Editor's Note: For regulations concerning public assemblies and mass gatherings, see Chapter 4.
[Ord. No. 3-1991 § 1]
No person shall litter, dump, throw, drop, discard, dispose of or accumulate or place the following:
Any refuse, rubbish, debris, garbage, trash or other waste material or litter (including, without limitation, paper, bottles and cans) including 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 of any bottle, jar, or can, or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, oil, carcasses of dead animals or noxious or offensive matter or materials of any kind, including any object likely to injure any person or create a traffic of mining or other extraction processes, logging, sawmilling, farming or permitted agricultural uses or manufacturing) upon public or private property other than in a litter or properly designated receptacle in any section or area of the Township (except in otherwise designated areas and as set forth and permitted by the Township Committee). Dumping or disposal or accumulation of any of the aforementioned items is not only prohibited in any area or section of the Township (except as otherwise designated by the Township Committee or by other appropriate ordinance and/or regulation or law), but no person shall dump, dispose of, or accumulate any of the aforementioned items in or upon any waterways, streams and wetlands in the Township.
[Ord. No. 3-1991 § 2]
Use and maintenance of any area for litter and dumping or disposing of or accumulating litter, refuse, garbage, or any debris or waste materials as hereinbefore set forth other than as designated and permitted herein or by appropriate Township ordinance or Township official is hereby deemed and declared to be a detriment to the public health, safety and welfare and a nuisance.
[Ord. No. 3-1991 § 3]
It shall be unlawful for any person to cast, throw, sweep, sift or deposit in any manner in or upon any street or road, public way or other public place in the Township or any stream, public water, drain, sewer or receiving basin (detention or retention) or marsh or wetlands area within the Township any kind of rubbish, waste article, thing or substance, whether liquid or solid, and as set forth in Subsection 3-1.1 nor shall any person cast, throw, sweep, sift or deposit in any manner any of the aforementioned items hereinbefore set forth within the Township in such a way that same may be carried or deposited in whole or in part by the action of the elements, including the sun, wind, rain or snow or the flow of water into any of the aforementioned places.
a. 
Illegal Dumping. It is unlawful for any person to discard or dump along any street, or any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal by ordinance or law or part of a permitted use and activity of the owner of the property.
b. 
Containerization of Sweepings. No person shall be permitted to sweep into or deposit in any gutter, street, catch basin or other public place accumulation of litter. Every person who owns or occupies property must keep the sidewalk in front of the premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
c. 
Waste Disposal Bins. It is unlawful for any residential or commercial or industrial property owner or any other person to use or permit open or overflowing waste disposal bins or containers on their property.
d. 
Construction Sites. It is unlawful for any owner, agent, or contractor or person in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It is 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.
[Ord. No. 3-1991 § 4]
This section shall not apply to everyday customs and uses involved in agriculture and farming or the use of land for permitted agricultural and farming purposes by the persons, owners and legal occupants and users of the land.
[Ord. No. 3-1991 § 5]
This section may be enforced by the Code Enforcement Official, the Construction Department, Construction Official or the Zoning Official or others that may be authorized pursuant to law, including any law enforcement authorities.
[Ord. No. 3-1991 § 6; Ord. No. 112-03]
Any person found to be violating any provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[1977 Code § 69; Ord. No. 3-89; Ord. No. 31-97]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about April, 1997 by Glenn Gerken, P.E., Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property used for school purposes and owned by or leased to any elementary or secondary school or School Board, and of the areas on or within 1,000 feet of such school property.
[1977 Code § 69-2; Ord. No. 3-89; Ord. No. 31-97 § 2]
The Drug-Free School Zone Map approved and adopted pursuant to Subsection 3-2.1 shall constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of any property owned by or leased to any elementary or secondary school or School Board that is used for school-related purposes until such time that this section may be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[1977 Code § 69-3; Ord. No. 3-89; Ord. No. 31-97 § 3]
The School Board or the chief administrative official in the case of any private or parochial school is hereby directed and shall have the continuing obligation to notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and used for school purposes.
[1977 Code § 69-4; Ord. No. 3-89; Ord. No. 31-97 § 4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to Subsection 3-2.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that the copy is a true copy of the map approved and adopted herein and kept on file in the Township Clerk's office. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the Monmouth County Clerk and to the Office of the Monmouth County Prosecutor.
[1977 Code § 69-5; Ord. No. 3-89; Ord. No. 31-97 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-2.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes, and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.
c. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-2.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or released to any elementary school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. No. 67-00, Preamble]
N.J.S.A. 52C:35-7.1 requires that municipalities produce and maintain a map for the purpose of depicting the location and boundaries of the areas on, or within, 500 feet of any real property comprising a public housing facility, a public park or a public building; and N.J.S.A. 2C:35-7.1 further requires that the Township Committee adopt an ordinance approving such map as an official finding and record of the location and boundaries of the area or areas on or within 500 feet of any real property comprising a public housing facility, a public park or a public building.
[Ord. No. 67-00 § 1]
THE MAP ENTITLED "DRUG-FREE ZONE MAP
2000," Township of Upper Freehold, County of Monmouth, produced by the Township Engineer, Bay Points Engineering Associates, and certified as accurate according to the certification annexed hereto as Exhibit A,[1] is hereby approved by the Township Committee of the Township of Upper Freehold as the official finding and record of the location and boundaries of the area or areas on or within 500 feet of all real property within the Township of Upper Freehold that comprise a public housing facility, a public park or a public building.
[1]
Editor's Note: A copy of this map is on file in the Office of the Municipal Clerk.
[Ord. No. 67-00 § 2]
The original map approved herein, this ordinance and the Certification annexed hereto as Exhibit A[1] or true copies of these documents shall be forwarded to the Clerk of the County of Monmouth and to the Office of the Monmouth County Prosecutor.
[1]
Editor's Note: A copy of this map is on file in the Office of the Municipal Clerk.
[Ord. No. 165-06 Art. I]
For the purposes of this section, the following words shall be defined as follows:
CONVICTED SEX OFFENDER
Shall mean a person who has been convicted of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offenses that involved a minor, as set forth in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities to N.J.S.A. 2C:7-1 et seq., "Registration and Notification of Release of Certain Offenders."
RESIDENCE
Shall mean the place where a convicted sex offender maintains an address, physically resides, and/or sleeps, which may include more than one location, and may be mobile or transitory.
[Ord. No. 165-06 Art. I]
a. 
No convicted sex offender designated as "tier 3" shall be permitted to live or establish residence within 2,000 feet of the property comprising of a public or nonpublic elementary or secondary schools, child care facilities, parks, playgrounds, all public recreational facilities, and horse farms with formal riding programs for minors in the Township of Upper Freehold.
b. 
No convicted sex offender designated as "tier 2" shall be permitted to live or establish residence within 1,000 feet of the property comprising of a public or nonpublic elementary or secondary schools, child care facilities, parks, playgrounds, all public recreational facilities, and horse farms with formal riding programs for minors in the Township of Upper Freehold.
c. 
No convicted sex offender designated as "tier 1" shall be permitted to live or establish residence within 500 feet of the property comprising of a public or nonpublic elementary or secondary schools, child care facilities, parks, playgrounds, all public recreational facilities, and horse farms with formal riding programs for minors in the Township of Upper Freehold.
d. 
Any convicted sex offender who violates Subsections a, b, or c of this subsection commits a misdemeanor.
[Ord. No. 165-06 Art. I]
a. 
The residency limitations set forth in Subsection 3-4.2 above shall not apply to any convicted sex offenders who have established residence prior to enactment of this section, so long as those convicted sex offenders maintain their residence at that location, as they are not permitted to move from that residence to another location within any restricted zone as described in Subsection 3-4.2 above.
b. 
A "tier 3," "tier 2," or "tier 1" convicted sex offender who establishes residence in violation of Subsection 3-4-2 above, Subsections a, b, and c, respectively, after the enactment of this section shall have 60 days from receipt of a written notice from the Township to move from the residence. Failure to move shall be a violation of this section.
[Ord. No. 165-06 Art. I]
Any individual, partnership, agency, corporation or nonprofit organization that permits, allows, suffers or other otherwise facilitates a "tier 1," "tier 2," or "tier 3" convicted sex offender to reside in or on a property within the designated feet as set forth in Subsection 3-4.2 above from a public or nonpublic elementary or secondary school, a child care facility, park, playground, public recreational facilities, and/or horse farms with formal riding programs for minors shall be liable under this section.
[Ord. No. 165-06 Art. I]
a. 
No convicted sex offender shall be present in or on any public or nonpublic elementary or secondary school, child care facility, park, playground, public recreational facility and/or horse farms with formal riding programs for minors, except that convicted sex offenders, as defined herein, who are the parents and legal guardians of their children may be present at the public or nonpublic elementary or secondary school in which their children are enrolled for lawful, school sanctioned purposes only.
b. 
No convicted sex offender is permitted to knowingly loiter on a public way within 300 feet from a public or nonpublic elementary or secondary school, child care facility, park, playground, public recreational facility, and/or horse farms with formal riding programs for minors.
c. 
If a police officer reasonably believes that a convicted sex offender is in a Township park in violation of this section, the officer shall require the convicted sex offender to provide his/her name, address, and telephone number. If it is established that the convicted sex offender is on the New Jersey Sex Offender Registry, the officer shall notify the convicted sex offender that he/she is in violation of this section.
d. 
Paragraph a above shall only apply to those convicted sex offenders designated "tier 3" and "tier 2" sex offenders, not "tier 1" sex offenders.
e. 
Paragraph b, anti-loitering, shall apply to all convicted sex offenders as defined herein.
[Ord. No. 165-06 Art. I]
a. 
Any convicted sex offender found guilty of violating any provision of this section, except as set forth below, shall be subject to a fine not less than $1,000 nor more than $5,000; imprisonment for a term not to exceed 90 days; and/or a period of community service not to exceed 90 days for each violation.
b. 
Any individual, corporation, agency, partnership or organization convicted of violating Subsection 3-4.4 shall be subject to a fine not to exceed $500 for each violation.
c. 
Any convicted sex offender convicted of violating Subsection 3-4.5 shall be subject to a fine not to exceed $500; and/or imprisonment for a term not to exceed 30 days for each violation.
[1977 Code § 111-1; Ord. No. 16-78]
As used in this section:
MOTOR VEHICLE
Shall mean and include, but is not limited to, minibikes, motor scooters, go-carts, swamp buggies, mopeds and snowmobiles and any other motor-driven vehicle not capable of being registered under Title 39, Motor Vehicles, of the New Jersey Revised Statutes, as amended, except such vehicles as are in such title expressly exempted from registration.
[1977 Code § 111-2; Ord. No. 16-78]
It shall be unlawful for any person to operate or permit and suffer to be operated an unlicensed motor vehicle, as defined herein, within the Township, under the following circumstances:
a. 
On private property of another without the express, prior, written consent of the owner and the occupant of the property.
b. 
On any public grounds or property.
c. 
In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
d. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.
[1977 Code § 111-3; Ord. No. 16-78]
It shall be rebuttably presumed that any person under the age of 18 years who operates a motor vehicle in violation of the terms of this section and who resides with his or her parent(s), guardian(s), or other person(s) having custody of the minor is operating the motor vehicle with the sufferance and permission of the parent(s), guardian(s) or other person(s) having custody.
[1977 Code § 111-4; Ord. No. 16-78]
a. 
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 delinquent and shall be proceeded against as such.
b. 
Any person of the age of 18 years or over who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty established in Chapter 1, § 1-5.
[Ord. No. 112-03]
Games of chance, bingo and raffles are permitted on Sunday if they are approved by the State of New Jersey, Department of Legalized Games of Chance.
[Ord. No. 138-04 § 1]
EMERGENCY SITUATION
Shall mean the use in which there is imminent danger of a collision with property, persons, and/or animals and/or what is necessary for the health, safety, and welfare of the community.
ENGINE-BRAKING
Shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression, or deceleration of any motor vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle.
EXCESSIVELY LOUD
Shall mean audible at a distance of 100 feet from the building, structure, or vehicle in which it is located and shall be prima facie evidence of a violation of this section.
[Ord. No. 138-04 § 2]
It is unlawful for the driver of any motor vehicle to activate or use an internal combustion engine powered vehicle on any posted public ways, including, but not limited to, streets, alleys, easements, or rights-of-way established for vehicle operation within the Township of Upper Freehold, while said vehicle or operator is utilizing an engine brake without an exhaust muffler sufficient to prevent the creation of excessively loud noises, by said vehicle, due to improperly maintained, defective, or modified muffler systems, except when the use of such engine brake is necessary in an emergency situation. This section is not intended to prohibit the passage of vehicles equipped with engine brakes in posted areas, but rather limit the use of such equipment in posted areas under the aforesaid circumstances.
[Ord. No. 138-04 § 3]
a. 
The provisions of this section shall not apply in emergency situations as described herein.
b. 
Noise caused by the application of engine brakes, also known as "compression-braking", which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section.
c. 
Sounds created by emergency equipment for emergency purposes are also exempt.
[Ord. No. 138-04 § 4]
The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of engine-braking in a nonemergency situation.
[Ord. No. 138-04 § 5]
Should any section, subsection, paragraph, sentence, clause or phrase of this section, or its application be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this section or its application to any other person or set of circumstances.
[Ord. No. 138-04 § 6]
a. 
Any person, firm, or corporation violating any provision of this section shall be mandated to a court appearance, fined not less than $50 nor more than $500, and required to pay Court costs and fees for each offense.
b. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 234-09]
a. 
Hours of operation shall be from dawn to dusk Monday through Sunday.
b. 
Parking of motor vehicles shall be in designated areas only and permitted only during the hours of operation each day.
c. 
Driving of any motorized vehicle shall not be permitted on any area of the park other than in designated areas or as may be authorized in writing by the Upper Freehold Township Recreation Director; bicycles shall not be permitted on any athletic field, tennis court, basketball court, playground or field area not shall bicycles be permitted on the walkways and paths unless same are operated to assure the safety of those walking and/or running on said facilities and walking and jogging areas.
d. 
No unlicensed motor vehicles and/or snowmobiles or any type of motorized trail vehicles shall be permitted. Same are strictly prohibited.
e. 
Possession or use of firearms is prohibited; possession or use of paint guns, bow and arrow, cross-bow, BB gun, or any other weapon defined by New Jersey Statutes other than pocket knives are prohibited.
f. 
Horseback riding and horses on site are prohibited.
g. 
Fires are prohibited.
h. 
Possession or use of an alcoholic beverage is prohibited.
i. 
Possession and use of any type of fireworks is prohibited unless a specific permit for same has been issued in accordance with law by Upper Freehold Township.
j. 
All organized activities and events of any kind are prohibited unless specifically authorized herein or by Upper Freehold Township. Without limitation, there shall be no golf or use of golf clubs; no outdoor camping, use of tents or use of the premises overnight and the premises shall not be used for any purpose in conflict with law and/or these rules and regulations and the objectives of Township of Upper Freehold as to the recreational fields and facilities provided and uses permitted.
k. 
No changes or alterations shall be made to the recreational properties herein without specific approval in writing by the Recreation Director of Upper Freehold Township and as may be authorized by Upper Freehold Township.
l. 
If an event requires an employee of Upper Freehold Township to be on site, a fee shall be charged for such services in the discretion of the Recreation Director.
m. 
No person shall willfully injure, deface, displace, remove, destroy or temper with any real and personal property. Littering of any nature is prohibited as is the posting, distribution or placing of any billboard, placard, handbill, circular, advertisement or sign of any nature (unless authorized by Upper Freehold Township). All groups and persons using the facilities are responsible for the cleanup of all areas used; all refuse and trash shall only be disposed in the proper receptacles and comply with all applicable laws and regulations as to recycling.
n. 
Beverages in glass containers are prohibited.
o. 
Children eight years of age or under shall be supervised by a parent or authorized adult at all times.
p. 
Leased, licensed dogs are permitted in the parks but shall not be permitted on tennis courts, basketball courts, or athletic fields. Owners are responsible for and must clean up fecal material from their dogs. No animals of any other kind shall be permitted on site by any person. The owners of animals shall be also responsible irrespective of who may be in attendance or at fault in allowing an animal on the park grounds.
q. 
No one shall carry on any activity and/or play any game involving thrown or otherwise propelled stones, arrows, javelins, discus, shot, hammer, quoits or model airplanes or carry on any other type of recreation other than that permitted by Upper Freehold Township and as relate to the specific facilities at the Mark Harbourt Soccer Complex, the Byron Johnson Recreational Area or any other municipal field or recreation area.
r. 
Soliciting of any nature is prohibited except as may be provide in accordance with applicable Township ordinances and New Jersey law.
s. 
All persons shall conduct themselves in proper and orderly manner at all times. No person or persons shall disturb or interfere unreasonably with any person, persons or party occupying or using any area or participating in any activity as permitted in the Mark Harbourt Soccer Complex, Byron Johnson Recreational Area or any other municipal field or recreation area.
t. 
It is the position of Upper Freehold Township that any person violating any provision of these rules and regulations or acting contrary to law are subject to § 1-5 et seq. of the Upper Freehold Township Ordinances and any other applicable law and regulations of the State of New Jersey.
u. 
The fields are maintained by Upper Freehold Township and its staff but are not "prepped" solely for each individual or group use. The prepping of fields for activities shall be the responsibility of the person and/or organization seeking to use the athletic fields and recreational areas and facilities — solely pursuant to the direction and guidance and guidelines of Upper Freehold Township and its Recreation Director and staff.
v. 
It should be clearly understood that Upper Freehold Township and its Recreation Director may restrict or limit availability for specific types of fields and courts or the use of same due to weather and/or maintenance conditions and for such other reasons in the sole discretion of Upper Freehold Township and its Director as may be deemed appropriate.
w. 
The rules and regulations shall include the adherence to the Township's Code of Conduct Ordinance (§ 2-71) that establishes conduct for individuals attending, coaching, officiating, or participating in a youth sports event on Upper Freehold Township property and all or the requirements and standards set forth therein, as well as adherence to N.J.S.A. 5:17-1 et seq., which is New Jersey's Code of Conduct Law, establishing athletic codes of conduct for players, coaches, officials and parents.
[Ord. No. 253-12]
As used in this section, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
Shall mean residential or commercial property left behind intentionally and permanently when it appears that the former owner (or tenant) does not intend to come back, pick it up, or use it. An example in this instance may include dwellings or businesses in foreclosure or pre-foreclosure proceedings, or a business that has been closed and not participating in the business of trade. This definition does not include farms other than the property that may constitute the dwelling yard previously maintained as such on the property.
PERSON
Shall mean any individual, corporation, banking institution, credit union, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, country, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
[Ord. No. 253-12]
It shall be the duty of the owner, tenant or person in possession of any abandoned dwelling or commercial properties in the Township to:
a. 
Keep all brush, hedges or other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 30 inches where it shall be necessary and expedient for the preservation of public safety.
b. 
To keep the yard free of brush, weeds, grass of unreasonable height (10 inches), heavily matted cut grass, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, litter, trash and debris, and any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds or rodents, where the same are inimical to the preservation of public health, safety and general welfare of the Township, or which may constitute a fire hazard.
[Ord. No. 253-12]
If the reported conditions are found to exist, after an investigation of any complaint of a resident, officer, or employee of the Township relative to a violation of this section or upon his own initiative, the Code Enforcement Officer, the Construction Department, Construction Official or the Zoning Official or his/her designee shall direct that a notice be sent to the owner, tenant or person in possession of the residential or commercial property complained of in writing either personally or by registered or certified mail to remove such brush, weeds, grass, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or other debris within a period not less than 72 hours nor more than 10 days. Notwithstanding the foregoing, if it shall appear to the Code Enforcement Officer, the Construction Department, Construction Official or the Zoning Official or his/her designee that a second or subsequent violation of this section has occurred within a six-month period as to the same property, the notice requirements of this section shall not be applicable unless during that six-month period the legal title to the property shall have changed or possession of same shall have been changed. In such case involving an alleged second or subsequent violation, the Code Enforcement Officer, the Construction Department, Construction Official or the Zoning Official or his/her designee may issue a notification demanding immediate abatement of the condition and/or issue a summons for the violation of this section without any further notification.
[Ord. No. 253-12]
If the owner, tenant or person in possession of the dwelling or commercial property in question shall fail to abate the condition complained of within the time period specified after receipt of notice, the Code Enforcement Officer, the Construction Department, Construction Official or the Zoning Official or his/her designee shall cause the condition complained of to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall certify the cost to the Township Committee, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the residential or commercial property. The amount so charged shall forthwith become a lien upon the residential or commercial property and shall be added to and become and form part of the taxes next to be assessed and levied upon such residential or commercial property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 253-12]
No person shall burn any brush, weeds, grass, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris on any street in the Township.
[Ord. No. 253-12]
Any person found to be violating any provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 279-2016]
It shall be unlawful and shall be a public nuisance for any person:
a. 
To revel, quarrel, fight, brawl, or otherwise engage in any type of disorderly conduct within the territorial boundaries of the Township of Upper Freehold so as to disturb the public peace and quiet.
b. 
To be drunk or in a state of intoxication within the territorial boundaries of the Township of Upper Freehold or in any private house or place to the annoyance and disturbance of any citizen or person.
c. 
To make, aid, assist or continue in making improper, loud noise or disturbance, riot or breach of the peace within the territorial boundaries of the Township of Upper Freehold.
d. 
To engage in any practice, exercise or conduct having a tendency to annoy persons passing on a drive, walk, or in the streets within the territorial boundaries of the Township of Upper Freehold.
e. 
To injure or destroy or assist in injuring or destroying any public property belonging to the Township of Upper Freehold.
[Ord. No. 279-2016]
No provision of Subsection 3-10.1 shall supersede, modify or be applicable to those activities protected under Chapter 23 of the Code of the Township of Upper Freehold entitled "Right to Farm and Country Code" or those otherwise lawful activities associated with hunting, fishing and/or trapping.
[Ord. No. 279-2016]
Any person who shall violate any provision of this section shall be subject to the penalty provisions of § 1-5 of this Code.
[Added 3-1-2018 by Ord. No. 290-18]
a. 
Pursuant to Section 3lb of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Upper Freehold except for the delivery of cannabis items and related supplies by a delivery service.
[Amended 5-20-2021 by Ord. No. 314-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
b. 
Any violation of Subsection A shall be punishable in accordance with the penalty provisions of the general ordinances of the Township of Upper Freehold.