Township of Scotch Plains, NJ
Union County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[New]
For violation of any provision of this chapter, any other chapter of this revision, or any other ordinance of the Township where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000, or imprisonment for a period not exceeding 30 days, or both. (N.J.S.A. 40:49-5)
Except as otherwise provided every day in which a violation of any provision of his chapter or any other ordinance of the Township exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for t very violation . Any lesser penalty, including a nominal penalty § r no penalty at all, may be appropriate for a particular case or violation.
The Township council may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which s hall consist of a fine which may be fixed at an amount not exceeding $100. (N.J.S.A. 40: 49-5)
[Ord. No. 72-6]
a. 
OWNER - Shall mean any person, firm or corporation owning, possessing, occupying or having custody of lands in the Township.
b. 
MOTOR VEHICLE - Shall mean any self-propelled vehicle or part thereof, machine or part of machine of any nature whatsoever .
c. 
PARKING - Shall mean and include the parking, placement or storage of any motor vehicle as hereinabove defined.
d. 
The words PERSON, OWNER, POSSESSOR OR OCCUPANT used in this section - Shall mean any individual person, group of persons, partnership, corporation, firm, association or any other entity.
a. 
It is hereby determined and declared that the placing, parking, abandonment, leaving or storing out of doors on public or private property of any motor vehicle not currently in use for transportation, or not licensed for the current license year with a currently dated inspection sticker, or any unused machinery, machine, appliance, equipment or parts thereof, is contrary and inimical to the public welfare in that such articles so placed, parked, stored or abandoned, attract or may attract persons of tender years, who, being so attracted, may play in or about such articles and be injured in so doing and in that such articles so placed, abandoned or left out of doors exposed to the elements, deteriorate and in themselves are unsightly and are detrimental to and depreciate the value of properties where they are located.
b. 
No person shall place, park, abandon, leave, keep, store or suffer or permit the placing, parking, abandoning, leaving, keeping or storing of any article described in paragraph a of this section out of doors upon any public or private land in the Township or between the right-of-way sidelines of any public thoroughfare therein except where such parking is specifically authorized by the zoning ordinance of the Township, or by a variance granted by the Board of adjustment or Planning Board. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage.
Upon complaint of any resident § r property owner or employee of said Township, or upon the motion of the Chief of Police of the Township, or his designated agent, the Chief of Police or his designated agent shall make an investigation of the condition complained of, and if a violation of one or more of the provisions of this section is determined to exist on the land, the Police Chief or his designated agent shall notify the owner in writing either personally or by certified mail, return receipt requested, of the existence of such violation, and shall order that the violation be removed, terminated or otherwise abated within ten days after the service of such notice.
Upon failure to comply with the written notice and order, the Chief of Police or his designated agent shall file a complaint in the municipal court of the Township.
The imposition of a penalty for any violation of this section shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations within a reasonable time. If the violations are not corrected or remedied within a reasonable time, then each ten days thereafter that the prohibited condition is maintained shall constitute a separate offense hereunder. Such reasonable time shall be determined by the municipal judge.
Appeals for relief from the provisions of this section may be made to the Township council and relief granted by the body by the adoption of a formal resolution, upon the finding by the body that such relief is not and will not be detrimental to the public welfare and safety.
[Ord. No. 77-30; Ord. No. 79-20; Ord. No. 83-19]
The object of this section is to promote safety, prevent bicycle thefts, identify bicycle owners, and assist in the recovery of lost or stolen bicycles.
As used in this section:
a. 
"Bicycle" shall mean a device having a wheel or wheels with pneumatic tires connected by a frame and arranged to be propelled by human power. (This definition does not apply to toy bicycles or velocipedes.)
b. 
"Bicycle dealer" shall mean any person, firm, partnership or corporation engaged in the business of buying, selling, or renting of new or used bicycles.
c. 
"Registration certificate" shall mean a form provided by the police department, issued by a bicycle dealer to the rentee, which shall show the name of the dealer, the name of the rentee, the duration of the rental, and the serial number, manufacturer, color and size of the bicycle rented.
d. 
"Registration license" shall mean a document issued by the police department to a bicycle dealer for the purpose of identifying a bicycle.
e. 
"Registration tag" shall mean any plate, tag or decal affixed to the frame of a bicycle for identification purposes .
a. 
It shall be unlawful for any person residing in he Township to ride or to propel a bicycle upon any street, sidewalk or public way where riding is permitted without having attached to that bicycle a registration tag as provided in subsection 3-3.4 a except where such bicycle is rented from a bicycle dealer.
b. 
It shall be unlawful for any person to ride or propel a bicycle rented from a bicycle dealer located in the Township upon any street, sidewalk or public way where riding is permitted without having in his possession a registration certificate.
c. 
It shall be unlawful for a bicycle dealer located n the Township to rent a bicycle without issuing a registration certificate to the rentee.
d. 
It shall be unlawful for a bicycle dealer located in the Township to rent a bicycle that has not been registered in accordance with subsection 3-3.4a.
a. 
Application for registration tags and registration licenses shall be made by a bicycle owner or a bicycle dealer to the police department on a form provided by the police department. Upon receipt of the application and proof of ownership of the bicycle, which proof shall consist of a paid bill or affidavit of ownership by the applicant, the police department shall inspect the bicycle offered for registration for conformity with the safety standards of Title 39 of N.J.S.A. Upon passing the inspection the police department shall issue a registration tag to the bicycle owner unless he is a bicycle dealer. A bicycle dealer shall be issued a registration license. A registration tag or registration license shall be effective for as long as the bicycle is owned by the applicant.
1. 
Except for a bicycle dealer, while the bicycle is owned by the applicant, the registration tag shall at all times be affixed to the front of the frame of the bicycle and kept in a conspicuous position thereon.
2. 
While the bicycle is owned by a bicycle dealer, the registration license shall at all times be kept at the place of rental.
b. 
Registration tags and registration licenses shall be issued at the police department, Municipal Building, Monday through Friday, 8:00 a.m. to 4:00 p.m. The police department may conduct registrations at other locations, and these shall be announced at least one month in advance.
Upon the transfer of ownership of any bicycle, the former registered owner, if other than a bicycle dealer, shall, within fourteen days from the date of transfer, remove the registration tag therefrom and return it to the Scotch Plains police department. A bicycle dealer shall return the registration license of any bicycle for which ownership is transferred within fourteen days of the transfer to the police department.
The police department shall keep a record of the number of each registration tag and registration license, the date issued, the name and address of the person to whom issued, and the number on the frame of the bicycle for which issued.
The police department may stamp codes or numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes.
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate, or alter the number of any bicycle frame or any registration tag or registration license during the time such registration is effective .
Upon loss, mutilation or alteration of a registration tag or registration license, and upon satisfactory evidence thereof, a new registration tag or registration license shall be issued.
There shall be no fee charged by the police department or by any other department or agency of the Township in connection with the administration of this section.
There is hereby established a bicycle safety committee consisting of such number or persons as shall be determined by resolution of the Township council . One member shall be a police officer of the police department as designated by the Chief of Police and one member shall be a member of the P.T.A. safety committee. All citizen members shall be appointed by the Township council for a term of two years. The Board shall function from July 1 through June 30.
The purpose of the bicycle safety committee shall be to foster and promote bicycle safety through education and other appropriate means in the Township .
The bicycle safety committee shall establish its own rules and regulations and select its own Chairman from among its members.
The bicycle safety committee shall meet at least six times annually and submit a report to the Township council as to each meeting and also submit an annual report at the end of each year to the Township council.
a. 
Any person 18 years of age or over who violates any provision of this section shall, for the first violation, be reprimanded in writing by the Township police department, which reprimand shall state the nature of the violation and warn that a repetition of the violation or any other violation of this ordinance will subject the operator of the bicycle upon conviction thereof in the Scotch Plains municipal court to a fine of not more than $50 and/or the impoundment of the offender's bicycle for a period of not more than fourteen days or both for each offense, which shall be the penalty for the second and each subsequent violation under this section.
b. 
Any person under 18 years of age who shall violate any provision of this section shall for the first two violations be reprimanded in writing by the Township police department, which reprimand shall be addressed to the parents or legal guardian of the violator and shall state the nature of the violation and warn that repetition of the violation or any violation of this section shall subject the operator of the bicycle to a penalty of the impoundment of the offender's bicycle for a period not to exceed 14 days for each offense, which shall be the penalty for the third and each subsequent violation under this section. It is hereby ordained that no violation of this section shall be considered a criminal offense or made a matter of court record for offenders under 18 years of age.
Whenever any bicycle shall be impounded for violations of the provisions of this section, it shall be surrendered at the expiration of the impounded period by the police department to the owner, and if the owner is a minor under the age of 18 years, to the parents or legal guardian of the minor offender. If a person fails to reclaim an impounded bicycle and the bicycle is not reclaimed by the legal owner thereof, it shall be sold at public auction after the expiration of six months from the date of seizure. Notice of the public auction shall be sent to the owner (or a minor owner's parents or legal guardian) by regular mail at least ten days prior to the date of the sale. Notice of the auction containing a description of the bicycle shall be published in a newspaper circulated in the Township at least ten days prior to the date of the sale. All monies collected from the sale of any impounded bicycles shall be turned over by the police department to the director of finance for deposit in the Township's general account.
All bicycle owners who have previously registered their bicycles with the Scotch Plains police department under any prior ordinance or resolution shall not be required to reregister their bicycles (unless ownership of the bicycle is transferred or the registration tag is lost, mutilated or altered) to comply with the provisions of this section. It is the specific intent of this section that all such prior registrations be valid as the initial registration under this section.
[Ord. No. 68-10; Ord. No. 79-42]
a. 
"Persons," "person," "his" or "her" shall mean and be construed wherever appropriate to the context to include corporations, partnerships, joint ventures or any other legal entity. The singular number as used herein shall include the plural.
b. 
"Disorderly house" shall mean any building or structure or any part thereof which is used for gambling or which is frequented by prostitutes, criminals, gamblers, vagrants or persons violating the law or in which the law is habitually violated.
c. 
"House of ill fame" shall mean any building or structure or any part thereof in which prostitution, lewdness or other unlawful sexual acts are permitted.
d. 
"Disorderly assemblage" shall mean any two or more persons gathered together and acting in a boisterous, noisy, riotous, offensive, disorder]y or threatening manner toward each other or others, which shall disturb the peace.
It shall be unlawful for any person:
a. 
To engage in or offer to engage in any quarrels, assaults, brawls, riots, gambling, prostitution or other disorderly conduct.
b. 
To use any profane, indecent or obscene language in or upon any street, alley, park or other public or semipublic place.
c. 
To make any audible and offensive remarks or comments upon any person passing along or appearing in any public or semipublic place.
d. 
To loiter in any public or quasi-public place or in or upon any private property not his own.
e. 
To throw stones, glass, sticks or other hard, dangerous or offensive substances in or into any street, byway or public place, or at any cars, vehicles, houses, buildings or fences within the Township limits; or willfully to break damage or destroy any public or private property.
f. 
To sweep, cast, throw or deposit or cause to be swept, cast, thrown or deposited upon any public street, sidewalk, gutter, alley or other public place within the Township any paper, rags, straw, wood, boxes or other rubbish.
g. 
To deposit upon the surface of any public or private lot bordering upon any street, lane or alley in the Township, any rubbish or matter likely to decompose or be blown about by the wind or to use any such substance to fill in or raise the surface or level of any ground in the Township, unless a written permit is first obtained therefor from the department of health.
h. 
To indecently expose his person; or appear in any public or semipublic place in any indecent or lewd dress; to sell, offer for sale or exhibit any lewd or obscene book, picture or other matter; or exhibit, perform or engage in any lewd, obscene or immoral play or other entertainment.
i. 
To conduct himself in or about the Township having concealed upon him any picklock, key, crow, jack, bit or other implement with an intent to break or enter into any building or shall have upon him or her any pistol, hanger cutlass, bludgeon or other offensive or dangerous weapon; nor shall any person be apprehended having upon him whether concealed or not, any of the foregoing articles or things with the intent of committing any unlawful act, nor shall any person be found in or near any dwelling, house, warehouse, stable, barn, coachhouse, garage, smoke house or any place of public resort or assemblage for business, worship or amusement or other lawful purpose with intent to steal any goods or chattels provided, however, that this section shall not apply to law officers and other persons duly authorized under certain statutes of this State to carry proper weapons of defense. Possession of any of the foregoing articles on public thoroughfares shall be prima facie evidence of such intent.
j. 
To willfully engage in any fight, assault, quarrel, brawl, battery or altercation; nor shall any person participate in or incite by overt act or acts any disturbance or riot, or any unruly, boisterous, noisy, unlawful or disorderly assemblage constituting a breech or disturbance of the peace.
k. 
To mutilate or remove any notice or damage, destroy or remove any warning sign or signal or remove any barricade placed or posted on any highway in connection with or relating to the closing of any road; to drive any vehicle over or upon the closed portion of any highway; or violate any rule or regulation for the use of any highway.
l. 
To willfully and maliciously ring, or cause to be rung, any bell or alarm of any fire company or ambulance association thereby giving or causing to be given a false alarm of fire or ambulance call or shall willfully send any message of false alarm of fire or ambulance call by telephone or by any other method or means.
m. 
To make, continue or cause to be made or continued any unnecessary or unusual sound or noise which either annoys, injures or endangers the comfort, repose, health or safety of others unless the making and continuing of the same be necessary for the protection or preservation of property or of the health, safety, life or limb of a person.
n. 
To go about from door to door, or place himself in streets, highways, alleys or passages, to beg or solicit alms or charity; or to wander abroad and beg or solicit charity under pretense of being or having been a soldier, marine or seafaring man, or of having suffered loss or casualty by fire, war or other pretense or thing; or to wander abroad and lodge in taverns, inns, beer houses, houses of entertainment, bars or other places or in the open air, and not give a good account of himself; or to leave or threaten to leave his family to be maintained by or become chargeable to the Township, or refuse to provide for his family; or for any person not having sufficient property by means for his sustenance or support to live idle or refuse to engage in some honest employment.
o. 
To use or pretend to use or have any skill in physiognomy, palmistry or like crafty science or to tell or pretend to tell destinies, or fortunes.
p. 
To have in his possession or custody any illegal lottery slips or books or records pertaining to an illegal lottery, or to have in his possession or have in a vehicle in his custody, any ticket or tickets, slip or slips, paper, document or memoranda in any way pertaining to the business of an illegal number game. "Number game" as used in this section is defined as any betting on any number or numbers, or sets or arrangements of numbers, on or according to any plan or method whatsoever.
q. 
To maintain or operate any house, shop or other premises where prostitution, lewdness, immoral activities, gambling, bookmaking, illegal lotteries, or the sale of tickets or participation rights in any illegal lottery is permitted; or where any slot machine or device or apparatus designed for gambling is kept; or which is frequented or resorted to by noisy or disorderly persons or known criminals, gamblers, prostitutes or other persons of ill repute.
r. 
No person shall carry in any vehicle or concealed on or about his person any weapon such as a black jack, bludgeon, razor, dagger, dirk, dangerous knife, stiletto, metal knuckles, billy, sling shot, bomb or high explosives other than fixed ammunition; nor without having first obtained a permit as required by the laws of this State, any pistol, revolver or other firearms; provided, that this section shall not apply to officers of State, county or Township charged with the enforcement of the law, or other persons authorized by the laws of this State to carry such weapons.
s. 
To, while operating a motor vehicle on any street or highway in the Township, knowingly flee or attempt to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle to a full stop.
t. 
To publicly mutilate, trample upon or otherwise deface or defile any flag, standard, color or ensign of the United States or the State Flag of New Jersey, whether the same be public or private property.
[Ord. No. 68-10]
No person shall distribute or cause to be distributed or strewn about any street, in an automobile or public place, any newspaper, paper, periodical, book, magazine, circular, card or pamphlet.
No person shall distribute or cause to be distributed to the occupants of any house or place or cause to be placed into any areaway, in front of, or along the side or rear of any house, or upon the doorstep thereof, any newspaper, paper, periodical, book, magazine, circular, card or pamphlet, unless the same has been previously ordered by the person in actual occupation of the house, in the areaway of which, in front of which, or along the side or rear or doorstep of which, the newspaper, paper, periodical, book, magazine, circular, card or pamphlet shall be distributed or placed.
[Ord. #68-10]
No person shall go from house to house to distribute to the occupants of any house any newspaper, paper, periodical, book, magazine, circular, card or pamphlet, unless the same has been previously ordered by the person in actual occupation at the house, or unless a written permit for making such distribution is obtained from the Chief of Police or the officer in charge at police headquarters.
[Ord. #68-10]
No person shall discharge any firearms, air gun, air pistol, slingshot or other weapon within the limits of the Township unless specially authorized by the Chief of Police or other officer in charge, in writing.
[Ord. #68-10]
No person shall engage in hunting within the limits of the Township.
[Ord. #68-10]
For the purpose of subsection 3-6. 2, the carrying of a loaded rifle or shotgun within the limits of the Township shall be deemed prima facie evidence of hunting therein.
[Ord. #68-10]
The use of any gun, revolver or other firearm by any police officer, constable or other duly constituted officer under the laws of the State of New Jersey, or of the United States of America, in the performance of his official duty, shall not be considered a violation of this section.
[Ord. #68-10]
The use of any such weapon or weapons at a rifle or target range approved by the Chief of Police, in writing, shall not be considered a violation of this section.
[1]
Editor's Note: Former Section 3-7, Fireworks, containing portions of Ordinance No. 68-10 was repealed in entirety by Ordinance No. 2016-1. See Section 17-6 for Fireworks.
[Ord. No. 68-10]
No person shall deal, play or engage in faro, roulette, dice or card games or other device or have in his possession any illegal ticket, slip or other writing or printing or any interest or share or showing or indicating an interest, share, bet or pledge in any pool, illegal lottery, racing contest or other game of chance, or shall gamble in any form; and no person shall aid, abet, assist or participate in any such pool, illegal lottery, race or other contest or game of chance.
a. 
This section shall not be construed to apply to the holding and operation of games of chance commonly known as bingo or lotto under a license duly issued under the provisions of the "Bingo Licensing Law, " and the holding and operation of games of chance commonly known as a raffle or raffles under a license duly issued under the provisions of the "Raffles Licensing Law. "
[Ord. No. 74-4]
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 or walking about aimlessly, and shall also include the coloquial expression "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, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
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.
It shall be unlawful for any person to loiter in a public place in such manner as to:
a. 
Clearly cause an immediate, actual, physically violent reaction from any person of ordinary sensibilities, which reaction may cause or create a threat to the peace and good order of the public;
b. 
So disturb a person of ordinary sensibilities as to cause such person to react immediately in such a way as to threaten by physical violence the peace and good order of the public;
c. 
Obstruct the free passage of pedestrians or vehicles;
d. 
Obstruct, molest or interfere with any person lawfully in a public place as defined in subsection 3-9.1 b. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the peace and good order of the public.
No person shall be convicted of loitering in a public place in violation of this section unless a police officer at the time determines that such person was causing or was likely to cause any of the conditions enumerated hereinabove and such police officer, at that time, ordered the person to cease the enumerated conduct, which police order the person refused to obey.
No parent or guardian of a minor under the age of 18 years shall knowingly permit the minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is adjudicated to be in 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.
[Ord. No. 74-46; Ord. No. 21-01]
Sight triangle or sight easement means the assignable rights and restrictions to the triangular shaped portion of land established at street or driveway intersections in accordance with Township ordinances, in which nothing shall be constructed, erected, placed, planted or allowed to grow in such a manner as to obstruct vision. The sight triangle shall be bounded by the edge of pavement or, in the absence of pavement, edge of travelway, and a straight line connecting sight points established by the table below.
Speed Limit on Main Roadway
Sight Distance (in feet)
25
300
30
380
35
470
40
580
45
700
Line of sight shall be maintained from a point ten feet from the main roadway's edge of pavement, at a height of three feet, to a point at the center of the closest travel lane, for each direction of intersecting travel, at a height of two feet. An object of two-foot height shall be continuously visible from the specified minimum distance and all points closer within the established sight triangle. At uncontrolled intersections, the sight distances above may be applied to each approach.
Where the Township police department shall deem it necessary and expedient for the preservation of the public safety, the owner or owners, tenant or tenants of lands lying within the Township shall keep all brush, hedges, fences, walls, plant life, embankments, and other objects, within ten feet of any roadway or within the sight triangle formed by the intersection of two roadways, or by the intersection of a driveway and a roadway, from obstructing the visibility of drivers.
The owners, or tenants of such property aforesaid shall keep such brush, hedges, plant life, fences, walls, embankments and other objects at a height below a driver's line of sight as previously described, within ten days of receipt of notice from the Township of Scotch Plains' police dept.
Any person violating the provisions of this section shall be subject to the penalty stated in Section 3-1. Where the violation is of a continuing nature, each day during which it continues, after written notice of existence of same having been served by certified mail return receipt requested, addressed to the last known address of the owner or tenant by the police department, or by being personally served by a member of the police department upon which official record has been made, shall constitute an additional separate offense, except that during the period in which an appeal from the order has been taken or is pending, no offense shall be deemed to have been committed.
In addition to the foregoing penalty, should such owner or owners, tenant or tenants fail or refuse to keep such brush, hedges, plant life, fences, walls, embankments and other objects to the height specified in subsection 3-10.1 within ten days after notice has been given them by the police department of the Township, then the brush, hedges, plant life, fences, walls, embankments and other objects aforesaid shall be brought into compliance by or under the direction of the director of public property and the cost thereof assessed against the property.
In the event that the brush, hedges, plant life, fences, walls, embankments and other objects have been brought into compliance by the Township under the direction of the director of public property, the cost thereof shall be certified to the Township council, who shall examine the certification and, if found correct, shall cause the cost shown thereon to be charged against these lands. In the event that such cost is excessive, a reasonable cost therefore shall be charged against said lands, the amount so charged thereupon becoming a lien upon such lands, to bear interest at the same rate as other taxes and to be collected and enforced in the manner and form provided by law for the collection of taxes.
As used in this section:
a. 
"Roadway" shall mean that portion of the right-of-way used for travel of motor vehicles.
[Ord. No. 69-28]
The State of New Jersey under Title 23 of New Jersey Statutes Annotated, entitled "Fish and Game, Wild Birds and Animals, " has set forth certain limitations on the trapping of wild birds and animals and, in addition, established a requirement for the issuance of a license by the State of New Jersey to anyone seeking to trap wild birds and animals within the State of New Jersey; and the Township council has carefully considered the advisability of further limiting the occupation or recreation of trapping in light of the residential character of the Township and has made the following findings of fact:
a. 
The use of various types of traps and, particularly those that are spring-operated and steel-jawed and known under several names such as "leg-hold," "steel-jawed," "steel-toothed," "conibear" and "springline" are being used for the purpose of killing or capturing wild birds and animals, and have, on occasions, trapped, killed or maimed domestic animals such as dogs and cats and have also been known to injure children playing without knowledge or understanding of the operation of the traps, and
b. 
The harm that could arise to the residents of the Township and their property through the continued use of traps far exceeds the possible benefits to those residents of the Township who may wish to trap wild birds, and animals arising out of the continued development of the Township as a residential center, and
c. 
The prohibition of the use of traps which may be dangerous to both animals and human beings is in the best interests of the residents of the Township of Scotch Plains, their welfare and safety.
No person shall at any time set or use a trap of any kind designed or intended to take, hold, capture, or kill any bird or animal within the limits of the Township except as specifically permitted by subsection 3-11. 3.
In order to protect property or health, the owner or tenant of any property within the Township may trap birds or animals within any building located on the property of which he is the owner or tenant by any means, or may trap any bird or animal by means of a cage-type trap commonly called "cage trap," "cage door trap" or "live trap" designed to capture animals alive.
Whenever a trap the use of which is prohibited by subsection 3-11.2 shall be found within the confines of the Township, the same may be confiscated by any police officer of the Township or by any New Jersey Fish and Game Warden.
[Ord. No. 68-9; Ord. No. 79-38; Ord. No. 88-21]
The Township council deems it necessary and expedient for the preservation of the public health, safety and general welfare and to eliminate fire hazards that the owners of lands lying within the limits of the Township shall remove from such lands, brush, weeds, dead and dying trees, stumps, roots, noxious growths, filth, trash and debris after being served with a notice to remove the same by the building subcode official or health officer. Said notice shall give the owner/occupant 72 hours to abate the violation. If the owner/occupant falls to abate the violation after being served with said notice, then the said owner or occupant shall be summoned and an order to pay fines shall be Imposed.
Upon the failure of the owner or occupant to remove the same in the manner as directed by the building subcode official or health officer and within the time provided, the Township may cause the hazard to be removed and the owner or occupant who shall refuse or neglect to remove same shall upon conviction in the local municipal court, be liable to the penalty established in Chapter 3, section 3-1. The building subcode official or health officer shall certify the costs of the removal of the offending matter from the land to the Township council. The costs thereof as shown on such certification shall be charged against the lands and the amount thereof shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.
[Ord. No. 78-14]
The Township council pursuant to its police powers desired to protect the health, safety and welfare of the general public and desires to protect the environment, reduce noise pollution, lessen the possibility of brush fires and create an aesthetically pleasing visual environment, and
The Township council considers the operation of certain motor driven vehicles a direct threat to the protection of the health, safety and welfare of the general public; and
The Township council desires to safeguard the health, safety and welfare of pedestrians and operators of the above described motor driven vehicles, as well as operators of standard bicycles; and
Pursuant to its police powers, the Township council establishes rules and regulations governing the use and the operation of certain motor driven vehicles licensed or unlicensed.
As used in this section.
a. 
RECREATIONAL MOTOR VEHICLE - Shall mean but is not expressly limited to motorcycles, motorized dirt bikes, motorbikes, mopeds, minibikes, motorscooters, go-carts, motorized skateboards, dune buggies, swamp buggies, all-terrain vehicles and any other similar motor vehicles of the type that are normally used on land for recreation, entertainment or pleasure. All vehicles owned or operated by any governmental agency, all emergency vehicles, all lawnmowers, powered garden or farm vehicles and other similar utilitarian, domestic or commercial vehicles, while being used in the function they were primarily designed for, are specifically excepted herefrom.
It shall be unlawful for any person to operate or permit and suffer to be operated a recreational motor vehicle as defined in subsection 3-13. 2 within the Township under any of the following circumstances:
a. 
On private property of another without the express prior written lawful consent of the owner and the occupant of the property. Such consent may be revoked at any time by the grantor thereof. Where such express prior written consent has been obtained, the operator or person at the site responsible for such operation shall keep the consent on his person and available for immediate display at all times during the period of such operation. Excepted from the operation of this subsection are any private clubs or other organizations that permit the operation of recreational motor vehicles on their property n connection with the principal use of the property by the member of any club or organization, or
b. 
On any public grounds or property, including Township-owned land, which shall include but not be limited to parks, ball parks, recreation areas, Township-owned streets, easements and sidewalks, or areas, dedicated to or commonly used for vehicular or pedestrian traffic Township storage facilities, garage areas and board of education lands, unless specifically designated set aside and reserved therefor by resolution of the Township council, or
c. 
In such manner as to create loud or unnecessary noise so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property. To this end, no person shall operate a recreational motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m. prevailing time, or sunset, whichever shall first occur.
d. 
In a careless, reckless or negligent manner so as to endanger the safety or property of any person.
e. 
Excepted from the prohibitions of this section are the operation of motorized bicycles (mopeds) and other motor vehicles duly licensed or registered by a governmental authority while being operated on the public streets and private or public parking areas and the driveways leading to and from the public streets, while being used for ingress and egress .
The department of police is hereby authorized to confiscate and impound any recreational motor vehicle which is allegedly operated in violation of the terms of this section.
a. 
Any recreational motor vehicle which has been used in two or more separate violations of this section, is declared a nuisance, no property right exists in it, and it shall be subject to forfeiture to the Township, except that;
1. 
No such vehicle shall be forfeited by reason of any violation herein in which the vehicle was being operated by a person unlawfully in possession in violation of the criminal laws of this State; and
2. 
The forfeiture of any recreational motor vehicle uncumbered by a bona fide security interest shall remain subject to the interest of the secured party if he neither had knowledge or nor consented to the violation.
b. 
Whenever any recreational motor vehicle is forfeited under this act it shall be disposed of in the manner authorized by law for disposal of surplus property.
Any person under the age of 18 years who shall violate any of the provisions of this section shall be deemed to be a juvenile offender. Any person of the age of 18 years or over who shall violate any of the provisions of this section, upon conviction thereof, be liable to the penalty stated in Chapter 3, section 3-1.
[Ord. No. 79-33]
No person shall drink, imbibe, or consume any alcoholic beverage on or upon;
a. 
A public street, lane, roadway, avenue, sidewalk, public parking place, park playground, or recreational area, or any other public place, or
b. 
A public conveyance, or
c. 
A private motor vehicle while the same is in motion or parked on any public street, lane, public parking lot, or public place, or
d. 
Any private property, not his or her own, without the express permission of the owner or other person having authority to grant such permission.
No person shall discard alcoholic beverage containers, cans, bottles, or any other container upon any public street, lane, roadway, avenue, sidewalk, public parking lot, any other public place or upon private property not his or her own without the express permission of the owner.
Any person who engages in any conduct prescribed by either subsection 3-14.1 or subsection 3-14.2 shall be deemed a disorderly person.
Notwithstanding the provisions contained in subsection 3-14.1 or subsection 3-14.2, the possession of alcoholic beverages in a designated park, playground or recreation area, at a designated time or times in connection with any purpose or events which have been properly authorized shall be permitted upon the granting of an application for a permit to consume alcoholic beverages in a public park, playground or recreation area, which application shall be made to the recreation commission of the Township and the possession of alcoholic beverages in any other public place at a designated time or times in connection with any purpose or events which have been properly authorized shall be permitted upon the granting of an application for a permit to consume alcoholic beverages in such other public place, which application shall be made to the municipal Clerk of the Township.
The invalidity or ineffectiveness of any one or more terms or provisions of the foregoing section or the inapplicability thereof to any person or circumstance shall not be deemed to affect the validity and effectiveness of the remaining terms and provisions or the applicability of any term or provision to other persons and circumstances, but each term shall be deemed to be separate and independent.
Any person found guilty of violating any of the provisions of this section shall be subject to a fine of not more than $200 or imprisonment for a term not exceeding 90 days, or both, at the discretion of the court.
[Ord. No. 89-6]
a. 
The use of construction equipment, such as power shovels, cranes, backhoes, loaders, bulldozers, excavating equipment, dump trucks, generators, and all other motorized vehicles and/or equipment or the like, excluding automobiles and pickup trucks, shall be prohibited during such times as are hereinafter set forth.
b. 
Construction equipment use shall be prohibited before 7:30 a.m. and after 5:30 p.m., Monday through Friday, before 8:00 a.m. and after 4:00 p.m. on Saturday, and all day Sunday, as well as on certain holidays as hereinafter specifically set forth, and except on emergency basis, as outlined.
c. 
Construction activities, such as paving, subsurface construction work and the like, shall be prohibited where such construction activities require inspections by local, county, or State governmental employees and/or officials during such times as said prohibition is in effect as per the within section.
d. 
In addition to the previously referred to prohibition of the use of construction equipment, no construction equipment shall be used on Christmas Day, Independence Day (July 4th), Thanksgiving Day, New Year's Day, Memorial Day and Labor Day.
e. 
In the event that an emergency has been deemed to exist by the police department of the Township of Scotch Plains, so as to require that certain construction equipment be utilized contrary to the provisions of this section, then the said police department shall permit such work to take place provided, however, that it is determined that it is essential that said construction equipment be used so as to protect the public health, safety, or general welfare.
f. 
Standard time shall apply to all provisions of this section except during such period of the year as daylight savings time shall be officially used by the Township of Scotch Plains.
g. 
The within provisions of this section shall apply to all property development throughout the Township of Scotch Plains, including commercial and industrial development, with the exception of such single-family isolated residential lots. The term, "isolated residential lot" is meant to imply that there are existing residential homes surrounding the premises in question which are occupied, and which lots have not been the recent subject of any form of subdivision approval.
h. 
The within provisions of this section shall not apply to construction equipment on construction activities when performed by or on behalf of the Scotch Plains-Fanwood Board of Education or the Township of Scotch Plains.
The provisions of this section shall not apply to public utilities as defined in N.J.S.A. 48:2-13 when performing emergency construction and/or repair work in the public right-of-way.
i. 
Violations and Penalties. Any person or entity other than a governmental agency who shall be found guilty of violating any provision of this section shall, for each offense, be fined a sum of not less than $500 and not more than $1,000. Each day of violation shall constitute a separate offense.
j. 
The use of any construction equipment or the conduct of construction activities in violation of any provision of this section shall be deemed and declared to be a public nuisance and may be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.
k. 
Enforcement. The police department shall have the power to enforce or bring complaints under this section.
[Ord. No. 88-29; Ord. No. 91-34]
In accordance with and pursuant to the authority of L. 1988, C. 44 (C. 2C: 35-7), the drug-free school zone map produced on or about the last quarter of 1987 by the Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Township of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
The drug-free school zone map approved and adopted pursuant to subsection 3-16.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
The Clerk of the Township is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-16.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Union County Prosecutor.
[Ord. #88-29, S5; Ord. #91-34, S5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-16.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the Township of Scotch Plains;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-16.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
[Ord. #94-38, S1]
No cigarette vending machine shall be placed on any premises, public or private, within the Township. This includes any and all vending machines which may dispense cigarettes and other articles.
[Ord. #94-38, S1]
Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his/her control shall be subject to a fine of $200 each day in which such machine is owned, operated, rented or permitted on the premises.
This section shall take effect on April 1, 1995.
[Ord. No. 27-02]
[Ord. No. 27-02; Ord. No. 2015-20 § 2]
The use by any person or persons of landscaping equipment, such as power mowers, power blowers, chain saws, chippers, lawn tractors, power tillers, and all other motorized vehicles and/or equipment or the like, shall be conducted in accordance with section 32-9a., Noise Control-Restricted Uses and Activites, of this Code.
[Ord. #27-02]
In the event that an emergency has been deemed to exist by the police department of the Township of Scotch Plains, such as may be the case following a severe storm, so as to require that certain landscaping equipment be utilized contrary to the provisions of this section, then the said police department shall permit such work to take place provided, however, that it is determined that it is essential that said equipment be used so as to protect the public health, safety, or general welfare.
[Ord. #27-02]
All debris generated through landscaping activity shall be disposed of as regulated by Chapter 27 of the Township ordinances. During times when the placement of such debris is authorized, only that debris generated at the property in question shall be permitted to be placed along the Township right-of-way.
[Ord. #27-02]
Due to the public safety interest inherent in the removal of accumulations of snow from driveways, sidewalks and the like, the use of motorized snow removal equipment shall be permitted as necessary and shall not be affected by terms of this section.
[Ord. #27-02]
The terms of this section shall specially not apply to any described activity at Scotch Hills Country Club, Ash Brook Golf Course, Shackamaxon Golf and Country Club, any property owned and/or controlled by the Scotch Plains/Fanwood Board of Education, and any property owned and/or controlled by the Township of Scotch Plains.
[Ord. #27-02]
Any person or entity other than a governmental agency who shall be found guilty of violating any provision of this section shall, for each offense, be fined a sum of not less than $50 and not more than $100.
The use of any landscaping equipment or the conduct of landscaping activities in violation of any provision of this section shall be deemed and declared to be a public nuisance and shall be subject to immediate abatement upon instruction by the police department.
The police department shall have the power to enforce or bring complaints under this section.
[Ord. No. 11-2009]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibit the spilling, dumping, leaking, or other discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Scotch Plains and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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.
a. 
MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4) - Shall mean 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 Township of Scotch Plains or other public body, and is designated and used for collecting and conveying stormwater.
b. 
PERSON - Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. 
REFUSE CONTAINER - Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
d. 
STORMWATER - Shall mean 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.
e. 
WATERS OF THE STATE - Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must 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 Township of Scotch Plains.
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This section shall be enforced by the Health Department of the Township of Scotch Plains.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $100.
[Ord. No. 2013-6]
[Ord. #2013-6]
The Mayor and Council of the Township of Scotch Plains find and declare that:
a. 
Tobacco is the leading cause of preventable disease and death in the State and the nation;
b. 
Tobacco smoke constitutes a substantial health hazard to the nonsmoking majority of the public;
c. 
Electronic smoking devices have not been approved as to safety and efficacy by the Federal Flood and Drug Administration, and their use may pose a health risk to persons exposed to their smoke or vapor because of a known irritant contained therein and other substances that may, upon evaluation by that agency, be identified as potentially toxic to those inhaling the smoke or vapor;
d. 
The risks to nonsmokers from exposure to secondhand smoke, while reduced in outdoor areas, is not eliminated, and remains a serious health risk; and
e. 
Therefore, subject to certain specified exceptions, it is in the public interest to prohibit the smoking of tobacco products and the use of electronic smoking devices at parks and recreation facilities in the Township of Scotch Plains.
[Ord. #2013-6]
ELECTRONIC SMOKING DEVICE
As used herein, shall mean an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
As used herein, shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Ord. #2013-6]
Smoking is prohibited on, in, or at the following parks, recreation facilities and grounds, except in areas specifically designated by the Township and suitably equipped for that purpose:
a. 
Brookside Park, 1255 Hetfield Avenue
b. 
Crestwood Wildlife Sanctuary, Crestwood Road West, 2406 Morse Avenue
c. 
Farley Avenue Park, 436 Farley Avenue
d. 
Green Forest Park, 554 Westfield Road
e. 
Greenside Playground, 355 Westfield Road, 2203 Greenside Place
f. 
Haven Park, 336 Haven Avenue
g. 
Jerseyland Park, 2377 Richmond Street
h. 
Kramer Manor Park, 1950 Evelyn Street off Martine Avenue
i. 
Memorial Park, 2345 Plainfield Avenue
j. 
Southside Ballfield, 1910 Raritan Road
k. 
Miniature Golf Course at Scotch Hill Country Club
l. 
Municipal Building grounds and Alan Augustine Park, 430 Park Avenue
[Ord. #2013-6]
The Township shall post signage as may be required by N.J.S.A. 26:3D-61. All areas in which smoking is permitted will be similarly identified, and appropriate signage will be posted.
[Ord. #2013-6]
This section shall be enforced by the Scotch Plains Police Department.
[Ord. #2013-6; Ord. #2013-11]
Any person observed to be in violation of this section shall be issued a court summons and may be subject, at the discretion of the court, to the following penalties:
a. 
A fine of not less than $50 but not exceeding $100 for the first violation;
b. 
A fine of not less than $100 but not exceeding $200 for the second violation, or community service within the court's discretion, or any combination of both for such second violation; and
c. 
A fine of not less than $200 but not exceeding $500 for the third and subsequent violations, or community service within the court's discretion, or any combination of both for such third and subsequent violations.
[Ord. No. 2016-14]
No retail establishment located within 500 feet of any residential zone district designated in Chapter 23, Zoning, shall conduct business between the hours of midnight of each day and 5:00 a.m. of the following day, provided that this section shall not apply to (a) establishments fronting on Route 22, (b) premises licensed under Chapter 6, Alcoholic Beverage Control, and (c) pharmacies.