Township of East Windsor, NJ General Police Regulations

Editor's Note: Former paragraph a, Fines, previously codified herein, was repealed in its entirety by Ordinance No. 2006-14. See section 5-8 for penalty provisions.

Injunctions. The township manager is hereby authorized to seek injunctive relief to prevent the holding of any assemblage for which adequate safety precautions have not been made pursuant to this section.

§ 5-4 Removal of Grass, Weeds, Brush and Other Debris. [1]

[Reserved by Ord. 1980-8]

(Reserved)

Editor's Note: Noxious Weeds regulations are reallocated to Chapter 18 (Health Code).

§ 5-5 Abandoned Motor Vehicles.

[Ord. 1980-8; Ord. 1985-18; Ord. 1987-17; Ord. 2006-14]

§ 5-5.1 Definitions.

As used in this section:

ABANDON — Shall mean any motor vehicle which is parked on any public street or on any public property:

Without the current year's registration or identification markers as required by law; or

Continuously for a period of 30 consecutive days; or

In so disabled a condition as to constitute an obstruction to traffic, and the driver or person owning or operating it neglects or refuses to move it to a place where it shall not obstruct traffic; or

In a mechanically inoperative condition and is allowed to remain inoperative for a period of ten consecutive days; or

Without one or more tires for a period of ten consecutive days.

JUNK AUTOMOBILE — Shall mean any motor vehicle which is no longer in actual use as a motor vehicle or which is unfit without rebuilding or reconditioning for use in highway transportation or which has been discarded for use as a motor vehicle.

IMPOUNDMENT — Shall mean the sequestration of the motor vehicle or junk automobile at a place of storage.

MOTOR VEHICLE — Shall mean any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor, semi-trailer or motor drawn vehicle or other vehicle and shall have the meaning as defined in N.J.S.A. 39:1-1, et seq.

STREET or HIGHWAY — Shall mean the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.

§ 5-5.2 Abandonment and Storage of Junk Automobiles Prohibited.

No person shall abandon or permit to be abandoned any motor vehicle.

No person shall place, keep or store any junk automobile out of doors upon any public or private property or upon any street or highway.

Exceptions. Nothing herein shall be deemed to prohibit the placing, keeping or storage of any motor vehicle or junk automobile on private property:

In an enclosed nonpermeable cover, garage, barn or other building or structure.

On the premises of a business operated in a lawful place and manner when necessary to the operation of such business and otherwise in compliance with all township ordinances and requirements.

If the person is maintaining motor vehicles altered for drag or stock car racing, as long as said motor vehicles are maintained on registered trailers.

Which is an antique motor vehicle classified as such under state statutes.

§ 5-5.3 Enforcement Procedures; Impoundment.

Whenever the police department finds any motor vehicle or junk automobile which has been abandoned or kept or stored in violation of the provisions of this section, the police department shall remove, secure the removal of and/or impound the motor vehicle or junk automobile in accordance with the following procedures:

Public Property. Whenever any motor vehicle or junk automobile is found on any public property, street or highway in violation of the provisions of this section, an emergency condition is deemed to exist and the police department is authorized to immediately remove, secure the removal of and/or impound the motor vehicle or junk automobile without the necessity of notice prior to said impoundment. After impoundment, the police department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle or junk automobile and notify the owner in accordance with subsection

Private Property. Whenever any motor vehicle or junk automobile is found on any private property in violation of the provisions of this section, or if probable cause exists that a violation of this section exists, the police department shall cause the owner of the motor vehicle or junk automobile, if he can be located, or the owner or tenant of the private property upon which the violation is occurring, to be given ten days' written notice that said violation exists. This notice shall be by personal service or certified mail to the last known address of the owner of the motor vehicle or junk automobile and/or the owner or tenant of the property. If, at the expiration of ten days, the violation still exists, the police department is authorized to remove, secure the removal of and/or impound the motor vehicle or junk automobile.

Notice of Impoundment. Written notice of the impoundment of any motor vehicle or junk automobile shall be given to the owner of the motor vehicle or junk automobile, if he can be located, or to the owner or tenant of the property from which the motor vehicle or junk automobile was removed, by personal service or certified mail to the owner of the motor vehicle or junk automobile and shall contain the following information:

The time and place of impoundment;

Location of the motor vehicle or junk automobile;

The reason for impoundment;

The amount and nature of the penalties and costs that may be entered against him.

A statement that a sale of the motor vehicle or junk automobile will occur in accordance with N.J.S.A. 39:10A-1, et seq., if the motor vehicle or junk automobile is not reclaimed within 60 days.

Sale of Impounded Motor Vehicles and Junk Automobiles. Whenever a motor vehicle or junk automobile is impounded by the police department and remains unclaimed for a period of 60 days, the motor vehicle or junk automobile may be sold at public or private sale. Such sale may take place after at least five days notice of the date, time, place and manner of the proposed sale to the owner of the motor vehicle or junk automobile and/or to the owner or tenant of the property from which the automobile was removed by personal service or certified mail.

Junk Title Certificate. Whenever a motor vehicle or junk automobile is impounded by the police department and remains unclaimed for a period of 60 days, a junk title certificate may be issued where appropriate pursuant to N.J.S.A. 39:10A-3, et seq. No junk title certificate shall be issued unless at least 30 days notice is given to the owner of the motor vehicle or junk automobile and/or to the owner or tenant of the property from which the automobile was removed by personal service or certified mail.

Reclaiming Vehicle upon Payment. At any time prior to the sale of the motor vehicle or junk automobile or the issuance of a junk title certificate, the owner of the motor vehicle or junk automobile may reclaim possession from the facility or person with whom the motor vehicle is stored upon payment of the reasonable cost of removal and storage of the motor vehicle, the expenses incurred pursuant to the provisions of N.J.S.A. 39:10A-3, et seq. and the charges for the servicing or repair of the motor vehicle or junk automobile.

Notice. The address of the owner as shown on the records of the New Jersey Division of Motor Vehicles shall be deemed sufficient notification for the purposes of this section.

§ 5-5.4 (Reserved) [1]

Editor's Note: Former subsection 5-5.4, Penalties, previously codified herein was repealed in its entirety by Ordinance No. 2006-14. See section 5-8 for penalty provisions.

§ 5-6 Use of Fire Hydrants.

[Ord. 8/13/68]

§ 5-6.1 Permission for Use Required.

No person shall open, use or turn on or assist in the use, opening or turning on of any fire hydrant without the permission of the township municipal utilities authority.

§ 5-6.2 Exception.

This section shall not apply to the use of any fire hydrant by a fire company or fire department rendering public fire service.

§ 5-6.3 Damage to Fire Hydrants Prohibited.

No person shall damage, injure or deface, or assist in the damaging, injuring or defacing, of any fire hydrant.

§ 5-7 Gambling.

[Ord. 1994-5]

§ 5-7.1 Playing for Money.

No person shall in or about the township play for money or other valuable thing at cards, dice or other game with one or more dice or with any instrument, engine or device in the nature of dice having one or more figures or numbers or billiards, pool, tennis, balls or shuffleboard or roulette tables or other tables or at faro bank or other bank of like nature whatsoever known or any slot machine or device in the nature of a slot machine or any other instrument, engine, apparatus or device having one or more figures or numbers thereon; or bet or wager on the outcome of any sport or other event for the purpose of gaming in public, nor in any vehicle or any place of public gathering such as any mall, meetings, school, shopping center, club, unless otherwise permitted by law.

§ 5-7A Removal of Snow and Ice.

[Ord. 1978-7]

§ 5-7A.1 Duty to Remove.

The owner or owners, occupant or occupants, tenant or tenants of premises, except in case of apartment complexes wherein the duty to remove will be the responsibility of the owner or management, abutting or bordering upon any street in the Township of East Windsor, shall remove all snow and ice from the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes within 25 hours after the same shall fall or be formed thereon.

The owner or owners, occupant or occupants, tenant or tenants of premises used by the public or business invitees shall remove all snow and ice from the sidewalks, streets and parking areas used by the public in the transaction of business thereat and, in the event of ice which may so be frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes within 24 hours after the same shall fall or be formed thereon.

In the case of apartment complexes and mobile home parks, the owner shall at all times keep passable a vehicular passageway from each building in the complex to the nearest public road sufficient for the entry and exit of fire and rescue vehicles to service each such building.

On or before October 1 each year the owner shall file with the chief of police the name, address and telephone number of the person the owner holds responsible for keeping such emergency vehicular passageway open at all times. If such person is not an employee of the owner, the owner shall also file the name, address and telephone number of himself or a person in his employ empowered to take action in case the first person so listed fails to keep the emergency vehicular passageway passable. Nothing in this paragraph shall be deemed to relieve the owner of any responsibility for insuring compliance with this subsection nor to relieve him of any liability in a civil suit arising from his failure to do so.

§ 5-7A.2 Casting of Snow or Ice.

No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in the township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to that person upon the sidewalks or streets of the Township of East Windsor.

§ 5-7A.3 Township Authority to Remove.

In case any snow or ice shall not be removed from such sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the same shall be removed forthwith and under the direction of the director of public works, and the cost of removal as nearly as can be ascertained shall be certified by the director of public works to the director of finance. The council shall examine such certification and if found to be correct, shall cause the cost to be charged against the real estate abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises, and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violation of any of the provisions of this section shall not constitute any bar to the right of the Township of East Windsor to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.

§ 5-7B Excavations. [1]

[Reserved by Ord. 1980-8]

(Reserved)

Editor's Note: Excavations regulations are reallocated to Chapter 15 (Streets and Sidewalks).

§ 5-7C Scavengers.

[Ord. 1984-32]

No person shall collect, pick up, remove, scatter or in any way disturb any ashes rubbish, papers, including newspapers or other refuse materials deposited in any container or bundle laid or placed on any curb, street or public place, except as provided in section 5-15.1d. This provision shall not apply to municipal employees or agents in performance of their duties in making collections of the materials.

§ 5-8 Penalty.

[Ord. 4/14/70; Ord. 1984-26; Ord. 2002-13; Ord. 2006-14]

§ 5-8.1 Maximum Penalty.

For violations 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 shall, upon conviction of a violation, be one or more of the following: a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge. Penalties for housing and zoning violation in excess of $1,250 shall not be imposed unless the owner of the property was provided with a 30 day period to cure or abate any violations and the owner of the property was afforded the opportunity for a hearing before a court of competent jurisdiction to determine if the abatement of any violation has been substantially completed. (N.J.S.A. 40:49-5)

§ 5-8.2 Separate Violations.

Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the township exists shall constitute a separate violation.

§ 5-8.3 Application.

The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.

§ 5-9 Use of Recreation Areas and Park Facilities.

[Ord. 1974-11; Ord. 1975-20; Ord. 1980-8; Ord. 1985-8]

§ 5-9.1 Prohibited Activities.

No person in any township lands and facilities belonging to or operated by the township shall:

Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, railing, pavings, or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.

Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means.

Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon, or across such lands, except on special written permit issued hereunder.

Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area.

Climb any tree or walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.

Tie or hitch an animal to any tree or plant.

Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor shall be remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, or deadly reptiles, may be killed on sight.

Throw, discharge, or otherwise place or cause to be placed in the water of any pond, lake, stream or other body of water in or adjacent to any township lands or facilities or any tributary stream, storm sewer, or drain flowing into such water, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.

Have brought in or shall dump in, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any township lands or facilities, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the township lands or facilities by the person responsible for its presence, and properly disposed of elsewhere. All pet owners shall be responsible for wrapping and placing in proper receptacles any excretion of such animal on township lands or facilities property.

Operate any motor vehicle on township lands or facilities property except passenger motor cars without prior permission of the township council. All motor vehicles driven on township lands or facilities property shall be driven only on paved roads and parking areas.

Park a vehicle or cause a vehicle to stand in other than an established or designated parking area, and such shall be in accordance with posted directions thereat and under the direction of any attendant who may be present.

Leave a vehicle standing or parked at night in established parking areas or elsewhere in the township lands or facilities areas.

Leave a bicycle in a place other than a bicycle rack when such is provided and there is space available.

Ride a bicycle on any area except those marked or otherwise designated specifically for bicycle riding.

Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by them.

Swim, bathe, or wade in any waters or waterways in or adjacent to any township lands or facilities, except in such waters and at such places as provided therefor, and in compliance with such regulations as are herein set forth or may be hereinafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activities are prohibited by the township council upon a finding that such use of the water would be dangerous or otherwise inadvisable.

Frequent any waters or places designated for the purposes of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the township council for such purposes for each individual site.

Dress or undress on any beach or in any vehicle, toilet or other place, except in such bathing houses or structures as may be provided for that purpose.

Bring into or operate any boat, raft, or other water craft, upon any waters, except at places designated for boating by the township council. Such activity shall be in accordance with applicable regulations as are now or hereafter adopted.

Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupant of any other boat.

Fish in any waters except in waters designated by the township council for that use and under such regulations and restrictions as have or may be prescribed by the township council.

Fish in any area where bathing is permitted.

No person shall carry or possess firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially inimical to wildlife and dangerous to humane safety, or any instrument that can be loaded with fire blank cartridges, or any kind of trapping device. Shooting into areas from beyond township lands or facilities boundaries is forbidden.

Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

Violate the regulation that use of individual fireplaces together with tables, and benches follows the generally accepted rule of "first come, first served."

aa.

Shall use such areas and facilities for an unreasonable time if the facilities are crowded.

bb.

Leave a picnic area before the fire is completely extinguished and before all trash is placed in the disposal receptacles where provided. If no such trash receptacles are available, then trash shall be carried away from the township lands or facilities area by the picnicker to be properly disposed of elsewhere.

cc.

Set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in township lands or facilities after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon, or the like except in those areas designated by the township council for those purposes.

dd.

Possess, consume or distribute alcoholic beverages;

ee.

Have in his possession, or set or otherwise cause to explode or discharge or burn, any firecrackers, torpedo-rockets, or other fireworks, firecrackers, or explosives of inflammable material or discharge them or throw them into any such areas from lands or highways and adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. At the discretion of the township council, permits may be given for conducting properly supervised fireworks in designated township lands or facilities areas pursuant to Federal and State law.

ff.

Shall bring a dog or other domestic animal into those areas where such animals are permitted unless such animals are restrained at all times on adequate leashes not greater than six feet in length.

gg.

Solicit alms or contributions for any purpose whether public or private.

hh.

Build or attempt to build a fire except in such areas and under such regulations as may be designated by the township council. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material with any township lands or facilities or on any highways, roads or streets abutting or contiguous thereto.

ii.

Enter an area posted as "Closed to the public", nor shall any person use, or abet in the use of any area in violation of posted notices.

jj.

Sleep or protractedly lounge on the seats or benches or other areas or engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any disorderly conduct.

kk.

Fail to produce and exhibit any permit from the township council he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.

ll.

Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.

mm.

Expose or offer for sale any article or thing, nor shall be station or place any stand, cart, or vehicle for the transportation, sale, or display of any article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the township council.

nn.

Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to township lands and facilities, except in the manner and at those places which may be designated for that purpose by the township council.

oo.

Fail to observe any regulations or schedules posted to regulate the usage of crowded facilities such as tennis courts.

§ 5-9.2 Hours and Scheduling.

The township manager shall promulgate such reasonable regulations as he deems necessary for the use of public lands and facilities.

§ 5-9.3 Special Events Permits.

No group or organization of more than 50 people may use the facilities of any township lands and facilities for any event without having first obtained a special events permit. Permits for special events in township lands and facilities shall be obtained by application to the township manager in accordance with the following procedure:

A person seeking issuance of a permit hereunder shall file an application with the township manager stating:

The name and address of the applicant.

The name and address of the person sponsoring the activity, if any.

The day and hours for which the permit is desired.

The park or portion thereof for which such permit is desired.

Any other information which the township manager shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

The application shall be accompanied by a check for $10 to cover the cost of processing the application and using the permit. Two dollars shall be refundable if the application is denied.

Standards for issuance of a permit by the township manager shall include the following findings:

That the proposed activity or use of the township lands and facilities will not unreasonably interfere with or detract from the general public enjoyment of the township lands and facilities.

That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation.

That the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct.

That the proposed activity shall not entail extraordinary or burdensome expense to the township.

That the facilities desired have not been reserved for other use at the date and hour requested in the application.

Within five days after the receipt of an application the township manager shall apprise an applicant in writing of its reasons for refusing a permit, and any aggrieved person shall have the right to appeal to the township council by serving written notice thereof on the township clerk within five days of the refusal.

A copy of the notice shall also be served on the township manager within the same time and the manager shall immediately forward the application and the reasons for its refusal to the township council which shall consider the application, the standards set forth under paragraph 5-9.3b hereof and sustain or overrule the township manager's decision within ten days from the receipt of the appeal by the township clerk. The decision of the township council shall be final.

A permittee shall be bound by all township lands and facilities rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

The person or persons to whom the permit is issued shall be liable for all loss, damage, or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued. The township manager shall have the right to require any permittee to provide as a condition of receiving a permit such guarantees as will reasonably insure no loss to the public for the consequences of any act of the applicant and also to require any applicant to submit evidence of liability insurance covering injuries to members of the general public arising out of such permitted activities in such amounts as may be from time to time determined by the manager prior to the commencement of any activity or issuance of any permit.

§ 5-9.4 Smoking Prohibited in Recreation Areas and Park Facilities.

[Added 3-9-2021 by Ord. No. 2021-01]

§ 5-9.4.1 Definitions.

As used in this section:

RECREATION AREAS AND PARK FACILITIES — Shall include any Township lands and facilities owned by or operated by the Township upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities

SMOKING — 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 inhaling or exhaling of smoke or vapor from an electronic smoking device.

§ 5-9.4.2 Smoking Prohibited in Public Places.

Smoking shall be prohibited in all recreation areas and park facilities which have been designated with no-smoking signs. Areas designated as smoke-free recreation areas and park facilities shall include: Anker Park, Bear Brook Pathway, Disbrow Hill Fields, Disbrow Hill Trail, Dreyfus Park, East Windsor Police Athletic League Complex, Etra Lake Park, Etra Lake Pathway, Rocky Brook Pathway, Turnpike Park, Turnpike Park Pathway, Veterans Park, Westfield Road Park, Wiltshire Park, Woods Road Community Park, and all other Township lands and facilities.

§ 5-9.4.3 Signage Required.

No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a diagonal line through its cross section) shall be clearly, sufficiently and conspicuously posted at the entrance to every public place where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

§ 5-9.4.4 Enforcement.

The Township Manager, police officer, health officer or other public employee engaged in the execution or enforcement of this section, or any other citizen, may enforce and sign a complaint against any individual for violation of the provisions of this section.

§ 5-9.4.5 Violations and Penalties.

For a violation of the provisions of this section, the penalty upon conviction shall be a fine of up to $100 for the first offense, up to $250 for the second offense, and up to $500 for each subsequent offense

§ 5-9.4.6 Construal of Provisions.

No provision in this section shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws.

§ 5-10 Discharge of Firearms. [1]

[Ord. 1974-21; Ord. 1983-21; Ord. 1983-40; Ord. 1994-4; Ord. 2002-17]

Editor's Note: For provisions pertaining to firearms qualification examination fees, see Section 3-13b.

§ 5-10.1 Prohibition of Discharge of Firearms.

No firearm may be carried, loaded or unloaded, or discharged within 450 feet of any dwelling, playground, schoolyard, public park, acquired open space site, athletic field or other location where people might reasonably be expected to be.

No firearm shall be carried, loaded or unloaded, or discharged in any of the following areas:

The portion of East Windsor Township which lies east of the New Jersey Turnpike and north of Etra Road to Disbrow Hill Road and north of Disbrow Hill Road; and

The portion of the township that lies north of Conover Road and west of the New Jersey Turnpike; and

The portion of the township that lies west of the New Jersey Turnpike and south of Conover Road and east of the Jersey Central Power and Light right-of-way (Block 46, Lot 21 and Block 44, Lot 5) located between Conover Road and the New Jersey Turnpike.

§ 5-10.2 Exceptions.

Nothing in this section shall apply to the following activities:

Landowners hunting upon their own property in accordance with State laws.

Farmers carrying and discharging firearms in the process of animal control in accordance with State law.

Discharging of firearms in connection with a supervised indoor target range.

Nothing in this section shall apply to activities carried on as a part of authorized recreational activities at any municipal trap and skeet shooting range.

Nothing in this section shall apply to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm or from carrying the same in a manner specified in subsection 5-10.2g, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

Nothing in this section shall apply to prevent transportation of firearms directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any rifle or pistol club, or any other firearms collector's club for the purpose of displaying the firearms to the public, provided those firearms in such exhibition have been provided in accordance with N.J.S.A. 2C:39-6 and said firearms are transported in accordance with paragraph g.

All weapons being transported shall be carried unloaded and contained in a closed and fastened case, gun box, securely tied package, or locked in the trunk of an automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

§ 5-10.3 Posting of Signs.

The department of public works shall be responsible for posting signs on each road entering the township indicating to persons entering the township by way of such roads that there are designated areas of the township in which the discharging of firearms is prohibited. The signs shall be inspected from time to time and maintained by the township police department.

§ 5-11 Motor Vehicle Race Courses.

§ 5-11.1 Definitions.

[Ord. 1983-30; Ord. 1986-36]

CONTINUOUS AIRBORNE SOUND or CONTINUOUS SOUND — Shall mean sound that is measured by a fast response setting of a sound level meter.

CONTINUOUS SPAN RACE COURSES — Shall mean those courses or tracks which are formed by a continuous span of asphalt, clay or dirt with no visible beginning or end, whether such a course or track is circular, elliptical or in any other closed shape.

dBA — Shall mean the measured sound level expressed in decibels when using the "A" weighted network of a sound level meter.

MOTOR VEHICLE — Shall mean a vehicle defined as a motor vehicle under N.J.S. 39:1-1. Such definition shall include but not be limited to all vehicles propelled otherwise than by muscular power except motorized bicycles as defined in N.J.S. 39:8.1-1.

PROMOTER — Shall mean any person organizing or sponsoring a motor vehicle race.

RACING SURFACE — Shall mean that portion of the race course on which the motor vehicles actually race.

RESIDENTIAL REAL PROPERTY BOUNDARY — Shall mean any lot line of any lot located in a zone where residential uses are permitted pursuant to the Township Zoning Ordinance.

SOUND LEVEL METER — Shall mean the instrument officially designated pursuant to paragraph c of this subsection for measuring noise and sound levels.

VEHICULAR NOISE LEVEL — Shall mean the total amount of noise generated at any time during a race by the motor vehicles racing in that race.

§ 5-11.2 Adoption of Noise Emission Standards.

The township hereby adopts and promulgates the following noise emission standards (NES) for motor vehicles racing on continuous span race courses:

NOISE EMISSION STANDARD (NES)
Maximum Noise Level Limit (dBA)	Maximum Time Duration During Any 4-Hour Period at that dBA
78	14.4 seconds
75	72.0 seconds
70	6.67 minutes
68	14.4 minutes
66	31.9 minutes
64	53.3 minutes
62	79.9 minutes
To be measured at any residential real property boundary.

§ 5-11.3 Exceeding Noise Level Limit Prohibited.

No person shall at any time run or cause to be run any race on any continuous span race course within the township, the vehicular noise level of which exceeds the NES.

§ 5-11.4 Submission of Schedule.

At least seven days prior to any day upon which races are to be held within the township, the promoter shall submit to the township manager a schedule indicating estimated times of beginning and completion of any race to be held.

§ 5-11.5 Enforcement.

The township manager shall provide for the enforcement of this section by township personnel trained in the use of noise measurement equipment.

§ 5-11.6 Posting Notice of Noise Measurement Equipment.

On or before March 1 of each year the township manager shall post in a public area of the municipal building the name, make and model number of the sound level meter to be used during the next 12 months, together with a description of the basic properties and features of such equipment and of the manner and procedure by which all measurements will be made. All measurements taken during the following 12 months shall be taken in the manner and with equipment the description of which had been thus posted. No change in equipment or method of measurement used shall be made during the 12 month period except by promulgation of amendments in the manner set forth in this section, not less than 45 days before such change is to become effective.

§ 5-11.7 Proof of Exceeding Noise Level Required.

No person shall be charged with exceeding the NES except on proof of a measurement of vehicular noise level made in accordance with the procedures promulgated pursuant to subsection 5-11.6 above.

§ 5-11.8 Times of Races; Permission Required.

Races may be held on two days per week. No race shall start before 1:00 p.m. nor end after 11:00 p.m. without special permission of the township council. Provided however that race meets involving the racing of single motor vehicle at a time shall not start before 11:00 a.m. nor end after 11:00 p.m. All motor vehicles on any race course shall be muffled with conventional street muffling.

§ 5-11.9 Superseding of Other Ordinances or Regulations.

This section shall be deemed to supersede any existing ordinance or regulation made pursuant to any ordinance purporting to regulate noise emissions of vehicles on continuous span race courses.

§ 5-11.10 Severability.

If any part of this section shall be judged by any court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of the section but shall be confined in its operation to that portion judged invalid.

§ 5-11.11 Effective Date.

This section shag take effect 20 days after final passage and publication according to law, except that no person shall be issued a summons for violation of subsection 5-11.3 of this section occurring before 1 April, 1984.

§ 5-11.12 Transitional Provision.

The measuring equipment to be used by the township pursuant to subsection 5-11.7 thereof during the period prior to 1 April, 1984, shall be fully described in information posted pursuant to subsection 5-11.6 not less than ten days before an official measurement is made.

§ 5-12 Smoking Prohibited in Public Facilities.

[Ord. 1975-31; Ord. 1987-2]

The smoking of any form of cigarette, cigar or pipe is hereby prohibited in all areas of any building owned or operated by the township except as specifically permitted in Personnel Policy Number III-15, which is incorporated herein by reference and a copy of which is available from the township clerk.

§ 5-13 Registration of Bicycles.

[Ord. 1975-25]

§ 5-13.1 Required; Effective Date.

Within 60 days of December 3, 1975, all pedal driven vehicles with tires 20 inches or more in diameter shall be registered by their owner with the police department before they are used on township streets.

§ 5-13.2 Registration Form and Disk.

Registration Form. The chief of police is hereby authorized to prepare and disseminate a registration form upon which the owner shall provide his name and address, the serial number, make and year of the vehicle, and such other information as the chief may deem desirable.

Registration Disk. Upon registration, each owner shall be given a registration disk which shall be affixed to the bicycle in such a manner that it cannot readily be removed.

§ 5-13.3 Equipment Required.

Lights. All vehicles operated between sundown and sunrise shall have as equipment in working order, a light on the front emitting a white light visible from a distance of at least 500 feet to the front and, on the rear, a reflector or light visible from a distance of 500 feet.

Bell or Device for Audible Signal. All registered bicycles shall be equipped with a bell or other device to be approved by the chief of police capable of giving a signal audible for a distance of at least 100 feet.

§ 5-13.4 Penalty.

Any township resident operating a vehicle in violation of this section shall be subject to punishment in accordance with section 5-8 of this revision.

§ 5-14 Drug-Free School Zone.

[Ord. 1988-20]

§ 5-14.1 Drug-Free School Zone Map.

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the drug-free school zone map prepared by George Fries, P.E. and L.S., New Jersey License No. 32816 and 25385, respectively, dated October 20, 1988, 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.

§ 5-14.2 Notification of Change of School Properties.

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 clerk, 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.

§ 5-14.3 Original and Copies of Maps.

The township clerk shall keep on file the original of the map approved and adopted under 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. A true copy of the map and this section shall be provided without cost to the county clerk and the Office of the Mercer County Prosecutor.

§ 5-14.4 Purpose of Map.

It is the purpose and intent that the map approved and adopted under this section be used as evidence in prosecutions arising out of the criminal laws of this State and that pursuant to State law, such map shall constitute prima facie evidence of the following:

The location of elementary and secondary schools within the municipality;

The boundaries of the real property which is owned by or leased to such schools or a school board;

That such school property is and continues to be used for school purposes; and

The location of boundaries and areas which are on or within 1,000 feet of school property.

Pursuant to provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of the map or diagram other than the one approved and adopted pursuant to 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 actions 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.

§ 5-14.5 School Properties.

All of the properties depicted on the map approved and adopted herein as school properties were owned by or leased to a school or school board and were being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.

§ 5-15 Recycling Requirements.

[Ord. 1989-18; Ord. 1994-14]

§ 5-15.1 Recycling Requirements.

Pursuant to the Recycling Act, each resident of East Windsor Township shall be required to comply with the recycling plan of East Windsor Township, adopting the Mercer County Recycling Plan to meet the State mandated recycling goals. To effectuate and implement the East Windsor Township Recycling Plan, it is hereby required that:

Municipality.

The Township of East Windsor hereby adopts this section to provide for recycling within its borders pursuant to the Recycling Act adopting herein the Mercer County Recycling Plan as its official municipal recycling program; and

All municipal contracts for solid waste collection and/or disposal within East Windsor Township shall be consistent with this section and the Mercer County Recycling Plan.

The Township of East Windsor shall heretofore provide for a collection system for leaves generated from residential premises, and require that persons occupying residential premises within these municipal boundaries shall, for the period from September 1 to December 31 of each year, source separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided in Chapter 23A of the Revised General Ordinances of the Township of East Windsor.

The Township of East Windsor may deliver tires to the Existing Transfer Station, or such site as designated by the Mercer County Improvement Authority, for transfer to a tire recycler.

The Township of East Windsor shall, at a minimum, within 30 days after the adoption of this section and at least once every six months thereafter, notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities, and the source separation requirements of its ordinance and the Mercer County Recycling Plan. In order to fulfill the notification requirements of this subsection, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.

The Township of East Windsor shall, pursuant to N.J.S.A. 13:1E-99.16(c), within 30 days of the effective date of this section, and at least once every 36 months thereafter, conduct a review and make necessary revisions to the master plan and development regulations adopted pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.), which revisions shall reflect changes in State, County and Municipal policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.

The revised master plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in this section, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.

Residents:

On and after the official commencement date of the County Recycling System within East Windsor Township, each person residing in areas designated for recycling collection, shall separate for curbside collection on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority, those materials designated in the Mercer County Recycling Plan as listed below; and shall do so in the manner as set forth in this section; and

All residents shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:

Acceptable glass containers;

Acceptable metal containers;

Batteries.

Any and all persons having been found to have violated the provisions of the recycling plan of the Township of East Windsor will be assessed warnings, penalties and fines pursuant to subsection 5-15.5 (Penalties) of this section; and

At the time of placement of recyclable materials designated for collection by the recycling plan of the Township of East Windsor at the curb or streetside of residential units said materials shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution by that resident to the County Recycling System for collection by the Mercer County Improvement Authority or its agent; and

Any resident within East Windsor Township may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection under any circumstances unless that person has registered with the Mercer County Improvement Authority as a Private Recycler; and

Batteries shall not be part of the curbside collection program but shall be disposed of in markets set forth in the Mercer County Recycling Plan Market Guide.

Commercial Industrial and Institutional Establishments.

All commercial, industrial and institutional establishments located within East Windsor Township shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:

Paper, including:

(1)

Acceptable mixed paper;

(2)

Corrugated cardboard; and

(3)

Office paper; and

Acceptable glass containers;

Acceptable metal containers;

(d)

Tires;

(e)

White goods; and

(f)

Batteries.

All commercial/industrial/institutional establishments located within East Windsor Township shall submit a source separation recycling plan to the Mercer County Improvement Authority to meet the State recycling mandates identifying or incorporating the following:

All waste material generated, listed by type; and

All volumes of these waste categories currently recycled, and

Any agreement with any solid waste hauler or with a separate entity for the recycling of source separation designated materials as defined within the Mercer County Recycling Plan; and

(d)

A description of current or proposed recycling efforts for designated materials; and

That the schedule for submittal of these commercial/ industrial/institutional recycling plans to the Mercer County Improvement Authority shall be as follows:

All commercial/industrial/institutional establishments whose waste is collected by private haulers and not serviced by municipal collection shall submit the plan within four months of enactment of this section and shall implement same within two months following approval of the plan by the Mercer County Improvement Authority;

All commercial/industrial/institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system of recyclables.

All commercial/industrial/institutional establishments required to submit a recycling plan under this section may, at their option, submit a joint recycling plan with any other entity or entities whereby a common hauler and/or collection point, for common pickup, is set forth. However each commercial/industrial/institutional establishment shall submit a plan identifying that they are part of this joint plan and shall attach a copy of same, incorporating it by reference.

Any such commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Recycling Plan and this section. The failure to submit said plan or comply with same shall subject the commercial/ industrial/institutional establishment to penalties as set forth in this section; and

An extension of the time for plan submittal and/or plan implementation of up to 90 days may be requested from the Mercer County Improvement Authority depending upon the size of the establishment. Justification for such a request shall be submitted to the Mercer County Improvement Authority in writing and shall be verified as necessary or justified; and

Pursuant to the Mercer County Recycling Ordinance No. 89-19, upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this section and/or the source separation and recycling provisions of the recycling act, if not exempted pursuant to paragraph c8 described hereafter, the Mercer County Improvement Authority shall provide said recycling services, and all fees and costs for providing said recycling service shall be assessed at rates to be established by the Mercer County Improvement Authority through the New Jersey Board of Public Utilities and Mercer County's Solid Waste Franchise; and penalties shall be assessed as provided for in this section; and

Pursuant to N.J.S.A. 13:1E-99-16 of the recycling act, this municipality shall have the right to exempt persons occupying commercial and institutional premises within the municipal boundaries from the source separation requirements of the section if those persons have otherwise provided for the recycling of the recyclable materials designated in the Mercer County Recycling Plan from solid waste generated at those premises. This municipality shall annually submit to the Mercer County Improvement Authority a list of those commercial/industrial/institutional establishments requesting exemptions under this subsection and the results of its determination with an explanation for said action. To be eligible for an exemption pursuant to this paragraph, a commercial or institutional solid waste generator shall annually provide written documentation to this municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this paragraph shall not be exempted from the reporting provisions of paragraph c3.

Batteries shall not be part of the curbside collection program but shall be disposed of in markets set forth in the Mercer County Recycling Plan Market Guide.

Private Recyclers.

Any person or group of persons wishing to collect recyclable materials shall register with the Mercer County Improvement Authority as a "Private Recycler"; and

No private recycler shall conduct recycling collection activities within the Township of East Windsor on designated County collection days; and

Upon registration, each private recycler shall receive an identification/registration decal from the Mercer County Improvement Authority and shall prominently display same on recycling vehicles when collecting recyclables within the Township of East Windsor; and

An ongoing condition of collection activities within the municipality shall be the submittal of certified weight tickets to the Mercer County Improvement Authority for material sold to quantify levels for State mandated recycling goals. Said tickets shall be submitted to the Mercer County Improvement Authority no later than 30 days following the date of sale of the subject material.

§ 5-15.2 Enforcement.

The enforcement of the Recycling Plan of the Township of East Windsor shall be provided individually and severally by the Township of East Windsor with regard to enforcement of this section, and/or the Mercer County Improvement Authority, and/or the New Jersey Department of Environmental Protection.

§ 5-15.3 Registration Requirements.

No person shall collect recyclables within the Township of East Windsor unless registered with the Mercer County Improvement Authority and the requisite fee has been paid, unless an exemption has been granted by the Mercer County Improvement Authority in accordance with Mercer County Ordinance No. 89-19. The identification/registration decal of each person so registered shall be prominently displayed on each recycling vehicle at all times while collecting recyclables within the Township of East Windsor.

§ 5-15.4 Violation of Registration Requirements.

Failure to register or to display the identification registration decal on vehicles while collecting recyclables within the Township of East Windsor shall subject such private recycler to a fine of $250 per offense; and

Any person or entity conducting recycling collection activities within East Windsor Township on designated County recycling collection days shall be assessed a penalty of $250 per offense.

§ 5-15.5 Penalties.

Residents.

Any resident of the Township of East Windsor who is found to have violated the provisions of this section shall be subject to the following procedures and penalties:

A warning on the first occasion and suspension of waste collection;

A fine up to $500 per day of violation depending upon the extent of and circumstances of the violation to be assessed pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized hereby and pursuant to the inclusion of this section within the Mercer County Solid Waste Management Plan.

The terms and provisions of this section may be enforced individually and severally by East Windsor Township, the Mercer County Improvement Authority and the New Jersey Department of Environmental Protection.

Commercial, Industrial and Institutional Establishments.

Failure to submit the plan or have an approved plan in place as required by this section shall subject the commercial/industrial/ institutional establishment to a fine up to $100 per day until plan submittal requirements are met.

Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the County pursuant to subsection 5-15.2 of the section shall be subject to the following procedures and penalties:

A warning on the first occasion and suspension of waste collection.

A fine up to $1,000 per day of violation depending upon the extent of and pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized hereby.

§ 5-16 Towing and Storage of Vehicles.

[Ord. 1992-20; Ord. 2003-01; Ord. 2012-2]

§ 5-16.1 Purpose.

It is the purpose of this section to regulate towing and storage of private motor vehicles which are the result of the police department calls for assistance within the Township of East Windsor in accordance with N.J.S.A. 40:48-2.49 and N.J.S.A. 40A:11-5(1)(u).

§ 5-16.2 Definitions.

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

AUTOMOBILE

Shall mean a private passenger automobile of a private passenger or station wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers, nor rented to others with a driver; and a motor vehicle with a pick-up body, or delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes owned by an individual or by husband or wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured, other than farming.

BASIC TOWING SERVICE

Shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm.

CRUISING

Shall mean the operation of an unengaged wrecker along public streets in any fashion intended, likely or calculated to solicit business.

OWNER

Shall mean a person, firm or corporation who owns and/or operates a vehicle on the roads or the highways within the Township of East Windsor, which vehicle, by reason of being disabled or being unlawfully upon said roads requires towing services.

TOW SHEET

Shall mean a list of towing and storage contractors maintained by the police department containing the names and addresses of towing and storage contractors who will be called on a rotating basis when the police department determines that the assistance of such services is required within the township.

TOW VEHICLE

Shall mean only those vehicles equipped with a broom or brooms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles. Tow vehicles shall include wreckers.

TOWING OPERATOR

Shall mean a person, firm or corporation engaged in the business of providing wrecker services which are made available to the general public upon such rates, charges, fees as are determined by this section and applied for and are listed on the "tow sheet" of the township. Wrecker or vehicle by mechanical power employed for the purpose of towing, transferring, conveying or removing any and all kinds of vehicles or parts of vehicles which are unable to be operated under their own power for which a service charge or fee is exact.

§ 5-16.3 Enforcement of Section.

The chief of police or member of the police department designated by him/her is authorized to enforce the provisions set forth in this section.

§ 5-16.4 Dictation of Calls.

The chief of police or his/her designee shall establish a list of towing and storage contractors designated to provide towing and storage services required by the police department. Any towing and storage contractors qualified pursuant to this section shall be included on a list. The township will call the towing service in strict rotation among the services under contract with the township and will maintain a "tow sheet" out of township police headquarters. Nothing herein shall prevent the chief of police or his/her designee from requesting additional towing services from others if, in the judgment of such person, the size, nature or scope of the accident conditions or the performance of the towing service requires that assistance be rendered. This section shall not apply to the following:

When a vehicle owner requests the services of a particular towing service.

If the towing service is called and subject vehicle is started before the towing service arrives, there will be no fee charged by the towing service and the towing service will not be credited for the call by the township.

If the towing service refuses and/or is not available or does not answer within 20 minutes of notification, the call will be credited against the towing service.

§ 5-16.5 Application.

All towing and storage contractors desiring to be included on the tow sheet shall file an application with the police department on a form to be approved by the chief of police. By filing such application, the applicant shall agree to the conditions outlined on the application, including compliance with all provisions of this section.

§ 5-16.6 Standards and Qualifications.

The following are the minimum standards/qualifications required to be considered for inclusion on the tow sheet:

Accidents Involving Large Vehicles. The towing and storage contractors must be prepared to promptly clear the roadway of any or all types of disabled vehicles. Where the vehicles are too large for the service to remove from the scene, after clearing the roadway, the police will call for assistance of others.

Hours of Service/Timeliness of Service.

The towing service shall be available 24 hours per day, seven days a week.

The towing service shall be at the location requested by the township within 20 minutes of notification. After 20 minutes, the township will call another towing service.

The towing service shall have someone available to release vehicles from storage in accordance with subsection 5-16.6f of this section.

The response time determination is to be initiated when the police call requesting towing is completed. Where the police reach the next eligible contractor on the list, that contractor shall be deemed to have forfeited its position and the next succeeding contractor shall be called.

Performance Standards. The towing and storage contractor will meet the following response performance standards:

Ninety percent of all calls referred will be answered (towing vehicle on scene) within the response time outlined above.

Not more than ten percent of the calls will be answered within an additional ten minutes (day or night).

No response will be later than 20 minutes, whether day or night.

The performance standard will be reviewed periodically. Where the towing and storage contractor performance record is found to be unsatisfactory, it will be removed from the tow sheet for at least six months and until it shall have provided satisfactory evidence to the chief of police that it has undertaken effective steps and implemented such procedures as are necessary to meet the foregoing performance standards.

Equipment Specification. The towing and storage contractor is required to have the following minimum equipment:

Flatbed tow vehicle;

Conventional wrecker or wraparound equipped wrecker;

Safety equipment: Each vehicle shall have beacon and warning lights, tow vehicle illumination and stop lights and portable fire extinguishers;

Environmental cleanup equipment: All tow vehicles must carry environmental cleanup equipment and supplies such as brooms, containers, shovels and absorbent material.

The towing service is responsible for the prompt and safe removal of the vehicle and for the prompt and complete removal of all litter and debris resulting from the incident. In instances that require an environmental cleanup, a tow service may charge a rate of $50 per one-half hour for labor and materials.

Registered Towing Personnel. During the month of March each year, the towing and storage contractor must register with the chief of police all personnel who are authorized by the firm to provide towing and storage service for the firm. This registration must include for each person:

Name, residence and telephone number;

New Jersey driver's license number and expiration date;

Social security number;

Signed statement by each such person setting forth their understanding that a background check will be performed by the police department, the results of which will be used by the police department in determining the eligibility of the towing and storage contractor for inclusion on the tow sheet.

The list will be updated by the towing and storage service contractor as necessary to ensure that it remains current.

Disabled Vehicle Storage. The towing service must operate a suitable, fenced and secure vehicle storage area in an area zoned for such use. The lot must be able to store at least nine full-size vehicles. Said storage yard must be within a three-mile radius of the Township of East Windsor. Upon request, authorized personnel of the police department shall be able to have access to vehicles 24 hours per day within the storage area.

Insurance and Indemnification.

Insurance. The towing and storage contractor shall maintain the following minimum insurance coverage:

Automobile liability in an amount not less than one million ($1,000,000) dollars combined single limits.

Workers' compensation as required by Statute.