[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 Subsection 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.
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]
As used in this section:
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,
disorderly 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.
[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 colloquial 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 3-9.1b. This subsection 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 § 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 encumbered 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.
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 Activities, 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.
[Amended 5-12-2020 by Ord. No. 2020-14]
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 $250.
[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]
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.
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.
[Added 12-11-2018 by Ord. No. 2018-39]
a.
Pursuant to N.J.S.A. 40:48-1.7, the Township of Scotch Plains has
established a voluntary registry of private outdoor video surveillance
cameras under the direction of the Scotch Plains Police. The purpose
is to aid local law enforcement in investigating criminal activity
that occurred within the vicinity of the camera's location in
a timely efficient and effective manner.
b.
PRIVATE OUTDOOR VIDEO SURVEILLANCE CAMERA OR CAMERAS
REGISTRANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device installed outside a residence or business, which
for security purposes captures footage of an area outside the residence
or business.
A person who owns a residence or business within the Township
who registers a private outdoor video surveillance camera with the
Police pursuant to this section.
c.
Registration.
1.
A person who owns a residence or business within the Township may
register a private outdoor video surveillance camera(s) with the Township
of Scotch Plains Police on a registry form approved by the Chief of
Police. Registration of a private outdoor video surveillance camera
with the Police is not required by this section and does not constitute
a waiver of any rights granted under the Constitutions of the United
States or the State of New Jersey.
2.
The following information shall be included in the private outdoor
video surveillance camera registry and obtained on registry forms
approved by the Chief of Police: 1) the name of the person who owns
the camera(s); (2) the most recent contact information, including
the street address and telephone number of the person who owns the
camera(s); 3) the street address of the residence or business where
the camera(s) is/are installed; 4) the number of cameras located at
the residence or business; 5) the outdoor areas recorded by the camera(s);
6) the means by which the camera's footage is saved or stored,
and the duration of time for which the footage is saved or stored;
and 7) any additional information deemed necessary by the Chief of
Police as set forth on the registry form.
d.
Regulations.
1.
Information stored in the Scotch Plains Police private outdoor video
surveillance camera registry and obtained on the registry forms pursuant
to this section shall be available for the exclusive use by law enforcement
officials to investigate criminal activity within the vicinity of
the camera's location(s). Information stored in the registry
or contained on the registry forms shall not be considered a public
record pursuant to N.J.S.A. 47:1A-1 et seq., N.J.S.A. 47:1A-5 et al.,
or common law record concerning access to public records. Further,
said information shall not be discoverable as a public record by any
person, entity or governmental agency except upon the issuance of
a subpoena by a grand jury or a court order in a criminal matter.
2.
The Scotch Plains Police, as well as any state, county, or municipal
law enforcement agency, may contact a person whose information appears
in the Township's private outdoor video surveillance camera registry
established pursuant to this section in order to request access to
any camera's footage which may assist in any investigation of
criminal activity that occurred within the vicinity of camera's
location(s). A registrant shall not be required to submit the camera's
footage to the Scotch Plains Police or any other law enforcement agency,
unless otherwise required by law.
3.
No fee shall be charged for the registration of a private outdoor
video surveillance camera with the Scotch Plains Police. A registrant
may remove or change information contained in the registry by contacting
the Chief of Police in writing.
4.
The Scotch Plains Police shall verify and update registry information
with registrants as deemed necessary by the Chief of Police.
