[Ord. No. 8-11]
a.
Loud Noise Prohibited. Unless exempted under the provisions of this
section, no person shall cause to be made, directly or indirectly,
any loud noise which disturbs, injures, or endangers the health, comfort,
safety, or welfare of others within the Borough.
b.
Noises Enumerated. The following specific acts are declared to be
loud, disturbing and unnecessary noise in violation of this section,
but this enumeration shall not be deemed to be exclusive:
1.
Horns, Signaling Devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus, truck, or other vehicle
on any street, or public place, except as a warning pursuant to the
provisions of N.J.S.A. 39:3-69; whistle or other device operated by
engine exhaust; and the use of any such signaling device when traffic
is for any reason held up.
2.
Radio and Television Sets, Phonographs, etc. The use of radio or
television receiving sets, musical instrument, phonograph, or other
machine or device for the producing or reproducing of sound in such
manner as to disturb the peace, quiet, and comfort of the neighboring
inhabitants or at any time with volume louder than is necessary for
convenient hearing for the persons who are in the room or vehicle
in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of 50 feet from
the building, structure, or vehicle in which it is located shall be
prima facie evidence of a violation of this section.
3.
Loud Speakers, Amplifiers for Advertising. The use of any radio,
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising.
4.
Animals. The keeping of any animal which by causing frequent or long
continued noise shall disturb the comfort or repose of persons residing
in the vicinity.
5.
Exhausts. The discharge into the open air of the exhaust of any internal
combustion engine except through an adequate muffler or other device
which will effectively prevent loud or explosive noises therefrom.
This includes by way of example and not by way of limitation, internal
combustion engines, power mowing, motor vehicles, lawnmowers and chain
saws.
6.
Loading and Unloading. The creation of a loud and excessive noise
in connection with loading and unloading any vehicle or the opening
or destruction of bales, boxes, crates and containers.
7.
Construction or Repairing of Buildings. The excavation, grading,
paving, erection, demolition, alteration or repair of any premises,
street, building or structure at any time on Sundays or legal holidays,
or other than between the hours of 9:00 a.m. and 6:00 p.m. on all
other days.
The provisions of this paragraph b, 7 shall not apply to interior
or exterior repairs or to the interior alterations, the work for which
is actually performed by a homeowner or occupant, personally, between
the hours of 9:00 a.m. and 6:00 p.m. upon residential premises that
are owned by such homeowner or occupied by such occupant, provided
the work is done without undue noise or disturbance of the peace and
quiet of the neighborhood.
8.
Blowers, Fans, Pumps. The use of any blower, fan or pump or engine
or motor in connection therewith, including by way of example and
not by way of limitation, air conditioning systems, compression devices,
and pool filter systems, if such use creates loud, penetrating, or
continuous noises that disturb the comfort or repose of persons residing
in the vicinity.
9.
Schools, Courts, Churches, Hospitals. The creation of any excessive
noise adjacent to any school, institution of learning, house of worship,
or judicial court while the same are in use, or adjacent to any hospital
which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed on the adjacent streets indicating
that the same is a school, hospital, church or court street.
10.
Drums, Bells, and the Like. The use of any drum, bell, horn, loud-speaker
or other instrument or device for the purpose of attracting attention
to any performance, show, or sale, or display of merchandise by any
creation of noise or sound.
11.
Mobile Loudspeakers. The use of mechanical loudspeakers or amplifiers
on vehicles or aircraft for commercial advertising purposes.
[Ord. No. 02-2019]
Shall mean one in which there is imminent danger of a collision
with property, persons, and/or animals and/or what is necessary for
the health, safety and welfare of the community.
Shall mean the use or operation of any mechanical exhaust
devise design to aid in the braking, decompression, or deceleration
of any motor vehicle which results in the excessive, loud, unusual
or explosive noise from such vehicle.
Shall mean sound audible at a distance of 100 feet from the
building, structure, or vehicles in which it is located shall be prima
facie evidence of a violation of the article.
[Ord. No. 02-2019]
It is unlawful for the driver of any motor vehicle to activate
or use an internal-combustion-engine-powered vehicle on any posted
public ways, including, but not limited to, streets, alleys, easement,
or rights-of-ways established for vehicle operation within the borough
of Ogdensburg, while said vehicle or operator is utilizing an engine
brake without an exhaust muffler sufficient to prevent the creation
of excessively loud noises by said vehicle due to improperly maintained,
defective, or modified muffler systems, except when the use of such
engine brake is necessary in an emergency situation. This article
is not intended to prohibit the passage of vehicles equipped with
engine brakes in posted areas, but rather limit the use of such equipment
in posted areas under the aforesaid circumstances.
[Ord. No. 02-2019]
The provision of this article shall not be applicable in emergency
situations as described herein:
a.
Noise caused by the application of engine brakes, also known as "compression
braking", which is effectively muffled or if the application is necessary
for the health, safety and welfare of the community is exempt from
the provisions of the article.
b.
Sounds created by emergency equipment for emergency purposes are
also exempt.
[Ord. No. 02-2019]
The Borough is hereby authorized to post at reasonable locations
within the Borough signs indicating the prohibition of engine braking
in a nonemergency situation.
[Ord. No. 02-2019]
a.
Any person, firm or corporation violating any provision of this article
shall be mandated to a court appearance, fined not less than $50 nor
more than $500, and required to pay court costs and fees for each
offense.
b.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[1976 Code § 3-7.1]
As used in this section:
Shall mean Borough of Ogdensburg.
Shall mean lands and premises owned by the Borough, including
the municipal building and surrounding lands.
Shall mean and include all baseball fields owned by the Borough
or the Borough Board of Education, including but not limited to, the
baseball field on Main Street near the borderline between the Borough
of Ogdensburg and the Borough of Franklin.
Shall mean and include all beaches owned by the Borough including,
but not limited to, the beaches at Heater's Pond.
Shall mean and include those lands owned by the Borough designated
and used for recreation purposes by the Borough, including the park
land immediately surrounding Heater's pond, excepting the island
in Heater's Pond.
Shall mean and include all public school buildings and grounds
within the Borough including, but not limited to, the grammar school
building and grounds located on the corner of Main and Passaic Street.
Shall mean and include but is not limited to Heater's
Pond and surrounding lands, including parking lots, bathhouses and
rest room areas owned by the Borough.
[1976 Code § 3-7.2]
Consumption of alcoholic beverages or possession of opened alcoholic beverage containers with unconsumed alcoholic beverages therein, on or in any public street, sidewalk, alleyway, highway, playground, baseball field, school grounds and buildings, swimming area, beach, or area designated for recreation purposes, or within 50 feet of a building licensed for the retail sale or consumption of alcoholic beverages is hereby prohibited unless permission is first obtained from the Borough Council pursuant to subsection 3-3.3.
[1976 Code § 3-7.3]
a.
Any group, organization or individual may apply to the Borough council
for a permit allowing the consumption of alcoholic beverages upon
or in lands and buildings owned by the Borough for special affairs
benefitting charitable or fraternal organizations, departments of
the Borough, first aid and rescue squads, the Borough Fire Department
or other municipal or community organizations.
b.
The application shall be made in writing, to the Borough Clerk at
least 14 days before the event setting forth the name of the organization,
group or individual sponsoring the same, the names of the officers,
directors or principals in the organization or group, the number of
persons expected to be in attendance, describing in detail the event
and the activities scheduled, and the duration of the event.
c.
The Borough Council, if it deems that the granting of such a permit
would benefit the Borough or the applicant and would not be harmful
to the public health, safety or welfare, may grant such a permit for
a duration not exceeding 24 hours.
[1976 Code § 3-7.4]
The provisions for this section shall not apply to the island
within the waters of the Borough property known as Heater's Pond,
generally known as Hemlock Island, but the causeway leading to the
island is not intended to be part of the island and the causeway itself
shall be included as part of the lands to which this section shall
apply.
[Ord. No. 5-04 § 3-13.1]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling or any other person related by blood or affinity.
[Ord. No. 5-04 § 3-13.2]
The consumption or possession of alcoholic beverages of any
type on private property by a person who is under the legal age and
without legal authority is prohibited.
[Ord. No. 5-04 § 3-13.3]
a.
The provisions of this section shall not apply to an underage person
who consumes or possesses an alcoholic beverage in connection with
a religious observance, ceremony, or rite, or consumes or possesses
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.
The provisions of this section shall not apply to any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the New Jersey State 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 educational institution.
1.
This section shall not be construed to preclude the imposition of
a penalty under section N.J.S.A. 33:1-81, or any other section of
law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 5-04 § 3-13.4]
a.
Any person who shall violate this section shall be subject to a fine
of $250 for the first offense, and $350 for any subsequent offense.
b.
The Court may, in addition to the fine, 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 section.
If a person at the time of the imposition of a sentence is less than
17 years of age, the period of license postponement, including 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.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall
immediately collect the license and forward it to the Division along
with the report. If for any reason the license cannot be collected,
the Court shall include in the report the complete name, address,
date of birth, eye color and sex of the person, as well as the first
and last day of the license suspension period imposed by the Court.
The Court shall also 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, that person shall
be subject to the penalties set forth in N.J.S.A. 39:3-40. A person
shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice shall not be a defense
to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey
resident, the Court shall suspend or postpone, as appropriate, the
nonresident driving privilege of the person based on the age of the
person and submit to the Division the required report. The Court shall
not collect the license of a nonresident convicted under this section.
Upon receipt of a report by the Court, the Division shall notify the
appropriate officials in the licensing jurisdiction of the suspension
or postponement.
[1976 Code § 3-9]
If any person shall unlawfully remove from the premises of the owner or possessor thereof any vehicle, or any other article of property, either public or private, or any property belonging to the Borough, or shall unlawfully overturn, break or destroy, deface or injure any public or private property, or make any false alarm of fire, or go about from door to door, or place himself in the streets to beg or gather alms, or if any person shall break, destroy or injure any electric light wiring, fixture or fixtures, lamps or reflectors or shall sound or cause to be sounded any false alarm of fire, then any person so offending shall be guilty as a disorderly person and upon conviction thereof shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1976 Code § 3-8; Ord. No. 1-79 § 1; Ord. No. 3-88 § 2]
No person shall throw or place, or cause to be thrown or placed,
upon any street, street crossing, or sidewalk, private property or
Borough property, any garbage, trash, paper, newspapers, containers,
bottles or other refuse or waste material, except for the purposes
of curbside collection of such materials and for a limited period
of 24 hours prior to collection and 24 hours after collection has
been made.
[Ord. No. 05-2018]
No person shall trespass beyond the spillway for and immediately
downstream of the Heater's Pond Dam on both sides of the tributary
to Saw Mill Brook.
[Ord. No. 05-2018]
[1976 Code § 3-11.1; Ord. No. 12-78 § 1]
As used in this section:
Shall mean and include a motorized bicycle as defined in
N.J.S.A. 39:1-1 and the type of bicycle with motor attached, whether
gasoline or electric, known as mini-bikes, trail bicycles, motor scooters
and any other motor driven vehicle not registered under Revised Statutes
39 of the State of New Jersey.
[1976 Code § 3-11.2; Ord. No. 12-78 § 1]
It shall be unlawful to operate any type of motor driven vehicle
as defined in this section under any of the following circumstances:
a.
On private property of another person or party, or on any private
street or right-of-way within the Borough without the express written
permission to do so by the owner or lessee of the property. Where
such written consent has been obtained, the operator shall keep the
same on his person available for immediate display during the period
of such operation.
b.
On any public grounds or property of the Borough including parks,
recreation areas, lake areas, streets, highways, sidewalks, or areas
designated or commonly used for vehicular or pedestrian traffic except,
however, such vehicles as are licensed by law and as such may be permitted
to use public streets or highways.
c.
In such manner as to create loud and excessive or unusual noise so
as to disturb or interfere with the peace and quiet of the neighborhood
or the health of any person.
d.
In a careless, reckless, or negligent manner so as to endanger the
safety of any person, including the operator of such vehicle, or the
property of any other person.
[1976 Code § 3-11.3; Ord. No. 12-78 § 1]
This section shall not be applied to any recognized organization
which has applied to and received approval from the Governing Body
of the Borough for privileges to use specified public lands of the
Borough for supervised activities conducted thereon, provided, however,
that an insurance liability policy has been filed with the Borough
Clerk naming the Borough as an assured party, which shall hold the
Borough harmless from liability of any such use of its public lands
and premises, and which shall be posted in such amount as may be determined
by resolution of the Governing Body in granting its approval.
[1976 Code § 3-11.4; Ord. No. 12-78 § 1; New]
[1976 Code § 3-5.1]
No person owning or having control of any motor vehicle shall
permit the same to be parked upon any public street or public road
or public property of the Borough within the territorial limits of
the Borough for a period in excess of 48 continuous hours.
[1976 Code § 3-5.2]
Any motor vehicle parked on any public street or on any public
property in the Borough for a period longer than 48 continuous hours
shall be considered to have been abandoned and may be removed immediately
from the public street, or public property by the Police Department
or the Road Department, or such other department or persons as may
be authorized by the Mayor and Council to remove the same, and may
be taken to a place for storage of the vehicle, and any reasonable
expense incurred in such removal and storing of the motor vehicle
shall be chargeable to the owner of the motor vehicle, who shall be
liable to reimburse the Borough therefor, which charges shall be a
lien against the vehicle in favor of the Borough.
[1976 Code § 3-5.3]
In the event the owner of the vehicle fails to pay the removal
and storage charges for a period of one month after its removal from
the public streets, the Borough may dispose of the vehicle at public
sale and from the proceeds of sale may repay the amount of charges
due it for removing and storing the vehicle and also for the reasonable
costs of sale, but shall render any surplus remaining to the owner
of the vehicle involved.
[1976 Code § 3-5.4]
The provisions of this section are subject to and not intended
to supersede the provisions of any ordinance of the Borough relating
to the removal of motor vehicles from any public street or any public
property in the Borough during any snow storm or period required for
plowing of snow.
[1976 Code § 3-4.1; Ord. No. 7-79]
As used in this section:
Shall mean any automobile, truck, bus, school bus, or motor
vehicle of any kind which is no longer licensed for travel on the
public highways and is no longer in actual use as a motor vehicle
for transportation purposes, or which is either wholly unfit without
rebuilding or reconditioning for use for transportation of persons
or materials, or which has been discarded for use as a motor vehicle,
and which has not been officially inspected, excepting, however, farm
use vehicles of all kinds other than passenger automobiles, and automobiles
or motor vehicles of any kind for sale or repair which are kept on
the premises of a garage man or a licensed car dealer in the course
of; and as part of, his business operation.
[1976 Code § 3-4.2; Ord. 7-85 § 1]
a.
It shall be unlawful for any person to place, keep, store, or maintain
any junk automobile or junk automobile body, or separately the parts
of a junk automobile or junk automobile body, which are exposed outside
of an enclosed building on any tract of land within the Borough unless
the junk automobile or junk automobile body is in the control or possession
of the holder of a junk yard license issued by the Borough covering
the premises where the same may be placed or maintained as aforesaid,
or unless the junk automobile or junk automobile body or parts thereof
are kept temporarily in the operation of a business conducted primarily
for the sale and repair, or either, of motor vehicles.
[1976 Code § 3-4.3]
The lands or premises where any such junk automobile, or junk
automobile body, or junk automobile parts are kept or stored or maintained
in violation of this section shall be deemed to be a nuisance and
detrimental to the health and welfare of the residents of the Borough
and shall be subject to the ordinances of the Borough, including those
enacted by the Borough Board of Health.
[1976 Code § 3-4.4]
[1976 Code § 3-10.1]
Pursuant to N.J.S.A. 21:3-1 et seq., it shall be unlawful for
any corporation, firm, manufacturer, merchant or dealer to manufacture,
sell or expose for sale, within the limits of the Borough any firecrackers,
cannon crackers, cap-pistol, explosive caps, skyrockets, roman-candles,
colored lights, or any other explosive or illuminating powder or mechanical
contraption commonly known as fireworks.
[1976 Code § 3-10.2]
It shall be unlawful for any person to discharge or set off within the limits of the Borough any explosive or illuminating agent as set forth and included within the meaning of subsection 3-16.1. The Mayor and Council shall have the power and authority to issue a permit or license to any person, corporation or society for the purpose of conducting "Fourth of July Celebrations" or other festivities, at which time fireworks as above mentioned may be set off and discharged, subject to the provisions of N.J.S.A. 21:3-1 et seq. and to such charges, rules and regulations as the Mayor and Council may see fit to make.
[Ord. No. 7-08 § 3-3.1]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Borough, pursuant to the Acts
of the Legislature of the State of New Jersey, known as the "Bingo
Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing
Law," N.J.S.A. 5:8-50 et seq., and in accordance with the rules and
regulations issued or to be promulgated by the Legalized Games of
Chance Control Commission in the Department of State of the State
of New Jersey. All applications, licenses and proceedings in connection
therewith shall be subject to the provisions of the Acts and the rules
and regulations and any laws, rules and regulations hereafter enacted
and shall be further subject to the provisions of this chapter.
[Ord. No. 7-08 § 3-3.2]
a.
Organizations Eligible for License. A license to conduct a game of
chance as authorized by law shall not be issued to any organization
unless it is established in good faith within the State of New Jersey
and actively engaged in serving one or more of the authorized purposes
as defined by the rules and regulations of the Legalized Games of
Chance Control Commission. The Municipal Clerk shall process all applications
and issue the licenses where the applicant has received a license
in the past from the Borough of Ogdensburg. New applications shall
be presented to the Governing Body for approval.
b.
Conduct of Games on Sunday. It is lawful for the holder of a license
for the operation of or conduct of games of chance issued by the Borough
under the provisions of N.J.S.A. 5:8-24 et seq., known as the "Bingo
Licensing Law" and N.J.S.A. 5:8-50 et seq., known as the "Raffles
Licensing Law" to operate or conduct such games of chance as are permitted
under the aforesaid statutes on Sunday.
[Ord. No. 7-08 § 3-3.3]
The municipal games of chance license application shall include
a $20 application fee. The fee due to the Borough shall be in addition
to the fees required to be paid by the New Jersey Legalized Games
of Chance Control Commission.
[Ord. No. 03-2019]
a.
Preamble. The Mayor and Council of the Borough of Ogdensburg supports
efforts to investigate and prosecute drug offenses; and New Jersey
law provides specific protection for areas around school property
and the property of a public housing facility, a public park or a
public building. N.J.S.A. 2C:35-7 allows the Prosecutor to use an
approved map for the purpose of depicting the location and boundaries
of the area on or within 1,000 feet of any property used for school
purposes; and the attached map also includes the location and boundaries
of the area within 500 feet of the property of public housing facility,
a public park or a public building. The Borough has reviewed the attached
Drug Free Zone Map prepared by Eugene Buczynski, Borough Engineer,
Van Cleef Engineering Associates dated January 23,2019.
b.
Map Adopted. The Mayor and Council of the Borough of Ogdensburg approves
the Drug Free Zone Map prepared by Eugene Buczynski, Borough Engineer,
Van Cleef Engineering Associates dated January 23, 2019 as an official
finding and record of the location and boundaries of the area or areas
on or with 1,000 feet of school property and 500 feet from a public
housing facility, a public park and public building for the purposes
set forth in N.J.S.A. 2C:35-7.(The map may be found in the Borough
offices.)
