Township of Branchburg, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #49-59; New]
For violation of any provision of this chapter, any other chapter of this revision, or any other ordinance of the township where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000, or imprisonment for a period not exceeding 90 days, or both. (N.J.S.A. 40:49-5)
Except as otherwise provided every day in which a violation of any provision of this chapter or any other ordinance of the township exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
The governing body may prescribe that, for the violation of any particular code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. #49-59; Ord. #81-393; Ord. #94-673; Ord. #2008-1106]
The several acts and offenses herein named are hereby prohibited, and any person offending against any of them shall be, on conviction thereof, subject to the penalty in section 3-1.
No person shall disturb the quiet, and peace of the township or of any lawful assemblage of persons, or any neighborhood, family or person within the township by any loud or unnecessary noise, or language threatening bodily harm or injury or by drunkenness or intoxication on the property of any person, or any indecent conduct whatever or quarreling, assaulting, fighting, or by wilfully or intentionally pushing or jostling any person lawfully in or on any bridge, street, sidewalk, public place, building or structure, or private property, or make any speech, gesture or other act tending to a breach of the peace.
No person shall break window glass, or throw stones, sticks, tacks, nails, glass, rubbish or any hard or offensive substances into or in any street or public place, or in or upon the property of another without the consent of the owner or into any cars, vehicles, houses or buildings.
No person shall set off fire-crackers, bombs, or torpedoes, or make bonfires, or discharge any kind of cannon, rifle, gun, pistol, air gun, sling shot, or other firearm in or on any public place or when on the property of another without the consent of the owner; or fire any gun or other explosive between sunset and sunrise except during the hunting season or when necessary for the protection of property; nor fire any gun or other explosive on Sunday without a written permit from the township committee, nor shall any person hunt for any game or shoot any gun upon the property of another person or corporation within 200 feet of any house or dwelling or across any public highway; provided, however, that this section shall not apply to any officer of the township, county or State while on duty.
No person, except an officer, shall carry any concealed pistol, gun, knife, metal knuckles, sandbag, or other weapon, within the township without a written permit issued by the Judge of the Somerset County Court. This section does not apply to the ordinary transportation of firearms and other weapons as merchandise.
No person shall intentionally cause a false alarm of fire.
No person shall expose or exhibit himself when naked or insufficiently clothed, within the township, where he or she may be seen or observed from any public street, public building or property, or from any private house, dwelling or store.
No person shall keep a tavern, house, shop, room, resort or place of any description where any kind of disorder or loud or offensive language is permitted, or for immoral purposes, or where any games of chance are played.
No person shall injure or damage any street lights, wires, poles or fixtures, lawfully in any street or public place or intentionally or maliciously injure, destroy or damage any public or private property.
[1]
Editor's Note: Former subsection 3-2. l 0, Intoxication in Public Places, previously codified herein was repealed in its entirety by Ordinance No. 2008-1106.
No person shall sell, give, or deliver any intoxicating drink to a minor for any purpose or to any intoxicated person, or to any person in the habit of being intoxicated.
No person shall disturb or molest any place where religious services are held, or any person going to or returning from such a place.
No tramp, common mendicant, or street beggars, shall beg or solicit alms within the township.
No person shall, within the limits of the Township of Branchburg consume any alcoholic beverage or have in his possession any unsealed alcoholic beverage container with alcoholic beverage therein.
a. 
In the parking area adjacent to any licensed premises for the sale of alcoholic beverages.
b. 
While in or on a public street, lane, roadway, avenue, sidewalk, public parking place, playground, recreation area, school building or grounds, or upon any land owned or occupied by any Federal, State, county or municipal government.
c. 
While on, in or about any public or quasi-public place or place to which the public is invited, including but not limited to any dedicated by unapproved street, roadway, or avenue, or any business, banking, church, institutional, commercial or professional premises, except when such consumption or possession is with the express permission of the owner or other body, board or person having the authority to grant such permission.
For the purpose of subsection 3-2.14, a container shall be regarded as unsealed when its top or cork has been removed or any of its contents have been removed or the government tax stamp has been removed or broken, or, in the case of a metal container, when the container has been opened in any fashion, or, in the case of twist-top containers, when the original seal has been broken.
Neither subsection 3-2.14 nor subsection 3-2.15 shall apply to any public park or picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations or other groups is specifically permitted by resolution of the township committee nor shall such provisions in any way interfere with the authority of the New Jersey Division of Alcoholic Beverage Control and/or the township committee to issue temporary licenses for the consumption of alcoholic beverages pursuant to law.
No person shall swim or bathe in any of the waters of or bounding the township, within 200 yards of any dwelling house at any time.
[1]
Editor's Note: Subsection 3-2.17, "Dumping on Public or Private Lands," previously contained herein, has been repealed in entirety by Ordinance No. 88-535. For provisions regarding litter and other offensive material, see section 3-12.
[Ord. #64-169; Ord. #88-534]
As used in this section, the following terms shall have the meanings indicated:
ABANDONED, PARKED OR DISCARDED VEHICLE
Shall mean any vehicle which is continually present upon property longer than the time limitations outlined in subsection 3-3.2a through c, inclusive of this section.
INOPERABLE VEHICLE
Shall mean any vehicle which cannot be started upon request of the enforcement officer of this section, or for any other reason will not run, e.g., no battery, flat tires, no wheels, or which displays extensive body damage or deterioration. A vehicle shall also be considered inoperable if the owner refuses to start it, or if it is not validly registered with the New Jersey Division of Motor Vehicles pursuant to N.J.S.A. 39:3-1 et seq. or if such registration has expired.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
VEHICLE
Shall mean any machine propelled other than by human power, designed to travel along the ground by use of wheels, treads, runners or slides, and includes without limitation automobile, truck, trailer, motorcycle, tractor.
a. 
No person shall park, leave or store any abandoned, unregistered, junked, discarded or inoperable vehicle on any private lands for a period of more than 30 days.
b. 
No owner or occupier of any private lands or premises shall permit or suffer any abandoned, unregistered, junked, discarded or inoperable vehicle to be parked, left, stored or maintained on such private lands or premises for more than 30 days.
c. 
No person shall park, leave or store any motor vehicle on any public lands or premises except in case of emergency and then for a period not to exceed 48 hours.
This section shall not apply to lawfully operated junkyards or towing services, or to vehicles located or stored inside garages or other buildings, to businesses lawfully engaged in the repair and/or sale of motor vehicles, or to motor vehicles under the control of the Township of Branchburg.
a. 
The officers of the Township of Branchburg which shall be charged with the enforcement of this section are the Township of Branchburg Zoning Officer or his designated representative and the township police.
b. 
Any vehicle determined by one of the officers listed in paragraph a to be in violation of this section may be taken into possession and removed to a storage place designated by the township clerk/administrator.
c. 
Upon the taking into possession of any vehicle, it shall be disposed of by following the procedures established by N.J.S.A. 39:10A-1 et seq. for the disposition of such vehicles, including payment to the township of all of its costs for removal and storage of such vehicle.
a. 
Any person who shall violate any provision of this section shall, upon conviction thereof, be liable to a fine of not more than $1,000 or imprisonment for a term of not more than 90 days, or both.
b. 
The imposition of a penalty or penalties for any violation of this section shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time. If said violations are not corrected within a reasonable time as shall be determined at the trial for the first offense, then each 10 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder.
[Ord. #96-722]
[1]
Editor's Note: Prior ordinances codified herein include portions of Ordinance 69-225, 88-523, 89-551; 92-633.
This section shall be known and cited as "The Branchburg Township Debris Control Ordinance".
This section is adopted pursuant to the authority of N.J.S. 40:48-2, N.J.S. 40:48-2.13, N.J.S. 40:48-2.13a and N.J.S. 40:48-2.14.
The presence upon lands lying within the corporate limits of the township of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris (hereinafter collectively "debris") is hereby declared to be detrimental to the preservation of the public health, safety and the general welfare and likely to present a fire hazard.
The owners or tenants of dwellings or lands lying within the corporate limits of the township are hereby required to remove debris from or cause debris to be removed from such lands or dwellings within 10 days after notice to remove or destroy the same from the township zoning officer.
The presence upon lands or in dwellings located within the township of solid waste stored in such a way that it is accessible to and likely to be strewn about by animals such as, but not limited to, dogs, cats, raccoons, birds or rodents (hereinafter "solid waste") is hereby declared to be detrimental to the preservation of the public health, safety and general welfare.
The owners or tenants of dwellings or lands lying within the corporate limits of the township are hereby required to remove solid waste from or cause solid waste to be removed from such lands or dwellings within the time stated in any notice from the township zoning officer, which time shall be not less than 72 hours nor more than 10 days.
a. 
Notice to the owner or tenant to remove or cause the removal of debris or solid waste may be served personally; by certified mail to the property address; or by certified mail to the most recent address on file with the township tax collector for tax bills. Notice by personal delivery shall be deemed complete upon delivery; notice by certified mail shall be deemed complete upon delivery of the certified mail. If certified mail is returned refused or otherwise undelivered, and if a copy of the same notice was simultaneously served by regular mail and the copy is not returned, delivery shall be deemed complete three days after mailing.
b. 
Every such notice shall, in addition to requiring the removal of debris or solid waste, warn that failure to accomplish such removal within the time stated therein will result in removal by or under the direction of the township zoning officer; and that the cost of such removal shall be charged against such lands or dwelling and shall become a lien upon the dwelling or lands, to be collected and enforced by the same officers and in the same manner as taxes.
Whenever the owner or tenant of such lands within the township, having been given any notice provided for by this section to remove from such lands debris or solid waste, shall fail or neglect, within the time prescribed in the notice, to effect removal of such substances, such removal shall be accomplished by or under the direction of the township zoning officer. An accurate record of the cost of such removal to the township shall be determined by the township zoning officer, who shall certify the cost thereof to the township committee, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against the lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
The presence in or upon land lying within the corporate limits of the township of debris (as defined by subsection 3-4.3) or masonry materials, brick, metal objects such as machinery and household appliances, and other similar substances is hereby declared to be detrimental to the public health, safety, and general welfare. None of the substances referred to in this section shall be buried or deposited in or upon or used to fill up or raise the surface or level of any lot, grounds, street, road or alley in the township.
Any person who violates any of the provisions of this section or fails to comply with any notice given by the township zoning officer shall, upon conviction thereof, be liable to the penalty of section 3-1. Any such penalty shall be in addition to the costs of removing the prohibited substances from the lands described in the notice given by the township zoning officer.
[Ord. #2011-78]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 72-260, 86-499, 95-704, 99-792 and 2010-1169.
The following rules and regulations are hereby adopted for the protection, regulation and control of public parks, recreation areas and open space owned and operated by the Township of Branchburg including driveways, sidewalks, paths, parking lots, buildings and all facilities.
All public parks, recreation areas and open space shall open at sunrise and close at sunset each day, unless prior permission is granted and a permit issued by the recreation director. No person shall, without permission, enter into or remain in public parks, recreation areas or open space except during the hours it is open to the general public.
Whenever any group, association or organization desires reserved use of public parks, recreation areas and open space a representative of said group, association or organization shall first obtain a permit from the recreation director as outlined in the Township of Branchburg Recreation Facility Use Policy.
No person shall use any portion of public parks, recreation areas and open space for vehicular travel or parking except those designated for that purpose. Footpaths, walkways and trails established for pedestrian use shall not be used for vehicular travel. The use of any unregistered or uninsured motor vehicle, of any kind, is prohibited in any public parks, recreation areas and open space. Municipal and other duly authorized vehicles are excluded from this provision.
No person shall engage in any commercial use or enterprise in public parks, recreation areas and open space without prior approval of the recreation director.
No alcoholic beverages, drugs or narcotics are to be consumed, dispensed or brought into any public parks, recreation areas and open space. Persons possessing or consuming alcohol, illegal drugs or narcotics shall not be permitted within public parks, recreation areas and open space.
No person shall harass, obstruct, molest, assault or interfere with any person lawfully within the public parks, recreation areas and open space; nor shall any person interfere with any law enforcement officer or public official in any public parks, recreation areas and open space.
No person shall use abusive, threatening, insulting or indecent language in public parks, recreation areas and open space.
No person shall build, light or maintain an open fire within any public parks, recreation areas and open space at any time without the proper permit from the recreation director and fire official.
No person shall leave or throw bottles, broken glass, ashes, wastepaper or other rubbish or litter in any public parks, recreation areas and open space, except in a properly provided receptacle designated for that purpose.
No person shall carry or discharge any weapon or firearms within any public parks, recreation areas and open space without authorization. No person shall molest, trap, capture, hold, remove, injure or kill any animal or disturb its habitat within any public parks, recreation areas and open space without authorization.
No domestic animals shall be permitted to run at large in any public parks, recreation areas and open space. All such pets shall be kept on a leash not exceeding six feet in length. No person shall ride, drive, lead or keep any domestic animal in any public parks, recreation areas and open space without prior authorization of the recreation director. Curbing of dogs is required as per subsection 5-8.7 of the Revised General Ordinances of the Township of Branchburg.
Disposal of solid waste onto public parks, recreation areas and open space property or into refuse containers on said property is prohibited except for solid waste generated by customary, permitted use of said property.
a. 
Fireworks prohibited at all times, unless otherwise permitted in advance by the recreation director or township committee.
b. 
Ice skating prohibited, except in designated areas and at designated times as authorized by the recreation director.
c. 
Swimming prohibited at all times.
d. 
Hitting of golf balls prohibited at all times.
e. 
Fishing prohibited, except in designated areas and at designated times as authorized by the recreation director.
f. 
Boating prohibited at all times.
g. 
Municipal tennis courts, basketball courts and roller hockey rinks are to be used for their named purposes only, unless otherwise permitted in advance by the recreation director.
Any person or persons found to be in violation of the provisions of this section shall be subject to penalties as set forth in section 3-1 of the Revised General Ordinances of the Township of Branchburg.
[Ord. #74-272; Ord. #77-319; Ord. #90-592; Ord. #99-792]
As used in this section:
a. 
MOTOR VEHICLE – Shall mean any vehicle which is propelled by other than muscular force and shall include any vehicle drawn or propelled by such a vehicle. Motor vehicle shall also include a motorized bicycle as hereinafter defined.
b. 
PUBLIC LANDS – Shall mean any lands situate within the township which are held in the name of the township or the Branchburg Township Board of Education, except lands held in the name of the township for use as public highways.
c. 
MOTORIZED BICYCLE – Shall mean a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc, or the motor is rated at no more than 1.5 brake horsepower and the bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.
a. 
No person shall operate or park a motor vehicle on public lands within the township except in those areas which are improved, maintained or designated for the use of motor vehicles.
b. 
No person owning or having custody or control over a motor vehicle shall permit the same to be operated upon, to be parked upon, or to stand upon any public lands within the township except in those areas improved, maintained or designated for the use of motor vehicles.
a. 
No person shall operate a motor vehicle upon public lands within the township unless the same first be so registered as to comply with the requirements of Chapter 3 of Title 39 of New Jersey Statutes for the use of motor vehicles on the public highways.
b. 
No person shall permit a motor vehicle which he owns or over which he has custody or control to be operated upon public lands in the Township of Branchburg unless the same first be so registered as to comply with the requirements of Chapter 3 of Title 39 of New Jersey Statutes for the use of motor vehicles on the public highways.
a. 
No person shall operate a motor vehicle on public lands within the township unless he is licensed in accordance with the provisions of Chapter 3 of Title 39 of New Jersey Statutes to operate such motor vehicle on the public highways of this State.
b. 
No person who owns or has custody or control over a motor vehicle shall permit the same to be operated upon public lands within the township unless the operator thereof is licensed in accordance with Chapter 3 of Title 39 of New Jersey Statutes to operate such motor vehicle upon the public highways of this State.
No person shall operate or park a motorized bicycle carelessly, or without due caution or circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.
No person shall permit a motorized bicycle which he owns or over which he has custody or control to be operated upon any private property without the express written consent of the owner or occupant of the property. Where such express prior written consent has been obtained, the operator shall keep the same on his person, available for immediate display, during the period of such operation.
No person shall permit a motorized bicycle which he owns or over which he has custody or control to be operated within the Township of Branchburg before the hours of 8:00 a.m. or after sunset.
No provisions of this section shall be interpreted as imposing any restriction or regulation on vehicles or the operators thereof used with the permission of the township committee or the Branchburg Township Board of Education, as the case may be, for lawn maintenance or improvement, grounds maintenance or improvement, or farming purposes.
No person shall park a motor vehicle at any time upon any of the public lands or parts thereof described in Schedule I attached to and made a part of this chapter.[1]
[1]
Editor's Note: Schedule I, referred to herein, is included as an attachment to this Chapter 3.
A speed limit of 15 mph is established throughout all Branchburg parks.
Regulatory and warning signs shall be erected and maintained to effect the above designated speed limit.
[Ord. #82-419; Ord. #83-427; Ord. #2002-910; Ord. #2004-971; Ord. #2010-1168; Ord. #2011-1188; Ord. #2013-2015; Ord. #2013-1218]
The following described premises are hereby designated as a commuters' parking lot:
Being the same premises leased by the Township of Branchburg from New Jersey Department of Environmental Protection Division of Water Resources, by lease dated March 22, 1982, situated on the southerly side of U.S. Highway Route 202, and also being described as Lot 2A and 2B in Block 55 on the tax map of the Township of Branchburg.
No person shall park any vehicle in the commuters' parking lot hereby established on any business or working day without obtaining and properly displaying on the parked vehicle a parking permit as hereinafter provided in subsection 3-7.3. Business or working days shall be hereby described as weekdays, Mondays through Fridays, except recognized holidays. The commuters' parking lot will be made available to the general public free of charge, without a permit each Saturday, Sunday and legal holiday.
Parking between the hours of 12 midnight and 4:30 a.m. is prohibited. Parking in excess of 24 hours may be approved by the Township Clerk in the case of emergency situations only. In no event will parking be permitted for more than 48 consecutive hours.
Entrance to and exit from the parking area of the lot shall be by the designated routes only. The speed throughout the parking area shall be limited to 15 m.p.h. All vehicles must be properly parked within the designated parking spaces.
All vehicles must be currently registered, insured and inspected.
Commuter's parking lot permits may be obtained for each vehicle by making application to the township clerk's office upon forms to be supplied by the clerk. The township clerk is hereby authorized to issue to persons applying, on paying the required nonrefundable fee, permits for the parking of motor vehicles in the reserved lot. Such permits shall be issued on the following basis:
Annual Permit
Fee
Branchburg Residents:
Issued January - June
$175 (Good through December 31)
Issued July - December
$75 (Good through December 31)
Daily Permits
$5
Non-Branchburg Residents:
Issued January - June
$250 (Good through December 31)
Issued July - December
$175 (Good through December 31)
Daily Permits
$10
The annual permit commences on January 1 and authorizes the person to whom it has been issued to park a designated motor vehicle in the commuter's parking lot during the days set forth in subsection 3-7.2 above.
Each permit shall be in the form of a hanging permit. A hanging permit shall only be hung from the rear view mirror with the number facing outward for visibility. It is unlawful to alter any permit and is subject to penalties. Failure to display permit properly is a violation and is subject to penalties.
Permits will be issued on a first come, first served basis; however, for each permit issued the purchaser shall be entitled to the use of a single parking stall. Branchburg Township residents shall be given preference in the issuance of permits. Every applicant for a permit shall produce a valid registration and insurance certificate for each automobile to be parked in the commuter lot.
Parking of commercial vehicles over 8,500 pounds in the commuter lot is prohibited at all times.
Any person found guilty of a violation of this section shall be punished by a fine of $100. In addition, on recommendation by the township clerk, the Township Committee may revoke the permit of any violator and thereafter refuse to issue a new permit for the next renewal period.
This section shall take effect the first day of May 1982 after proper passage and publication as required by law.
[Ord. #83-441]
A person who sells obscene material within the township to a person 18 years of age or older is guilty of a violation of this chapter.
With respect to persons 18 years of age or older, "obscene material" shall mean any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated sensual details:
a. 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;
b. 
Lacks serious literary, artistic, political, or scientific value, when taken as a whole; and
c. 
Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
A person who knowingly sells obscene material within the township to a person below the age of 18 years, is guilty of a violation of this chapter.
With respect to persons below the age of 18 years, "obscene material" shall mean any description, narrative account, display, or depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
a. 
OBSCENE FILM – Shall mean any motion picture film or preview or trailer to a film, not including newsreels portraying actual current events or pictorial news of the day, in which a scene, taken by itself:
1. 
Depicts a specified anatomical area or specified sexual activity, or the simulation of a specified sexual activity, or verbalization concerning a specified sexual activity; and
2. 
Emits sensuality sufficient, in terms of the duration and impact of the depiction, to appeal to prurient interest.
b. 
SPECIFIED ANATOMICAL AREA – Shall mean:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if covered.
c. 
SPECIFIED SEXUAL ACTIVITY – Shall mean:
1. 
Human genitals in a state of sexual stimulation or arousal; or
2. 
Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or
3. 
Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
Any person who knowingly admits a person under 18 years of age to a theatre then exhibiting an obscene film is guilty of a crime of the fourth degree. It is an affirmative defense to a prosecution under this subsection that the defendant is an employee in a motion picture theatre who has no financial interest in that motion picture theatre other than his wages and has no decision making authority or responsibility with respect to the selection of the motion picture show which is exhibited.
KNOWINGLY
Shall mean having knowledge of the character and content of the material or film described herein; or having failed to exercise reasonable inspection which would disclose its character and content.
The requisite knowledge with regard to the character and content of the film or material and of the age of the person is presumed in the case of an actor who sells obscene material to a person under 18 years of age or admits to a film obscene for a person under 18 years of age.
[Ord. No. 83-441 § 1]
It is an affirmative defense to a prosecution under paragraphs b and c which the defendant must, prove by a preponderance of evidence that:
a. 
The person under age 18 falsely represented in or by writing that he was 18 or over;
b. 
The person's appearance was such that an individual of ordinary prudence would believe him to be age 18 or over; and
c. 
The sale to or admission of the person was made in good faith relying upon such written representation and appearance and in the reasonable belief that he was actually age 18 or over.
[Ord. No. 83-441 § 1]
A person who knowingly publicly communicates obscene material within the township or causes or permits it to be publicly communicated on property he owns or leases or operates is guilty of a violation of this chapter. Public communication of obscene matter shall constitute presumptive evidence that the defendant made the communication or caused or permitted it to be made knowingly.
[Ord. No. 83-441 § 1]
PUBLICLY COMMUNICATE
Shall mean to display, post, exhibit, give away or vocalize material in such a way that its character and content may be readily and distinctly perceived by the public by normal unaided vision or hearing when viewing or hearing it in, on, or from a public street, road, thoroughfare, recreation or shopping center or area, public transportation facility or vehicle used for public transportation.
[1]
Editor's Note: Ordinance No. 2015-1270 replaced Section 3-9 in entirety. Prior ordinances include Ordinance Nos. 84-464 and 85-475.
[Ord. No. 2015-1270]
As used in this section:
CONSTRUCTION ACTIVITY
Shall include, but not be limited to, the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair or equipping of buildings or structures; "construction activity" shall not include emergency construction or repair within any street or other public right-of-way by the State or any agency, contractor or political subdivision thereof, or any public utility as defined by N.J.S.A. 48:2-13.
RESIDENTIAL AREA
Shall mean (1) any zone designated by the current Township Land Use Ordinance where residences of any kind are permitted as a principal use; and (2) any location within 500 feet of such a zone where there is located one or more residences.
[Ord. No. 2015-1270]
No person shall make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by such person any noise or sound emanating from construction activity that is of a level and duration that such noise or sound can be heard beyond the property line of such premises by an individual with normal hearing ability, from 8:00 p.m. until 7:00 a.m. prevailing local time in a residential area, and from 8:00 p.m. until 6:00 a.m. prevailing local time other than in a residential area.
[Ord. No. 2015-1270]
No person shall make, cause or suffer or permit to be made or caused upon any public street, alley or thoroughfare any noise or sound emanating from construction activity which is of level and duration that such noise or sound interferes with the peace and quiet of an individual with normal hearing ability, from 8:00 p.m. until 7:00 a.m. prevailing local time in a residential area, and from 8:00 p.m. until 6:00 a.m. prevailing local time other than in a residential area.
[Ord. #85-469; Ord. #91-613; Ord. #2008-1092]
This section shall be known as the "Towing Ordinance of the Township of Branchburg".
a. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
1. 
TOWNSHIP – Shall mean the Township of Branchburg.
2. 
CHIEF OF POLICE – Shall mean the chief of the police department of the Township of Branchburg or anyone designated by him.
3. 
PERSON – Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
4. 
TOWING LIST – Shall mean a list maintained by the police department containing the names of those wreckers licensed by the township to respond to requests for the towing of vehicles made by the police department.
5. 
TOWING OPERATOR – Shall mean a person engaged in the business of, or offering the services of, a vehicle wrecker or towing service, whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose.
6. 
WRECKER – Shall mean a specially adapted vehicle used to remove motor vehicles from one place to another; tow vehicle.
In order to protect persons who operate motor vehicles inside the Township of Branchburg, it is desirable and necessary to adopt this section to ensure proper licensing, storage, availability and other controls over persons and firms licensed to provide wrecker service.
[Ord. No. 85-469 § 1; Ord. No. 2019-1339 § 1]
Any person desiring to perform towing work at police request shall submit an application for a wrecker service license, in duplicate, to the license officer. Applications shall be obtained from the license office and shall include:
a. 
The name of the owner, home and business address, home phone and name under which the person does or will trade;
b. 
The location, size and security features of the storage lot on which towed vehicles will be stored;
c. 
The location to which the public must come to claim stored vehicles;
d. 
A statement of willingness to provide wrecker service on a continuous 24 hour a day basis each day of the year;
e. 
A complete listing of the insurance policies, carriers and agents the owner would place into effect upon license approval;
f. 
A statement that the wrecker owner will indemnify and hold harmless the Township in the event that any claim or recovery is made against the Township arising out of the towing service or storage of vehicles, along with a description of the place to be used to adequately protect the property left in towed or stored vehicles;
g. 
A description of communications to be used on each wrecker and a description of the type of communications system utilized at the office where calls are received;
h. 
A statement that response times to police requests for towing services shall not exceed 20 minutes from the time of the police dispatcher's call to the time of arrival at the scene.
All applicants for a license shall obtain an application for a wrecker service license from the township clerk's office, which upon receipt of same and the annual application fee of $150, shall forward said application to the chief of police for investigation of the truth and accuracy of the information contained therein. Upon completion of his investigation, the chief of police shall forward a copy of said application to the township clerk along with a recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. If the township committee finds that the applicant has met the requirements of this section, a license shall be issued to the applicant and the applicant's name placed at the end of the towing list. All licenses shall expire on June 30 of each year.
a. 
No wrecker license shall be issued until the applicant has deposited with the township clerk or chief of police a garage liability policy covering the operation of the owner's business, equipment or other vehicles for any bodily injury or property damage. This policy shall be in the minimum amount of $500,000 for any one person injured or killed and a minimum of $1,000,000 for more than one person killed or injured in any accident and an additional $100,000 for property damage.
b. 
Each policy must contain an endorsement by the carrier providing 90 days' notice to both the township and the insured in the event of any change in coverage under the policy.
The owner shall provide continuous twenty-four-hour-a-day service each day of the year and shall provide an attendant or answering service for the purpose of receiving calls for service. The owner shall be available to release stored vehicles during the hours of 8:00 a.m. to 5:00 p.m. each day except Sundays and holidays. The owner shall assume all liability and shall indemnify and save the township harmless from such liability for damages sustained by vehicles while being towed or stored and for all personal injuries occurring to any of the firm's employees or other persons and shall maintain the required insurance policies. The wrecker owner shall not release any vehicle directly impounded by the township without authorization by the police department.
Minimum equipment to be maintained or available for service shall include:
a. 
Two tow vehicles, or
b. 
One tow vehicle and a flatbed truck.
c. 
All units must have a fire extinguisher of the ABC type, safety chains, stiff push broom, slings, warning lights and the necessary equipment to provide a complete service to tow vehicles below three-quarter ton capacity with two axles and motorcycles.
All costs incident to towing and storage shall be paid by owner or person in charge or possession of the towed and stored vehicle to the owner of the wrecker company and a receipt for payment shall be issued to said person. The township shall assume no liability or responsibility for any vehicle removed from any place without the authority of the chief of police. The wrecker owner shall maintain approved records and claim check system to assure release of vehicles to the rightful owner or authorized person. Such records shall be open to the police department for investigation of specific complaints and for compiling surveys under this section. The owner of any wrecker service shall permit any person appointed by the chief of police to inspect his wreckers, vault, security form or storage area at such times as the chief of police shall deem appropriate.
[Ord. No. 85-469 § 1; Ord. No. 2008-1092 § 4; Ord. No. 2019-1339 § 2]
Towing services will rotate on a weekly basis. The week will start at midnight on the first of the week and will conclude at 11:59 p.m. on the first day of the following week. During the week towing service is assigned, the tow operator shall respond to the scene of all calls for service requested through the police department within 20 minutes of dispatch. If the tow operator is unable to respond to the scene within 20 minutes, the next tow operator on the list will be contacted. Tow operators accepting assignments and failing to respond to the scene within 20 minutes of dispatch may be subject to removal from the tow list and the penalties set forth in section 3-10.21. The chief of police shall not call or cause to be called any wrecker not licensed with the township unless all such wreckers are unavailable. It is specifically permitted for the chief of police to call a wrecker out of sequence where proximity to the wreck and estimated response time make it more practical to do so. Failure to comply with this ordinance will result in removal from the list by decision of the township committee, after a full disclosure of the facts by all parties involved.
A covered facility must be provided for security of autos impounded by the police for death by auto or crime incidents. The covered facility must be on the grounds of the towing service or meet the approval of the police department. No one shall release an impounded vehicle without permission of a police department representative.
Tow operators will not tow any vehicle that is off the road or involved in an accident without notifying the police before hookup.
No reward, gratuities, gifts or any type of remuneration will be offered to any Branchburg Township police officer, township official, or the dispatching service by any towing service operator or his employees. Towing services that do repairs on vehicles, sell gasoline or auto parts will not offer extended credit to any police officer of Branchburg Township for repairs or service of a personal vehicle.
The responding tow operator or licensee shall be responsible for cleaning the scene of an accident of broken glass, metal or debris by sweeping the road surface to the satisfaction of the officer in charge of the scene.
When a towing service responds to a scene by request of the dispatcher, no other towing service is allowed on the scene unless authorized by the officer in charge. The officer at the scene of any incident will be the final authority on when to tow or who shall tow a vehicle. The officer will not be limited to the tow list when it is obvious that special tow vehicles are required for large vehicles and public safety is threatened by the vehicles requiring removal. Wrecker operators must be competent enough to handle most wrecks or tow situations.
Services provided for vehicles of more than three-quarter ton capacity or vehicles loaded with cargo will be by discretion of the tow operator. Large vehicles that cannot be towed by the responding service will require the operator to provide a suitable outside service to respond within 30 minutes.
The mayor and township committee may terminate any license when they find that:
a. 
The license was secured by fraud or by the concealment of a material fact by the wrecker owner and such fact, if known, would have caused the refusal to issue a license.
b. 
The wrecker owner has violated any of the requirements of this section or regulations established by the chief of police under this section.
The township committee shall by resolution establish a table of maximum fees that may be charged by wrecker owners licensed under the provisions of this section for towing and storage. Any changes made to that table shall also be by resolution, and tow operators and licensees notified of same by ordinary mail.
The chief of police shall establish reasonable rules and regulations for tow operators and wreckers as from time to time he deems appropriate for the safety, well-being and protection of citizens within his jurisdiction and their property. The chief of police shall notify licensees of proposed rules and regulations. Such notice shall be given by ordinary mail, or by hand delivery.
No wrecker may respond to the scene of an accident or emergency for the purpose of towing vehicles unless specifically called there by the police or person involved in the accident or emergency. This subsection is intended to prohibit wrecker owners from soliciting business at the scenes of accidents and emergencies and shall not be construed to prohibit any wrecker from contracting with any person, firm or corporation, provided that the wrecker owner, his agents and employees do not solicit towing contracts at the scenes of accidents or emergencies.
Every person found guilty of violating any of the provisions of this section may, in addition to being removed from the towing list, be liable to a fine of not more than $250.
Nothing herein shall be construed as binding on the State Police or New Jersey Motor Vehicles Inspectors who operate by State authority within Branchburg Township.
Wrecker services are required to have copies of established rates available for the vehicle owner or driver at the time of tow.
All grievances by licensees or the public shall be brought to the attention of the police department and the township administrator. Complaints of any violation of this section may result in the suspension of the said wrecker service by the chief of police until a hearing can be arranged by the administrator. If it is found that a violation of this agreement does exist, the township committee may terminate the wrecker service license. All decisions made by the township committee shall be considered final.
This section in no way denies the right of a motorist to request or summon a tow operator of his own choosing, providing the officer at the scene determines that the tow operator to be summoned can arrive at the scene in a time limit as specified herein, has the proper equipment to clear the scene and the safety of persons or motorists will not be jeopardized by the time involved. No officer will be required to accept a towing service unknown to him when the safety of the public is potentially threatened by a disabled or wrecked vehicle.
[Ord. #86-481; Ord. #90-586]
This section is a written statement of the smoking policy of the Township pursuant to N.J.S. 26:3D-25.
For the purposes of this section:
a. 
SMOKING — Shall mean the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
b. 
TOWNSHIP BUILDING — Shall mean a building or portion of a building owned or leased by the Township of Branchburg.
c. 
TOWNSHIP VEHICLE — Shall mean any motor vehicle owned and registered by the Township of Branchburg to be operated on the public highways.
Smoking is prohibited in all township buildings. At all entrances to every such building and in a location clearly visible to the public, a sign shall be posted with letters at least one inch in height stating "smoking prohibited" or the international symbol for "smoking prohibited." The sign may also indicate that violators are subject to a fine.
Smoking is prohibited in all township vehicles. Within all township vehicles and in locations clearly visible to the operator and all occupants of the vehicle, signs shall be posted with letters at least one inch in height stating "smoking prohibited" or the international symbol for "smoking prohibited."
a. 
The following individuals shall be permitted to smoke within designated sections of any building occupied by the police department, but only under the circumstances described:
1. 
Persons who are at the police department for the purposes of reporting or aiding in the investigation of crimes against them, against their families or against their property;
2. 
Persons brought to the police department for questioning by the police.
b. 
The Chief of Police shall adopt appropriate rules which effectuate the provisions of this subsection.
a. 
Any person who violates this section or any of its provisions shall, upon conviction thereof, be subject to a fine not to exceed $100.
b. 
Any penalty recovered under the provisions of this section shall be recovered by and in the name of Township of Branchburg Board of Health. The penalty recovered shall be deposited into the treasury of the Township of Branchburg.
c. 
The Municipal Court of the Township of Branchburg shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this section. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Township of Branchburg Board of Health.
[Ord. #88-535]
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
LITTER
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, newspaper, 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.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such 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.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle 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.
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.
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
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 the costs therefor.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or after 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.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
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. 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 side-walk 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 properly containerized for disposal.
Any person who shall violate this section or any of its provisions shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both, and each day that a violation continues shall be deemed to be a separate and distinct violation of this section.
[Ord. #90-590; Ord. #91-622]
The purpose of this section is to require the clear display of authorized and assigned house numbers for every principal structure on every lot fronting any street in the Township of Branchburg. This is in order to assist the general public and emergency services, public and private, in identifying any property in case of emergency or otherwise.
As used in this section:
ENFORCEMENT OFFICIAL
Shall mean the employee(s) of the Township of Branchburg designated from time to time by the Branchburg Township Committee as the official(s) empowered to enforce the provisions of this section.
HOUSE NUMBER
Shall mean the Arabic number or numbers (and where required by subsection 3-13.7, the capital letter) assigned to each lot.
LOT
Shall mean any lot within the township which fronts on any actual or proposed street.
PERSON
Shall mean any natural person, firm, partnership, association, corporation, company, or any other organization.
PROPERTY OWNER
Shall mean any person with an ownership interest in any lot as defined in this section. Property owner shall also mean any person who owns or operates any nonresidential use.
STREET
Shall mean any street upon which a principal structure fronts.
There is hereby established the property numbering committee to formulate a system to properly identify all lots within the Township of Branchburg by assigning house numbers thereto. The township committee shall appoint such members as it chooses from time to time.
The property numbering committee shall submit a property numbering plan to the township committee within 180 days after adoption of this section. The township committee may then adopt the plan, modify it, or return it to the property numbering committee for further study. After adoption of the property numbering plan, the property numbering committee may supplement the plan from time to time as necessary.
All principal residential, commercial, industrial or other principal structures erected on lots within the Township of Branchburg shall display identification numbers as provided herein.
House numbers shall be:
a. 
Placed wholly upon the owner's property, and shall not encroach upon any easement or right of way.
b. 
Mounted in secure fashion to the front wall or porch of the building or other fixed appurtenance such as a post, rod or mailbox, which shall be placed between the front of the building and the street so as to be clearly visible from the street.
c. 
Subject to the following visibility requirements:
1. 
All numbers shall be a minimum height of four inches.
2. 
All numbers posted shall directly face the street and shall be of reflective material or of sufficient visual contrast to the background material to be easily discernible from the street with the aid of an emergency vehicle spotlight.
3. 
All numbers shall be placed at least 30 inches above ground level and so placed that trees, shrubs, screen doors and other obstructions do not block the line of sight of the numbers from the street.
d. 
Subject to any additional requirements imposed by the property numbering committee which are reasonably necessary to effectuate the purpose and intent of this section.
a. 
Whenever any improvement shall be erected on any lot after the passage of this section, it shall be the duty of the property owner to ascertain the correct house number or numbers and to immediately comply with this section.
b. 
No certificate of occupancy shall be issued for any improvement until the property owner has complied with this section or the enforcement official has determined that the requirements of this section do not apply.
c. 
All subdivisions shall have house numbers assigned prior to final approval. All such house numbers shall be shown on the site plan submitted for final approval.
It shall be the responsibility of every property owner to comply with the requirements of this section.
a. 
This section shall be enforced on behalf of the Township of Branchburg by the enforcement official. The enforcement official shall have the authority to prosecute a complaint for any violation of this section in the municipal court. Each day of noncompliance with this section shall constitute separate violation.
b. 
Any property owner who violates any provision of this section or who fails to comply with any of the requirements of this section shall for each such violation or offense be subject to the penalties stated in Chapter 3, Section 3-1 et seq.
[1]
Editor's Note: Sections 3-13.8 and 3-13.9 shall take effect 60 days after approval of the property numbering plan by the township committee and notification of property owners of their respective house numbers pursuant to that plan.
The property numbering committee shall, whenever possible, assign house numbers such that those lots previously numbered retain the same house number.
Multi-story, multi-family dwelling buildings in excess of six units shall have numbers on each corner of the building which faces a street. The numbers shall be six inches high of reflective material and at the level of the second floor.
A directory shall be posted at the main entrance of each multiple occupancy commercial or industrial building. The directory shall include three inches (minimum) reflective letters and suite, room or other identification number for each multiple occupancy commercial and industrial building. The directory shall be in place prior to issuance of certificates of occupancy.
[Ord. #94-677; Ord. #98-760; Ord. #2007-1063; Ord. #2011-1180; Ord. #2011-1184]
The purpose of this section is to provide standards and regulations for various types of alarm systems, including central office alarms and local alarms, requiring a response by the township police department or fire department.
The provisions of this section shall apply to any person, other than the township, who operates, maintains or owns any alarm system designed to summon the police or fire department to any location in response to an alarm signal. This section shall not prohibit alarm companies from providing services by private sources to offices within or without the township so long as such activity is not directly connected to the township police department or other township facility. Any person having premises protected by an alarm system shall be responsible for the registration thereof in accordance with the appropriate section of this ordinance.
The following words and phrases shall have the following meanings:
ALARM SYSTEM
Shall mean the installation of one or more devices in one or more buildings for the purpose of giving visual or audible warning, or both, of an emergency such as burglary, intrusion, fire or smoke. For purposes of this ordinance, the term "alarm system" shall include central office alarms and local alarms. The term "alarm system" does not include devices which are designed solely to be seen or heard, or both, within the premises and do not transmit a signal to a remote location; for example, typical smoke detectors and/or carbon monoxide detectors are specifically excluded.
CENTRAL OFFICE ALARM
Shall mean any alarm system which, when activated, transmits a signal to a remote location indicating an alarm condition. This type of alarm may or may not have an external local signal, depending on its design.
FALSE ALARM
Shall mean the actuation of an alarm system by causes other than those to which the alarm system was designed or intended to respond.
LOCAL ALARM
Shall mean any alarm system which when activated sounds an external warning signal at the location of the alarm premises and does not transmit any type of signal to another location.
PERSON
Shall include any natural person, partnership, corporation or association, or any other legal entity.
RESIDENCE
Shall mean any structure used solely for either (a) residential purposes; or (b) farming purposes as to which the owner, or in the case of corporate owner, the majority shareholder(s), makes his (their) principal residence on the property.
Every person desiring to install any type of alarm system within the township, including but not limited to central office alarms and local alarms, shall register the alarm system as follows:
a. 
The registration form shall prescribe and shall set forth all information required by the township.
b. 
Upon compliance by the applicant with all the provisions of this section, the township shall register the alarm system.
c. 
The registrant shall pay to the township a processing fee of $10 with each alarm registration application submitted.
d. 
The owner of any alarm system in existence at the time of the passage of this section shall have 90 days from the effective date of this section to register the alarm system and pay the appropriate fee.
e. 
No person shall use, maintain or permit an unregistered alarm system in the township.
All alarm systems shall have a time relay or other device which will limit the operation of the local signal to 15 minutes or less.
The township committee may from time to time promulgate by resolution rules and regulations supplementing this section in order to provide for record keeping and efficient management.
In the case of false alarms, the township may cause an investigation to be made and shall keep a record thereof.
a. 
Any person who shall violate any of the terms of this section, other than the provisions governing false alarms as set forth below, shall be subject to a fine of not less than $100 nor more than $2,000 or imprisonment for a period of not exceeding 90 days or both.
b. 
In any calendar year, for false alarms that result in the response of any township police department or fire safety personnel, the following penalties shall be imposed:
False alarm #1
Written warning
False alarm #2
$100
False alarm #3
$250
False alarm #4
$350
False alarm #5
$550
False alarm #6
$750
False alarm #7
$950
False alarm #8
$1,150
False alarm #9
$1,350
False alarm #10 or more
$2,000
[Ord. #2001-860]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
It shall be unlawful for any person under the legal age, without legal authority, to knowingly possess or knowingly consume an alcoholic beverage on private property.
a. 
This section shall not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
b. 
This section shall not prohibit possession of alcoholic beverages while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary education institution; however, this paragraph shall not preclude the imposition of a penalty under this section, R.S.33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
a. 
Upon conviction of a defendant for a violation of this section, the court shall impose a fine of $250 for a first offense and $350 for any subsequent offense.
b. 
The court may, in addition, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this paragraph. 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 of New Jersey, 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. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
e. 
If the person convicted is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The 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.
[Ord. #2002-903]
[1]
Editor's Note: See also subsection 3-2.4, Explosives; Bonfires; Discharging Firearms.
As used in this section:
BOW AND ARROW
Shall mean every compound bow and cross bow.
FIREARMS
Shall mean any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances as defined in N.J.S.A. 2C:39-1e.
No person shall discharge a firearm or bow and arrow without due caution and circumspection whereby a reasonable person would know that injury to a person or damage to property may result.
[Ord. #2007-1072]
As used in this section:
PRIVATE PROPERTY
Shall mean all property located in the township except public property.
PUBLIC
Shall mean (1) owned, exclusively used, occupied or controlled by the United States, the State of New Jersey, Somerset County, the township, the Township Board of Education or any public agency or entity of any of the foregoing; or (2) located in the paved or otherwise improved portion of any public street, road or highway.
RESIDENTIAL AREA
Shall mean (1) any zone designated by the Land Development Ordinance of the township where residences of any kind are permitted as a principal use; and (2) any location within 500 feet of such a zone where there is located one or more residences.
TRUCK NOISE
Shall mean any noise or sound emanating from the starting, warm-up, operation, driving, loading, unloading or maintenance of a vehicle with a commercial registration, a trailer, or any combination thereof that is of a level and duration that such noise or sound can be heard in a residential area, beyond the property on which the sound or noise is created, by an individual with normal hearing ability. Truck noise shall not include otherwise lawful noise emanating from (1) public vehicles; (2) vehicles directly involved in public work or work for public utilities; or (3) the minimum noise reasonably required in response to an emergency situation.
No person shall make, cause or suffer or permit to be made or caused upon any private property owned, occupied or controlled by him any truck noise between the hours of 10:00 p.m. and 7:00 a.m. prevailing local time.
The minimum penalty for a violation of this section shall be $100. Any person who is convicted of violating this section within one year of the date of a previous violation shall be sentenced to an additional fine as a repeat offender of not less than $100, which shall be calculated separately from the fine imposed for the violation.