[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.
[Ord. #64-169; Ord. #88-534]
As used in this section, the following terms shall have the
meanings indicated:
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.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
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]
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.
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.
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]
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.
[Ord. No. 2015-1270]
As used in this section:
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.
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.
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.
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.
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:
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.
Shall mean the Arabic number or numbers (and where required by subsection 3-13.7, the capital letter) assigned to each lot.
Shall mean any lot within the township which fronts on any
actual or proposed street.
Shall mean any natural person, firm, partnership, association,
corporation, company, or any other organization.
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.
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.
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:
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.
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.
Shall mean the actuation of an alarm system by causes other
than those to which the alarm system was designed or intended to respond.
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.
Shall include any natural person, partnership, corporation
or association, or any other legal entity.
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:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
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]
As used in this section:
Shall mean every compound bow and cross bow.
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:
Shall mean all property located in the township except public
property.
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.
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.
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.
[Added 8-22-2022 by Ord.
2022-1437]
The following fees and charges are established for services
within the jurisdiction of the Branchburg Police Department.
|
Type
|
Fee
|
|---|---|
|
Firearms permit
|
$2
|
|
Initial firearms ID card
|
$5
|
|
Fingerprint services
|
$5
|
|
Letter of good conduct
|
$5
|
|
Discovery cost (via US Postal Service)
|
$5 initial fee
|
|
Information on CD or DVD
|
$1 per disc
|
|
Copies of records
|
$0.05 per letter-size page
$0.07 per legal-size page
|
