[1984 Code § 10-1; Ord. No. 889 §§ II, III]
a. When there exists in the Borough a State of Local Disaster or Emergency
which has been brought about by natural causes or by the action of
any person, and such state may cause violence and injury to be inflicted
upon people in the Borough and may cause damage and destruction to
Borough property, both public and private, all being against the health,
safety and welfare of the people of the Borough, then and in that
event the Mayor shall have the authority to declare that a State of
Disaster or Emergency exists, and he shall have the authority and
be empowered to do the following:
1. Issue orders or proclamations regulating the hours during which persons
shall be prohibited from remaining upon the public streets, ways and
places in the Borough.
2. Issue orders or proclamations regulating the hours during which vehicular
traffic shall be prohibited or restricted from traveling over the
Borough streets.
3. Issue orders or proclamations regulating the hours during which all
businesses licensed by the Borough to dispense in any way alcoholic
beverages shall be closed to business.
4. Issue orders or proclamations regulating the hours during which all
sales of gasoline by gasoline service stations in the Borough shall
be closed to business.
b. This authority is conferred upon the Mayor by virtue of N.J.S.A.
40A:60-5.
c. In the event the Mayor of the Borough of Milltown or his designee
shall declare a State of Local Disaster or Emergency to exist, he
shall also be empowered to prohibit vehicular travel over the streets
of the Borough of Milltown.
d. This section shall be enforced by the Police Department.
[1984 Code § 10-2]
The Mayor, upon declaring that a State of Disaster or Emergency
exists, shall advise any newspaper and radio station located in the
area of the Borough and request that the announced State or Disaster
of Emergency be publicized at once.
[1984 Code § 10-3]
After the Mayor has declared that a state of disaster or emergency
exists and has issued an order or proclamation, it shall be unlawful
and a violation of this chapter for any person to be upon the streets,
ways or places in the Borough, to drive vehicles over the streets
in the Borough, to dispense alcoholic beverages or to sell gasoline
at any gasoline service station during the hours prohibited by the
order or proclamation unless otherwise permitted by the Borough.
[Ord. No. 889§ III; Ord. No. 08-1283]
Any person who violates any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Section
1-5.
[1984 Code § 129-1]
As used in this section, all acoustical terms and words shall
have the meanings set forth in the publication of the United States
of America Standards Institute, New York, New York, entitled, "Acoustical
Terminology." All equipment used in making acoustical measurements
shall meet or exceed the requirements set forth in the publication
of the Institute entitled, "Specification for General-Purpose Sound
Level Meters," and all such measurements so made shall be made in
full accordance with the methods and procedures set forth in Methods
for the Physical Measurements of Sound.
[1984 Code § 129-2]
a. Unless exempted under the provisions of this section, no person shall
cause to be made, directly or indirectly, by any means whatsoever,
whether mechanical or not, any sound that:
1. Exceeds by the following measurements on the A-weighting scale of
the sound level meter the sound levels that prevail at the same physical
point of measurement when the sound in question is not being made.
(a)
Ten decibels or more between the hours of 7:00 a.m. and 10:00
p.m.
(b)
Five decibels or more between the hours of 10:00 p.m. and 7:00
a.m.
2. Exceeds the following measurements in the A-weighting scale of the
sound level meter when measured at the physical point at which the
sound in question is alleged to be objectionable.
(a)
Forty-five decibels between the hours of 7:00 a.m. and 10:00
p.m.
(b)
Forty decibels between the hours of 10:00 p.m. and 7:00 a.m.
3. Exceeds the following measurements made at any point within 10 feet
of any lot line of premises from which the sound in question emanates
by means of an acoustical analyzer such as an octave band analyzer
or an analyzer incorporating preferred center frequencies:
Cycles per second or Hertz Sound Pressure Level
|
---|
Frequency Bands
|
Preferred Center Frequencies
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
---|
Under 75
|
63
|
69
|
74
|
75 to 150
|
125
|
54
|
59
|
150 to 300
|
240
|
47
|
52
|
300 to 600
|
500
|
41
|
46
|
600 to 1,200
|
1,000
|
37
|
42
|
1,200 to 2,400
|
2,000
|
34
|
39
|
2,000 to 4,800
|
4,000
|
31
|
36
|
4,800 to 9,600
|
8,000
|
28
|
33
|
b. The measurements described in paragraphs a,1 and a,2 of this subsection
shall be determined by the average of not less than three readings
of the A-weighting scale of the sound level meter taken at intervals
of not less than two minutes.
[1984 Code § 129-3]
Unless exempted under the provisions of this section, no person
shall cause to be made, directly or indirectly, any loud and unnecessary
noise which disturbs, injures or endangers the health, comfort, safety
or welfare of others within the Borough.
[1984 Code § 129-4]
The following specific acts are declared to be loud, disturbing
and unnecessary noises in violation of this section, but such enumeration
shall not be deemed to be exclusive:
a. The sound of any horn or signaling device on any automobile, motorcycle,
bus, truck or other vehicle on any street or public place, except
as a warning pursuant to the provisions of N.J.S.A. 39:3-69, whistle
or other device operated by engine exhaust and the use of any such
signaling device, when traffic is for any reason held up.
b. The use of radio or television receiving sets, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room or vehicle in which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such
set, instrument, phonograph, machine or device between the hours of
10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in
which it is located shall be prima facie evidence of a violation of
this chapter.
c. The use of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising.
d. The keeping of any animal or bird, which, by causing frequent or
long continued noise, shall disturb the comfort or repose of persons
residing in the vicinity.
e. The discharge into the open air of the exhaust of an internal combustion
engine or a motor vehicle, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
f. The creation of a loud and excessive noise in connection with loading
or unloading any vehicle or the opening or destruction of bales, boxes,
crates and containers.
g. The erection, including excavating, demolition, alteration or repair
of any building, other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays, except in case of urgent necessity in the interest
of public health and safety and then only with a permit from the Construction
Official, which permit may be granted for a period not to exceed three
days or less while the emergency continues and which permit may be
renewed for periods of three days or less while the emergency continues.
h. The use of any blower, fan or pump or engine or motor in connection
therewith, including, by way of example and not by way of limitation,
air-conditioning systems, compression devices and pool filter systems,
if such use creates loud, penetrating or continuous noises that disturb
the comfort or repose of persons residing in the vicinity.
[1984 Code § 129-5]
If any person who is not exempted under the provisions of this section shall cause to be made any of the noises prohibited under subsection
3-2.4 and if the noises shall be proved to be in violation of the sound levels prescribed in subsection
3-2.2, the proof shall be sufficient to prove a violation under subsection
3-2.4.
[1984 Code § 129-6; Ord. No. 2015-1417]
The prohibitions contained in this section shall not apply to
persons:
a. Who are engaged in the performance of any public or governmental
function, such as sounding of a church or school bell or a police,
fire, ambulance, air raid or like disaster warning, alert or alarm,
whether such alarm is for an actual emergency purpose or for practice
or drilling purposes.
b. Who are engaged in a religious, charitable, recreational, civic or
political activity by means of a sound truck or other amplifying device
for nonprofit purposes, provided that such persons shall first have
filed with the Chief of Police an application for a permit setting
forth the sponsorship, date, hours and routes of such activity and
the Chief of Police shall have issued a permit after having ascertained
that such activity is not in conflict in terms of hours, route, traffic
volume and like factors with any other previously scheduled activity.
c. Who are engaged in any activity specifically permitted or required
by any ordinance, resolution, statute or governmental regulation.
[1984 Code § 129-7]
Any person who shall violate this section shall, upon conviction, be liable to the penalties stated in Chapter
1, Section
1-5.
[Ord. No. 983 § 1]
Any person shall, within the limits of the Borough, engage in
any of the following activities:
a. Engage in any practice, sport or exercise having a tendency to annoy
or interfere with persons passing on the streets or sidewalks of the
Borough.
b. Loiter, lounge, sleep or create a disturbance on any street, sidewalk
or other public place or in or about any park, public building, school,
store or other business establishment, or utter any loud and offensive
or indecent language or make offensive remarks to any person passing
along, in or upon any such sidewalk, street, park, school, store or
other public place or business establishment.
c. Congregate with others on a sidewalk, street, park, school, store
or other public place or business establishment and refuse to move
when ordered by the police.
d. Obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere
with any other person lawfully upon the streets, parks, public places
or in any automobile, bus or other public or private conveyance lawfully
upon any street.
e. Be intoxicated or drunk or disorderly in any public omnibus, street,
highway, thoroughfare or on any sidewalk or in any public house, home
or in any boardinghouse, store, restaurant or other private, public
or quasi-public place or house to the annoyance of any person.
f. Permit any house, shop, store or other building or structure owned
or occupied by him or her to be used, frequented or resorted to by
noisy, riotous or disorderly persons or by prostitutes, gamblers,
vagrants or common mendicants.
g. Throw or discard any tin cans, paper posters, glass, metal or any
hard or dangerous substance whatsoever upon any public street, sidewalk,
highway or public place.
h. Commit or attempt an assault or an assault and battery either in
a public or private place, or aid or assist or abet any person about
to commit or attempt to commit an assault or an assault and battery.
i. Make or assist in making any riot, noise or disturbance at any house,
shop, theater or other place of amusement.
j. Appear on any street or in any park or other public place or in public
view in a state of nudity, or make any indecent exposure of his or
her person or commit or do any lewd or indecent act or behave in a
lewd or indecent manner.
k. Maliciously destroy, damage or injure any property, public or private.
l. Cause or permit to be emitted any vile, offensive, obnoxious or nauseating
smoke or odor, or any smoke or odor that may be vile, offensive, obnoxious
or nauseating to any of the residents of the Borough.
m. Station himself on the streets or follow pedestrians for the purpose
of soliciting alms, or solicit alms on the streets without lawful
authority.
n. Enter any building or trespass upon lands belonging to the Board
of Education of the Borough of Milltown, or break or injure or deface
such building or any part thereof or the fences or outbuildings belonging
to or connected with such building or lands, or disturb the exercises
of such school or molest or annoy the children attending such school
or any teachers thereof.
o. Hinder or obstruct any officer in the performance of his duties,
or willfully refuse or neglect to assist any officer when lawfully
called upon by him so to do in the execution of any process or in
the suppression of any breach of the peace or disorderly conduct or
in case of any escape or when such officer is resisted in the discharge
of his duty, or knowingly resist or oppose any officers or person
authorized by law in serving or attempting to serve any writ, bill,
order or process or when making any arrest, either with or without
a warrant.
p. Intentionally enter upon or trespass upon the land or property of
any person without permission to do so.
q. Invade the privacy of any person by going upon the private property
of others in stealth and at night for the purpose of "peeping" through
windows, doors or other openings, thereby engaging in conduct associated
with what is commonly known as a "Peeping Tom."
r. Upon apprehension, be unable to give a good account of himself or
be engaged in an illegal occupation and be in the Borough of Milltown
for an unlawful purpose. In any prosecution under this section, the
fact that the person apprehended cannot give a good account of himself
or is engaged in an illegal occupation shall be prima facie evidence
that he is present in the Borough for an unlawful purpose.
s. Accost or approach any person of the opposite sex unknown to such
person by word, sign, or gesture attempt to speak or to become acquainted
with such person against his or her will, upon a public street or
other public place in this Borough, except in the transaction of legitimate
business.
t. Attempt to entice or procure a person of the opposite sex to commit
an unlawful act, or accost or approach any person and by work, sign
or gesture suggest or invite the doing of any indecent or unnatural
act.
u. Any person, while operating a motor vehicle on any street or highway
in the Borough who knowingly flees or attempts to elude any police
or law enforcement officer after having received any signal from such
officer to being the vehicle to a full stop is a disorderly person.
v. No person under the age of 17 years shall be permitted to be on the
streets and/or public areas of the Borough after 8:00 p.m. on October
30 or 9:00 p.m. on October 31 of each year unless accompanied by a
parent or guardian.
w. At intersections where traffic is directed by a Police Officer or
traffic signal, no pedestrian shall enter upon or cross the highway
at a point other than a crosswalk. Pedestrians shall move, whenever
practicable, upon the right half of crosswalks.
x. Where traffic is not controlled and directed either by a Police Officer
or a traffic control signal, pedestrians shall cross the roadway within
a crosswalk or, in the absence of a crosswalk, and where not otherwise
prohibited, at right angles to the roadway. It shall be unlawful for
a pedestrian to cross any highway having roadways separated by a medial
barrier, except where provision is made for pedestrian crossing. On
all highways where there are not sidewalks or paths provided for pedestrian
use, pedestrians shall, when practicable, walk only on the extreme
left side of the roadway or its shoulder facing approaching traffic.
Where sidewalks are provided, it shall be unlawful for any pedestrian
to walk along an upon an adjacent roadway.
[Ord. No. 983 § 2]
a. All other riotous, indecent or disorderly conduct, breach of the
peace and vagrancy not hereinabove specifically mentioned are hereby
prohibited.
b. The term "person," as used in this section shall, wherever appropriate
in connection with the context, include "individual," "firm," "corporation,"
"partnership," "association," "company" or "organization" of any kind
and shall include the plural. The masculine pronoun shall include
the feminine.
[Ord. No. 983 § 3; Ord. No. 08-1283]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[1984 Code § 39-16; Ord. No. 605; Ord. No. 1061 § I]
a. Prohibited Activity. It shall be unlawful for any person to consume
or offer to another for consumption any alcoholic beverage in or upon
any public street, sidewalk, railroad, right-of-way, parking lot which
is generally open to the public, outdoor facility owned or operated
by the Milltown Board of Education, park, shopping plaza or upon any
place to which the public at large is generally invited.
b. Exception. Customers or unlicensed restaurants, as defined in N.J.S.A.
33:1-1, may be permitted by the restaurant to bring their own wine
or beer.
[1984 Code § 39-17; Ord. No. 1061 § II]
a. Prohibited Activity. It shall be unlawful for any person to possess
any alcoholic beverage in or upon any public street, sidewalk, railroad
right-of-way, parking lot which is open to the public, outdoor facility
owned or operated by the Milltown Board of Education, park, shopping
plaza or upon any place to which the public at large is generally
invited, unless the same is contained within a sealed or closed container.
b. Exception. Customers of unlicensed restaurants, as defined in N.J.S.A.
33:1-1, may be permitted by the restaurant to bring their own wine
or beer.
[1984 Code § 39-18]
No person shall consume or offer to another for consumption
any alcoholic beverage in the Borough of Milltown while in or upon
any motor vehicle or bicycle on any of the public streets, sidewalks,
parking lots which are open, any of the roadways, passways, playgrounds,
outdoor facilities owned or operated by the Milltown Board of Education,
parks, shopping plazas or other thoroughfare open to general vehicular
traffic in the Borough.
[1984 Code § 39-19]
The provisions of this section shall not apply to the possession
or consumption of alcoholic beverages pursuant to a special permit
issued by the Borough Council when the person possessing or consuming
an alcoholic beverage is doing so in accordance with the terms and
conditions of the permit and at the location authorized by the permit.
[1984 Code § 39-20]
Nothing herein contained shall be construed to prohibit the
consumption, possession or sale of alcoholic beverages on premises
which are duly licensed, pursuant to a retail consumption, retail
distribution, retail transit, wholesale or club license issued by
the Borough Council or by the Division of Alcoholic Beverage Control
of the State of New Jersey.
[1984 Code § 39-23;Ord. No. 08-1283]
Any person who violates any of the provisions of this section or who fails to comply with any of the provisions contained herein shall be subject, upon conviction, to the penalties stated in Chapter
1, Section
1-5.
[Ord. No. 760 § 111.1]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean all waste material which, if thrown or deposited
as herein prohibited tends to create a danger to public health, safety
and welfare.
PARK
Shall mean a park, reservation, recreation center or any
other area in the Borough owned and used by the Borough and devoted
to active or passive recreation.
PERSON
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Shall mean any dwelling, house, building or other structure
used either wholly or in any part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging to or appurtenant to such dwelling house, building
or other structure.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevard, parking
areas open to the public and alleys, any and all public parks, squares,
grounds, spaces and public buildings.
REFUSE
Shall mean all putrescible and nonputrescible solid waste,
except body wastes, including ashes, street cleaning, dead animals,
abandoned automobiles, other abandoned personal property and solid
market and industrial wastes.
RUBBISH
Shall mean a non-putrescible solid wastes consisting of both
combustible and noncombustible wastes, such as circulars, leaflets,
pamphlets, wrappers, handbills, newspapers and all and any other printed
material, cigarettes, cardboard, tin cans, yard clippings, leaves,
wood glass and other like materials.
[Ord. No. 760 § 111.2]
No person shall throw or deposit litter or garbage in or upon
any street, sidewalk or other public place within the Borough except
in public receptacles, in authorized private receptacles for collection
or in official Borough dumps.
[Ord. No. 760 § 111.3]
No person shall throw or deposit litter or garbage in any park
within the Borough except in public receptacles and in such a manner
that the litter or garbage will be prevented from being carried or
deposited by the elements upon any part of the park or upon any street
or other public place. Where public receptacles are not provided,
all such litter or garbage shall be carried away from the park by
the person responsible for its presence and properly disposed of elsewhere.
[Ord. No. 760 § 111.4]
No person shall throw or deposit litter or garbage in any fountain,
pond, lake, stream bay or any other body of water in a park or elsewhere
within the Borough.
[Ord. No. 760 § 111.5]
No person shall throw, deposit or store litter or garbage on
any occupied private property within the Borough whether owned by
such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for collection
and removal of same in such manner that the litter or garbage shall
not be unsightly and detrimental to the surrounding neighborhood.
[Ord. No. 760 § 111.6]
No person shall throw or deposit litter or garbage on any open
or vacant private property within the Borough, whether owned by such
person or not.
[Ord. No. 760 § 111.7]
The owner or person in control of any private property shall
at all times maintain the premises free of litter or garbage; provided,
however, that this section shall not prohibit the storage of litter
in authorized private receptacles for collection.
[Ord. No. 760 § 111.8]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough any waste materials, litter, garbage, or rubbish, as defined in subsection
3-5.1, but such person shall keep the sidewalk in front of his business premises free of litter. All persons operating filling stations or other mercantile establishments where commodities are sold between any curb area of the Borough and the office building or equipment from which such commodities are dispensed shall maintain at all times covered receptacles into which all waste materials, litter, garbage, and rubbish may be deposited by customers, employees or other persons.
[Ord. No. 760 § 111.9]
Persons placing litter, garbage, refuse, or rubbish in public
receptacles or in authorized private receptacles shall do so in such
a manner as to prevent it from being carried or deposited by the elements
upon any streets, sidewalks or other public place.
It shall be unlawful for any person to tamper with or to take or remove any of the contents from any public or private receptacle containing garbage, refuse, rubbish, junk or any other waste material which has been placed or deposited along any public highway, street, lane or alleyway for collection by the Borough or any of its agents or servants, and any person who violates the purpose and intent of this section shall be subject to the penalties set forth and established in subsection
3-5.20.
[Ord. No. 760 § 111.11]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[Ord. No. 760 § 111.12]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load or contents of litter from being blown or deposited
upon any street, alley or other public place. Nor shall any person
drive or move any vehicle or truck within the Borough, the wheels
or tires of which carry or deposit in any street, alley or other public
place any mud, dirt, sticky substance or foreign matter of any kind.
[Ord. No. 760 § 111.13]
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
Borough.
[Ord. No. 760 § 111.14]
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
[Ord. No. 760 §§ 111.15,
111.16]
a. Distribution in Public Places. No person shall throw or deposit any
commercial or noncommercial handbill, newspaper, paper, periodical,
magazine, circular, card or pamphlet in or upon any sidewalk, street
or other public place within the Borough, nor shall any person hand
out or distribute or sell any commercial handbill, newspaper, paper,
periodical, magazine, circular, card or pamphlet in any public place,
provided, however, that it shall not be unlawful on any sidewalk,
street or other public place within the Borough for any person to
hand out or distribute, without charge to the receiver thereof, any
noncommercial handbill, newspaper, paper, periodical, magazine, circular,
card or pamphlet to any person willing to accept it.
b. Distribution at Private Premises; Exemptions.
1. No person shall throw, deposit or distribute any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or
pamphlet in or upon private premises which are inhabited except by
handling or transmitting any such material directly to the owner,
occupant or other person then present in or upon such private premises;
provided, however, that in case of inhabited private premises which
are not posted as provided in this section, such person, unless requested
by anyone upon such premises not to do so, shall have the authority
to place or deposit any such handbill, newspaper, paper, periodical,
magazine, circular, card or pamphlet in or upon such inhabited private
premises if such material is placed or deposited securely to prevent
it from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be used
when so prohibited by Federal Postal Law or regulations.
2. The provisions of this section shall not apply to the distribution
of mail by the United States.
[Ord. No. 760 § 111.17]
No person shall throw or deposit any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or
pamphlet in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Ord. No. 760 § 111.18]
No person shall throw or deposit any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or
pamphlet in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a noncommercial handbill,
newspaper, paper, periodical, magazine, circular, card or pamphlet
to any occupant of a vehicle who is willing to accept it.
[Ord. No. 760 § 111.19; Ord. No. 07-1259 § 111.19 [B]]
a. No person shall throw, deposit or distribute any commercial or noncommercial
handbill, newspaper, paper, periodical, magazine, circular, card or
pamphlet upon any private premises if requested by anyone thereon
not to do so or if there is placed on such premises in a conspicuous
position near the entrance thereof a sign bearing the words "No Trespassing,"
"No Peddlers or Agents," "No Advertisement" or any similar notice
indicating in any manner that the occupants of such premises do not
desire to be molested or have their right of privacy disturbed or
to have any such material left upon such premises.
b. Do Not Drop List.
1. There is hereby established a Do Not Drop List of residents of the
Borough of Milltown.
2. Residents who wish to have the Borough assist them in limiting the
place of delivery of unsolicited circulars may do so by completing
a form, to be established by the Municipal Clerk's Office and
returning said form to the Municipal Clerk's Office.
3. The Municipal Clerk's Office shall advise the distributors of
unsolicited circulars that the resident does not wish to receive the
unsolicited circular unless it is placed within 10 feet of the front
entrance of the resident's home (the "Permitted Drop Zone") by
posting the list on the Borough's website and providing copies
upon written request.
4. It shall be unlawful for any person or organization to deliver unsolicited
circulars outside of the Permitted Drop Zone to any resident on the
"Do Not Drop List."
[Ord. No. 760 § 111.20]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
shade tree or upon any public structure or building, except as may
be authorized by the owners thereof or required by law.
[Ord. No. 760 § 111.21]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each violation shall be considered a separate offense.
[1984 Code § 116-1]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location and
shall include the concepts of spending time idly, loafing or walking
about aimlessly and shall also include the colloquial expression "hanging
around."
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
any court or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall
include any street, highway, road, alley, boardwalk or sidewalk. It
shall also include the front or the neighborhood of any store, shop,
restaurant, tavern or other place of business and public grounds,
areas, parks and marinas, as well as parking lots or other vacant
private property not owned by or under the control of the person charged
with violating this section or, in the case of a minor, not owned
or under the control of his parent or guardian.
[1984 Code § 116-2]
No person shall loiter in a public place in such a manner as
to:
a. Create or cause to be created a danger of a breach of the peace.
b. Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c. Obstruct the free passage of pedestrians or vehicles.
d. Obstruct, molest or interfere with any person lawfully in any public place as defined in subsection
3-6.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
[1984 Code § 116-3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection
3-6.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1984 Code § 116-4; Ord. No. 2015-1417]
a. No parent or guardian of an unemancipated minor under the age of
18 years shall knowingly permit that minor to loiter in violation
of this section.
b. Whenever any unemancipated minor under the age of 18 years is charged
with a violation of this section, his parent or guardian shall be
notified of this fact by the Chief of Police or any other person designated
by him to give such notice.
c. If, at any time within 30 days following the giving of notice as
provided in paragraph b., the minor to whom such notice relates again
violates this section, it shall be presumed, in the absence of evidence
to the contrary, that the minor did so with the knowledge and permission
of this parent or guardian.
[1984 Code § 116-5; Ord. No. 08-1283]
Any person who violates any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[1984 Code § 178-1]
As used in this section:
PERSON
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
PROPERTY
Shall mean any real property within the Borough which is
not a street or highway.
STREET OR HIGHWAY
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
VEHICLE
Shall mean a machine propelled by power, other than human
power, designed to travel along the ground by use of wheels, treads,
runners or slides and transport persons or property or pull machinery
and shall include, without limitation, automobiles, trucks, trailers,
motorcycles, tractors, buggies and wagons.
[1984 Code § 178-2]
a. No person shall abandon any vehicle within the Borough and no person
shall leave any vehicle at any place within the Borough for such time
and under such circumstances as to cause such vehicle to reasonably
appear to have been abandoned.
b. No person shall leave any partially dismantled, nonoperating, wrecked
or junked vehicle on any street or highway within the Borough.
[1984 Code § 178-3]
No person in charge or control of any property within the Borough,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, nonoperating, wrecked, junked or discarded
vehicles to remain on such property longer than 30 days, and no person
shall leave any such vehicle on any property within the Borough for
a longer time than 30 days, except that this section shall not apply
with regard to a vehicle in an enclosed building, a vehicle on the
premises of a business enterprises operated in a lawful place and
manner, when necessary to the operation of such business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
[1984 Code § 178-4; Ord. No. 627; Ord. No. 2015-1417]
a. The Chief of Police, or any member of the Police Department designated
by him, is hereby authorized to remove or have removed any vehicle
left at any place within the Borough which reasonably appears to be
in violation of this section or lost, stolen or unclaimed. Such vehicle
shall be impounded until lawfully claimed or disposed of in accordance
with applicable Statutes.
b. The Chief of Police, or any member of the Police Department acting
for him, shall notify the registered and legal owner in writing by
personal service or by certified mail, at the last known address of
the owner, of the removal of such vehicle and the reason for the same
and the location of the vehicle.
c. Such vehicle shall be retained and impounded until the owner, or
his duly authorized agent, shall have paid the cost of such taking
and removal, together with a garage charge as designate by resolution
of the Borough Council for each and every day such vehicle is retained
and impounded.
[1984 Code § 178-5; Ord. No. 606]
a. No person in charge or control of any property within the Borough,
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, nonoperating, wrecked, junked or discarded
vehicle to remain on the property longer than 48 hours; and no person
shall leave any such vehicle on any property within the Borough for
a longer time than 48 hours; except that this section shall not apply
to a vehicle in an enclosed building.
b. Vehicles on the premises of an existing business enterprise operated
in a lawful place and manner, when necessary to it's operation
for the purpose of a vehicle service station, motor vehicle or auto
body repair garage, shall be limited to the number of vehicles kept
and/or stored overnight, out-of-doors on the premises as follows:
1. No more than six vehicles shall be permitted to be kept and/or stored
overnight in an out-of-doors unfenced area at any one time, except
that vehicles without current motor vehicle registration, partially
dismantled vehicles and vehicles with exterior damage will not be
permitted to be kept and/or stored in an unfenced area at any time.
2. A vehicle on the premises for a period in excess of the 10 days permitted
in paragraph b,1 above, a vehicle without current motor vehicle registration,
partially dismantled vehicles and vehicles with exterior damage may
be stored on the premises for a period not to exceed 90 days only
when kept and/or stored in an area on the premises completely surrounded
by a fence. The fence shall be at least six feet in height, provided
with a gate or gates and aisles for ingress and egress. The fence
is to be of a type that will obscure the view through the fence.
3. Each vehicle received where out-of-doors, overnight storage is contemplated
shall be logged as to the date received and identification of the
vehicle. A service tag on each vehicle containing such information
shall satisfy this requirement.
[1984 Code § 178-6; Ord. No. 08-1283]
Any person who violates any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 722 § 1]
No person who operates a store, newsstand, booth, concession,
or similar business with unimpeded access for persons under 18 years
of age or who is in business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs,
shall display or permit to be displayed at his business premises any
obscene material at a height of less than five feet or without a blinder
or other covering placed or printed on the material displayed. The
public display of the obscene material shall constitute presumptive
evidence that the retailer knowingly made or permitted this display.
[Ord. No. 722 § 1]
For the purpose of this section, "obscene material" shall mean
any description, narrative account, display or depiction of sexual
activity or anatomical area contained in, or consisting of, a picture
or other representation, publication, sound recording, live performance
or film, which by means of posing, composition, format, or animated
sensual details:
a. Depict or describe in a patently offensive way, ultimate sexual acts,
normal or perverted, actual or simulated, masturbation, excretory
functions, or lewd exhibition of genitals.
b. Lacks serious literary, artistic, political, or scientific value
when taken as a whole.
c. Is a part of a work, which to the average person applying contemporary
community standards, has dominant theme taken as a whole, which appeals
to the prurient interest.
[Ord. No. 722 § 2]
Any person who violates the provisions of this section shall
be charged with a petty disorderly persons offense.
[Ord. No. 914 § 2]
As used in this chapter:
GOVERNMENT BUILDINGS
Shall mean and include the Municipal Building located at
39 Washington Avenue, Milltown, New Jersey, and used for the official
business of the Borough of Milltown.
MILLTOWN PUBLIC LIBRARY
Shall mean the building located on West Church Street and
known as The Milltown Public Library.
SENIOR CITIZEN CENTER
Shall mean the building located on Violet Terrace in the
Borough of Milltown known as the Milltown Senior Citizens Center.
SMOKING
Shall mean the burning of a lit cigar, cigarette, pipe of
any other matter or substance which contains tobacco.
[Ord. No. 914 § 3; Ord. No. 1052]
Smoking is prohibited in all areas within government buildings
at all times.
[Ord. No. 914 § 4]
a. "No Smoking" signs shall be conspicuously posted at all governmental
buildings.
b. No person shall remove, deface or conceal any sign required or erected
by or under the authority of this section.
[Ord. No. 914 § 5]
Any person violating any provision of this chapter shall, upon
conviction, be subject to a maximum fine of not more than $25.
[Ord. No. 913, Preamble]
The State of New Jersey has banned the sale or furnishing of
cigarettes or tobacco in any form to minors pursuant to N.J.S.A. 2A:170-51.1
et seq. The Mayor and Borough Council have had difficulty in preventing
the sale of cigarettes to minors. The Borough is authorized to enact
ordinances under its police power not contrary to the laws of this
State or the United States as it may deem necessary and proper for
the protection of persons and for the preservation of the public health,
safety and welfare of the municipality and its inhabitants.
[Ord. No. 913 § 2]
a. It shall be unlawful to sell tobacco to a person under 18 years of
age.
b. The following six inch by eight inch sign shall be posted in a conspicuous
place near each cash register in all retail establishments which sell
tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers
to sell a tobacco product to a person under 18 years of age may be
prosecuted in accordance with State and local ordinances.
[Ord. No. 913 § 3]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without requesting and examining
identification from the purchaser positively establishing the purchaser's
age as 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
[Ord. No. 913 § 4]
All self-service cigarette displays are made unlawful by the
terms of this section and shall be removed within 30 days from the
effective date of this section.
[Ord. No. 913 § 5]
a. Unattended Machines Prohibited. No cigarette vending machines shall
be placed on any premises, public or private, within the Borough unless
the owner or lessee of such a machine provides, in writing, to the
Borough for each individual cigarette vending machines the names and
business addresses of a person or persons who shall serve as attendant
and deputy attendant for that machine. More than one attendant and/or
deputy attendant may be appointed in reference to a single cigarette
vending machine, provided that the owner or leasee states the time
periods when each of two or more attendants and/or deputy attendants
for a single cigarette vending machine shall be the attendant or deputy
attendant on duty and thus responsible for compliance with this section.
b. Responsibilities of Attendant. The attendant and, in his stead, the
deputy attendant shall be responsible for the penalties and fees which
may, upon conviction, be imposed for violations of this section. Nothing
in this section shall prohibit the employer of an attendant from paying
penalties imposed under this section, but payment by the employer
shall not be required.
c. Qualifications and Duties of Attendant. The attendant shall:
1. Be at least 18 years of age or more, as certified by the Borough
Health Officer by birth certificate or driver's license only.
2. Be responsible for placing and maintaining the cigarette vending
machine at a site not more than 50 feet from his normal place of transacting
business which shall include but not be limited to a cash register,
check-out counter, bar or place for the consumption or sale of liquor,
desk, office, bathroom or lounge area.
3. Have a clear unobstructed line of sight between his normal place
of transacting business and the location of the cigarette vending
machine.
4. Be responsible to make those cigarette vending machines for which
he is responsible inoperable during any time when the public has access
to these machines but for any reason the attendant or deputy attendants
are not available to attend the machines.
5. Be an employee or agent of the firm, corporation, partnership or
entity having possessory interest, including but not limited to leaseholds,
in the premises where the cigarette vending machine is located.
6. Be deemed to be in violation of this section if he permits a person
who is 17 years of age or less to purchase a product from a cigarette
vending machine.
[Ord. No. 913 § 6]
Any person, firm, or corporation who shall violate any of the
provisions of this section shall, upon conviction, be punished by
a fine of not less than $50 not more than $250 and each violation
of any of the provisions of this section and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.
[1984 Code 65-1]
The Mayor and Council find that certain preparations or medicines
containing ethyl alcohol, antihistamines, dextro-methorphan, phenobarbital
or its salts, ephedrine or it salts or belladonna or any of its alkaloids,
all of which are herein termed "nonprescription drugs," or any combination
thereof are or may be dangerous or injurious to the health of purchasers,
particularly minors, so as to require the regulation of nonprescription
drugs.
[1984 Code 65-2]
No person shall offer for sale any preparation or medicine containing
ethyl alcohol, antihistamines, dextro-methorphan, phenobarbital or
its salts, ephedrine or its salts or belladonna or any of its alkaloids,
all of which are nonprescription drugs, on an open-counter or self-service
purchase.
[1984 Code 65-3]
No person shall sell to any person under the age of 18 years any preparation or medicine containing more than 2% alcohol by volume or any of the drugs specified in subsection
3-16.1 provided, however, that the establishment of the following facts by the person making the sale shall constitute a defense for any prosecution therefor:
a. The minor falsely represented in writing that he was 18 years of
age or over.
b. The appearance of the minor was such that an ordinary prudent person
or agent would believe him to be 18 years of age or over.
c. The sale was made in good faith relying upon such written representation
and appearance and reasonable belief that the minor was actually 18
years of age or over.
[1984 Code 65-4]
Any person who violates any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 749 § 1]
In accordance with the pursuant to the authority of N.J.S.A.
2C:35-7, the Drug-Free School Zone Map produced on or about December,
1987 by John H. Allgair, P.C.L.S. Municipal Engineer, is hereby approved
and adopted as an official finding and record of the location and
areas within the Borough of property which is used for school purposes
and which is owned by or leased to any elementary or secondary school
or school board, and of the areas on or within 1,000 feet of such
school property.
[Ord. No. 749 § 2]
The Drug-Free School Zone Map approved and adopted pursuant
to this section shall continue to constitute an official finding and
record as to the location and boundaries of areas on or within 1,000
feet of property owned by or leased to any elementary or secondary
school or School Board which is used for school purposes until such
time if any that this section shall be amended to reflect any additions
or deletions with respect to the location and boundaries of school
property and Drug-Free School Zones.
[Ord. No. 749 § 3]
The School Board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or School Board and which is
used for school purposes.
[Ord. No. 749 § 4]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection
3-17.1, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the Office of the Middlesex County Prosecutor.
[Ord. No. 749 § 5]
The following additional matters are herby determined, declared,
recited and stated:
a. It is understood that the map approved and adopted pursuant to subsection
3-17.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. The location of elementary and secondary schools within the Municipality;
2. The boundaries of the real property which is owned by or leased to
such schools or a school board;
3. That such school property is and continues to be used for school
purposes; and
4. The location and boundaries of areas which are on or within 1,000
feet of such school property.
b. All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or School Board
and was being used for school purposes as of July 9, 1987, that being
the effective date of N.J.S.A. 2C:35-7.
c. Pursuant to the provisions of L. 1988, c.44, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection
3-17.1. The failure of the map approved herein to depict the location and boundaries of any property which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official findings and record that such property is not owned by or leased to a school or School Board, or that such property is not used for school purposes.
d. All of the requirements set forth in L. 1988, c. 44 concerning the
preparation, approval and adoption of a Drug-Free School Zone Map
have been compiled with.
[Ord. No. 756 § 2]
It shall be the purpose of this section to reduce the opportunity
for robbery, theft, assaults and other criminal activity that occur
at all-night filling stations, and also to ensure the peace, quiet
and comfort of neighborhoods abutting residential and commercial zones
in the Borough by eliminating traffic, lights, noise and activity
during the hours of 12:00 midnight to 6:00 a.m. prevailing time, and
further to otherwise protect the peace, safety and welfare of the
residents of the Borough.
[Ord. No. 756 § 3]
As used in this section:
AUTOMOBILE SERVICE STATION OR GASOLINE STATION
Shall mean any building or place of business where gasoline,
fuel, oil and grease, batteries, tires or automobile accessories are
supplied and dispensed directly to members of the public in automobiles,
or where minor repair service is rendered to automobiles.
[Ord. No. 756 § 4]
No automobile service or gasoline station shall open or engage
in business operations involving the sale or dispensing of fuel, oil,
goods or services of any nature during the hours of 12:00 midnight
to 6:00 a.m. the following morning in the Borough of Milltown excluding
herefrom any towing service(s) rendered pursuant to request of the
Milltown Police Department.
[Ord. No. 756 § 5]
Any persons, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Each day upon which any such violation shall occur shall be deemed a separate offense.
[Ord. No. 1089-00 § 1]
As used in this section:
MOTORIZED SCOOTER
Shall mean a scooter that is propelled by a small motor located
on the vehicle.
ROLLER SKATES
Shall mean a pair of devices worn on the feet with a set
of wheels attached, regardless of the number or placement of those
wheels, and used to glide or propel the use over the ground.
SCOOTER
Shall mean a vehicle that typically has two or more wheels
with a low footboard between them, is steered by a handle bar, and
is used to glide or propel the user across the ground.
SKATEBOARD
Shall mean a vehicle that typically has two or more wheels
attached to a low footboard and is used to glide or propel the user
across the ground.
[Ord. No. 1089-00 § 2]
No person under the age of 14 may operate or ride on a motorized
scooter, roller skates, scooter or skateboard unless that person is
wearing a properly fitted and fastened helmet which meets the standards
of the American National Standards Institute (ANSI Z90.4 bicycle helmet
standard) or the Snell Memorial Foundation's 1990 Standard for
Protective Headgear for use in Bicycling.
[Ord. No. 1089-00 § 3]
a. Every person operating any motorized scooter, roller skates, scooter
or skateboard upon a roadway shall ride as near to the right side
of the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction; provided,
however, that any person may move to the left under any of the following
situations:
1. To make a left turn from a left-turn lane or pocket;
2. To avoid debris, drains or other hazardous conditions that make it
impracticable to ride at the right side of the roadway;
3. To pass a slower moving vehicle;
4. To occupy any available lane when traveling at the same speed as
other traffic.
5. To travel no more than two abreast when traffic is not impeded.
b. Persons operating any motorized scooters, roller skates, scooters
or skateboards upon a roadway may travel nor more than two abreast
when traffic is not impeded, but otherwise shall ride in single file,
except on paths or parts of roadways set aside for the exclusive use
of bicycles, roller skates or skateboards.
[Ord. No. 1089-00 § 4]
a. A person who violates subsection
3-19.2 by failing to wear an approved helmet shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $100 for a subsequent offense. The penalties provided under the provisions of this subsection for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred. All moneys collected as fines under this section shall be deposited in the "Bicycle and Skating Safety Fund," pursuant to N.J.S.A. 39:4-10.2.
b. Any person violating subsection
3-19.3 shall, upon conviction, shall be fined a minimum of $50 and a maximum of $250 per offense, as determined in the discretion of the Judge of the Municipal Court.
[Ord. No. 01-1101]
a. Joyce Kilmer School. No person shall operate or cause to be operated
any rollerskates, rollerblades, scooters, skateboards or bicycles
upon the sidewalks, curbs, school steps, parking area or any paved
area of the Board of Education property located at West Church Street,
commonly known as Joyce Kilmer School within the Borough of Milltown.
b. Penalty. Any person violating the provisions of this subsection shall,
upon conviction, be punished by a fine not to exceed $500.
[Ord. No. 06-1232, Preamble]
The Lawrence Brook runs through the Borough of Milltown; and
serves as a secondary source of potable water for the City of New
Brunswick Water Utility. The City of New Brunswick Water Utility is
the sole supplier of water to the Borough of Milltown; and the Borough
Council believes that it is important to protect all sources of potable
water.
[Ord. No. 06-1232 § I]
The use of any boat that is equipped with a gas or diesel powered
engine or containers used to store fuel for such engines is prohibited
on any waterway within the Borough so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 06-1232 § II]
As used in this section:
CONTAINERS
Shall mean any type of container that is or has been used
for the storage of gasoline, diesel fuel or any other type of fuel
used to operate an engine.
PERSON
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 06-1232 § III]
a. No person shall use or operate or permit to be used or operated upon
any waterway within the Borough any motorboat or boat or conveyance
equipped with a gas or diesel powered engine.
b. No person shall use or operate or permit to be used or operated upon
any waterway within the Borough any motorboat or boat or conveyance
that has containers on board that are or were used for the storage
of fuel used to operate a gas or diesel engine.
[Ord. No. 06-1232 § IV]
a. This section shall be enforced by the Milltown Police Department
and/or the Code Enforcement Officer.
b. Any person found to be in violation of this section shall be ordered
to remove the boat or conveyance immediately from the waterway.
[Ord. No. 06-1232 § V;Ord. No. 08-1283]
Any person(s) who is found to be in violation of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 08-1278 § I]
The following definitions shall apply:
GUARDIAN
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean an underaged person's grandparent, aunt or
uncle, sibling or any other person related by blood or by affinity.
[Ord. No. 08-1278 § I]
It is hereby unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property within the Borough.
[Ord. No. 08-1278 § I]
Any person found guilty of violating the terms of this section
may be subject to the following penalties:
a. First Offense. Twenty-four hours of community service;
b. Second Offense. Forty hours of community service and $100 fine;
c. Third Offense and Subsequent Offenses. Eighty hours of community
service, a $500 fine, and suspension or postponement for three months
of the driving privileges of the violator, in accordance with and
in the manner provided in P.L. 2000, Chapter 33.
If a person at the time of the imposition of such sentence for
a third or subsequent offense 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. If a person at
the time of the imposition of such sentence under this section has
a valid driver's license issued by this State, the court shall
immediately collect the license and forward same to the State Motor
Vehicle Commission along with the Certified Disposition Sheet.
[Ord. No. 08-1278 § I]
a. This section shall not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
b. This section shall not prohibit the possession of alcoholic beverages
by any person under the legal age while such person is lawfully engaged
in the performance of employment by a person who is licensed under
Title 33 of the New Jersey Revised Statutes, or while actively engaged
in the preparation of food while enrolled in a culinary arts or hotel
management program at a County vocational school or post-secondary
educational institution; however this section shall not be construed
to preclude the imposition of a penalty under this section, N.J.S.A.
33:1-81, or under any other section of existing ordinance or law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 10-1322; Ord. No. 11-1323]
This section is enacted as a measure to safeguard the residents
of the Borough of Milltown and to protect their property.
[Ord. No. 10-1322; Ord. No. 11-1323]
No person or persons shall at any time fire or discharge or
cause to be fired or discharged any pistol, shotgun, rifle or other
firearm within the limits of the Borough of Milltown.
[Ord. No. 10-1322; Ord. No. 11-1323]
a. Nothing in this section shall prohibit the use of firearms by police
officers in the discharge of their duties or the use of firearms for
the protection of life, person or property or where otherwise allowed
by law.
b. The discharging of firearms for ceremonial purposes, such as, but
not limited to, parades, flag retirement ceremonies, funerals, where
permission was granted by the Chief of Police or appropriated committee
formed for 4th of July parade in the Borough of Milltown.
[Ord. No. 10-1322; Ord. No. 11-1323]
Any person(s) who is found to be in violation of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter
1, Section
1-5.