[1983 Code § 139-1]
As used in this chapter:
Any place to which the public has access or to which the
public is invited, including streets, highways, roads, alleys, avenues,
public buildings, schools, theaters or places of business. The following
are also included: public parks, grounds, areas, parking lots or vacant
property not owned or under the control of the person allegedly violating
any provision of this chapter.
[1983 Code § 139-8]
All fines imposed and collected under the provisions of this
chapter shall be paid to the Treasury of the Borough of Pompton Lakes.
[1983 Code § 139-9]
[1983 Code § 139-2; amended 2-13-2019 by Ord. No. 19-07; 5-8-2019 by Ord. No. 19-15]
The following words and terms as used in this section shall
have the following meanings unless the context indicates otherwise.
Terms not defined herein shall have the meaning as defined in N.J.A.C.
7:29.
Any site preparation, assembly, erection, repair, alteration
or similar activity, including demolition of buildings and structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
and/or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures
or roadways.
New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential services including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including
but not limited to apartments, condominiums, co-ops, multiple-family
houses, townhouses and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples-include but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions or health and recreational
facilities, other similar devices or areas either in the interior
or on the exterior of the building which may be a source of elevated
sound levels at another category of the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property, located above, below or otherwise adjacent
to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A noise
control investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and is currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by a NCO or an NCI using his
or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, road, highway, sidewalk, alley or easement
that is owned, leased or controlled by a nongovernmental entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multiuse
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multiuse property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
C.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4. except that the testing of electromechanical
functioning of a stationary emergency signaling device shall not meet
or exceed 10 seconds.
A.
Except as otherwise provided herein, the provisions of this chapter
shall not apply to the exceptions listed in N.J.A.C.7:29-1.5.
B.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
C.
Construction and demolition activities are exempt from the sound
level limits set forth in the attached tables except as provided for
otherwise herein.
A.
Noise control officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any provision
of this chapter and pursue enforcement activities.
B.
Noise control investigators shall have the authority within their
designated jurisdiction to investigate suspect violations of any provision
of this chapter that do not require the use of a sound level meter
(i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
C.
Noise control officers and noise control investigators may cooperate
with NCOs and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinance.
A.
Sound measurements made by an NCO shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection B below and with the definition of "real property line" as set forth herein.
B.
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the NCO or NCI, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C.7:29-2.9(b)2.
When measuring total sound level, the configuration of windows and
doors shall be the same and all sound sources within the dwelling
unit must be shut off. Measurements shall not be taken in areas which
receive only casual use such as hallways, closets and bathrooms.
A.
No person shall cause, suffer, allow or permit the operation of any
source of sound on any source property listed in this chapter in such
manner as to create a sound level that equals or exceeds the sound
levels set forth herein when measured at or within the real property
line of any of the receiving properties set forth herein except as
may be otherwise set forth in this chapter.
B.
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal
or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive
sound which occurs less than four times in any hour shall not equal
or exceed 80 decibels. Impulsive sound which repeats four or more
times in any hour shall be measured as continuous sound and shall
meet the requirements as shown in Tables I and II.
No person shall cause, suffer, allow or permit the operation
of any sound production device in such a manner that the sound crosses
a property line and raises the total sound levels above the neighborhood
residual sound level by more than the permissible sound level limits
set forth herein when measured within the residence of a complainant
to the measurement protocol set forth in this chapter. These sound
level measurements shall be conducted with the sound level meter set
for "C" weighting "fast response."
The following standards shall apply to the activities or sources
of sound set forth below:
A.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth herein. At all other times the limits set forth herein do not
apply. All motorized equipment used in these activities shall be operated
with a muffler and/or sound reduction device.
B.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g. golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays,
unless such activities can meet the limits set forth herein. At all
other times the limits set forth herein do not apply. All motorized
equipment used in these activities shall be operated with a muffler
and/or sound reduction device.
C.
All construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
and federal holidays, unless such activities can meet the limits set
forth herein. At all other times the limits set herein do not apply.
All motorized equipment used in construction and demolition activity
shall be operated with a muffler and/or sound reduction device.
D.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth herein do not apply.
E.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth herein do not apply.
F.
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
G.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a noise control
officer or noise control investigator. Prima facie evidence of a violation
of this section shall include but not be limited to: 1) Vocalizing
(howling, yelping, barking, squawking etc.) for five minutes without
interruption, defined as an average of four or more vocalizations
per minute in that period; or 2) Vocalizing for 20 minutes intermittently,
defined as an average of two vocalizations or more per minute in that
period. It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
Violations of each subsection of this section shall be considered
purposeful and therefore non-minor violations.
A.
No person shall remove or render inoperative or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
C.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
D.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
A.
Violation of any provision of this chapter shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the noise control officer or noise
control investigator.
B.
Any person who violates any provision of this chapter shall be subject
to a civil penalty for each offense of not more than the maximum penalty
allowed pursuant to N.J.S.A. 40:49-5. If the violation is of a continuing
nature, each day during which it occurs shall constitute an additional,
separate, and distinct offense.
C.
Upon identification of a violation of this chapter the noise control
officer or noise control investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this chapter that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
D.
If the violation is deemed by the noise control officer or noise
control investigator to be a minor violation (as defined in this chapter)
a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Health Department.
It shall be noted that the NOV does not constitute a formal enforcement
action, a final agency action or a final legal determination that
a violation has occurred. Therefore, the NOV may not be appealed or
contested.
E.
If the violation is deemed by the noise control officer or noise
control investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5 will be issued. If a non-minor violation
is immediately corrected a NOV without a civil penalty shall still
be issued to document the violation. If the violation occurs again
(within 12 months of the initial violation) a NOPA shall be issued
regardless of whether the violation is immediately corrected or not.
F.
The violator may request from the noise control officer or noise
control investigator an extension of the compliance deadline in the
enforcement action. The noise control officer or noise control investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
G.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
H.
The noise control officer or noise control investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
I.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
|
Table I
| |||
|---|---|---|---|
|
Maximum Permissible A - Weighted Sound Levels When Measured
Outdoors
| |||
|
Receiving Property Category
|
Residential Property, Or Residential Portion of a Multiuse Property
|
Commercial Facility, Public Service Facility, Nonresidential
Portion of a Multiuse Property, or Community Service Facility
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
| |||
|---|---|---|---|
|
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multiuse Property
|
Commercial Facility or Nonresidential Portion of a Multiuse
Property
| |
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Permissible Octave Band Sound Pressure Levels In Decibels
| ||||||
|
Receiving Property Category
|
Residential property, or residential portion of a multiuse property
|
Residential property, or residential portion of a multiuse property
|
Commercial facility, public service facility, nonresidential
portion of a multiuse property, or community service facility
|
Commercial facility or nonresidential portion of a multiuse
property
| ||
|
Outdoors
|
Indoors
|
Outdoors
|
Indoors
| |||
|
Octave Band Center Frequency Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
|
Table IV
| |
|---|---|
|
Maximum Permissible Increase In Total Sound Levels Within A
Residential Property
| |
|
Weeknights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00 p.m.
- 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
[1983 Code § 139-3]
As used in this section:
A conveyance or system of conveyances (including roads, with
drainage systems, streets, catch basins, curbs, gutters, ditches,
man-made channels or storm drains) owned or operated by the Borough
or other public body and that is used for collecting and conveying
stormwater.
Water resulting from precipitation (including rain and snow)
that runs off the surface of the land, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
[1983 Code § 139-3]
The spilling, dumping or disposal of materials other than stormwater
to the municipal separate stormwater system operated by the Borough
is prohibited. The spilling, dumping or disposal of materials other
than stormwater in such a manner as to cause the discharge of pollutants
to the municipal separate stormwater system operated by the Borough
is prohibited.
[1983 Code § 139-3]
A.
Water line flushing or the discharge from potable water sources.
B.
Uncontaminated groundwater, including infiltration, crawl space or
basement sump pumps, foundation or footing drains and rising groundwater.
C.
Air-conditioning condensate excluding contact and noncontact cooling
water.
D.
Irrigation water, including landscape and lawn watering runoff.
E.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
F.
Residential car washing water and residential swimming pool discharges.
G.
Sidewalk, driveway and street wash water.
H.
Flows from fire-fighting activities.
I.
Rinsing of equipment as follows:
1.
Flows from rinsing of the following equipment with clean water:
a.
Beach maintenance equipment immediately following their use for their
intended purpose; and
b.
Equipment used in the application of salt and deicing materials immediately
following such use. Prior to rinsing with clean water, all residual
salt and deicing materials must be removed from the equipment and
vehicles to the maximum extent practicable using dry cleaning methods,
including sweeping and shoveling. Recovered materials are to be returned
to storage for reuse or properly discarded.
[1983 Code § 127-1]
As used in this section:
Any refuse, garbage, rubbish, paper, metal, wood, leaves,
glass or any other material or substance which is thrown, deposited
or permitted to collect or remain in any place, public or private,
which may affect the health, welfare or safety of the public or render
streets or public or private places unsightly.
[1983 Code § 127-2]
No person shall throw or deposit or permit any agent or employee
to throw or deposit litter, garbage, refuse or rubbish in or upon
any street, sidewalk or other public place within the Borough, except
in public receptacles or in authorized private receptacles for collection.
[1983 Code § 127-3]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a sanitary manner and to prevent
it from being carried or deposited by the elements upon any street,
sidewalk or other public place.
[1983 Code § 127-4]
No person shall sweep into or deposit in or on any sidewalk,
gutter, street or other public place within the Borough any litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property along or adjacent to
any street, avenue, highway or alley in this Borough shall remove
all litter from the sidewalks of any such street, avenue or highway
or from any such alley abutting or bordering on their premises and
shall at all times keep said sidewalk or alley free from litter.
[1983 Code § 127-5]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public or private place
within the Borough.
[1983 Code § 127-6]
No person shall put, deposit or throw any litter upon the private
property of another or deposit any materials on any private property
which will generate litter or be carried by the elements onto other
property or into any watercourse.
[1983 Code § 127-7]
No person who is the owner or occupant of any private property
within the Borough of Pompton Lakes shall permit to be deposited,
collected or maintained any litter or any materials which will generate
litter or be carried by the elements onto other property or into any
watercourse.
[1983 Code § 139-4]
No person shall throw, deposit or leave any paper or advertisement poster, stones, sticks, glass, metal or any other hard, dangerous or offensive substances upon any sidewalk, street, byway or public place nor throw at any vehicle, house, building, fence or person such items. This section shall not prohibit any person from lawfully acting under Borough Code Chapter 5, Licenses, Permits and Business Regulations or from lawfully distributing information to the public in public places or from placing signs on private property in accordance with the Borough sign regulations.
[1983 Code § 68-1]
No person shall swim or bathe in any of the lakes, ponds or
streams of the Borough of Pompton Lakes within the view of any dwelling
house, public road or public place unless dressed in suitable attire.
[1983 Code § 68-2]
All persons over 12 years of age are prohibited from traveling
the streets or avenues or other public places of the Borough of Pompton
Lakes in bathing suits, unless the said person shall wear some outer
wrap or garment over said bathing suit while traveling the streets
or avenues or other public places of the Borough.
[1983 Code § 68-3]
No person shall change his or her attire except in a bathhouse
or other building.
[1983 Code § 139-5]
No person shall appear in any public place in a state of nudity
defined as the exposure of male or female genitalia or the female
breast.
[1983 Code § 139-6]
A.
No
person shall trespass on any portion of a vacated public street as
hereafter set forth except as may be permitted by the Borough in the
exercise of any rights reserved by the Borough in said vacated streets.
B.
The
Borough shall conspicuously post no trespassing signs at locations
set forth in this section.
C.
No
person shall trespass on any property owned or operated by the Borough
where such property is marked "No Trespassing" in accordance with
this section.
D.
Nothing
herein shall be construed to prohibit the use of such property for
emergency services.
[1983 Code § 139-7]
A.
No
person shall consume or offer for consumption alcoholic beverages
in any public place or upon any publicly owned or operated property.
B.
No
person shall possess any alcoholic beverage in any public place or
upon any publicly owned or operated property unless same is contained
within a closed or sealed container.
C.
Nothing
in this section shall prohibit the possession or consumption of alcoholic
beverages pursuant to a valid license or permit issued by the Division
of Alcoholic Beverage Control or the Borough of Pompton Lakes in accordance
with the requisite rules and regulations of either agency.
[1983 Code § 99-1]
The shooting, discharge or firing of or hunting with bows and
arrows, pistols, cannons, rifles, shotguns or revolvers or other appliances
using blank cartridges or caps containing chlorate of potash mixture
or loaded cartridges or shells is hereby prohibited within the Borough
of Pompton Lakes.
[1983 Code § 99-2]
This section shall not apply to police officers; persons authorized by law to carry a gun in the performance of their duty; members of an organized rifle or shooting club which shall have been granted a permit for an organized meet as provided in Chapter 5, Licenses, Permits and Business Regulations; hunters or fishermen properly licensed by the State of New Jersey when acting in all respects in conformity with the laws of the State of New Jersey concerning hunting and fishing; or members of an organized bow and arrow shooting club; or to the shooting of bows and arrows to targets on an established target range in a confined, protected area after a permit for such shooting has been obtained as hereinafter set forth.
[1983 Code § 99-3]
The use of firearms and bows and arrows by a member of an organized club in accordance with the exception set forth in Subsection 8-8.2 hereof is prohibited unless the person so using the same shall have first secured a permit from the Municipal Clerk and approval from the Chief of Police of the Borough of Pompton Lakes as to location, responsibility and qualifications of the applicant, the manner of supervision of such shooting and such precautionary measures and protective devices as may be required for the safety of the applicant and other persons, as provided in Chapter 5 of the Borough Code.
[Added 7-17-2019 by Ord.
No. 19-20]
No person of organization shall provide armed security in the
Borough of Pompton Lakes nor shall any person or organization utilize
the services of armed security personnel within the Borough except
in compliance with the provisions of this section.
A.
Whenever any person or organization intends to utilize the services
of armed security personnel, such person or organization shall notify
the Chief of Police or designee of such intent not later than 72 hours
prior to the service being rendered. The notification shall be in
writing and shall include the name or names of the armed security
personnel or company with address and telephone number.
B.
No person or organization shall provide armed security within the
Borough except in compliance with the following provisions.
1.
The person or company providing armed security shall be in compliance
with all state statutes governing armed security and firearms regulations.
2.
Armed security personnel performing services in the Borough, except
employees of armored car companies while performing their duties on
an armored car vehicle, shall produce their State of New Jersey issued
firearm carry permit when requested to do so by a Borough police officer
or Borough Class II special police officer.
3.
The person or company shall obtain a permit to provide such services
in the Borough from the Chief of Police or designee which permit shall
be valid during the year in which issued. The cost of such permit
shall be $25 payable to the Borough of Pompton Lakes.
4.
The person or company to provide such service shall notify, in writing,
the Chief of Police or designee not less than 72 hours prior to rendering
the service with the name or names of all personnel to be used and
the type and serial number of all firearms to be carried.
[1983 Code § 104-1]
Whenever, in the opinion of the Mayor, a flood has occurred
or is imminent which endangers the health, safety or resources of
the residents or business or industrial establishments of the Borough
of Pompton Lakes, the Mayor shall declare a state of flood emergency,
or whenever the Emergency Management Coordinator of the Borough of
Pompton Lakes shall declare a state of local disaster emergency, pursuant
to N.J.S.A. App. A:9-40.5, a flood emergency shall exist. Such emergency
shall continue until an order ending the same is declared by the Mayor
or Emergency Management Coordinator.
[1983 Code § 104-2]
No person shall, during a flood emergency, hinder, prevent,
interfere with, obstruct or deter any firefighter, police officer,
civil defense worker, first aid or emergency services squad member
or other person from rendering lawful assistance in the rescue of
persons or protection and repair of property or hinder or interfere
with any firefighter, police officer, civil defense worker, first
aid or emergency services squad member or other person rendering lawful
assistance in the rescue of persons or protection and repair of property
going to or from a flood area, nor shall any person obstruct the passage
of any emergency equipment in going to or from any flood area.
[1983 Code § 104-3]
No person shall cross any designated flood emergency line without
permission of the designated officer in charge of the flood line.
[1983 Code § 104-4]
When, in the opinion of the Mayor or the Emergency Management
Coordinator, the presence of persons within a flood area is a clear
and present danger to said persons' safety or health, the Mayor
or Emergency Management Coordinator may order the removal of such
persons.
[1983 Code § 104-5]
Unless the presence of such persons beyond the flood emergency
line constitutes a clear and present danger to the safety of such
persons or the safety of others, the following persons shall be permitted
within the flood emergency lines: police, fire, civil defense, public
works, first aid, emergency services and municipal personnel and other
persons actually engaged in the rescue of persons or the protection
and repair of property, property owners and tenants of structures
existing or under construction.
[1983 Code § 104-6]
As used in this section:
The senior police officer present or, in his absence, the
person designated by the Chief of Police or, in the absence of the
Chief of Police, the person designated by the person in charge of
the Police Department.
The area designated by the Mayor or Emergency Management
Coordinator as the area of the Borough in danger or likely to be in
danger by flooding and shall include, but not be limited to, any area
inundated by any present or previous flooding.
The line designated by the Mayor or Emergency Management
Coordinator beyond which the presence of unauthorized persons is likely
to interfere with rescue of persons or the protection or repair of
property.
[N.J.S.A. 39:4-10; 1983 Code § 71-1]
When in use at nighttime every bicycle, tricycle and similar
vehicle shall be equipped with: (1) a front headlamp emitting a white
light visible from a distance of at least 500 feet to the front; and
(2) a rear lamp emitting a red light visible from a distance of at
least 500 feet to the rear. In addition to the red lamp a red reflector
may be mounted on the rear.
[N.J.S.A. 39:4-11; 1983 Code § 71-2]
A bicycle, tricycle and similar vehicle must be equipped with
a bell or other audible device that can be heard at least 100 feet
away, but not a siren or whistle.
[1983 Code § 71-3; amended 6-12-2019 by Ord. No. 19-18]
No bicycle, tricycle, other wheeled vehicle or other means of
transportation shall operate at a faster rate of speed on any public
road or street of the Borough than the posted speed limit.
[1983 Code § 71-4]
A.
No person over the age of eight years shall ride a bicycle, tricycle,
other wheeled vehicle or other means of transportation (except wheelchairs
or other devices used for the same purpose; as an example, handicap
scooters) upon any sidewalk in the Borough.
[Amended 6-12-2019 by Ord. No. 19-18]
B.
No person over the age of eight years shall ride a bicycle, tricycle,
other wheeled vehicle or other means of transportation (except wheelchairs
or other devices used for the same purpose; as an example, handicap
scooters) upon any sidewalk in the Borough.
[Amended 6-12-2019 by Ord. No. 19-18]
C.
Definition. As used in this section, "sidewalk" shall mean any sidewalk
laid out by the Borough of Pompton Lakes or by any private individual,
which is reserved by custom for the use of pedestrians and which has
been specially prepared for their use, but not including footpaths
or portions of public roads lying outside of the thickly settled parts
of the Borough which are worn only by travel and are not improved
by the Borough Council or by the abutting owners.
[1983 Code § 71-5]
Every violation of this section shall render the offender subject
to a fine not exceeding $25 for each offense, and the Judge who may
have jurisdiction of such offenses may impose upon such offender such
fine, in his discretion, as he may think proper, not exceeding the
sum of $25 for each offense.
[1983 Code § 73-1]
The game of chance commonly known as "bingo" and provided for by the Laws of the State of New Jersey 1954, Chapter 6, N.J.S.A. 5:8-24 et seq., may be conducted in the Borough of Pompton Lakes on the first day of the week commonly known as "Sunday," provided that:
A.
Said game of chance is not conducted earlier than the hour of 6:00
p.m. prevailing time.
B.
The applicant for the license to conduct such game of chance otherwise
qualifies under the provisions of the aforementioned statute and the
rules and regulations of the Legalized Games of Chance Control Commission.
C.
The applicant conducting the games is a charitable, educational,
religious or other organization specifically qualifying under the
provisions of the aforementioned statutes.
[Ord. No. 2015-18]
A.
Pursuant to N.J.A.C. 13:47-6.8, the Borough hereby authorizes games
of chance to be held, operated or conducted on Sunday subject to the
provisions set forth below.
B.
No game of chance shall be held, operated or conducted on Sunday
without the specific authorization of the Mayor and Council by resolution.
The entity requesting the authorization must be authorized by State
statute and regulation to conduct games of chance and shall provide
the request to the Borough Clerk in such form as the Clerk may require.
[1983 Code § 123-1]
As used in this section:
Any library or collection supported in whole or in part by
public funds of the Borough and any free public library created pursuant
to the provision of N.J.S.A. 40:54-1 et seq.
[1983 Code § 123-2]
No person shall retain or fail to return any book or article
borrowed from any library in the Borough, contrary to the rules and
regulations of such library.
[1983 Code § 123-3]
If any person retains or fails to return any book or article,
he shall be first notified in person or in writing of his failure
to return said book or article as per rules and regulations of the
library before any complaint shall be made for violation of this section.
[1983 Code § 123-4]
No person shall damage or destroy or permit to be damaged or
destroyed any book or other article, or any part thereof, which is
owned by or is in the custody of the library.
[1983 Code § 123-5]
No person shall register or furnish a false name or address
or use any card other than the one issued to said person for the purpose
of borrowing any book or other article from the library.
[1983 Code § 123-6]
Every person convicted of a violation of a provision of this
chapter or any supplement or amendment thereto shall be liable to
a penalty or fine of not more than $50 plus the replacement value
of said damaged books or property for the first offense and a penalty
or fine of not more than $100 plus the replacement value of said damaged
books or property for the second and each succeeding offense.
[1983 Code § 89-1]
Criminal history background checks are required to be conducted
by any nonprofit youth-serving organization as defined by N.J.S.A.
15A:3A-1 et seq., and failure to conduct such investigation as required
in the statute or failure to enforce the requirements of disqualification
because of the criminal history of an individual as defined in the
statute will result in loss of privileges to use Borough-owned or
-leased facilities.
[1983 Code § 89-2]
The costs for the required background check will be absorbed
by the youth organization or the employees or volunteers, as mandated
by the rules and regulations of the individual youth organization
at its discretion.
[1983 Code § 89-3 adopted 10-25-2006 by Ord. No. 06-21]
All organizations in the Borough which are subject to the provisions
of N.J.S.A. 15A:3-1 et seq. and this section shall hereafter comply
with the provisions of N.J.S.A. 15A:3A-1 et seq.
[1983 Code § 185-1]
As used in this section:
Includes, but is not expressly limited to, minibikes, motorscooters,
go-carts, golf carts, motorbikes, snowmobiles, dune buggies and swamp
buggies and any other similar motor vehicle of the type that is normally
used on land for recreation, entertainment or pleasure. The use of
lawnmowers, powered garden vehicles and other similar utilitarian
domestic vehicles is specifically excepted herefrom.
[1983 Code § 185-4]
It shall be unlawful for any person to operate or permit and
suffer to be operated a recreational motor vehicle as defined in this
section within the Borough of Pompton Lakes under any of the following
circumstances:
A.
On private property of another without the express prior written
consent of the owner and the occupant of said property. Such consent
may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator or person at
the site responsible for such operation shall keep said consent on
his person and available for immediate display at all times during
the period of such operation. Excepted from the operation of this
subsection are any private clubs or other organizations that permit
the operation of recreational motor vehicles on their property in
connection with the principal use of said property by the members
of any such club or organization.
B.
On any public grounds or property, including Borough-owned land,
which shall include but not be limited to parks, ball parks, recreation
areas, Borough-owned streets, easements and sidewalks, or areas dedicated
to or commonly used for vehicular or pedestrian traffic, Borough storage
facilities, garage areas and Board of Education lands, unless specifically
designated, set aside and reserved therefor by resolution of the Mayor
and Borough Council.
C.
In such manner as to create loud or unnecessary noise so as to unreasonably
disturb or interfere with persons in the peaceful and quiet enjoyment
of their property. To this end, no person shall operate a recreational
motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00
p.m. prevailing time, or sunset, whichever shall first occur.
D.
In a careless, reckless or negligent manner so as to endanger the
safety or property of any person.
[1983 Code § 185-3]
Any person under the age of 18 years who shall violate any of
the provisions of this section shall be deemed to be a juvenile offender.
Any person of the age of 18 years or over who shall violate any of
the provisions of this section shall, upon conviction thereof, be
punished by a fine not to exceed $500 or by imprisonment in the County
Jail for a term not exceeding 90 days, or both.
[1983 Code § 180-1]
No person shall cause, suffer, allow or permit the engine of
a diesel-powered or gasoline-fueled motor vehicle to idle for more
than three consecutive minutes if the vehicle is not in motion, unless
otherwise provided by N.J.S.A. 39:3-70.2.
[1983 Code § 180-2]
Pursuant to authority granted under N.J.S.A. 39:3-70.2, a minimum
penalty in the amount of $250 and a maximum penalty in the amount
of $1,000 per day, per vehicle, shall be imposed.
[1983 Code § 181-1]
It shall be unlawful for any person to park or leave standing
or abandon upon any public or private land or upon the public highways
and streets in the Borough of Pompton Lakes any motor vehicle not
currently in use for transportation and not licensed for the current
license year, or parts of motor vehicles or vehicles so in need of
repair as to render the same incapable of being readily operated under
their own power.
[1983 Code § 181-2]
If any motor vehicle or parts thereof described in Subsection 8-16.1 shall have been left, placed, kept or stored or abandoned on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of said land left, placed, kept, stored or suffered it to be left, placed, kept, stored or abandoned there.
[1983 Code § 181-3]
Whenever it shall appear to the Police Department that Subsection 8-16.1 is being violated and that the land on which this violation exists is privately owned, it shall, in writing, notify the owner or tenant in possession of the land on which the violation exists, and the owner of the motor vehicle, if he can be ascertained, to abate the violation within 15 days after receipt by such owner or tenant or owner of said vehicle of said written notice. This notice may be served personally upon the owner or tenant or owner of the vehicle or may be directed to him by certified mail. Vehicles on private property without permission of the property owner shall be subject to N.J.S.A. 39:4-56.6.
[1983 Code § 181-4]
This section shall not apply to lawfully operated junkyards
or lawfully operated repair shops.
[1983 Code § 181-5]
[1983 Code § 181-6]
As used in this section:
A properly licensed vehicle shall be licensed for the current
license year, including current and proper registration through the
New Jersey Motor Vehicle Commission; have properly displayed license
plates as required by Title 39, Motor Vehicle Traffic Regulations,
of the New Jersey Statutes; and have proper automobile insurance as
required by New Jersey State Law.
The Police Department of the Borough of Pompton Lakes.
[1983 Code § 181-7]
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction, be subject to a fine not exceeding
$500 or imprisonment in the County Jail not exceeding 90 days, or
both.
[1983 Code § 148-8C(7); amended 7-17-2019 by Ord. No. 19-21]
It shall be unlawful for an owner, occupant or operator to park
a motor vehicle on a lawn or other unimproved surface. All motor vehicles
shall park on an improved surface, either paved by asphalt, concrete,
or other similar type material if approved by the Borough.
It shall be unlawful for any owner, occupant or operator to
park any commercially registered vehicle, including but not limited
to trailers, on any street, road, drive, court or other thoroughfare
in the Borough of Pompton Lakes, between the hours of 9:00 p.m. and
6:00 a.m. unless said owner, occupant or operator is performing services
for an adjacent property while parked or for any emergency or public
utility vehicle.
[Ord. No. 2014-29]
In accordance with applicable State Statutes, the following
is a list of school zones which are hereby designated as such by the
Borough of Pompton Lakes.
B.
Crosswalks:
1.
Colfax Avenue and Legion Street.
2.
Lenox Avenue (mid block crosswalk between Ramapo Avenue and Wanaque
Avenue).
3.
Lincoln Avenue and Pequannock Avenue.
4.
Lincoln Avenue and Riverdale Road.
5.
Lincoln Avenue and Riverview Road.
6.
Ramapo Avenue and Corning Avenue.
7.
Ramapo Avenue and Hamburg Turnpike.
8.
Ramapo Avenue and Lakeside Avenue.
9.
Ramapo Avenue and Lenox Avenue.
10.
Ramapo Avenue and Pequannock Avenue.
11.
Van Avenue and Lakeside Avenue.
12.
Van Avenue and Lenox Avenue.
13.
Wanaque Avenue and Cannonball Road.
14.
Wanaque Avenue and Lenox Avenue.
15.
Willard Street and Ringwood Avenue.
[Ord. No. 2014-29]
The Enhanced Penalty School Zone maps are hereby approved and
adopted as official findings of the Borough and record the locations
and areas within the Borough of property used for school purposes
which are owned by or leased to the aforementioned educational facilities
and the areas on or within 1,000 feet of such school related property.
The maps as designated below are attached hereto and made a part hereof.
A.
School Map Areas within 1,000 feet, School Location Map, H2M Architects
and Engineers, Project BPLK 1405, Jeffrey C. Marsden, PE, dated July
24, 2014, revision 1 August 21, 2014.
B.
School Map Areas within 1,000 feet, Hershfield Park (Board of Education),
H2M Architects and Engineers, Project BPLK 1405, Jeffrey C. Marsden,
PE, dated July 24, 2014, revision 1 August 21, 2014.
C.
School Map Areas within 1,000 feet, Lenox Elementary School and High
School, H2M Architects and Engineers, Project BPLK 1405, Jeffrey C.
Marsden, PE, dated July 24, 2014, revision 1 August 21, 2014.
D.
School Map Areas within 1,000 feet, Lakeside Middle School, H2M Architects
and Engineers, Project BPLK 1405, Jeffrey C. Marsden, PE, dated July
24, 2014, revision 1 August 21, 2014.
E.
School Map Areas within 1,000 feet, Lincoln Elementary School, H2M
Architects and Engineers, Project BPLK 1405, Jeffrey C. Marsden, PE,
dated July 24, 2014.
F.
School Map Areas within 1,000 feet, St. Mary's School, H2M Architects
and Engineers, Project BPLK 1405, Jeffrey C. Marsden, PE, dated July
24, 2014, revision 1 August 21, 2014.
G.
School Map Areas within 1,000 feet, The Windsor School, H2M Architects
and Engineers, Project BPLK 1405, Jeffrey C. Marsden, PE, dated July
24, 2014, revision 1 August 21, 2014.
[Ord. No. 2014-29]
The Maps and locations, including crosswalk locations, approved
and adopted pursuant to this Ordinance constitute an official finding
and record of locations and boundaries of areas within 1,000 feet
of school property used for school purposes which is owned by or leased
to the referenced educational facilities for educational purposes
and the locations of school crosswalks, until such time as same may
be amended by further ordinance to reflect any additions, deletions,
alterations or modifications with respect to such enhanced penalty
school zones. The locations set forth shall continue to constitute
an official finding and record of enhanced penalty school zones unless
amended or altered by future ordinance.
[Ord. No. 2014-29]
The School Board and the Superintendent of Schools for the Borough,
and the proprietors of all private school institutions included herein,
are directed and have a continuing obligation to notify the Borough
Clerk of any changes or contemplated changes in the use, locations
or boundaries of school property used for educational purposes. The
Chief of Police is directed and has a continuing obligation to notify
the Borough Clerk of any changes or contemplated changes in the use
or locations of school crosswalks.
[Ord. No. 2014-29]
The Borough Clerk shall receive, maintain and make available
for review the original maps approved and adopted by this section
and as same may be amended in the future. A true copy of same shall
be provided on request and at a cost to be determined by the Borough
Engineer for reproduction. Such responses for true copies shall be
accompanied by a Certification of the Clerk that they are true copies.
A true copy of the section and amendments thereto and the maps approved
and adopted shall be provided without cost by the Borough Clerk to
the Passaic County Clerk and the Passaic County Prosecutor.
[Ord. No. 2014-29]
A.
The approved and adopted maps and the list of school facilities and
crosswalks set forth herein have been prepared for and are intended
to be used as evidence in prosecutions under the traffic statutes
of the State where same are required or permitted by statute and shall
constitute prima facie evidence of the following:
1.
The location of each educational facility in the Borough.
2.
The boundaries of the educational facility property.
3.
That the property is and continues to be used for school purposes.
4.
The location and boundaries of areas which are within 1,000 feet
of the listed school properties.
5.
The location of crosswalks.
B.
A Prosecutor is not precluded from introducing or relying upon any
other evidence or testimony to establish a violation of offenses defined
by State statute, including the use of a map or diagram other than
those adopted and approved pursuant to this section. Any failure of
the maps or locations approved herein to depict the location and boundaries
of any property used for school related purposes and which is owned
by or leased to any school or school board or private educational
entity, whether the absence of such depiction is the result of inadvertent
omission or the result of changes in locations and boundaries not
yet incorporated as approved locations and boundaries by further ordinance,
shall not be deemed to be an official finding or record that such
property is not owned by or leased to a school or school board or
a private educational entity or used for school purposes.
[Ord. No. 2016-34]
A.
No person or other entity shall leave a basketball stand, basketball
backboard or basketball net, whether any of same are portable or fixed,
or other athletic equipment or athletic apparatus for the playing
of basketball on any Borough street, sidewalk or right-of-way or on
private property in the vicinity of a Borough street, sidewalk or
right-of-way such that the use of the equipment or apparatus will
encroach into or about a Borough street or right-of-way.
B.
No person or other entity shall place, deposit, fix or allow to remain
on any utility pole located on any Borough sidewalk, adjacent to any
Borough street, on any Borough right-of-way or adjacent to any of
same, any article, equipment or apparatus, including but not limited
to basketball hoops, nets or baskets, or other recreational or sports
equipment or apparatus.
C.
There shall be a rebuttable presumption under this section that the
person or entity in control of the private property on which the equipment
or apparatus is located or the property contiguous to or closest to
the equipment or apparatus, if not contiguous, is the person or entity
to have violated this section.
[Ord. No. 2016-34]
Any person or entity violating the provisions of this section
shall be subject to a warning for a first violation; a fine of $100
for a second violation; and a fine of $250 and a period of community
service, in the discretion of the Court, not to exceed 30 days for
a third or subsequent violation.
