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, 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.
[Ord. No. 67-00 § 2]
The original map approved herein, this ordinance and the Certification
annexed hereto as Exhibit A 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.
[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.
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), 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]
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.