[Ord. No. 1059 §§ 2-4,
6-11, 13-17]
As used in this section:
Shall mean any contrivance now known or hereafter invented,
used or designated for navigation or for flight in the air. The word
aircraft shall include helicopters and lighter-than-air dirigibles
and balloons.
Shall mean a litter storage and collection receptacle as required and authorized in Chapter 19, Solid Waste Management.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, produce, commodity
or thing; or
Which directs attention to any business, mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition, or event
of any kind, when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition, or event of any kind,
without a license, where such license is or may be required by any
law of this State, or under any ordinance of this Borough; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage, refuse and rubbish, as defined herein,
and all other waste material, which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare and includes, but is not limited to, 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.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
of the United States, in accordance with Federal statute or regulation
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year, and sold to the public.
Shall mean any printed or written matter, any sample, or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper, booklet or any other printed or otherwise reproduced original
or copies of any matter of literature not included in the aforesaid
definitions of a commercial handbill or newspaper.
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Borough, owned or used by the
Borough and devoted to active or passive recreation.
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Is all putrescible and nonputrescible solid wastes (except
body wastes), including garbage, rubbish, trash, ashes, street cleanings,
dead animals, junk, abandoned automobiles and solid market and industrial
wastes.
Shall mean is nonputrescible solid wastes consisting of both
combustible and non-combustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, wood, glass, bedding, crockery and
similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[Ord. No. 1059 § 18]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles, in authorized private receptacles for collection or in
the Borough Transfer Station.
[Ord. No. 1059 § 19]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Ord. No. 1059 § 20; Ord. No. 88-10 § 2]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying places of business within the
Borough shall keep the sidewalks, areaways, backyards, courts and
alleys free from litter and other offensive material and all sweepings
shall be collected and properly containerized for disposal.
[Ord. No. 1059 § 21]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or public place within the Borough
the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway. Persons owning or occupying places
of business within the Borough shall keep the sidewalk in front of
their business premises free of litter.
[Ord. No. 1059 § 22]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough, or upon private property.
[Ord. No. 1059 § 23; Ord. No. 88-10 § 3]
a.
No person shall drive or move any truck or other vehicle within the
Borough unless such vehicle is equipped with covers or is so constructed
or loaded as to prevent any load, contents or litter from being blown
or deposited upon any street, alley or other public place.
b.
No person shall drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry unto or deposit in any street,
alley or other public place, mud, dirt, sticky substances, litter
or foreign matter of any kind.
c.
No person shall permit the accumulation of debris on or around construction
sites, or its storage in such a manner that it is likely to be removed
by natural forces onto adjacent property.
d.
No person shall permit open or overflowing commercial, industrial
or residential waste disposal bins.
[Ord. No. 1059 § 24]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
[Ord. No. 1059 § 25]
a.
No person shall throw or deposit litter in any fountain, pond, lake,
stream, ditch, drainage system or watercourse traversing public or
private property within the Borough.
b.
No person shall throw, put or place, or cause to be thrown, put or
placed, into any stream or ditch in the Borough used for drainage
purposes any substance, matter or thing whatsoever, whereby the free,
unobstructed use of the stream may be in any way impeded or interfered
with or whereby the same may be rendered unsightly, or whereby the
same may be polluted.
c.
It shall be the duty of the owner or occupant of any premises through
which the Tenakill Brook, East Brook or other watercourses flow to
keep that portion of those brooks or watercourses within the confines
of their respective property free from obstructions as hereinabove
stated.
[Ord. No. 1059 § 26]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle or in or upon any public place, provided,
however, that it shall not be unlawful on any sidewalk, street or
other public place within the Borough for any person to hand out or
distribute, without charge to the receiver thereof, any noncommercial
handbill to any person willing to accept it. Recipients of such items,
however, shall not discard same except in conformity with this section.
[Ord. No. 1059 § 27]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle, provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it. Recipients
of such items, however, shall not discard same except in conformity
with this section.
[Ord. No. 1059 § 28]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Ord. No. 1059 § 29]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill, periodical or newspaper upon any premises,
if requested by anyone thereon not to do so, or if there is placed
on the premises, in a conspicuous position near the entrance thereof,
a sign bearing the words: "No Trespassing," "No Peddlers or Agents,"
"No Advertisements," or any similar notice, indicating in any manner
that the occupants of the premises do not desire to be molested or
have their right of privacy disturbed, or to have any such handbills
left upon such premises. Persons requesting non-delivery of a newspaper
or periodical shall do so in writing by Certified Mail to facilitate
proof of notice under this subsection.
[Ord. No. 1059 § 30]
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
[Ord. No. 1059 § 31]
No person shall post or affix any commercial or political notice,
poster or any other paper or device, calculated to attract the attention
of the public, to any lamp post, public utility pole or shade tree,
or upon any public structure or building, except as may be authorized
or required by law.
[Ord. No. 1059 § 32]
No person shall throw or deposit litter on any occupied private
property within the Borough, whether owned by such person or not,
except that the owner or person in control of private property may
maintain thereon private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[Ord. No. 1059 § 33; Ord. No. 88-10 § 4]
The owner or person in control of any private property, whether
occupied or vacant, shall at all times maintain the premises free
of litter; provided, however, that this section shall not prohibit
the storage of litter in authorized private receptacles for collection.
The storage of tires or any bulky household items such as appliances,
furniture or mattresses in areas zoned residential is prohibited except
in a fully enclosed structure.
[Ord. No. 1059 § 34]
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
[Ord. No. 1059 § 35]
No person shall cause to be personally distributed on public
or on private property any eggs, spray paint, shaving cream or other
articles or substances at any time of the year. For purposes of this
section, it shall be deemed to be a prima facie violation for any
person to have in his/her possession eggs not in original cartons
or without a registered receipt from a merchant.
[Ord. No. 88-8 § 1]
No person shall bring garbage into the Borough and deposit the
same into any public receptacle.
[Ord. No. 1059 § 36]
Each of the acts hereinbefore forbidden are hereby declared
to be a nuisance, and the Borough Clerk is hereby authorized to notify
the violators of the violation in writing and to require abatement
of the nuisance within 10 days.
[Ord. No. 1059 § 39; Ord. No. 04-30]
[10-5-2021 by Ord. No.
21-17]
a.
Excessive sound is a serious hazard to the public health, welfare,
safety and the quality of life; and
b.
A substantial body of science and technology exists by which excessive
sound may be substantially abated; and
c.
The people have a right to, and should be ensured of, an environment
free from excessive sound; and
d.
It is the policy of the Borough of Tenafly to prevent excessive sound
that may jeopardize the health, welfare or safety of the citizens
or that degrade the quality of life.
e.
This section shall apply to the control of sound originating from
sources within the Borough of Tenafly.
[10-5-2021 by Ord. No.
21-17]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential services, including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities,
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon owned, leased, or
controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multidwelling unit building; or c) on a multi-use
property, as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). [NOTE: This definition
shall not apply to a commercial source and a commercial receptor that
are both located on the same parcel of property (e.g., a strip mall).]
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required that mitigates the sound emissions of
the equipment.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[10-5-2021 by Ord. No.
21-17]
a.
This Noise Ordinance applies to sound from the following property
categories:
b.
This Noise Ordinance applies to sound received at the following property
categories:
[Amended 11-14-2022 by Ord. No. 22-24]
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[10-5-2021 by Ord. No.
21-17]
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA),[1] FEMA or other government agencies to the extent that they
comply with the noise requirement of the enabling legislation or regulation.
Devices that are exempted under N.J.A.C. 7:29-1.5 shall continue to
be exempted.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[10-5-2021 by Ord. No.
21-17]
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any subsection
of this section and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
section of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
[10-5-2021 by Ord. No.
21-17]
a.
Sound measurements made by a Noise Control Officer shall conform
to the procedures set forth at N.J.A.C. 7:29-2, except that interior
sound level measurements shall also conform with the procedures set
forth in § 3-2.6B of this section and with the definition
of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling, and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29- 2.9(b)(2).
When measuring total sound level, the configuration of the windows
and doors shall be the same, and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas that receive only casual use such as hallways,
closets and bathrooms.
[10-5-2021 by Ord. No.
21-17; amended 11-14-2022 by Ord. No. 22-24]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 3-2.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in § 3-2.6b.
b.
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound that occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound that repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
|
NOTE: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Residential Property, or Residential Portion of a Multi-Use
Property
|
Commercial Facility, Nonresidential Portion of a Multi-Use Property,
or Community Service Facility
|
Commercial Facility or Nonresidential Portion of a Multi-Use
Property
| ||
|
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| |||
|
Octave Band Center Frequency, Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
NOTE: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
[10-5-2021 by Ord. No.
21-17]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in § 3-2.6b of this section. These sound level measurements shall be conducted with the sound level meter set for C-weighting, "fast" response.
|
Table IV
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
|---|---|
|
Week Nights 10:00 p.m. to 7:00 a.m.,
Weekend Nights 11:00 p.m. and 9:00 a.m.
|
All Other Times
|
|
3 dB(C)
|
6 dB(C)
|
[10-5-2021 by Ord. No.
21-17]
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Tables I, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in these activities shall be operated with a muffler and/or sound
reduction device.
b.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g., commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g., golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth in Tables I,
II or III. At all other times the limits set forth in Tables I, II
or III do not apply. All motorized equipment used in these activities
shall be operated with a muffler and/or sound reduction device.
c.
All construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth in Tables I, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in construction and demolition activity shall be operated with a muffler
and/or sound reduction device.
d.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
e.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II or III do not
apply.
f.
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
g.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line that unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include, but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking, etc.) for five
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
2.
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
[10-5-2021 by Ord. No.
21-17]
Violations of each subsection of this section shall be considered
purposeful and therefore nonminor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle that has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of- way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the Federal Noise Regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
[10-5-2021 by Ord. No.
21-17]
a.
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000. If the violation is
of a continuing nature, each day during which it occurs shall constitute
an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 3-2.2 of this section) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the Borough of Tenafly Health Department.
It shall be noted that the NOV does not constitute a formal enforcement
action, a final agency action or a final legal determination that
a violation has occurred. Therefore, the NOV may not be appealed or
contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a nonminor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000, will be issued. If
a nonminor violation is immediately corrected, a NOV without a civil
penalty shall still be issued to document the violation. If the violation
occurs again (within 12 months of the initial violation) a NOPA shall
be issued regardless of whether the violation is immediately corrected
or not.
f.
The violator may request, from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[10-5-2021 by Ord. No.
21-17]
a.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of the ordinance shall not be invalidated.
b.
All ordinances or parts of ordinances, which are inconsistent with
any provisions of this section, are hereby repealed as to the extent
of such inconsistencies.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this section
or from other law.
[Ord. No. 1084 § 4]
As used in this section:
Shall mean and include any mall, store, parking lot, theater
or other place of public assembly to which the public is generally
invited or permitted to enter with or without paying any consideration
therefore.
[Ord. No. 1084 § 1]
No person shall consume or possess in any opened container any
alcoholic beverage as defined by N.J.S.A. 33:1-1, in or upon:
a.
Any public street, sidewalk, mall, public parking place, park (whether
devoted to active or passive use), playground or recreational area,
or any other public place or quasi-public place.
b.
Property owned by the Federal, State or County government, or other
public entity, such as the Board of Education.
c.
Buildings, structures, stadium or other improvements situated on lands enumerated in subsections a and b above; provided, however, that in the case of property owned by the Board of Education of the Borough of Tenafly the restrictions contained herein shall not be applicable to school buildings, including portable classrooms, whether or not those spaces are used for educational, administrative or other use; but the provision shall be applicable to field houses, sheds, athletic stadiums, tennis courts or general improvements.
d.
Any public conveyance.
e.
Any private motor vehicle while the same is in motion or parked in
any public street, public parking lot or quasi-public place.
f.
Any private property, not his or her own, without the express permission
of the owner or other person having authority to grant such permission.
[Ord. No. 1084 § 2]
a.
Notwithstanding the provisions contained in subsection 3-3.2, the Mayor and Borough Council may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area, or other public place at a designated time or times, in connection with any purpose or events which have been authorized by the Mayor and Borough Council.
b.
In the event the use of alcoholic beverages is anticipated on premises described in subsection 3-3.2b or on improvements described in subsection 3-3.2c limited on property described in subsection 3-3.2b then in that event the provisions of subsection 3-3.3a shall not be exercised by the Mayor and Borough Council, but shall be exercised at the discretion of the public agencies or entities owning that property provided, however, that the public agency transmits a copy of its permit, when issued, for distribution to the Borough Clerk. By way of further explanation, nothing in this section shall be deemed to prohibit or limit the rights of the Board of Education to permit the possession or consumption of alcoholic beverages in buildings or on grounds within its control in conjunction with any activities sponsored or sanctioned by the Board of Education, and furthermore nothing shall be deemed to abrogate any rulings of the Commissioner of Education of the State of New Jersey, the Board of Education of the Borough of Tenafly or other cognizant authority relating to the issue of search and seizure or entry into school buildings, student lockers or the like.
[Ord. No. 1084 § 3]
Application for a permit to consume alcoholic beverages in a
public park, playground, recreational area or other public place shall
be made to the Borough Clerk, who, upon receipt thereof, shall transmit
a copy to the Chief of Police and to the Recreation Director.
[Ord. No. 1084 § 5; Ord. No. 05-25 § 1]
Nothing herein shall be construed to prohibit the possession or consumption of alcoholic beverages within or upon premises duly licensed for the consumption of alcoholic beverages or in outdoor seating areas for which a valid permit has been obtained pursuant to Chapter 4, subsections 4-25.1 through 4-25.11.
[Ord. No. 1084 § 6; Ord. No. 04-30]
[Ord. No. 01-02 § A; Ord. No. 02-05]
Any person under the legal age to purchase alcoholic beverages
who knowingly possesses or consumes any alcoholic beverage in or on
any school property, public conveyance, public place or place of public
assembly or on private property shall be in violation of this section.
[Ord. No. 01-02 § B]
This section shall not apply to persons under the legal age
to purchase alcoholic beverages who possess or consume alcoholic beverages
in the presence of and with the permission of the parent or legal
guardian of that person, provided that the guardian is of the legal
age to purchase alcoholic beverages. This section shall not apply
to possession of alcoholic beverage by an underage person employed
by an alcoholic beverage licensee in the course of performing employment
duties.
[Ord. No. 937;Ord. No. 04-30]
As used in this section:
Shall mean and encompass, but not be limited to, one or more
of the following acts:
Obstruction of the free unhampered passage of pedestrians or
vehicles.
Obstructing, molesting or interfering with any person lawfully
upon any street, park or other public place.
Failure to Obey an Order of Police Officer. Whenever any Police
Officer shall, in the exercise of reasonable judgment, decide that
the presence of any person in any public place is causing or is likely
to cause any of the conditions enumerated in this subsection he/she
may, if necessary for the preservation of the public peace and safety,
order that person to leave that place.
[Ord. No. 937 § 6]
a.
No person shall sleep or loiter in or upon any street or other public
place within the Borough.
b.
Other Public Place shall mean and include the quasi-public area in
front of or adjacent to any store, shop, eating establishment, place
of business, assembly or other place of business, and shall include
also any parking lots or other vacant private property not owned or
under the dominion of the person charged with a violation of this
section.
[Amended 5-9-2023 by Ord. No. 23-07]
[Ord. No. 941 § 4; Ord. No. 04-30; amended 5-9-2023 by Ord. No. 23-07]
As used in this section:
Shall mean a device having one or more wheels, regardless
of their diameter, a frame of metal or wood, and arranged to be propelled
by human power. The term "bicycle" as used in this section does not
include toy bicycles or children's tricycles.
As defined in N.J.S.A. 39:1-1, includes a two- or three-wheeled
vehicle with fully operable pedals and an electric motor of less than
750 watts, that meets the requirements of one of the following classifications:
"class 1 low-speed electric bicycle," which means a low-speed electric
bicycle equipped with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed
electric bicycle," which means a low-speed electric bicycle equipped
with a motor that may be used exclusively to propel the bicycle, and
that is not capable of providing assistance when the bicycle reaches
the speed of 20 miles per hour.
Includes a scooter, as defined in N.J.S.A. 39:1-1, with a
floorboard that can be stood upon by the operator, with handlebars,
and with an electric motor that is capable of propelling the device
with or without human propulsion at a maximum speed of less than 19
miles per hour. Shall also include a wheeled device that can be stood
upon by the operator, with or without handlebars and with an electric
motor that is capable of propelling the device with or without human
propulsion.
[Ord. No. 941 § 1; Ord. No. 04-30; amended 5-9-2023 by Ord. No. 23-07]
No person shall operate a bicycle, low-speed electric bicycle
or low-speed electric scooter within the Borough except in accordance
with the following regulations:
a.
The operator shall be capable of proper mechanical operation of the
bicycle, low-speed electric bicycle or low-speed electric scooter.
b.
The operation of the bicycle, low-speed electric bicycle or low-speed
electric scooter shall be in accordance with the relevant provisions
of N.J.S.A. 39:44 et seq. and shall include and not be limited to
the giving of appropriate hand directional signals and the operation
of the bicycle, low-speed electric bicycle or low-speed electric scooter
on the right hand side of the road with the flow of traffic. The operator
shall adhere to traffic lights, stop signals and other traffic control
devices.
c.
The operation of the bicycle, low-speed electric bicycle or low-speed
electric scooter shall not involve the carrying of any passengers,
nor holding on to moving vehicles, nor carrying packages or other
bundles as to prevent the operator from keeping at least one hand
on the handlebars at all times.
d.
The operation of a bicycle, low-speed electric bicycle or low-speed
electric scooter shall be limited to daylight hours, commencing with
sunrise and terminating with sunset; provided, however, that an operator
may operate a bicycle, low-speed electric bicycle or low-speed electric
scooter at night if the bicycle, low-speed electric bicycle or low-speed
electric scooter is equipped with both a taillight or tail reflector
and a headlight which is visible 500 feet, after dusk. Dusk is defined
as that period commencing 1/2 hour after sunset and continuing until
1/2 hour before sunrise.
[Ord. No. 941 § 2;
amended 5-9-2023 by Ord. No. 23-07]
No person shall park a bicycle, low-speed electric bicycle or
low-speed electric scooter upon a street except against the curb,
or on a sidewalk except in a bicycle rack, against a building or at
the curb in a manner as to afford the least obstruction to pedestrian
traffic.
[Ord. No. 941 § 3;
amended 5-9-2023 by Ord. No. 23-07]
No person shall ride a bicycle, low-speed electric bicycle,
or low-speed electric scooter upon a sidewalk in areas zoned as "business"
or "commercial" districts according to the Zoning Map of the Borough
of Tenafly. In addition, in other areas no person 10 years of age
or older shall ride a bicycle, low-speed electric bicycle, or low-speed
electric scooter upon the sidewalk. When persons are permitted by
the terms of this section to ride a bicycle, low-speed electric bicycle,
or low-speed electric scooter on the sidewalk, the operator shall
yield the right-of-way to any pedestrian and shall give audible signal
before overtaking and passing any pedestrian.
[Ord. No. 941 § 5;
amended 5-9-2023 by Ord. No. 23-07]
Any person 18 years of age or older found guilty of violating
any portion of this section shall be liable, at the discretion of
the Judge of the Municipal Court, to pay a maximum fine of $5 and
each day during which the violation continues shall be considered
a separate and distinct offense. Persons under the age of 18 years,
who are found guilty of a violation of the terms of this section,
there shall be no specific penalty except for that which applies by
virtue of special procedures allowed according to law and rules of
Court pertaining to juvenile matters; provided, however, that notice
of the violation for those under 18 years of age has been sent in
writing to the parent or legal guardian of the offender. The latter
special penalty clause is hereby enacted in furtherance of the purpose
of this section, which is not the prosecution of children, but for
education and training of children concerning bicycles, low-speed
electric bicycles and low-speed electric scooters for the overall
good and welfare of the community.
[Ord. No. 986 § 1]
As used in this section:
Shall mean a hand-drawn or propelled vehicle or wheeled container
made of metal, wood or other material, such as is generally provided
by merchants for carting or carrying merchandise or foodstuffs to
automobiles or other places.
Shall mean and include street, avenue, road, alley, lane,
highway, boulevard, concourse, driveway, culvert, cross walk, sidewalk,
parks, parking lots, parking areas and places used by the general
public.
[Ord. No. 986 § 2]
It shall be unlawful for any person to remove a cart as defined
herein from the property of any food dispensing establishment.
[Ord. No. 986 § 3]
It shall be unlawful for any person, his/her agent or employee,
to leave or suffer or permit to be left any cart, either owned by
him/her or in his/her possession, custody or control, upon any sidewalk
or street.
[Ord. No. 986 § 4]
The Borough shall remove or cause to be removed any cart found
upon any sidewalk or street, and shall take same to Borough property
where it shall be held until redeemed, sold or otherwise disposed
of, as hereinafter provided.
[Ord. No. 986 § 5]
Whenever the Borough shall take any cart containing identification
of ownership or right to possession, a notice shall be sent by ordinary
mail to that person advising that the cart is held by the Borough
and that the cart may be redeemed upon payment of $5 to the Borough.
[Ord. No. 986 § 6]
The cart may be redeemed by the owner at any time prior to a
sale, dismantling, destruction or disposal thereof and he/she shall
be entitled to receive the cart upon payment of the sum of $5. No
cart shall be delivered to a person seeking to redeem, unless proof
is submitted establishing to the satisfaction of the Borough that
person's ownership or right to possession. Any delivery to a person
deemed entitled thereto by the Borough from the proof submitted, shall
be an absolute defense of the Borough against any other person claiming
to be entitled thereto.
[Ord. No. 986 § 7]
When any cart remains in the custody of the Borough for a period
of 15 days after removal and with respect to which no person has presented
to the Borough proof establishing to its satisfaction that person's
ownership or right to possession, the Borough shall give public notice
in its official newspaper that, at a specified place and time, not
less than five days after such notice is published, the cart will
be sold at public auction for not less than $5 plus the costs of advertising
the sale. If after such notice of sale is given, any person desires
to redeem any cart prior to the sale such person shall pay to the
Borough for redemption the sum of $5 plus the costs of advertising
the sale. A general description of the cart to be sold shall be sufficient.
The sale shall be conducted by the Borough Treasurer or by such other
person as the Mayor and Borough Council may designate.
[Ord. No. 986 § 8]
If the cart is not sold at public auction, the Borough may offer
it again for sale or may dismantle, destroy or otherwise dispose of
the cart. Any disposition of the cart made pursuant to this section
shall be without any liability of the Borough to the owner of such
cart or other person lawfully entitled thereto or having an interest
therein.
[Ord. No. 986 § 9]
Upon a redemption or sale of a cart, the proceeds shall be deposited
in the general funds of the Borough.
[Ord. No. 986 § 10]
This section shall not apply to any cart or personal property
which may come into the possession or custody of any department of
the Borough pursuant to any other ordinance, law or regulation.
[Ord. No. 986 § 11]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine of not to exceed $50
or by imprisonment in the County Jail for a period not to exceed 30
days or by both fine and imprisonment for each violation of any of
the provisions of this section. Each day there is a violation thereof
shall be deemed and taken to be a separate and distinct offense. This
shall be in addition to any fees for redemption of such property or
costs of public sale chargeable to an owner or person entitled to
possession of such property as hereinbefore provided.
[Ord. No. 673 § 1]
No person shall discharge, use or hunt with firearms of any
description, air guns, spring guns, bow and arrow, or other missile
projecting devices within the Borough.
[Ord. No. 673 §§ 1,
2; Ord. No. 04-30]
For the purpose of this section, air rifles or weapons throwing
projectiles by means of compressed air or spring tension shall be
considered to be firearms. Firearm shall mean the definition of firearm
as found in N.J.S.A. 2C:39-1f.
[Ord. No. 673 § 2; Ord. No. 04-30]
This section shall not prohibit the use of firearms or bow and
arrow for the purpose of target practice at an outdoor range approved
by the Police Chief.
This section shall not apply to indoor ranges or to Police or
Law Enforcement Officers in discharge of their lawful duties, nor
to citizens actually engaged in defense of their persons or property
in such manner as may otherwise be provided by law.
[Ord. No. 673 § 3]
No person shall use, discharge or convey into the Borough any
caps for cap pistols, chemical guns, sparklers or fireworks of any
description.
[Ord. No. 673 § 4]
Any purchase or sale of a firearm of any description within
the Borough of Tenafly shall be made in compliance with the Laws of
the State of New Jersey applicable thereto.
[Ord. No. 673 § 6]
Nothing herein contained shall be held to vary or alter the
provisions of law heretofore or hereafter existing with reference
to revolvers, pistols or concealed weapons.
[Ord. No. 673 § 5; Ord. No. 04-30]
[Ord. No. 436 § 1]
No person within the Borough shall shoot, trap or snare any
bird or birds.
[Ord. No. 00-02 §§ 1,
2]
a.
This section is adopted to ban the use of government buildings and
government equipment for political fundraising.
b.
Political contributions have a profound impact on government decision
making; and our laws in New Jersey do not presently ban solicitation
or acceptance of contribution by public office holder and employees
while on public property or by use of public facilities; and a conflict
may arise between the business of political fundraising and the business
of government in Borough Hall and other government-owned premises,
and this may cause a distraction from the people's business. The most
appropriate method to prevent this conflict and to insure the integrity
of government decisions is the prohibition of political fundraising
on or by use of public property.
c.
It is accordingly found and determined that the paramount public
interest in a clean and accountable government requires the prohibition
of political fundraising on public property or by use of public facilities.
[Ord. No. 00-02 § 3]
As used in this section:
Shall mean any individual seeking election to a public office
of the Federal Government, State, County, municipality, school district
or political organization at an election.
Shall mean and include all loans and transfers of money or
other thing of value to or by any candidate, elected official or political
organization and all pledges or other commitments or assumptions of
liability to make any such transfer. Contributions shall be deemed
to have been made upon the date when such commitment is made or liability
assumed.
Shall mean any person holding elective municipal office or
holding an appointed position in the municipal government, or in any
agency, commission, board, or office thereof, whether the position
is full time or part time, compensated or uncompensated; and any employee
of municipal government or in any agency, commission, board, or office
thereof, whether the position is full time or part time.
Shall mean this municipality and any officer, department,
board, commission, or agency thereof.
Shall mean any two or more persons acting jointly, or any
corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
County, municipal or school board office. Political organization shall
include, but is not limited to, organizations otherwise defined as
"political committee," "joint candidates committee," and "legislative
leadership committee."
Shall mean buildings, land, vehicles, phones, fax machines,
computers or other office equipment or supplies and other real or
personal property owned, leased or controlled by the municipality,
except for public roads and open park land.
Shall mean to seek by oral or written communication a "contribution"
as same as defined herein.
[Ord. No. 00-02 § 4]
a.
Prohibition Against Soliciting or Accepting Political Contributions
on Public Property.
1.
No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on the property of the Borough or utilizing the property of
the Borough.
b.
Prohibited Forms of Fundraising.
1.
Prohibited forms of fundraising shall include but are not limited
to:
(a)
Soliciting or accepting contributions using Borough telephones,
fax machines or computers.
(b)
Soliciting or accepting contributions using personal telephones
while on the property of the Borough.
(c)
Soliciting or accepting contributions through the use of publicly-owned
computers or privately-owned personal computers while on the property
of the Borough.
(d)
Using municipal letterhead to solicit or accept contributions.
(e)
Sending correspondence from Municipal buildings or by use of
Municipal services, equipment or postage.
(f)
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the Borough.
(g)
Use of automobiles owned or leased by the Borough to accept
or solicit contributions.
c.
Reporting Requirements. It shall be the responsibility of any employee,
appointed or elected official who observes any prohibited forms of
fundraising to report such conduct to the Municipal Ethics Board,
if one exists, or in the alternative, to the Municipal Prosecutor
and the Municipal Clerk who shall report same to the Governing Body.
d.
Whistle-blower Provision. It shall be unlawful for any employee,
elected official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for complying with the reporting
requirements mandated by this section.
[Ord. No. 937 § 2; Ord. No. 04-30]
No person shall conduct himself/herself upon the street or in
private places within the Borough in a manner contrary to the provisions
of Title 2C of the New Jersey Code of Criminal Justice.
[Ord. No. 937 § 3; Ord. No. 04-30]
a.
No person shall resist any Police Officer, member of the Police Department
or any person empowered with Police authority in the discharge of
his duty, or shall in any way interfere with, hinder or prevent him
from discharging his duty as an Officer, or threaten or attempt to
do so. No person shall in any manner assist any person in custody
of any Police Officer or member of the Police Department to escape
or attempt to escape from custody, or rescue or attempt to rescue
any person in custody.
b.
No person shall interfere with the Code Enforcement Official, or
member of the Fire Department or any other officer or representative
of the Governing Body while such person is performing the duties required
by his respective office or position.
[Ord. No. 937 § 4]
No person shall interfere by unruly, boisterous or other disorderly
conduct or by interruptions or offensive or abusive remarks affecting
the proper transaction of business at any public meeting of the Mayor
and Governing Body, the Municipal Court or other official boards or
bodies created by statute or ordinance as agencies of the Borough
of Tenafly.
[Ord. No. 12-14]
a.
The purpose of the following provisions of this section is to recognize
that the residents of Tenafly regard their local elected officials
with a level of trust that contracts for the provision of services
within the Borough will be awarded on the basis of merit and qualification
and that no contract for the provision of services within the Borough
will be awarded, or consideration for such provision of services will
be enhanced, upon the basis of familial, personal or political relationships.
b.
Although professional services contracts and certain other contracts
for goods and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Borough of Tenafly deems it appropriate and consistent with the provisions
of enacted New Jersey Legislation, now codified as N.J.S.A. 19:44A-20.4
et seq., to henceforth award such contracts through a competitive,
quality-based, fair and open process, unless a specific determination
to the contrary is made by the Borough of Tenafly through a duly adopted
resolution.
c.
Political contributions have a profound impact on government decision-making.
A conflict of interest may arise between the business of political
fund-raising and the business of government in Borough Hall and other
government-owned premises which may cause a distraction from the people's
business. The paramount public interest in an ethical and accountable
government requires preventing this conflict and ensuring the integrity
of government decisions by prohibiting political fund-raising as a
part of the contracting process for obtaining goods and services.
[Ord. No. 12-14]
Shall mean any individual seeking election to a public office
of the Federal government, State, County, municipality, school district
and/or political organization at an election.
Shall mean and include all loans and transfers of money or
other thing of value to or by any candidate, elected official or political
organization and all pledges or other commitments or assumptions of
liability to make any such transfer. Contributions shall be deemed
to have been made upon the date when such commitment is made or liability
assumed.
Shall mean any person holding elective office in the Borough
of Tenafly or holding an appointed position in the government of Tenafly
Borough, or in any agency, commission, board or office thereof, whether
the position is full-time or part-time, compensated or uncompensated;
and any employee in Tenafly Borough government or in any agency, commission,
board or office thereof, whether the position is full-time or part-time.
Shall mean any two or more persons acting jointly, or any
corporation, partnership or any other incorporated or unincorporated
association which is organized to, or does, aid or promote the nomination,
election or defeat of any candidate or candidates for Federal, State,
County, municipal or school board office. Political organization includes,
but is not limited to, organizations otherwise defined as a "political
committee," "joint candidates committee," "legislative leadership
committee" and "political action committee."
Shall mean buildings, land, vehicles, phones (land-line,
cellular and otherwise), fax machines, computers or other office equipment
or supplies and other real or personal property owned, leased or controlled
by the municipality, except for public roads and open park land.
Shall mean in relationship to the elected official, the spouse,
child, stepchild, parent, step-parent, grandchild, step-grandchild,
in-law, sibling, child of sibling, or sibling of parent.
Shall mean to seek, by oral or written communication, a contribution,
as same is defined herein.
[Ord. No. 12-14]
a.
It shall be a violation of this section for an elected official to
make promises or representations binding the Borough for expenditure
of Borough funds, unless the elected official is acting within the
usual course of business of the elected office or under the authority
of a duly passed resolution or ordinance by the Borough.
[Ord. No. 12-14]
It shall be a violation of this section for an elected official
or a relative of the elected official, or the Borough Administrator
or a relative of the Borough Administrator, or any department head
or a relative of a department head, as herein defined, to knowingly
undertake, execute, or accept, any contract, award or agreement for
services or purchase with the Borough or an agency or instrumentality
thereof.
[Ord. No. 12-14]
a.
No relative, as defined in subsection 3-15.2 of this section, of any elected official of the Borough, Administrator or any Borough department head, shall, after the effective date hereof,[1] be hired by any contractor or vendor doing business with
the Borough in any full-time or part-time, summer and/or seasonal
position if:
1.
The compensation paid to the relative by the contractor or vendor
is based in any material way upon the amount paid to the contractor
or vendor by the Borough;
2.
The relative's employment would include supervisory control in any
material way over the goods and/or services provided to the Borough;
or
3.
The amount to be paid under the agreement between the Borough and
the contractor or vendor can be affected in any material way by the
relative's primary duties and/or employment responsibilities to the
contractor or vendor.
b.
The restrictions in paragraph a above shall continue during the appointed
officials' employment or the elected officials' holding of office.
[Ord. No. 12-14]
a.
No Borough of Tenafly board, agency, commission or other Borough
body shall, for a period of one year subsequent to the completion,
resignation, expiration or termination, of a mayoral and/or Council
members' elected or appointed term of office:
1.
Award to a former Borough Mayor and/or Council member any contract;
or
2.
Allow a former Mayor and/or Council member to represent, appear for
or negotiate on behalf of any other party before an authority; or
3.
Employ any former Mayor and/or Council member for compensation under
a duly awarded contract.
b.
Neither the Borough of Tenafly nor any autonomous agency or authority established by the Borough shall be subject to this restriction with respect to the award of any contract which is publicly bid, pursuant to N.J.S.A. 40A:11-1 et seq. or awarded pursuant to a "Fair and Open Process," as defined herein in subsection 3-15.7 if the Governing Body shall award a contract to any former Borough Mayor and/or Council member, for a period subsequent to one year after the termination of office of said individual.
[Ord. No. 12-14]
a.
Process for Award of Professional Services and Other No-Bid Contracts.
The Borough of Tenafly, or any agency or instrumentality thereof,
shall not enter into a contract, including a professional services
contract or such other contract which is exempt from public bidding
requirements having an anticipated value in excess of $17,500, as
determined by the Borough of Tenafly or any agency or instrumentality,
with a business entity, except through a contract that is awarded
pursuant to a fair and open process if during the preceding one-year
period that business entity has made a contribution that is reportable
by the recipient under N.J.S.A. 19:44A-20.4 et seq. to any municipal
committee of a political party if a member of that political party
is in office as a member of the Governing Body when the contract is
awarded or to any candidate committee of any person serving in an
elected public office of the Borough of Tenafly when the contract
is awarded. The fair and open process shall be quality-based and shall
be as follows:
1.
Professional services may be awarded by virtue of a publicly advertised
request for proposals (RFP) which will be issued as one document for
those appointments which are made on an annual basis, such as, but
not limited to, the positions of: Borough Attorney, Borough Engineer,
Borough Planner, Borough Labor Counsel, Planning Board Attorney, Planning
Board Engineer, Zoning Board Attorney, Zoning Board Engineer and such
other statutory and/or ordinance- and/or resolution-created public
positions.
2.
For said positions, no contract shall be awarded unless and until
the positions are:
(a)
Publicly advertised in newspapers and on the Internet website
maintained by the Borough at least 10 calendar days in advance of
the award, which shall be deemed sufficient time to give notice in
advance of the solicitation for the contracts;
(b)
Awarded under a process that provides for public solicitation
of proposals and qualifications including the following:
(1)
Experience and reputation in the field;
(2)
Knowledge of the subject matter of the services to be provided
to the Borough;
(3)
Knowledge of the Borough, its affairs and operations;
(4)
Availability to accommodate any required meetings of the Borough;
(5)
Compensation proposal;
(6)
Compliance with the minimum qualifications established by the
Borough for the position;
(7)
Other factors determined to be in the best interest of the Borough,
including quoted fees, where applicable.
(c)
The ultimate decision to award is decided by the Governing Body
as it deems in its best interests and not subject to appeal;
(d)
Awarded and disclosed under criteria established in writing
by the Borough of Tenafly prior to the solicitation of proposals or
qualifications as set forth in this section;
(e)
Publicly announced when awarded; and as to those RFPs which
prove to be unsuccessful, the Borough Clerk shall retain a copy of
same on file for a period of not less than 60 calendar days.
3.
For contracts which arise on an occasional basis, such as appraisals
needed for the acquisition of land and/or open space, as well as title
searches, surveying, and similar work associated with same; and comparable
assignments, such as planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as:
b.
Review of RFPs by Review Committee. A review committee shall be established
by the Mayor consisting of not less than two Council members, one
of which shall be the Council President, as well as the Mayor, to
evaluate any RFP issued pursuant to the professional services contracting
procedures set forth above. The review committee shall evaluate the
respective qualifications and/or proposals, taking into consideration
the designated qualifications and/or performance criteria, experience,
reputation of vendor, quality of services, quoted fee and other relevant
factors in making a recommendation of award to the Governing Body;
and the Mayor or his/her designee(s) may conduct negotiations with
qualified vendors after the receipt of proposals, in order to achieve
the best possible contract terms and conditions for the Borough and
its taxpayers. No contract shall be awarded, however, unless same
is authorized by resolution duly adopted in public session by the
Governing Body.
c.
Contributions Prohibited During Term of Contract. A business entity
that has entered into a contract having an anticipated value in excess
of $17,500 with the Borough of Tenafly, or any agency or instrumentality
thereof, shall not make such a contribution reportable by the recipient
under N.J.S.A. 19:44A-20.4 et seq. to any municipal committee of a
political party in the Borough of Tenafly if a member of that political
party is serving in an elective public office of the Borough of Tenafly
when the contract is awarded or to any candidate committee of any
person serving in an elective public office of the Borough of Tenafly
when the contract is awarded, during the term of that contract, except
a contract that is awarded pursuant to a fair and open process, which
permits campaign contributions of a reportable nature to any elective
public official.
d.
Contribution Statement by Professional Business Entity.
1.
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage services, with any professional
business entity, the Borough or any of its purchasing agents or agencies,
as the case may be, shall receive a sworn statement from the professional
business entity made under penalty of perjury that the bidder or offeror
has not made a contribution in violation of this section;
2.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Borough and shall be in addition to any other certifications that
may be required by any other provision of law.
e.
Contracts Issued Without Use of the RFP Process.
1.
In circumstances where the Mayor or designee or the Governing Body
determines that the use of the RFP process is not appropriate, such
as, but not limited to, contracts with other government agencies,
and agreements with public utilities, the Administrator shall use
his/her best efforts to obtain at least two quotations for the work
and shall require the contractor to fully comply with the provisions
of N.J.S.A. 19:44A-20.27.
2.
In circumstances where the Mayor or designee or the Governing Body
determines that the alternate contracting method is appropriate, such
as, but not limited to, contracts related to work-in-progress with
duly authorized contractors, the Administrator shall secure a proposal
consisting of a scope of work and fees and shall require the contractor
to fully comply with the provisions of N.J.S.A. 19:44A-20.4 and 20.26.
A contractor or vendor shall be required to comply with all other
provisions under this section.
3.
No business entity which enters into negotiations for or agrees to
enter into any contract or agreement with the Borough of Tenafly or
any department or agency thereof or of its independent authorities
for the rendition of professional, banking or insurance coverage services,
or any other consulting services, shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Borough of Tenafly municipal candidate or holder of the public
office having ultimate responsibility for the award of the contract,
or campaign committee supporting such candidate or officeholder, or
to any Tenafly Borough party committee, between the time of first
communications between that business entity and the Borough regarding
a specific professional services agreement and the later of the termination
of negotiations or the completion of the contract or agreement. This
specifically and only relates to contracts dealt with under this specific
subsection.
f.
Emergency exceptions. Notwithstanding the foregoing, the Governing
Body recognizes that the New Jersey Legislature has provided for certain
emergencies and further recognizes that the procedure outlined above
might not be capable of being achieved in the event of an emergency
or other time constraints. Thus, should a situation arise and time
does not permit resort to this procedure, and the immediate performance
of services is necessary, then an award for same may be made in accordance
with the provisions of the Local Public Contracts Law relating to
emergency contracts and such rules and regulations as may be promulgated,
from time to time, by the Governing Body with regard to same. No such
emergency contracts, however, may be awarded without a resolution
establishing a basis for the deviation from the procedures outlined
herein.
[Ord. No. 12-14]
a.
Partisan Political Activity Prohibited. No Borough officer or Borough
employee, who has a fixed or regular Borough set work schedule, shall
engage in partisan political activity for or on behalf of any individual
or political organization during paid working hours. This provision
shall not apply to the activities of any elected official during the
course of his official duties.
[Ord. No. 12-14]
It shall be unlawful for any employee, elected official or appointee
to be dismissed, reprimanded, retaliated against or otherwise intimidated
for reporting any violations of this section.
[Ord. No. 12-14]
Each violation of any provision of this section shall be fined
not less than $100 nor more than $2,000, which penalty may be collected
in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A.
2A:58-10 et seq. All reported violations of this section shall be
referred to the Borough of Tenafly Board of Ethics for review and
investigation in accordance with the procedure and disposition set
forth in the Code of Ethics, Resolution No. 07-01.
[Ord. No. 12-14]
To the extent that any provision hereof is found to be invalid
or unenforceable, that provision shall be severed from this section
and render the remainder of said section effective and enforceable.
[Ord. No. 12-14, codified
herein, was adopted October 16, 2012.]
This section shall take effect upon adoption, publication, public
hearing and final adoption, publication and any other provisions as
required by law.
[Ord. No. 13-26]
The Mayor and Borough Council of the Borough of Tenafly hereby
find and determine that:
a.
The smoking of tobacco products is a major contributor to indoor
air pollution and breathing second hand smoke is a cause of disease
to nonsmokers;
b.
Reliable studies have shown that environmental tobacco smoke is a
cause of cardiovascular disease in nonsmokers and that breathing environmental
tobacco smoke is a significant health hazard for children, the elderly,
and individuals with cardiovascular disease, impaired respiratory
function, and asthma;
c.
The United States Department of Environmental Protection (USEPA)
has designated second hand smoke as a Class A carcinogen as well as
a significant cause of respiratory problems in children;
d.
The U.S. Surgeon General has found that the active smoking of tobacco
products and the passive inhalation of environmental tobacco smoke
are the most prevalent causes of preventable death, disease and disability;
e.
The U.S. Surgeon General has found that separating smokers from nonsmokers
within the same air space does not eliminate the exposure of nonsmokers
to environmental tobacco smoke;
f.
The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire;
g.
Smoking leads to the inevitable discard of tobacco products and a
source of litter by those who fail to properly dispose of cigar, cigarette,
pipe or other combustible tobacco product in any manner or in any
form.
h.
The State Legislature has deemed the control of smoking to be a necessary
and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1
et seq., 40:48-2 et seq., N.J.S.A. 26:3D-46 et seq. and N.J.S.A. 2C:33-13
for the preservation of public health, safety and welfare of the community.
[Ord. No. 13-26]
As used in this section:
Shall mean the walkways, parking areas, driveways, lawns,
yards, gardens of any public building and all accessory structures,
improvements or appurtenances used for the management, operation,
or maintenance of the public building.
Shall mean any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Shall mean any building, structure, facility or complex used
by the general public, or to which the general public is invited,
including appurtenant parking areas; which is owned, leased, operated
or under the ownership or control of the Borough of Tenafly or the
Tenafly Board of Education.
Shall mean the inhaling, exhaling, burning, or possession
of any lighted cigar, cigarette, pipe or other combustible tobacco
product in any manner or in any form, including the vapor from electronic
smoking devices.
[Ord. No. 13-26; Ord. No. 2018-11]
a.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
1.
Every room, chamber, lobby, hallway, restroom, plaza, and other common
areas in and upon any public building.
2.
Any entrance or exit areas of any public buildings where smoke may
enter the air people breathe through such entrances, exits, windows
or ventilation systems.
3.
Any vehicles owned and/or leased, in part or entirely, by the Borough
of Tenafly.
4.
On any public property including parks, recreations areas, playgrounds,
and swimming pools. This prohibition on smoking shall not apply to
individuals in privately owned vehicles, provided that all debris
is retained within the vehicle.
5.
On any property within 10 feet of any restaurant or cafe outdoor
seating area where food is served to patrons, except for privately
owned residential, commercial or industrial property surrounding the
outdoor restaurant or sidewalk cafe seating area.
[Ord. No. 13-26; Ord. No. 2018-11]
"Smoking" or "No Smoking" signs, as appropriate, or the international,
"No Smoking" symbol (a picture of a burning cigarette inside a red
circle with a red bar across it) shall be clearly and conspicuously
posted by the owner, operator, manager, employer or such other person
in control of every public building where smoking is controlled by
this section. The color of such signs, when not of the international
type, shall have letters that are distinct, contrasting to the background
and easily read. Letters shall have a minimum height of 3/4 of an
inch and should be posted in English and such other languages as the
Governing Body approves. The "No Smoking" signs shall be posted, at
a minimum, on every doorway which provides an entry to the building.
All Tenafly restaurants and cafes must post a sign designating a no-smoking
area for 10 feet in all directions around any outdoor seating area.
The "Smoking" signs shall be posted only in those areas so designated
by the Governing Body provided by this section.
[Ord. No. 13-26]
The provisions of this section shall be enforceable by a Police
Officer, employee or elected official of the Borough of Tenafly, as
well as by any other individual who observes a violation. Any person
seeking to enforce the provision of this section shall be authorized
to file a complaint in the Municipal Court of the Borough of Tenafly.
[Ord. No. 13-26; Ord. No. 2017-20]
a.
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this section.
b.
Unless a greater fine is permitted under N.J.S.A. 26:3D-56 et seq.,
for smoking in specific areas defined therein, in which case such
higher level of fine shall be utilized, any person who smokes in an
area in which smoking is prohibited shall be guilty of a civil penalty
and subject to a maximum fine of $200 for each violation pursuant
to N.J.S.A. 2C:33-13.
c.
Any person found guilty defacing, tampering with or removing "No
Smoking" or "Smoking" signs which are required by this section shall
be guilty of a disorderly persons offense and subject to a maximum
fine of $200, plus the cost of replacing the sign.
d.
Any juvenile adjudicated to have violated the provisions of this
section shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this section.
[Ord. No. 2015-11]
The following definitions shall apply with respect to the application
and enforcement this Section 13-17:
Shall mean any product that is designed to deliver nicotine
or vapor, including, but not limited to, what are commonly known as
"e-cigarettes" or other types of electronic smoking devices, or any
cartridge or other component of such device, or related products including
but not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
Shall mean any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use including
cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any
form.
Shall mean any person or entity that operates a store, stand,
booth, concession, or place at which sales of tobacco or nicotine
delivery products are made to purchasers for consumption or use. The
term shall also mean any person or entity that owns, operates or uses
a tobacco vending machine and/or a tobacco vending machine location
as defined herein.
Shall mean any automated, self-service device which, upon
insertion of money, tokens, or other form of payment, dispenses nicotine
delivery products, cigarettes, or other tobacco products.
Shall mean the room, enclosure, space or area where a tobacco
vending machine is installed and operated.
[Ord. No. 2015-11]
a.
No person shall sell any tobacco or nicotine delivery products in
the Borough of Tenafly unless an employee of the establishment controls
the sale of such products. A person may only sell tobacco or nicotine
delivery products in a direct, face-to-face exchange between the retailer
and the consumer. Self-service displays and vending machines of tobacco
or nicotine delivery products are prohibited.
b.
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under the age of 21 years.
c.
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where tobacco
or nicotine delivery products are displayed and at all check-out counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
d.
Any person selling tobacco or nicotine delivery products shall verify
by means of government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco or
nicotine containing products is younger than 21 years of age. No such
verification is required for any person over the age of 26. Tobacco
or nicotine delivery products shall not be sold to a person less than
21 years of age, notwithstanding a note or any other form of communication
purporting to have come from a person over the age of 21.
e.
No person or tobacco retailer selling tobacco or nicotine delivery
products shall allow an employee to sell or distribute such products
within the Borough of Tenafly until the employee has read a copy of
this section and State laws pertaining to the sale or distribution
of tobacco and nicotine delivery products and has signed a statement
that the employee has read such section and State laws. The signed
original statement shall be kept on file by the tobacco retailer.
[Ord. No. 2015-11]
a.
This section may be enforced by the Tenafly Police and the Tenafly
Health Inspector or his/her designee.
b.
The Police, Health Inspector, and his/her designee may, after displaying
proper identification, inspect any matter, thing, premises, place,
person, record, vehicle, incident, or event as necessary to execute
his or her official duties in a manner prescribed by law.
c.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Inspector or his/her
designee while engaged in the enforcement of this section, and the
Health Inspector and his/her designee may request the assistance of
the Tenafly Police Department when necessary to execute his or her
official duties in a manner prescribed by law.
d.
A private citizen may bring a complaint against an alleged violator
of this section. Upon a finding of probable cause to believe that
there has been a violation of the provisions of this section, a summons
may issue based upon the complaint of a private citizen.
[Ord. No. 2015-11]
a.
Any person who violates the provisions of this section, including
any employee of a retail dealer licensee under P.L. 1948, c.65 (C.54:40A-1
et seq.) who actually sells or otherwise provides tobacco product
to a person under 21 years of age, shall be liable to a civil penalty
of not less than $250 for the first violation, not less than $500
for the second violation, and not less than $1,000 for the third and
each subsequent violation. Complaint shall be made in the municipal
court of Tenafly or before such other judicial officer having authority
under the laws of the State of New Jersey.
b.
Each sale of tobacco and or nicotine delivery product to any person
under the age of 21 shall constitute a separate violation.
c.
In addition to the penalties set forth in paragraph a above, the
Board of Health may suspend the Retail Food Establishment License
of any person convicted of violation of this section, for a period
of not more than three days, pursuant to the authority of the Board
of Health to license and regulate food establishments as provided
by N.J.S.A. 26:3-31(c).
