Township of Belleville, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. #1685; Ord. #1851]
[Ord. #1685 § 1]
a. 
As used in this section, the terms "motor vehicle," "omnibus," "road tractor," "truck tractor," and "vehicle" shall have the meanings stated and as defined in R.S. 39:1-1 et seq.
b. 
Abandon shall mean and include any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor and vehicle which:
1. 
Is parked without the current year's registration or identification markers as required by law;
2. 
Has been continuously parked in any of the places hereafter mentioned in this section for a period of 48 hours.
3. 
Is so disabled as to constitute an obstruction to traffic and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic;
4. 
Is found to be mechanically inoperative;
5. 
Is found without one or more tires thereon.
[Ord. #1685 § 2]
It is unlawful for any person to abandon a motor vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle on any public street or highway of the Town; on any municipally owned or operated parking lot; on any property which is owned, leased or maintained by the Town; or, on any property which is owned, leased or maintained by the Town Board of Education.
[Ord. #1685 § 3]
Whenever any member of the police division, department of public safety, finds any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor or vehicle abandoned on any public street or highway of the Town, or on any public property described in subsection 3-1.2, such member of the police division, department of public safety, shall move or secure its removal to such garage as may be designated by the director of the department of public safety, as a garage or place for the impounding of such vehicles and such vehicles shall be retained and impounded until the person owning the same shall first pay the reasonable cost of the removal together with a garage or storage charge of $1 for each day same is retained and impounded and any fine or penalty and court costs assessed against him for a violation which gave rise to the seizure or taking of possession of such vehicle.
Whenever any vehicle is impounded as provided in this subsection, the Police Chief or some member of the police division, department of public safety, designated by and acting for him, shall, within five days from the date of such impoundment, notify the registered owner, in writing, by personal service or certified mail, at the last known address of such owner, of the removal of such vehicle, the reason for its removal and the location of the vehicle.
[Ord. #1685 § 4]
Whenever any vehicle impounded by the police division, department of public safety, shall remain unclaimed for a period of 30 days, the vehicle shall be sold under the direction of the Township Council at public auction, to the highest bidder. Such auction sale shall take place after notice of such sale has been given at least five days prior thereto, by one publication in a newspaper circulating in the Town, and upon mailing a copy of the notice to the owner of the vehicle by certified mail at least five days prior to such sale. The address of the owner as shown on the records of the State Motor Vehicle Commission shall be deemed sufficient for the purposes of this subsection.
[Ord. #1851]
Any person who violated this section shall, in addition to the penalty provided in section 3-24, shall be liable for any towing or storage charges which may be incurred.
[Ord. #1610; Ord. #1630]
[Ord. #1610 § 1; Ord. #1630 § 1]
It is unlawful for any person to park a motor vehicle on an off-street parking area adjacent to any public school building located within the Town and under the jurisdiction of the Town Board of Education, excepting those vehicles owned and operated by the employees of the Board of Education and of persons transacting the business of the Board of Education in any such building.
[Ord. #1610 § 2]
Vehicles owned and operated by employees of the Board of Education or by persons transacting business with the Board of Education shall be parked in spaces to be designated as parking areas for such purposes.
[Ord. #1610 § 2]
Motor vehicles so permitted to park in spaces provided shall bear identification indicating they are permitted to park, the identification to be placed on the right rear window of such vehicles.
[Ord. #2943]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 584, 1686, 1806 and 2131.
[Ord. #2943 § 2]
This section is intended to set forth the requirements of the Township regarding litter, refuse collection and recycling.
[Ord. #2943 § 2; Ord. No. 3202; Ord. No. 3458]
As used in this section 3-3, the following terms shall be defined as indicated.
ACCEPTABLE WASTE
Shall mean waste designated by the Essex County Solid Waste Management Plan as eligible to be delivered for processing to a disposal facility.
ALUMINUM BEVERAGE CONTAINERS
Includes all containers normally used in the consumption of alcoholic and nonalcoholic beverages both in the home and in retail establishments dispensing the same for on or off premises consumption, the same being made entirely of aluminum.
ASHES
Shall mean the residue or product of burning of any combustible materials or substance, whether burned for heating, for disposal of refuse by incineration, or otherwise, and shall also include soot.
BIMETAL (TIN/STEEL) CANS
Shall mean aluminum and tin or tin-plated steel food and beverage containers, including those for fruits, vegetables, juices and pet food.
BULK TRASH
Shall mean:
a. 
Household furniture and furnishings, including mattresses, box springs, storm windows, screens, household doors, wooden cabinets and ceramic bathroom fixtures;
b. 
Empty latex paint cans;
c. 
Ashes;
d. 
Rolled carpets, of maximum length of four feet;
e. 
Scrap lumber, tied in bundles not exceeding four feet in length or 50 pounds in weight;
f. 
Lawn and garden debris, in containers or bundles as outlined in the definition set forth in this section.
g. 
Wallboard, plaster and building materials not exceeding three containers or three bundles a collection day from any one dwelling unit, with such containers or bundles not exceeding 50 pounds in weight and such bundles not exceeding four feet in length.
h. 
Other NJDEP Type 13 refuse of a similar nature and kind.
COLLECTION SITE
Shall mean the location of waste containers on collection day.
COLLECTION SOURCE
Shall mean a generator of designated collected solid waste to whom service is provided by the Township.
COMMERCIAL SOURCE
Shall mean wholesale, retail, service or manufacturing establishments, including but not limited to restaurants, markets, offices, retail and wholesale outlets, industrial establishments and theaters.
COMMINGLED RECYCLABLE MATERIAL
Shall mean source separated metal, glass and plastic food, beverage or household product containers which are placed together in the same container for the purpose of recycling.
CORRUGATED CONTAINERS
Shall mean all corrugated cardboard of the type commonly used for boxes, shipping containers and packing materials having exterior cardboard plies separated by air spaces created by one or more fabricated cardboard plies.
CORRUGATED CONTAINERS, OLD
Shall mean all corrugated cardboard of the type commonly used for boxes, shipping containers and packing material having exterior cardboard plies separated by air spaces created by one or more fabricated cardboard piles.
CURB
Shall mean the area adjoining the curbline of streets, from the curb itself away from the street for a distance of three feet.
DEAD ANIMALS
Shall mean the carcasses of domestic and wild animals of every kind and description weighing not more than 100 pounds.
FERROUS SCRAP
Shall mean scrap metal that is magnetic and rusts such as structural steel or cast iron components.
GARBAGE
Shall mean putrescible culinary waste, including any accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking, or storage of food.
GLASS FOOD AND BEVERAGE CONTAINERS
Shall mean all containers and objects commonly used in residential and nonresidential premises, such as bottles, jars, glasses, jugs and all other vessels made entirely and exclusively of glass.
HAZARDOUS REFUSE
Shall mean any waste that poses a present or potential threat to human health, living organisms or to the environment. It shall include waste material that is toxic, corrosive, irritating, radioactive, biologically infectious, explosive or flammable.
HOLIDAY
Shall mean a regularly scheduled collection day on which the authorized disposal facilities are closed, including: New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
INDUSTRIAL SOURCE
Shall mean any location classified as Class 4B in the records of the tax assessor of the Township of Belleville.
INSTITUTIONAL SOURCES
Shall mean churches synagogues, colleges, schools, municipal or municipally supported bodies, not-for-profit organizations and the like.
LAW
Shall mean and include as judicially interpreted: The Constitution of the State of New Jersey; Statutes and Codes of the State of New Jersey; the Charter and Code and/or Ordinances of the Township of Belleville; any codes, regulations, directives, orders and mandates having the effect of law enacted by any Federal, State or County department, board, agency, commission, or political subdivision of the foregoing, where applicable to the collection, hauling or disposal of refuse or recyclable materials.
LAWN AND GARDEN DEBRIS
Shall mean waste arising from the care of lawns and gardens, including hedge and grass clippings, leaves, small bushes, shrubs, small tree branches that are less than four inches in diameter and tied securely in bundles not more than four feet in length and not more than 50 pounds in weight, and Christmas trees.
LEAD ACID BATTERIES (VEHICLE BATTERIES)
Shall mean the types that contain lead and lead oxide with the sulfuric acid electrolyte producing a voltage.
LEAVES
Shall mean foliage material naturally formed from trees and bushes that are suitable for composting and mulching.
LEGAL NEWSPAPER
Shall mean the Belleville Times, the Belleville Post and the Star Ledger.
LITTER
Shall mean any and all materials, except those that are naturally occurring, such as leaves, which are not within a receptacle and which is thrown, cast or laid upon the ground for purposes of disposal.
MECHANICAL REFUSE CONTAINER OR MRC
Shall mean any container so designed to be used in conjunction with vehicles equipped with a hoisting mechanism for loading the containers on the chassis of a vehicle and/or dumping the contents of the containers into the vehicle.
MEDICAL WASTE
Shall mean such medical waste and/or infectious waste as defined in N.J.A.C. 7:26-3A.
MIXED OFFICE PAPER
Shall mean a combination of paper products from an office environment, typically, it means high-grade papers such as copier paper, computer printout, and stationary. It also includes magazines, catalogs, brochures, white envelopes, advertising flyers and most mail.
MIXED PAPER
Shall mean newspaper, magazines, catalogs, junk mail, paperback books, white and colored paper and similar items designated as recyclable by the Township, which are placed for disposal in a commingled manner.
MULTIFAMILY SERVICE
Shall mean any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see N.J.S.A. 13:1E-99.13a) and shall include hotels, motels, or other guest houses serving transient or seasonal guests, as those terms are defined under subsection (j) of section 3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (C.55:13A-1 et seq.)
NEWSPAPER
Shall mean paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matter of public interest.
NEWSPRINT
Shall mean paper products that include the type distributed either daily or weekly, including magazines.
NONCOLLECTIBLES
Shall mean items for which the Township does not accept the responsibility for collection or disposal, including without limitation the following:
a. 
Earth.
b. 
Stones, broken concrete, asphalt.
c. 
Tree stumps, trunks and uncut limbs.
d. 
Fixtures, as related to heating, plumbing, refrigeration, or other building material resulting from major alterations or renovations to buildings or properties by owners or contractors which will, in the opinion of the Township, cause an undue hardship on the contractor, his equipment, or his employees.
e. 
Hazardous refuse.
PLASTIC CONTAINERS
Shall mean only those containers, such as beverages containers and laundry product container, that have the Resin identification code 01 (PET) or 02 (HDEP).
PUBLIC SOURCE
Shall mean any location owned by either the Township of Belleville or by the Belleville Board of Education.
RECEPTACLES
Shall mean suitable containers made of metal or plastic, with a capacity of no more than 35 gallons, with handles, solidly constructed so as to prevent spillage or leakage of contents and weighing not more than 100 pounds when placed for collection; or, in the alternative, plastic bags that shall be securely closed; not more than 18 inches in diameter and 26 inches high, and not more than 35 gallons in capacity, and with sufficient strength to maintain physical integrity when listed. Paper bags and cardboard boxes are not suitable as receptacles.
RECYCLABLE MATERIAL
Shall mean those items which include, but are not limited to, newspaper, glass, metal and plastic containers, corrugated containers white goods, scrap metal, leaves and other material designated by the Township which are source separated from the waste stream and intended for reuse in the original or a changed form.
RECYCLABLE MATERIALS (GROUP 1)
Shall mean those items including newsprint, mixed paper, glass, metal and plastic containers and corrugated containers.
RECYCLABLE MATERIALS (GROUP 2)
Shall mean household appliances such as washers, dryers, refrigerators, air conditioners, stoves, hot water heaters, radiators, metal furniture, dishwashers, metal pipes, metal fencing, lawn care equipment and other similar large and small metal items placed for collection.
RECYCLABLE MATERIALS (GROUP 3)
Shall mean leaves and grass clippings incidental to the accumulation of leaves.
RECYCLABLE MATERIALS (GROUP 4)
Shall mean used motor oil and lead acid batteries (vehicle batteries)
REFRIGERANTS
Shall mean chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) commonly used as refrigerants in automobiles and home appliances, such as refrigerators, freezers, air conditioners and dehumidifiers.
REFUSE
Shall mean materials disposed of within the Township for which the Township accepts the responsibility for collection and disposal, including, without limitation, acceptable waste, garbage, ashes, rubbish, lawn and garden debris, litter, and dead animals.
RESIDENTIAL SOURCE
Shall mean homes, condominiums, townhouses and other dwelling units not defined as multi-family, commercial or institutional sources.
RUBBISH
Shall mean waste paper, cans, bottles, crockery, glass, glassware, rags, cartons, boxes, crates, and any other nonputrescible waste that attends the normal operation of a household, and that is not suitable for recycling.
SOLID WASTE
Shall mean NJDEP waste types 10 and 13, but including recyclable materials, hazardous waste, or solid animal and vegetable wastes collected by swine producers.
STREETS
Shall mean all public highways, avenues, streets, lanes, boulevards and public places within the limits of the Township of Belleville.
USED MOTOR OIL
Shall mean any waste crank case oil from periodic maintenance of internal combustion engines.
WHITE GOODS
Shall mean appliances such as refrigerators, air conditioners, stoves, washers, dryers, steel or cast-iron plumbing fixtures, dishwashers and water heaters.
[Ord. No. 3458; Ord. No. 3469]
RESIDENTIAL:
COMMERCIAL:
INSTITUTIONAL:
Newspapers
Newspapers
Newspapers
Mixed paper (i.e., junk mail, office paper, all marketable grades)
Glass food and beverage containers
Glass food and beverage containers
Old corrugated containers
Aluminum beverage containers
Aluminum beverage containers
Glass food and - beverage containers
Leaves
Leaves
Aluminum beverage containers
Old corrugated containers
Old corrugated containers
Office paper (all marketable grades)
Office paper (all marketable grades)
Leaves
Used motor oil
Used motor oil
Used motor oil
White goods
White goods
White goods
Lead acid batteries (vehicle batteries)
Lead acid batteries (vehicle batteries)
Lead acid batteries (vehicle batteries)
Plastics (#1 and #2)
Plastics (#1 and #2)
Plastics (#1 and #2)
Steel/Tin Containers
Steel/Tin Containers
Steel/Tin Containers
Ferrous Scrap
Ferrous Scrap
Ferrous Scrap
And such other recyclable materials to be added or deleted as designated recyclables by the County of Essex pursuant to a duly adopted amendment to the County Solid Waste Management Plan approved by the New Jersey Department of Environmental Protection.
[Ord. #2943 § 2]
The following actions shall be prohibited within the Township of Belleville:
a. 
Depositing Material in Streets. No person shall dump or deposit any earth, dirt, rock, refuse or any other matter or material upon street, unless duly authorized by it in writing by the Township Manager or the Superintendent of Public Works.
b. 
Littering in Streets Prohibited. No person shall throw, cast or lay, or direct anyone to throw any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles or litter of any kind whatsoever, in any street, either upon the roadway or sidewalk thereof, unless the same is contained in proper receptacles.
c. 
Dumping on Lands Prohibited. No person shall dump or otherwise discard or allow the accumulation of any matter commonly referred to as garbage, refuse, litter, junk or other discarded material including inoperable motor vehicles and other offensive matter, on any land, vacant or occupied, within the Town.
d. 
Sweeping Substances into Catch Basins Prohibited. No person shall sweep any substance from a sidewalk or other place into any catch basin within the Township.
e. 
Scattering or Spilling Loads in Streets Prohibited. No person, whether he is the owner, driver, operator or conductor of any wagon, truck or other vehicle, or of any receptacle, shall scatter, drop or spill, or permit same, of any dirt, sand, gravel, clay, loam, stone or building rubbish, sawdust, shavings or other light materials of any sort, manufacturing, trade or household waste, refuse, rubbish, of any sort, or ashes, garbage or other organic refuse or other offensive matter therefrom or permit the same to be blown off therefrom by the wind, in or upon any street.
f. 
Distribution of Handbills, Circulars, Etc. No person shall throw, cast or distribute, or cause same of handbills, circulars, etc., in or upon any street, or in a front yard or in any vehicle or in the vestibule or hall of any building or in any place from which such matter will be blown by the wind onto a street.
g. 
Unauthorized Collection of Recyclable Materials. No person, other than those authorized by the Township, shall collect any recyclable material that has been placed for collection by the Township.
[Ord. #2943 § 2]
The following actions shall be required of all persons within the Township:
a. 
Disposal of Refuse. All persons shall be required to dispose of refuse at the times and in the manner set forth in this section 3-3.
b. 
Mandatory Recycling. All residential sources, commercial sources, industrial sources and public sources within the Township shall be required to source separate and place for collection all recyclable materials that are generated from such source in the manner and at the times set forth in this section 3-3.
c. 
Removal of Grass, Weeds on Sidewalks. The owner or tenant of lands abutting or bordering upon the sidewalks and gutters of any street shall be required to remove all grass, weeds and other impediments therefrom within three days after notice from the Township.
d. 
Disposal of Peddler's Waste. Every person distributing or offering for sale in any street any fruit, fruit drink, vegetable, water ice, ice cream, candy or other confection, or other foodstuffs, in individual wrappers or containers for immediate consumption, shall provide in a nearby conspicuous place a receptacle for all used containers, papers and other waste material. It shall be the responsibility of such person to remove the receptacle upon the completion of sales and to dispose of the materials contained therein in a manner consistent with this Section 3-3.
e. 
Removal of Debris Caused by Cave-In. In all cases where the sidewalk or roadway of any street in the Town shall be encumbered or obstructed by the caving in or falling off of any earth, rocks, rubbish, or anything whatever, from any lot adjoining such sidewalk or roadway, the owner or tenant of such lot shall cause such earth, rocks, rubbish or other things to be removed and cleaned from such sidewalk or roadway within three days after a written notice is served on such owner or occupant by the Township.
[Ord. #2943 § 2]
a. 
General. The Township shall be responsible to provide for the collection and disposal of all refuse, bulky trash and litter that is generated by all residential sources and public sources located within the Township. Services provided pursuant to this section shall not include the responsibility for collection of recyclable materials or for collection of noncollectibles.
The Township shall not be responsible for collection or disposal of refuse, bulky waste or litter from any commercial source or industrial source within the Township. Such sources shall be responsible to arrange for such services from private carters at their sole cost and expense.
b. 
Collection Schedules. The Township shall collect refuse twice each week, from each of three zones established by the Township. The boundaries of the zones and the days designated for collection from each zone shall be set forth in regulations to be determined from time to time by the Township Manager and published in a legal newspaper of the Township. The Township shall collect bulky trash once each week, on the first day scheduled for refuse collection in each zone.
c. 
Method of Collection. Collection shall take place by the removal of refuse, bulky trash and litter from the curb in front of approved locations, from receptacles or in the form of bundles meeting the requirements of this Section 3-3, except as otherwise provided in this section.
The sole exception to the method of collection shall be the alternative use of collection from mechanical refuse containers at such locations as may be approved in writing by the Township. For any location to be designated for use of MRC's, it must have a paved area in which the MRC can be located that permits safe access by the Township's vehicles for placement of the MRC and collection from the MRC.
Residential sources which wish to utilize MRC's shall make written application to the Township Manager in such manner as determined by the Township Manager. The cost of the use of such MRC's shall be borne by the residential source, with billing to be done at such intervals and in such manner as determined by the Township Manager.
d. 
Placing of Refuse for Collection. No residential source or public source shall place or cause to be placed any receptacle or bundle of refuse material or garbage on any portion of the sidewalk sooner than 5:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any residential source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
No commercial or industrial source shall place or cause to be placed any receptacle or bundle of refuse material or garbage on any portion of the sidewalk sooner than 10:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any commercial or industrial source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
All refuse collection from commercial or industrial sources shall be completed between 5:00 a.m. and 7:30 a.m. of each day. No collection will be permitted at any other time, nor will receptacles or bundles be permitted to be placed at the curb between the hours of 7:30 a.m. and 10:00 p.m.
e. 
Refusal of Collection by Township. The Township shall have the right to refuse to collect refuse if such refuse contains any recyclable materials or noncollectibles or if it is not set out in an approved receptacle or bundle. Upon such refusal, it shall be the responsibility of the residential source to remove the refuse from the collection site and to cause the refuse to be separated from the other materials and to be replaced for collection on the next regular collection day.
The Township may, at its option, impose a fine of not less than $100 for each occurrence of refusal to collect pursuant to this section. In addition, the Township may, at its option, require refuse for which collection has been refused pursuant to this section to be disposed of by the residential source at the sole expense of the residential source.
[Ord. #2943 § 2]
a. 
General. The Township shall be responsible to provide for collection of all recyclable materials (Group 1) that are generated by all residential sources, commercial sources, industrial sources and public sources located within the Township.
b. 
Collection Schedules. The Township shall collect recyclable materials (Group 1) once each week, from each of five zones established by the Township. Collection shall alternate each week, with the first collection designated for commingled recyclable materials and the next for newsprint, mixed paper and corrugated containers. The boundaries of the zones and the days designated for collection from each zone shall be set forth in regulations to be determined from time to time by the Township Manager and published in a legal newspaper of the Township.
c. 
Method of Collection. Collection shall take place by the removal of recyclable materials (Group 1) from the curb, from receptacles, excluding the use of plastic bags, or in the form of bundles meeting the requirements of these specifications, except as otherwise provided in this section.
The sole exception to the method of collection shall be the alternative use of collection from mechanical refuse containers (MRC) at such locations as may be approved in writing by the Township. For any location to be designated for use of MRC's, it must have a paved area in which the MRC can be located that permits safe access by the contractor's vehicles for placement of the MRC and collection from the MRC.
Any source which wishes to utilize MRC's shall make written application to the Township Manager in such manner as determined by the Township Manager. The cost of the use of such MRC's shall be borne by the source, with billing to be done at such intervals and in such manner as determined by the Township Manager.
d. 
Placing of Recyclable Materials for Collection. No residential source shall place or cause to be placed any receptacle or bundle of recyclable material on any portion of the sidewalk sooner than 5:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any residential source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
No commercial or industrial source shall place or cause to be placed any receptacle or bundle of recyclable material on any portion of the sidewalk sooner than 10:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any commercial source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
e. 
Refusal of Collection by Township. The Township shall have the right to refuse to collect recyclable materials (Group 1) if such recyclable materials (Group 1) contains any other material or if it is not set out in an approved receptacle or bundle. Upon such refusal, it shall be the responsibility of the source to remove the recyclable materials (Group 1) from the collection site and to cause the recyclable materials (Group 1) to be separated from the other materials and to be replaced for collection on the next regular collection day.
The Township may, at its option, impose a fine of not less than $100 for each occurrence of refusal to collect pursuant to this section. In addition, the Township may, at its option, require recyclable materials (Group 1) for which collection has been refused pursuant to this section to be disposed of by the source at the sole expense of the source.
[Ord. #2943 § 2]
a. 
General. The Township shall be responsible to provide for collection of all recyclable materials (Group 2) that are generated by all residential sources, commercial sources, industrial sources and public sources located within the Township.
b. 
Collection Schedules. The contractor shall collect recyclable materials (Group 2) on Monday of each week from all eligible locations within the Township.
c. 
Method of Collection. Collection shall take place by the removal of recyclable materials (Group 2) from the curb in front of approved locations, from receptacles or, in the case of large appliances, without any container, except as otherwise provided in this section.
The sole exception to the method of collection shall be the collection from such alternative area on the property as may be designated in writing by the Township. For any alternative area to be designated, it must have a paved area in which the recyclable material can be located that permits safe access by the Township's vehicles for collection.
Any source which wishes to utilize an alternative collection site shall make written application to the Township Manager in such manner as determined by the Township Manager.
d. 
Placing of Recyclable Materials for Collection. No residential source shall place or cause to be placed any recyclable material (Group 2) on any portion of the sidewalk sooner than 5:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any residential source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
No commercial or industrial source shall place or cause to be placed any recyclable material (Group 2) on any portion of the sidewalk sooner than 10:00 p.m. on the day prior to the day scheduled for the collection of same; nor shall any commercial source allow or permit any empty receptacle to remain upon such sidewalk more than one hour after the contents have been collected.
e. 
Refusal of Collection By Township. The Township shall have the right to refuse to collect recyclable materials (Group 2) if such recyclable materials (Group 2) is commingled with any other material. Upon such refusal, it shall be the responsibility of the source to remove the recyclable materials (Group 2) from the collection site and to cause the recyclable materials (Group 2) to be separated from the other materials and to be replaced for collection on the next regular collection day.
The Township may, at its option, impose a fine of not less than $100 for each occurrence of refusal to collect pursuant to this section. In addition, the Township may, at its option, require recyclable materials (Group 2) for which collection has been refused pursuant to this section to be disposed of by the source at the sole expense of the source.
[Ord. #2943 § 2]
a. 
General. The Township shall be responsible to provide for collection of all recyclable materials (Group 3) that are generated by all residential sources, commercial sources, industrial sources and public sources located within the Township.
b. 
Collection Schedules. The Township shall collect recyclable materials (Group 3) once each week, from each of five zones established by the Township. The boundaries of the zones and the days designated for collection from each zone shall be set forth in regulations to be determined from time to time by the Township Manager and published in a legal newspaper of the Township.
c. 
Method of Collection. Collection shall take place by the removal of recyclable materials (Group 3) from the curb, from biodegradable paper bags, of maximum weight of 50 pounds, except as otherwise provided in this section.
The sole exception to the method of collection shall be the alternative use of collection from mechanical refuse containers (MRC) at such locations as may be approved in writing by the Township. For any location to be designated for use of MRC's, it must have a paved area in which the MRC can be located that permits safe access by the contractor's vehicles for placement of the MRC and collection from the MRC.
Any source which wishes to utilize MRC's shall make written application to the Township Manager in such manner as determined by the Township Manager. The cost of the use of such MRC's shall be borne by the source, with billing to be done at such intervals and in such manner as determined by the Township Manager.
d. 
Placing of Recyclable Materials for Collection. No residential source shall place or cause to be placed any bags of recyclable material on any portion of the sidewalk sooner than 5:00 p.m. on the day prior to the day scheduled for the collection of same.
No commercial or industrial source shall place or cause to be placed any bags of recyclable material on any portion of the sidewalk sooner than 10:00 p.m. on the day prior to the day scheduled for the collection of same.
e. 
Refusal of Collection By Township. The Township shall have the right to refuse to collect recyclable materials (Group 3) if such recyclable materials (Group 3) contains any other material or is not set out in an approved bag. Upon such refusal, it shall be the responsibility of the source to remove the recyclable materials (Group 3) from the collection site and to cause the recyclable materials (Group 3) to be separated from the other materials and to be replaced for collection on the next regular collection day.
The Township may, at its option, impose a fine of not less than $100 for each occurrence of refusal to collect pursuant to this section. In addition, the Township may, at its option, require recyclable materials (Group 3) for which collection has been refused pursuant to this section to be disposed of by the source at the sole expense of the source.
[Ord. #2943 § 2]
The following legal holidays are exempted from the collection schedule:
New Years Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Refuse or recyclable material collection shall resume on the next scheduled collection day.
[Ord. #2943 § 2]
Recyclable material as defined herein shall be the property of the Township once placed at the designated collection site.
[Ord. #2943 § 2]
a. 
Any person within the Township shall have the right to retain ownership of recyclable materials generated from any source and may donate or sell such recyclable materials to any person, partnership or corporation, whether or not operating for profit. In such a case however, the source shall not be permitted to place any such recyclable material at the curb for purposes of collection by any party other than the Township.
b. 
Any person that chooses to dispose of recyclable material through any method other than collection by the Township shall submit monthly reports to the Township specifying the tonnage of recyclable materials disposed of through such other method.
Each monthly report shall be submitted to the Township Manager not later than 20 days following the end of each month. Failure to submit reports in a timely manner shall be grounds for the Township to revoke the right of that source to directly dispose of recyclable material.
[Ord. #2943 § 2]
Sworn police officers, sanitary inspectors, construction code and subcode officials, property maintenance inspectors, the Township Manager and such other Township employees as may be designated by resolution of the Mayor and Council, shall be authorized to enforce the provisions of this Section 3-3.
[Ord. #2943 § 2; Ord. No. 3469]
Any person, firm or organization found guilty of violating a provision of this Chapter shall, upon conviction, forfeit and pay a fine of $75 for the first offense, $150 for the second offense and for the third offense and any subsequent offenses, shall be subject to one or more of the following: a minimum fine of $250 but not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.
In addition to the foregoing penalties, where a container includes designated recycling material mixed with solid waste, the container will not be collected.
Fines levied and collected pursuant to the provisions of this Chapter shall be immediately deposited into the Municipal Recycling Trust Fund (or equivalent.)
[Ord. No. 3202]
a. 
Any application to the Planning Board of the Township of Belleville, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
1. 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development.
2. 
Locations documented on the application's site plan for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
b. 
Prior to the issuance of a Certificate of Occupancy by the Township of Belleville, the owner of any new multi-family housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purpose of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
c. 
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.
[Ord. #1696]
[Ord. #1696 § 1]
No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent which has the property of releasing toxic vapors or fumes: Nothing herein shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
[Ord. #1696 § 2]
GLUE CONTAINING A SOLVENT HAVING THE PROPERTY OF RELEASING TOXIC VAPORS OR FUMES
Shall include any glue, cement or other adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, diethyl ether, toluene.
[Ord. ##1696 § 3]
No individual shall, for the purpose of violating subsection 3-4.1 use or possess for the purpose of so using, any glue containing a solvent the property of releasing toxic vapors or fumes.
[Ord. #1696 § 4]
No person, except a person who is, at the time of such sale, actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, and all sales of such glue not made in or from such an establishment, are hereby prohibited.
[Ord. #1696 § 5]
No person shall sell, give, or otherwise transfer to any other person under the age of 18 years, except with the written consent of the parent or guardian of such other person, any glue containing a solvent having the property of releasing toxic vapors or fumes: Provided, nothing contained herein shall be considered applicable to the sale of a model kit containing as a part thereof a tube or other container of any such glue, nor shall this section be considered applicable to the sale of a tube or other container of any such glue immediately in conjunction with the sale of a model kit requiring the use of approximately such quantity of glue for the assembly of a model. Nothing herein shall be applicable to the transfer of a tube or other container of such glue from a parent to his child or from a guardian to his ward.
[Ord. #1696 § 6]
Each person who, in one transaction, or in two or more transactions closely connected in time, sells to any other person, two or more containers of glue containing a solvent having the property of releasing toxic vapors or fumes, shall upon the occurrence of the second or subsequent transaction, require such person to exhibit means of identification of himself, and shall record in a register conforming with requirements established by the Police Chief the name, address and description of such other person. Such record shall be kept for a period of not less than six months, and shall be available for inspection during normal business hours by officers and members of the police division, department of public safety.
[Ord. #2241]
[Ord. #2241 § I]
This section may be cited as the "Noise Ordinance of the Township of Belleville."
[Ord. #2241 § II]
As used in this section, the following terms shall have the meanings indicated:
DECIBEL (DB)
Shall mean a unit of sound pressure measurement as defined by the American National Standards Institute Bulletin S 1.41971. One "decibel" or a "db" refers to a sound pressure of two ten-thousandths microbar.
NOISE CONTROL OFFICER
Shall mean the Township of Belleville Zoning Officer and any officially designated member or members of the Belleville Police Department trained in the measurement of sound and empowered to issue summons for violation of this section.
SOUND LEVEL METER
Shall mean an instrument standardized by the American Standard Association and used for measurement of the intensity of sound and calibrated in decibels. Readings shall be made on a db(A) scale.
SOUND PRESSURE
Shall mean the average rate at which sound energy is transmitted through a unit area, perpendicular to a point in a specified direction.
VEHICULAR
Shall mean pertaining to motor vehicles required to be registered by the New Jersey Motor Vehicle Commission.
[1]
Editor's Note: Previous noise control ordinances contained herein include Ordinance Nos. 705, 761, 1015 and 1609.
[Ord. #2241 § III]
a. 
The making, creating or permitting of any unreasonably loud, disturbing or unnecessary noise in the Township is hereby prohibited.
b. 
The making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
c. 
The Department of Environmental Protection of the State of New Jersey has promulgated noise standards. These standards declare what is considered to be appropriate noise levels for the noise sources located in various places within the State. The Township of Belleville does hereby adopt the standards promulgated as of December 14, 1981, and as amended from time to time, by said Department of Environmental Protection as its standards and does declare that any violation of said standards shall be a violation of this chapter and shall subject the violator to punishment as set forth herein. These standards shall be referred to hereafter as the standard noise levels for the Township.
d. 
Where the Department of Environmental Protection of the State of New Jersey has not promulgated standards, the following shall apply and be considered as the standard noise levels for the Township.
1. 
Residential Zones. No person shall cause, suffer, allow or permit sound from any source which, when measured at the point of annoyance, is in excess of:
(a) 
From 7:00 a.m. to 10:00 p.m.:
(1) 
Continuous airborne sound which has a sound level of 65 dbA's.
(2) 
Impulsive sound in air with an impulsive sound level of 80 dbA's.
(b) 
From 10:00 p.m. to 7:00 a.m.:
(1) 
Continuous airborne sound which has a sound level of 50 dbA's.
(2) 
Impulsive sound in air which has an impulsive sound level of 80 dbA's.
2. 
Industrial and Commercial Zones. No person shall cause, suffer, allow or permit sound from any source which, when measured at the point of annoyance, is in excess of:
(a) 
From 7:00 a.m. to 10:00 p.m.:
(1) 
Continuous airborne sound of 65 decibels.
(2) 
Impulsive sound in air with an impulsive sound level of 80 decibels.
(b) 
From 10:00 p.m. to 7:00 a.m.:
(1) 
Continuous airborne sound which has a level of 60 decibels.
(2) 
Impulsive sound in air which has an impulsive sound level of 80 decibels.
[Ord. #2241 § IV; Ord. No. 3252]
The following acts, among others, are declared to be loud, disturbing and unnecessary noise in violation of this section:
a. 
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.
b. 
Radios, Televisions, Phonographs. The using, operation or permitting to be played, used or operated of any radios-receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or device is operated, and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly audible at a distance of 100 feet or more from the building structure or vehicle in which it is located, shall be prima facie evidence of a violation of this article.
c. 
Animals and Birds. The keeping of animals, fowl, or birds, which by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.
d. 
Defect in Vehicle or Noisy Load. The use of any automobile, motorcycle or other vehicle so out of repair or loaded in such manner as to create loud or unnecessary grating, grinding, rattling or noise.
e. 
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or motorcycle engine except through a muffler or other device which meets the standard established for such devices by the New Jersey Department of Environmental Protection.
f. 
Mechanical devices operated by compressed air unless the noise created thereby is effectively muffled and reduced.
g. 
School, Courts, Churches and Hospitals. The creation of any loud or excessive noise on any street adjacent to any school or institution of learning or judicial court while the same are in session or on any street adjacent to any hospital, which noise unreasonably interferes with the workings of such institution; provided, however, the conspicuous signs or displayed in such streets indicating that the same is a school, hospital or court street or quiet zone.
h. 
Loading or Unloading of Vehicles; Opening or Destruction of Boxes. The creation of a loud or excessive noise in connection with loading or unloading any vehicle or the opening or destruction of boxes, crates and containers.
i. 
Devices Attached to Buildings. The sounding of any bell, gong or device attached to any building or premises, particularly during the hours between 11:00 p.m. and 7:00 a.m. which disturbs the quiet or repose of any persons in the vicinity thereof. This rule shall not apply in the bell, gong, or device is sounded as a warning of danger.
j. 
Trains, Vehicles and Buses. The unnecessary or prolonged blowing or sounding of any horn, whistle, bell, or other device attached to any train, locomotive, motor vehicle, bus or truck while passing through the Township or while loading passengers or freight within the Township.
k. 
Loudspeakers and Loud Amplifiers. The playing using or permitting the playing, using or operating of any radio-receiving set, musical instrument, phonograph, loudspeakers, sound amplifier or other medium or device for producing or reproducing of sound or loud noise on the streets or in public places, or which is so placed and operated that the sound there from can be heard to the annoyance or inconvenience of any person in such public place, street or on neighboring premises, provided, however, that a sound truck may be operated under regulation of and pursuant to permission for temporary use upon application to and approval by the Mayor and Municipal Council or officer to whom such duty is delegated.
l. 
Construction or Repair of Buildings. Construction demolition, repair, paying or alteration of buildings or streets or excavation when conducted between the hours of 7:00 p.m. and 8:00 a.m. (9:00 a.m. on Sundays), unless with the expresses approval of the Fire Chief, Building Inspector, Plumbing Inspector or Health Officer.
m. 
Yelling and Shouting. Yelling, shooting, hooting whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other type of residence or of any persons in the vicinity.
[Ord. #2241 § V]
a. 
No person shall use or operate any facility, machine or instrument or produce or cause to be produced any sound in the Township of Belleville when the same shall produce noise, the sound pressure level of which measured at the point of annoyance complained of shall exceed the standard noise level of the Township established for that location for that time of day. In measuring noises to determine if the standard noise level of the Township has been exceeded, the measurement shall be measured on the A-weighting of a sound level meter which conforms to the specifications of the United States of America Standards Institute. The background sound level is defined as the sound level present when the offending noise source is silenced. This subsection is applicable when and where the character and nature of any sound or noise lends itself to measurement, but nothing in this subsection shall be construed in any way to limit any other portion or part of this chapter.
[Ord. #2241 § VI]
a. 
No person shall operate, within the limits of the Township of Belleville, any vehicle which will emit noise which will exceed the standard noise level of the Township established for the size vehicle when used under ordinary circumstances. For noncommercial vehicles, the standard noise level of the Township is hereby extended as follows:
Type of Vehicle
Maximum Noise Level (dbA's)
Vehicles other than motorcycles
76
Motorcycles
82
b. 
Measurements shall be taken 50 feet from the source.
[Ord. #2241 § VII]
Exemptions from noise level limits shall be as follows:
a. 
Construction, repair, excavation, paving, demolition or alteration of a street or building or premises during the hours of 8:00 a.m. (9:00 a.m. on Sundays) to 9:00 p.m., when permission to do such work has been given by the Township.
b. 
Emergency activities of municipal, County, State or Federal government agencies and emergency activities of public utilities when they are seeking to provide electricity, water or other public utility services and the public health, safety or welfare is involved.
c. 
Warning devices on authorized emergency vehicles and on vehicles used for traffic safety purposes.
d. 
Attendant on-site noise properly concomitant with the actual performance of sporting events.
e. 
Power lawn mowers, when operated with a functioning muffler, between the hours of 8:00 a.m. (9:00 on Sundays) and 10:00 p.m.
f. 
Snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal.
g. 
Air conditioners that increase the background (ambient) noise level by no more than five dbA's.
h. 
Noise from celebrations or events sponsored or approved by the Township of Belleville, public or parochial schools or houses of worship within the Township of Belleville.
[Ord. #2241 § VIII]
Sound measurements shall be made with a sound level meter.
[Ord. #2241 § IX]
Whenever any provision of this section conflicts with any other applicable municipal, County, State or Federal ordinance, or statute, the higher standard shall prevail.
[Ord. #2241 § X]
a. 
Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the noise control officer, or a member of the Belleville Police Department, or in the case of prohibited acts specified in subsection 3-5.7 by any member of the Belleville Police Department.
b. 
Abatement Orders.
1. 
Except as provided in paragraph b.2, in lieu of issuing a summons, the noise control officer, or police officer, may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a twenty-four-hour period and according to guidelines which the noise control officer, or police officer, may prescribe.
2. 
An abatement order shall not be issued for any violation covered by paragraph c.2 or when the noise control officer, or police officer, has reason to believe that there will not be compliance with the abatement order.
c. 
Penalties.
1. 
Any person who violates any provision of this section shall be subject to a penalty for each offense of not more than $500 or be imprisoned for a term not exceeding 90 days, or both, for each offense, except as provided in paragraph c.2.
2. 
If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.
d. 
Other Remedies. No provision of this section shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this section or from other law.
[Ord. #1636 § 1]
It is unlawful within the Township for any person, not directly involved in a labor strike or lock-out, to recruit any person or to secure or offer to secure for any person any employment, when the purpose of same is to have such persons take the place of employees in an industry where a labor strike or lock-out exists.
[Ord. #1652 § 1]
It is unlawful for any person other than a duly authorized Township employee to open any fire hydrant in the Township.
[Ord. #1660 § 1]
It is unlawful for any person to resist, in any manner, interfere with, or, to incite any other person to resist or in any manner interfere with the Police Chief, any member of the police force or other Township officer in the discharge of his duties as such.
[Ord. #1001 ; Ord. #1684; Ord. #2157]
[Ord. #1684 § 1; Ord. #2157 § I]
The owner of lands abutting or bordering upon sidewalks, public streets or public places in the Township are hereby required to remove all snow and ice from the traveled portion of the sidewalks within 24 hours after the snow ceases.
a. 
Removal of Frozen Ice. In the case of ice, which may be so frozen as to make removal impractical, the owner of lands abutting or bordering upon sidewalks, public streets or public places in the Township are hereby required to thoroughly cover with sand, salt, or cinders on said ice 24 hours after the same shall fall or be formed thereon.
b. 
Casting of Snow or Ice. No person shall throw, place or deposit any snow or ice into or upon any street in said Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulated within the private property belonging to said person or occupied by said person, upon the sidewalks or streets of the Township of Belleville.
c. 
Enforcement. In case such snow or ice shall not be removed from such sidewalks or streets or shall be cast, deposited thereon or placed upon said sidewalks or said streets by the owner or other persons, as provided herein, the same shall be removed forthwith under the direction of the appropriate official of the department of public works, and the cost of such removal as nearly as can be ascertained shall be certified by said official to the Governing Body. The Governing Body shall examine such certification and if it is found to be correct shall cause such amount to be charged against the real estate so abutting or bordering upon such sidewalks and streets and the amount so charged shall forthwith become a lien and a tax upon such 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 such 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 imposed by the provision of this subsection shall not constitute any bar to bar to the right of the Township to collect the cost as certified for the removal of said snow or ice in the manner herein authorized.
d. 
Violation and Penalties. Any person, firm or corporation violating any of the provisions of this subsection shall, upon conviction thereof, be fined not exceeding $500, or imprisoned not exceeding 90 days, or both, and each and every day in which said violation exists shall constitute a separate violation.
e. 
Legislative Authority. This subsection is adopted pursuant to the authority conferred by the New Jersey Revised Statutes 40:65-12.
f. 
Inconsistent Ordinances Repealed. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. This ordinance shall take effect immediately upon publication and final passage.
[Ord. #1001 §§ 1, 5]
The owner or tenant of each lot, piece or parcel of land abutting or bordering upon the sidewalks and gutters of the public streets, avenues or highways, shall remove all grass, weeds and other impediments therefrom within three days after notice to remove the same. If the grass and weeds have not been removed within 10 days the superintendent of streets and highways shall remove same and any costs incurred shall become part of the taxes to be assessed.
[Ord. No. 1966; Repealed by Ord. No. 3234]
[Ord. #780]
[Ord. #780 § 1]
It is unlawful to permit the emission of dense smoke from any smoke stack or chimney connected with any stationary engine, steam boiler, locomotive, steam roller, steam derrick, or other similar machine, or from any smoke stack or chimney or any apartment house, office building, institution, establishment, place, premises or any building used as a factory or for any purpose of trade, or other than a private residence or from any tar kettle, or other machine, furnace or contrivance within the Town, which smoke contains soot or other substance in sufficient quantities to permit the deposit of such soot or other substance on any surface within the Town.
[Ord. #780 § 2]
Any owner, agent, manager, lessee or occupant of any building in the Town, to which is attached any chimney or smoke-stack connected with any stationary engine, or steam boiler, or of any apartment house, office building, institution, establishment, place, premises, or building used as a factory, or for any purpose of trade, or other than a private residence, in the Town, and any owner or manager of any locomotive engine, steam boiler, steam derrick or tar kettle, or other machine, furnace or contrivance in the Town, who permits or allows to be emitted from same dense smoke which contains soot or other substance in sufficient quantity to permit the deposit of such substance on any surface in the Town, shall upon receipt of a notice in writing duly served upon him, by the director of public safety or his duly authorized agent, without delay, file a plan or statement of proposed alterations to abate such nuisance, and shall with 30 days after the receipt of such notice, cause such nuisance to cease, and upon failure so to do, upon conviction thereof, shall be liable to the penalty clause in section 3-24 of this chapter.
[Ord. #780 § 3]
The director of public safety or his duly authorized agent shall have the authority to inspect: chimneys, smokestacks and other appliances for the escape of smoke and he shall have authority in the performance of the inspection to enter any steam boiler, furnace or engine room of any building not occupied exclusively as a private residence; and any person hindering or obstructing him in the performance of such duties shall be liable to the penalty clause in section 3-24 of this chapter.
[Ord. #780 § 4]
If the emission of dense smoke containing soot or other substance, is due to the construction of the furnace, size or height of stack, connections or other engineering details relating to boiler or furnace construction or connections, or the emission of such dense smoke may be prevented by the use of some proper device, and the owner, lessee or manager thereof, shall apply to the director of public safety for time to make alterations or changes or a statement or plan of such device, the director of public safety, if he approves such plan or device, shall stamp them approved and shall give 30 days time after his approval to make such alterations or changes or to install such device. If at the expiration of 30 days, such alterations or changes are not completed or such device not fully installed, the director of public safety, if satisfied that the owner, lessee or manager are acting in good faith, and are unable to complete such alterations or changes or fully install such alterations, changes or installation, not to exceed in all four months from the first approval of the plans or device, and during such time such owner, lessee or manager shall not be held liable for a violation of this section. The approval of any such proposed alterations or changes or device, shall not relieve such owner, lessee or manager from liability for violation of subsections 3-11.1 and 3-11.2, if such alterations, changes or device when completed or installed fail to prevent the emissions of smoke of the kind prohibited by the section.
[Ord. #1017; Ord. #3108]
[Ord. #1017 § 1; Ord. #3108; Ord. No. 3148; Ord. No. 3372]
In the case where the Township Manager, or the Township Manager's designee, Construction Code Official/Zoning Official, or the Health Department Head determines that it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to require the removal from any dwelling or lands within the Township brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, graffiti, garbage, trash and debris, the owner or tenant of such dwelling or lands, within five days after notice by the Township Manager or the Township Manager's designee, Construction Code Official/Zoning Official, or the Health Department Head to remove or destroy the same, shall remove from such lands all brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris thereon.
[Ord. #1017 § 2; Ord. #3108; Ord. No. 3148]
The above-mentioned notice shall be served by personal service upon or registered mail or certified mail directed to the last known address of such owner or tenant. The notice shall be given at the direction of the Manager's designee, Construction Code Official/Zoning Official, or the Health Department Head whenever it is deemed necessary and expedient for the preservation of the public health, safety, and general welfare or to eliminate a fire hazard.
[Ord. #1017 § 4; Ord. #3108; Ord. No. 3148]
In any case wherein the owner or tenant shall have refused or neglected to remove or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days, the Department of Public Works, at the direction of the Township Manager or the Manager's designee, Construction Code Official/Zoning Official, or the Health Department Head shall remove from such lands, the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, graffiti, garbage, trash, and debris that may be thereon. The Township Manager or the Manager's designee, Construction Code Official/Zoning Official, or the Health Department Head shall certify the cost of removal thereof to the Governing Body, which shall examine the certificate of 'Work Completed', and if found correct shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to assess and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #3108; Ord. No. 3148]
Notwithstanding the penalties set forth in section 1-5c., the penalties for violation of section 3-12.1 through 3-12.3 inclusive shall be a fine of at least $100, but not more than $1,000, or a period of community service not exceeding 90 days or imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners for a term not exceeding 90 days.
[Ord. #1088 § 1]
No person shall ride mounted or lead in any manner any saddle horse on premises in the Town described as a railroad right of way excepting at crossings which is the owner of the right of way, or any portion of any public highway of the Town which is located within 50 feet of a railroad right of way.
[Ord. #1255]
[Ord. #1255 § 1]
No person shall enter any building or any public or private lands and break, injure or deface such building or any part thereof or the fences, outhouses or other property belonging to or connected with such building or lands or disturb the exercises of any public school or molest or give annoyance to children attending such school or annoy any teachers therein.
[Ord. #1255 § 2]
No person shall willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare.
[Ord. #493 § 1]
No person shall in the Passaic River within the Town or into any of its tributaries thereof which empty into the Passaic River, place, discharge or permit same, any sewage or waste matter, article or substance, liquid or solid, of any kind, which creates odors or gases or fumes, due to the putrefaction of organic matter or the presence of chemicals or which discolors the waters of the river or its tributaries, or results in the presence of oil or grease on the surface of the waters of the river, or its tributaries, or which reduces the dissolved oxygen content thereof to such an extent as to interfere with major fish life in such waters, without the permission of the board.
[Ord. #633; Ord. #687; Ord. #1472; Ord. #1551]
[Ord. #633 § 1]
It is unlawful for the proprietor of any barber shop to keep open the shop for the purpose of conducting business of any nature whatsoever at any other time than between the hours of 8:00 a.m. to 7:00 p.m. weekdays with the exception of Saturdays and weekdays next preceding legal holidays. On Saturdays and weekdays next preceding legal holidays it shall be unlawful to keep open except between the hours of 8:00 a.m. to 9:00 p.m.
[Ord. #687 § 1; Ord. #1472 § 2; Ord. #1551]
It shall be unlawful for the proprietor to keep the shop open for the purpose of conducting business on Sundays and the following holidays: New Year's Day, Christmas Day, Thanksgiving Day, Labor Day, Memorial Day and the Fourth of July. It shall be unlawful for the proprietor of any barber shop to keep open the shop for the purpose of conducting business of any nature whatsoever on Wednesdays, except when a legal holiday falls within a work week, then the barber shops shall be open on Wednesday of the week upon which the legal holiday falls between the hours of 8:00 a.m. to 7:00 p.m. Eastern Standard Time or (Daylight Saving Time, when in effect).
[Ord. #634 §§ 1, 2]
It shall be unlawful for the proprietor of any shoe repair shop, to keep the shop open for the purpose of conducting business of any nature whatsoever at any other time than between the hours of 8:00 a.m. to 7:00 p.m. weekdays with the exception of Saturdays on which Saturdays it shall be unlawful to keep open except between the hours of 8:00 a.m. and 9:00 p.m. Shoe repair shops shall not be open on Sundays or legal holidays.
[Ord. #1003]
[Ord. #1003 § 1]
No person shall set up, keep or maintain, or permit to be set up, kept or maintained, in any house or premises occupied by any such person, any racing room, paraphernalia, faro table, faro bank, roulette or other device or game of chance, hazard or address for the purpose of gaming; and it shall be the duty of the members of the Police Department, and they are hereby authorized and empowered, to enter upon any premises where any instruments or devices employed in gaming shall be used contrary to this section, and except in the case of ball alleys, bowling alleys and billiard tables, to confiscate, carry away and destroy the same.
[Ord. #1003 § 2]
No person shall deal, play or engage in faro, roulette, or other device or game of chance, or buy or sell what is commonly known as a pool, or shall make or take what is commonly known as a book, upon the running, pacing or trotting of any horse, mare, gelding or other animal, or any game, racing or contest, or have in possession any ticket, slip or other writing or printing, or an interest of share, or showing or indicating any interest, share, bet or pledge, in any pool, lottery, racing contest or other game of chance, or shall keep or attend a place to which persons may resort for engaging in any such acts, or for betting upon the event of any horse race, or other race or contest, or for gambling in any form, and no person shall aid, abet, assist or participate in any such pool, lottery, race or other contest or game of chance. No person shall attend a place in which any such acts, namely, betting upon the event of any horse race, or other race, or contest, or gambling in any form, are taking place.
[Ord. #1597]
[Ord. #1597 § 1]
It shall be unlawful for the owner, operator or proprietor of any mercantile establishment, or any place of business of whatever kind, nature or description, whether it is at retail, wholesale or by auction, employing and using four or more persons in the operation of such business or establishment, to be open on Sunday for the purpose of conducting business, by selling, attempting to sell, or offering to sell, or to engage in the business of selling of any wares or merchandise on Sunday.
[Ord. #1597 § 2]
Nothing contained in subsection 3-20.1 shall be construed to prohibit the preparation and sale of drugs, meals, prepared food and nonalcoholic beverages on Sunday, nor to apply to sales of alcoholic beverages which are otherwise subject to regulation under Title 33 of the Revised Statutes.
[Ord. #102M § 1]
The distribution, depositing or leaving on the public streets, public places or on private property or in any private place in the Town, any medicine, medicinal preparations or preparation represented to cure ailments or diseases of the body or mind, or any samples thereof, or any advertisements or circulars relating thereto, is hereby prohibited; provided, this section shall not prohibit delivery of any such article by handing the same to any person above 12 years of age, willing to receive the same.
[Ord. #851]
[Ord. #851 § 1]
TRAILER OR CAMP CAR
Shall mean any vehicle intended for the use as a conveyance upon the public streets or highways and duly licensed as such; and shall include self-propelled and nonself-propelled vehicles so designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a temporary dwelling or sleeping place for a person and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by the trailer or camp car.
[Ord. #851 § 2]
It is unlawful for any person to park any trailer or camp car in the Town or on any premises within the Town except for the purpose of repair or storage. Any such trailer or camp car undergoing repairs or being stored shall be kept within a building and shall not during such period of repairs or storage be used by any person as a dwelling or sleeping place.
[Ord. #851 § 3]
All persons engaged in the business of selling trailers or camp cars as defined above, shall be excepted from this section when displaying the trailers or camp cars for rental or selling purposes. Any of the trailers or camp cars on display for rental or selling purposes shall not be used as a dwelling or sleeping place. Motor vehicles which are ordinarily used for passenger purposes but in which seats can be converted into beds or cots for sleeping purposes are exempt from this section.
[Ord. #658]
[Ord. #658]
The manufacture, storage or display for sale at retail or wholesale or the sale at retail or wholesale of fireworks and cartridges is hereby prohibited within the limits of Town.
[Ord. #658]
The firing, explosion or other use of fireworks is hereby prohibited within the limits of the Town.
[Ord. #658]
The storage or display for the sale at retail or wholesale, or the sale at retail or wholesale of cartridges whether loaded or blank, is prohibited within the limits of the Town of Belleville, in the County of Essex.
[Ord. #658]
The firing, explosion or other use of cartridges, whether loaded or blank, and whether fired, exploded or used in a pistol or other mechanical contrivance, or otherwise, is hereby prohibited within the limits of the Town.
[Ord. #658]
The use or explosion of fireworks, or so-called pyrotechnic displays in celebration of national holidays or like events when in charge or under the direction of experienced operators or exhibitors, and in distinct locations selected for the purpose, and approved by the Township Council may be permitted by resolution of the Council, but not otherwise.
[Ord. No. 3301]
For violation of the provisions of 3-22, the penalty upon conviction of the violation shall be for the first offense up to $1,000 and for each offense thereafter up to $2,000.
[Ord. #1912; Ord. #2053]
[Ord. #1912]
No person shall drink, imbibe or consume any alcoholic beverage upon any portion of lawn or other public grounds within the Town including, but not limited to, public places, playgrounds and municipal grounds surrounding municipal buildings, public or parochial schools and surrounding grounds.
[Ord. #1912]
No person shall be drunk or in a state of intoxication in or upon any street, playgrounds, surrounding municipal buildings, public or parochial schools and surrounding grounds or any other public place or thoroughfare within the Town.
[Ord. #1912]
At certain specific designated recreation areas, the director of parks and recreation may issue a special permit for the consumption of alcoholic beverages for the consumption at a picnic or other activity sponsored by a nonprofit corporation or organization.
[Ord. #2053 § 1]
No person shall have in his or her possession any alcoholic beverage upon any portion of any playground, park, public or parochial school and surrounding grounds within the Township.
[Ord. #1983]
[1]
Editor's Note: See also Local Supplemental Violations Bureau Schedule which may be found on file in the office of the court administrator.
[Ord. No. 1983]
For violation of any provision of this revision, or other ordinance of this Township, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding $1,250 for each and every offense; or imprisonment in the County jail for not more than 90 days; or to a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge. (N.J.S.A. 40:49-5)
[Ord. No. 1983]
Except as otherwise provided 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.
[Ord. No. 1983]
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case of violation.
[Ord. No. 1983]
The Council may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. #102L]
[Ord. #102L § 1]
No person shall place upon or attach to any tree, or upon, or to any telegraph, telephone or electric light pole upon any of the streets within the limits of the Township, any handbill, advertisement, or written or printed, or partly written or printed notice of any kind, except such notices as by law are required to be posted. (See License for Posting of Handbills, Section 4-10).
[Ord. #102L § 2]
No person shall scatter or throw upon any of the streets or other public places within the limits of the Township, any handbills, advertisements, circulars, or other printed or written matter, or fasten, by pasting or otherwise, any such advertisements, notices or circular to any of the sidewalks or bridges or fire hydrants in the Township.
[Ord. #102L § 3]
No person shall scatter, cast or throw into or upon any of the sidewalks, gutters, streets or public places of the Township, any paper, rags, straw, wood, bones, leaves, cut grass, glass, metal, loose stones, earthenware or rubbish or refuse of any kind.
[Ord. #2030; Ord. #2587; Ord. #2621; Ord. #2724; Ord. #2766; Ord. #2989; Ord. #3017; Ord. #3132; Ord. #3135]
[Ord. #2030 § 1; Ord. #2587 § II; Ord. #2621 § II; Ord. #2766 § II]
All publicly owned playgrounds and fields shall open at sunrise (unless otherwise posted) and shall close 1/2 hour after sunset throughout the entire year. No person shall be permitted upon the premises after closing hours, as set forth above, except with the specific permission of the department of recreation and cultural affairs. Any person who shall be found on said premises, except as permitted herein, shall be considered a trespasser and will be punished pursuant to the provisions of this section.
[Ord. #2030 § 2; Ord. #2587 § III; Ord. #2989]
Any person who shall trespass upon or occupy the premises stated above shall be subject to the penalties listed below.
a. 
Such person shall be subject to a fine of up to $100 for the first offense and up to $250 for any subsequent offense.
[Ord. #2621 § III; Ord. #2766 § III; repealed by Ord. #2989]
[Ord. #2621 § IV]
Rules of conduct at publicly owned playgrounds and fields are hereby adopted as promulgated by the recreation department and are available at the office of the director of the department of recreation and cultural affairs for inspection. Such rules of conduct are subject to change as authorized by the recreation department.
[Ord. #2724 § II]
No person shall cause, permit, or in any manner use barbecuing or fire upon publicly owned playgrounds, fields and parks except upon specific permission of the department of recreation and cultural affairs.
For purposes of this section, barbecues and fires are defined as any pits, containers, grills, or other devices, used with or without any combustibles, for lighting and maintaining a fire or open flame, which fire or open flame is used for heating, cooking or any other purpose.
[Ord. #2724 § III]
It shall be unlawful for any person to violate the provisions of subsection 3-26.5. Any person convicted of a violation of subsection 3-26.5 shall be subject to a fine of up to $1,000 for each offense.
[Ord. #3017]
The name of the playground located on 10-44 Riverdale Avenue in the Township of Belleville, County of Essex, State of New Jersey is hereby named "Township Clerk Mary Lou Hood Memorial Park." The appropriate maps of the Township of Belleville, shall be amended to reflect said change.
[Ord. #3132]
The name of the Belleville Recreation House located at 407 Joralemon Street in the Township of Belleville, County of Essex, State of New Jersey be and is hereby named "Robert Haug Memorial Recreation House."
The appropriate maps of the Township of Belleville, shall be amended to reflect said change.
[Ord. #3135]
The name of the Belleville Varsity Baseball Field located at 100 Passaic Avenue in the Township of Belleville, County of Essex, State of New Jersey be and is hereby named "George Zanfini Varsity Baseball Field."
The appropriate maps of the Township of Belleville, shall be amended to reflect said change.
[Ord. #2029]
[Ord. #2029 § 1]
No person shall advertise, display, sell or offer to sell any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1, et seq.
[Ord. #2029 § 2]
It shall constitute a common nuisance to maintain any building, conveyance or premises whatever which is resorted to by persons for the manufacture, distribution, dispensing, administration or use of any type of syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper, or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:31-1, et seq.
[Ord. #2008; Ord. #2526]
[Ord. #2008 § 1]
For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a. 
Cart shall mean a hand-drawn vehicle or wheeled container usually made of metal, such as is generally provided by merchants for the carting or carrying of merchandise to automobiles.
b. 
Street and sidewalk shall include any street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert or crosswalk and every class of road, square, place, municipal park, parking field or area, or other places used by the general public.
c. 
Brooks or drainage rights-of-way shall mean any brook or drainage right-of-way running through the Township across which the Township has an easement.
[Ord. #2008 § 2]
It shall be unlawful for any person or his agent or employee to leave or to cause or permit or allow to be left any cart, either owned by him or in his possession, custody or control, upon any street, sidewalk or in any brook or drainage right-of-way.
[Ord. #2008 § 3]
It shall be unlawful for any person to remove a cart as herein defined from the property of any food or commercial establishment.
[Ord. #2008 § 4]
At or before the close of business hours of any food establishments or commercial establishment providing carts for the use of its customers and patrons, the owner or operator of such food establishment or other commercial establishment shall either remove all carts from its parking yard or parking place and cause them to be removed to the interior of the commercial establishment or cause same to be placed in corrals provided by the owner for this purpose.
[Ord. #2008 § 5; Ord. #2526]
a. 
Impoundment. The Township shall remove or cause to be removed any cart found upon any street or sidewalk or in any brook or drainage right-of-way and shall take the same or cause the same to be taken to property or premises of the Township where the same shall be held until redeemed or sold, as provided in this section.
b. 
Notice of Impoundment to Owner when Known. Whenever the Township shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the Township and advising the amount necessary to redeem.
c. 
Redemption of Impounded Carts. Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of $25. In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem it unless proof establishing to the satisfaction of the Township such person's ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Township against any other person claiming to be entitled thereto.
d. 
Sale of Unredeemed Carts. Where any impounded cart remains in the custody of the Township for a period of 15 days after impoundment and with respect to which no person has presented to the Township proof establishing to its satisfaction such person's ownership or right to possession, the Township Clerk shall give public notice in the official newspaper of the Township advising that a specified time and place, not less than five days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. Such sale shall be conducted by the Township Clerk or by such person as may be designated.
e. 
Disposition of Unredeemed Carts Not Sold. In the event that any impounded cart shall remain unsold at public auction, the Township may reoffer such cart for sale at a subsequent public auction held pursuant to this section, or it may dismantle, destroy or otherwise sell or dispose of such cart. Any such sale or other disposition of such cart pursuant to this section shall be without liability on the part of the Township to the owner of such cart or other person lawfully entitled thereto or having interest therein.
f. 
Disposition of Moneys. Immediately after an impounded cart is redeemed or sold, the Township Clerk or a person designated by him, shall pay over to the Township Treasurer the proceeds from such redemption or sale and the Township Treasurer shall retain such proceeds and credit them to the general fund.
[Ord. #2008 § 6]
The fine upon the finding of guilt with respect to any of the above subsections shall be up to $50 for the first offense and up to $100 for each offense thereafter.
[Ord. #2007; Ord. #2764; Ord. #2865]
[Ord. #2007 § 1; Ord. #2865 § III]
Pursuant to the dictates of N.J.S.A. 52:32-1 et seq., two parking spaces for the physically handicapped drivers shall be provided in the municipal parking lot, 152 Washington Avenue, Belleville, New Jersey adjacent to the Town hall.
[Ord. #2007 § 2]
Said parking spaces shall be identified with a clear visible sign reading "Reserved for Handicapped Drivers."
[Ord. #2007 § 3]
Persons who exhibit a handicapped insignia on the official New Jersey license plate shall be recognized as handicapped drivers for the purpose of this section and shall be entitled to use that parking space subject, however, to the same fee requirements established for other drivers.
[Ord. #2007 § 4]
As parking spaces are reserved for handicapped drivers on private property this section shall permit the Belleville Police Department to ticket such vehicles as may be illegally or improperly parked in spaces reserved for handicapped drivers as defined herein. This authority shall be pursuant to the enforcement provisions established in N.J.S.A. 52:32-1.
[Ord. #2007 § 5; Ord. #2764]
Any person found guilty of violating the provisions of this section shall, upon conviction, be subject to a fine in accordance with the Local Supplemental Violations Bureau Schedule of Designated Offenses, or as otherwise determined by the Municipal Judge, not to exceed $250. A copy of said schedule is available in the office of the court administrator.
[Ord. #1679]
[Ord. #1679 § 1]
It shall be unlawful for any person to utter or expose to the view of another or to possess with intent to utter or expose to the view of another or to sell or to distribute, deposit, place, throw, scatter or cast any obscene or indecent book, pamphlet, picture, comic book, magazine, or other representation, however made.
[Ord. #1679 § 2]
It shall be unlawful for any person to advertise any obscene or indecent book, pamphlet, picture, comic book, magazine, or other representation, however made, in any manner, whether by recommending against its use or otherwise.
[Ord. #1679 § 3]
It shall be unlawful for any person to give any information how or where any obscene or indecent book, pamphlet, picture, comic book, magazine or other representation however made, may be had, seen, bought or sold.
[Ord. #1447; Ord. #2099; Ord. #2643; Ord. #2694; Ord. #2764; Ord. #3016]
[Ord. #2099 § 1; Ord. No. 3310]
The words "parking yards," "parking lots" and "parking facilities" shall mean and include any municipally owned or leased lands set aside for the parking of motor vehicles pursuant to this section.
[Ord. #2099 § 2; Ord. #2643; Ord. #2694; Ord. #3016 § I; Ord. No. 3310; Ord. No. 3429]
The following parcels as shown on the tax maps of the Township of Belleville are hereby established as parking lots:
Parking Area Number
Block
Lot
1.
74
1, 7, 9, 28
2.
74
29, 31
3.
74
1
4.
73
22, 23
5.
70
7, 8, 9, 10, 11
6.
120
24
7.
86
12
8.
1604
13
Parking Area Number
Description
1.
Metered and permit parking:
Northside of Public Safety Building; It is prohibited for Township employees to park in this lot, except for the 2 first parking spaces located at the northeast corner of the parking area. The first parking space is restricted to reserve parking for the Tax Assessor, and the second parking space shall be restricted to reserve parking for the Municipal Clerk
2.
Restricted municipal/police vehicle parking; directly behind the Public Safety Building; employees need official sticker insignia
3.
Restricted to reserve parking; northside of Belleville Avenue; parking for Police Chief; Deputy Police Chief; Council; etc.
4.
Restricted municipal parking for Township employees; lot located southside of Belleville Avenue; 4 parking spaces shall also be located on Belleville Avenue between the entrance and exit of the southside lot; employees need official sticker insignia
5.
Restricted municipal parking for Township employees; lot across railroad tracks on Belleville Avenue; employees need official sticker insignia
6.
Metered parking; westside of Washington Avenue commonly known as 131 Washington Avenue
7.
Restricted municipal/fire vehicle parking; the slanted parking spaces on the north and east side of the firehouse building; employees need official sticker insignia
8.
Parking restricted only for the use of Soho Sitting Park. There will be no parking from dusk to dawn everyday including holidays.
[Ord. #2099 § 3; Ord. #3016 § II]
a. 
Prohibited Parking. It shall be unlawful for any person to cause, allow or suffer any vehicle registered in his name, or occupied, or driven by him to be parked in any municipal parking yard, lot or facility which has been designated and reserved by the Mayor with or without meters, for the exclusive use of authorized Township personnel. All such areas shall be marked and posted as reserved parking areas by the Mayor, who shall issue, or cause to be issued by his designated agent, to authorized Township personnel, an official sticker insignia which shall be affixed to the left rear window of any motor vehicle authorized to park in said reserved areas. It shall be unlawful, and a violation of the provisions of this section, for any authorized use of designated municipal parking yards, lots or facilities.
Any parking area reserved under this section shall be so reserved only on weekdays from Monday to Friday for the hours of 8:00 a.m. to 4:00 p.m. At the times other than prohibited above, there shall be no penalties attached to parking in reserved areas.
Parking areas number 2 and 7 under this section shall be reserved 24 hours a day, including holidays.
b. 
Police Vehicles and Authorized Personnel. It shall be unlawful for any person to cause, allow or suffer any vehicle registered in his name, or occupied, or driven by him to be parked on the municipal parking yard immediately to the rear of the Township hall and on the southwesterly side of the Township Hall situated on Lot 1, of Block 73. Said areas shall be reserved for the parking of police vehicles and vehicles of Township personnel assigned or permitted to park in said areas.
[Ord. #2099 § 4]
Any space or area located in any of the municipal parking areas herein designated which shall not have been designated as reserved parking space or area may be designated for general public use and may be regulated by the installation of parking meters. This provision is subject to Ordinance No. 1983, Section 3-29 of General Ordinances of the Township of Belleville, adopted April 25, 1978.
[Ord. #2099 § 5]
Any metered parking space designated by the Mayor shall be governed and regulated by the provisions of Codified Ordinance 9-1 et seq. of the Revised General Ordinances of the Township of Belleville.
[Ord. #1447 § 3; Ord. #2764]
Any person found guilty of violating the provisions of this section shall, upon conviction, be subject to a fine in accordance with the Local Supplemental Violations Bureau Schedule of Designated Offenses, or as otherwise determined by the Municipal Judge, not to exceed $250. A copy of said schedule is available in the office of the court administrator.
[Ord. #1225; Ord. #2194; Ord. #2197; Ord. #2584; Ord. #2745]
[Ord. #1225 § 1]
No person shall, within the limits of the Township:
a. 
Enter any building or any public or private lands and break, injure or deface such building or any part thereof or the fences, outhouses or other property belonging to or connected with such building or lands or disturb the exercises of any public school or molest or give annoyance to children attending such school or annoy any teachers therein;
b. 
Willfully obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person or persons lawfully upon any public thoroughfare or in any public place or in any automobile, bus or other public or private conveyance lawfully upon any public thoroughfare;
c. 
Loiter in or upon any private property not his or her own, or not lawfully in his or her possession, and then and there to pry into the privacy or security of the persons then and there being in said home by peeping, or any other sly or furtive method of spying upon, or watching or keeping under observation the people occupying the home.
[Ord. #2194; Ord. #2584; Ord. #2745]
a. 
Purpose. The use of broad-tipped pens, paint, spray cans, pencils, pens, crayons, or other marking devices to write graffiti on the walls or other spaces of public or private buildings, vehicle areas, or facilities causes serious defacement of such buildings, vehicles, and areas, public and private, and contributes to the deterioration of property values. Such practices exhibit a contempt for the property rights of private citizens as well as government authority, and depreciate the quality of life in the community.
b. 
Definition. As used in this subsection, the following terms shall have the meaning indicated:
GRAFFITI
Shall mean and include any unsightly, offensive or defacing writings or other written or pictorial matter by any method or device and of any content which contributes to the defacement of real or personal property and which contributes to the ugliness and unsightliness of its object, space, area or community, and which is detrimental to the attractiveness, neatness and good order of the municipality.
c. 
Defacement of Property Prohibited.
1. 
The writing or placing of any written or pictorial graffiti, writings, pictures or other markings whatsoever by any defacing whatsoever, including but not limited to pens, spray cans, pencil, crayons, paint, chalk, or any other method or substance whatsoever, on any public or private property, or a mixture of both, without the express knowledge and consent of the owner, is prohibited.
2. 
Marking or defacing of any property, real, personal or mixed by an owner thereof in such a manner as to constitute graffiti is likewise prohibited.
d. 
Responsibility for Violations. In the enforcement of this subsection, all persons, directly or indirectly involved, shall be as equally responsible and guilty as the individual who actually defaces the object or area. Any individuals who encourage or participate in such activity as well as individuals who make available the tools, writing materials, ladders, lookouts material or assistance, or who knowingly supply funds to acquire materials for such purpose, including parents and friends, shall be equally guilty and liable for punishment under this subsection.
e. 
Penalty. Any person found guilty of violations of any section of this ordinance shall, upon conviction thereof, pay a fine not less than $100 nor more than $1,000 or be subject to imprisonment for not more than 90 days in the County jail or both in the discretion of the Municipal Court Judge. In addition, the Municipal Court Judge is urged to require appropriate corrective measures and restitution by imposing a period of community service not exceeding 90 days, including but not limited to requiring the offender to remove the graffiti under the supervision of such municipal employee or other person designated by the court.
Any person who is convicted of violating this ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon such a repeat offender shall not be less than $100 nor more than $1,000, but this fine shall be calculated separately and imposed in addition to the fine imposed for the violation of the ordinance. Any person convicted of a violation of this ordinance shall in the event of a default of the payment of any fine imposed therefor, be imprisoned in the County jail for a term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Any minor child under the age of 18 years shall be brought before the Superior Court, Chancery Division, Family Part, and subject to penalties provided by said Court.
f. 
Exceptions. This subsection shall not be construed to prohibit easily removable chalk markings on public sidewalks or streets in connection with traditional children's games or any lawful business or public purpose or activity.
g. 
A reward of $100 shall be paid to any person or persons providing information leading to the detection and apprehension of any person found guilty of violating any provision of subsection 3-32.2. The reward shall be payable after conviction out of a fund established for this purpose, but no such reward shall be paid to any public employee whose duty it is to investigate or enforce the law. The Chief of Police is hereby authorized to grant such reward with the consent of the Township Manager.
[Ord. #2197; Ord. #2584]
a. 
Definitions.
1. 
Indelible marker shall mean any felt tip marker, china marker, or similar device that is not water soluble and which has a flat or angled writing surface 1/2 inch or greater.
2. 
Minor shall mean any person under the age of 18 years.
b. 
Prohibited Conduct.
1. 
No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
2. 
No minor shall, at the time of purchase of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including, but not limited to, a motor vehicle operator's license, a registration certification under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a Federal, State, County, or Municipal government.
3. 
Absent express permission to the contrary, it shall be unlawful for any person to possess a spray paint container or indelible marker in any public building or upon any public facility or private property with intent to use the same to deface the said public building, facility, or property.
4. 
All persons offering for sale spray paint in pressurized containers shall restrict access to such items from the public by placing them behind a locked counter, cabinet or other storage facility so that access to them cannot be gained without them being unlocked by an unauthorized person. All persons offering for sale markers with a marking tip of 1/4 inch shall keep such markers in a location where they can be in constant view of the employee, agent, or other authorized representative of the person selling the markers.
c. 
Penalty. Any person found guilty of violating any of the provisions of this subsection shall upon conviction thereof, pay a fine not to exceed $500 or be subject to imprisonment for not more than 90 days in the County jail, or both in the discretion or the Municipal Court Judge.
[Ord. #2584]
a. 
The owner, or property manager, of real property dedicated wholly or partially to commercial or industrial use is hereby required to remove or cause to be removed from such property any written or pictorial graffiti, within 10 days of receipt by the owner of written notice from the Township Engineer or building inspector.
b. 
If the property owner or manager has removed all written or pictorial graffiti upon receipt of notice from the Township Engineer or building inspector and within the time frame stipulated by this section, and the same property is again defaced with written or pictorial graffiti within the same calendar year, or six months after prior corrective action, whichever is greater, then the property owner or manager shall be required to remove or cause to be removed same within 30 days of receipt of notice from the Township Engineer or building inspector.
The Township shall, at its own discretion and if adequate funding permits, provide the property owner or manager with paint to remove the graffiti for the second and each subsequent time within the same calendar year that the property is defaced. The Township shall determine the amount of paint necessary to cause sufficient covering of the graffiti. The property owner or manager who is the recipient of such paint shall be responsible for any and all labor involved in the removal of the written or pictorial graffiti. Paint shall be dispensed by the Township only in those cases where it is the most appropriate means for the removal of graffiti.
c. 
Such notice may be served upon any such owner, or property manager, either personally or by registered or certified mail, return receipt requested. If service is by registered or certified mail, the period within which such removal shall be accomplished shall be deemed to have commenced to run from the date of delivery of such registered or certified mail as shown on the receipt obtained by the postal authority.
d. 
Every such notice shall, in addition to requiring the removal as aforesaid, warn the owner, or property manager of the lands to which such notice refers that failure to accomplish such removal within the time stated therein, will result in removal by or under the direction of the Township; that the cost of such removal shall be charged to the owner, or property manager, of such lands and shall be payable to the Township and shall become a lien upon the lands and be collected as provided by law.
e. 
Whenever the owner of property within the Township receiving the notice provided for by this chapter to remove from such lands any of the substances hereinbefore mentioned, shall fail and neglect, within the time prescribed in the notice, to effect removal of the substances, such removal shall be accomplished by or under the direction of the Township. An accurate record of the cost of such removal by the Township shall be determined and certified and shall cause such cost as shown thereon to be charged against the lands. The amount so charged 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 by the same officers and in the same manner as in the case of taxes.
f. 
The Township Manager shall within 18 months after the adoption of this subsection report to the Township Council on the success of this program and make recommendations for its improvements.
[History includes Ord. Nos. 2133 and 2143]
[Ord. No. 3291]
a. 
The purpose of this section is to encourage Alarm Users to properly use and maintain the operational effectiveness of Alarm Systems in order to improve the reliability of Alarm Systems and reduce or eliminate False Alarms.
b. 
This section governs Alarm Systems intended to summon Law Enforcement/Fire Department response, and requires permits, establishes fees, fines, provides for penalties for violations and establishes a system of administration.
[Ord. No. 3291]
a. 
Responsibility for administration of this section is vested with the Chief of Police or designee.
b. 
The Chief of Police shall designate an Alarm Administrator to carry out the duties and functions described in this section.
c. 
The Alarm Administrator shall conduct an annual evaluation and analysis of the effectiveness of this section and identify and implement system improvements as warranted.
[Ord. No. 3291]
In this section, the following terms and phrases shall have the following meanings:
ALARM ADMINISTRATOR
Means a Person or Persons designated by the Chief of Police to administer the provisions of this section.
ALARM AGREEMENT
Means the legal contract or agreement by and between the Alarm Installation Company and/or Monitoring Company and the Alarm User.
ALARM DISPATCH REQUEST
Means a notification to a Law Enforcement Agency/Fire Department that an alarm, either manual or automatic, has been activated at a particular Alarm Site.
ALARM INSTALLATION COMPANY
Means a Person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site. This definition shall also include individuals or firms that install and service the Alarm Systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind (i.e., "do-it-yourselfers").
ALARM PERMIT
Means authorization granted by the Alarm Administrator to an Alarm User to operate an Alarm System.
ALARM RESPONSE MANAGER (ARM)
Means a person designated by an Alarm Installation Company or Monitoring Company to handle alarm issues for the company and act as the primary point of contact for the jurisdiction's Alarm Administrator.
ALARM SITE
Means a location served by one or more Alarm Systems. In a multi-unit building or complex, each unit shall be considered a separate Alarm Site if served by a separate Alarm System. In a single unit building that houses two or more separate businesses with separate Alarm Systems, each business will be considered a separate alarm site.
ALARM SYSTEM
Means a device or series of devices which emit or transmit an audible or remote visual or electronic alarm signal, which is intended to summon Police response. The term includes hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, and includes Local Alarm Systems, but does not include an alarm installed in a motor vehicle, on one's Person or a system which will not emit a signal either audible or visible from the outside of the building, residence or beyond, but is designed solely to alert the occupants of a building or residence.
ALARM USER
Means any Person who has contracted for monitoring, repair, installation or maintenance service for an Alarm System from an Alarm Installation Company or Monitoring Company, or who owns or operates an Alarm System which is not monitored, maintained or repaired under agreement.
ALARM USER AWARENESS CLASS
Means a class or online school conducted for the purpose of educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems and the problems created by False Alarms.
ALARM USER LIST
Means a list provided by the Alarm User's Alarm Installation Company or if no Alarm Agreement exists between the Alarm User and an Alarm Installation Company, the Alarm User's Monitoring Company.
ARMING STATION
Means a device that controls an Alarm System.
AUTOMATIC VOICE DIALER OR DIGITAL ALARM
Means any electronic, mechanical, or other device which, when activated, is capable of being programmed to send a prerecorded voice or alarm message to a Law Enforcement Agency/Fire Department requesting a Police/Fire dispatch to an Alarm Site.
BURGLAR ALARM
Means an alarm intended to identify the presence of an intruder in either a business or residence.
BURGLAR ALARM CRIME IN PROGRESS
Means a burglar Alarm Dispatch Request reported by a Monitoring Company that indicates a crime is in progress based upon an audio, video or Other Electronic Means verification devices installed at the alarm site.
CANCELLATION
Means the termination of a Police/Fire response to an Alarm Site after dispatch request is made but before an officer/firefighter has arrived at the Alarm Site.
CONVERSION OF ALARM USER
Means the transaction or process by which one Alarm Installation Company or Monitoring Company begins the servicing or Monitoring of a previously unmonitored Alarm System or an Alarm System that was previously serviced or monitored by another alarm company.
CUSTOMER FALSE ALARM PREVENTION CHECKLIST
Means a check off list provided by the Alarm Administrator to the alarm installer to provide to the Alarm User to complete prior to the activation of an alarm system.
DURESS ALARM
Means a silent Alarm System signal generated by the entry of a designated code into an Arming Station in order to signal that the Alarm User is being forced to turn off the system and requires an officer's response.
ENHANCED CALL VERIFICATION (ECV)
Means an attempt by the Monitoring Company, or its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm User's designated representatives by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting a Police dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request. For the purpose of this section, telephone verification shall require, as a minimum that a second call be made to a different number, if the first attempt fails to reach an Alarm User who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Name and numbers of those contacted or attempted to contact, must be provided when requested.
FALSE ALARM
Means an Alarm Dispatch Request to the Police/Fire Department, which results in the responding officer/firefighter finding no evidence of a criminal offense, attempted criminal offense, water, fire, or smoke condition after completing an investigation of the Alarm Site.
HOLDUP ALARM
Means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred.
LAW ENFORCEMENT AUTHORITY
Means the Chief of Police or other authorized representative of a Law Enforcement Agency.
LOCAL ALARM SYSTEM
Means an unmonitored Alarm System that annunciates an alarm only at the Alarm Site.
MONITORING
Means the process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the Police/Fire Department.
MONITORING COMPANY
Means a Person in the business of providing Monitoring services.
ONE PLUS DURESS ALARM
Means the manual activation of a silent alarm signal by entering a code that adds one to the last digit of the normal arm/disarm code — Normal code 1234, One Plus Duress Code = 1235.
OTHER ELECTRONIC MEANS
Is the real-time audio/video surveillance of an Alarm Site by the Monitoring Company, by means of devices that permit either the direct, live listening in or viewing of an Alarm Site or portions thereof.
PANIC ALARM
Means an Alarm System signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring an officer's response.
PERSON
Means an individual, corporation, partnership, association, organization or similar entity.
POLICE OR POLICE DEPARTMENT
Means the Belleville Police Department. Fire or Fire Department means the Belleville Fire Department.
PRIMARY TRUNK LINE
Means a telephone line serving the Townships Public Safety building that is solely designated to receive emergency calls.
PROTECTIVE OR REACTIVE ALARM SYSTEM
Means an Alarm System that produces a temporary disability or sensory deprivation through the use of chemical, electrical, sonic or other means, including use of devices that obscure or disable a person's vision.
RESPONSIBLE PARTY
Means a person capable of appearing at the Alarm Site upon request who has access to the Alarm Site, the code to the Alarm System and the authority to approve repairs to the Alarm System.
ROBBERY ALARM
Means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism on or near the premises intended to signal that a robbery or other crime is in progress, and that a Person is in need of immediate Police assistance in order to avoid bodily harm, injury or death. The term has the same general meaning as "Holdup Alarm or Duress Alarm".
SIA CONTROL PANEL STANDARD CP-01
Means the ANSI — American National Standard Institute approved Security Industry Association — SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, will be marked to state: "Design evaluated in accordance with SIA CP-0 I Control Panel Standard Features for False Alarm Reduction".
SUSPENSION OF RESPONSE
Means the termination of Police/Fire response to alarms at a specified Alarm Site as a result of False Alarms or other violation of the alarm section.
TAKEOVER
Means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User.
TELEPHONE VERIFICATION
See Verify.
UNREGISTERED ALARM SITE
Means a site that has not complied with the registration requirements as defined in the alarm section.
VERIFY
Means an attempt by the Monitoring Company to determine the validity of an alarm signal prior to initiating an Alarm Dispatch Request.
ZONES
Mean division of devices into which an Alarm System is divided to indicate the general location from which an Alarm System signal is transmitted.
[Ord. No. 3291]
a. 
No Alarm User shall operate, or cause to be operated, an Alarm System at its Alarm Site without a valid Alarm Permit. A separate Alarm Permit is required for each Alarm Site. The fee for a new initial Alarm Permit shall be collected by the Alarm Installation Company and an Alarm Permit renewal fee shall be collected by the Alarm Administrator.
b. 
The fee for an Alarm Permit or an Alarm Permit renewal is set forth below and shall be paid by the Alarm User. No refund of a permit fee or permit renewal fee will be made. The initial Alarm Permit fee must be submitted to the Alarm Administrator within 20 days after the Alarm System installation or Alarm System Takeover.
Residential
Commercial
Initial Permit Fee
$25
$50
Renewal Fees
$25
$50
c. 
Upon receipt of a completed Alarm Permit application form and the Alarm Permit fee, the Alarm Administrator 4 shall register the applicant unless the applicant has:
1. 
Failed to pay any fee or fine assessed under this Ordinance; or
2. 
Had an alarm permit for the Alarm Site suspended and the violation causing the suspension has not been corrected; or
3. 
The Alarm Installation Company and/or the Monitoring Company listed on the permit application are not listed as having a valid Alarm License issued by the State of New Jersey, if so required.
d. 
Each Alarm permit application must include the following information:
1. 
The name, complete address (including apartment/suite number), and telephone numbers of the Person who will be the permit holder and be responsible for the proper maintenance and operation of the Alarm System and payment of fees assessed under this article;
2. 
The classification of the Alarm Site as either residential (includes apartment, condo, mobile home, etc.) or commercial;
3. 
For each Alarm System located at the Alarm Site, the classification of the Alarm System (i.e. burglary, Holdup, Duress, Panic Alarms, Water, Fire, Smoke, or other) and for each classification whether such alarm is audible or silent;
4. 
Mailing address, if different from the address of the Alarm Site;
5. 
Any dangerous or special conditions present at the Alarm Site;
6. 
Type of business conducted at a commercial Alarm Site;
7. 
Signed certification from the Alarm User stating the following:
(a) 
The date of installation, Conversion or Takeover of the Alarm System, whichever is applicable;
(b) 
The name, address, and telephone number of the Alarm Installation Company or companies performing the Alarm System installation, Conversion, or takeover and of the Alarm Installation Company responsible for providing repair service to the Alarm System;
(c) 
The name, address, and telephone number of the Monitoring Company if different from the Alarm Installation Company;
(d) 
That a set of written operating instructions for the Alarm System, including written guidelines on how to avoid False Alarms, have been left with the applicant by the Alarm Installation Company; and
(e) 
That the Alarm Installation Company has trained the applicant in proper use of the Alarm System, including instructions on how to avoid False Alarms.
8. 
An acknowledgement that the Police/Fire response may be influenced by factors including, but not limited to, the availability of officers/firefighters, priority of calls, weather conditions, traffic conditions, emergency conditions and staffing levels.
e. 
Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Permit shall be sufficient cause for refusal to issue a permit.
f. 
An Alarm Permit cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm Administrator of any change that alters any of the information listed on the Alarm Permit application within five business days of such change.
g. 
All fines and fees owed by an applicant must be paid before an Alarm Permit may be issued or renewed.
h. 
No refund of a permit or permit renewal fee will be made.
i. 
Government entities, including but not necessarily limited to the Township of Belleville and the Belleville Board of Education, must obtain permits for all Alarm Systems under their control, but are exempt from the payment of permit and other fees. Government entities are subject to all other applicable Ordinance requirements.
[Ord. No. 3291]
An Alarm Permit shall expire one year from the date of issuance, and must be renewed annually by submitting an updated application and a permit renewal fee to the Alarm Administrator. The Alarm Administrator shall notify each Alarm User of the need to renew 30 days prior to the expiration of the permit. It is the responsibility of the Alarm User to submit an application prior to the permit expiration date. Failure to renew will be classified as use of a non-registered Alarm System and penalties shall be assessed without waiver. A $25 late fee shall be assessed for alarm registrations and subsequent renewals, which are more than 30 days late.
[Ord. No. 3291]
a. 
An Alarm User shall:
1. 
Obtain an Alarm Permit for the Alarm System as required in subsection 3-33.4;
2. 
Maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms;
3. 
Provide the Monitoring Company with updated names and telephone numbers of at least two individuals who are able and have agreed to:
(a) 
Receive notification of Alarm System activation at any time;
(b) 
Respond to the Alarm Site within 30 minutes at any time; and
(c) 
Upon request grant access to the Alarm Site and deactivate the Alarm System if necessary;
4. 
Make every reasonable effort to have a Responder to the Alarm System's location within 30 minutes when requested by the Police/Fire Department in order to:
(a) 
Deactivate an Alarm System;
(b) 
Provide access to the Alarm Site; and/or
(c) 
Provide alternative security for the Alarm Site.
5. 
Not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report.
b. 
After the effective date of this section, it is a violation for any person to operate an Alarm System in the Township of Belleville that has a siren, bell or other signal that is audible from any property adjacent to the Alarm Site that sounds for longer than 10 consecutive minutes after the alarm is activated, or that repeats the ten-minute audible cycle more than two consecutive times during a single armed period. An administrative fee of $100 shall be assessed for each violation of this section. The Township through the use of any means necessary if the alarm does not shut off as described above may disconnect audible Alarm Systems. The Township or its employees or agents shall not be responsible or liable for damage resulting from such disconnection.
c. 
An Alarm User shall have an Alarm Installation Company inspect the Alarm System after three False Alarms within a one-year permit period. The Alarm User must have an Alarm Installation Company within 30 days of written notice, modify the Alarm System to be more false alarm resistant and provide additional user training as appropriate. An Alarm User shall submit a written statement from an Alarm Installation Company stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company. Failure to comply may result in the suspension of the Alarm Users permit.
d. 
An Alarm User shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System.
e. 
All Alarm Users shall agree with their Alarm Installation Company and/or Monitoring Company to go through an "acclimation period" for the first seven days after installation of an Alarm System during which time the Alarm Installation Company and/or Monitoring Company will have no obligation to and will not respond to any Alarm Signal from the Alarm Site, excluding Panic, Duress, Smoke, Fire, and Holdup signals, and will not make an Alarm Dispatch Request to Law Enforcement/Fire Department, even if the Alarm Signal is the result of an actual alarm event.
[Ord. No. 3291]
a. 
Each Alarm Installation Company and Alarm Monitoring Company must designate one individual as the Alarm Response Manager (ARM) for the company. The individual designated as the ARM must be knowledgeable of the provisions of this section, as well as have the knowledge and authority to deal with False Alarm issues and respond to requests from the Alarm Administrator. The name, contact number, and email address of the ARM must be provided to the Alarm Administrator.
b. 
Alarm Installation Companies shall:
1. 
Upon the installation or activation of an Alarm System, the Alarm Installation Company shall distribute to the Alarm User information summarizing:
(a) 
The applicable law relating to False Alarms, including the potential for service fees and false alarm penalties;
(b) 
Information on preventing False Alarms; and
(c) 
Instructions on the operation of the Alarm System.
2. 
After the effective date of this section, Alarm Installation Companies shall not program Alarm Systems so that they are capable of sending One Plus Duress Alarms. Monitoring companies may continue to report One Plus Duress Alarms received from Alarm Systems programmed with One Plus Duress Alarms installed prior to the effective date of this section.
3. 
After the effective date of this section, Alarm Installation Companies shall not install, modify or repair "single action" devices for the activation of Hold-up, Robbery or Panic Alarms. New devices shall require two actions or an activation delay to provide more positive assurance that the user intends to activate the device.
4. 
Sixty days after the effective date of this section, an Alarm Installation Company shall, on new installations, use only alarm control panel(s) which meet ANSUSIA CP-01-Control Panel Standard - Features for False Alarm Reduction.
5. 
After the effective date of this section an Alarm Company shall not use an automatic voice dialer for any Alarm System which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department and then transmit any pre-recorded message or signal. An administrative fee of $100 per incident shall be assessed for any violation of this provision.
6. 
After completion of the installation of an Alarm System, an employee of the Alarm Installation Company shall review with the Alarm User the Customer False Alarm Prevention Checklist or an equivalent checklist approved by the Alarm Administrator.
Note: The Customer False Alarm Prevention Checklist is included as an attachment to this chapter.
7. 
The Alarm Company shall ensure that all Alarm Users of Alarm Systems equipped with a duress, robbery, holdup or Panic Alarm have been provided adequate training as to the proper use of the alarm.
8. 
Each Installation Company must maintain, for a period of at least one year after the date of the Alarm System's activation the completed Customer False Alarm Prevention Checklist. The Alarm Administrator may request copies of such records for any individual Alarm User. The Alarm Installation Company shall furnish the requested records within 30 days after receiving the request. Failure to comply with this subsection will incur a $50 administrative service fee.
c. 
A Monitoring Company shall:
1. 
Not make an Alarm Dispatch Request to a Burglar Alarm signal during the first seven-day "acclimation period" after a Burglar Alarm System installation or activation. Exceptions to the "acclimation period" of non-response can be made by the Police Department in special circumstances, including but not limited to, domestic violence and stalking.
2. 
Report alarm signals by using telephone numbers designated by the Alarm Administrator.
3. 
Employ Enhanced Call Verification on all burglar alarms. The Police Department may refuse to accept burglar alarm calls from Monitoring Companies that fail to perform Enhanced Call Verification.
4. 
Communicate Alarm Dispatch Requests to the Police Department in a manner and form determined by the Alarm Administrator.
5. 
Communicate Cancellations to the Police Department in a manner and form determined by the Alarm Administrator.
6. 
Communicate any available information (north, south, front, back, door, window, etc.) about the location of an alarm signal(s) as part of an Alarm Dispatch Request.
7. 
Communicate the type of alarm activation (silent or audible, interior or perimeter), if available, on any Alarm Dispatch Request.
8. 
Notify the Township of Belleville Emergency Communications (Dispatch) of any Alarm Site that it knows, or reasonably should know, is fitted with a protective-reactive device. During any alarm at such a site, a Responsible Party must be contacted and confirm that he or she will respond to the Alarm Site to disarm the device. In all cases where a protective-reactive device is present at an Alarm Site, the Police dispatch request shall include a warning for officers not to enter the Alarm Site until the Responsible Party is present and has disarmed the device.
9. 
Prior to making an Alarm Dispatch Request, attempt to notify the Alarm User to send a Responsible Party to the Alarm Site, in order to:
(a) 
Deactivate an Alarm System;
(b) 
Provide access to the Alarm Site; and/or
(c) 
Provide alternative security for the Alarm Site.
10. 
After an Alarm Dispatch Request, promptly advise the Police/Fire Department if the Monitoring Company knows that the Alarm User or a Responsible Party is on the way to the Alarm Site.
11. 
Contact the Alarm User or Responsible Party within 24 hours via mail, fax, telephone or other electronic means to advise them that an Alarm Dispatch Request of the Police Department was made.
12. 
Each Monitoring Company must maintain, for a period of at least one year after the date of an Alarm Dispatch Request, all records relating to the Alarm Dispatch Request. Records must include the name, address and telephone number of the Alarm User, each Alarm System zone activated, the time of Alarm Dispatch Request and evidence of all attempts to verify. The Alarm Administrator may request copies of such records for any individual Alarm User. The Monitoring Company shall furnish the requested records within 30 days after receiving the request. Failure to comply with this subsection will incur a $50 administrative service fee.
13. 
Each Monitoring Company shall, upon request, immediately provide the Police Department with the names and phone numbers of the Alarm User's emergency contacts at the time of each Alarm Dispatch Request.
d. 
Existing Accounts. Any Alarm System which was installed before the effective date of this section must be registered by the Alarm User within 45 days after being notified. An Alarm Installation Company or Monitoring Company, shall, within 30 days after being notified in writing from the Alarm Administrator, provide an Alarm User List of existing Alarm Users in the Township, including name, address, billing address, telephone number and the telephone number of the law enforcement agency that they have listed to call to report an alarm for that Alarm Site, to the Alarm Administrator.
e. 
Maintaining Tracking Data. Within 30 days prior to the first day of January of each year, an Alarm Installation Company or Monitoring Company shall provide the Alarm administrator with a complete Alarm User List of active customers whose premises are located within the Township, to assist the Alarm Administrator with creating and maintaining tracking data. The customer information must be provided in a format acceptable to the Alarm Administrator that includes the following:
1. 
Customer name.
2. 
Customer billing address.
3. 
Customer telephone number.
4. 
Alarm Site address.
5. 
Alarm Installation Company and license number.
6. 
Monitoring Company and license number.
f. 
Conversion or Termination of Alarm Users. An Alarm Installation Company or Monitoring Company that converts the servicing of any Alarm System account from another company or terminates an account shall notify the Alarm Administrator of such conversion or termination and shall provide to the Alarm Administrator, within 30 days from the date of conversion or termination, an Alarm User List of the converted or terminated accounts, in a format acceptable to the Alarm Administrator, that includes the following:
1. 
Customer name.
2. 
Customer billing address.
3. 
Customer telephone number.
4. 
Alarm Site address.
5. 
Alarm Installation Company and license number.
6. 
Monitoring Company and license number.
g. 
The customer lists described in paragraphs d., e and f above are proprietary and confidential information and will not be released to anyone absent a court order.
h. 
Failure to provide Alarm User Lists to the Alarm Administrator, as required in paragraphs c, d and e above, will result in a fee of $25 per working day until the Alarm Installation Company or Monitoring Company complies with the requirement. (I) New Alarm Systems. Any Alarm Installation Company that installs or activates an Alarm System on premises within the City after the effective date of this ordinance must notify the Alarm Administrator within 10 days after the date of installation and provide the name, address, billing address, and telephone number of the alarm user. The failure to notify in accordance with the terms of this subsection shall result in a $100 administrative fee per incident against the alarm installation company. The Alarm Installation Company shall have the Alarm User complete a Customer False Alarm Prevention Checklist. The Alarm Installation Company shall keep on file the completed checklist for up to one year after the activation of the Alarm System.
[Ord. No. 3291]
a. 
Every Alarm Installation Company and every Alarm Monitoring Company serving customers in the Township of Belleville shall maintain a valid Alarm License issued by the State of New Jersey if so required.
b. 
The Alarm Installation Company shall provide the name, address and phone number of any Monitoring Company that they are using to monitor their Alarm Sites within the Township and Monitoring Companies shall do the same for Alarm Installation Companies that they monitor Alarm Sites for that are within the Township.
[Ord. No. 3291]
a. 
The Alarm Administrator shall:
1. 
Designate a manner, form and telephone numbers for the communication of Alarm Dispatch Requests; and
2. 
Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
b. 
The Alarm Administrator shall establish a procedure to record such information on Alarm Dispatch Requests necessary to permit the Alarm Administrator to maintain records, including, but not limited to, the information listed below.
1. 
Identification of the registration number for the Alarm Site;
2. 
Identification of the Alarm Site;
3. 
Date and time Alarm Dispatch Request was received, including the name of the Monitoring Company and the Monitoring operator name or number;
4. 
Date and time the police officer arrival at the Alarm Site;
5. 
Alarm zone and zone description, if available;
6. 
Identification of the responsible Alarm Installation Company or Monitoring Company;
7. 
Whether a police officer was unable to locate the address of the Alarm Site; and
8. 
Cause of alarm signal, if known.
c. 
The Alarm Administrator shall establish a procedure for the notification to the Alarm User of a False Alarm. The notice shall include the following information:
1. 
The date and time of police/fire response to the False Alarm; and
2. 
A statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fines.
d. 
The Alarm Administrator may require that a conference be held with an Alarm User and the Alarm Installation Company or Monitoring Company responsible for repairing or monitoring of the Alarm System to review the circumstances of any False Alarms. The conference may be held in person or through a conference telephone call, at the Alarm Administrator's discretion.
e. 
The Alarm Administrator may create and implement an Alarm User Awareness Class or online alarm school. The Alarm Administrator may request the assistance of Associations, alarm companies and Law Enforcement Agencies in developing and implementing the class. The class shall inform Alarm Users of the problems created by False Alarms and teach Alarm Users how to avoid generating False Alarms.
f. 
The Alarm Administrator may require an Alarm User to remove a Holdup Alarm device that is a single action, non-recessed button, or have it replaced with an acceptable dual-action or recessed device after the occurrence of a False Holdup Alarm.
g. 
The Alarm Administrator may require an Alarm User to remove the Duress or Panic Alarm capability from their Alarm System after the occurrence of a False Alarm.
h. 
The Alarm Administrator will make a copy of this section and/or a section summary sheet available to the Alarm User.
[Ord. No. 3291]
a. 
An Alarm User shall not program or cause to be programmed an Automatic Voice Dialer to select a Primary Trunk Line or 9-1-1.
b. 
An Alarm User shall disconnect or reprogram an Automatic Voice Dialer which is programmed to select a Primary Trunk Line or 9-1-1 within 24 hours of receipt of written notice from the Alarm Administrator that it is so programmed.
c. 
Every Automatic Voice Dialer shall be programmed to dial a specific number so designated by the Law Enforcement Authority.
d. 
Any Alarm User who violates this section will be subject to a fine of $100.
[Ord. No. 3291]
a. 
An Alarm User shall be subject to service fees, depending on the number of False Burglar/Fire Alarms within the one-year permit period based upon the following schedule:
1. 
1st False Alarm, $25 (Waived for completing alarm school online).
2. 
2nd False Alarm, $50.
3. 
3rd False Alarm, $75.
4. 
4th False Alarm, $100.
5. 
5th or more False Alarm(s), $200.
Robbery, Panic and Burglary Crime in Progress False Alarm Service Fees: $150 for each False Alarm.
b. 
In addition, any Person operating an Unregistered Alarm System will be subject to a service fee of $100 for each False Alarm in addition to any other fees or fines.
c. 
An Alarm User may have the option of attending an Alarm User Awareness Class online in lieu of paying the first prescribed service fee under this section. This option is available only once during the one-year permit period. The option to have the first service fee waived shall be offered for each of consecutive Alarm User's permit one year periods. The Alarm User must complete the offered online alarm school within 30 days. The false alarm count will not be changed.
d. 
If Cancellation of an Alarm Dispatch Request occurs prior to a police officer/firefighter arriving at the scene, no false alarm will be assessed, but the Fire Department will still investigate the alarm.
e. 
Notice of the Right of Appeal under this section will be included with any fees or fines.
f. 
If any fee or fine assessed in this section is not paid within 30 days after a notice or invoice is mailed, a late fee in the amount of $25 shall be imposed.
[Ord. No. 3291]
a. 
The Alarm Administrator shall notify the Police/Fire Department of each Alarm User whose Alarm Permit qualifies for suspension under this section. The Alarm Administrator may suspend an Alarm Permit if it is determined that:
1. 
There is a violation of this section by the Alarm User; or
2. 
There is a false statement of a material fact in the application for a permit; or
3. 
The Alarm User has failed or refused to pay an Alarm Permit fee, Alarm Permit renewal fee, False Alarm service fee, any late fee, or any other assessed fee under this section, more than 30 days after the fee is due. This applies to all classifications of alarms including burglary, burglary in progress, panic, smoke, water, fire, duress, hold-up and robbery.
4. 
The alarm user has had five or more false burglar alarms within one year after the date of issuance of their annual permit, except that the alarm administrator may waive a suspension of a permit upon receipt of documented work orders showing reasonable attempts to repair the alarm system.
5. 
The Alarm User failed to participate in a scheduled alarm conference.
b. 
The Police/Fire Department may not respond to any alarm, where the Alarm Site is under suspension.
[Ord. No. 3291]
a. 
It is a violation of this section for a Person to operate an Alarm System during the period in which the Alarm Permit is suspended. It is a violation of this section for a Monitoring Company to make an Alarm Dispatch Request to an Alarm Site after the Monitoring Company's Alarm Response Manager has been notified by the Alarm Administrator that the permit for that Alarm Site has been suspended. The Monitoring Company shall be given a three-day notice prior this action. The Monitoring Company shall be assessed a service fee of $100 for each such dispatch to an Alarm Site. If the fee is not paid within 30 days after the invoice is mailed, a late fee in the amount of $25 will be imposed on the Monitoring Company.
b. 
Unless there is a separate indication that there is a crime in progress, or an active smoke/fire condition Emergency Communications may not dispatch an officer/firefighter to an Alarm Site for which an Alarm Permit is suspended.
[Ord. No. 3291]
a. 
On the first suspension of a permit, a Person who's Alarm Permit has been suspended may obtain reinstatement of the permit by the Alarm Administrator if the Person:
1. 
Pays a reinstatement fee of $50;
2. 
Pays, or otherwise resolves, all outstanding fees and penalties;
3. 
Submits a written notice from an Alarm Installation Company stating that the Alarm System has been inspected and repaired (if necessary) by the Alarm Installation Company; and
4. 
The Alarm User successfully completes an on-line alarm awareness class and test.
b. 
On the second and every subsequent suspension of a permit, reinstatement may be obtained by compliance with paragraph a, 1 above and compliance with any of the following conditions that the Alarm Administrator may require:
1. 
Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01.
2. 
A written statement from an independent inspector designated by the Chief of Police or his designee that the Alarm System has been inspected and is in good working order.
3. 
Confirmation that all motion detectors are "dual technology" type.
4. 
Confirmation that the Alarm System requires two independent zones to trigger before transmitting an alarm signal to the Monitoring Company.
5. 
Confirmation that the Alarm System requires two independent detectors to trigger before transmitting an alarm signal to the Monitoring Company.
6. 
Written notice that the Monitoring Company will not make an Alarm Dispatch Request unless the need for an officer is confirmed by a listen-in device. This condition does not apply to residential property.
7. 
Written notice that the Monitoring Company will not make an Alarm Dispatch Request unless the need for an officer is confirmed by a camera device. This condition does not apply to residential property.
8. 
Written notice that the Monitoring Company will not make an Alarm Dispatch Request unless the need for an officer is confirmed by a Person at the Alarm Site.
c. 
The Police/Fire Department shall reinstate its response to an Alarm Site as soon as it is practicable, after receiving notice of reinstatement from the Alarm Administrator. The Alarm User and Monitoring Company shall take notice that the Alarm Site has been officially reinstated only after receiving notice from the Alarm Administrator of that fact.
[Ord. No. 3291]
a. 
The Alarm Administrator shall notify the Alarm User in writing after each False Alarm. The notification shall include: a warning letter if appropriate or the amount of the service fee for the False Alarm. The notice shall include information that the Alarm User can complete an online Alarm User Awareness Class to waive the first false alarm service fee during the Alarm Users one-year permit period. The right of appeal under this section will be included with the notice.
b. 
The Alarm Administrator shall notify the alarm user in writing and the appropriate alarm installation company or monitoring company by electronic mail 30 days before an alarm response is to be suspended. The right of appeal under this section will be included with the notice.
[Ord. No. 3291]
a. 
If the Alarm Administrator assesses a service fee, fine, or denies the issuance, renewal or reinstatement of an Alarm Permit, the Alarm Administrator shall send written notice of the action and a statement of the right to an appeal to the appropriate affected applicant, Alarm User, Alarm Installation Company or Monitoring Company.
b. 
The Alarm User, Alarm Installation Company or Monitoring Company may appeal an assessment of a service fee, fine, the suspension of an Alarm Permit, the denial of a Alarm Permit, Suspension of Response or suspension of police response by setting forth in writing the reasons for the appeal within 15 business days after notice of the action of the Alarm Administrator.
c. 
The Alarm User or the Alarm Installation Company or Monitoring Company may appeal the decision of the Alarm Administrator to the Law Enforcement Authority as follows:
1. 
The applicant, Alarm User, Alarm Installation Company or the Monitoring Company may file a written request for a review by paying an appeal fee of $25 and setting forth the reasons for the appeal within 20 business days after the date of notification of the decision from the Alarm Administrator. Appeal fees will be returned to the appealing Alarm User, Alarm Installation Company or Monitoring Company if the appeal is upheld.
2. 
The Law Enforcement/Fire Fighting Authority shall conduct a review of the appeal within 30 days of the receipt of the request and consider the evidence presented by the Individual filing the appeal or any interested parties. The Law Enforcement/Fire Fighting Authority shall make its decision on the basis of the preponderance of evidence presented at the hearing. The Law Enforcement/Fire Fighting Authority must render a decision within 15 days after the date of the hearing. The Law Enforcement/Fire Fighting Authority shall affirm or reverse the decision of the Alarm Administrator.
d. 
Filing of a request for appeal shall stay the action by the Alarm Administrator suspending the payment of a fee/fine, the suspension of an Alarm Permit, the denial of an Alarm Permit or Suspension of Response until the Law Enforcement Authority has completed its review. If a request for appeal is not made within the twenty-business day period, the action of the Alarm Administrator is final.
e. 
The Alarm Administrator or Law Enforcement Authority may adjust the count of False Alarms based on:
1. 
Evidence that a False Alarm was caused by action of a communications services provider (i.e. telephone, cellular, cable company);
2. 
Evidence that a False Alarm was caused by a power outage lasting longer than four hours or severe weather such as a tornado or earthquake;
3. 
Evidence that the Alarm Dispatch Request was not a False Alarm;
4. 
Evidence of documented work orders showing reasonable attempts to repair the Alarm System prior to additional false alarms.
5. 
Any other circumstances that demonstrate by a preponderance of the evidence that it was not a false alarm.
6. 
The Alarm Administrator may waive all of a False Alarm fee or partial part of fee due to extenuating circumstances or to encourage corrective action.
In determining the number of False Alarms, multiple alarms occurring in any twenty-four-hour period may be counted as one False Alarm to allow the Alarm User time to take corrective action unless the False Alarms are directly caused by the Alarm User.
[Ord. No. 3291]
Enforcement of this section may be by civil action as provided under municipal law.
[Ord. No. 3291]
In the interest of public safety, all information contained in and gathered through the Alarm Permit applications, records relating to Alarm Dispatch Requests, and applications for appeals shall be held in confidence by all employees or representatives of the Township and by any third-party administrator or employees of a third-party administrator with access to such information.
[Ord. No. 3291]
Alarm Registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an Alarm Permit, the Alarm User acknowledges that the Belleville Police/Fire Department response may be influenced by factors such as: the availability of police/fire units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, prior response history and administrative actions.
[Ord. #2186]
[Ord. #2186]
The Township of Belleville, a small, quiet and heavily populated suburban community which is substantially of a residential nature; and gasoline service stations in the conduct of their business during the hours of darkness require lighting conditions of intense brilliancy, which lighting conditions are detrimental to the health and welfare of residents of the community and which also steadily or intermittently annoy, disturb, injure and endanger the comfort, repose, peace and quiet of such residents; and the conduct of a gasoline service stations business in conjunction with the services rendered are of such a nature as to cause noises of such character, intensity and duration as to be detrimental to the health and welfare of the residents of the community and steadily or intermittently annoy, disturb, or endanger the comfort, repose, peace, quiet or safety of such residents.
The U.S. Department of Housing and Urban Development has found that "the noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in population centers." U.S. Department of Housing and Urban Development, Circular No. 1290.2, Noise Abatement and Control 1 (1971); and municipalities in this State have the authority to adopt ordinances regulating or preventing loud, disturbing and unnecessary noises which are detrimental to the public health, safety and welfare and which secure and maintain quiet seclusion and make available to the municipality's inhabitants the refreshment of repose and the tranquility of solitude (N.J.S.A. 40:48-1 et seq.).
[Ord. #2186 § I]
A "gasoline service station" shall consist of any building, structure, place or location designed primarily to supply motor vehicles with gasoline, oil, grease and supplies and for the inspection, testing, examination and repair thereof and maintaining gasoline pumps and oil pumps for the purpose of selling gasoline and oil.
[Ord. #2186 § II]
All gasoline service stations in the Township of Belleville shall cease and desist from all business operations whatsoever involving the sale of any and all goods, merchandise or services of any nature or description beginning at the hour of 12:00 midnight until 6:00 a.m. of the following morning.
[Ord. #2186 § III]
Any person, firm or corporation who violates any provision of this subsection shall upon conviction thereof, be punished by a fine not exceeding $500 or a term not exceeding 90 days or both.
[Ord. #2221]
[Ord. #2221 § I]
Pursuant to N.J.S.A. 39:4-139.2, the Parking Offenses Adjudication Act, the Township of Belleville has the authority to make, amend, repeal and enforce an ordinance authorizing the impoundment or immobilization of motor vehicles found within the municipality if there are any outstanding warrants against such vehicles. The Township Council hereby exercise this authority and delegates to the Belleville Police Department and/or its agents the authority to impound or immobilize motor vehicles found within the Township if there are any outstanding warrants against such vehicles.
[Ord. #2221 § II]
Except for vehicles owned by lessors who have complied with the provisions of the act respecting lessors, if any outstanding warrants are not paid by midnight of the 30th day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction. The municipality shall give notice of the sale by certified mail to the owner, if his or her name and address is known, and to the holder of any security interest noted on the files of the Motor Vehicle Commission. Public notice of the sale shall be in a form prescribed by the director of the Motor Vehicle Commission by publication of public notice at least five days in advance of the date of sale. Publication shall be in one or more of the official newspapers of the municipality, which newspapers are established by annual resolution of the Governing Body.
[Ord. #2221 § III]
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle, and any fine or penalty and court costs assessed against the owner of the vehicle for a violation(s) which gave rise to the impoundment or immobilization of said vehicle, including any outstanding warrants against such vehicle; provided, however, the owner-lessor of a motor vehicle who has complied with the provisions of "The Parking Offenses Adjudication Act" respecting lessors shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, court costs and outstanding warrants against the vehicle.
[Ord. #2221 § IV]
Any proceeds obtained from the sale of the vehicles at public auction in excess of the amount owed to the municipality for the reasonable costs of removal and storage of the motor vehicle, and any fines or penalties and court costs assessed against said vehicle for the violation which gave rise to the impoundment or immobilization of the motor vehicle, including any outstanding warrants against such vehicle, shall be returned to the owner of the vehicle, if his or her name and address are known.
[Ord. #2522]
[Ord. No. 2522; Ord. No. 3187]
a. 
Purpose:
An ordinance to establish requirements to control littering in the Township of Belleville, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
b. 
Definitions:
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.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other law or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. 
Prohibited acts and regulated activities.
1. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
2. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. #2522 § 2]
The use of litter receptacles shall be required at the following public places, which exist in the municipality. The proprietor of these places or sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
a. 
Buildings held out for use by the public, including schools, government buildings and railroad and bus stations;
b. 
Sidewalks used by pedestrians in active retail commercially-zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle;
c. 
All parks, beaches and bathing areas;
d. 
All drive-in restaurants;
e. 
All street vendor locations;
f. 
All self-service refreshment areas;
g. 
All construction sites;
h. 
All shopping centers;
i. 
All gasoline service stations islands;
j. 
All campgrounds and trailer parks;
k. 
All marinas, boat moorages and fueling stations, all board launching stations and all public and private piers operated for public use;
l. 
All special events to which the public is invited, including sporting events, parades, carnivals, circuses, barbecues and festivals.
[Ord. No. 2522; Ord. No. 3187]
a. 
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
b. 
No person shall place any refuse or waste material, cause to be placed or throw or permit to be thrown any refuse, waste material or wastepaper or discard any article in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Township, nor shall any person throw or deposit any refuse in any stream or any other body of water, nor shall any person cause, place, sweep or deposit, anywhere within the Township, any refuse or discard any item, article, thing or material of any kind or nature whatsoever in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park or parkway or other public place or onto any occupied premises privately or publicly owned.
c. 
No person shall deposit any refuse, rubbish or waste matter or material of any kind upon any field, vacant lot or building plot in the Township.
d. 
No person shall deposit any recyclable materials unless in accordance with Township Recycling guidelines or in specially designated recycling areas as established by the Township.
e. 
Public Litter Basket(s)/Receptacles. The public litter basket(s)/Receptacles as located throughout the Township of Belleville, New Jersey are specifically to be used for litter. They are not to be used for the purposes of dumping private refuse, which should be disposed of through scavenger services.
[Ord. #2522 § 4]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. #2522 § 5]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. #2522 § 6]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Ord. #2522 § 7]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential lawns except in a fully enclosed structure, any motor vehicle, trailer or semi-trailer, which is (a) missing tires, wheels, engine or any essential parts; or (b) which displays extensive body damage or deterioration; or (c) which does not display a current, valid State license; or (d) which is wrecked, disassembled or partially disassembled.
[Ord. #2522 § 8]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. #2522 § 9]
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after the completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage or refuse.
[Ord. #2522 § 10]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. #2522 § 11]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place, any litter or accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free from litter. All sweepings shall be collected and properly containerized for disposal.
[Ord. No. 2522; Ord. No. 3187]
a. 
Publication of Notice. Within Six months after the effective date of this section and at least once every six months thereafter, the Township Recycling Coordinator or the Township Manager's designee, shall cause a notice to be published in one official newspaper of the Township, stating the requirements, which this amendment imposes upon responsible solid waste generators. The Recycling Coordinator or Township Manager's designee shall cause such other notice to be given, if any, as the Township Council may deem necessary and appropriate. A failure to give any notice required by this section shall not relieve a responsible solid waste generator of its obligations under this section and shall not be grounds for any claim by such generator.
b. 
Enforcement. This section shall be enforced by the Police Department and/or other Municipal Officials of the Township of Belleville or any other municipal personnel as designated by the Township Manager.
c. 
Penalties. Any person(s) who is found to be in violation or fails to comply with the provision(s) of this Ordinance shall, upon conviction, be subject to the following violations and penalties:
1. 
First offense: a fine not exceeding $250.
2. 
Second offense: a fine not exceeding $500.
3. 
Each offense thereafter: a fine of $1,000 and up to 30 days in jail. Such person(s) may also be ordered to perform community service for a period of time not to exceed 240 hours of community service.
[Ord. #2819]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 2472.
[Ord. #2819 § 1]
In accordance with and pursuant to the authority of L. 1988, c.44, (2C:35-7), the Drug-Free School Zone Map, produced on or about February 9, 1999 by Thomas J. Herits, N.J.P.E., P.L.S. Lic. No. 23762, N.J.P.P. Lic. No. 1876, is hereby approved and adopted as an official finding and record of the location and areas within the municipality, of property which is used for school educational 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 the outermost perimeter of such school property.
[Ord. #2819 § 2]
The Drug-Free School Zone Map, approved and adopted pursuant to subsection 3-37.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of the 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 educational purposes, until such time that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and thereby the Drug-Free School Zone pertaining to that particular property. In the event that it is necessary to amend the Drug-Free School Zone Map to reflect any changes to the location and boundaries of school property, the amended map along with an amendment to this section shall be presented to the Council for approval and adoption as set forth in this subsection.
[Ord. #2819 § 3]
The Municipal Board of Education in the case of a public school, or the chief administrative officer in the case of a private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify both, the person(s) responsible for producing the Drug-Free School Zone Map, as set forth in subsection 3-37.1 of this section; 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 which is used for school educational purposes.
[Ord. #2819 § 4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Drug-Free School Zone Map as approved and adopted pursuant to subsection 3-37.1 of this section; and, as amended, approved and adopted pursuant to subsection 3-37.1 of this section. Additionally, the Municipal Clerk is hereby directed to provide at a reasonable cost a certified copy thereof together with a copy of this section to any person, agency or court who may request such copy; except, that the Municipal Clerk shall provide, without cost, such copies as are requested by the County Clerk and the Essex County Prosecutor.
[Ord. #2819 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-37.1 of this section, was prepared and intended to be used as evidence in prosecutions arising under the criminal laws of this State and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality.
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board, as set forth in the attached list which is incorporated into this section as if set forth in full.
3. 
That such school property is and continues to be used for school educational purposes.
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
Pursuant to the provision 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 the use of a map or diagram other than map approved and adopted pursuant to subsection 3-37.1 of this section. The failure of the approved and adopted map to depict the location and boundaries of any property which is, in fact, used for school educational purposes and which is owned by or leased to any elementary or secondary school or school board, for whatever reason, 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 educational purposes.
Drug-Free School Zones Within 1,000 Feet
Designation on Map
#1
School #4
#3
St. Anthony's School
#4
Cerebral Palsy Center & School
#5
School #10
#9
Belleville-Nutley Community Health Center & School
#11
School #7
#12
Belleville High School
#17
School #9
#22
School #8
#23
St. Peter's School
#24
School #5
#25
Belleville Middle School
#26
School #3
#31
Magic Cottage
#32
New Kids
#33
Little School
#34
Sandy Lane
#35
Sunshine Day Care
[Ord. #2596]
[Ord. #2596]
NEIGHBORHOOD RETAIL OUTLET
Shall mean a retail use, limited to the ground floor, which primarily serves a local area, consistent with the provisions of Chapter XXIII of the General Ordinances of the Township of Belleville. Specifically excluded from this definition of neighborhood retail outlets are pharmacies and taverns located within the neighborhood retail zone. Also excluded are neighborhood retail outlets operating within their premises pharmacies or providing pharmacological services. However, said retail outlets shall provide no other services to the public during the hours prescribed in subsection 3-38.2 of this section.
RETAIL STORE
Shall mean an establishment for conducting some form of retail trade, consistent with the provisions of Chapter XXIII of the General Ordinances of the Township of Belleville.
[Ord. #2596]
The hours of the day during which a retail outlet or retail store located within the neighborhood retail districts may open for business are from 5:00 a.m. to 12:00 a.m. midnight. These hours of operation shall not effect the right of such retail establishment to supply, stock or to otherwise service said retail establishment exclusive of services rendered to the general public.
[Ord. #2596]
Any person, firm, or corporation who operates or permits to operate a retail outlet or retail store within the Neighborhood Retail Zone for the general public other than during the hours set forth in subsection 3-38.2 of this section, shall upon conviction thereof, be subject to a fine not to exceed $500 or a term of imprisonment not exceeding 90 days, or both, at the discretion of the judge of the Municipal Court.
[Ord. #2681]
[Ord. #2681 § I]
a. 
Municipal buildings shall mean structures owned and operated by the Township of Belleville and any structure or portion thereof leased by the Township of Belleville for official business of the Township.
b. 
Municipal vehicles shall mean motor vehicles, including but not limited to cars, trucks, and buses registered to or leased by the Township of Belleville.
c. 
Smoking shall mean the lighting, holding or carrying of, or emitting or exhaling the smoke of, a pipe, cigar or cigarette of any kind.
[Ord. #2681 § II]
a. 
Smoking shall be prohibited throughout all municipal buildings and in municipal vehicles.
b. 
Smoking shall be prohibited at all court sessions and at all public meetings.
c. 
Smoking shall be prohibited in all municipal vehicles.
[Ord. #2681 § IV]
a. 
"No Smoking" signs shall be conspicuously posted by the fire inspector at all times at the entrance of all municipal buildings and shall include the International Symbol.
b. 
No person shall remove, deface or conceal any sign posted under the authority of this chapter.
[Ord. #2681 § V]
a. 
Any person violating any provisions of this chapter shall upon conviction thereof, be subject to the following:
1. 
For a first offense, a fine not to exceed $100 and/or imprisonment up to 30 days.
2. 
For a second and subsequent offense, a fine not to exceed $1,000 and/or imprisonment up to 30 days.
3. 
Any municipal employee in violation hereof may upon conviction be subject to additional disciplinary action pursuant to the appropriate State statute, civil service regulation or similar provisions.
[Ord. #2681 § VI]
a. 
Any person may enforce this section by signing a complaint in Municipal Court.
b. 
The supervisor or department head in each municipal building shall be responsible to ensure compliance with this section.
[Ord. No. 3410]
Definitions, as used in this section, the following words shall have the following meanings:
ENCLOSED AREA
Shall mean all areas between a floor and a ceiling, extending to the outer perimeter walls of structure.
MUNICIPAL BUILDINGS
Shall include all structures owned, leased, rented and/or operated by the Township of Belleville, and/or occupied by the Township of Belleville employees and used for official business of the Township of Belleville.
PARKS AND RECREATIONAL FACILITIES
Shall include, but not limited to all public parks, playgrounds, ball field, publicly owned or leased by the Township of Belleville, and all property owned or leased by the Township of Belleville upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to, any parking area, driveway or drive aisle.
SMOKING
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. No. 3410]
a. 
Smoking shall be prohibited in all Municipal Buildings as defined herein. No smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through) shall be clearly, sufficiently and conspicuously posted at each Municipal Building entrance and within each closed area where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contract in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate the violators are subject to a fine.
b. 
Smoking shall be prohibited within a thirty-five foot radius of any entrance or exit of all Municipal Buildings. No smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five foot perimeter of the front entrance of all Municipal Buildings where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which shall also indicate that violators are subject to a fine.
c. 
Smoking shall be prohibited in all public parks and recreation facilities or leased by the Township of Belleville and all property owned or leased by the Township of Belleville upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No smoking signs or the international no-smoking symbol shall be clearly, sufficiently and conspicuously posted in all areas regulated by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
d. 
Smoking shall be prohibited in any vehicle registered to the Township of Belleville.
[Ord. No. 3410]
The enforcement authority of this section shall be the Police Department, Fire Department, Recreation Department, Public Works Department and the Health Department of the Township of Belleville.
[Ord. No. 3410]
Any person who violates any provision of this section shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.
[Ord. #2818]
[Ord. #2818 § 1]
In accordance with and pursuant to the authority of L. 1997, c.327, (2C:35-7.1), the Drug-Free Public Facility Zone Map, Produced on or about February 9, 1999 by Thomas J. Herits, N.J. P.E., P.L.S, Lic. No. 23762, N.J. P.P. Lic. No. 1876, is hereby approved and adopted as an official finding and record of the location and areas within the municipality, of property which is used as: a "public park," owned or controlled by a State, County or local government unit; or, a "public building" consisting of a publicly owned or leased library or museum; and of the areas on or within 500 feet of the outermost perimeter of such property.
[Ord. #2818 § 2]
The Drug-Free Public Facility Zone Map, approved and adopted pursuant to subsection 3-40.1 shall continue to constitute an official finding and record as to the location and boundaries of the areas on or within 500 feet of property which is used as a "public park" or a "public building" until such time that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and thereby the Drug-Free Public Facility Zone pertaining to that particular property. In the event that it is necessary to amend the Drug-Free Public Facility Zone Map to reflect any changes to the location and boundaries of such property, the amended map along with an amendment to this section shall be presented to the Council for approval and adoption as set forth in subsection 3-40.1.
[Ord. #2818 § 3]
The Director of the Belleville Public Works Department is hereby directed and shall have the continuing obligation to promptly notify both the person(s) responsible for producing the Drug-Free Public Facility Zone Map, as set forth in subsection 3-40.1 and the Township Council of any changes or contemplated changes in the location and boundaries of any such property, and whether there is created any "public housing facility" owned by or leased to a local housing authority.
[Ord. #2818 § 4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the Drug-Free Public Facility Zone Map as approved and adopted pursuant to subsection 3-40.1 of this section; and, as amended, approved and adopted pursuant to subsection 3-40.2 of this section. Additionally, the Municipal Clerk is hereby directed to provide at a reasonable cost a certified copy thereof together with a copy of this section to any person, agency or court who may request such copy; except, that the Municipal Clerk shall provide, without cost, such copies as are requested by the County Clerk and the Essex County Prosecutor.
[Ord. #2818 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-40.1 was prepared and 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 "public housing facilities" within the municipality.
2. 
The boundaries of the real property which is owned by or leased to or controlled by the public, as set forth in subsection 3-40.1 and as set forth in the attached list which is incorporated into this section as if set forth in full.
3. 
That such property is and continues to be used for such designated purposes.
4. 
The location and boundaries of areas which are on or within 500 feet of such property.
b. 
Pursuant to the provision of L. 1997, c. 327, 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 the use of a map or diagram other than map approved and adopted pursuant to subsection 3-40.1 of this section. The failure of the approved and adopted map to depict the location and boundaries of any property which is, in fact, used for a "public housing facility", a "public park" or a "public building" and which is owned by or leased to or controlled by the public as set forth in subsection 3-40.1 of this section for whatever reason, shall not be deemed to be an official finding and record that such property is not owned by or leased to or controlled by the public, or that such property is not used for such stated purposes.
[Ord. #3059]
a. 
All persons employed as or seeking employment as superintendents of apartment buildings within the Township, which contain more than 10 units, shall submit to a criminal history record check.
b. 
Such persons shall submit to being fingerprinted in accordance with applicable State and Federal laws.
c. 
The Township shall share the fingerprint data and receive criminal history record information from the State Bureau of Identification in the Division of State Police and Federal Bureau of Investigation.
d. 
The criminal history record background check shall be conducted in accordance with the regulations contained in N.J.S.A. 13:59-1.1 et seq. as well as the following procedures:
1. 
The person shall be fingerprinted by the Township of Belleville Police Department.
2. 
The person shall remit to the Township of Belleville Police Department the appropriate application fee as recited in N.J.A.C. 13:59-1.3, in addition to a service charge of X ($X.00) to reimburse the Township of Belleville Police Department for its expenses in facilitating the criminal history record background check.
3. 
The Township of Belleville Police Department shall submit the person's fingerprint card, along with a cover letter and the appropriate application fee as recited in N.J.A.C. 13:59-1.3, to the State Bureau of Identification, which will perform the criminal history record background check on the person.
4. 
The State Bureau of Identification will then furnish the results to the Township of Belleville Police Department, which will share the results with the person's current or prospective employer for use solely in determining the person's qualifications for employment as a superintendent of an apartment building.
[Ord. #3061 §§ 1 — 4; Ord. #3067]
a. 
It shall be unlawful for any person over the age of 18 to assist, aid, abet, allow, permit, suffer or encourage a student to register or enroll in the Belleville School District where the student is ineligible to attend.
b. 
It shall be unlawful for any person over the age of 18 to knowingly permit his or her name, address or other residence-designating documentation to be utilized in the registration or enrollment of any nonresident student in the Belleville School District.
c. 
Any person violating or failing to comply with the provisions of this section shall, upon conviction thereof, be sentenced to make restitution to the Township of Belleville, Board of Education and pay a fine of not more than $1,250. In determining the amount of restitution, the court shall include the amounts incurred by the Township of Belleville and/or Belleville Board of Education, including but not limited to tuition costs, investigation expenses, and attorney's fees.
d. 
Restitution ordered by the Belleville Municipal Court shall be converted into a lien against property of the offending party.
[Ord. #3074]
[Ord. #3074 § 1]
It shall be unlawful for any person under the legal age to knowingly possess or consume an alcoholic beverage on private property without legal authority.
[Ord. #3074 § 2]
a. 
The consumption or possession of an alcoholic beverage in connection with a religious observance, ceremony or rite or to the consumption or possession of an alcoholic beverage in the presence of and permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. For purposes of this section the term "guardian" is defined as a person who has qualified as a guardian of the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
b. 
The possession of alcoholic beverages by an underage person while actively engaged in the performance of employment by a person or entity licensed under Title 33 of the Revised Statutes or while actively engaged in the preparation of food while enrolled in culinary arts or hotel management program or a County vocational school or post-secondary educational institution.
[Ord. #3074 § 3]
a. 
Upon the conviction of any person for a violation of this section, the court shall impose a fine of $250 for the first offense and $350 for any subsequent offense.
b. 
In addition, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating that the first and last day of the suspension or postponement period imposed sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
c. 
If the person at the time of the imposition of a sentence has a valid driver's license issued by the State of New Jersey, the court shall immediately collect the license and forward same to the Motor Vehicle Commission along with a report required hereunder. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
d. 
The court shall inform the person orally and in writing that if such person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e. 
If a person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit the required report to the Motor Vehicle Commission. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the commission shall give required notice to appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. #3084]
[Ord. #3084 § I]
No person shall repair a motor vehicle, requiring the use of a tool, on any street or highway, except when such emergency repairs as necessary to remove such vehicle from the street or highway. Such emergency repairs shall be made only as close as possible to the right hand edge of the roadway, with the vehicle facing in the direction of the traffic flow.
[Ord. #3084 § II]
A violation of this section shall be punishable by a fine not to exceed $300.
[Ord. No. 3163]
It shall be unlawful, hereafter, for any minor under the age of 17 years to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, roads, playgrounds, public buildings, places of amusement, entertainment or places of business conducted for profit to which the public is invited, and all public or quasipublic places either on foot or in any vehicle within the Township during the following times:
a. 
Sunday through Thursday between the hours of 11:00 p.m. and 6:00 a.m.; and
b. 
Friday and Saturday between the hours of 12:00 midnight and 6:00 a.m.
The provisions of this subsection shall not apply to any such minor when accompanied by his parent or parents, guardian or other adult person having custody, care or control of such minor.
[Ord. No. 3163]
It shall be unlawful for any parent, guardian, or other adult person having custody, care or control of a minor child under the age of 17 years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, roads and other public or quasi-public places within the Township, as set forth in 3-45.1.
[Ord. No. 3163]
If any minor under the age of 17 years should be apprehended for violating the provisions of this section, the assigned Police Officers of the Township shall notify the parents, guardian or other persons having the care, custody or control of such minor of such arrest and may, if deemed advisable, make such further inquiry or take such action concerning the presence of such minor in, on or upon the public or quasi-public places, as aforesaid, as may seem advisable.
[Ord. No. 3163]
The provisions of this section shall not be applicable to any minor under the age of 17 years during the time necessarily required for such minor to travel from: (a) A place of employment at which such minor may be gainfully employed; or (b) A school or place of instruction at which such minor may be in bona fide attendance; or (c) A place at which a function may be held that shall be, or had been sponsored by a religious, school, civic, or other property supervised event or program; or (d) A place at which a bona fide, supervised social meeting, gathering, or assemblage had taken place; or (e) A medical/dental appointment or emergency, to his residence.
[Ord. No. 3163]
Should an emergency arise necessitating a minor child under the age of 17 years to be dispatched upon an errand requiring his presence in, on or upon a street or automobile, or in any public or quasi-public place, as aforesaid, during the curfew hours herein established, he shall have in his possession, a note signed by the parent, guardian or other person having custody, care or control of such minor child under the age of 17 years, stating the nature of the errand, the necessity therefor, the place to which such child is to go, the time such note was issued, and the time required for such errand. The abuse of the provisions of this paragraph shall constitute a violation of the provisions of this section punishable as hereinafter provided.
[Ord. No. 3163]
If it should be established that any minor under the age of 17 years remained idle, loitered, wandered, strolled or remained in, on or upon any of the public streets, highways, roads or other public or quasi-public places within the Township, as above mentioned, in violation of the provisions of this section, then it shall be rebuttably presumed, in the absence of proof to the contrary, that the parent or other adult person having the care, control or custody of such minor knowingly permitted such minor to do so.
[Ord. No. 3163]
The penalties for violation of 3-45.1 through 3-45.6 shall be a fine in an amount of up to $1,000 and performance of community service for up to 30 days. If both a juvenile and the juvenile's parent or guardian violate the provisions of this section, they shall be required to perform community service together.
[Ord. No. 3254]
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 Chapter 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. 
Feed — to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
b. 
Person — any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. 
Wildlife — all animals that are neither human nor domesticated.
[Ord. No. 3254]
a. 
No person shall feed, in any public park or on any other property owned, operated or controlled by the Township of Belleville, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. 3254]
a. 
This section shall be enforced by the Code Officer of the Township of Belleville or his designee and/or the Belleville Police Department.
b. 
In addition to the penalties set forth in subsection 3-46.4, any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 3254]
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 $1,250.
[Ord. No. 3320]
It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery, or other public area within the Township of Belleville, or upon any private property in open view of the -public, or in the halls, rooms without restroom facilities, stairways or elevators of public or commercial buildings or to expose his/her genitals in public view or in an area to which the public is invited or has access. Use of proper lavatory, toilet or similar facility is required.
[Ord. No. 3320]
Any person who violates the provision of this section shall, upon conviction thereof, be punished by a fine of not less than $50 and not to exceed $150 or to a period of community services not to exceed 30 days or both.
[Ord. No. 3432]
The purpose of this section is to prohibit the sale of tobacco to minors. The Township of Belleville recognizes the dangers and health risks associated with teenagers and young persons who start smoking, as set forth in various studies conducted by the United State Department of Health, the American Cancer Society and surveys conducted by other entities. The Township of Belleville has concluded that it is appropriate to prohibit the sale of tobacco and nicotine products within the Township of Belleville to persons under the age of 21.
[Ord. No. 3432]
a. 
No person shall sell tobacco or nicotine delivery products in the Township of Belleville unless an employee of the establishment controls the sale of such products. A person may sell only tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine delivery products shall be prohibited.
b. 
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21 years.
c. 
Tobacco Retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco or nicotine delivery products are displayed and at all check-out counters that proof of age is required to purchase tobacco or nicotine delivery products.
d. 
Any person selling tobacco or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco or nicotine containing products is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk shall sell tobacco or nicotine delivery products to a person less than 21 years of age who has a note or any form of communication from any person, including an adult.
e. 
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Township of Belleville ordinances and State laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Township of Belleville Health Department and the signed original statement shall be filed with the Health Department and a copy shall be kept on file by the tobacco retailer and made available for review by the Township of Belleville Health Department.
[Ord. No. 3432]
As used in this section:
HEALTH OFFICER
Shall mean the Township of Belleville Health Officer and/or his or her authorized representative.
NICOTINE DELIVERY PRODUCT
Shall mean any product that is designed to deliver nicotine or vapor, including, but not limited to, what are commonly known as "e-cigarettes" other types of electronic smoking devices, or any cartridge or other component of such device, or related products including but not limited to any substances used in such devices, such as liquids or powders or other forms of tobacco, but excluding United States Food and drug Administration approved nicotine patches or nicotine chewing gum.
PERSON
Shall mean an individual, partnership, cooperative, association, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
TOBACCO RETAILER
Shall mean any person or entity that operates a store, stand, booth concession, or place at which sales of tobacco or nicotine delivery products are made to purchasers for consumption or use. The term shall mean any person or entity that owns, operates, or uses a tobacco vending machine and/or a tobacco vending machine location as defined herein.
TOBACCO VENDING MACHINE
Shall mean any automated, self-service device which, upon insertion of money, tokens, or other form of payment, dispenses nicotine delivery products, cigarettes, or other tobacco products.
TOBACCO VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.
[Ord. No. 3432]
a. 
The enforcement for this section shall be the Township of Belleville Health Officer or his/her designee.
b. 
The Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary to execute his or her official duties in a manner prescribed by law.
c. 
It shall be unlawful for any person to molest, willfully operate, verbally abuse or otherwise obstruct the Health Officer in his/her enforcement of this section, and the Health officer may request the assistance of the Township of Belleville Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
d. 
Citizens may bring complaints against violators of this section.
[Ord. No. 3432]
a. 
A person who violates the provisions of this section, including any employee of a retail dealer licensee under P.L. 1948, c.65 (C.54:40A-1 et seq.) who actually sells or otherwise provides tobacco products to a person under 21 years of age, shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. Complaint shall be made in the Municipal Court in the Township of Belleville.
b. 
Each sale of tobacco and or nicotine delivery product to any person under the age of 21 shall constitute a separate violation.
c. 
In addition to the penalties set forth in paragraph a above, the Township of Belleville Health Department may suspend the Retail Food Establishment License of any person convicted to violation of this section, for a period of not more that three days, pursuant to the authority of the Township of Belleville Health Department to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).