[1982 Code § 3-2.1; Ord. 8/28/91 § 1A]
As used in this section:
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly.
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any court or otherwise.
Shall mean any place to which the public has access and shall
include any street, sidewalk or transportation stop. It shall also
include the front or the neighborhood of any store, shop, restaurant,
tavern or other place of business, and public grounds areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section, or in the case of a minor, not owned or under the control
of his parent or guardian.
[1982 Code § 3-2.2; Ord. 8/28/91 § 2c]
No person shall loiter in a public place in such a manner as
to:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public place as defined in subsection 3-1.1. This paragraph shall include the making of remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[1982 Code § 3-2.3]
Whenever any Law Enforcement Officer shall, in the exercise of reasonable judgment, find that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-1.2, he may, if he deems it necessary, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Law Enforcement Officer shall be guilty of a violation of this section.
[1982 Code §§ 3-2.4 — 3-2.6]
a.
Parental Responsibility. No parent or guardian of a minor under the
age of 18 years shall knowingly permit that minor to loiter in violation
of this section.
b.
Notice of Violation. Whenever any minor under the age of 18 years
is charged with a violation of this section, his parent or guardian
shall be notified of this fact by a Law Enforcement Officer or any
other person designated by him to give such notice.
c.
Presumption. If at any time within 120 days following the giving
of notice as provided in paragraph b above, the minor to whom such
notice relates again violates this section, it shall be presumed in
the absence of evidence to the contrary that the minor did so with
the knowledge and permission of his parent or guardian.
[1982 Code § 3-3.1]
It shall be unlawful for any minor under the age of 18 years
to be upon any public street or in any public or quasi-public place,
either on foot or in an automobile or any other vehicle in the Borough,
after the hour of 9:30 p.m. and before 5:00 a.m. unless accompanied
by a parent or duly authorized adult custodian having custody or control
of such minor, except as hereinafter provided.
[1982 Code § 3-3.2]
It shall be unlawful for any parent or duly authorized custodian having legal care or custody of such minor under the age of 18 years to allow or permit such minor to be in any public street or public or quasi-public place within the time prohibited in subsection 3-2.1 except in the manner and for the purposes specified in this section.
[1982 Code § 3-3.5]
Should an emergency arise necessitating a minor under the age
of 18 years being dispatched upon an errand requiring his presence
upon a public street or in any public or quasi-public place after
the curfew hour herein established, the minor shall have in his possession
a note signed by a parent or adult person having custody of such minor,
stating the nature of such errand, the necessity therefor, the place
to which the minor is to go, the time such note was issued, the date
of the note and the time required for such errand.
[1982 Code § 3-3.6]
Any Truant Officer, Special Law Enforcement Officer, or Code
Enforcement Officer duly appointed by the Mayor and Council is hereby
authorized and empowered to take into custody any minor who may be
violating the provisions of this section.
Such Officer shall forthwith return the minor to his home, notifying
the parent or person having the legal custody and control of the minor
of the violation of this section and the penalty therefor of a second
or subsequent violation.
[1982 Code § 3-3.7; New]
[1982 Code § 3-10.1]
a.
It is unlawful for a parent, guardian or one charged with the custody
of a minor to knowingly fail to properly supervise the conduct of
any child or ward under the age of 18 years, resulting in an adjudication
that the child or ward is a juvenile delinquent.
b.
For the purpose of this section, juvenile delinquency may be founded
upon the following:
1.
Any violation of N.J.S.A. 24:4-14 (Juvenile Delinquency Definitions)
as administered by the Juvenile and Domestic Relations Court.
2.
Violation of any rule or regulation promulgated by the Division of
Alcoholic Beverage Control.
3.
Violation of any ordinance of the Borough.
4.
A violation of the public peace which shall include the intentional,
willful or malicious defacing, damaging or destroying of public property
or private property of another.
[1982 Code § 3-10.2]
[1982 Code § 3-10.3]
a.
Whenever any parent or guardian is charged with a violation of this section there shall be a rebuttable presumption that he has knowingly failed to properly supervise the conduct of his child or ward if such violation upon which this juvenile delinquency is based occurred within 120 days after notice to the parent that his child or ward has violated an act under subsection 3-3.2b or within 120 days of the child's or ward's being adjudicated a juvenile delinquent.
b.
Sufficient notice to the parent or guardian may be founded upon notice,
either oral or written, from a duly authorized representative of the
Morris County Probation Department or a final determination of a court
of competent jurisdiction.
[1982 Code § 3-10.4]
a.
Whenever any minor under the age of 18 years is charged with a violation of Section 3-1, Loitering, notice shall be given to the parent or guardian, either oral or written, from a Law Enforcement Officer.
b.
If at any time within 120 days following the giving of notice as provided in subsection a., the minor to whom the notice related is again charged with and subsequently convicted of a violation of Section 3-1, Loitering, it shall be presumed in the absence of evidence to the contrary that the minor did so with knowledge, permission or sufferance of his parent or guardian.
[1982 Code § 3-2.2e.]
No person shall bring into, on, or upon any public place, as defined in subsection 3-1.1, or distribute or consume thereon, any beer or intoxicating liquor unless a permit therefor shall have been issued by the Mayor and Council. The permit, if issued, shall be subject to such rules and regulations as the Mayor and Council shall deem necessary and reasonable to preserve and protect the public safety and welfare.
[Ord. 6/24/2003 §§ A — C]
a.
There shall be no smoking at any time in any room, chamber, or portion
of any building owned or being operated by the Borough of Victory
Gardens with the exception of the Firehouse.
1.
There shall be smoking in any portion of the Firehouse at any time
when the public or any portion of the public is in attendance.
b.
There shall be no smoking at any time within 20 feet of the entrance
to any public building owned or being operated by the Borough.
c.
There shall be no smoking in the playground at any time.
[Ord. 6/24/2003 § D]
a.
For the first offense there shall be a fine of not more than $35.
b.
For the second offense and for each and every offense thereafter
there shall be a fine of not less than $100.
c.
For any additional offense there shall be a fine of $250 and/or incarceration
at the Morris County Jail for up to 30 days.
[1982 Code § 3-4.1]
As used in this section.
Shall mean any two or more persons gathered together and
acting in a boisterous, noisy, riotous, offensive, disorderly or threatening
manner toward each other or others, or committing any act or acts
which in any way breach or disturb the peace or tend to breach or
disturb the peace.
Shall mean any building or structure or any part thereof
which is used for gambling or which is frequented by prostitutes,
criminals, gamblers, vagrants or persons violating the law or in which
the law is habitually violated.
Shall mean any building or structure or any part thereof
in which prostitution, lewdness or other unlawful sexual acts are
permitted.
[1982 Code § 3-4.2]
No person shall be intoxicated or drunk or disorderly in any
saloon, tavern, theater, public omnibus, sidewalk, street, or any
public place or in any hotel, boarding house, store, restaurant, railroad
station, or other quasi-public place, within the limits of the Borough.
[1982 Code § 3-4.3]
No person shall engage in any riot, public disturbance or disorderly
assemblage.
[1982 Code § 3-4.4]
No person shall loiter, lounge or sleep in any street, schoolhouse,
community house, store, theater or place of amusement, park or other
quasi-place or quasi-public place; or make offensive remarks in public
or quasi-public place, to or about any person passing along, through
or over any street, park or other public or quasi-public place; or
obstruct or interfere with any person lawfully being in or upon any
street, park or other public or quasi-public place.
[1982 Code § 3-4.5]
No person shall willfully obstruct, molest, hinder, annoy, frighten,
threaten, insult or interfere with any other person lawfully upon
any public thoroughfare or in any public place or in any automobile,
bus or other public or private conveyance lawfully upon any public
thoroughfare. Nor shall any person loiter upon any public thoroughfare
or in any public place or in any automobile, bus or other public or
private conveyance upon public thoroughfare. Nor shall any person
trespass upon the property of another without permission of the owner,
occupant or lessee.
[1982 Code § 3-4.6]
All other riotous conduct, indecent conduct, breaches of the
peace, vagrancy and prostitution not herein mentioned are hereby prohibited
within the Borough.
[1982 Code § 3-4.7]
No person shall sell or offer to sell any lewd or indecent picture,
book, device or thing or exhibit or perform or cause to be exhibited
or performed, any lewd, immoral or indecent dance, show, play or other
presentation.
[1982 Code § 3-4.8]
No person shall by word, act, sign or other device, invite,
solicit or aid or abet in inviting or soliciting, unlawful sexual
intercourse or any other unlawful, lewd, indecent or lascivious act.
[1982 Code § 3-4.9]
All acts constituting lewd, immoral or indecent conduct, unlawful
destruction of property, willful injuries to or unlawful interference
with persons, hazards to the public health and breaches or disturbances
of the peace not expressly hereinbefore mentioned are severely prohibited.
[1982 Code § 3-4.10]
No person shall appear in any street or public place in a state
of nudity, or in any indecent or lewd dress, or shall make any indecent
exposure of his person, or be guilty of exhibiting or selling or offering
for sale any lewd or indecent book, picture or thing, or shall exhibit
or perform any indecent, immoral or lewd thing, or other representation,
or behave in a lewd or indecent manner.
[1982 Code § 3-4.11]
No person shall write or cause to be written any lewd, indecent
or obscene word or words, mark or marks whatsoever, or draw, or cause
to be drawn any lewd, indecent or obscene figure upon any house, building,
wall, fence or other place in the Borough.
[1982 Code § 3-4.12]
No person shall, within the limits of the Borough, disrobe in
any automobile, truck or vehicle while the same is upon any public
parking place, street, public park or other public place.
[1982 Code § 3-4.13]
No person shall, within the limits of the Borough, bathe in
a state of nudity, swim in a state of nudity, or be found in a state
of nudity in the waters of any pond, stream, or lake, or in waters
adjacent thereto.
[1982 Code § 3-4.14]
No person shall intentionally and willfully look into any window,
door or other opening of any house or building with the intention
of looking at or watching any person partially or completely disrobed
therein, or engage in the practice of what is commonly known as a
Peeping Tom.
[1982 Code § 3-4.15]
No person shall within the limits of the Borough permit any
house, shop, store or other building owned or occupied by him to be
frequented or resorted to by noisy, riotous or disorderly persons,
or by prostitutes, gamblers or vagrants.
[1982 Code § 3-4.16]
No person shall, within the limits of the Borough, keep or maintain
a disorderly house or a house of ill fame, or allow or permit any
house, shop, store or other building or structure, owned or occupied
by him or her to be used as a disorderly house or house of ill fame.
[1982 Code § 3-4.17]
No person shall disturb the exercises of any school or molest
or give annoyance to children attending such school or any teacher
or school bus driver therein.
[1982 Code § 3-4.18]
No person shall within the limits of the Borough go about from
door to door or place himself on any sidewalks, street or other public
places to beg or gather alms unless person shall first register with
the Borough Clerk and unless the person shall have a permit from the
proper authorities if the permit is required by law.
[1982 Code § 3-4.19]
No person shall set up, keep and maintain or permit to be set
up, kept or maintained in any house or premises, any faro table, faro
bank, roulette wheel, or other device or game of chance for the purpose
of gaming, or any cock-pit, or other place for animals to fight, nor
shall any person hold or permit to be held in any house or premises,
any dog fight, cock fight or any sparring contest for a purse or money
prize or other prize of value unless permitted by law.
[1982 Code § 3-4.20]
No person shall, within the limits of the Borough, deal, play
or engage in faro, roulette, lottery, numbers games, cards, dice or
other games of chance, either as banker, player, dealer, stakeholder
or otherwise for the purpose of gaming or gambling for money or other
valuable thing unless permitted by law.
[1982 Code § 3-4.21]
No person shall play for money or other valuable thing with
any slot machine or device in the nature of a slot machine or with
any other instrument, engine, apparatus or device of chance; and no
person shall have or keep in his place of business or other premises
any slot machine or device in the nature of a slot machine or any
other instrument, engine, apparatus or device of chance which may
be used for the purposes of playing for money or other valuable thing,
unless permitted by law.
[1982 Code § 3-4.22]
No person shall within the limits of the Borough maliciously
destroy, damage, deface or injure any property, public or private,
or injure any of the wires, posts, machines, bells, sirens, boxes,
locks or other apparatus of any police call system or fire alarm system.
[1982 Code § 3-4.23]
No person shall conduct himself in or about the Borough having
concealed upon himself any pick-lock, key, crow, jack, bit or other
implement with an intent to break or enter into any building or shall
have upon him any pistol, hanger, cutlass, bludgeon or other offensive
or dangerous weapon. No person shall be apprehended having upon him,
whether concealed or not, any of the foregoing articles or things
with the intent of committing any unlawful act. No person shall be
found in or near any dwelling, house, warehouse, stable, barn, garage
or any place of public resort or assemblage for business, worship
or amusement or other lawful purpose with intent to steal any goods
or chattels; provided, however, that this section shall not prevent
any person authorized under certain statutes of this State to carry
proper weapons of defense for the performance of his duty.[1] Possession of any of the foregoing articles on public
thoroughfare shall be prima facie evidence of such intent.
[1982 Code § 3-4.24]
No person shall:
a.
Mutilate or move any notice or damage, destroy or remove any warning
sign or signal or remove any barricade placed or posted on any street
in connection with or relating to the closing of any street.
b.
Drive any vehicle over or upon the closed portion of any street.
c.
Violate any rule or regulation for the use of any street.
[1982 Code § 3-4.25]
No person shall willfully and maliciously give or cause to be
given a false alarm of fire in any manner or a false or fictitious
emergency call, nor shall any person willfully and maliciously make
a false or fictitious report to any Law Enforcement Officer or member
of the Fire Department in any manner nor shall any person willfully
and maliciously represent himself in any telephone conversation to
be another person or a fictitious person.
[1982 Code § 3-4.26]
No person shall injure, or damage any lights, wires, poles or
fixtures lawfully in or upon any street or other public place.
[1982 Code § 3-4.27]
No person shall within the limits of the Borough throw or discard
any tin cans, bottles, garbage or refuse of any kind whatsoever on
any public street or park, or discharge any sewerage or waste into
any public street.
[1982 Code § 3-4.28]
No person shall throw any stone, brick, glass, metal or other
hard or offensive substance or shoot any revolver, pistol, gun, air
gun, slingshot or other device at, into or upon any street or other
public or quasi-public place or into any cars, vehicles or private
property not his own.
[1982 Code § 3-4.29]
No person shall unnecessarily obstruct any sidewalk, street,
or public place in the Borough with any kind of vehicle, boxes, lumber,
wood, or any other thing; but the provisions of this section shall
not prevent persons who are building from temporarily occupying such
portion of the sidewalk, street, or public place where a building
permit has been properly issued for the construction of a building.
[1982 Code § 3-4.30]
No person shall, during an alarm of fire, willfully hinder,
prevent or deter in any manner or by any device whatsoever, any firefighter
or other persons from rendering lawful assistance in abating or quelling
such fire or willfully hinder or interfere with any firefighter from
going to or returning from the place where any building or other property
is on fire, or from which an alarm proceeds; nor shall any person
hinder or obstruct the passage of any fire engine, hook and ladder
truck, or any fire apparatus in going to or from the place from which
an alarm of fire proceeds or where any building or other property
may be burning.
[1982 Code § 3-4.31]
No person shall interfere with, hinder, disturb or obstruct
the proceedings, functions or deliberation of any public or official
body of the Borough.
[1982 Code § 3-4.32]
No person shall hinder or obstruct any Officer of the Law including
the Code Enforcement Officer in the performance of his duties, willfully
refuse or neglect to assist any Officer of the Law when lawfully called
upon by him to do so in the execution of any process or in the suppression
of any breach of the peace or disorderly conduct; or in the case of
an escape, or when such Officer is resisted in the discharge of his
duty. No person shall knowingly resist or oppose any Officer or person
authorized by law in serving or attempting to serve any writ, bill,
order or process or when lawfully making an arrest.
[1982 Code § 3-4.34]
No person shall willfully engage in any fight, assault, quarrel,
brawl, battery or altercation; nor shall any person participate or
incite by overt acts or act any disturbance or riot, or any unruly
boisterous, noisy, unlawful or disorderly assemblage constituting
a breach or disturbance of the peace.
[1982 Code § 3-4.36]
No person shall make or ignite or cause to be made or ignited
any fire; or burn, or cause to burn any refuse, debris, material or
substance or combination of same, either within or without any building
or within or without any receptacle within the Borough whereby the
smoke fumes, odors, vapors, ashes, soot or particles of matter, combustible
or noncombustible are emitted or permitted or cause to be emitted
or permitted to blow, flow, or fall upon or over property not his
own to the annoyance or discomfort of any person or to the detriment
of the life or health or safety or comfort of any person.
[Ord. 5/22/07]
Except as provided by New Jersey State law, no retail or commercial
establishment shall be open to the public for business except during
the hours of 5:00 a.m. and 11:00 p.m.
Prior ordinance history includes portions of 1982 Code §§ 3-4.33,
3-4.37.
[Ord. 10-23-07]
Excessive sound is a serious hazard to the public health, welfare,
safety and the quality of life.
A substantial body of science and technology exists by which
excessive sound may be substantially abated.
The populace of the Borough of Victor Gardens, Morris County,
New Jersey have a right to, and should be ensured of, an environment
free from excessive noise.
It is the policy of the Borough of Victory Gardens, Morris County,
New Jersey to prevent excessive noise that may jeopardize the health,
welfare or safety of its residents, or degrade the quality of life.
This section shall apply to the control of noise originating
from sources within the Borough of Victory Gardens.
[Ord. No. 10-23-07]
a.
No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety or others.
b.
No person on property owned by him or her or under lease or other
arrangements shall allow or give permission to any person on the property
to utter or make loud, unnecessary or unusual noises or any noise
which either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of others.
[Ord. No. 10-23-07]
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Noncommercial or nonindustrial power tools and landscaping and yard
maintenance equipment shall not be operated between the hours of 8:00
p.m. and 8:00 a.m. All motorized equipment used in these activities
shall be operated with a muffler.
b.
Commercial or industrial power tools and landscaping and yard maintenance
equipment, excluding emergency work, shall not be operated on a residential
property or within 250 feet of a residential property line when operated
on commercial or industrial 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 holidays. All motorized equipment used in these
activities shall be operated with a muffler.
c.
Construction and demolition activity, excluding emergency work shall
not be performed 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 and holidays.
All motorized equipment used in construction and demolition activity
shall be operate with a muffler.
d.
Motorized snowblowers, snow throwers, and lawn equipment with attached
snowplows shall be operated at all times with a muffler.
e.
An exterior burglar alarm of a building or motor vehicles 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
impulsive sound after it has been activated.
f.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a residential property line between the hours of 10:00 p.m. and
8:00 a.m.
g.
Personal vehicular music amplification equipment shall not be operated
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.
h.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment 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 10:00 p.m. and 8:00 a.m., sound from such equipment shall
not be plainly audible by any person other than the operator.
i.
No person shall make, continue or cause to be made or continued any
loud, unnecessary or unusual noise or any noise which does or is likely
to annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of others.
j.
No person shall harbor an animal which causes noise (barking) which
endangers the comforts, repose, health, peace or safety of others
unless making and continuing of same be necessary for the protection
or preservation of property or the health and safety of others.
k.
No person shall unnecessarily use the horn or other warning device
of any vehicle so as to cause the horn or other warning device to
emit an unreasonably loud sound; nor shall any person break traction
or cause the motor of any motor vehicle to backfire or the tires to
screech.
l.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy from any person
for injury or damage arising from any violation of this chapter or
from other law.
m.
No person shall operate or cause to be operated any sound truck in
the Borough for commercial advertising purposes with sound-amplifying
equipment in operation, excepting mobile amusement devices, unless
a license has been obtained from the Borough Clerk. The fee for such
a license shall be $50.
1.
Persons applying for the license required under this section shall
file with the Borough Clerk an application in writing giving in the
application the following information:
(a)
The name and home address of the applicant.
(b)
The address of the place of business of the applicant.
(c)
The license number of the sound truck to be used by the applicant.
(d)
The name and address of the person who owns the sound truck.
(e)
The name and address of the person having direct charge of the
sound truck.
(f)
The names and addresses of all persons who will use or operate
the sound truck.
(g)
The purpose for which the sound truck will be used.
(h)
The proposed hours of operation of the sound truck.
(i)
The number of days of proposed operation of the sound truck.
(j)
A general description of the sound amplifying equipment to be
used.
2.
The only sounds permitted shall be music or human speech.
3.
Operations shall be permitted for four hours each day, except on
Sunday and legal holidays when no operations shall be authorized.
The permitted four hours of operation shall be between the hours of
11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30
p.m.
4.
Sound amplifying equipment shall not be operated unless the sound
truck upon which such equipment is mounted is operated at a speed
of at least 10 miles per hour and no more than 15 miles per hour except
when said vehicle is stopped or impeded by traffic conditions. Where
stopping in traffic, the sound amplifying equipment shall not be operated
for longer than one minute at each stop.
n.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than $100 for first
offense; $250 for the second offense and $500 for each additional
offense.
[Amended in entirety 2-9-2021 by Ord. No. 2-9-21. Prior history includes Ord. 5-11-88.]
[Amended 2-9-2021 by Ord.
No. 2-9-21]
This section establishes requirements to control littering in
the Borough of Victory Gardens, so as to protect public health, safety
and welfare and to prescribe penalties for the failure to comply.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
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 or cigar or butt of same, any 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.
A container suitable for the depositing of litter.
Individual, corporation, company, partnership, firm, association,
or political subdivision of this State subject to municipal jurisdiction.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat I violation of this ordinance, the operator or owner,
or both, of the motor vehicle or boar shall also be deemed to have
violated this section.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
Litter receptacles and their servicing of same are required
at the following public places which exist in the Borough including;
sidewalks used by pedestrians in active retail commercially zoned
areas. The proprietors of these places shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right of way, any household or commercial
solid waste, rubbish, refuse, junk vehicle or vehicle parts, rubber
tires, appliances, furniture or private property in any place not
specifically designated for the purpose os solid waste storage or
disposal.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his property.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
This section shall be enforced by the Code Enforcement Officer
or Property Maintenance Officer and such other person(s) as the governing
body shall designate from time to time.
[Amended 2-9-2021 by Ord.
No. 2-9-21]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $100 for
the first offense and not to exceed $250 for each successive violation.
[Ord. 5-11-88 § 9]
It shall be unlawful for any owner, agent, or contractor in
charge of a construction or demolition site to permit the accumulation
of litter before, during or after completion of any construction or
demolition project. It shall be the duty of the owner, agent or contractor
in charge of a construction site to furnish containers adequate to
accommodate flyable or non-flyable debris or trash at areas convenient
to construction areas, and to maintain and empty the receptacles in
such a manner and with such a frequency as to prevent spillage of
refuse.
[1982 Code § 3-5.1]
It shall be unlawful for any owner, occupant or any other person
residing in or having possession or control over real estate in the
Borough to openly store or allow the open storage of one or more unlicensed
or unregistered motor vehicles or the used parts of any motor vehicle
or material which has been part of any motor vehicle on the real estate
in the Borough.
[1982 Code § 3-5.2]
It shall be unlawful for any owner, occupant or any other person
residing in or having possession of or control over real estate in
the Borough to sell or allow the sale of motor vehicles or the used
parts of any motor vehicles or material which has been part of any
motor vehicles for profit, personal gain or in any manner which can
be considered or interpreted to be a business on real estate in the
Borough.
[1982 Code § 3-5.3]
It shall be unlawful for any owner, occupant or any other person
residing in or having possession of or control over real estate in
the Borough to repair or allow to be repaired any motor vehicle or
the used parts of any motor vehicle for profit, personal gain or in
any manner which may be considered or interpreted to be a business
on real estate in the Borough.
[1982 Code § 3-5.4]
It shall be unlawful for any person to store or allow to be
stored any unlicensed or unregistered vehicle on the public streets
within the Borough.
[1982 Code § 3-5.5]
It shall be unlawful for any person to repair or allow to be
repaired any motor vehicle on the streets within the Borough except
in emergencies where minor repairs or temporary measures can be made
without impeding the normal flow of traffic.
[1982 Code § 3-5.6]
This section shall be enforced by all duly appointed public
authorities of the Borough, including, but not limited to, the Law
Enforcement Officers, the Board of Health, the Construction Official,
and the Code Enforcement Officer or on a legally documented complaint
signed by any resident of the Borough.
[1982 Code § 3-6.1]
It shall be unlawful to operate any type of unlicensed motor
vehicle or conveyance, including but not limited to two-wheel motor-driven
vehicles known as mini-bicycles, trail bicycles, motor scooters, four
wheeled motor driven vehicles known as go-carts and snowmobiles on
any public street or upon any public sidewalk, driveway, schoolground,
recreation area or playground in the Borough.
[1982 Code § 3-6.2]
It shall be unlawful to operate any of the aforementioned motor-driven vehicles identified in subsection 3-17.1 on the private property of any Borough resident without the express consent of the owner or occupant of that property.
[1982 Code § 3-6.3]
It shall be unlawful to operate any of the aforementioned motor vehicles identified in subsection 3-17.1 in a manner that creates loud, unnecessary or unusual noise so as to disturb the peace and tranquility of others in the Borough.
[1982 Code § 3-6.4]
It shall be unlawful to operate any of the aforementioned motor vehicles identified in subsection 3-17.1 in a careless, reckless or negligent manner which would endanger the safety of any person or damage any property in the Borough.
[1982 Code § 3-6.5]
Any unlicensed motor driven vehicles found operated in any prohibited
area herein specified or operated in an unlawful manner shall be immediately
impounded by the Borough. The unlicensed vehicle shall be returned
upon payment of a fine or in the discretion of the Judge of the Municipal
Court.
[1982 Code § 3-9.1]
No person shall hunt with firearms or bow and arrow nor discharge
any gun, cannon, pistol or firearm of any description, or air gun,
at any time, within the boundaries of the Borough.
[1982 Code § 3-9.2]
This section shall not apply to Law Enforcement Officers while
engaged in the performance of their duties.
[1982 Code § 3-8.1]
As used in this section:
Shall mean the Borough of Victory Gardens.
Shall mean any rolling or non-rolling basket or container
commonly used in so-called supermarkets and self-service stores.
Shall mean the Code Enforcement Officer of the Borough or
his duly authorized agent or representative.
Shall mean and include any cart.
[1982 Code § 3-8.2]
It shall be unlawful for any person to leave or abandon or suffer
or permit to be abandoned any cart whether owned by them or in their
possession, custody or control upon any public street, sidewalk, driveway
or any other public property in the Borough.
[1982 Code § 3-8.3]
Any cart provided or made available for use by any person shall
have securely attached thereto a plainly visible plastic or metal
identification tag at least 3 1/2 inches by five inches in size
or any other form of identification acceptable to the Borough provided
the form of identification consists of each cart containing a distinctive
marking making the ownership of the cart readily ascertainable by
observation. The number of the cart, the name and address of the owner
and location of the premises where it is actually available for use
shall be legibly printed on the identification tag. Duplicate tag
numbers shall be avoided. Non-compliance with this section shall not
be considered a violation unless the cart shall be upon any public
street, sidewalk, driveway or any other property in this Borough.
[1982 Code § 3-8.4]
The Code Enforcement Officer is authorized to remove or cause
to be removed and impounded any cart found abandoned or left in any
of the prohibited areas described herein and deliver it to any Borough
owned storage facility available for such purposes. Within five days
after the removal of the cart, the Code Enforcement Officer shall
personally or by ordinary mail notify the owner thereof that the impounded
cart may be redeemed for the sum of $5 within five days of the notice
for redemption. Where any such property remains unclaimed or unredeemed
for a period of five days beyond the date fixed for the redemption,
or if an impounded cart has no identification and is not claimed within
10 days after the impounding, the Code Enforcement Officer shall give
at least five days public notice to a newspaper circulating in the
Borough fixing a place, date, time and terms of a public sale to the
highest bidder for such property.
[1982 Code § 3-8.5]
Where any such property shall remain unsold at public sale,
the Code Enforcement Officer may dismantle or otherwise sell or dispose
of such property. Any public sale or disposition of property pursuant
to this section shall be without liability on the part of the Borough
to the owner of such property or other person having an interest therein.
