[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; amended 1-26-2021 by Ord. No. 3606]
As used in this section 3-3, the following terms shall be defined as indicated.
Shall mean waste designated by the Essex County Solid Waste
Management Plan as eligible to be delivered for processing to a disposal
facility.
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.
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.
Shall mean aluminum and tin or tin-plated steel food and
beverage containers, including those for fruits, vegetables, juices
and pet food.
Shall mean:
Household furniture and furnishings, including mattresses, box
springs, storm windows, screens, household doors, wooden cabinets
and ceramic bathroom fixtures;
Empty latex paint cans;
Ashes;
Rolled carpets, of maximum length of four feet;
Scrap lumber, tied in bundles not exceeding four feet in length
or 50 pounds in weight;
Lawn and garden debris, in containers or bundles as outlined
in the definition set forth in this section.
Reserved.
[Deleted 1-26-2021 by Ord. No. 3606]
Other NJDEP Type 13 refuse such as appliances.
[Amended 1-26-2021 by Ord. No. 3606]
Shall mean the location of waste containers on collection
day.
Shall mean a generator of designated collected solid waste
to whom service is provided by the Township.
Shall mean wholesale, retail, service or manufacturing establishments,
including but not limited to restaurants, markets, offices, retail
and wholesale outlets, industrial establishments and theaters.
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.
Shall include but not be limited to waste building material
and rubble resulting from construction, remodeling, repair and demolition
operations on houses, commercial buildings, pavements and other structures
including, but not limited to, treated and untreated wood, scrap,
brush, bricks and other masonry; plaster and wallboard, roofing materials,
corrugated cardboard and miscellaneous paper, ferrous and non-ferrous
metal, non-asbestos building installation and plastic scrap.
[Added 1-26-2021 by Ord.
No. 3606]
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.
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.
Shall mean the area adjoining the curbline of streets, from
the curb itself away from the street for a distance of three feet.
Shall mean the carcasses of domestic and wild animals of
every kind and description weighing not more than 100 pounds.
Shall mean scrap metal that is magnetic and rusts such as
structural steel or cast iron components.
Shall mean putrescible culinary waste, including any accumulation
of animal, fruit or vegetable matter that attends the preparation,
use, cooking, or storage of food.
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.
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.
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.
Shall mean any location classified as Class 4B in the records
of the tax assessor of the Township of Belleville.
Shall mean churches synagogues, colleges, schools, municipal
or municipally supported bodies, not-for-profit organizations and
the like.
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.
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.
Shall mean the types that contain lead and lead oxide with
the sulfuric acid electrolyte producing a voltage.
Shall mean foliage material naturally formed from trees and
bushes that are suitable for composting and mulching.
Shall mean the Belleville Times, the Belleville Post and
the Star Ledger.
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.
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.
Shall mean such medical waste and/or infectious waste as
defined in N.J.A.C. 7:26-3A.
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.
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.
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.)
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.
Shall mean paper products that include the type distributed
either daily or weekly, including magazines.
Shall mean items for which the Township does not accept the
responsibility for collection or disposal, including without limitation
the following:
Shall mean only those containers, such as beverages containers
and laundry product container, that have the Resin identification
code 01 (PET) or 02 (HDEP).
Shall mean any location owned by either the Township of Belleville
or by the Belleville Board of Education.
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 50 pounds when placed for collection; or, in the alternative,
plastic bags shall be securely closed; not more than 18 inches in
diameter and 26 inches high, and not more than 35 gallons in capacity,
weighing not more than 50 pounds, and with sufficient strength to
maintain physical integrity when lifted. Paper bags and cardboard
boxes are not suitable as receptacles.
[Amended 1-26-2021 by Ord. No. 3606]
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.
Shall mean those items including newsprint, mixed paper,
glass, metal and plastic containers and corrugated containers.
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. Any refrigerator that is placed for collection shall have
its door removed before being placed for collection.
[Amended 1-26-2021 by Ord. No. 3606]
Shall mean leaves and grass clippings incidental to the accumulation
of leaves.
Shall mean used motor oil and lead acid batteries (vehicle
batteries)
Shall mean chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons
(HCFCs) commonly used as refrigerants in automobiles and home appliances,
such as refrigerators, freezers, air conditioners and dehumidifiers.
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.
Shall mean homes, condominiums, townhouses and other dwelling
units not defined as multi-family, commercial or institutional sources.
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.
Shall mean NJDEP waste types 10 and 13, but including recyclable
materials, hazardous waste, or solid animal and vegetable wastes collected
by swine producers.
Shall mean all public highways, avenues, streets, lanes,
boulevards and public places within the limits of the Township of
Belleville.
Shall mean any waste crank case oil from periodic maintenance
of internal combustion engines.
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; amended 1-26-2021 by Ord. No. 3606]
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 the 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 second 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; amended 1-26-2021 by Ord. No. 3606]
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 on Wednesdays from each of the five zones
established by the Township. The boundaries of the zones and the days
designated for the collection for 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.
[Amended 1-26-2021 by Ord. No. 3606]
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; amended 1-26-2021 by Ord. No. 3606]
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. Collection of recyclable materials (Group 2)
shall be collected from all eligible locations within the Township
by appointment only.
[Amended 1-26-2021 by Ord. No. 3606]
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; amended 1-26-2021 by Ord. No. 3606]
Any person, firm or organization found guilty of violating a
provision of this Chapter shall, upon conviction, forfeit and pay
a fine not to exceed $1,000, for a first offense or second offense.
For a third offense and any subsequent offenses, a person, firm or
organization shall be subject to one or more of the following: a minimum
fine of $250 but not to exceed $1,500, a term of imprisonment not
exceeding 90 days or a period of community service not exceeding 90
days.
[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]
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.
[Amended in entirety 9-10-2019 by Ord. No. 3543. Prior history includes
Ordinance Nos. 705, 761, 1015, 1609, 2241, and 3252]
[Amended 9-10-2019 by Ord. No. 3543]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
Any dismantling, destruction or removal of buildings, structures
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary to deliver essential public
services, including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging navigational
waterways, or abating life-threatening conditions.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound-dissipative devise or system
for abating the sound of escaping gasses on equipment where such a
device is part of the normal configuration of the equipment.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities;
or a municipality with a Department-approved noise control ordinance
and the employee has received noise enforcement training and is currently
certified in noise enforcement. The employee must be acting within
his or her designated jurisdiction and must be authorized to issue
a summons in order to be considered a noise control officer.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the detection of the rhythmic bass component
of the music is sufficient to verify plainly audible sound. The noise
control officer need not determine the title, specific words, or the
artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased
or controlled by a governmental entity.
Either: (a) the imaginary line including its vertical extension
that separates one parcel of real property from another; (b) the vertical
and horizontal boundaries of a dwelling unit that is part of a multidwelling-unit
building; or (c) on a multi-use property, the interface between the
two portions of the property on which different categories of activity
are being performed (e.g., if the multi-use property is a building
which is residential upstairs and commercial downstairs, then the
real property line would be the interface between the residential
area and the commercial area).
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[Amended 9-10-2019 by Ord. No. 3543]
a.
This section applies to sound from the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Amended 9-10-2019 by Ord. No. 3543]
a.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and
b.
Whereas a substantial body of science and technology exists by which
excessive sound may be substantially abated; and
c.
Whereas the people have a right to, and should be ensured of, an
environment free from excessive sound; and
d.
Now therefore, it is the policy of the Township of Belleville to
prevent excessive sound that may jeopardize the health, welfare, or
safety of the citizens or degrade the quality of life.
e.
This chapter shall apply to the control of sound originating from
sources within the Township of Belleville.
[Amended 9-10-2019 by Ord. No. 3543]
a.
The provisions of this section shall be enforced by noise control
officers. A person shall be qualified to be a noise control officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-1.2-11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey, or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
b.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in subsection 3-5.5b and c of this regulation and with the definition of "real property line" as contained herein.
c.
Noise control officers shall have the power to:
1.
Coordinate the noise control activities of all departments in the
Township of Belleville and cooperate with all other public bodies
and agencies to the extent practicable;
2.
Review the actions of the Township of Belleville and advise of the
effect, if any, of such actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section;
4.
Investigate and pursue possible violations of this chapter for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with subsection 3-5.7;
5.
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
[Amended 9-10-2019 by Ord. No. 3543]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-5.2a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in paragraph b below.
b.
When measuring total sound or residual sound with a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2-9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
c.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a residential
unit of the same building) or multidwelling-unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multidwelling-unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
d.
Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal
or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive
sound which occurs less than four times in any hour shall not equal
or exceed 80 decibels. Impulsive sound which repeats four or more
times in any hour shall be measured as impulsive sound and shall meet
the requirements as shown in Table I.
|
Table I
Maximum Permissible A-Weighted Sound Levels
| ||||
|---|---|---|---|---|
|
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in subsection 3-5.2a above in such a manner as to create a sound level that equal or exceeds the sound levels listed below.
| ||||
|
1. Outdoors.
| ||||
|
Receiving Property Category:
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, nonresidential
portion of a multi-use property, or community service facility
| ||
|
Time:
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
|
Maximum A-Weighted Sound Level Standard, dB:
|
65
|
50
|
65
| |
|
2. Indoors.
| ||||
|
Receiving Property Category:
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility* or nonresidential portion of a multi-use
property
| ||
|
Time:
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
| |
|
Maximum A-Weighted Sound Level Standard, dB:
|
55
|
40
|
55
| |
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
|
Table II
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| |||||||
|---|---|---|---|---|---|---|---|
|
1.
|
No person shall cause, suffer, allow or permit the operation of any source of sound on any source property listed in subsection 3-5.2a above in such a manner as to create a sound pressure level that equal or exceeds the sound levels listed below in one or more octave bands.
| ||||||
|
2.
|
When octave measurements are made, the sound from the source
must be constant in level and character. If octave band sound pressure
level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
| ||||||
|
Receiving Property Category:
|
Residential property, or residential portion of a multi-use
property
Outdoors
|
Residential property, or residential portion of a multi-use
property
Indoors
|
Commercial facility, public service facility, nonresidential
portion of a multi-use property, or community service facility
Outdoors
|
Commercial facility* or nonresidential portion of a multi-use
property
Indoors
| |||
|
Time:
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
24 hours
|
24 hours
| |
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
|
Octave Band Sound Pressure Level
(dB)
| |||
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
| |
|
63
|
82
|
71
|
72
|
61
|
82
|
72
| |
|
125
|
74
|
61
|
64
|
51
|
74
|
64
| |
|
250
|
67
|
53
|
57
|
43
|
67
|
57
| |
|
500
|
63
|
48
|
53
|
38
|
63
|
53
| |
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
| |
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
| |
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
| |
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
| |
|
*
|
In those instances when a commercial facility shares a common
wall/ceiling/floor with another commercial facility that is producing
the sound.
|
[Amended 9-10-2019 by Ord. No. 3543]
a.
Exemptions.
b.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
1.
Power tools and landscaping and yard maintenance equipment, excluding
emergency work, shall not be operated within the Township between
the hours of 6:00 p.m. and 8:00 a.m. on weekdays, except that such
equipment may be used by an occupant or owner of the premises between
8:00 a.m. and 9:00 p.m. on weekdays. On Saturdays, power tools and
landscaping and yard maintenance equipment shall not be operated between
6:00 p.m. and 9:00 a.m., except that such equipment may be used by
an occupant or owner of the premises between 9:00 a.m. and 8:00 p.m.
on Saturdays. On Sundays and federal holidays, power tools and landscaping
and yard maintenance equipment shall not be operated, except that
such equipment may be used by an occupant or owner of the premises
between 9:00 a.m. and 6:00 p.m. Gas-powered equipment used in these
articles shall be operated with a muffler.
2.
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal
holidays, unless such activities can meet the limits set forth in
Tables I and II. All motorized equipment used in construction and
demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities.
3.
Motorized snowblowers, snow throwers, and lawn equipment with attached
snowplows shall be operated at all times with a muffler.
4.
An exterior burglar alarm of a building or motor vehicle must be
activated in such a manner that the burglar alarm terminates its operation
within five minutes for continuous airborne sound and 15 minutes for
impulsive sound after it has been activated.
5.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such manner that is plainly audible
at a residential property line between the hours 10:00 p.m. and 8:00
a.m.
6.
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.
7.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m. sound from such equipment shall not be plainly audible
by any person other than the operator.
[Amended 9-10-2019 by Ord. No. 3543]
a.
Violation of any provision of this chapter shall be cause for an
enforcement document to be issued to the violator by the noise control
officer according to procedures set forth at N.J.A.C. 7:29-1.6. The
recipient of an enforcement document shall be entitled to a hearing
in municipal court having jurisdiction to contest such action.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than $3,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate, and distinct offense.
c.
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]
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; amended in entirety 9-11-2018 by Ord. No. 3501]
[Amended 9-11-2018 by Ord. No. 3501]
No person shall place upon or attach to any public property,
including any tree, telegraph, telephone or electric light pole, traffic
sign, traffic signal, public telephone, park bench, playground equipment,
bridge, public building or structure, or upon any of the streets within
the Township any handbill, advertisement or written, printed or partly
written or printed notice of any kind, except such notices as by law
are required to be posted.
[Amended 9-11-2018 by Ord. No. 3501]
a.
It shall be unlawful for any person to deliver or deposit, or for any person, firm or corporation to cause the delivery or deposit, of any unsolicited handbill, advertisement or written, printed or partly written or printed notice of any kind to or upon any private premises within the Township except in accordance with the terms hereof and upon obtaining a license pursuant to § 4-10. For the purposes of this section, "unsolicited" shall mean the printed matter which has not been ordered, subscribed to or requested by the recipient.
b.
Such unsolicited printed matter shall be placed only within a permanently
installed appurtenance to the premises designed and designated for
the receipt of such printed matter or, if there is none or if it is
not accessible, within a three-foot radius of the primary entrance
to the premises.
c.
All unsolicited printed matter shall include the name and address
of a person responsible for its circulation to whom may be addressed
or written notice by any recipient indicating the recipient's
desire to cease future delivery of the printed matter.
d.
There shall be no intentional delivery whatsoever of any such unsolicited
printed matter to any premises after the owner or tenant of such premises
has notified the publisher or the delivery person, by certified mail,
return receipt requested, at the address so indicated, or in the manner
indicated on the unsolicited printed matter, that the recipient desires
the delivery to cease or be suspended for a stated period of time.
For the purpose of condominiums or other common properties, notification
must come from the individual unit owner or tenant.
[Amended 9-11-2018 by Ord. No. 3501]
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.
[Amended 9-11-2018 by Ord. No. 3501]
Any person, firm or corporation convicted of a violation of
any provision of this section shall be subject to a penalty not to
exceed $500 and/or imprisonment of a term not exceeding 90 days or
both.
[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]
[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.
[Added 8-8-2017 by Ord. No. 3478]
Parking in Township parking lots is prohibited between 10:00
p.m. and 6:00 a.m.
[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; amended 9-11-2018 by Ord. No. 3504]
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 third, fourth, fifth,
sixth, and seventh parking spaces. The third parking space is restricted
to reserve parking for the Township Attorney. The fourth parking space
is restricted to reserve parking for the Construction Code Official.
The fifth parking space is restricted to reserve parking for the Court
Administrator. The sixth parking space is restricted to reserve parking
for the Tax Collector. The seventh parking space is restricted to
reserve parking for the Health Director.
[Amended 9-11-2018 by Ord. No. 3504 | |
|
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.
GRAFFITI
Definition. As used in this subsection, the following terms shall
have the meaning indicated:
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]
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:
Means a Person or Persons designated by the Chief of Police
to administer the provisions of this section.
Means the legal contract or agreement by and between the
Alarm Installation Company and/or Monitoring Company and the Alarm
User.
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.
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").
Means authorization granted by the Alarm Administrator to
an Alarm User to operate an Alarm System.
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.
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.
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.
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.
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.
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.
Means a device that controls an Alarm System.
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.
Means an alarm intended to identify the presence of an intruder
in either a business or residence.
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.
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.
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.
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.
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.
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.
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.
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.
Means the Chief of Police or other authorized representative
of a Law Enforcement Agency.
Means an unmonitored Alarm System that annunciates an alarm
only at the Alarm Site.
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.
Means a Person in the business of providing Monitoring services.
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.
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.
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.
Means an individual, corporation, partnership, association,
organization or similar entity.
Means the Belleville Police Department. Fire or Fire Department
means the Belleville Fire Department.
Means a telephone line serving the Townships Public Safety
building that is solely designated to receive emergency calls.
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.
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.
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".
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".
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.
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.
See Verify.
Means a site that has not complied with the registration
requirements as defined in the alarm section.
Means an attempt by the Monitoring Company to determine the
validity of an alarm signal prior to initiating an Alarm Dispatch
Request.
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:
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:
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:
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.
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:
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:
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]
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:
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:
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.
LITTER
LITTER RECEPTACLE
PERSON
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.
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.
Shall mean a container suitable for the depositing of litter.
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; amended 4-23-2019 by Ord. No. 3533A]
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; or (e) which leaks an excessive
amount of engine oil, radiator fluid, transmission fluid, power steering
fluid, gasoline or any other hazardous fluid. .
[Added 4-23-2019 by Ord. No. 3533A]
Whenever any member of the Police Department, finds any motor vehicle, trailer or semi-trailer parked on any public street or highway of the Township, in violation of the above § 3-36.7, or on any public property described in subsection 3-1.2, such member of the Police Department, shall move or secure its removal to such garage as may be designated by the Police Chief or his designee, to 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 the storage fees for the vehicle.
Whenever any vehicle is impounded as provided in this subsection,
the Police Chief or his designee, 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. #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:
[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]
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.
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]
[Ord. #2681 § IV]
[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]
[Ord. No. 3410]
Definitions, as used in this section, the following words shall
have the following meanings:
Shall mean all areas between a floor and a ceiling, extending
to the outer perimeter walls of structure.
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.
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.
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; amended 11-12-2019 by Ord. No.
3558]
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. The
signs shall be clearly visible to the public and shall contain letters
or a symbol which contrast in color with the sign, indicating that
smoking is prohibited therein. The sign may also indicate the violators
are subject to a fine.
b.
Smoking shall be prohibited within 25 feet of outside public entrances
or exits of all Municipal Buildings.
c.
Smoking shall be prohibited in all public parks and recreation facilities
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 or gather for recreational activities,
including all areas adjacent to such facilities, including but not
limited to any parking area, driveway or drive aisle. 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 may 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.
[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:
Shall mean the Township of Belleville Health Officer and/or
his or her authorized representative.
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.
Shall mean an individual, partnership, cooperative, association,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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.
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.
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.
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).
