and/or passengers, and not to lawnmowers,
tractors, farm, lawn or garden equipment, or the like.
[Ord. No. 2007-#4 § 12.3.1]
The Borough of Ringwood finds and declares that according to
the U.S. Department of Health and Human Services, smokeless tobacco
or cigarettes are generally the first drug used by young people in
a sequence that can include tobacco, alcohol, marijuana, and hard
drugs. ("Preventing Tobacco Use Among Young People: A Report of the
Surgeon General"). Additionally, the U.S. Surgeon General estimates
that an additional 1,000,000 adolescents use smokeless tobacco ("Preventing
Tobacco Use Among Young People: A Report of the Surgeon General")
and State law prohibits the sale of tobacco in any form to minors.
Furthermore, it is estimated that each day not only the use
of tobacco is the leading cause of preventable disease and death in
the State and the nation, but secondhand tobacco smoke constitutes
a substantial health hazard to the nonsmoking majority of the public.
It has been determined that the separation of smoking and nonsmoking
areas in public places does not eliminate the hazard to nonsmokers;
and therefore, subject to certain specified exceptions, it is clearly
in the public interest to prohibit smoking in places of public access,
specifically outdoor public property. This is consistent with the
State's Smoke Free Air Act, N.J.S.A. 26:3D-55 et seq. in that
it provides prohibitions greater than those provided under the Act
in prohibiting smoking in all public places.
[Ord. No. 2007-#4 § 12.3.2]
As used in this section:
Shall mean any person under the age of 18.
Shall mean any real property, or portion thereof, owned or
leased by the Borough of Ringwood or the Board of Education, to include
fields, parking lots, parks, playgrounds and other recreation facilities.
Shall mean the burning of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or similar
substance.
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.
[Ord. No. 2007-#4 § 12.3.3]
No minor shall use or possess, whether actually or constructively,
tobacco products within the Borough and specifically in outdoor public
property.
Smoking is prohibited in all places of outdoor public property
and all other places pursuant to the State's Smoke Free Air Act,
N.J.S.A. 26:3D-55 et seq.
[Ord. No. 2007-#4 § 12.3.4]
No-smoking signs or the international no-smoking symbol shall
be clearly, sufficiently and conspicuously posted in all places of
outdoor public property regulated by this section.
[Ord. No. 2007-#4 § 12.3.5]
The enforcement of this section will be implemented by the Borough
Police Department or its designee.
Any citizen may initiate enforcement by registering a complaint
with the Borough Police Department.
[Ord. No. 2007-#4 § 12.3.6]
It shall be a violation of this section for any person on any
premises subject to this section to fail to comply with any of its
provisions.
[Ord. No. 2007-#4 § 12.3.7]
No provision of this section will be construed or interpreted
to allow smoking areas otherwise restricted by other laws or allow
use of tobacco products by minors in areas otherwise restricted by
other laws.
[Ord. No. 2007-#4 § 12.3.8]
Any minor who purchases or within or upon any public place or
area, possesses, whether actually or constructively, or uses tobacco
products, shall receive parental notification by the Police Department
and/or agent in the form to be determined by the Police Department
and/or agent. The Enforcement Officer who issues a warning under this
section shall ensure that the Police Department and/or agent receives
timely notification of the violator's identity and address and
the names of the violator's parents.
Repeated offenses of the violation described above by any minor
shall have a juvenile complaint signed against them and notification
as set forth above and shall receive a fine of no less than $25 plus
court costs in addition to any other penalties authorized pursuant
to this section. Such individuals may also be required to participate
at their own expense in an educational program determined by the Police
Department and/or agent concerning the dangers of smoking and tobacco
use.
[Ord. No. 2007-#4 § 12.3.9]
It shall be unlawful to smoke where smoking is prohibited. Any
person who violates any provision of this section shall be guilty
of any infraction punishable by a fine not exceeding $2,000 for the
first violation or by a period of community service not to exceed
90 days. A minimum fine shall be $100. If any violation is of a continuing
nature, each day during which it continues constitutes a separate
and distinct offense.
