The general power to adopt local police ordinances of
all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties
for violations of ordinances and prescribing maximum penalties is
contained in R.S. 40:49-5.
[Ord. 258; Ord. 696]
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 of others, or create any unreasonably loud, disturbing
and unnecessary noise of such character, intensity or duration as
is detrimental to the life or health of any person within the limits
of the borough.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of the provisions of this section, but such enumeration
shall not be construed to be a limitation or be deemed to be exclusive:
a.
Horns. The sounding of any horn or signaling device on any automobile,
motorcycle, street car, bus or other vehicle on any street or public
place of the borough except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound;
the sounding of any such device for an unnecessary and unreasonable
period of time; the use of any signaling device except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust or by compressed air or gas or by vacuum;
and the use of any such signaling device when traffic is for any reason
held up.
b.
Radios, Televisions, Stereo Equipment. Using, operating or permitting
to be played used or operated, either indoors or outdoors, any radio
receiving set, television receiver, musical instrument, stereo or
other machine or device for producing or reproducing sound in such
manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants, or at any time with louder volume than is necessary for
convenient hearing for the person who is in the room, vehicle, chamber
or premises in which the machine or device is operated and who is
a voluntary listener.
c.
Loudspeakers, Amplifiers. The using, operating or permitting to be
played, used or operated of any radio receiving set, musical instrument,
stereo, loudspeaker, sound amplifier or other machine or device for
producing or reproducing sound which is cast upon the public streets
for the purpose of commercial advertising or for any other purpose
except as authorized by governmental authorities in connection with
law enforcement or public emergencies, provided that such devices
may be employed in connection with nonprofit charitable, educational,
civic, religious or recreational activities in accordance with permits
first obtained therefore from the mayor and council, if the mayor
and council shall find that the public health and safety will not
be endangered thereby.
d.
Public Facility Music Amplification. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, stereo, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound within a municipally-owned facility prior to 12:00 p.m. or after 11:00 p.m. is also hereby declared to be unnecessary and in violation of subsection 3-1.1, except as authorized by governmental authorities in connection with law enforcement or public emergencies or publicly sponsored events.
e.
Animals, Birds. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any persons in the vicinity.
f.
Whistles. Blowing of any whistle except to give notice of the time
to begin or stop work or as a warning of fire or danger, or upon request
of proper municipal authorities, or as may be required by general
law or ordinance.
g.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary jet or internal combustion engine or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises there from.
h.
Defect in Vehicle or Load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded, or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
i.
Loading; Unloading; Operating Boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
j.
Construction Work. The excavation, grading, paving, erection, demolition,
alteration or repair of any premises, street, building or structure
at any time other than between the hours of 8:00 a.m. and 6:00 p.m.
on Saturdays or between the hours of 10:00 a.m. and 5:00 p.m. on Sundays
or between the hours of 7:00 a.m. and 6:00 p.m. on other weekdays,
except in case of urgent necessity in the interest of public health
and safety, and, if the nature of the emergency will admit of the
prior procurement of a permit, then only in accordance with a permit
first obtained from the borough engineer as to public street work
or from the borough building official as to other work. The permit
may be granted for a period not to exceed three days or less while
the emergency continues, and it may be renewed for period of three
days or less while the emergency continues.
If the engineer or the building official, however, shall determine
that the public health and safety will not be impaired by such work
within the prohibited hours, and if he shall further determine that
loss or inconvenience would result to any party in interest, he may
grant permission for the work to be done within the prohibited hours
upon application being made at the time the permit for the work is
issued or during the progress of the work. The provisions of this
subsection shall not apply to interior to exterior repairs or to the
interior alterations, the work for which is actually performed by
a homeowner or occupant, personally, between the hours of 7:00 a.m.
and 11:00 p.m., upon residential premises that are owned by the homeowner
or that are occupied by such occupant.
k.
Refuse Collection. The collection, transportation or disposal of
garbage, trash, cans, bottles and other refuse by persons engaged
in the business or scavenging or garbage collection at any time on
Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m.
on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on other
weekdays, except in the case of urgent necessity in the interest of
public health and safety, and, in the nature of the emergency will
admit of the prior procurement of a permit, than only in accordance
with a permit first obtained from the borough engineer or building
official. The permit may be granted for a period not to exceed three
days or less while the emergency continues and may be renewed for
period of three days or less while the emergency continues.
l.
Schools, Courts, Churches and Hospitals. The creation of any excessive
noise on any street or property adjacent to any school, institution
of learning, church or court while such are in use, or adjacent to
any hospital which unreasonably interferes with the workings of that
institution, or which disturbs or unduly annoys patients in the hospital,
provided that with respect to such streets, conspicuous signs are
displayed in the streets indicating that they are school, hospitals
or court streets.
m.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
n.
Hawkers; Peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
o.
People Noise. Yelling, shouting, whistling, singing, or creating
unnecessarily loud or annoying vocal utterances at any time or place
so as unreasonably to annoy or disturb the quiet, comfort or repose
of any person in any residence, school, place of business, street
or public place.
p.
Lawnmowers and Leaf Blowers. The operation of use of any power lawnmower
or leaf blower between the hours of 9:00 p.m. and 8:00 a.m. on weekdays
and Saturdays and 9:00 p.m. and 9:00 a.m. on Sundays.
q.
Miscellaneous Night Noise. Any of the following activities when occurring
in close proximity to residences between 11:00 p.m. and 7:00 a.m.;
the warming up or idling of buses, trucks, or tractors; and the unnecessary
and repeated idling, acceleration and deceleration, or the starting
and stopping of automobiles and motorcycles.
r.
Exception. Nothing contained in this section shall be construed to
apply to church bells or chimes, or to the use of snow blowers.
[Ord. 247]
As used in this section:
a.
Loitering shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing, walking
about aimlessly or sleeping in a car or motor vehicle of any kind
and shall also include the colloquial expressing "hanging around."
b.
Public place shall mean any place to which the public has access
and shall include any street, highway, road, alley, or sidewalk. 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, playgrounds, schools, as well as parking lots or other
vacant private property not owned by or under the control of the person
charged with violating the provisions of this section, or in the case
of a minor, not owned by or under the control of his parent or guardian.
c.
Parent or guardian 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.
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 paragraph 3-2.1b. This paragraph shall include
the making of unsolicited 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.
e.
Defile, pollute or soil any public place by throwing or otherwise
disposing of cans, bottles, paper or other refuse.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-2.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
No parent or guardian of a minor shall knowingly permit that
minor to loiter in violation of the provisions of this section.
Whenever any minor is charged with a violation of this section,
his parent or guardian shall be notified of this fact by the chief
of police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice
as provided herein, 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.
[Ord. 270; New]
As used in this section:
a.
LITTER - Shall mean garbage, refuse and rubbish as defined herein,
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare.
b.
GARBAGE - Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
c.
REFUSE - Shall mean all putrescible and nonputrescible solid waste
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
waste.
d.
RUBBISH - Shall mean nonputrescible wastes, consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
e.
VEHICLE -Shall mean every device in, upon or by which any person
or property is or may be transferred or drawn upon a highway, including
devices used exclusively on stationary rails or tracks.
f.
PUBLIC PLACE -Shall mean all streets, sidewalks, boulevards, alleys
or other public ways, and all public parks, squares, spaces, grounds
and buildings.
No person shall sweep, throw, deposit or dump litter in or on
any property whether occupied, open or vacant, and whether owned by
that person, or any other person or in a public place or pond, lake
or stream or other body of water within the borough, except in public
receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner which prevents the litter
from being carried or deposited by the elements upon a public place
or upon private property.
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in a gutter, road, right of
way or other public place within the borough the accumulation of litter
from a building or lot or from a public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter. This shall not apply to placement
of leaves when duly authorized.
No person while a driver or passenger in a vehicle shall throw
or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport or collect any
litter from outside the borough and bring it into the borough for
the purpose of dumping or disposing thereof. No truck or other vehicle
containing litter which has been transported into the borough shall
be parked or allowed to remain standing on any street in the borough
or on any public or private property.
[Ord. 249; Ord. 259; amended 11-2-2023 by Ord. No. 872]
[Amended 11-2-2023 by Ord. No. 872]
As used in this section:
Includes the side of any public street or road appearing
on the official map of the Borough.
Includes waste animal or vegetable matter originating in
homes, kitchens, restaurants, hotels, produce markets, stores, and
other places where food and food products are stored and prepared
for sale or human consumption.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough or other public body, and is designed and used for
collecting and conveying stormwater.
The same meaning as "person" is defined in § 1-2 of this Code, and shall also include any political subdivision of this state subject to municipal jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, garbage containers, rubbish
containers and plastic trash bags.
Includes broken or discarded crockery, glass, bottles, cooking
utensils, food containers, papers, magazines, small pasteboard boxes,
small cardboard containers, household effects and appliances, junk,
any useless or worthless objects, and all other matter commonly known
as "rubbish."
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Added 11-2-2023 by Ord. No. 872]
a.
Refuse
containers and dumpsters that are outdoors or exposed to stormwater
shall be covered at all times to prohibit the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough and/or the waters of the state so as to protect public
health, safety and welfare.
b.
Any person
who controls, whether owned, leased, or operated, a refuse container
or dumpster shall ensure that such container or dumpster is covered
at all tinges and refuse does not spill or overflow therefrom.
c.
Any person
who owns, leases or otherwise uses a refuse container or dumpster
shall ensure that such container or dumpster does not leak or otherwise
discharge liquids, semi-liquids or solids to the municipal separate
storm sewer system(s) operated by the Borough.
d.
The following are excepted from the prohibitions in this subsection 3-4.2:
1.
Permitted
temporary demolition containers.
2.
Litter
receptacles (other than dumpsters or other bulk containers).
3.
Individual
homeowner garbage and rubbish containers.
4.
Refuse
containers at facilities authorized to discharge stormwater under
a valid NJPDES permit.
5.
Large
bulky items (e.g., furniture, bound carpet and padding, white goods
placed curbside for pickup).
[Amended 11-2-2023 by Ord. No. 872]
a.
Garbage containers. Garbage shall be placed in watertight containers
made of metal or heavy plastic, equipped with suitable handles and
tight-fitting covers. The capacity of the containers shall not exceed
35 gallons nor weigh more than 35 pounds when filled with garbage.
These restrictions on capacity and weight of containers shall only
apply where containers are placed at the curb for collection.
b.
Rubbish containers. Except as hereinafter provided, all rubbish shall
be placed in watertight containers made of metal or heavy plastic,
equipped with suitable handles and tight-fitting covers. Rubbish,
such as paper, magazines, small pasteboard boxes and small cardboard
cartons may be securely tied in bundles and placed in or alongside
garbage and rubbish containers on the day collection is made. No material
of this kind that is not securely tied in bundles shall be placed
on the curb for collection. Rubbish of a nature and size so as not
to permit its placement in containers as heretofore set forth or to
be tied in bundles may be placed at the curb for collection.
Rubbish containers as hereinbefore set forth shall weigh less
than 35 pounds when filled and have capacities that do not exceed
35 gallons.
These restrictions on capacity and weight shall only apply where
containers are placed at the curb for collection.
c.
Curb restriction. No garbage or rubbish shall be placed at the curb
unless it is in containers as hereinbefore specified or otherwise
excepted.
d.
Collection. Collection of garbage and rubbish is provided as a municipal
service on specified collection days established by the Borough council.
On the regular collection days garbage and rubbish containers shall
be placed on the curb by 7:00 a.m. No containers shall be placed on
the curb before 3:00 p.m. on the day preceding collection. Emptied
containers must be removed from the curb by the owner as soon as practicable
and in no event shall empty containers be left on the curb after 6:00
p.m. on the day immediately following collection day.
[Added 11-2-2023 by Ord. No. 872]
This section shall be enforced by the Police Department, Zoning
Officer, Administrator (or designee) and/or other municipal officials
or employees during the course of ordinary enforcement duties.
[Added 11-2-2023 by Ord. No. 872]
[Ord. 42; New; Ord. 294; Ord. 552]
Owners, occupants or tenants of any property fronting on any
street in the borough shall remove all snow and ice from the abutting
sidewalks of such street to the curb or pavement edge or, in the event
of ice which may be so frozen as to make removal impracticable, shall
cause the same to be thoroughly covered with sand, ashes or other
material to provide traction, within 12 hours of daylight after the
snow has fallen or the ice has formed. Sidewalks shall be cleared
to a width of three feet or the entire width of the sidewalk, whichever
is less.
No owner, occupant or tenant of any premises abutting on any
street or sidewalk shall throw, place or deposit any snow or ice accumulated
on private property into or upon any such street or sidewalk in the
borough.
In the event that any person shall neglect or refuse to comply with the requirements of subsection 3-5.1, it shall be lawful for the mayor and council to cause such obstruction to be removed.
In all cases where snow or ice shall have been removed from
any sidewalks or gutter by and under the direction of the borough,
the borough official in charge shall certify the cost of removal to
the borough council and the borough council shall examine the certificate
and, if found correct, shall cause the cost as stated thereon to be
charged against the lands abutting or bordering the sidewalks. The
amount so charged shall forthwith become a lien upon the land, and
shall be added to and become part of the taxes next to be assessed
and levied upon the lands, and shall bear interest at the same rate
as taxes and be collected by the same officials and in the same manner
as taxes and shall be in addition to any penalty provided elsewhere
in this chapter.
[Ord. 231]
Where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare, or to eliminate a fire
hazard to remove from lands or to destroy brush, weeds, including
ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash, debris, and miscellaneous junk, including old automobiles
not in service for 30 days, the owner or tenant of lands lying in
the borough shall remove or destroy such within 10 days after notice
by the borough clerk to do so.
In cases where the owner or tenant shall have refused or neglected
to remove the debris within the time provided by the preceding section,
it may be removed by or under the direction of the borough clerk.
The clerk shall thereupon certify the cost of removal to the mayor
and council, who shall examine the certificate, and if found to be
correct, shall cause the cost shown thereon to be charged against
such lands. The amount so charged shall forthwith become a lien upon
such lands, and shall be added to and become part of the taxes next
to be assessed and levied upon such lands. It shall bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes and shall be in
addition to any other penalty which may be imposed hereunder.
[Ord. 124]
A trailer or camp car is herein defined to be any vehicle used
or intended to be used as a conveyance upon public streets or highways
and duly licensed as such, and shall include self-propelled and nonself-propelled
vehicles so designed and constructed and reconstructed or added to
by means of accessories in such manner as to permit the occupancy
thereof as a temporary dwelling or sleeping place for one or more
persons, and having no foundation other than wheels, jacks or skirtings
so arranged as to be integral with or portable by the trailer or camp
car.
It shall be unlawful for any person to park any trailer or camp car on any street in the borough, or on any premises within the limits of the borough, except in conformity with the provisions of Chapter 7, and under no circumstances for a longer period than two hours; provided that such time limit shall not apply to a trailer or camp car undergoing repair in a recognized public garage or automobile shop, nor where such trailer or camp car is placed in dead storage on private property.
[Ord. 41; Ord. 242; New]
No person shall ride, drive, or lead any horse or cattle upon
any of the sidewalks within the limits of the borough, except for
the purpose of crossing such sidewalks. No person shall leave standing
upon such sidewalks or upon crossings, any of the above animals or
any wagon, carriage, sleigh, sled, or other vehicle, or any box, crate,
barrel, or any other thing to obstruct such sidewalk.
No person shall slide or coast for amusement on any sled upon
the streets or sidewalks of the borough.
a.
Duty of Owners. The owners of all properties fronting on any of the
streets of the borough shall be required to keep the gutters in front
of their respective properties clear and free of all weeds, grass,
ashes, garbage or other impediments.
b.
Removal by Borough. In the event that any person shall fail to comply
with the provisions of paragraph 3-8.3a, the mayor and council shall
cause such obstruction to be removed.
c.
Payment for Removal by Borough. In all cases where weeds, grass,
ashes, garbage, or other impediments shall have been removed from
any gutter by and under the direction of the borough, the borough
official in charge shall certify the cost of removal to the borough
council and the borough council shall examine the certificate and,
if found correct, shall cause the cost as stated thereon to be charged
against the lands abutting or bordering the gutters. The amount so
charged shall forthwith become a lien upon the land, and shall be
added to and become part of the taxes next to be assessed and levied
upon the lands, and shall bear interest at the same rate as taxes
and be collected by the same officials and in the same manner as taxes,
and shall be in addition to any penalty provided elsewhere in this
chapter.
[Ord. 38; Ord. 84]
No person shall do or cause to be done any of the following
acts upon a public highway or other public place within the borough,
without the written permit of the borough:
a.
Cut, trim, climb with spikes, disturb the roots of, or otherwise
injure, or spray with any chemical, or remove any living tree or shrub,
or injure, misuse or remove any structure or device placed to support
or protect such trees or shrub.
b.
Plant any tree or shrub.
c.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub, or to any guard about such tree or shrub.
d.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water or fertilizer to the roots
of such tree or shrub.
e.
Pile any building material or make any mortar of cement within six
feet of a tree or shrub.
f.
Post or cause to be posted any advertisement or other printed matter
upon any shade or ornamental tree.
No person shall hitch or fasten an animal to any tree or shrub
upon a public highway or to any guard or support provided for the
same, or shall permit an animal to bite or otherwise injure any such
tree or shrub.
No person shall permit any brine, gas or injurious chemical
to come in contact with the stem or roots of any tree or shrub upon
a public highway.
Every person having control over any wire for the transmission
of an electric current along a public highway shall at all times guard
all trees through which or near which such wires pass against any
injury from the wires or from the electric current carried by it.
The device or means used shall in every case be subject to approval
by the borough.
No person shall prevent, delay or interfere with any lawful
work undertaken by the borough or its authorized agent.
[Ord. 265]
No person shall consume or possess in any opened container any
alcoholic beverage in or upon any public or quasi-public place including,
but not limited to, any public street, alley, sidewalk, mall, park,
playground, public conveyance, parking facility or in any public building.
In or Upon Vehicles. No person shall consume any alcoholic beverage
in or upon any private vehicle while it is in motion or parked upon
any such public or quasi-public place.
Nothing herein shall be construed to prohibit the possession
or consumption of alcoholic beverages within or upon premises duly
licensed for the consumption of alcoholic beverages; the possession
of beer in pitchers or other unsealed containers as may be lawfully
sold by licensed premises while in transit to a lawful place for consumption;
nor to prohibit the possession, distribution or consumption of alcoholic
beverages in any public park, recreation area or public building in
connection with any organized function or social affair for which
express prior permission has been received in writing from the mayor
and council, upon prior notice and subject to any terms and restrictions
relating to the public safety and the general welfare of the borough
which may have been imposed upon such permission by the mayor and
council.
[New; Ord. 365]
For violation of any provision of this code, or other ordinance
of the borough unless a specific penalty is otherwise provided in
connection with the provision violated, the maximum penalty upon conviction
of the violation shall be a fine not exceeding $1,250 for each and
every offense or imprisonment for not more than 90 days, or both,
or to a period of community service not exceeding 90 days at the discretion
of the municipal court judge. (N.J.S.A. 40:49-5)
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter or any other chapter of
this revision or any other ordinance of the borough exists shall constitute
a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or violation.
[Ord. 280; Ord. 384]
No retail business shall be conducted within the Borough of
Hopewell, County of Mercer, State of New Jersey, except between the
hours of 6:00 a.m. and 10:00 p.m.
Nothing contained in this section shall be construed to prevent
the preparation and retail sale of drugs, meals and prepared food
for consumption on the premises and motor fuels and service station
products, nor to apply to sales of alcoholic beverages which are otherwise
subject to regulation under R.S. 33.
[Ord. 311; Ord. 671]
For the purposes of this section:
Shall mean any advertisement, circular, paper, brochure,
flyer, shopper or other unsolicited commercial matter, printed or
otherwise, of every kind or nature whatsoever.
Shall mean and include any dwelling or structure, whether
or not occupied, as well as any yard, grounds, sidewalk, wall, fence,
driveway, porch, steps, vestibule or mail box belonging to or appurtenant
to such dwelling or structure.
Shall mean and include the areas from the side edge of a
highway, street or road, whether or not curbed, to and including the
sidewalk, if any, and if no sidewalk to the front property line of
the adjacent private property, and all areas used for any public park,
playground, municipal building or other installation, including driveways,
parking areas, walks, paths and other public ways thereupon.
No person shall place upon, deliver, deposit throw upon, leave
or abandon within or upon any private property, public way adjacent
to private property, or public place in the borough, any handbill,
except as hereinafter provided.
The provisions of this section shall not be applicable to the
delivery of:
a.
Mail, parcels or packages by and in accordance with the rules of
the United States Postal Service.
b.
Parcels, packages and materials by and in accordance with the rules
of the Railway Express Agency or other utility licensed or regulated
for such purposes, and those delivered by vendors where ordered by
the owner or occupant of the recipient premises.
c.
Newspapers and other publications and periodicals only if subscribed
to by the owner or occupant of the recipient premises, provided that
such publication is either placed firmly in a receptacle designed
for such purpose, or if none, then tightly wrapped to prevent blowing
or scattering upon the recipient premises or adjacent areas.
d.
Laundry, dry cleaning, dairy, bakery and similar food products, and
commercial product sampling, by agreement with or invitation of the
owner or occupant of the recipient premises.
e.
Solicitation cards, brochures and flyers by duly authorized bona-fide
nonprofit charitable organizations, including, but not limited to,
United Fund, American Red Cross, religious, educational, medical and
volunteer police, fire and ambulance organizations, provided packaged
and placed in such a manner so as not to blow or scatter upon the
recipient premises or adjacent areas.
f.
Noncommercial handbills of a political or other nature whose distribution
is or may be protected by constitutional rights of free speech, provided
such handbill is packaged and placed in such a manner as not to blow
and scatter upon the recipient premises or adjacent areas.
g.
Unsolicited and unsubscribed newspapers, publications and other periodicals
of a commercial nature in whole or in part, provided that such distribution
is in compliance with this section, and further provided that such
periodical is packaged and placed in such a manner as not to blow
or scatter upon the recipient premises or adjacent areas.
The delivery of unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, shall qualify for the exception provided for in subsection 3-13.3g hereof, subject to and contingent upon initial and continuing compliance with the following requirement:
The owner or occupant of any property within the borough shall
have the right, at any time, in writing, either by certified mail
or in person, to transmit to the local office of the publisher and/or
distributor of any unsolicited or unsubscribed newspapers, publications
or other periodicals that are wholly or partially of a commercial
nature, a notice of objection to the continued delivery of any such
unsolicited and unsubscribed material. Such notice of objection shall
clearly identify the property to which the continued delivery of any
such unsolicited or unsubscribed material is objected. Any publisher
and/or distributor who receives said notice of objection, shall comply
with said notice within 14 days of receipt of said notice and shall
discontinue the delivery of the objected to material to the property
identified by said notice. Such notice of objection shall continue
into effect until revoked, and it shall be deemed a violation of this
section for any person, including, but not limited to, a publisher
and/or distributor to deliver, continue to deliver or cause to be
delivered any such unsolicited or unsubscribed material to the property
of any such objecting owner or occupant.
To facilitate cooperative action with regard to violations as
herein described, any owner or occupant of any property within the
borough who has transmitted written notice of objection as provided
for herein to the publisher and/or distributor, may file a copy of
said notice and all subsequent correspondence pertaining to said notice
with the borough clerk, who shall maintain a file of such correspondence
for public inspection. Said borough clerk files are to be kept current
by removing therefrom any correspondence which is more than three
years old.
Any person, fire or corporation violating any provisions of this section 3-13, shall be liable in the municipal court as follows:
Each violation of the provisions of this section, whether the
same shall occur on the same day or on succeeding days, shall be deemed
to be a separate violation hereof.
[Ord. 336]
No person shall detain or fail to return any book, periodical,
pamphlet, artistic reproduction, phonograph recording, audio-visual
material or any other article borrowed from the Free Public Library
of Hopewell after 30 days have elapsed from the date of posting by
certified mail, return receipt requested of a notice demanding return
thereof, addressed to said person at the last address furnished.
No person shall cut, tear, deface, disfigure, damage or destroy
any book, periodical, pamphlet, artistic reproduction, phonograph
recording, audio-visual material or other article, or any part thereof,
which is borrowed from, owned by or is in the custody of the Free
Public Library of Hopewell.
The library board shall adopt and post in a conspicuous place
in the Free Public Library building, rules, regulations and procedures
governing the borrowing of books, periodicals, pamphlets, or any other
item or article which may be available for such borrowing to the public.
No person shall remove any book, periodical, pamphlet, artistic
reproduction, phonograph recording, audio-visual material or any other
item or article from the Free Public Library building without complying
with all of the rules, regulations and procedures of the library for
borrowing such items or articles.
No person shall register or furnish a false name or address
for the purpose of borrowing any book or other article from the Free
Public Library of Hopewell.
If a person fails to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article borrowed from the Free Public Library of Hopewell after notice is served upon said person pursuant to subsection 3-14.1 and said property remains overdue for an additional 30 days, the director of the library or his designee shall forward to said person a second certified mail notification that said material is overdue and that unless said person returns said material within 30 days of receipt of this second notice, that person is subject to prosecution in the borough municipal court for having violated subsection 3-14.1 of this section.
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in section 3-11.
[Ord. 385]
As used in this section: "motor-driven vehicle" shall include
but not be expressly limited to mini-bikes, trail bikes, motorcycles,
motor scooters, go-carts, swamp buggies and any other motor-driven
vehicle not eligible to be registered under Title 39 ("Motor Vehicles")
of the New Jersey Statutes, as amended.
It shall be unlawful for any person to operate, permit, or suffer
to be operated, a motor-driven vehicle, as defined herein, within
the borough under the following circumstances:
a.
On private property of another without the express written consent
of the owner and the occupant of said property. Where such express
prior written consent has been obtained, the operator shall keep same
on his person, available for immediate display, during the period
of such operation;
b.
On any public grounds or public 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.
Between the hours of 9:00 p.m. and 8:00 a.m. prevailing time;
e.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person.
Each motor-driven vehicle, as defined herein shall at all times
be equipped with a muffler, in good working order and no person shall
use a muffler cut-out, by-pass or similar device.
The provisions of subsection 3-15.2a, shall apply to licensed two-wheel motor-driven vehicles known as motorcycles, trail cycles, motor scooters and the like, where the vehicle is operated on private property or premises other than a driveway, or other way or access provided by the owner or occupant thereof for travel thereon of motor driven vehicles.
Every person convicted of a violation of this section shall be liable to a penalty as provided by section 3-11 of the Revised General Ordinances of the Borough of Hopewell, 1975, as amended.
[Ord. 417]
No storm water, surface water or other fluids shall be directed
or conducted, directly or indirectly, over, across or under any sidewalk
or into any gutter or public street except as provided in this chapter.
Where by reason of close proximity of a catch basin the proposed
use of a gutter for storm water or surface water drainage will not
cause a significant loss of use of the gutter to the other persons
or for other purposes, the municipal engineer, upon written application
therefor, may issue a permit for the drainage of storm water or surface
water under a sidewalk and into a gutter. Any such permit shall be
revocable by the municipal engineer upon 90 days' notice.
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in section 3-11.
[Ord. 429; Ord. 444]
As used in this section:
a.
BULKY HOUSEHOLD WASTE - Shall mean and include inoperable or discarded
household appliances such as, but not limited to, refrigerators, washing
machines, dryers, freezers, water heaters, etc., furniture and box
springs and mattresses, etc.
b.
TIRES -Shall mean and include used or discarded tires of any kind,
size or description.
c.
INOPERABLE VEHICLE - Shall mean and include any motor vehicle, trailer,
or semi-trailer which is: (i) missing tires, wheels, engine, or other
essential parts; or (ii) which has sustained extensive body damage
or deterioration; or (iii) which does not display a current, valid
state registration license; or (iv) which is wrecked, disassembled,
or partially disassembled.
d.
CONSTRUCTION DEBRIS -Shall mean and include any scrap lumber, metal,
earth, sand, brick, stone, plaster, roofing or siding material or
other debris of a similar nature, which accumulates and is incidental
to the construction, demolition or removal of buildings, public works
or other construction projects.
a.
It shall be unlawful for any person to store or permit the storage,
maintain or retain on any property in the borough any bulky household
waste or tires, except in a fully enclosed structure.
It shall be unlawful for any person to store or permit the storage,
maintain or retain on any property in the borough any inoperable vehicle,
except in a fully enclosed structure; unless there is conducted on
the property an existing valid or permitted business use, which has
as one of its principal purposes the maintenance or repair of vehicles.
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
construction debris 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 all such construction debris or trash at areas
convenient to the construction area and to maintain and empty the
receptacles in such a manner and with such regularity to prevent spillage
or overflowing of said receptacles.
Every person convicted of a violation of this section shall be liable to a penalty as provided by section 3-11 of the "Revised General Ordinances of the Borough of Hopewell, 1975", as amended.
[Ord. 466; Ord. 554; Ord. 642]
The mayor and council hereby finds that the lack of enforceable
regulations with regard to parking in fire lanes in parking yards
and parking places which are open to the public in Hopewell Borough
poses a substantial threat to the health, safety and welfare of motorists
and pedestrians therein. It is therefore the purpose of the mayor
and council, by this section to establish fire lanes within such areas
of the municipality to which the public is invited pursuant to N.J.S.A.
40:48-2.46, and thereby to promote the public health, safety and welfare.
No person shall park a vehicle in any fire lane established pursuant to subsection 3-18.3 of this section.
Vehicles may be stopped in such lanes, however, under the following
circumstances:
a.
A vehicle may be stopped to discharge or pick up passengers in a
fire lane provided that the engine remains running and the driver
remains with the vehicle at all times.
b.
The operator of a commercial vehicle may unload goods in a fire lane
providing:
1.
The structure, store or use to or from which the goods are being
moved has no other entrance useable for such purpose or designated
loading area; and
2.
The driver shall remain with the vehicle or be engaged in activities
attendant to unloading the same at all times, to operate said vehicle
in case of an emergency; and
3.
The operator of the vehicle does not stop or stand in the fire lane
while not engaged in one of the above enumerated activities.
There are hereby established fire lanes in parking yards and
parking places, which are open to the public or to which the public
is invited, as detailed on the drawings referred to below:
a.
Lot 59, Block 12, known as "Hopewell Elementary School" - Map entitled
"Hopewell Elementary School, Princeton Avenue" prepared by Studer
and McEldowney dated 10-6-1989.
b.
Lot 77, Block 22, known as Hopewell Village Square - Map entitled
"Fire Lane, Hopewell Village Square, Block 22, Lot 77, Hopewell Borough,
Mercer County, prepared by Dennis O'Neal, dated March 21, 1996."
c.
Lot 12, Block 28, known as Hopewell Borough Municipal Building -
Map entitled "Boundary Survey of Lots 12-14, Block 28, Topographic
Survey of Lots 14 & 14, Block 28" prepared by James D. McEwen,
dated 6-11-1997.
The above maps, attached hereto, are incorporated herein by
reference and made a part hereof, and are also on file in the office
of the borough clerk.
Any person who shall violate subsection 3-18.2 of this section shall be subject to penalty of not more than $50.
The signs and pavement markings shown on the maps referred to in subsection 3-18.3 and required in accordance with the regulations set forth in subsection 3-18.6 shall be procured and installed by the owner of each property referred to in subsection 3-18.3. The owner of such property, as referred to in subsection 3-18.3, shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the borough. To that end, the owner shall repair, restore or replace the same or any of them within a reasonable time after receipt of written notice from the chief fire inspector of the borough to do so which notice shall be sent by certified mail to the address of the owner as shown on the borough's tax records.
The owners of the properties referred to in subsection 3-18.3 shall cause all required signs and pavement markings to be completed, in a workmanlike fashion, within 120 days from the effective date of this section. Any owner who shall fail to comply with the requirements of this subsection shall be subject to a fine of no more than $500. Each day that such violation exists shall constitute a separate offense.
The following standards shall apply to fire lanes designated and shown on the maps referred to in subsection 3-18.3:
a.
Pavement Markings. The curbs and pavements, or both, within established
fire lanes shall be painted yellow to delineate the borders of said
zones, and, in addition, the pavement within said borders shall be
painted with diagonal yellow lines and the words, "No Parking, Fire
Zone." Diagonal yellow lines shall be four inches wide with spaces
of no more than ten feet between the said diagonal lines throughout
the area within borders of all established fire lanes. The words "No
Parking, Fire Zone" shall be painted on the pavement at major vehicular
entrances to said fire lanes and every 100 feet along the entire length
of the lanes and at other locations within the lanes as determined
by the chief fire inspector. Such lettering shall be painted in yellow
block letters not less than 18 inches high with six-inch wide strokes.
Such markings shall be repainted as frequently as needed to maintain
high visibility to vehicular traffic within and near the fire lanes.
b.
Signage. Traffic signs shall be installed within established fire
lanes as required by the following standards:
1.
All signs shall be rectangular with a red message on a white background.
All corners shall be rounded and all signs shall have a red border.
2.
All signs shall be minimum of 12 inches by 18 inches with the longer
dimensions vertical, and shall be made of metal or comparable durable
material.
3.
The message on all signs shall be as follows:
|
NO
PARKING
FIRE ZONES
|
4.
All signs shall be illuminated or reflectorized to be visible during
hours of darkness.
5.
Signs shall be displayed in each designated fire lane to face all
directions of traffic flow into and within said lanes. Signs shall
be installed so that the maximum distance between signs facing the
same direction of traffic flow shall be 50 feet. All signs shall be
mounted approximately at right angles to the direction of traffic.
6.
All signs shall be installed so that the bottom of each sign is approximately
five feet above ground level.
7.
All signs shall be kept in good order and clearly legible at all
times. Damaged or faded signs shall be promptly replaced by the landowner.
[Ord. 687]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 455, 507 and 528.
The Borough of Hopewell hereby adopts as its Municipal Recycling
Program, pursuant to the New Jersey Statewide Mandatory Source Separation
and Recycling Act, the County Recycling System as set forth in Ordinance
No. 2006-16 adopted by the Board of Chosen Freeholders of the County
of Mercer, State of New Jersey on December 21, 2006 (effective January
10, 2007), and as more fully set forth in the amendment to the Mercer
County Solid Waste Management Plan detailing its Recycling Plan, also
incorporated into that Ordinance as follows.
Pursuant to the Recycling Act, each resident of Hopewell Borough,
adopting the Mercer County Recycling Plan to meet the State mandated
recycling goals. To effectuate and implement the Hopewell Borough
Recycling Plan, it is hereby required that:
a.
Municipality.
1.
The Borough of Hopewell hereby adopts this section to provide recycling
within its borders pursuant to the Recycling Act adopting herein the
Mercer County Recycling Plan as its official municipal recycling program;
and
2.
All municipal contracts for solid waste collection and/or disposal
within the Borough of Hopewell shall be consistent with this section
and the Mercer County Recycling Plan.
3.
The Borough of Hopewell shall heretofore provide for a collection
system for leaves generated from residential premises within these
municipal boundaries and shall, for the period from September 1 to
December 31 of each year, source separate leaves from solid waste
generated at those premises and unless leaves are stored or recycled
for composting or mulching by the generator, place the leaves for
collection in the manner provided for herein. The leaf composting
facilities used by the borough are: Kurt Stiefel Family Farm, 1728
Linvale-Harbourton Road, Lambertville, NJ 08530; North Slope Farm,
386 Rock Road East, Lambertville, NJ 08530; and Britain Industries,
227 Bakers Basin Road, Lawrenceville, NJ 08548.
4.
The Borough of Hopewell may deliver tires to the existing transfer
station, or such site as designated by the Mercer County Improvement
Authority, for transfer to a tire recycler.
5.
The Borough of Hopewell shall, at a minimum, within 30 days after
the adoption of this section and at least once every six months thereafter,
notify all persons occupying residential, commercial, and institutional
premises within these municipal boundaries of recycling opportunities,
and the source separation requirements of this section and the Mercer
County Recycling Plan. In order to fulfill the notification requirements
of this subsection, this municipality may, in its discretion, place
an advertisement in a newspaper circulating in the municipality, post
a notice in public places where public notices are customarily posted,
include a notice with other official notifications periodically mailed
to residential taxpayers, or any combination thereof, as the municipality
deems necessary and appropriate.
6.
The Borough of Hopewell shall, pursuant to N.J.S.A. 13:1E-99.16(c),
within 30 days of the effective date of this section,[1] and at least once every 36 months thereafter, conduct
a review and make necessary revisions to the master plan and development
regulations adopted pursuant to P.L. 1975, C. 291 (C. 40:55D-1 et
seq.), which revisions shall reflect changes in State, County and
municipal policies and objectives concerning the collection, disposition
and recycling of designated recyclable materials.
The revised State plan shall include provisions for the collection,
disposition and recycling of recyclable materials designated in this
section, and for the collection, disposition and recycling of designated
recyclable materials within any development proposal for the construction
of 50 or more units of single-family residential housing or 25 or
more units or multifamily residential housing and any commercial or
industrial development proposal for the utilization of 1,000 square
feet or more of land.
b.
Residents.
1.
On and after the official commencement date of the County Recycling
System within Hopewell Borough, each person residing in areas designated
for recycling collection, shall separate for curbside collection on
designated collection days and such additional days as may be designated
by the Mercer County Improvement Authority, those materials designated
in the Mercer County Recycling Plan as listed below; and shall do
so in the manner as set forth in this section; and
3.
Any and all persons having been found to have violated the provisions of the Recycling Plan of the Borough of Hopewell will be assessed warnings, penalties and fines pursuant to subsection 3-19.6, Penalties of this section; and
4.
At the time of placement of recyclable materials designated for collection
by the Recycling Plan of the Borough of Hopewell at the curb or streetside
of residential units said materials shall be considered the sole property
of the Mercer County Improvement Authority and shall be considered
a conscious contribution by that resident to the County Recycling
System for collection by the Mercer County Improvement Authority or
its agent; and
5.
Any resident within Hopewell Borough may donate or sell designated
recyclable materials to any person, whether operating for profit or
not-for-profit, provided that the receiving person may not perform
curbside collection under any circumstances unless that person has
registered with the Mercer County Improvement Authority as a private
recycler.
c.
Commercial, Industrial and Institutional Establishments.
1.
All commercial, industrial, and institutional establishments located
within Hopewell Borough shall recycle, or cause to be recycled, at
a minimum, the following categories of recyclables:
2.
All commercial/industrial/institutional establishments located within
Hopewell Borough shall submit a source separation recycling plan to
the Mercer County Improvement Authority to meet the State recycling
mandates identifying or incorporating the following:
(a)
All waste material generated, listed by type; and
(b)
All volumes of these waste categories currently recycled; and
(c)
Any agreement with any solid waste hauler or with a separate
entity for the recycling of source separated designated materials
as defined within the Mercer County Recycling Plan; and
(d)
A description of current or proposed recycling efforts for designated
materials; and
3.
The schedule for submittal of these commercial/industrial/institutional
recycling plans to the Mercer County Improvement Authority shall be
as follows:
(a)
All commercial/industrial/institutional establishments whose
waste is collected by private haulers and not serviced by municipal
collection shall prepare the plan within four months of enactment
of this section and shall implement same within two months following
approval of the plan by the Mercer County Improvement Authority;
(b)
All commercial/industrial/institutional establishments whose
waste is collected through a municipal collection system shall be
part of the municipal collection system of recyclables.
4.
All commercial/industrial/institutional establishments required to
submit a recycling plan under this section may, at their option, prepare
a joint recycling plan with any other entity or entities whereby a
common hauler and/or collection point, for common pickup, is set forth.
However, each commercial/industrial/institutional establishments shall
prepare a plan identifying that they are part of this joint plan and
shall attach a copy of same, incorporating it by reference.
5.
Any such commercial/industrial/institutional recycling plan shall
be consistent with those terms, conditions and goals set forth in
the Mercer County Recycling Plan and this section. The failure to
submit said plan or comply with same shall subject the commercial/industrial/institutional
establishments to penalties as set forth in this section; and
6.
An extension of the time for plan preparation and/or plan implementation
of up to 90 days may be requested from the Mercer County Improvement
Authority depending upon the size of the establishment. Justification
for such a request shall be submitted to the Mercer County Improvement
Authority in writing and shall be verified as necessary or justified;
and
7.
Pursuant to Mercer County Recycling Ordinance 2006-16, upon failure
of a commercial/industrial/institutional establishment to meet the
source separation recycling provisions of this section and/or the
source separation and recycling provisions of the Recycling Act, if
not exempted pursuant to paragraph 8 described hereafter, the Mercer
County Improvement Authority shall provide said recycling service,
and all fees and costs for providing said recycling service shall
be assessed at rates to be established by the Mercer County Improvement
Authority through the New Jersey Board of Public Utilities and Mercer
County's Solid Waste Franchise; and penalties shall be assessed as
provided for in this section; and
8.
Pursuant to N.J.S.A. 13:1E-99-16 of the Recycling Act, this municipality
shall have the right to exempt persons occupying commercial and institutional
premises within the municipal boundaries from the source separation
requirements of the section if those persons have otherwise provided
for the recycling of the recyclable materials designated in the Mercer
County Recycling Plan from solid waste generated at those premises.
This municipality shall annually submit to the Mercer County Improvement
Authority a list of those commercial/industrial/institutional establishments
requesting exemptions under this subsection and the results of its
determination with an explanation for said action. To be eligible
for an exemption pursuant to this subsection, a commercial or institutional
solid waste generator shall annually provide written documentation
to this municipality and the Mercer County Improvement Authority of
the total number of tons recycled. Persons occupying commercial and
institutional premises exempted under this subsection shall not be
exempted from the reporting provisions of paragraph 3.
d.
Private Recyclers.
1.
Any person or group of persons wishing to collect recyclable materials
shall register with the Mercer County Improvement Authority as a "private
recycler;" and
2.
No private recycler shall conduct recycling collection activities
within the Borough of Hopewell on designated County collection days;
and
3.
Upon registration each private recycler shall receive an identification/registration
decal from the Mercer County Improvement Authority and shall prominently
display same on recycling vehicles when collecting recyclables within
the Borough of Hopewell; and
4.
An ongoing condition of collection activities within the municipality
shall be the submittal of certified weight tickets to the Mercer County
Improvement Authority for material sold to quantify levels for State
mandated recycling goals. Said tickets shall be submitted to the Mercer
County Improvement Authority no later than 30 days following the date
of sale of the subject material.
The enforcement of the Recycling Plan of the Borough of Hopewell
shall be provided individually and severally by the Borough of Hopewell
with regard to enforcement of this section, and/or the Mercer County
Improvement Authority, and/or the New Jersey Department of Environmental
Protection.
No person shall collect recyclables within the Borough of Hopewell
unless registered with the Mercer County Improvement Authority and
the requisite fee has been paid, unless an exemption has been granted
by the Mercer County Improvement Authority in accordance with Mercer
County Ordinance No. 2006-16. The identification/registration decal
of each person so registered shall be prominently displayed on each
recycling vehicle at all times while collecting recyclables within
the Borough of Hopewell.
Failure to register or to display the identification registration
decal on vehicles while collecting recyclables within the Borough
of Hopewell shall subject such private recycler to a fine of $250
per offense; and
Any person or entity conducting recycling collection activities
within the Borough of Hopewell on designated County recycling collection
days shall be assessed a penalty of $250 per offense.
a.
Residents.
1.
Any resident of the Borough of Hopewell who is found to have violated
the provisions of this section shall be subject to the following procedures
and penalties:
(a)
A Notice of Violation shall be issued on the occasion that said
ordinance is violated, and thereafter;
(b)
A cessation in the collection of garbage which contains recyclable
materials from that household; and/or
(c)
A fine up to $500 per day of violation depending upon the extent
of and circumstances of the violation to be assessed pursuant to N.J.S.A.
13:1E-9 by the Mercer County Improvement Authority, as authorized
hereby and pursuant to the inclusion of this section within the Mercer
County Solid Waste Management Plan.
(d)
The terms and provisions of this section may be enforced individually
and severally by the Borough of Hopewell, the Mercer County Improvement
Authority and the New Jersey Department of Environmental Protection.
b.
Commercial Industrial and Institutional Establishments.
1.
Failure to submit the plan or have an approved plan in place as required
by this section shall subject the commercial/industrial/institutional
establishment to a fine up to $100 per day until plan submittal requirements
are met.
2.
Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the County pursuant to subsection 3-19.2 of the section shall be subject to the following procedures and penalties:
(a)
A warning on the first three occasions that said plan is violated,
and thereafter.
(b)
A fine up to $1,000 per day of violation depending upon the
extent of and circumstances of the violation and the size of the violating
establishment, to be assessed pursuant to N.J.S.A. 13:1E-9 by the
Mercer County Improvement Authority, as authorized hereby.
(c)
The terms and provisions of this section may be enforced individually
and severally by the Borough of Hopewell, the Mercer County Improvement
Authority and the New Jersey Department of Environmental Protection.
[Ord. 497]
a.
Alarm business shall mean any business operated by a person, partnership,
or corporation, for profit, which engages in the activity of altering,
installing, leasing, maintaining, repairing, replacing, selling, servicing
or responding to a fire or burglar alarm system, or which causes any
of these activities to take place.
b.
Alarm device shall mean any type of alarm-activating equipment which
provides warning of burglary, intrusion, fire, flood, or like peril.
c.
Alarm system shall mean the installation in one or more buildings
of one or more alarm devices for the express purpose of giving visual
and/or audible warning of an emergency such as burglary, intrusion,
fire, flood or like peril.
d.
Alarm user shall mean any person, firm, partnership, association,
corporation, company, or organization of any kind in possession or
control of any building, structure or facility wherein an alarm device
or system is maintained.
e.
False alarm shall mean an alarm signal eliciting a response by police
or firefighters or any other public officials when a situation requiring
a response by police or firefighters or any other public officials
does not in fact exist, but excluding an alarm signal caused by violent
conditions of nature or other extraordinary circumstances not reasonably
subject to control by the alarm business or alarm user.
f.
Independent smoke detector shall mean a device giving an audible
alarm indicating smoke and/or fire within a structure and not connected
to an alarm system or to any external sounding device outside of the
structure.
No person shall install, operate or maintain any alarm system
unless the alarm system has been registered with the Hopewell Township
Police Department. An alarm system shall be deemed registered at such
time as a registration form supplied by the police department is completed
as to all information requested therein. Among the information to
be provided on the registration form is the following:
a.
The name, address, telephone number of the owner, occupant, or user
of the property upon which the alarm system is installed.
b.
The name, address, and telephone number of the installer of the system.
c.
The name, address, and telephone number of the maintainer of the
system.
d.
The type of system.
e.
A list of the names, addresses, and telephone numbers of person(s)
to be contacted in the event of an alarm or in an emergency situation
determined by the police department.
f.
A detailed description and location of the alarmed premises. No further
renewal registration shall be required unless and until there has
occurred any material change in the information previously submitted
with respect to any alarm system in which event it shall be the duty
of the user of the alarm system, within 10 days of such material change,
to file a supplemental or revised registration containing accurate,
current information.
All pre-existing alarm systems shall comply with the registration
requirements of this subsection within 60 days of the date of the
final adoption of this section.
a.
Each alarm system shall be installed utilizing discrete circuitry
for multi-purpose and single alarm systems to insure appropriate emergency
response.
b.
Any alarm system which requires for its operation electricity supplied
by a public utility may be equipped with a battery rendering it operable
in the event of a power outage if so desired by the property owners.
Such battery back-up system shall only be required for any alarm system
which will trigger itself automatically in the event of a power outage.
c.
Every burglar alarm system must be provided with a device which will
shut off the alarm after 15 minutes of activation.
d.
Every burglar alarm system not fitted with an external key switch
shall be equipped with a time delay of at least 15 seconds which may
include an audible signal of the same length of time, said time delay
to be designed to prevent accidental activation of the system. The
15 second signal, if utilized, shall be audible only within the structure
and not externally.
e.
No alarm system may be connected directly to the alarm system panel
located in the police department without the approval of the owner
of the alarm system panel and chief of police or his designee.
f.
No person shall install, cause to be installed, or permit to be installed,
any alarm device, by whatever name known, which automatically selects
a telephone line dedicated to the police department or fire department
for the purpose of playing a recorded message to report any emergency.
g.
In the event an alarm system, other than a fire or holdup alarm system,
is tied into and/or serviced by a central station or answering service,
upon activation of said alarm system, the central station or answering
service shall verify the validity of the alarm prior to notifying
the police department of same.
h.
No police, fire, or other public department or official shall be
responsible in any way for the resetting or maintenance of any alarm
system.
i.
No alarm business or person owning, using or possessing an alarm
system shall cause or permit the giving of repeated false alarms,
whether intentional, accidental or otherwise.
j.
A new homeowner, occupant or user possessing or using an alarm system
shall be responsible for notifying and reregistering the system with
the police department within 30 days of his purchase and/or transfer
of title of the property.
All information submitted in compliance with this section shall
be held in confidence and shall be deemed a record exempt from public
disclosure pursuant to state statute(s). Any violation of confidentiality
shall be deemed a violation of this section.
The provisions of this section shall not apply to any alarm system installed on property occupied by any township, county or state or federal government agency or office, nor to an independent smoke detector as defined in subsection 3-20.1f.
a.
Any person who fails to register said alarm system as required by
the provisions of this section is subject to a minimum fine of $50.
b.
Any owner or user of an alarm system which experiences more than
two false alarms within any one-year period shall be required to modify
or improve said system with a retrofit which will incorporate into
said system a mandatory audible 15 second signal which shall be designed
to prevent accidental activation of the system.
c.
Owners and users of alarm systems shall be subject to the following
minimum fine schedule for false alarms:
|
Number of False Alarms
|
Fire
|
Minimum Fine/Penalty Police/Burglar
|
|---|---|---|
|
3
|
$50
|
-0-
|
|
4
|
$75
|
-0-
|
|
5
|
$90
|
-0-
|
|
6 or more
|
$100
|
$100 each
|
|
Any owner or user of an alarm system who accidentally activates
his/her burglar alarm and promptly notifies the Hopewell Township
Police Department within two minutes after activation will not be
charged a false alarm call. This grace period shall not apply to fire
alarms.
|
d.
Any owner or user of an alarm system who installs such a system not
in compliance with this section is subject to a minimum fine of $50.
Additionally, said owner or user may be required to remove such an
alarm system.
e.
Any owner or user of an alarm system shall be notified by the Hopewell
Township Police Department in writing once two false alarms have occurred
with said system.
Any person who intentionally causes the giving of a false alarm
shall be in violation of N.J.S.A. 2C:33-3.
[Ord. 628]
For purposes of this section, the term "key" shall mean any
device or information needed to release a lock such as but not limited
to a mechanical key, a magnetic card or a pass code.
a.
Properties within the borough having an automatic fire alarm system
or a fire sprinkler system shall be required to have and maintain
rapid access key boxes.
b.
Properties within the borough on which hazardous materials are used,
handled or stored where the total aggregate quantity is more than
55 gallons, 500 pounds or 200 cubic feet, and such materials are in
the (3) or (4) range of the NFPA 704M symbol or materials are water
reactive or materials are radioactive shall be equipped with a HazMat
cabinet. This paragraph b shall not apply to underground fuel storage.
c.
This shall not apply to owner-occupied one- and two- family dwellings.
a.
Key boxes required under paragraphs a and b of subsection 3-20A.2 shall contain the following:
1.
Keys to locked points of egress, whether on inferior or exterior
of such buildings.
2.
Keys to locked mechanical rooms;
3.
Keys to locked elevator rooms;
4.
Keys to elevator controls;
5.
Keys to any fence or secured areas;
6.
Keys to other areas as directed by the Hopewell Valley Fire Official;
7.
A floor plan of the rooms within the building.
b.
In addition to the items required in paragraph a of this subsection, key boxes required under paragraph b of subsection 3-20A.2 shall also contain the following:
1.
Alphabetical list of all chemicals, room number, location and approximate
quantity and strength;
2.
Material Safety Data Sheets (MSDS) of all chemicals in alphabetical
order;
3.
A copy of the Emergency Response Plan (ERP);
4.
List of all responsible parties and phone numbers;
5.
Locations and types of automatic suppression systems.
c.
All keys contained within key boxes shall be labeled with the location
of the locks which they operate.
a.
In the case of a multi-tenanted or multi-use nonresidential building
where the tenants or uses share a main common entrance, at least one
key box for every five tenants or uses, as the case may be, shall
be installed at the main common entrance.
b.
In the case of multi-tenanted or multi-use nonresidential buildings
comprised of units with separate entrances (e.g., shopping centers
and office condominiums), at least one key box for every five tenants
or uses, as the case may be, shall be installed; provided, however,
that in no event shall the distance between the entrance from a unit
to the rapid access key box exceed 75 feet.
The owners of all existing buildings shall comply with the provisions
of this section within 12 months of its effective date.[1] The owners of all newly constructed buildings not yet
occupied or buildings under construction as of the effective date
of this ordinance, shall comply immediately.
[1]
Editor's Note: Ordinance No. 628, codified herein, was adopted
December 1, 2003.
a.
All key box contents required by subsection 3-20A.4 or placed in the key box voluntarily by the building owner or occupant including but not limited to the keys, access cards, pass codes, elevator controls, floor plans, hazardous materials inventories, or MSDS sheets shall be kept current with any changes to the building and its occupancy or contents.
b.
It shall be the responsibility of the building owner to notify the
Hopewell Valley Bureau of Fire Safety of any changes falling under
the requirements of paragraph a of this subsection within two days
thereof and make arrangements to update key box contents.
Any building owner violating this ordinance shall be subject to penalties as set forth in section 3-11 of this code.
The installation of the rapid access key box shall not preclude
any fire department, fire company or firefighter from using traditional
firefighting methods to gain access to the building to the extent
necessary to protect persons or property. The failure of any fire
department, fire company or firefighter to use the rapid access key
box shall not give rise to any liability.
[Ord. 709]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 509, 549 and 626.
[Amended 11-2-2023 by Ord. No. 871]
Dogs, cats, or any other domesticated living creatures.
An informal gathering of individuals for family, social,
or similar purposes. A gathering shall not qualify as an assembly
if the proposed purpose is connected with or in support of an entity.
The Borough of Hopewell.
Structures owned or exclusively controlled by the borough
and shall include but not be limited to Borough Hall, the Train Station
and Freight Shed, and the Gazebo.
Real property owned or exclusively controlled by the borough
and specifically designated as a park.
Any corporation, company, business, association. unincorporated
association, firm, partnership, or similar organization. The term
"entity" shall also include a political subdivision of this state
subject to municipal jurisdiction, for purposes of this section.
An assembly or meeting, as defined herein.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
A natural person.
A gathering of individuals for business purposes; or for
artistic, creative, educational, political or similar activities in
connection with or in support of a nonprofit or for-profit entity.
Any written license issued by the borough clerk permitting
an event in a borough facility.
The same meaning as "person" is defined in Section 1-2 of this Code, which shall also include any individual or entity as defined in this section.
Any motor vehicle, trailer, camper, go-cart, snowmobile,
motorcycle, off-road vehicle, dirtbike, minibike, or other vehicle
propelled by other than muscular power.
All animals neither human nor domesticated.
[Amended 2-6-2020 by Ord. No. 834]
An individual(s) or entity desiring to reserve a Borough facility
for an assembly, meeting, or private event shall first obtain an event
permit from the Borough Clerk in accordance with the following procedure:
a.
File an application with the Borough Clerk stating:
1.
The name and address of the individual who will sign the application.
2.
The name, address, telephone number and electronic mail address of
the individual(s) or entity sponsoring the event, if any.
3.
The date and hours for which the permit is desired.
4.
The specific Borough facility or portion thereof for which the permit
is desired.
5.
The nature of the event to be conducted and the approximate number
of individuals who will attend and/or participate. A reservation for
the use of the Hopewell Park Volunteer's Bandstand is required only
for gatherings where 15 or more individuals are anticipated to be
in attendance.
6.
Whether
or not wine or malt alcoholic beverages will be served. The option
of serving or consuming wine or malt alcoholic beverages is limited
to the interior of the Train Station and Freight Shed facilities for
private, noncommercial uses only. Permission may be granted to serve
and/or consume wine or malt alcoholic beverages outdoors in the park
area east of and adjacent to the train station when an applicant has
secured a social affair permit issued by the State of New Jersey Division
of Alcoholic Beverages. A sketch of the defined outdoor area where
wine or malt alcoholic beverages is intended to be served and/or consumed
shall require final approval by the Borough.
7.
No permit
that indicates alcohol will be served or consumed shall be approved
for any event that includes an entrance fee or for the sale of alcohol,
except when an applicant has secured a social affair permit issued
by the State of New Jersey Division of Alcoholic Beverages. Permit
applications for events at which wine and/or malt alcoholic beverages
will be served or consumed shall indicate compliance with all state
and local laws, including but not limited to the prohibition of serving,
or allowing to be served, alcohol to persons under the legal drinking
age.
b.
All permit applications must be submitted at least 10 days prior
to the date for which the permit is sought.
c.
Standards for the issuance of a permit to be considered by the Borough
Clerk shall include the following findings:
1.
That the proposed event will not require expense by the Borough,
including but not limited to expenses resulting from post-event cleanup
by Borough staff, or from police operations.
2.
That the event and use of the facility will not violate its maximum
building capacity.
3.
That the facilities requested have not been reserved for another
use at the date and time requested in the application,
[Ord. No. 709 § 1]
Within five days after the receipt of an application, the borough clerk shall notify an applicant, in writing, if the permit is granted or denied; if denied, the notice shall include the reason(s) for the denial. If the permit is granted, the permittee shall be bound by all rules and regulations in force at the particular facility, as well as the requirements set forth in the borough code, including but not limited to Section 3-1 of Chapter 3 entitled "Noise," as well as all applicable ordinances.
[Ord. 709, S 1; Ord. 749, S 4; Ord. No.
768 § 2]
No individual shall:
a.
Possess or consume any type of alcoholic beverage, except as permitted under Subsections 3-21. 2 and 3-21.9.
[Amended 2-6-2020 by Ord. No. 834]
b.
Leave garbage or trash of any type on the premises.
c.
Willfully mark, deface, disfigure or remove any structure, furnishings
or any other property of the borough.
[Ord. No. 709 § 1;
amended 11-2-2023 by Ord. No. 871]
In addition to the activities prohibited in subsection 3-21.4, the following prohibitions apply specifically to Borough parks and other Borough real property, collectively referred to as "parks." No person shall in any park or other Borough real property:
a.
Deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage or refuse or other trash. No such
refuse or trash shall be placed in any waters in or contiguous to
any park or be left anywhere on the grounds thereof, but shall be
placed in the proper receptacles where these are provided. Where receptacles
are not provided, all such rubbish or waste shall be carried away
from the park by the person responsible for its presence and be properly
disposed of elsewhere.
b.
Operate any vehicle within the confines of the park. All motor vehicles
driven on park property shall be driven only on paved roads and may
be parked only in a designated motor vehicle parking area. No other
motorized vehicles shall be permitted.
c.
Ride or drive a horse.
d.
Hunt, molest, harm, frighten, kill, trap, pursue or tease any animal,
wildlife, reptile or bird, or remove, sell or give away any such creature.
e.
Carry or use firearms, weapons or implements of any description potentially
dangerous to humans, animals or wildlife.
f.
Shoot into park areas from beyond park boundaries. This violates
New Jersey State law.
g.
Build or attempt to build a fire in a portable barbecue grill or
in any place other than permanent grills, or with any material other
than charcoal; leave lighted matches, burning cigarettes or other
flammable material within the park.
h.
Possess or ignite any firecrackers, torpedo rockets or other fireworks,
or explosives, or any substances that can be combined to create an
explosive or explosive device.
i.
Post, paint or affix any message or advertisement on Borough property,
or leave on premises, any placard, ticket, handbill, circular, or
advertisement, except as permitted in the community bulletin board
located at the park entrance at Greenwood and Columbia Avenues.
j.
Display any flags, banners, transparencies, targets, signs, placards
or any other matter for commercial advertising purposes.
k.
Operate any musical instrument, or use amplified sound for advertising
purposes without prior approval by the Borough.
l.
Construct or erect a structure of any kind, whether permanent or
temporary; or run or string any public service utility into, upon
or within a park, except after having received prior written permission
from the Borough or other appropriate authority.
m.
Expose or offer for sale any item, or place any stand, cart or vehicle
for the transportation, sale or display of any such item without first
obtaining a permit from the Borough clerk.
n.
Bring a dog or other domestic animal into those areas where such
animals are prohibited, unless such animal is restrained at all times
on an adequate leash not greater than six feet in length, and any
excretion of such animal on park property is wrapped and disposed
of in a proper receptacle.
o.
Damage, cut, or remove any tree or plant or injure the bark or pick
flowers or seed of any tree or plant, dig in or otherwise disturb
grass areas or in any other way injure the natural beauty or usefulness
of any area.
p.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials or make any excavation by tool, equipment,
blasting or other means.
q.
Walk, stand or sit upon monuments, vases, planters, fountains, railings,
fences or upon any other property not designated or customarily used
for such purposes.
r.
Tie or hitch an animal to any tree or plant.
s.
Willfully mark, deface, damage, tamper with, displace or remove any
buildings, bridges, tables, benches, railings, paving, monuments,
or other structures or equipment, facilities or Borough property,
either real or personal.
t.
Set up tents, shacks or any other temporary shelter for the purpose
of overnight camping, or any special vehicle to be used or that could
be used for such purpose, including but not limited to a house trailer,
camp trailer or recreation vehicle (RV).
u.
Remove, relocate or open permanent or temporary barriers, signs,
gates or fences.
v.
Enter an area posted as "closed to the public," or aid or abet another
to use an area in violation of posted notices.
w.
Feed any
wildlife, excluding feral cats as part of an approved trap-neuter-release
program.
[Ord. No. 709 § 1]
Except for unusual and unforeseen emergencies, the parks shall
be open to the public every day of the year between the hours of one-half
hour before sunrise until one-half hour after sunset, provided however,
that for programs or events sponsored by the borough or approved by
the borough clerk, said hours may be extended during any such program
or event. The opening and closing hours for the parks shall be posted
therein for public information.
[Ord. No. 709 § 1]
[Ord. No. 709 § 1;
amended 11-2-2023 by Ord. No. 871]
a.
The provisions
of this section shall be enforced by the Police Department, Administrator
(or designee) and/or such other municipal officers or employees during
the course of ordinary enforcement activities.
b.
Any person
observed to be violating the provisions of this section shall be ordered
to cease the unlawful conduct immediately.
c.
Any person who violates the requirements of this § 3-21 shall also be subject to a minimum fine of $100 but not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. 709, S 1; Ord. 749, S 2; Ord. No.
768 § 2; amended 2-6-2020 by Ord. No. 834]
a.
The individual or entity to which a permit has been issued shall
be liable for all loss or damage to the property, or injury sustained
by any individual or person by reason of the negligence of the individual
or entity to which such permit shall have been issued, or the negligence
of their invitees.
b.
In addition to the requirements stated in this section, the person
shall submit with its reservation request a certificate of liability
insurance confirming general liability insurance with coverage for
bodily injury and property damage of at least $1,000,000 combined
single limit each occurrence, naming the Borough as an additional
insured.
c.
In the event alcoholic beverages that are strictly limited to wine
or malt alcoholic beverages will be consumed at an event for which
a reservation is sought, the requestor must also provide proof that
its insurance as set forth above includes host liquor coverage.
[Ord. 709, S 1; Ord. 749, SS 1, 3; Ord.
No. 768 §§ 1, 2]
Any individual or entity seeking to use borough facilities for
an event that is not sponsored by the borough, shall pay rental fees
in accordance with the following schedule:
b.
c.
Fee Waiver. The rental fees set forth in this subsection 3-21.10 shall be waived for nonprofit organizations. A "nonprofit organization" shall mean (1) any organization tax exempt under the Internal Revenue Code § 501(c)(3); (2) any organization created under or otherwise subject to the provisions of Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the borough and/or the Hopewell Valley Regional School District, including but not limited to schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes; or (5) any department within the borough's governmental structure, including, but not limited to, the Hopewell Police Department and any volunteer fire, first-aid or rescue squad that is located in, has a substantial membership from or serves the borough.
d.
(Reserved)
[Ord. No. 709 § 1]
Under circumstances that may not fit squarely within the uses or procedures set forth in this section 3-21, the borough administrator shall have the discretion and authority to modify or waive the requirements of this section.
[Ord. No. 768 § 2]
Refunds for facility rentals shall be non-refundable; however,
the Borough Administrator shall have the authority to permit reservation
date changes and to recommend the issuance of refunds whenever unavoidable
or extenuating circumstances affecting the renter is determined to
be present.
[Ord. No. 768 § 2]
A building cleaning fee of $75 shall be assessed to any renter
of the train station or freight shed building that does not leave
the facility in a condition suitable to the next renter if trash and
other event debris is left behind at the conclusion of the rental
period.
[Ord. 580; Ord. 709]
[1]
Editor's Note: Former Section 3-22, Tobacco Vending Machines
and Self-Service Displays Prohibited, previously codified herein and
containing portions of Ordinance No. 580, was repealed in its entirety
by Ordinance No. 709.
[Ord. 596]
The borough council hereby finds and declares that:
a.
Findings.
1.
The uncontrolled placement of newspaper vending machines (hereinafter
"newsracks") in public rights-of-way and semi-public rights-of-way
presents an inconvenience and danger to the safety and welfare of
persons using such rights-of-way, including pedestrians, persons entering
and leaving vehicles and buildings, and persons performing essential
utility, traffic control and emergency services.
2.
Newsracks so located constitute an unreasonable interference with,
and obstruction of, the use of public rights-of-way and semi-public
rights-of-way, are offensive to the senses, inconsistent with the
purposes of the Hopewell Borough Historic District Ordinance, and
constitute such an obstruction of the free use of property as to interfere
in the comfortable enjoyment of life and property by the entire community.
b.
Purpose. The provisions and prohibitions hereinafter enacted are
in pursuance of securing and promoting the general welfare of persons
in the borough in their use of public rights-of-way and semi-public
rights-of-way through the regulation of placement, appearance, size,
and servicing of newsracks so as to:
1.
Ensure no unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress to, or egress from, any place
of business or from the street to the sidewalk;
2.
Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs and signals, hydrants, mailboxes, and
similar appurtenances, and access to locations used for public transportation
purposes;
3.
Reduce visual blight on the public rights-of-way and semi-public
rights-of-way, protect the aesthetics and value of surrounding properties,
and protect the quiet of residential areas; and
4.
Reduce exposure of the borough to personal injury or property damage
claims and litigation.
c.
Preservation of Constitutional Rights. It is not the intent of this
section to in any way discriminate against, or interfere with the
publication, circulation, distribution, or dissemination of any printed
material that is constitutionally protected.
When used in this section, the following terms shall have the
meanings indicated:
Shall mean the person responsible for placing and maintaining
a newsrack in a public right-of-way and semi-public right-of-way.
Shall mean any self-service or coin-operated box, container,
storage unit or other mechanical device designed to dispense newspapers,
periodicals, magazines or other booklets for retail consumption.
Shall mean any person or persons, or entity including, but
not limited to, a corporation, partnership, unincorporated association
or joint venture.
Shall mean any area or right-of-way which is open to public
use or to which the public is invited pursuant to N.J.S.A. 40:48-2.46.
Shall mean an improved path designed or ordinarily used for
pedestrian use within any public or semi-public area.
Shall mean any street, avenue, boulevard, road, parkway,
cartway viaduct, drive or other way: (1) which is an existing state,
county, or municipal roadway; or (2) which is shown on a plat heretofore
approved, pursuant to law; or (3) which is an area that is open to
public use or to which the public is invited pursuant to N.J.S.A.
40:48-2.46.
a.
No person shall install, use, or maintain any newsrack in any location other than those listed in subsection 3-23.5 of this section, and
b.
No person shall install, use or maintain any newsrack placed on any private property, as may be included in those permitted locations listed in subsection 3-23.5 of this section, prior to the owner of that newsrack filing written consent for the placement of such newsrack from the owner of such private property with the borough zoning officer.
a.
No newsrack shall exceed four feet in height, 24 inches in width,
or 20 inches in depth.
b.
Each newsrack shall provide a self-latching access door to prevent
newsrack contents from inadvertently becoming a litter problem for
the area.
c.
No newsrack shall be used for advertising signs or publicity purposes
other than that dealing with the display, sale, or purchase of the
newspaper or news periodical sold therein.
d.
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
e.
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction, or to
secure a refund in the event of malfunction of the coin-return mechanism,
or to give the notices provided for in this section.
f.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times.
a.
No newsrack shall be placed, installed, used or maintained in other
than the following permitted locations:
1.
West Broad Street (south side); R-100 zone; Block 25, Lot 1.01; right-of-way
or nonresidential private property placement.
2.
South Greenwood Avenue (west side); R-100 zone; Block 25, Lot 82;
Post Office Building; existing private property placement.
3.
Hamilton Avenue (east side); M-R zone; Block 18, Lot 1; right-of-way
location only.
4.
East Broad Street (south side); B-R zone; Block 32, Lot 1; right-of-way
location only.
5.
East Broad Street (south side) B-R zone; Block 31, Lot 1; right-of-way
location only.
6.
East Broad Street (north side); B-R zone; Block 23, Lots 10, 11 and
12; right-of-way location only.
7.
East Broad Street (north side); B-R zone; Block 22, Lot 7; Village
Center Shops; existing private property placement only.
b.
Existing newsracks not placed at a permitted location shall be relocated to a permitted location in accordance with the installation procedures under subsection 3-23.6. Said relocation shall be completed within 90 days of adoption of this section.[1] Distributors of newsracks not conforming to said standards
shall be notified of said noncompliance by the borough clerk and given
90 days to comply with said standards.
[1]
Editor's Note: Ordinance No. 596 which established this section
was adopted November 8, 1999.
c.
Existing newsracks placed within a permitted location shall be inspected by the borough engineer for conformance to the standards of subsections 3-23.4, 3-23.5 and 3-23.6. Distributors of newsracks not conforming to said standards shall be notified of said nonconformance by the borough clerk and given 90 days to comply with said standards.
d.
Requests for the placement of newsracks in other than the permitted locations identified in paragraph a above, shall be made to the borough clerk. The borough clerk shall immediately forward said requests to the borough planning board for a determination of proposed location appropriateness with respect to traffic and pedestrian safety and historic district considerations. The planning board shall, within 35 days of such request, submit its findings to borough council. If approved by borough council, newsrack placement shall follow the procedures outlined in subsection 3-23.6.
a.
The specific placement of newsracks within any permitted location as listed under subsection 3-23.5 shall be supervised by the borough engineer. Distributors wishing to place a newsrack at a permitted location shall contact the borough engineer prior to placement for specific placement approval. The following placement standards shall be utilized by the distributor and the borough engineer:
1.
No newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, or semi-public right-of-way.
2.
Newsracks shall be securely anchored so as to prevent injury or property
damage due to tipping or overturning.
3.
No newsrack shall be located within any sight triangle as defined
in the Borough Zoning Ordinance and/or as may be determined by the
borough engineer.
4.
Multiple newsracks within approved locations shall be tightly grouped
together, rather than randomly placed, in accordance with directions
by the borough engineer.
b.
Upon agreement between a distributor and the borough engineer for
specific placement within a permitted location, the newsrack may be
installed and the borough engineer shall affix an "approved placement"
certificate, or other means of identification, to said newsrack.
Any newsrack maintained in the borough which creates a hazard
to pedestrians or obstructs traffic or interferes with the response
to an emergency situation by a public officer, fire fighter, ambulance
or medic may be summarily relocated by a public officer of the borough
to the nearest location not presenting said hazard. Any such relocation
shall be reported as soon as reasonably possible to the borough clerk
who shall thereafter notify the distributor of the newsrack as soon
as possible of the new location. The distributor may thereafter relocate
the newsrack to any location that will otherwise comply with the terms
of this section.
In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in subsection 3-23.9 for newsracks in violation of this section.
If the zoning officer shall determine that a newsrack does not
comply with the provisions of this section, then the zoning officer
is hereby empowered to remove such newsrack and, at the expense of
the distributor, return such newsrack to the distributor identified
on the newsrack.
[Ord. 626; Ord. 702]
Any person who seeks to use the borough's train station facility
or freight shed facility for a nonmunicipally sponsored event or program
shall reserve the facility through the borough clerk. A single application
may be used to reserve the facility for one or more dates during a
twelve-month period. Reservations shall be obtained by application
to the borough clerk in accordance with the following procedure:
a.
A person seeking to reserve the facility shall file a written request
with the borough clerk stating:
1.
The name and address of the requestor.
2.
The name and address of the person, persons, corporation or association
sponsoring the event, if any.
3.
The day(s) and hours for which the reservation is desired.
4.
The nature of the event and approximate number of persons who will
attend such event. The maximum building capacity of each facility
is 50 persons.
5.
Whether alcoholic beverages will be served for consumption at the
event.
b.
All reservation requests shall be submitted at least 10 days prior
to the day (or first day, as the case may be) for which the permit
is sought.
c.
Reservations shall be issued on a first come, first served basis
to those requesters that are in compliance with this section.
d.
Standards for granting of a facility reservation shall include the
following findings:
1.
That the proposed event or use will not unreasonably interfere with
or detract from the promotion of public health, safety and recreation.
2.
That the proposed event or use that is reasonably anticipated will
not include violence, crime or disorderly conduct.
3.
That the event and use of the facility will not violate the maximum
building capacity of the facility.
4.
That the facility has not been reserved for other use at the date
and hour requested.
e.
Appeal Where Reservation Request Refused. The requester shall have the same right to appeal a denial of a reservation request as set forth in subsection 3-21.5e of this chapter, entitled "Appeal Where Permit Refused," except that the borough council's review of the application, if any, shall be in accordance with the standards set forth under paragraph e above.
f.
Liability for Losses. The person to whom a reservation is granted
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of the negligence of the person to whom such reservation
shall have been issued.
g.
Liability Insurance; Host Liquor Liability Insurance.
1.
In addition to the requirements stated in this section, the person
shall submit with its reservation request a certificate of liability
insurance confirming general liability insurance with coverage for
bodily injury and property damage of at least $1,000,000 combined
single limit each occurrence, naming the borough as an additional
insured.
2.
In the event alcoholic beverages will be consumed at an event for
which a reservation is sought, the requester must also provide proof
that its insurance as set forth above includes host liquor coverage.
Any person or group seeking to use the borough's train station facility or freight shed facility for an event or program that is not sponsored by the borough, pursuant to the procedures, requirements and restrictions set forth in subsection 3-24.1 shall pay rental fees in accordance with the following schedule:
c.
Fee Waiver. The rental fees set forth in this subsection 3-24.2 shall be waived for nonprofit organizations. A "nonprofit organization" shall mean (1) any organization tax exempt under the Internal Revenue Code § 501(c)(3); (2) any organization created under or otherwise subject to the provisions of Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the borough and/or the Hopewell Valley Regional School District, including but not limited to schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes; or (5) any department within the borough's governmental structure, including, but not limited to, the Hopewell Police Department and any volunteer fire, first-aid or rescue squad that is located in, has a substantial membership from or serves the borough.
d.
Fee Reduction for Multiple Users. A person or group renting one or
both facilities five times or more in a twelve-month period, shall
be entitled to a 50% reduction in the rental fees for those uses,
payable as a reimbursement from the borough within 30 days after the
expiration of the twelve-month period, as may be otherwise determined
by the borough administrator.
[Ord. 661]
Pursuant to the provisions of N.J.S.A. 40:48-1.2, it shall be
unlawful for any person who is under the legal age to purchase alcoholic
beverages, to knowingly possess same without legal authority or knowingly
consume any alcoholic beverage on private property.
Notwithstanding the above-mentioned provisions, in accordance with N.J.S.A. 40:48-1.2c, nothing in subsection 3-25.1 shall serve to prohibit:
a.
An underage person from consuming or possessing an alcoholic beverage
in connection with a religious observance, ceremony or rite or consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian or relative who has attained the
legal age to purchase and consume alcoholic beverages.
1.
For the purposes of this section, "guardian" shall mean a person
who has qualified as a guardian of the underage person pursuant to
testamentary or court appointment.
2.
"Relative" shall mean the underage person's parent, grandparent,
aunt, uncle, sibling or any other person related by blood or affinity.
b.
The possession of alcoholic beverages by any underage person while
actually engaged in the performance of employment by a person who
is licensed under Title 33 of the Revised Statutes, or while actively
engaged in the preparation of food while enrolled in a culinary arts
or hotel management program at a county vocational school or postsecondary
educational institution; however, this section shall not be construed
to preclude the imposition of a penalty under this section, N.J.S.A.
33:1-81, or any other section of the law against a person who is convicted
of unlawful alcoholic beverage activity on or at premises licensed
for the sale of alcoholic beverages.
a.
Any person convicted for violating the terms of this section shall
be subject to the following fines:
b.
Additionally, the court may, upon a finding of guilty, in addition
to the fine authorized for this offense, suspend or postpone for six
months the driving privileges of the defendant.
1.
Upon conviction of any person and the suspension or postponement
of that person's driver's license, the court shall forward a report
to the Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to this section.
2.
If a person at the time of the imposition of a sentence is less than
17 years of age, the period of license postponement, including a suspension
or postponement of the privilege of operating a motorized bicycle,
shall commence on the day the sentence is imposed and shall run for
a period of six months after the person reaches the age of 17 years.
3.
If the defendant at the time of the imposition of the sentence has
a valid driver's license issued by this state, the court shall immediately
collect the license and forward it to the Motor Vehicle Commission
along with the report. If for any reason the license cannot be collected,
the court shall include in the report the complete name, address,
date of birth, eye color and sex of the person as well as the first
and last date of the license suspension period imposed by the court.
4.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of suspension or postponement, the person shall be subject to the
penalties set forth in N.J.S.A. 39:3-40. The individual shall be required
to acknowledge in writing the receipt of the written notice. Failure
to receive a written notice or failure to acknowledge in writing the
receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
5.
If the person convicted under this section is not a New Jersey resident,
the court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit to the Motor Vehicle Commission the required report. The court
shall not collect the license of a nonresident person convicted under
this section. Upon receipt of a report by the court, the Motor Vehicle
Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[Ord. 751]
No person shall discharge any cannon, artillery, small arm,
gun, pistol, rocket, squib or powder cracker unless licensed by the
borough or other lawful authority to do so.
No person shall sell, expose for sale, deliver or offer to any
person a torpedo, blank cartridge firecracker, squib, rocket, roman
candle, red fire, or fireworks of any kind except upon the production
of a written permit produced by the purchaser and issued by the borough
council.
No person shall discharge or ignite any toy cannon, pistol,
shotgun, or other explosive device or any torpedo, firecracker, squib,
rocket, roman candle, red fire, sparkler or fireworks of any kind
unless licensed by the borough council or otherwise permitted by law.
An individual or entity that violates the requirements of this section 3-26 shall be subject to a fine not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. 751]
Any person who shall purchase, keep, display or discharge fireworks
in the borough in connection with a public celebration or exhibition
shall first obtain a permit from the borough council.
Application shall be made in writing and in such form as shall
be required by the borough clerk.
It shall set forth:
Upon favorable action by the borough council, the clerk shall
issue a permit, which permit shall incorporate by reference and be
subject to the facts set forth in the application and such other conditions
as may have been required by the borough council.
An individual or entity that violates the requirements of this section 3-27 shall be subject to a fine not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. No. 826]
The intent of this section is to adopt regulations relating
to and limiting the use of single-use carry out plastic bags by businesses
in the Borough of Hopewell. The regulations are intended as necessary
and proper steps by the Borough to incentivize the use of reusable
bags at businesses.
[Ord. No. 826]
The following words, phrases and terms as used in this section
are hereby defined for the purpose thereof as follows.
For the purpose of this section, any retail establishment
that engages in the retail sale of goods and products. The definition
includes, but is not limited to, pharmacies, convenience stores, antique
and general merchandise stores, dry cleaners, food service establishments
and personal service establishments.
Any person purchasing goods from a store.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery.
Items that are prepared and made to be sold, including, but
not limited to, clothing, groceries, prepared food, foodstuffs, meat,
dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products,
toys, and any and all other things and items sold at retail by businesses
and stores.
The person in control of, or having the responsibility for,
the operation of a store, which may include, but is not limited to,
the owner of the store.
Any establishment that provides services involving the care
of a person or his or her personal needs or apparel.
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" provided at
the check-out stand, cash register, point of sale, or other point
of departure for the purpose of transporting goods or products out
of the establishment. The term single-use, plastic carryout bag does
not include reusable bags, produce bags, or garment bags.
A material that would otherwise be destined for solid waste
disposal, having completed its intended use and product life cycle.
"Postconsumer recycled material" does not include materials and by-products
generated from, and commonly reused within, an original manufacturing
and fabrication process.
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to the point of
sale inside a store or to prevent such items from coming into direct
contact with other purchased items, where such contact could damage
or contaminate other food or merchandise when placed together in a
reusable or recycled bag.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product.
A paper bag (of any size) that is 100% recyclable, is capable
of composting and is accepted for recycling in curbside programs in
the Borough.
The sale of goods and products for use and/or consumption.
A bag that is designed and manufactured to withstand repeated
uses over a period of time, is machine washable or made from a material
that can be cleaned and disinfected regularly.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is machine washable or is made from a material
that can be cleaned or disinfected. Such bag shall be designed to
accommodate a minimum of 75 reuses and carry at least 18 pounds.
A bag made of plastic, paper, or other material that is provided
by a store to a customer at the point of sale and that is not a recycled
paper bag or reusable grocery bag.
"Single-use carryout bag" does not include the following:
A bag provided by a pharmacy to a customer purchasing a prescription
medicine that are intended to separate such items in order to reduce
contamination or maintain cleanliness.
A non-handled bag used to protect a purchased item from damaging
or contaminating other purchased items when placed in a recycled paper
bag, a reusable grocery bag, or a compostable plastic bag.
A bag provided to contain an unwrapped food item.
A non-handled bag that is designed to be placed over articles
of clothing on a hanger.
[Ord. No. 826]
Beginning with the effective date of this section (Ord. No.
826 adopted November 1, 2018), and lasting for a period of no less
than nine months, the Borough of Hopewell shall develop an education
and outreach program to encourage the transition from single-use plastic
carryout bags to alternatives including reusable bags (hereafter the
"Education Period"). The Borough shall work with area nonprofits and
education groups to develop and implement a plan to build public awareness
among the area businesses, create education materials for voluntary
use by businesses in educating customers at point of sale locations
and securing reasonably priced or donated alternatives to plastic
bags for consumer use. The Economic Development Committee is hereby
tasked with implementing such program and reporting back to Council
on the results (the "Education Period Report"). Following the receipt
and acceptance of Council by resolution of the Education Period Report,
the Education Period shall be deemed completed. The Education Period
may be extended by Council for such period and with such conditions
as it deems necessary.
[Ord. No. 826]
Starting on the date which shall be no less than 60 days following
the approval of Council by resolution of the Education Period Report
(hereafter, the "Enforcement Period"), no business or store shall
provide any single-use, plastic carryout bags to a customer at the
check stand, cash register, point of sale, or other point of departure
for the purpose of transporting products or goods out of the business
or store, except as otherwise provided in this chapter.
[Ord. No. 826]
During the Enforcement Period, all stores that elect to provide
carryout bags to a customer for the purpose of carrying away goods
or other material from the point of sale, subject to the terms of
this section, shall provide or make available to a customer only recyclable
paper carryout bags or reusable bags. Nothing in this section prohibits
customers from using bags of any type which the customer may bring
to the store themselves or from carrying away goods that are not placed
in a bag, in lieu of using bags provided by the store.
[Ord. No. 826]
During the Enforcement Period, all stores that do not provide
paper carryout bags must provide reusable bags to customers, either
for sale or at no charge. Stores are strongly encouraged to educate
their staff to promote the use of reusable bags and to post signs
and other informational materials encouraging customers to use reusable
bags and to participate in the education plan developed during the
Education Period.
[Ord. No. 826]
Authority for Investigation and Enforcement during Enforcement
Period. The Borough Administrator is hereby authorized to make all
necessary and reasonable rules and regulations, subject to the approval
of the Hopewell Borough Council, needed to enforce the provisions
of this section. The Administrator may request, and shall receive,
the assistance and cooperation of law enforcement to assist in the
discharge of these duties, if necessary.
Enforcement authority includes the authority to investigate
all reported or apparent violations of any of the provisions of this
section. If a violation is determined to exist, the Administrator
will attempt to obtain voluntary compliance for a period of no less
than 30 days. If following such period, compliance with this section
has not been achieved to the satisfaction of the Borough Administrator,
a notice of violation shall be issued by the Borough, followed by
a summons in accordance with this section.
[Ord. No. 826]
Any business violating any provisions of this section shall
be liable as follows:
a.
For the first violation, a fine of not less than $50.
b.
For a second violation, a fine of not less than $100.
c.
For a third violation, a fine of not less than $150.
d.
For a fourth and each additional violation thereafter, a fine of
not less than $250.
Each violation of the provisions of this section for which a
summons has been issued shall be deemed to be a separate violation
hereof.
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
The regulations set forth in this Section 3-29 are intended to comply with the requirements of the New Jersey Department of Environmental Protection Stormwater Management Regulations and protect the municipal separate storm sewer system.
[Added 11-2-2023 by Ord.
No. 870]
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. To the extent applicable, the terms below
shall be construed consistently with corresponding definitions in
the New Jersey Pollutant Discharge Elimination System (NJPDES) rules
at N.J.A.C. 7:14A-1.2.
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
Waste and wastewater from humans or household operations.
Any physical or non-physical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough, unless that discharge is authorized
under a NJPDES permit other than the Tier A Municipal Stormwater General
Permit (NJPDES Permit Number NJ0141852). Non-physical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Non-domestic waste, including, but not limited to, those
pollutants regulated under Section 307(a), (b), or (c) of the Federal
Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough or other public body, and is designed and used for
collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may however contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall).
As used herein, a fabric frame structure is a permanent structure
if it meets the following specifications:
Concrete wall, concrete blocks, jersey barriers or other similar
material shall be placed around the interior of the structure to protect
the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
Shall have the same meaning as "person" is defined in Section 1-2 of this Code, and shall also include any political subdivision of this state subject to municipal jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, 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.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Leaves and grass clippings.
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
The purpose of this subsection 3-29.3 is to prohibit illicit connections to the municipal separate storm sewer system operated by the Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 11-2-2023 by Ord.
No. 870]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough any domestic sewage, noncontact cooling water,
process wastewater, or other industrial waste (other than stormwater).
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
The purpose of this subsection 3-29.4 is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 11-2-2023 by Ord.
No. 870]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
is prohibited. The spilling, dumping, or disposal of materials other
than stormwater in such a manner as to cause the discharge of pollutants
to the municipal separate storm sewer system is also prohibited.
[Added 11-2-2023 by Ord.
No. 870]
The following activities shall be excepted from the prohibition in subsection 3-29.4.2 above:
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
c.
Air-conditioning condensate (excluding contact and noncontact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from firefighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded. Rinsing of equipment, as noted in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
The purpose of this subsection 3-29.5 is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, in a manner to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 11-2-2023 by Ord.
No. 870]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Added 11-2-2023 by Ord.
No. 870]
Storm drain inlets identified in subsection 3-29.5.2 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 3-29.5.3c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than 7.0 square inches, or is no greater than 0.5
inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
The purpose of this subsection 3-29.6 is to establish requirements for the proper handling and collection of yard waste in the Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Added 11-2-2023 by Ord.
No. 870]
Except as permitted in subsection 3-29.6.3 below:
a.
The owner or occupant of any property, or any employee or contractor
of such owner or occupant engaged to provide lawn care or landscaping
services, shall not sweep, rake, blow or otherwise place yard waste,
unless the yard waste is containerized, in the street; and
b.
If yard waste that is not containerized is placed in the street,
the party responsible for placement of yard waste must remove the
yard waste from the street or said party shall be deemed in violation
of this section.
[Added 11-2-2023 by Ord.
No. 870]
a.
Yard waste that is not containerized may be left at the curb or along
the street only when authorized by the municipality and in advance
of scheduled and announced collection. In no event shall yard waste
be placed at the curb or along the street any earlier than seven days
prior to the Borough's scheduled and announced collection.
b.
Sweeping, raking, blowing or otherwise placing yard waste that is
not containerized at the curb or along the street is only allowed
during the seven days prior to the scheduled and announced collection.
c.
Yard waste that is not containerized shall not be placed closer than
10 feet from any storm drain inlet.
d.
Placement of such yard waste at the curb or along the street at any
other time or in any other manner is a violation of this section.
If such placement of yard waste occurs, the party responsible for
placement of the yard waste must remove the yard waste from the street
or said party shall be deemed in violation of this section.
[Added 11-2-2023 by Ord.
No. 870]
[Added 11-2-2023 by Ord.
No. 870]
a.
The purpose of this subsection 3-29.7 is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
b.
This section establishes requirements for the storage of salt and
other solid de-icing materials on properties not owned or operated
by the Borough (privately-owned), including residences, in the Borough
to protect the environment, public health, safety and welfare, and
to prescribe penalties for failure to comply.
[Added 11-2-2023 by Ord.
No. 870]
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16
and October 14.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 to April 15.
c.
All temporary and permanent structures shall also comply with all
provisions of this Code, including, but not limited to, all construction,
building and land use requirements.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on-site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials stored at their residences are required to perform weekly
inspections.
[Added 11-2-2023 by Ord.
No. 870]
a.
Residents may store de-icing materials at their residences outside
in a solid-walled, closed container that prevents precipitation from
entering and exiting the container, and which prevents the de-icing
materials from leaking or spilling out. Under these circumstances,
weekly inspections are not necessary, but repair or replacement of
damaged or inadequate containers shall occur within two weeks.
b.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 3-29.7.2 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
c.
This section does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
d.
If the municipal enforcing officer(s) or personnel identified in subsection 3-29.8 below find any person to be in violation of the provisions governing privately owned salt storage, said official(s) or personnel shall provide written notice of same to the person in violation. The person shall have 72 hours of the issuance of the written notice to complete corrective action necessary to abate the violation. Repeat violations and/or failure to complete corrective action within the time permitted shall result in penalties and fines as set forth in subsection 3-29.9 below.
[Added 11-2-2023 by Ord.
No. 870]
This Section 3-29 shall be enforced by the Police Department, Municipal Engineer, Zoning Officer, Administrator (or designee) and/or other municipal officials or employees as appropriate and during the course of ordinary enforcement duties.
