[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repealed in its entirety by Ordinance No. 2008-11.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]
As used in this section:
a.
GARBAGE — Shall mean putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption
of food.
b.
LITTER — 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.
c.
PUBLIC PLACE — Shall mean any streets, sidewalks, alleys, beaches,
lakes, bodies of water or other public ways and any and all public
parks, squares, spaces, grounds and buildings.
d.
PUBLIC STRUCTURE OR BUILDING — Shall mean any structure or
building owned or operated by the Federal, County or State government
or any governmental agency.
e.
REFUSE — Shall mean 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.
f.
RUBBISH — 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.
g.
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]
No person shall throw, deposit, dump or otherwise discard litter
in or upon any public place within the Borough except in public receptacles
or in authorized private receptacles for collection. The 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 industrial litter arising from the conduct of the activities.
[Ord. 9/7/72, S3]
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.
[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]
No person, while a driver or passenger, in a vehicle shall throw
or deposit litter upon any street or other public place within the
Borough or upon private property.
[Ord. 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.
[Ord. 9/7/72, S8]
No person shall throw, deposit or store litter on any 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 litter.
[Ord. 9/7/72, S9]
The owner or person in control of any private property shall
at all times maintain their lands and premises free of litter.
[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]
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.
[1]
Editor's Note: 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.
[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.
[1]
Editor's Note: 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.
