[Editor's Note: Regulations concerning noise are found in Chapter 34, Zoning.]
[Ord. 12/10/74, § 1]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly.
[Ord. 12/10/74, § 2]
No person shall loiter in a public place in such manner as to:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest, or interfere with any person lawfully in any public
place.
This paragraph shall include the making of unsolicited remarks
of an offensive, disgusting or insulting nature or which are calculated
to annoy or disturb the person to, or in whose hearing, they are made.
[Ord. 12/10/74, § 3]
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 subsection 3-1.2, he may, if he deems it necessary for the preservation of public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[1]
Editor's Note: Prior history includes Ord. No. 6-88 §§ 13,
15, 16.
[Ord. No. 2010-02]
As used in this section:
Shall mean any vehicle which is continually present upon
property longer than the time limitations outlined in this section.
Shall mean any vehicle which cannot be started upon request
of the enforcement officer of this section, or for any other reason
will not run, e.g., no battery, flat tires, no wheels, or which displays
extensive body damage or deterioration. A vehicle shall also be considered
inoperable if the owner refuses to start it, or if it is not validly
registered with the New Jersey Motor Vehicle Commission pursuant to
N.J.S.A. 39:3-1, et seq. or if such registration has expired.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any machine propelled other than by human power,
designed to travel along the ground by use of wheels, treads, runners
or slides, and includes without limitation automobile, truck trailer,
motorcycle, tractor.
[Ord. No. 2010-02]
No person shall, park or permit the parking of any vehicle on
his or her residential lawn.
[Ord. No. 2010-02]
No person shall park, leave or store any inoperable motor vehicle
on any public lands or premises except in case of emergency and then
for a period of not more than 24 hours.
[Ord. No. 2010-02]
No person shall park, leave, store or maintain any inoperable
motor vehicle for a period of more than 30 days upon any private lands
or premises.
[Ord. No. 2010-02]
No owner or occupier of any private lands or premises shall
permit or suffer any inoperable motor vehicle to be parked, left,
stored or maintained on his or her lands or premises for more than
30 days.
[Ord. No. 2010-02]
This section shall not apply to any motor vehicle that is:
a.
Located or stored on the lands and premises of a duly licensed car
dealer or service station; or
b.
Located or stored in an enclosed garage or other enclosed building;
or
c.
On the premises and associated with the lawful operation or a commercial
garage; or
d.
Any motor vehicle which has current "Antique Motor Vehicle" license
plate issued by the Department of Motor Vehicles; or
e.
Located on premises owned or occupied by the owner of the inoperable
vehicle where such vehicle is actually in the process of being repaired,
but in no event shall repair continue for a period of more than 30
days and provided, further, that no more than one such vehicle, in
the process of being repaired, shall be located on any lot at one
time.
[Ord. No. 2010-02]
This section shall not apply to lawfully operated junkyards
or towing services, or to vehicles located or stored inside garages
or other buildings, to businesses lawfully engaged in the repair and/or
sale of motor vehicles, or to motor vehicles under the control of
the Borough of South Bound Brook.
[Ord. No. 2010-02]
a.
The officers of the Borough of South Bound Brook which shall be charged
with the enforcement of this section are Borough of South Bound Brook
Building Inspector or his designated representative or the Borough
Police Department.
b.
Any vehicle determined by one of the officers listed in paragraph
a to be in violation of this section may be taken into possession
and removed to a storage place designated by any of the officers listed
in paragraph a.
c.
Upon the taking into possession of any vehicle, it shall be disposed
of by following the procedures established by N.J.S.A. 39:10A-1, et
seq. for the disposition of such vehicles, including payment to the
Borough of all of its costs for removal and storage of such vehicle.
[Ord. No. 2010-02]
a.
Any person who shall violate any provision of this section shall,
upon conviction thereof, be liable to a fine of not more than $1,000
or imprisonment for a term of not more than 90 days, or both.
b.
The imposition of a penalty or penalties for any violation of this
section shall not excuse the violation or permit it to continue, and
all such persons shall be required to correct or remedy such violations
within a reasonable time. If said violations are not corrected within
a reasonable time as shall be determined at the trial for the first
offense, then each 10 days thereafter that the prohibited conditions
are maintained shall constitute a separate offense hereunder.
[Ord. 4/5/61, § 2; Ord. 5/31/61, § 1]
The owner, occupant or tenant of premises abutting or bordering
upon any street in the Borough shall remove all snow and ice from
the abutting sidewalks of such streets, or in the case of ice which
may be so frozen as to make removal impracticable, shall cause the
same to be thoroughly covered with sand, ashes or equivalent material
suitable for rendering such sidewalks safe for travel, within 12 hours
after the same shall fall or be formed thereon.
[Ord. 4/5/61, § 3]
No person, firm or corporation, the owner, tenant or occupant
of any premises abutting on any street shall throw, place or deposit
any snow or ice into or upon any street in the Borough, it being the
intent and purpose of this provision to prohibit all persons from
throwing, casting, placing or depositing snow and ice, which accumulated
within the private property belonging to the person, upon the sidewalks
or streets of the Borough.
[Ord. 4/5/61, § 4]
In case such snow or ice shall not be removed from such sidewalks or shall be cast, deposited thereon or placed upon the sidewalks or the street by the owner or owners, tenant or tenants, occupant or occupants of any of the premises as provided in subsections 3-3.1 and 3-3.2 hereof the same shall be removed forthwith and under the direction of the Superintendent of Streets of the Borough and the cost of such removal as nearly as can be ascertained shall be certified by the Superintendent of Streets to the Borough Council. The Borough Council shall examine such certification and if found to be correct shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by the provisions of this section shall not constitute any bar to the right of the Borough to collect the cost as certified for the removal of the snow or ice in the manner herein authorized.
[Ord. 12/10/74, § 4]
No person shall consume or offer to another for consumption,
alcoholic beverages in, on or upon any public street, sidewalk, park,
playground or in, on or upon any land owned or occupied by any Federal,
State, County or municipal government.
[Ord. 12/10/74, § 5]
No person shall consume alcoholic beverages or offer to another
for consumption, any alcoholic beverages in, on or upon any place
to which the public at large is invited, provided, however, that nothing
herein shall be construed to prohibit the consumption or sale of alcoholic
beverages within the licensed premises of a plenary retail consumption
liquor licensee, or temporary licensee.
[Ord. 12/10/74, § 6]
No person shall have in his possession or possess any alcoholic
beverages in, on or upon any public street, sidewalk, park, playground
or in, on or upon any land owned or occupied by any Federal, State,
County or municipal government unless the same is contained within
a closed or sealed container.
[Ord. 12/10/74, § 8]
No person shall have in his possession or possess an alcoholic
beverage in, on or upon any place to which the public at large is
invited unless the same is contained within a closed or sealed container,
provided, however, that nothing herein shall be construed to prohibit
the possession of alcoholic beverages within the licensed premises
of a plenary retail consumption liquor licensee, or temporary licensee.
[Ord. 12/10/74, § 9]
None of the foregoing provisions shall apply to any public park
or public picnic area where the consumption of alcoholic beverages
at occasions or events held by bona fide nonprofit organizations or
other groups is specifically permitted by resolution of the Mayor
and Council.
[Ord. #6-88, § 1]
As used in this section:
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, deposited or stored
as herein prohibited, tends to create a danger to public health, safety
and welfare.
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 includes any yard, ground, walk, driveway, porch, steps
or vestibule belonging or appurtenant to such dwelling house, building
or other structure.
Shall mean all putrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals
and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as papers, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery, building materials and similar materials.
[Ord. #6-88, § 2]
No person shall throw, put or place, or cause or permit to be
thrown, put or placed into, upon or within any public sidewalk, street
or public place any rubbish, refuse, garbage, ashes, paper, dirt,
cinders, substance, matter or thing, or otherwise litter the public
sidewalk, street or public place.
[Ord. #6-88, § 7]
No person shall throw, deposit or store 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 authorized private receptacles for collection and removal
of same in such manner that they shall not be unsightly and detrimental
to the surrounding neighborhood.
[Ord. #6-88, § 10]
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. #6-88, § 11]
No person or persons shall throw, dump or place any garbage,
trash, debris or other waste material on any private property not
his own within the limits of the Borough.
[Ord. #6-88, § 3]
The filling of gutters along any public street with dirt, fill,
earth or other materials is hereby prohibited irrespective of the
manner or distance by which the dirt, fill, earth or other materials
shall travel before reaching the public street.
[Ord. #6-88, § 4]
The obstruction of drains to any public street in the Borough
of South Bound Brook by the spilling, filling, flowing or throwing
of stones, dirt, earth or other materials thereon is hereby prohibited.
[Ord. #6-88, § 5]
No person, firm or corporation shall do or cause to be done
any act, including the construction of buildings, grading, landscaping
or otherwise, which shall cause or result in the accumulation of dirt,
silt, earth or other materials upon any public street, storm drain,
gutter or culvert in the Borough.
[Ord. #6-88, § 18]
No person, firm or corporation shall accumulate debris on or
around construction sites or permit its storage in such a manner that
it is likely to be removed by natural forces onto adjacent property,
or any public sidewalk, street or public place.
[Ord. #6-88, § 17]
No person shall cause or permit a vehicle to be so loaded or
operate a vehicle so loaded that the contents or any part thereof
may be scattered on any street. Whenever the load of any vehicle is
susceptible to scattering on a street and such load extends above
the height of the sides or tailgate or rear of the body of the vehicle,
the load shall be securely covered by a tarpaulin or other cover.
[Ord. #6-88, § 9]
The owner or person in control of any private property shall
at all times maintain the premises free of litter.
[Ord. #6-88, § 19]
Owners of vacant lots must keep such lots free of rubbish. If
the owner of a vacant lot shall fail or neglect to comply with this
provision, then the Borough, its agents or servants, under the direction
of the Borough Sanitarian, may enter upon the premises in order to
remove such rubbish, and the costs paid and incurred for removing
the same shall be certified by the Borough Sanitarian to the Council,
which shall examine such certification and, if found correct, shall
cause the cost as shown in the certification to be charged against
the lands, and the amount so charged shall forthwith become a lien
upon the lands and be added to and become and form part of the taxes
next to be assessed and levied upon the lands, the same to bear interest
at the same rate as other taxes, and shall be collected and enforced
according to law and remain a lien until paid.
[Ord. #6-88, §§ 12, 14]
a.
Storage of Bulky Household Items in Residential Zones. No person
shall store in areas zoned residential any bulky household items including
but not limited to appliances, furniture or mattresses, except in
a fully enclosed structure or during days designated for the collection
of bulky items.
b.
Storage of Tires in Residential Zones. No person shall store tires
in areas zoned residential, except in a fully enclosed structure or
on days designated for the collection of tires.
[Ord. #6-88, §§ 6, 8]
a.
Placement of Litter Receptacles. Litter receptacles shall be located
and regularly serviced at the following public places within the corporate
limits of the Borough:
1.
Sidewalks used by pedestrians in active retail commercial-zoned areas,
such that at a minimum there shall be no single linear quarter mile
without a receptacle;
2.
All buildings held out for use by the public including but not limited
to schools, government buildings, bus stations, parks, drive-in restaurants,
self-service refreshment areas, construction sites, gasoline service
station islands, shopping centers and parking lots;
3.
At all special events to which the public is invited, including but
not limited to sporting events, parades, carnivals, circuses and festivals.
The proprietors of these places or the sponsors of these events
shall be responsible for providing and servicing the receptacles such
that adequate containerization is available.
b.
Use of Receptacles. 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.
[Ord. #6-88, § 20]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Ord. No. 2007-04]
a.
Purpose. An ordinance to establish requirements to control littering
in Borough of South Bound Brook, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
b.
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
1.
LITTER – Shall mean any used or unconsumed substance or waste
material which has been discarded, whether made of aluminum, glass,
plastic, rubber, paper, or other natural or synthetic material, or
any combination thereof, including, but not limited to, any bottle,
jar or can, or any top, cap or detachable tab of any bottle, jar or
can, any unlighted cigarette, cigar, match or any flaming or glowing
material or any garbage, trash, refuse, debris, rubbish, grass clippings
or other lawn or garden waste, newspapers, magazines, glass, metal,
plastic or paper containers or other packaging or construction material,
but does not include the waste of the primary processes of mining
or other extraction processes, logging, sawmilling, farming or manufacturing.
2.
LITTER RECEPTACLE – Shall mean a container suitable for the
depositing of litter.
3.
PERSON – Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c.
Prohibited acts and regulated activities.
1.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
2.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this ordinance, the operator or
owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this subsection.
d.
Enforcement. This subsection shall be enforced by the Police Department
and/or other Municipal Official of Borough of South Bound Brook.
e.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine not to exceed $500.
[Ord. 12/14/65, § 1]
Games of chance are authorized to be conducted in accordance
with the terms of the "Bingo Licensing Law," within the Borough on
the first day of each week, commonly known as Sunday, by a licensee
granted a license for such day by the Borough Council.
[Ord. 12/14/65, § 2]
No license issued by the Borough Council shall permit games
of chance to be conducted by a licensee on the first day of the week,
commonly known as Sunday, except between the hours of 7:00 p.m. and
11:30 p.m.
Editor's Note: Ord. No. 2021-010 amended Section 3-7 in entirety. Prior history includes Ord. #6-91 and Ord. #5-92.
[Amended 10-12-2021 by Ord. No. 2021-010]
This section shall be known as the "Towing Ordinance of the
Borough of South Bound Brook."
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
The purpose of this section is to establish towing and storage fee
schedules pursuant to N.J.S.A. 17:33B-47 for the reimbursement of
towing charges and storage charges for all private passenger automobiles
that are Police impounded damaged in accidents, or are recovered after
being stolen.
b.
The provisions of this section apply to all persons who provide towing
and storage services for the Borough of South Bound Brook for private
passenger automobiles that are Police impounded, damaged in accidents,
or are recovered after being stolen.
c.
In order to protect persons who, operate motor vehicles inside the
Borough of South Bound Brook, it is desirable and necessary to adopt
this section to ensure proper licensing, storage, availability and
other controls over persons and firms licensed to provide wrecker
service.
[Amended 10-12-2021 by Ord. No. 2021-010]
Any person desiring to perform towing work at Police request
shall submit an application for a wrecker service license, in duplicate,
to the Municipal Clerk. These forms shall include the name of the
owner; home and business address, home phone number, and name under
which the person does or will trade; the location, size and security
features of the storage lot on which towed vehicles will be stored;
the location to which the public must come to claim stored vehicles;
a statement of willingness to provide wrecker service on a continuous
twenty-four-hour-a-day basis each day of the year; a complete listing
of the insurance policies, carriers and agents the owner would place
into effect upon license approval; a statement that the wrecker owner
will indemnify and hold harmless the Borough in the event that any
claim for recovery is made against the Borough arising out of the
towing service or storage of vehicles, along with a description of
the place to be used to adequately protect the property left in towed
or stored vehicles; and a description of communications to be used
on each wrecker and a description of the type of communication system
utilized at the office where calls are received. Any person wishing
to apply for a tow license in the Borough shall operate and/or have
storage facilities located within the Borough and/or an adjoining
municipality.
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
All applicants for a license shall obtain an application for a wrecker
service license which upon receipt of same, shall forward the application
to the Municipal Clerk for investigation of the truth and accuracy
of the information contained therein. Upon completion of investigation
by the Chief of Police, the Chief of Police shall forward a copy of
the application to the Borough Council along with a recommendation
for approval or disapproval of the license and the reasons, if any,
for disapproval. Upon receiving the application for wrecker service
license, the Borough Council shall determine whether or not the applicant
has complied with the necessary standards and criteria. If the applicant
is found to be qualified then, upon the payment of an annual license
fee of $200, a license shall be issued to the applicant and the applicant's
name placed at the end of the towing list. There shall be no more
than four tow companies on the list at one time. All licenses shall
expire on December 31 of each year.
b.
The Borough Council may terminate a license under the following circumstances:
1.
When it is found that the license was secured by fraud or concealment
of material facts by the licensee, which in fact, if known, would
have resulted in denial of the license;
2.
When it is found that the license holder has violated any of the
requirements or regulations established by the Chief of Police or
his designee;
3.
When the Borough is not satisfied with the general services of the
owner and/or employees or with the cooperation it has received in
rendering service.
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
No wrecker license shall be issued until the applicant has deposited
with the Borough Clerk or Chief of Police a garage liability policy
covering the operation of the owner's business, equipment, or
other vehicles for any bodily injury or property damage. This policy
shall be in the minimum amount of $500,000 for any one person injured
or killed and a minimum of $1,000,000 for more than one person killed
or injured in any accident and an additional $50,000 for property
damage.
b.
Each policy must contain an endorsement by the carrier providing
ninety-day notice to both the Borough and the insured in the event
of any change in coverage under the policy.
[Amended 10-12-2021 by Ord. No. 2021-010]
The owner shall provide continuous 24 hour a day service each
day of the year and shall provide an attendant or answering service
for the purpose of receiving calls for service. The owner shall be
available to release stored vehicles during the hours of 8:00 a.m.
and 5:00 p.m. each day except Sunday and holidays. The owner shall
assume all liability and shall indemnify and save the Borough harmless
from such liability for damages sustained by vehicles while being
towed or stored and for all personal injuries occurring to any of
the firm's employees or other persons and shall maintain the
required insurance policies. The wrecker owner shall not release any
vehicle directly impounded by the Borough without authorization by
the Police Department.
[Amended 10-12-2021 by Ord. No. 2021-010]
Minimum equipment to be maintained or available for service
shall include:
a.
Two tow vehicles with dolly equipment, or
b.
One tow vehicle and one flatbed truck including dolly equipment.
All units must have a fire extinguisher of ABC type, safety chains,
stiff push broom, slings, warning lights (with permits), and the necessary
equipment to provide a complete service to tow vehicles below 3/4-ton
capacity with two axles.
[Amended 10-12-2021 by Ord. No. 2021-010]
All costs incident to towing and storage shall be paid by owner
or person in charge, or in possession of the towed and stored vehicle
to the owner of the wrecker company and a receipt for payment shall
be issued to the person. The Borough shall assume no liability or
responsibility for any vehicle removed from any place without the
authority of the Chief of Police. The wrecker owner shall maintain
approved records and claim check system to assure release of vehicles
to the rightful owner or authorized person. These records shall be
maintained for a period of not less than four years. Such records
shall be open to the Police Department for investigation of specific
complaints and for compiling surveys under this section. The owner
of any wrecker service shall permit any person appointed by the Chief
of Police to inspect his wreckers, vault, security form or storage
area at such times as the Chief of Police shall deem appropriate.
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
Towing service shall rotate on a weekly basis. The week will start
at 8:00 a.m. on the first of the week and will conclude at 7:59 a.m.
hours on the first day of the following week. During the week that
the towing service is assigned, all calls for service requested through
the Police Department will be accepted. Refusal or inability to respond
will automatically result in the next wrecker on the list being summoned.
Response time must be reasonable (20 minutes), and Police Officers
may cancel and reassign the call when response time is unreasonably
long. The Chief of Police shall not call or cause to be called any
wrecker not licensed with the Borough unless all such wreckers are
unavailable. It is specifically permitted for the Chief of Police
to call a wrecker out of sequence where the proximity to the wreck
and estimated response time makes it more practical to do so. Failure
to comply with this section will result in removal from the list by
decision of the Borough Council, after a full disclosure of the facts
by all parties involved.
b.
A wrecker company that cannot respond when called shall not have
any other wrecker company, whether on the rotation list or not, respond
in their place. The next wrecker called shall be at the discretion
of the officer in charge.
c.
Any wrecker company unable to respond to four or more Police requests
per month will be subject to removal from the approved list for the
next rotation week of being on service. The Police desk shall allow
the phone to ring 10 times on any call before going to the next service
on the list. Any wrecker company using a paging system will be granted
a five-minute wait period to respond before Police call the next wrecker
company on the list.
[Amended 10-12-2021 by Ord. No. 2021-010]
A covered facility shall be provided for security of autos impounded
by the Police for death by auto or crime incidents. The covered facility
must be on the grounds of the towing service or meet the approval
of the Police Department. No one shall release an impounded vehicle
without permission of the Police Department representative.
[Amended 10-12-2021 by Ord. No. 2021-010]
A private passenger automobile of a private or station wagon
type that is owned or hired and is neither used as a public or livery
conveyance for passengers nor rented to others with a driver; and
a motor vehicle with a pick-up body, or delivery sedan, a van, or
panel truck or a camper type vehicle used for recreational purposes
owned by an individual or by husband and wife who are residents of
the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family, corpartners or corporation, which is principally
garaged on a farm or automobile owned by two or more relative's
residing in the same household.
The removal and transportation of an automobile from a highway,
street, or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm.
The Chief of the Police Department of the Borough of Bound
Brook or anyone designated by him.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations, even if they were caused by the intentional
acts of a perpetrator.
An automobile storage facility that is not indoors and is
secured by a fence, wall, or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
An automobile storage facility that is not indoors and is
not secured by a fence, wall, or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new 24-hour period
begins at 12:01 a.m. hours.
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts, or under-reach equipment specifically
designed by its manufacturer for the removal or transport of private
passenger automobiles.
The towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A list maintained by the Police Department containing the
names of those wreckers licensed by the Borough to respond to requests
for the towing of vehicles made by the Police Department.
A specially adapted vehicle used to remove motor vehicles
from one place to another: tow vehicle.
[Amended 10-12-2021 by Ord. No. 2021-010]
The fees set forth on the schedule for towing rates are the
maximum charges that shall apply to both private passenger automobile
and commercial vehicles for towing services rendered as a result of
a Police request, an accident or theft recovery. The schedule will
also set rates for road service calls initiated by the Police Department
at the request of the vehicle owner. Only the amounts established
in this section will be charged to the consumer when basic towing
services and road service calls for assistance are rendered.
a.
The towing rate will include no charge for mileage from the tow company's
yard and back or a drop off point within that route. An additional
charge will be added for each mile the tow company must travel that
is considered being out of the way. In this case fractions shall be
rounded up to the nearest whole mile.
b.
Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
c.
When towing services are required, the day rate shall apply when
the call for the tow occurs between 6:00 a.m. and 6:00 p.m. The evening
rate shall apply when the call for the tow occurs between 6:00 p.m.
and 6:00 a.m. The evening rate shall apply to Sundays and holidays.
The tow vehicle respondents must arrive on the scene within 20 minutes
of receiving the information from Police Headquarters. Failure to
abide by the above time provisions will result in the dispatch of
another tow service. Repeat violations of the above time provisions
may result in the removal of the tow service from the duty rotation.
d.
The fees set forth on the schedule for storage are the maximum to
be charged. Storage fees begin the day the vehicle is placed in storage
and terminate the day the vehicle is removed from storage. The fee
schedule shall include both passenger vehicles and commercial vehicles.
Commercial vehicle storage shall be calculated per stored unit.
e.
An administrative fee may be assessed to the consumer provided that
the towing company adheres to the following procedure. Upon storage
of a vehicle for seven straight days, the tower must notify the vehicle
owner via certified return receipt mail of the storage costs already
accumulated along with an explanation of civil recourse should the
vehicle not be claimed. The tower must have a disposition for the
vehicle prior to it being stored for 30 days.
f.
The responding tow operator or licensee shall be responsible for
cleaning the scene of the accident of broken glass, metal or debris
by sweeping the road surface and removing the material to the tow
vehicle. All wreckers will be equipped with absorbent material in
case of a liquid spill. The wrecker operator will be responsible for
properly removing the absorbent material from the roadway and onto
the tow vehicle. Should this cleanup be deemed extensive, the tow
company will not charge more than the per hour rate that is established
in the fee schedule. This clean up must be complete to the satisfaction
of the Police Officer in charge of the scene.
g.
There will be no fees charged to the customer if the Police Department
canceled the services prior to the wrecker arriving on the scene.
Should the wrecker arrive but the service is no longer needed, the
customer will be liable for a road service call out.
[Amended 10-12-2021 by Ord. No. 2021-010]
Wrecker services are required to have copies of established
rates available for the vehicle owner or driver at the time of the
tow.
[Amended 10-12-2021 by Ord. No. 2021-010]
This section in no way denies the right of a motorist to request
or call for a tow operator of his/her own choosing, provided that
the officer at the scene determines that the tow operator requested
can arrive at the scene within the time limit specified herein, has
the proper equipment to clear the scene and the safety of the persons
or motorists will not be jeopardized by the time involved. No officer
will be required to accept a towing service unknown to him when a
disabled or wrecked vehicle potentially threatens the safety of the
public.
[Amended 10-12-2021 by Ord. No. 2021-010]
All grievances by licensees or the public shall be brought to
the attention of the Police Department and Borough Administrator.
Complaints of any violation of this section may result in the suspension
of the wrecker service by the Chief of Police until the Borough Administrator
can arrange for a hearing. If it is found that a violation of this
section does exist, the Borough Council may terminate the wrecker
service's license. All decisions made by the Borough Council
shall be considered final.
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
Passenger Vehicles.
|
Passenger Vehicle Towing; Storage; Road Service Fee Schedule
| |
|---|---|
|
Day Rate
|
$100 (6:00 a.m. - 6:00 p.m.)
|
|
Night Rate
|
$100 (6:00 p.m. - 6:00 a.m.)
|
|
Mileage
|
No charge from yard to yard. $7 per out of way loaded mile
|
|
Storage
|
$60 per day indoors
|
|
$35 per day outdoors
| |
|
Storage costs are from day in yard to day out of yard
| |
|
Winching/Uprighting/Recovery
|
$150 hour billed in 1/4 hour increments. (Day & Night)
|
|
Road Service
|
$60 (Day rate)
|
|
$80 (Night rate)
| |
|
Road Clean up
|
$40 plus cost of additional material. $25 max per bag speedy
dry
|
|
Administration Fee
|
$25
|
|
Additional manpower shall be billed in 15-minute increments
at $50/hour day rate and $75/hour night rate. Additional manpower
fee may be charged when the recovery job cannot be completed by a
tow operator alone.
| |
b.
Commercial Vehicles.
|
Commercial Vehicle Towing; Storage; Road Service Fee Schedule
| |
|---|---|
|
Day Rate
|
$250 per hour (Under reach type wrecker)
|
|
$150 per hour (Standard heavy-duty wrecker)
| |
|
Above are straight charges with no additional fees
| |
|
Night Rate
|
$300 per hour (Under reach type wrecker)
|
|
$150 per hour (Standard heavy-duty wrecker)
| |
|
Above are straight charges with no additional fees
| |
|
Mileage
|
No charge from yard to yard
|
|
$4 per out of way loaded mile
| |
|
Storage
|
$100 per day indoors/per stored day
|
|
$75 per day outdoors/per stored unit
| |
|
Storage costs are from day in yard to day out of yard
| |
|
Winching/Up righting
|
Billed per company hour/per ordinance
|
|
Road Service
|
$100 per hour plus material cost
|
|
Administration fee
|
$25
|
|
Additional manpower shall be billed in 15-minute increments
at $50/hour day rate and $75/hour night rate. Additional manpower
fee may be charged when the recovery job cannot be completed by a
tow operator alone. Minimum of $30.
| |
|
Light Duty Wrecker Services
|
Under 10,000 pounds
|
|
Heavy Duty Wrecker Services
|
10,000 pounds and over
|
|
Material Off Loading Charge
|
$100/hour billed in 15-minute increments. This fee may be charged
when material must be off-loaded for security, health, or safety reasons.
If the tow company is charged a fee by a third party for disposal
of the material, that disposal fee may be passed on at cost to the
responsible party.
|
[Amended 10-12-2021 by Ord. No. 2021-010]
Any person found guilty of violating any of the provisions of
this section may, in addition to being removed from the towing list,
be liable to a fine or not more than $500.
[Amended 10-12-2021 by Ord. No. 2021-010]
a.
The Borough Council may establish reasonable rules and regulations
for the inspection and operation of wreckers under this section.
b.
The Chief of Police shall maintain due vigilance over all wreckers
to ensure they are kept in safe condition for transporting disabled
vehicles. The Chief or his designee may at any time inspect all licensed
wreckers, and shall maintain a record of the report of all such inspections.
c.
If the Chief of Police shall find the equipment used by a licensee
inadequate or unsafe, he may demand immediate correction of the inadequacy
or unsafe condition. If immediate correction is not made to the satisfaction
of the Chief of Police, the licensee's license may be suspended
until such time as the corrections or repairs deemed necessary by
the Chief of Police have been completed.
d.
The licensee shall be responsible for any vehicle and the contents
thereof in the licensee's custody, and shall be liable for any
loss while the vehicle is in the licensee's custody. The licensee
shall reimburse the owner or person identified on the vehicle's
registration for any damage or loss to the vehicle or its contents
occurring while the vehicle is in the custody of licensee.
e.
All charges imposed by the licensee in accordance with this section
shall be paid by the owner or person identified on the vehicle's
registration or the agent thereof. The Borough of Bound Brook shall
not be liable for the payment of any sum to the licensee, which it
may allege to be due as a result of any service provided.
f.
Substantiated reports of discourteous behavior, excessive fees, or
damage to vehicles by the licensee may constitute cause for the Borough
to remove the licensee either temporarily or permanently from the
towing rotation or to revoke the licensee's license.
g.
The licensee shall make all tow vehicles and wreckers available to
the Police Department for inspection at any time.
h.
All tow vehicles and wreckers must be clearly, legibly, and permanently
marked with the name of the licensee.
i.
All tow vehicles shall be dispatched from the towing operator's
principal place of business, and shall be kept at the towing operator's
principal place of business when not actively towing another vehicle
or traveling to or from the towing operator's principal place
of business. In no event shall a towing vehicle be kept overnight
on or at a residential property.
[Ord. #2-93, § I]
The Borough Council, by reason of conditions which exist and
of circumstances that have occurred within the Borough which have
been a source of annoyance and public concerns to the Borough residents
and to other lawfully using public and quasi-public streets and places
in the Borough, deems it necessary, proper, advisable and in the best
interests of the public to regulate the use of public and quasi-public
streets and places within the Borough by any juvenile not attaining
the age of 18 years and by others for the maintenance of good order
and the protection of persons and property and for the preservation
of the public health, safety and welfare of the Borough and its residents
and other lawfully using the public and quasi-public streets and places
in the Borough.
[Ord. #2-93, § II]
As used in this section:
Shall mean a person 18 years of age or older, other than
a parent, to whom legal custody of the juvenile has been given by
court order or who is acting in the place of the parent or is responsible
for the care and welfare of the juvenile.
Shall mean an individual under the age of 18 years.
Shall mean and be defined as set forth in the Borough ordinance.
"An Ordinance to prohibit loitering and the consumption of alcoholic
beverages in public in the Borough of South Bound Brook and providing
penalties for the violation thereof" adopted December 10, 1974.
Shall mean every civic and publicly owned building, park,
playground and other places of general public gathering or congregation;
any street, highway, road, alley or sidewalk including the front of
any shop, restaurant, tavern or other place of business as well as
parking lots.
Shall mean every highway, road, trail, alley, fire lane or
other way that is open to the use of the public for vehicular or pedestrian
traffic.
Shall mean every privately owned building or other place
of public accommodation or use or building or other structure open
to the general public and all vacant lots or other unsupervised areas
within the Borough not readily under the control or supervision of
the owner. It shall also include the front of any store, shop, restaurant,
tavern or other place of business, and public grounds, areas, parks
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section; or, in the case of a juvenile, not owned or under the control
of his/her parent or guardian.
Shall mean every highway, road, trail, fire lane, alley or
other way dedicated to the public use, but which is unopened or unaccepted
by the Borough.
[Ord. #2-93, § III]
It shall be unlawful for any juvenile under the age of 18 years
to loiter, idle, wander, stroll or play in or remain in or be upon
the public streets, highways, roads, alleys, parks, playgrounds or
other public grounds, public places and public buildings, places or
amusement and entertainment, vacant lots or other public places within
the confines of the Borough between the hours of 11:00 p.m. and 6:00
a.m. of the following day. The provisions of this section shall not
apply to any juvenile under 18 years of age accompanied by his or
her parent, guardian or other person having the care of custody of
the juvenile, or where the juvenile is upon an emergency errand or
legitimate business directed by his or her parent or guardian or other
adult person having the care or custody of the juvenile.
[Ord. #2-93, § IV]
It shall be unlawful for the parent, guardian, or other adult person having the care or custody of a juvenile under 18 years of age to allow or permit or suffer the juvenile to go or be upon any public street, alley, highway, park, playground or other public places or public grounds in the Borough set forth in subsection 3-8.2 during the restricted time period of 11:00 p.m. to 6:00 a.m. of the following day in violation of the provisions of subsection 3-8.3, except as therein provided.
[Ord. #2-93, § V]
Whenever a juvenile shall be arrested or taken into custody or detained for willfully violating the provisions of subsection 3-8.3, the parents or legal guardians or legal guardian of such juvenile or any person who has assumed the responsibility of the natural parents of the juvenile shall be notified of such detention by the arresting police officer or any authorized member of the South Bound Brook Police Department.
a.
The authorized police officer shall serve written notice upon such parent or legal guardian or the person responsible for such juvenile setting forth the facts and charges of the violation, which notice shall contain a warning that upon a second arrest or detention within 180 days and conviction of the juvenile on charges of violating this section, a formal complaint may be filed against the parent or legal guardian or other person responsible for the care and custody of the juvenile for lack of supervision and permitting the juvenile to violate the provisions of subsection 3-8.3.
b.
A copy of the notice and warning mentioned in paragraph a and the facts and circumstances of the prior arrest or detention shall be served upon the Administrator of the Borough of South Bound Brook Municipal Court, which notices shall be evidence of parental or guardian neglect of supervision in any complaint with charges filed against the parent or legal guardian or other person responsible for the care and custody of the juvenile charged with the violation of subsection 3-8.4 in allowing the juvenile to violate subsection 3-8.3.
[Ord. #2-93, § VI]
The provisions of this section shall not be applicable to a
juvenile under the age of 18 years or to a parent or legal guardian
or other person responsible for the care and custody of the juvenile
during the time necessarily required for such juvenile to travel from
a place of employment, at which such juvenile may be gainfully employed;
or from school or place of instruction, at which such juvenile may
be in a bona fide attendance; or from a place at which a function
may be held that shall be or had been sponsored by a religious, school,
civic or properly supervised event or program, or gathering or assemblage
had taken place, to his or her residence; nor in the event of an emergency
involving the danger to life or property which shall require the juvenile
to be out of his/her home and in the prohibited area.
[Ord. #2-93, § VII]
All officers or officials charged with law enforcement within
the Borough are hereby authorized, empowered and directed to enforce
the provisions of this section.
[Ord. #2-93, § VIII]
a.
Any juvenile apprehended pursuant to this section and held in violation
thereof, shall be subject to the penalties as set forth within the
power of the Juvenile Court of the County of Somerset and State of
New Jersey.
b.
Any adult violator of the provisions of this section shall be subject
to a penalty of up to $1,000 and a term of community service, which
shall be served together by the juvenile and parent/guardian in the
event both violate the section.
[Ord. 8/5/31, § 9]
No person while upon, about or in the waters of or bounding
the Borough shall commit any lewd, immoral or indecent act or utter
loud or offensive or indecent language or by hilarity disturb the
peace and quiet in the neighborhood.
[Ord. 8/5/31, § 10]
No person shall participate in any riot or unlawful assembly
of persons, or disturb any neighborhood, family or person within the
Borough by any loud or unnecessary noise with kettles, belts, drums,
or other articles, or by shouting, or by using any profane, indecent
or obscene language or by any indecent conduct whatever, or by quarreling,
assaulting or fighting or by otherwise disturbing the public peace.
[Ord. 8/5/31, § 11]
No person shall throw stones, sticks or any hard or dangerous
or offensive substances in or into any street or byway or public place,
or at any person, car, domestic animal, vehicle, house, building,
or fence within the Borough limits or waters within or bounding the
Borough.
[Ord. 8/5/31, § 12]
No person shall distribute, strew about or place in any street
or public place, areaway or yard, or upon the steps or porch of any
building or cause to be so distributed, strewn about or placed, any
papers, circulars, cards or pamphlets unless securely attached to
the building except such papers or other matter as may be ordered
or subscribed for by the occupants of the premises. Newspaper deliveries
are an exception.
[Ord. 8/5/31, § 17]
No person shall obstruct the streets, sidewalks, byways or public
places of the Borough with any kind of vehicles, boxes, lumber, wood
or any other thing.
[Ord. 8/5/31, § 18]
No person shall interfere with, obstruct or hinder any Police
Officer in the performance of his duty, or willfully refuse or neglect
to assist any Police Officer when lawfully required to do so by him
in the execution of any process in the suppression of a breach of
the peace or in the case of an escape, or when he is resisted in the
discharge of his duty.
[Ord. 8/5/31, § 20]
No person shall intentionally break, or injure, or cause to
be broken or injured, any fire alarm box, owned by the Borough or
any street lights used or lighted by, or rented to the Borough.
[Ord. #7-79, § 1; Ord. #10-91, § I]
Any person who flees or attempts to elude, on foot or by any
other means, any police or law enforcement officer after having received
any signal from such officer to halt or bring his/her vehicle to a
full stop, is in violation of this section.
[Ord. 9/11/62, § 7]
No person shall at any time park a vehicle on any street for
the purpose of sale or exchange of vehicle.
[1]
Editor's Note: Prior history includes Ord. No. 2001-04; Ord.
No. 2002-01.
[Ord. No. 2008-10 § 1]
The maps as adopted as Schedule A, entitled Drug Free School
Zone, 1,000 foot radius; and as Schedule B, entitled Drug Free Public
Park Zone, 500 foot radius; prepared by Maser Consulting dated August
4, 2008, are hereby adopted by the Governing Body pursuant to and
for the purposes set forth in N.J.S.A. 2C:35-7 and 2C:35-7.1.
[1]
Editor's Note: The maps may be found in the Borough offices.
[Ord. No. 2008-10 § 2]
a.
Schedule A is hereby approved by the Governing Body as an official
finding and record of the location and boundaries of the areas on
or within 1,000 feet of the school listed below.
|
No.
|
School Name
|
|---|---|
|
1.
|
Robert Morris School
|
b.
Schedule B is hereby approved by the Governing Body as an official
finding and record of the location and boundaries of the areas within
500 feet of the public parks listed below.
|
No.
|
Park Name
|
|---|---|
|
1.
|
Memorial Park
|
|
2.
|
Maple Avenue Park
|
|
3.
|
Warren Street Park
|
|
4.
|
Staats House Park
|
|
5.
|
Delaware & Raritan Canal Park
|
[Ord. No. 2008-10 § 3]
The purpose of this section is to implement the enhanced penalties
provided in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 for manufacturing,
distributing, dispensing or possessing controlled dangerous substances
or analogs thereof, under the circumstances set forth in the above
referenced statutes.
[Ord. #10-97 § I]
No person who operates a store, newsstand, booth, concession,
or similar business with unimpeded access for persons under 18 years
of age or who is in business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs,
shall display or permit to be displayed at his business premises any
obscene material at a height of less than five feet and without a
blinder or other covering placed or printed on the material displayed.
The public display of the obscene material shall constitute presumptive
evidence that the retailer knowingly made or permitted this display.
[Ord. #10-97 § I]
As used in this section:
Shall mean any description, narrative account, display or
depiction of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance or film, which by means of posing, composition, format,
or animated sensual details:
Depict or describe in a patently offensive way, ultimate sexual
acts, normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of the genitals.
Lacks serious literary, artistic, political, or scientific value
when taken as a whole.
Is a part of a work, which to the average person applying contemporary
community standards, has dominant theme taken as a whole, which appeals
to the prurient interest.
[Ord. #10-97 § II]
Any person who violates the provisions of this section shall
be charged with a petty disorderly person offense.
[Ord. No. 2011-05]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or Court appointment.
Shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
Shall mean the state of being, or an individual, under the
legal age to purchase alcoholic beverages as provided in N.J.S.A.
9:17B-1.
[Ord. No. 2011-05]
It shall be unlawful for any person under the legal age and
without legal authority, knowingly to possess or knowingly to consume
an alcoholic beverage on private property.
[Ord. No. 2011-05]
This section shall not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
This section shall not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post secondary educational institution; however, this ordinance
shall not be construed to preclude the imposition of a penalty hereunder,
or under 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. 2011-05]
Upon conviction for violation of any provision of this section,
the penalty for a first offense shall be a fine of $250 for a first
offense and a fine of $350 for any subsequent offense.
[Ord. No. 2011-05]
The Court may, in addition to the fine authorized for this offense,
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 a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
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 Commission along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in 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 or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under such an ordinance is not a New
Jersey resident, the Court shall suspend or postpone, as appropriate,
the non-resident driving privilege of the person based on the age
of the person and submit to the Commission the required report. The
Court shall not collect the license of a non-resident convicted under
this section. Upon receipt of a report by the Court, the Commission
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
