[Amended in entirety 2-21-2023 by Ord. No. 6-2023. Prior history includes
1966 Code § 3-1 – 3-7; Ord. No. 271; amended 10-8-2019 by Ord. No. 25-2019. Amendedments noted
where applicable.]
[Amended 2-21-2023 by Ord. No. 6-2023]
The placing, abandonment, leaving, keeping or storage out-of-doors
of any motor vehicle not currently in use for transportation, any
motor vehicle in such need of repair so as to render said vehicle
incapable of being readily operated under its own power, any motor
vehicle that is discarded, wrecked, dismantled or partially dismantled,
any motor vehicle not licensed for the current year or any other unused
machinery or equipment on public or private lands in the Borough is
contrary and inimical to the public welfare in that such articles
so placed, abandoned, left, kept or stored, attract or may attract
children who, being so attracted, may play in and about them and be
injured in so doing. Such articles which are placed, abandoned, left,
kept or stored out-of-doors, exposed to the elements, deteriorate
and are unsightly and, deteriorating, become more unsightly and are
detrimental to, and depreciate, the value of properties in the neighborhood
and in the Borough as a whole.
[Amended 2-21-2023 by Ord. No. 6-2023]
No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of any article described in subsection 3-1.1 out-of-doors upon any public or private land in the Borough or between the right-of-way side lines of any public thoroughfare therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any article in an enclosed garage, barn or other building.
[Amended 2-21-2023 by Ord. No. 6-2023]
If any article described in subsection 3-1.1 shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.
[Amended 2-21-2023 by Ord. No. 6-2023]
Whenever it shall appear to any member of the Police Department or to the Code Enforcement Officer that a violation of subsection 3-1.2 exists and that the land on which the violation exists is privately owned, the Code Enforcement Officer shall notify, in writing, the owner or tenant in possession of the land to abate the violation by removing the article from the Borough or into an enclosed garage, barn or other building within 10 days of the service of the notice. The notice shall be served upon such owner or tenant by regular and certified mail addressed to him or her at his or her usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Borough are published and the owner or tenant shall abate the violation within the time stated in the notice.
[Amended 2-21-2023 by Ord. No. 6-2023]
Whenever it shall appear to any member of the Police Department or the Code Enforcement Officer that a violation of subsection 3-1.2 exists on public lands or between the right-of-way side lines of any public thoroughfare, the Police Department shall:
a.
Determine whether any article constituting the violation constitutes
or may constitute a traffic hazard and if so, the Police Department
shall move it or cause it to be moved to a nonhazardous location or
into an enclosed storage place.
b.
Ascertain, if possible, who is the owner of the article and shall notify, in writing, such owner to abate the violation forthwith and in all events within 10 days after the service of the notice, which notice shall be given by the Police Department as required in subsection 3-1.4.
c.
If any article constituting the violation constitutes or may constitute
a traffic hazard and it cannot be moved to a nonhazardous location
or if the name cannot be ascertained or if the violation be not abated
in the time required by the notice given under paragraph b, the Police
Department shall:
1.
Determine whether the article has a value in excess of the cost of
moving it to enclosed storage and the cost of storing it or them for
three months in the case of motor vehicles and for six months for
all other articles.
2.
Unless the article appears to have a value clearly in excess of such
cost, the Police Department shall arrange, if possible, for the removal
of it by someone who will undertake that removal without cost to the
Borough. Otherwise the Police Department shall arrange for its removal
at the expense of the Borough to an authorized dump.
3.
If the article appears to have a value clearly in excess of the cost
of removal and storage, the Police Department shall cause it to be
removed at the expense of the Borough to enclosed storage.
4.
If the article is removed under paragraph a or paragraphs c2 or c3, the Police Department shall, in the manner required by subsection 3-1.4, give notice to the owner of the removal and of the place to which the article has been removed and of the owner's right to reclaim it by paying the cost of removal and interim storage charges.
[Amended 2-21-2023 by Ord. No. 6-2023]
In the event the name and address of the owner of the article
cannot be ascertained or if the violation has not been abated in the
time stated in the notice, the Police Department may take possession
of the article by the procedure established in N.J.S.A. 39:10A-1 et
seq., or as otherwise may be provided by law.
[Amended 2-21-2023 by Ord. No. 6-2023]
[1966 Code § 4-11; Ord. No. 2-76]
No person shall consume any alcoholic beverage within the Borough
or have in his or her possession any open container with unconsumed
alcoholic beverage while:
a.
In or on a public street, sidewalk, public parking place, park, playground,
recreation area, school building or grounds or any other public or
quasi-public place or in any public conveyance.
b.
In a private motor vehicle while same is in motion or parked in any
public street, parking area, parking lot or any other public or quasi-public
place.
c.
Upon any private property not his own without the express permission
of the owner or other person having authority to grant such permission.
[1966 Code § 4-12; Ord. No. 2-76]
No person shall discard any alcoholic beverage container upon
any public street, sidewalk, public parking lot or upon any private
property not his own without the permission of the owner.
[1966 Code § 4-14; Ord. No. 2-76; Ord. No. 9-2002 § I]
Notwithstanding the provisions of this section, alcoholic beverages
may be consumed in public or quasi-public places if:
a.
The Mayor and Council, by resolution, permit the possession or consumption
of alcoholic beverages in a designated area and at a designated time
in connection with a specific event, series of events or observances
which have been authorized by the governing body; or
b.
An individual, firm, company or partnership has obtained a valid license pursuant to § 4-8, Outdoor Cafes, of the Revised General Ordinances of the Borough of Bloomingdale, and is also the holder of a valid alcohol beverage control license issued by the Alcoholic Beverage Control Commission of the State of New Jersey which also permits the possession or consumption of alcoholic beverages in public or quasi-public places.
[1966 Code § 4-15; Ord. No. 2-76]
A copy of this section shall be displayed conspicuously on all
licensed premises.
[1966 Code § 4-16; Ord. No. 2-76; New]
[1966 Code § 42-1; Ord. No. 10-90; Ord. No. 8-2006 § I]
The purpose of this section is to establish requirements to
control littering in the Borough of Bloomingdale so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply. The provisions of this section are supplemental
to the existing ordinances of the Borough. If there is any conflict
between the provisions of this section and the provisions of any other
regulation, the more stringent provisions shall be applicable.
[1966 Code § 42-2; Ord. No. 10-90; Ord. No. 8-2006 § II]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean 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.
[1966 Code § 42-3; Ord. No. 10-90; Ord. No. 8-2006 §§ III—V; Ord. No. 9-2014 § 1; Ord. No. 17-2018]
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. 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. Nothing in this section
shall prohibit the deposit of any such material in any public or private
receptacles approved by the Borough Council for such purpose. Nothing
in this section shall be construed to prohibit construction, repair
of maintenance equipment, materials or machinery from being utilized
temporarily on a street, public place, parking lot or public building.
This section shall not apply to municipal activities by Borough employees.
[1966 Code § 42-4; Ord. No. 10-90]
a.
No person shall sweep or cause to be swept into or deposit in any
gutter, street, catch basin or other public place any significant
accumulation of litter from any public or private place.
b.
Every person who owns or occupies property shall keep the sidewalk
in front of his or her premises free from litter. All significant
sweepings shall be collected and properly containerized for disposal.
c.
Nothing contained herein shall be construed to prohibit the washing
down of driveways and sidewalks.
[1966 Code § 42-5; Ord. No. 10-90]
No person shall put, deposit or store any litter or other material
or equipment or any bulk household item, including but not limited
to appliances, furniture, mattresses or tires, except in fully enclosed
structures or during designated days for collection of bulk items,
upon any property or private property whereby such property may be
rendered unsightly in appearance or detrimental to the health, safety
and welfare of the public. Nothing contained herein shall prohibit
the deposit of grass clippings and branches and twigs on private property
as long as the material originated from the same premises on which
it is deposited and so long as the material does not generate odors
and is located in the rear portion of the property.
[1966 Code § 42-6; Ord. No. 10-90]
Litter receptacles and their servicing may be required at the
discretion of the Superintendent of Public Works at the following
public places in the Borough, including, but not limited to, sidewalks
used by pedestrians in active retail commercially-zoned areas; buildings
used by the public, including schools, government buildings, 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, where directed by the Superintendent
of Public Works.
[1966 Code § 42-7; Ord. No. 10-90]
No person shall place or cause to be placed any receptacles
for refuse or garbage outside of any commercial building except in
an enclosure provided and designated for such storage. The area surrounding
the receptacle shall be kept free of litter.
[1966 Code § 42-8; Ord. No. 10-90]
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 any kind and to keep sidewalks, areaways,
backyards, courts and alleys free from accumulations of litter and
other offensive material.
[1966 Code § 42-9; Ord. No. 10-90]
No residential or commercial property owner shall permit open
or overflowing waste-disposal bins upon his or her property.
[1966 Code § 42-10; Ord. No. 10-90]
No person shall operate any trucks or motor vehicles carrying
or conveying stones, dirt, sand, gravel, earth, fill, glass, grass
clippings, solid waste or other similar materials on any street within
the Borough unless the materials are covered or retained in place
by tarpaulins or other suitable equipment or devices to prevent the
materials from falling off, sifting, leaking or otherwise escaping
from the vehicle. Any person operating a vehicle from which any glass,
debris or object has 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 be liable for and pay the costs incurred in the
cleanup.
[1966 Code § 42-11; Ord. No. 10-90]
It shall be unlawful for any owner, agent or contractor in charge
of a construction site 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 of
refuse. Temporary accumulations during the time of actual construction
or demolition shall not constitute a violation. If the Superintendent
of Public Works determines that the accumulation has continued beyond
reasonable time, he or she may give a written direction to the owner,
agent or contractor that the accumulation be removed. Thereafter,
if the accumulation is not removed within five days after the notice,
it shall constitute a violation.
[1966 Code § 42-12; Ord. No. 10-90]
No person shall interfere with any employee of the Borough or
any municipally-employed person in the sweeping or clearing of any
street or in the removal of sweepings, ashes, garbage, rubbish, snow,
ice or other refuse materials described herein.
[1966 Code § 42-13; Ord. No. 10-90]
a.
In the event the owner or possessor of private property 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 material prohibited to be stored
or abandoned on lands by this section, or under the direction of the
Sanitarian or appointed officers of this jurisdiction, in cases where
the owner 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 the properties and owners for services rendered
by the municipal crews pursuant to N.J.S.A. 40:48-2.12f. Costs incurred
shall be levied against the 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.
b.
The amounts to be billed shall be equivalent to the cost of the services
rendered by either the Borough's employees or the person contacted
by the Borough to perform the services, or both.
c.
In addition to the cost of removal of the debris and litter, any person who shall violate any of the provisions of this section or any order promulgated hereunder shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-5 except that a minimum penalty of not less than $50 shall be assessed for the first offense; not less than $75 for the second offense; and not less than $100 for the third or any subsequent offense. In addition, each violation of any of the provisions of this section shall be deemed a separate violation, and each day that such violation shall continue shall be deemed a separate and distinct offense.
[1966 Code § 89-1; Ord. No. 8-74]
As used in this section:
Shall mean and include but is not expressly limited to minibikes,
motor scooters, go-carts, swamp buggies, snowmobiles and any other
motor-driven vehicle not capable of being registered under Title 39
(Motor Vehicles) of the New Jersey Statutes, as amended, and motorcycles
capable of being registered under Title 39 but not registered, except
such vehicles as in such Title which are expressly exempt from registration.
[1966 Code § 89-2; Ord. No. 8-74; 10-8-2019 by Ord. No. 25-2019; amended 10-8-2019 by Ord. No. 25-2019]
a.
No person shall operate, or permit and suffer to be operated, a motor-driven
vehicle, as defined herein, within the Borough under the following
circumstances:
1.
On private property of another without the express current written
consent of the owner and the occupant of the property. Where such
express written consent has been obtained, the operator shall keep
the written consent on his or her person, available for immediate
display, during the period of such operation.
2.
On any public grounds or property.
3.
In such manner as to create loud, unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
To this end, no person shall operate a motor-driven vehicle before
9:00 a.m. prevailing time or after sunset.
4.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person, including
that of the operator.
b.
Each motor-driven vehicle shall be equipped with a muffler in good
working order and the use of a muffler cutout, bypass or similar device
is prohibited.
[1966 Code § 89-3; Ord. No. 8-74]
All motor-driven vehicles shall be registered yearly with the
Police Department and a numbered decal shall be issued which is to
be attached to the motor-driven vehicle in a prominent place.
a.
The fee of $2 per anniversary year shall be paid before such registration
shall be issued.
b.
Prior to the issuance of the registration, the motor-driven vehicle
shall comply with the following safety devices which shall be mandatory
for all motor-driven vehicles: throttle cables, brake controls, tires
of knobby construction, no sticks (minibikes), flip-up pegs (minibikes),
chain adjustment, muffler heat shield, spark arrestor (on muffler),
kill switch, mechanical brakes, chain guards.
[1966 Code § 89-4; Ord. No. 8-74]
It shall be rebuttably presumed that any person under the age
of 18 years who operates a motor-driven vehicle in violation of the
terms of this section, and who resides with his or her parent(s),
guardian(s) or other person(s) having custody of this person, that
the person under the age of 18 years is operating a motor-driven vehicle
with the sufferance and permission of the parent(s), guardian(s) or
other person(s) having custody.
[1966 Code § 89-5; Ord. No. 8-74; New]
Any person under the age of 18 years who shall violate any of
the provisions of this section shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
[1966 Code § 89-6; Ord. No. 8-74; New; amended 10-8-2019 by Ord. No. 25-2019]
[1966 Code § 89-7; Ord. No. 8-74; amended 10-8-2019 by Ord. No. 25-2019]
Any motor-driven vehicle operated in prohibited areas or in
violation of any other provision of this section shall be immediately
confiscated by the Police Department.
a.
The owner of the motor-driven vehicle shall pay the reasonable cost
of the removal and of storage which may result from such confiscation
before gaining possession of the vehicle.
b.
All fines and fees collected under this section shall be delivered
to the Borough of Bloomingdale Municipal Court and/or the on-call
municipal towing service within 48 hours.
[1]
Editor's Note: See also noise regulations in the Board of
Health ordinances.
[1966 Code § 47-1; Ord. No. 3-73]
This section shall be known and designated as a "Noise Level
Control Ordinance."
[1966 Code § 47-2; Ord. No. 3-73]
The Mayor and Council finds and determines that the citizens
of the Borough are entitled to and should be free from noise which
unnecessarily degrades the quality of life; and that the level of
noise has reached such a degree as to endanger the health, safety
and welfare of the citizenry; and that the threat can be abated by
the adoption and enforcement of noise standards embodied in this section.
[1966 Code § 47-3; Ord. No. 3-73]
As used in this section:
Shall mean a unit for relating the intensity of sound as
measured by a sound detecting device approved by the New Jersey Department
of Environmental Protection.
Shall mean all of the structures, appurtenances hereto, and
all of the land, whether vacant or used, which comprises a lot.
[1966 Code § 47-4; Ord. No. 3-73; Ord. No. 8-73; Ord. No. 28-2013; 10-5-2021 by Ord. No. 23-2021]
a.
Noise from within any premises located in a business or industrial
zone shall not exceed 80 dba. The noise level shall be measured at
the boundary of the lot.
b.
The noise from premises in any other zone between the hours of 7:00
a.m. and 10:00 p.m. shall not exceed 65 dba. Between the hours of
10:00 p.m. and 7:00 a.m. the noise levels shall not exceed 55 dba.
The noise levels shall be measured at the boundary of the lot.
c.
Noise from any motor vehicle less than 8,000 pounds, including motorcycles,
shall not exceed 86 dba. The noise level shall be measured at a point
50 feet from the source of the noise.
d.
Noise from power equipment in residential areas for repeated use,
such as, but not limited to, lawn mowers, small lawn and garden tools,
and snow removal equipment shall not exceed 74 dba. The noise level
shall be measured at a point 50 feet from the source of the noise.
e.
Any noise from construction, demolition and the use of power tools
and power equipment shall be prohibited during the following times:
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Sunday 8:00 p.m. through Monday 7:00 a.m.
|
|
Monday 8:00 p.m. through Tuesday 7:00 a.m.
|
|
Tuesday 8:00 p.m. through Wednesday 7:00 a.m.
|
|
Wednesday 8:00 p.m. through Thursday 7:00 a.m.
|
|
Thursday 8:00 p.m. through Friday 7:00 a.m.
|
|
Friday 8:00 p.m. through Saturday 9:00 a.m.
|
|
Saturday 8:00 p.m. through Sunday 9:00 a.m.
|
The provisions of this subsection shall not apply to
the following: Emergency services, snow removal, or any circumstances
deemed an emergency by state or local officials.
[1966 Code § 47-6; Ord. No. 3-73]
Motor vehicles not in motion shall not blow horns or sound audible
signal devices. Moving vehicles may blow or sound the aforesaid horns
or devices only in an emergency.
[1966 Code § 47-7; Ord. No. 3-73]
Exemptions shall be as follows:
a.
Ambulance, police, fire fighting, and all other vehicles necessary
for the public's health and safety and welfare.
b.
All premises and vehicles owned or operated by the Borough or other
governmental bodies.
c.
Emergency construction or repair of premises or vehicles.
d.
Public performances such as parades, concerts and carnivals may be
exempted from the terms of this ordinance upon application to the
Mayor and Council.
[1966 Code § 47-8, Ord. No. 3-73]
a.
A separate offense shall be deemed committed on each day during or
on which a violation occurred or continued.
[1966 Code § 47-10; Ord. No. 3-73]
This section shall take effect after final passage and publication
as required by law and after approval by the New Jersey Department
of Environmental Protection.
[1966 Code § 80-1; Ord. No. 127]
It shall be unlawful for any person to park any trailer on any
street or any other public place or on any tract of land owned by
any person, occupied or unoccupied, in the Borough except that during
the months of June, July and August visitors having trailers who are
visiting any resident of the Borough may park the trailer on the land
of the person whom they are visiting, provided, however, that they
use the toilet facilities of the person whom they are visiting during
the period the trailer is parked on the premises.
[1966 Code § 80-2; Ord. No. 28-88]
It shall be unlawful for any person to locate, erect, maintain
or conduct an automobile trailer camp on any tract of land within
the limits of the Borough.
[1966 Code § 80-3; Ord. No. 28-88]
Nothing herein contained shall prohibit the temporary stopping
or parking of a trailer on any street for one hour, nor shall it prevent
the parking of an unoccupied trailer in an accessory private garage,
provided that no living quarters shall be maintained in the trailer
while the trailer is so parked or stored.
[Added 10-8-2019 by Ord.
No. 25-2019]
As used in this section:
Any prefabricated structure attached to a chassis capable
of being towed.
[1966 Code § 58-1; Ord. No. 5]
It shall be unlawful to tack or nail any notice or drive any
tack or nail or any other material in or on any telegraph, telephone
pole or poles whereon electric wires are strung within the Borough.
[1966 Code § 58-2; Ord. No. 5]
[1966 Code § 51-1;Ord. No. 125; Ord. No. 8-2008 § 1;
amended 10-8-2019 by Ord. No. 25-2019]
a.
No person shall, within the limits of the Borough of Bloomingdale:
1.
Obstruct or interfere with any person lawfully being upon any sidewalk
or public street, or in any store, restaurant or other public or quasi-public
place.
2.
Keep or harbor any dog which shall disturb the neighborhood by excessive
barking, whining or howling.
3.
Throw or discard any cans, bottles, garbage, debris, junk or refuse
of any kind into the waters of any spring, pond, stream, lake, river
or any other body of water or upon any public street or public place
or discharge any sewage or waste into the waters or places or pollute
the waters in any manner.
4.
Place or cause to be placed any obstruction of any kind whatsoever
in any stream, pond, spring or lake so as to interfere with the natural
flow or change the course thereof in any manner without first obtaining
the necessary permit so to do.
5.
Throw any paper or posters, stones, sticks, glass, metal or any hard,
dangerous or offensive substance upon any sidewalk, street, highway
or public or private place, or at any car, vehicle, house, building,
fence or person.
6.
Appear on any street, park or other public place in a state of nudity
or make any indecent exposure of his or her person or commit or do
any lewd or indecent act or behave in a lewd or indecent manner.
7.
Disrobe in any automobile, truck or vehicle while the same is upon
any parking place, street, park or other public place.
8.
Sell or offer to sell any indecent picture, book or thing or exhibit
or perform any indecent, immoral or lewd play or other representation.
9.
Keep or maintain a house of prostitution or allow or permit any house,
shop, store or other building or structure owned or occupied by him
to be used as a house of prostitution.
10.
Solicit, invite or in any manner suggest by word of mouth or any
writing or other communication or by any device any lewd, lascivious
or other immoral act.
11.
Permit any house, shop, store or other building or structure owned
or occupied by him or her to be frequented or resorted to by noisy,
riotous or disorderly persons or by prostitutes, gamblers or vagrants.
12.
Maliciously or intentionally destroy, damage or injure any property,
public or private.
13.
Cause or permit to be emitted any dense smoke which contains soot
or other substances in sufficient quantities to permit the deposit
of such soot or other substances on any surface within the limits
of the Borough.
14.
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
odor or any odor that may be vile, offensive, obnoxious or nauseating
to any of the residents of the Borough.
15.
Remove, change, alter, obstruct, destroy, tap, shut off or interfere
in any way with any water or sewer line or any utility or any mechanical
device connected thereto on any property, either public or private,
within the Borough.
16.
Possess, keep or maintain any roulette wheel, equipment or supplies
for lottery and numbers game or other games of chance, or any pinball
machine designed for gambling or other gambling devices whatever.
17.
Carry, without lawful authority, any revolver, pistol or other firearm
or other instrument of the kind known as a blackjack, slingshot, blowgun
or similar device, billy, sand club, dagger, dirk, dangerous knife,
stiletto, bomb or other high explosive concealed in or about his or
her clothes or person or in any portable vehicle, carriage, motorcycle
or other vehicle, or any weapon defined in N.J.S.A. 2C:39-1.
18.
Possess, keep, sell or distribute any firecrackers, Roman candles,
any rockets or any fireworks of any explosive nature commonly used
as fireworks display.
19.
Have upon his or her person or in his or her possession any picklock,
key, crew, jack, bit or other implement with any intent to break and
enter into any building.
20.
Go about from door to door or place himself or herself on any sidewalk,
street or store or other public or private place or places to beg
or gather alms.
21.
Participate in any practice, sport or exercise having a tendency
to annoy, disturb or frighten any person or persons on any sidewalk,
street, park or other public or private place or having a tendency
to annoy or frighten horses or other animals.
22.
Enter any building or any public or private lands and break, injure
or deface such building or any part thereof, or the fences, accessory
structures or other property belonging to or connected with such building
or lands or disturb the exercises of any school or molest or give
annoyance to children attending such school or annoy any teachers
therein.
23.
Hinder or obstruct any Borough Officer or employee in the performance
of his duties or willfully refuse or neglect to assist any Borough
Officer or employee when lawfully called upon him so to do in the
execution of any process or in the suppression of any breach of the
peace or disorderly conduct or in the case of escape or when the officer
or employee is resisted in the discharge of his duty; or resist or
oppose any officer or person authorized by law in serving or attempting
to serve any writ, bill, order or process or when making any arrest,
consistent with N.J.S.A. 2C:29-1 et seq.
24.
Unnecessarily obstruct any sidewalk, street, or public place with
any kind of vehicle or vehicles or with any kind of box or boxes,
lumber, wood or other thing; but the provision of this section shall
not prevent persons who are building from occupying such portion of
the sidewalk, street or public place designated in a permit therefor
first obtained from the Construction Official.
25.
Hinder, prevent or deter, by any device, any firefighter or other
person from rendering lawful assistance in abating or quelling a fire
or hinder or interfere with any firefighter going to or returning
from any fire or place from which a fire alarm proceeds or hinder
or obstruct any fire engine, hook-and-ladder truck, hose cart or other
fire apparatus going to or from any place from which a fire alarm
proceeds or where any building or property may be burning.
26.
Enter upon or trespass upon the land or property of any other person
without lawful permission so to do in violation of N.J.S.A. 2C:18-3.
[1966 Code § 51-3; Ord. No. 125; amended 10-8-2019 by Ord. No. 25-2019]
As used in this section:
Shall mean and include, wherever appropriate in connection
with the context, "corporation," "partnership," "association" and
"individual" and shall include any other entity recognized by law
as having rights and duties.
[1966 Code § 51-4; Ord. No. 125; amended 10-8-2019 by Ord. No. 25-2019]
All fines imposed and collected upon and by virtue of this section
shall be paid to the Borough of Bloomingdale Municipal Court.
[1966 Code § 51-5; Ord. No. 125]
[Ord. No. 8-2000 § I]
This section is intended by the governing body of the Borough
of Bloomingdale to implement and enforce the purpose and provisions
of N.J.S.A. 2A:170-51 et seq.
[Ord. No. 8-2000 § I; Ord. No. 24-2016 § 1; Ord. No. 6-2017; amended 10-8-2019 by Ord. No. 25-2019]
For purposes of this section:
The Department of Health of the Borough of Bloomingdale.
The Health Officer of the Borough of Bloomingdale or his/her
designee.
Any license issued by the Borough including, but not limited
to, a liquor license, a license to sell or distribute food and beverages,
or a license to permit vending machines and/or mechanical amusement
devices.
Any license to sell or distribute alcoholic beverages issued
by the Borough pursuant to the laws of the State of New Jersey.
Any person under 18 years of age.
Any product that is designed to deliver nicotine, nicotine
vapor or non-nicotine vapor, including, but not limited to, any type
of electronic smoking device defined as an electronic or other powered
device that can be used to deliver nicotine or other substances to
the person inhaling from the device, including, but not limited to,
an electronic cigarette, cigar, cigarillo or pipe, or any cartridge
or other component of the device or related product, including, but
not limited to, any substances used in such devices such as liquids,
gels or powders, or any forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
An individual, partnership, corporation, cooperative association,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any building or enclosed structure open to the general public
and any street, road, sidewalk, walkway, park or open space located
within the Borough and maintained for use by the general public.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or other use, including but not limited
to cigars, chewing tobacco, pipe tobacco, snuff, shisha and cigarettes
in any form, or shall mean any other matter or substance which can
be smoked.
Any person that operates a store, stand, booth, concession
or place at which sales of tobacco are made including a person that
owns, operates or uses a vending machine.
Any automated self-service device which, upon insertion of
money, tokens or other form of payment, dispenses a tobacco product
or nicotine delivery product.
[Ord. No. 8-2000 § I]
It shall be unlawful for a minor to possess or use tobacco in
any public place.
[Ord. No. 8-2000 § I]
a.
A law enforcement officer who observes a minor in violation of this
section shall:
1.
Advise the minor of the existence of the violation of this section
and of the penalties for repeated violations of this section;
2.
Record the following information on a Tobacco Possession/Use Record
Card to be maintained in confidence by the Municipal Police Department
under the supervision of the Detective Bureau Commander.
(a)
Name of minor-offender;
(b)
Address of minor-offender;
(c)
Telephone number of minor-offender;
(d)
Date of minor's offense;
(e)
Place of minor's offense;
(f)
Time of minor's offense;
(g)
Nature of minor's offense (i.e. possession and/or use);
(h)
Name(s) of the minor-offender's parents and/or legal guardians;
and
(i)
Address and telephone number of the minor-offender's parents
and/or legal guardians, if different from above.
b.
The law enforcement officer shall have the authority to release the
minor on his own recognizance unless prevailing circumstances, such
as the existence of other violations, warrant the detention of the
minor.
c.
In all cases, a member of the Bloomingdale Police Department shall:
[Ord. No. 8-2000 § I]
a.
First Violation. The first violation of this section shall cause
a member of the Bloomingdale Police Department, assigned to perform
such duty, to notify the parents/guardians of the minor-offender of
the existence of the violation as set forth above.
b.
Second Violation. The second violation of this section shall cause
a member of the Bloomingdale Police Department, assigned to perform
such duty, to arrange for a meeting at Bloomingdale Police Department
headquarters with the minor-offender and the minor-offender's parents/legal
guardians, for the purpose of discussing:
c.
Third Violation. The third violation of this section shall cause
a member of the Bloomingdale Police Department, assigned to perform
such duty, to arrange for the minor-offender to attend, at the expense
of the minor-offender's parents/legal guardians, a short anti-smoking
education program, such as the two-hour seminar conducted by the Chilton
Memorial Hospital Community Education Department or its reasonable
equivalent. The minor-offender shall, within 48 hours of such attendance,
provide certified proof of such attendance to the Detective Bureau
Commander of the Bloomingdale Police Department. Failure to provide
certified proof of attendance shall constitute a fourth violation
of this section.
d.
Fourth Violation. The fourth violation of this section shall cause
a member of the Bloomingdale Police Department, assigned to perform
such duty, to arrange for the minor-offender to attend, at the expense
of the minor-offender's parents/legal guardians, a multisessional,
anti-smoking program, such as the six-session smoking cessation program
offered by the Chilton Memorial Hospital Community Education Department,
or its reasonable equivalent. The minor-offender shall, within 48
hours of attendance at each such session, provide certified proof
of such attendance to the Detective Bureau Commander of the Bloomingdale
Police Department. Failure to provide certified proof of attendance
shall constitute a fifth violation of this section.
e.
Subsequent Violations. Subsequent violations of this section shall
cause a member of the Bloomingdale Police Department to issue a complaint
to the minor, directing the same to appear in either the Municipal
Court or the Juvenile Court with respect to the same. If the minor
is convicted in the Municipal Court of violating this section, then
the Court shall sentence the minor-offender for each subsequent violation
to pay a fine of not less than $100 nor more than $500, which fine
shall be levied upon and payable by the minor/offender's parents/legal
guardians, and to perform community service for the benefit of the
citizens of the Borough of Bloomingdale for a period of time not less
than four hours nor more than eight hours.
[Ord. No. 6-2017, eff. 9-1-2017]
a.
Prohibition.
1.
No person shall sell, distribute or give tobacco or nicotine delivery
products in the Borough of Bloomingdale unless an employee of the
establishment controls the sale of such products. A person may only
sell tobacco or nicotine delivery products in a direct, face-to-face
exchange between the retailer and the consumer. Self-service displays
and all vending machines of tobacco or nicotine delivery products
shall be prohibited.
2.
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under 21 years of age.
3.
No person or tobacco retailer selling tobacco or nicotine delivery
products shall allow the retailer, employee or any other person to
sell, distribute or give such products until the retailer, employee
or other person has read the Bloomingdale Code, Ordinances and State
laws pertaining to the sale or distribution of tobacco and nicotine
delivery products and has signed a statement that they have read such
ordinances and State laws. Such form statement will be supplied by
the Health Department and all signed original statements shall be
kept on file by the tobacco retailer and made immediately available
at all times for review by the Health Department. All retailers shall
be in compliance with this provision within 30 days of the effective
date of this section.
b.
Identification Required.
1.
Any retailer, employee or other person selling, distributing or giving
tobacco or nicotine delivery products shall verify, by means of government-issued
photograph identification containing the bearer's date of birth, that
no purchaser of tobacco or nicotine containing products is younger
than 21 years of age. No such verification is required for any purchaser
over the age of 26. No retailer, employee or other person shall sell,
distribute or give tobacco or nicotine delivery products to a purchaser
younger than 21 years of age who has a note or any form of communication
from any person.
c.
Sign Requirement. The following six inch by eight inch sign shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products and/or nicotine delivery
products:
SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE
DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY
LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO SELLS OR OFFERS
TO SELL A TOBACCO PRODUCT OR A NICOTINE DELIVERY PRODUCT TO A PERSON
UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUES
AND THE BOROUGH OF BLOOMINGDALE ORDINANCES. IF YOU ARE AWARE OF ANY
RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT
THE BLOOMINGDALE HEALTH DEPARTMENT AT (973) 266-4069.
d.
Restriction of Tobacco Vending Machines and Sales. Self-service displays
and vending machines of tobacco or nicotine delivery products shall
be prohibited.
e.
Enforcement.
1.
Whenever the Health Officer, or his/her designee, or a Police Officer
of the Borough of Bloomingdale reasonably believes there exists a
violation of this section, such officer shall issue a summons and
complaint not later than 15 days after discovery of the alleged violation.
The complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the subsection(s)
of this section alleged to have been violated. The complaint shall
be delivered personally or sent via certified mail to the alleged
violator.
2.
The Health Officer, his/her designee or a Police Officer of the Borough,
after giving proper identification, and if no search or other warrant
is required by law, may summarily inspect any matter, thing, premises,
place, person, record, incident or event as necessary to enforce the
provisions of this section.
3.
It shall be unlawful for any person to willfully oppose, or otherwise
act to interfere with or obstruct the Health Officer or his/her designee
or any Police Officer in the performance of duties under this section.
The Health Officer or designee may request the assistance of the Police
Department when necessary to execute his/her official duty in the
manner prescribed by law.
4.
Citizens may bring complaints against violators of this section.
f.
Penalties.
1.
Unless otherwise provided by law, statute or ordinance, any person
violating any provision of this section shall, upon conviction thereof,
pay a fine of $500 for the first violation, $750 for the second violation,
and $1,000 for the third and each subsequent violation. Each violation,
and every day in which a violation occurs, shall constitute a separate
violation. The complaint shall be made in the Municipal Court or before
such other judicial officer having authority under the laws of the
State of New Jersey.
2.
In addition any violator of this section shall be subject to having
any Borough License, held by the violator, suspended, revoked or fined.
No such action may be taken unless the requirements of due process
are satisfied.
3.
Any person who continually violates this section may also be charged
by the Municipal Court or in Superior Court with maintain a nuisance.
4.
These penalties are in addition to any penalties that may be imposed
including but not limited to penalties imposed by the New Jersey Code
of Juvenile Justice, N.J.S.A. § 2A:170-51 et seq. and N.J.S.A.
§ 2C:33-13.1 et seq.
5.
Each sale, furnishing or giving of tobacco and or nicotine delivery
product to any person under the age of 21 shall constitute a separate
violation. Each violation, and every day in which a violation occurs,
shall constitute a separate violation.
6.
Fines and sanctions associated with this section shall be dedicated
and forwarded to the Health Department to be used in connection with
education and enforcement of this ordinance. The monies shall be maintained
by the Chief Financial Officer or Comptroller of the Borough of Bloomingdale.
[1]
Editor's Note: Prior ordinance history: Ord. No. 3-2004.
[Ord. No. 24-2016 § 2;
amended 10-8-2019 by Ord. No. 25-2019]
As used in this section, the following terms shall have the
meanings indicated:
All areas between a floor and ceiling, extending to the outer
perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by the Borough and/or occupied by Borough employees and used for official
business of the Borough.
Signs of the international no-smoking signal consisting of
a pictoral representation of a burning cigarette enclosed in a red
circle with a diagonal red line through its cross-section.
Includes all public parks, playgrounds, and ball fields publicly
owned or leased by the Borough of Bloomingdale ("Borough") and all
property owned or leased by the Borough 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 such as parking areas, driveways, or drive aisles.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
of substance that contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
[Ord. No. 24-2016 § 2;
amended 10-8-2019 by Ord. No. 25-2019]
a.
Smoking shall be prohibited in all Borough municipal buildings as
defined herein. No-smoking signs shall be clearly, sufficiently, and
conspicuously posted at each municipal building entrance (front/rear)
and within each closed area where smoking is prohibited by this section.
The signs shall be clearly visible to the public and shall contain
letters or a symbol that contrast in color with the sign, indicating
that smoking is prohibited therein.
b.
Smoking shall be prohibited within a twenty-five-foot radius of the
front entrance/exit of all municipal buildings. No-smoking signs shall
be clearly, sufficiently, and conspicuously posted at each municipal
building entrance (front/rear) and within each closed area where smoking
is prohibited by this section. The signs shall be clearly visible
to the public and shall contain letters or a symbol that contrast
in color with the sign, indicating that smoking is prohibited therein.
c.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Borough and all property owned or leased by
the Borough 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 facility such as parking areas,
driveways, or drive aisles, which have been designated with no-smoking
signs. No-smoking signs shall be clearly, sufficiently, and conspicuously
posted at each municipal building entrance (front/rear) and within
each closed area where smoking is prohibited by this section. The
signs shall be clearly visible to the public and shall contain letters
or a symbol that contrast in color with the sign, indicating that
smoking is prohibited therein.
d.
Smoking shall be prohibited in any motor vehicle registered to the
Borough.
[Ord. No. 24-2016 § 2]
The enforcement authority of this section shall be the Police
of the Borough of Bloomingdale.
[Ord. No. 24-2016 § 2;
amended 10-8-2019 by Ord. No. 25-2019]
A violation of this section shall be punishable for each violation
with a minimum fine of $50, not to exceed $200, payable to the Borough
of Bloomingdale Municipal Court.
[Ord. No. 23-2000 § 1; Ord. No. 8-2015]
Official Maps entitled "Radius Map I" and "Radius Map II," produced
by Borough Engineer Kevin P. Wynn, P.E., N.J. LIC. No. 39025, of Goodkind
& O'Dea, Inc. and dated December, 2000, are hereby approved and
adopted as official findings of record of controlled dangerous substance
and alcohol zones for schools, delineated by a radius of 1,000 feet,
and controlled dangerous substance and alcohol zones for public parks,
public libraries, public museums and public housing facilities, delineated
by a radius of 500 feet.
[Ord. No. 23-2000 § 1; Ord. No. 8-2015]
The Borough Clerk is hereby directed to receive and to keep on file the originals of the maps approved and adopted pursuant to Subsection 3-11.1 of the chapter and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the maps approved and adopted herein and kept on file. It is hereby further directed that true copies of such maps shall be provided without cost to the Passaic County Clerk and to the office of the Passaic County Prosecutor.
[Ord. 23-2000 § I; Ord. No. 8-2015]
The following additional matters are hereby determined, declared,
recited and stated:
It is understood that the maps approved and adopted pursuant
to this chapter were prepared and are intended to be used as evidence
in prosecutions arising under the criminal and traffic laws of this
State, specifically those prohibited and described in N.J.S.A. 2C:35-7,
N.J.S.A. 2C:35-7.1, P.L. 1999 Ch. 185 and N.J.S.A. 39:4-50, and that,
pursuant to State law, such maps shall constitute prima facie evidence
of the locations and boundaries of the property containing elementary
and secondary schools, public parks, public libraries, public museums
and public housing facilities within the Borough.
[Ord. No. 05-2005; amended 10-8-2019 by Ord. No. 25-2019]
a.
In case of a false alarm, or malfunction of any equipment, any person
having knowledge shall immediately notify the Police Department within
three minutes after receipt of the alarm to avoid a false alarm being
credited to the alarm user. In addition, in the case of a false alarm,
the Chief of Police, or his agent, shall cause an investigation to
be made and keep a record of said alarms on file.
b.
In the event that a malfunction or false alarm shall occur in the
equipment, the following penalties shall be assessed for each such
malfunction:
2.
Malfunctions or false alarms in excess of eight in any twelve-month
period shall constitute a basis for requiring a disconnection of devices
or equipment.
3.
In the event that an audible alarm fails to shut off after 15 minutes
and it becomes necessary for the Police Department, Fire Department
or any other individual acting on behalf of the Borough to shut off
said alarm, there shall be a fine in the amount of $150 payable to
the Borough of Bloomingdale Municipal Court.
[Added 9-1-2020 by Ord.
No. 30-2020]
As used in this section the following terms shall have the meanings
indicated.
An employee of the Borough of Bloomingdale that has not received
noise enforcement training as specified in N.J.A.C. 7:29. A noise
control investigator may enforce ordinances that do not require the
use of a sound level meter. The employee must be acting within his
or her designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCI using his or her
unaided hearing faculties of normal acuity. As an example, if the
sound source under investigation is a portable or vehicular sound
amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCI need not determine the title, specific words or the
artist performing the song.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multiuse
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multiuse property is
a building which is residential upstairs and commercial downstairs,
then the real property line is a building interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, radio, television,
digital or analog music player, public address system or sound-amplifying
equipment.
[Added 9-1-2020 by Ord.
No. 30-2020; amended 10-5-2021 by Ord. No. 23-2021]
a.
Noise and Sound. It shall be unlawful for any person to make, cause
or permit to be made, upon any premises owned, occupied or controlled
by him/her or upon any public street within the Borough of Bloomingdale,
any unnecessary noises or sounds, by means of (including, but not
limited to) the human voice, self-contained and/or portable music
or sound production devices, which are plainly audible and excessive
across a real property line and unreasonably disturbs or interferes
with the peace, comfort and repose of any resident. Sound production
devices, as defined in this section, shall not be operated in a manner
that disturbs the lives, comfort and peace of the residents. This
shall include any other noise or sounds that are plainly audible and
excessively loud, harsh or unusual in time and occurrence. Unusual
time shall include, but not necessarily be limited to, the hours between
10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 9:00
a.m. on weekends.
b.
Power Equipment Use. In all residential zones, or in any other zone
within 250 feet of a residential property line, contractor exterior
use of power tools, power equipment, motorized construction machinery,
landscaping, tree and yard maintenance power equipment shall be permitted
Monday through Friday 7:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m.
to 6:00 p.m. Such use shall be prohibited Sundays, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day.
Emergency activities affecting public safety, the safety, viability
and habitability of a principal dwelling structure and power equipment
and motorized machinery used for ice and snow removal shall be permitted
at any time.
[Added 9-1-2020 by Ord.
No. 30-2020]
No person shall urinate or defecate in or upon any street, highway,
road, alley, sidewalk, thoroughfare or in a public or semipublic place
or in the public view, except within designated restrooms, or outdoors
upon any private property without the consent of the property owner
or lawful occupant. For the purposes of this subsection only, "public
place," "semipublic place" or "public view" is defined as a location
where the prohibited conduct may reasonably be expected to be viewed
or could be viewed by others.
[Added 9-1-2020 by Ord.
No. 30-2020]
The provisions of this section shall be enforced by the Chief of Police or his/her designee. In addition, the Chief of Police or his/her designee are designated noise control investigators as defined in this section and are authorized to enforce the provisions of Chapter 3, § 13.2, including, but not limited to, times of day and/or distance determinations on public and/or private property and does not require the use of a sound level meter to make such determination.
[Added 9-1-2020 by Ord.
No. 30-2020]
a.
A separate offense shall be deemed committed on each day during or
on which a violation occurred or continued.
