[1]
Editor's Note: Former section 3-1, Loitering, previously codified herein and containing portions of Ordinances 10/5/70 and 6/5/77, was repealed in its entirety by Ordinance No. 2008-11.
[Ord. 8/5/68, S1; Ord. 04-98, SI]
It is hereby declared that the keeping, storage or abandonment of any motor vehicle not currently used for transportation and not being licensed for the current year, or of any unused machines, or parts of machines upon lands, streets or highways within the Borough is inimical to the public welfare and the Mayor and Council hereby find and determine that such keeping, storage or abandonment of such motor vehicle or machine, or parts of machines is unsightly and detrimental to the character and appearance of the neighborhood and produces unsafe conditions contrary to the public health, safety and welfare of the Borough residents.
[Ord. 8/5/68, S2; Ord. 04-98, SI]
No person shall store or place or permit same upon any land within the Borough of which he/she is the owner, possessor or occupant of, any machines, or part of machines, automobiles or parts of automobiles or vehicles so in need of repair as to render the same incapable of being readily operated under their own power.
[Ord. 8/5/68, S3; Ord. 04-98, SI]
No person shall park or leave standing any machines or parts of machines, automobiles or parts of automobiles or vehicles so in need of repair as to render the same incapable of being readily operated under their own power on private lands of another or on any public lands, streets or highways in the Borough.
[Ord. 8/5/68, S4; Ord. 04-98, SI]
Any person in charge or control of any lands within the Borough, whether as owner, possessor, occupant or otherwise, on which lands there have been placed or abandoned any machines or parts of machines, automobiles, or parts of automobiles or vehicles, without the consent of such person, shall investigate same to determine whether the owners thereof are unknown and cannot be found, or refused to receive the property so placed or abandoned, and if so shall take possession of such property. The Mayor and Council of the Borough shall thereafter expose any such machines, automobiles or parts of automobiles or vehicles for sale pursuant to the pertinent provisions of N.J.S.A. 39:10A-1 et seq. The monies received from the sale shall be paid to the Borough.
[Ord. 8/5/68, S5; Ord. 04-98, SI]
The parking enforcement officer shall take possession of any abandoned, lost, stolen or unclaimed automobile or vehicle in the streets, highways and/or the municipal parking lots of the Borough and such automobile or vehicle shall be impounded by the parking enforcement officer until lawfully claimed or disposed of in accordance with the pertinent provisions of N.J.S.A. 39:10A-1 et seq. The monies received from the sale shall be paid to the Borough.
[Ord. 8/5/68, S6; Ord. 04-98, SI]
If the owner shall seek the return of any machine, automobile, vehicle or part thereof, in the possession of the Borough before any such machine, automobile, vehicle or part thereof has been exposed for sale, such owner shall pay a fee for storage and towing, if any, to the Borough and the parking enforcement officer is authorized to set fees which shall be reasonable in amount for storage and towing. Any owner refusing to pay the fee shall be deemed to have refused the property.
[Ord. 8/5/68, S10; Ord. 04-98, SI]
This section is intended to provide an additional remedy and shall not be construed to supersede procedures provided under any ordinance.
[Ord. 4/21/58, S1; Ord. 86-3]
The owner or tenant of lands abutting or bordering upon the sidewalks or walkways, or public streets or public places in the Borough are hereby required to remove all snow and ice from the traveled portion of the sidewalks or walkways within 12 hours of daylight after the same falls or forms.
Where a building is occupied by more than one family, or tenant, then the owners are hereby required to remove all snow and ice from such traveled portion of the sidewalks or walkways within 12 hours of daylight after the same falls or forms.
[Ord. 4/21/58, S2; Ord. 86-3; Ord. 04-2001, SI; Ord. 2009-11, S1]
If the owner of any premises neglects or refuses to comply with this section, a notice to comply will be issued by hand delivery or posting on the front door of the residence. If after an additional six hours of daylight, snow and/or ice has not been removed, the certified public works manager, or his or her designee, will be notified. The certified public works manager, or his or her designee, may engage a private contractor or utilize Sussex Borough personnel to remove the snow and/or ice. The charge for this removal shall be double the actual cost or double the wages of the employee with a minimum charge of not less than two hours of the employee's time. The cost of such removal will be charged against the land abutting or bordering upon such sidewalks or walkways, and the amount so charged shall become a lien upon the land, and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, and shall be collected and enforced in the same manner as taxes.
[Ord. 4/21/58, S3; Ord. 86-3]
It shall be unlawful for any person to remove snow and/or ice from any private property, residence, business, sidewalk or walkway and place same onto the roadway of any street or on another sidewalk or walkway.
[Ord. 86-3; Ord. 04-2001, SII; Ord. 2008-02, S2]
Any person violating or failing to comply with any of the provisions of this section shall upon conviction pay a $50 fine for the first offense; a $100 fine for the second offense; and a $250 fine for three or more offenses.
[Ord. 10/5/64, S1]
It shall be unlawful for any owner or possessor of land in this Borough to do any of the following:
a.
Permit such land to be covered with or contain refuse or debris resulting from the construction, demolition or neglect of a building, which refuse or debris has remained on the land for more than 30 days after completion of the construction work, the demolition or after the loose boards, shingles or other materials have fallen off a building, and where such refuse or debris is inimical to the preservation of the public health, safety or general welfare of the people of the Borough of which refuse or debris may constitute a fire hazard.
b.
Permit on such land an abandoned, unused or unprotected well, cellar or other unnatural declivity in which stagnant water or debris is retained or which is dangerous to a person, including a child, being upon such land.
c.
Permit to be stored or placed on such land old lumber, metal, machines or parts of machines, junk, paper, clothes, glass or refuse or any combination of them, which is either a fire hazard, retains stagnant water, permits foul or obnoxious odors, or which is dangerous to a person, including a child, being upon such land. Machines or parts of machines shall include automobiles or parts of automobiles in need of repair or which cannot be readily operated under their own power or which require substantial repairs or abandoned automobiles.
[Ord. 10/5/64, S2]
Upon complaint of any resident or property owner of the Borough or any Borough employee or upon his own motion, the building inspector shall make an investigation of the condition complained of and report thereon, in writing to the Borough Clerk.
[Ord. 10/5/64, S3]
Upon receiving the report, if the land in question is found to be in such condition that a violation of Subsection 3-4. 1 exists on the land, the Borough Clerk shall notify the owner and possessor of the lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as shall effectively remove the violation from the land, within ten days after receipt of the notice.
[Ord. 10/5/64, S4]
The building inspector shall reinspect the lands after the ten day period expires and shall report in writing to the Borough Clerk whether or not the condition complained of has been abated or remedied.
[Ord. 10/5/64, S5]
In the event that the owner or possessor of the lands refuses or neglects to abate or remedy the condition complained of after the ten day notice, the Mayor and Council shall abate and remedy same.
[Ord. 10/5/64, S6]
Upon the removal of any of the materials prohibited to be stored on lands by or under the direction of officers of the Borough in cases where the owner or tenant refuses or neglects to remove the same in the manner and within the time provided above, such officer shall certify the cost thereof to the Mayor and Council who shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against the lands; such amount shall become a lien upon such lands and shall be added to and form part of the taxes next to be assessed and levied upon the lands and the same shall bear interest and be collected and enforced by the same officers and in the same manner as taxes.
[Ord. 3/15/63, S1]
It shall be unlawful for any person, either for himself or as agent or representative of another person, or as an officer or agent of any corporation or as a member of a partnership, with intent to defraud, to make, draw, utter or deliver any check, draft or order for the payment of money in a sum not in excess of $200 upon any bank or other depository, knowing at the time of so doing that the maker, or drawer has no funds or insufficient funds in, or credit with, such bank or other depository for the payment in full of such instrument upon its presentation although no express representation is made in reference thereto.
[Ord. 3/15/63, S2]
The making, drawing, uttering or delivery of a check, draft or order shall be prima facie evidence of intent to defraud, and the certificate of protest of nonpayment of same shall be presumptive evidence that there were no funds or insufficient funds in, or credit with such bank or other depository and that the person making, drawing, uttering or delivering the instrument knew that there were no funds or insufficient funds in or credit with such bank or other depository.
[Ord. 7/18/38, S1; Ord. No. 2016-19]
No person shall place, store or display or cause to be placed, stored or displayed any goods, wares, merchandise or other obstructions on the sidewalks on the business portions of Main Street, Fountain Square and Newton Avenue between the curb line and face of the buildings fronting thereon between the hours of 8:00 a.m. and 12:00 midnight, except during a public event if and to the extent specifically permitted by resolution of the Governing Body.
[Ord. 7/18/38, S2]
The placing, displaying or storing of any goods, wares, merchandise or other obstruction on business portions on Main Street and Newton Avenue as prohibited in Subsection 3-6.1 is hereby declared to be a nuisance.
[Ord. 2/21/27, S1&2]
It shall be unlawful for all persons to coast or ride down hill, on any Borough streets with sleds, bob-sleds, skis and skates. On written complaint of a violation the Borough Judge shall by summons or warrant, compel the appearance of the defendant before a hearing.
[Ord. 9/7/72, S1; amended 12-5-2023 by Ord. No. 2023-28]
As used in this section:
a.
GARBAGE — Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
b.
LITTER — 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.
c.
LITTER RECEPTACLE — A container suitable for the depositing of litter.
d.
PERSON — Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
e.
PUBLIC PLACE — Any streets, sidewalks, alleys, beaches, lakes, bodies of water or other public ways and any and all public parks, squares, spaces, grounds and buildings.
f.
PUBLIC STRUCTURE OR BUILDING — Any structure or building owned or operated by the Federal, County or State government or any governmental agency.
g.
REFUSE — All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, dismantled automobiles and parts thereof, automobiles unable to be self-propelled, scrap metal, junk, machinery and solid market and industrial wastes.
h.
RUBBISH — 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.
i.
VEHICLE — 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. 9/7/72, S2; amended 12-5-2023 by Ord. No. 2023-28]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter upon any public or private property, other than in a litter receptacle, or having done so, to allow such litter to remain.
b.
The owner or person in control of any private property shall at all times maintain their lands and premises free of litter.
[Ord. 9/7/72, S3; amended 12-5-2023 by Ord. No. 2023-28]
a.
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 streets, sidewalks or other public place or upon private property.
b.
Public receptacles shall not be used by persons owning or occupying property in the vicinity of the public receptacles for the deposit of domestic, commercial and/or industrial litter arising from the conduct of their activities.
[Ord. 9/7/72, S4]
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 property shall keep the sidewalk in front of their premises free of litter.
[Ord. 9/7/72, S5; amended 12-5-2023 by Ord. No. 2023-28]
No person, while a driver or passenger, in a vehicle or boat, shall throw or deposit litter upon any street or other public place or upon private property. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the vehicle or boat shall also be deemed to have violated this section.
[Ord. 9/7/72, S6]
No person shall drive or move any truck or other vehicle within the Borough unless such truck or vehicle is so constructed or loaded as to prevent its load, contents or litter from being blown or deposited upon any street or other public place.
[Ord. 9/7/72, S7]
No person shall throw or deposit litter in any pond, lake, stream or any other body of water either in a park or elsewhere in the Borough.
[Former Subsection 3-8.9, Owner to Maintain Premises Free of Litter, was repealed 12-5-2023 by Ord. No. 2023-28. Prior history includes Ord. 9/7/72, S9.]
[New; Ord. 87-1; New]
For violation of any provision of this chapter, any other chapter of this revision, or any other ordinance of the Borough of Sussex where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,250 or imprisonment for a period not exceeding 90 days, or both.
[New]
Except as otherwise provided, every day in which a violation of any provision of this chapter or any other ordinance of the Borough exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Ord. 2/2/76, S1]
No person shall consume or offer to another for consumption alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park, playground or in, on or upon any land or building owned or occupied by any federal, state, county or municipal government.
[Ord. 2/2/76, S2]
No person shall consume alcoholic beverages or offer to another for consumption any alcoholic beverage 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.
[Ord. 2/2/76, S3]
No person shall have in his possession or possess an alcoholic beverage in, on or upon any land or building owned or occupied by any federal, state, county or municipal government unless the same is contained within a closed or sealed container.
[Ord. 2/2/76, S4]
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.
[Ord. 2/2/76, S5]
Any person who shall violate any provision of this section or fail to comply therewith, shall severally, for each and every such violation and noncompliance, be liable to the penalty stated in section 3-9.
[Ord. 2/2/76, S6]
If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be in any way invalid, such clause, sentence, paragraph, section or part of this ordinance shall be considered to be severable and such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof, directly involved in the controversy resulting in such valid judgment having been rendered, and in the event that the Legislature of the State of New Jersey, or of the United States of America enacts a statute which preempts any clause, sentence, paragraph, section or part of this ordinance shall be considered to be severable and only that portion directly affected shall be considered to be preempted and invalid.
[Ord. 2/2/76, S7]
Notwithstanding the provisions contained in subsections 3-10.1 through 3-10.4 of this section, a special permit may be issued by resolution of the Mayor and Common Council for the possession and consumption of alcoholic beverages at a picnic, in a park or glen, at a specific event of observance or other activity sponsored by an individual, group, nonprofit corporation or organization for profit.
[Ord. 85-15, S1]
No person shall carry a lighted cigar, cigarette or pipe or use any tobacco product within any building owned by the Borough of Sussex.
[Ord. 85-15, S2]
The words "use any tobacco products" shall specifically mean carrying a lighted cigar, cigarette or pipe, smoking, chewing snuff, chewing tobacco or tobacco products, taking or pinching snuff.
[Ord. 85-15, S3]
This prohibition shall not apply in any area clearly defined by a written resolution adopted by majority vote of the Mayor and Council and only after that clearly defined area has been clearly posted, "Smoking Permitted In This Area" in accordance with the written resolution adopted by the Mayor and Common Council.
[Added 10-17-2017 by Ord. No. 2017-09]
Smoking shall be prohibited in:
a.
All parks and recreation areas owned or leased by the Borough of Sussex;
b.
All property owned or leased by the Borough of Sussex and used for recreational activities; and
c.
All driveway, parking and drive-aisle areas adjacent to recreational or park facilities leased or owned by the Borough of Sussex where "no smoking" signs are posted.
[Added 10-17-2017 by Ord. No. 2017-09]
As used in § 3-11.4, "smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 10-17-2017 by Ord. No. 2017-09]
The following shall apply with regard to the areas of the Borough of Sussex governed by § 3-11.4: "No smoking" signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to fine.
[Added 8-10-2021 by Ord. No. 2021-14; repealed and replaced 2-20-2024 by Ord. No. 2024-01]
[Added 2-20-2024 by Ord. No. 2024-01]
Means the same as that term is defined in N.J.S.A. 24:6I-33.
[Added 2-20-2024 by Ord. No. 2024-01]
The consumption of cannabis in a public place shall be prohibited in all public places within the Borough of Sussex, and any such violation shall be subject to a civil penalty of $200 per violation.
[Added 2-20-2024 by Ord. No. 2024-01]
This section may be enforced by the Code Enforcement Officer or other official of the Borough designated by the Borough Council.
[Former § 3-13, Mandatory Source Separation Program, previously codified herein and containing portions of Ordinance No. 05-93 was repealed in its entirety by Ordinance No. 2009-01. See Chapter 15, Garbage and Recycling for recycling regulations.]
[Added 9-5-2023 by Ord. No. 2023-21]
The repair or maintenance of motor vehicles, including but not limited to the draining or replacing of fluids on any public street or property owned by the Borough, is prohibited, except when necessary to address an emergency situation.
[Added 9-5-2023 by Ord. No. 2023-21]
[Former § 3-14, Curfew, previously codified herein and containing portions of Ordinance No. 23-92 was repealed in its entirety by Ordinance No. 2014-13.]
[Added 12-5-2023 by Ord. No. 2023-28]
As used in this section, the following terms shall have the meanings indicated:
A domesticated animal, such as, for example, a dog or cat, but not including a disability assistance animal, kept for amusement or companionship.
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
Waste matter expelled from the bowels of the pet; excrement or feces.
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the Borough or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
[Added 12-5-2023 by Ord. No. 2023-28]
All pet owners/keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that pet owner/keeper.
[Added 12-5-2023 by Ord. No. 2023-28]
Any pet owner/keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
[Ord. 06-2000, S1]
a.
It shall be unlawful for any person or persons to trespass on certain municipal property designated as a limited access area by the governing body of Sussex Borough by way of ordinance, and provided that said area is posted with a "NO TRESPASSING" sign by the municipality.
[Ord. 06-2000, S1]
a.
For any person who violates this ordinance, the maximum penalty, upon conviction, shall be a fine not to exceed $1,000, imprisonment not to exceed 90 days, or both. Additionally, any person who violates this ordinance may be required to perform community service for a period not exceeding 90 days.
b.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty, or no penalty at all, may be appropriate for a particular case or violation.
[Former § 3-16, Sex Offender-Free Zones, previously codified herein and containing portions of Ordinance No. 2006-07 was repealed in its entirety by Ordinance No. 2009-02.]
[Added 12-5-2023 by Ord. No. 2023-28]
As used in this section, the following terms shall have the meanings indicated:
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
All animals that are neither human nor domesticated.
[Added 12-5-2023 by Ord. No. 2023-28]
No person shall feed, in any public park or on any other property owned or operated by Sussex Borough, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program).
[Added 12-5-2023 by Ord. No. 2023-28]
Any person who is found to be in violation of the provisions of this Section shall be subject to the penalties set forth in § 3-9.