[1]
Editor's Note: this section was originally adopted by Ord. #396.
[Ord. #590; 1976 Code § 120-1]
As used in this chapter:
LITTER
Shall mean and include any refuse, garbage, rubbish, paper, wrappings, cans, leaves, wood, glass or any other substance or material which might affect the health and welfare of the public harmfully or render the streets or public places unsightly.
[Ord. #590; 1976 Code § 120-2]
No person shall throw, put or place, or cause to be thrown, put or placed, into, upon or within any street, public place, parking lot open to the public or public building any substance, matter or thing whatsoever whereby the safe, free or unobstructed use of the same by the public may be in anywise impeded or interfered with or whereby the same may be rendered unsightly in appearance. Nothing in this subsection shall prohibit the deposit of any such material in any public or private receptacles approved by the Township Council for such purpose. Nothing in this subsection shall be construed to prohibit construction, repair or maintenance equipment, materials or machinery from being utilized on a street, public place, parking lot or public building.
[Ord. #590; 1976 Code § 120-3]
No person shall sweep into or deposit in or on any sidewalk, gutter, street or other public place in the Township any 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 from litter.
[Ord. #590; 1976 Code § 120-4]
No person shall put, deposit or have any litter or other material and equipment in or upon any private property whereby such private property may be rendered unsightly in appearance or detrimental to the health, safety and welfare of the public.
[Ord. #590; 1976 Code § 120-5]
No person shall place or cause to be placed any receptacle for refuse or garbage outside of any commercial building unless an enclosure is provided for storage.
[Ord. #590; 1976 Code § 120-6]
No person shall drive or move any truck or other vehicle in the Township unless the vehicle is so constructed, covered or loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place. No person shall drive or move any vehicle or truck in the Township if the wheels or tires of the vehicle carry onto or deposit in any street, alley or other public place any mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. #590; 1976 Code § 120-7]
No person shall interfere with any employee of the Department of Public Works or any municipally authorized person in the sweeping or cleaning of any street or in the removal of sweepings, ashes, garbage, rubbish, snow, ice or other refuse material.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
The definitions contained in Subsection 2-17.9a are incorporated herein by reference.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
The Fire Chief or his duly authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Chief may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Chief.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or to interfere with the compliance attempts of another individual.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alley-way, private drive or any other vehicular roadway without the consent of the Fire Chief in command of the operation.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Chief or a Police Officer.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm or returning from an alarm of fire or emergency or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
A person shall not without proper authorization from the Fire Chief in charge of the Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board, or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon, or to manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing, on, or a part of, any Fire Department emergency vehicle.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New]
It shall be unlawful for any person to damage or deface, or attempt, or conspire to damage or deface any Fire Department emergency vehicle at any time, or to injure, or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; New; Ord. #1019, § I; Ord. #1185, § I]
a. 
Designated Fire Zones and/or Fire Lanes.
1. 
Designated fire zones and/or fire lanes shall be maintained free of all obstructions and motor vehicles at all times. It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict access to any fire zone/lane, fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire zones/lanes, fire hydrants, and fire department connections that are located on public or private property, streets or access lanes. No person shall park any vehicle or otherwise cause any obstruction within 10 feet on either side of a fire hydrant.
2. 
The Township of Mahwah Police Department shall be the enforcing authority for the regulations established by Subsection a above.
3. 
For purposes of this subsection the following areas are designated as fire zones:
Township of Mahwah
Fire Lanes and Fire Zones
Address
Block
Lot
1.
115 Franklin Turnpike (A&P Complex)
Donald Nuckel
70
44, 45, 46, 47, 48, 49
2.
79 Franklin Turnpike (Weather Seal)
John Belanus
70
34
3.
380 Franklin Turnpike (Treasure Island)
Kettler Realty Corp.
102
31
4.
180 Franklin Turnpike (Mechanics Bldg.)
Dr. Mayer Mechanic
71
10
5.
27-33 Franklin Turnpike (Arzee Supply)
Alvin Roth
69
4
6.
55 Franklin Turnpike (Mahwah Ford Sales)
Oberle Realty Co.
70
3
7.
17 Franklin Turnpike (Shortline)
Hudson Trans
69
1
8.
45 Franklin Turnpike (Shortline)
Hudson Trans
70
1
9.
99 Franklin Turnpike (Mahwah Honda)
C. Fincher c/o Auto Consultants
70
43
10.
141 Franklin Turnpike (Midlantic Bank)
Midlantic National Bank
70
46
11.
360 Franklin Turnpike (The Mall & Starview)
Franklin Associates
102
28
12.
417-477 Franklin Turnpike (Ramapo Gardens)
Ramapo Gardens Associates
113
1
13.
440 Franklin Turnpike (Faberge)
Faberge
110
7
14.
405 Franklin Turnpike (Rolling Hills)
Rolling Gardens Associates
105
83
15.
194 Franklin Turnpike
Graham Enterprises
71
21
16.
330 Franklin Turnpike (Cable T.V.)
Raia/Franklin Associates
102
26
17.
370 Franklin Turnpike (Alloy & Stainless)
North Brunswick Co.
102
30
18.
221 Franklin Turnpike (Municipal Bldg.)
Township of Mahwah
83
21
19.
333 Route 17 North (Ramsey Controls)
Ramsey Controls
63
8
20.
101 Route 17 North
Suburban Propane
26
7
21.
195 Route 17 North (Alpak Inc.)
Erwin Elbert
53
19, 20, 21
22.
319 Route 17 North (Hudson Fabricating)
W. S. Dubose
63
9
23.
320 Route 17 South (Troll)
Troll Associates
137
2
24.
420 Route 17 South (Frost King)
Dim Associates/Therwell Prop.
137
7
25.
270 Route 17 South (Ridgewood Plumbing)
M.J.S. Associates
136
4
26.
180 Route 17 South (Ramada Inn)
Tri State Motels
132
9
27.
386 Route 17 South (Sony Corp.)
Mahwah 17 Limited
137
5
28.
300 Route 17 South (Commerce Center)
Jolin Realty
137
1
29.
200 Route 17 South (Marron Bldg.)
Berkshire Realty
132
11
30.
Route 17 North (Leisure Line)
Leisure Time Tours
26
3
31.
16 McKee Drive (Danfoss)
Fidelity
65
1
32.
31 McKee Drive (E.R.S. Storage)
Marvin Schechter
64
6
33.
82 McKee Drive (Western Union)
Fidelity
64
2,3
34.
90, 91, 85 McKee Drive (Western Union)
Fidelity
64
8, 9, 11
35.
43 McKee Drive (Folsom)
Folsom Corporation
64
7
36.
10 Industrial Avenue (Ramco Corporation)
Mahwah Tech. Limited Partnership
110.01
8
37.
14 Industrial Avenue (Sunoo)
Sunoo Company, Inc.
110.01
10
38.
18 Industrial Avenue (Rockland Industrial)
Rockland Tool c/o Rockland Industrial
110
1
39.
19 Industrial Avenue (Twist Drill)
19 Mahwah Associates
102
33
40.
30 Industrial Avenue (Lyman Corbin)
Lymant T. Corbin Co., Inc.
110
2
41.
31 Industrial Avenue (Quality Pro. Dis)
Vonhalle Millard F.
102
32
42.
46 Industrial Avenue
Henry Branch & D. Schwarz
110
3
43.
100 Bellgrove Drive (Lindvale Apartments)
Lindvale Gardens Limited Complex
105
82
44.
Route 202 & North Railroad Avenue (Abex)
Abex Corporation
41
1, 9
45.
219 Ramapo Valley Road (Mason Jar)
Robert Belisonzi
132
2, 3
46.
209 Ramapo Valley Road (The Mark)
M & L Equities Incorporated
132
4
47.
Ramapo Valley Road (H&K Transmissions)
John Rusman
53
1, 2, 3
48.
Ramapo Valley Road (Group Dental)
Ramapo River Associates
15
8
49.
20 Ridge Road & West Ramapo (Inserra)
Inserra Supermarkets
135
42, 43
50.
East Crescent Avenue Carlough Prop. Inc.
127
1, 3, 4, 7
51.
550 Pulis Avenue (Borgerts)
Bogerts Ranch Estates
162
255
52.
100 Corporate Drive (Troll)
Marvin Schecter
136
6
53.
575 Corporate Drive (Federal Express)
137
10, 11, 12, 13, 14
54.
200 Corporate Drive (Kasper Inc)
Marvin Schecter
136
7
55.
300 Corporate Drive (Troll)
Marvin Schecter
136
8
56.
400 Corporate Drive (Troll)
E.R.S. - Troll
136
9
57.
500 Corporate Drive (Baker-Linen)
H.W. Baker Linen Company
136
10
58.
675 Corporate Drive Joseph Morris
137
11
59.
750 Corporate Drive (E.R.S.)
Allan V. Rose
136
11
60.
800 Corporate Drive
Allan V. Rose
136
12
61.
475 Corporate Drive
Allan V. Rose
137
3
62.
900 Corporate Drive (Trodyne)
Trodyne Corporation
136
13
63.
1000 Corporate Drive
Hattori Corporation of America
64.
1000 Wyckoff Avenue (HHB)
Yenemwelt c/o Dormane Wilson
173
135
65.
5 Leighton Place
Joseph Murphy
181
5
66.
6 Leighton Place (F.K.A. Inc)
Schiffler Realty
173
137
67.
7 Leighton Place
Mahwah Realty Associates
181
4
68.
10 Leighton Place (Racquet Club)
North Jersey Racquetball
173
138
69.
11 Leighton Place (Barn)
Leighton Industrial Park
181
2
70.
12 Leighton Place
H & G Associates, Inc.
173
139
71.
14 Leighton Place (MHEW Inter.)
H & E Associates, Inc.
173
140
72.
126 Christie Avenue
Theo. Tiedelmann and Sons Inc.
70
23,24
73.
15 Whitney Road (Lenta Company)
Leneta Company Inc.
173
150
74.
20 Whitney Road
MH & W International Corp.
173
142
75.
25 Whitney Road (Schuler Sales)
Schuler Sales
173
149
76.
35 Whitney Road (Colonial Offices)
Tam E. Associates/Fagan Inc.
173
148
77.
40 Whitney Road (Jaygo)
A & S Assoc. c/o Jaygo Co.
173
144
78.
45 Whitney Road (Lithopress)
Richard Geoffaron
173
147
79.
43 Island Road (I.M.M.H.C.)
Church of Immaculate Heart of Mary
47
59
80.
211 Island Road (Bennett Brothers)
Bennett Real Estate
64
1
81.
301 Island Road (Kenlon Pet)
Meyer Lang
64
12
82.
Ridge Road (Schools)
Mahwah Board of Education
135
41,53,54
83.
Foxwood Lane (Elks)
Mahwah B.P.O.E.
70
17
84.
1 Lethbrige Plaza
Mahwah 83 Associates c/o Poole Jr.
63
6
85.
Lethbrige Plaza & Island Road (E.R.S.)
Mahwah 83 Associates c/o Poole Jr.
63
7
86.
100 Lydia Land (Ramapo Ridge Pool)
Ramapo Ridge Recreation Association
135
56
87.
960 MacArthur Blvd. (Dial America)
Bergen Prop.
135
61.01
88.
1595 MacArthur Blvd. (Yurasak Corp.)
McKee Borthers c/o Botany Assoc.
137
8
89.
MacArthur Blvd. (Stelron Corp.)
MacArthur Blvd. Associates
137
9
90.
111 MacArthur Blvd. (Pulsar)
Hattori Corporation of America
136
15
91.
1000 MacArthur Blvd. (Old I.B.M.)
Ramapo Ridge McBride
135
64
92.
1300 MacArthur Blvd. (Laura Ashley)
Laura Ashley
139
3
93.
997 MacArthur Blvd. (Paulist Press)
Missionary Society - St. Paul
135
59
94.
933 MacArthur Blvd. (Meldisco)
Mahwah New Jersey Associates
135
60
95.
10 Sharp Plaza (Sharp)
Sharp Electronics
26
1
96.
International Crossroads Rt. 17 N.
J.D. Construction - High Rise
26
2
97.
505 Ramapo Valley Road
State of New Jersey Department of Higher Education
18
3
98.
Chapel Greens - Eakens Court, Krinsky Court, Fromm Court, Konight Court, Must Maintain Emergency Access Paths to Court Yard.
99.
Lakeview Drive (Draft Site)
Township of Mahwah Lake Opening Off Stag Hill Road
8
2,3
100.
Miller Road (Fire Co. #1)
Township of Mahwah Also Portion of Miller Road Designated as a Fire Zone
83
28
101.
60 Island Road (Fire Co. #2)
Township of Mahwah Also Portion of Island Road Designated as a Fire Zone
56
1
102.
Rozanski Lane (Fire Co. #3)
Township of Mahwah Also Portions of Masonicus Road Designated as a Fire Zone
123
17.01
103.
50-52 Fardale Avenue (Fire and Amb. Co. #4)
Township of Mahwah Also Portions of Fardale Avenue Designated as a Fire Zone
162
204
104.
258 Franklin Turnpike (Ambulance Co. #1)
Township of Mahwah Also Portion of Franklin Turnpike Designated as an Emergency Zone
92
17
105.
Stag Hill Road (Fire Co. #5)
Township of Mahwah
12
37
Also Portions of Stag Hill Road Designated as a Fire Zone
9
37
106.
Not permitted to block and/or park by any fire hydrant public or private at anytime within the boundaries of the Township of Mahwah
107.
Not permitted to block and/or park by any fire suppression system connections on private or public property within the boundaries of the Township of Mahwah.
108.
1 Miller Road
Corner of Miller Road and Scherer Place and along Scherer Place. Must remain open at all times as per only road opening to emergency responders
71
13, 14, 15
109.
Society Hill Phase, I, II, III South of MacArthur Boulevard and East of Ridge Road
139
110.
Ridge Gardens Condominiums Phase I, II, III East of Ridge Road off Mark Twain Way
139
111.
Bergen County Housing Authority of Ramapo Brae off Stagg Hill Road
13
14, 14.1, 14.2 - 14.3, 14.4
112.
555 MacArthur Boulevard
135
61.02
113.
340 MacArthur Boulevard
135.01
61.04
114.
55 Whitney Road
173
146
115.
3 Industrial Avenue
110.02
2
116.
Paddington Square Condo Association
109
117.
Apple Ridge Country Club 269 East Crescent Avenue
127
7
118.
Marriott Hotel
140 Route 17 South
129
2
119.
Comfort Inn
132
8
120.
Mahwah Post Office
East Ramapo Avenue
82
1
121.
Commodore Perry School
East Ramapo Avenue Including recreation parking lot near tennis courts
57
1
122.
Betsy Ross School
85
17, 21
123.
Board of Education All schools Ridge Road
135
41, 44, 53, 54, 56
124.
Public Library
Ridge Road on above Board of Education property
135
1,2
125.
Temple Beth Haverim
280 Ramapo Valley Road
133
54.01
126.
Platinum Office Park
Wyckoff Avenue
181
5/6
127.
Franklin Crossing Condominium Development
70
15.01
128.
3 Industrial Avenue
110.02
2
129.
10 Industrial Avenue
110.01
8
130.
14 Industrial Avenue
110.01
10
131.
Franklin Heights Condominium Development
70
19, 21, 50
b. 
If in the opinion of the Fire Chief/Official, the obstructions or encroachments pose an immediate danger to public safety, the Fire Chief/Official shall proceed to remove the same and any cost incurred in the performance of any necessary work shall be paid from the municipal treasury on certificate of the Fire Chief/Official and with the approval of the Chief Administrative Official and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the Fire Chief/Official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging, or making necessary repairs, or when permitted by the fire official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or re-installed as soon as the purpose for which it was removed has been accomplished. Defective and non-approved fire appliances or equipment shall be replaced or repaired as directed by the Fire Chief/Official.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the fire underwriters, or which is not in proper working order, or the contents of which do not meet the requirements of the fire underwriters. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk and said units are permanently disfigured or marked with permanent sign identifying the unit as junk.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
A person shall not erect, construct, place, or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the municipality. The word street as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
No person or persons shall willfully or maliciously, in any way, turn in or cause to be turned in any false alarm.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9]
Any person violating any of the provisions of § 3-2 shall be subject to the penalties set forth in § 1-5 of this Code.
[Ord. #1235, § I]
a. 
Definitions.
EXPENDABLE ITEMS
Shall mean any items used to extinguish or prevent any hazardous material fire, stop or contain any release involving any hazardous material, which cannot be reused or cannot be replenished without cost after a particular incident. These expendable items include, but are not limited to fire fighting foam, chemical extinguishing agents, absorbents and absorbent materials, sand, recovery drums, and any protective equipment and clothing, to include, but not restricted to fire fighting turnout gear, breathing apparatus, chemical protective suits, boots, gloves and goggles, and any other item owned or controlled by the Township of Mahwah or its employees, agents, officers and/or officials. Expendable items shall also include any miscellaneous expenses incurred by the Township of Mahwah resulting from such a release, including, but not limited to overtime wages paid to its employees, costs of medical and hospital treatment for injuries sustained by employees, agents or servants of the Township, vehicle response hours, monitoring devices, decontamination equipment, communications expenses and meals.
HAZARDOUS MATERIAL
Shall mean any material, solid, liquid, or gas, in any quantity, listed as such under the N.F.P.A. Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances and toxic pollutants as adopted by the Federal Environmental Protection Agency (EPA), pursuant to Sections 307 and 311 of the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.), any hospital or medical waste, including but not limited to, syringes, bandages, and discarded pharmaceutical products, and any other material which may pose an unreasonable risk to life, property or the environment.
HAZMAT TEAM
Shall mean the Township of Mahwah, Fire Department, Hazmat Team including all members of the Department, officers and officials.
PERSON
Shall mean any natural person or individual, or any firm, partnership, association, limited partnership, proprietorship, corporation, or any other business entity or any government agency or entity.
RELEASE/DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous substances anywhere within the Township of Mahwah or any other location outside of the Township where the Mahwah Fire Department is requested for assistance.
TOWNSHIP
Shall mean the Township of Mahwah including its employees, agents, officers and officials.
VEHICLE
Shall mean any motorized equipment, registered or unregistered, including, but not limited to a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft, and train.
VESSEL
Shall mean any container, drum, box, cylinder, or tank used to hold or to contain or carry or store any hazardous material, whether or not said container was manufactured for the containment of a hazardous material.
b. 
Purpose. This subsection provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Township of Mahwah and/or the Hazmat Team, for costs expended, without regard to ownership, for the purpose of mitigating, controlling, or containing any incident in which a hazardous material is involved in fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
The subsection also provides for the reimbursement for the expenses incurred by the Township for the wages paid to its employees, agents or servants and the costs of medical or hospital treatment for injuries sustained by any employee, agent or servant of the Township resulting from an incident involving a hazardous material, and any miscellaneous expenses incurred by the Township from an incident involving a hazardous material.
This subsection mandates the reimbursement to the Township of Mahwah and/or the Hazmat Team for any expendable items used by the Township or any of its employees, agents, servants, officers, or officials, in extinguishing any hazardous material fire, stopping or containing, or controlling, or mitigating any spill, release or leak of any hazardous material.
c. 
Discharge of Hazardous Substance Prohibited.
1. 
The discharge of hazardous substances is prohibited, unless the responsible party is in compliance with the conditions of a Federal or State permit.
2. 
Any person who may be subject to liability for a discharge, or becomes aware of a discharge which has occurred shall immediately notify the Township of Mahwah Police Department.
3. 
Whenever a hazardous material is discharged, the Township of Mahwah may, in their discretion, act to remove or arrange for the removal of such discharge.
4. 
Any person who has discharged a hazardous material which has been or shall be removed by the Township of Mahwah shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs.
d. 
Parties Responsible for Reimbursement. Reimbursement to the Township and the Hazmat Team for any incurred expenses shall be made by the following parties.
1. 
The owner or operator of any vehicle responsible for any fire or release of hazardous material, whether accidental or through negligence.
2. 
The owner or person responsible for any vessel containing hazardous material involved in any fire or release on public or private property, whether stationary or in transit, whether accidental or through negligence.
3. 
The owner or person responsible for any property from which any fire or release of hazardous material emanates, whether accidental or through negligence.
4. 
Any person responsible for any fire or release of a hazardous material on public or private property, whether accidental or through negligence.
e. 
Reimbursement for Services of Recovery Company, Towing Company or Technical Assistance. Any person responsible for a fire or release of a hazardous material must provide reimbursement for services rendered by any recovery company, towing company, or other technical assistance called by the Township to handle such an incident. Vehicles involved in such a fire or release may be impounded by the Township until such time as arrangements have been made to reimburse the Township, recovery company, towing company, or technical assistance for their expenditures under the terms of this subsection.
f. 
Period for Payment. Any person responsible for a fire or release involving a hazardous material shall reimburse the Township of Mahwah and/or the Hazmat Team for the full cost of all expenses incurred in the extinguishment of any fire or mitigation or cleanup of any release within a period of 45 days after receipt of an itemized bill from the Township. This bill shall be forwarded to the responsible party within 20 working days of the incident and shall indicate the fair market value of any items specified to be replaced from a nationwide vendor's catalogue or submitted receipts. Items not listed as fair market value shall be billed in accordance with the following schedule of fees:
Vehicle Response Hours
$50 per hour per vehicle performing a function at a hazardous materials incident and $100 per hour per vehicle after 5 hours
Communications Charge
$20 minimum charge and all charges that exceed $20
Replacement of any item is permitted providing that it meets the specifications established by the Fire Department.
g. 
Reimbursement by Another Government Agency. Any government agency outside the Township of Mahwah which requests the assistance of the Fire Department Hazardous Materials Response Team shall be responsible for the reimbursement of the costs incurred in the mitigation of the fire or release of a hazardous material. The government agency shall not be responsible to reimburse the Township for any vehicle response hours or other routine expenses which are consistent with mutual aid responses.
[1]
Editor’s Note: Ordinance No. 300 was readopted by Ordinance No. 590 pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).
[Ord. #590; 1976 Code § 172-1]
No person shall park, leave or store any inoperable motor vehicle on any public lands or premises except in case of emergency and then for a period of not more than 48 hours.
[Ord. #590; 1976 Code § 172-2]
No person shall park, leave, store or maintain any inoperable motor vehicle for a period of more than 30 days upon any private lands or premises.
[Ord. #590; 1976 Code § 172-3]
No owner or occupier of any private lands or premises shall permit or suffer any inoperable motor vehicle to be parked, left, stored or maintained on his or her lands or premises for more than 30 days.
[Ord. #590; 1976 Code § 172-4; Ord. #1014, § I]
This Chapter shall not apply to:
a. 
Lawfully operated junkyards.
b. 
Motor vehicles located or stored in garages or other buildings.
c. 
New or used vehicles on display for sale upon the premises of a legally operated automobile dealership.
d. 
Vehicles with current registrations under repair upon the premises of a legally operated automotive service.
[Ord. #558; Ord. #590; 1976 Code § 172-5]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be liable to the penalty as established in Chapter 1, § 1-5.
[Ord. #590; 1976 Code § 172-7; Ord. #1014; § II]
a. 
Person shall mean any individual person, group of persons, partnership, corporation, firm, association or other entity.
b. 
Inoperable vehicle shall mean any motor vehicle designed and manufactured primarily for use on public roadways or any motor vehicle component parts thereof as defined under N.J.S.A. 39:10B-1(b); which (1) is incapable of being operated safely or being put in safe operational condition except at a cost in excess of the value thereof; or (2) which fails to satisfy the statutory requirements for operation on a public roadway including but not limited to: current registration, inspection sticker and insurance coverage; shall be deemed to be inoperable for purposes of this chapter.
[Ord. #590; 1976 Code § 172-7]
The imposition of a penalty or penalties for any violation of this section shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time. If the violations are not corrected or remedied within a reasonable time, then each 10 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder. Such reasonable time shall be defined by the Municipal Judge of the Municipal Court.
[Ord. #910]
To the full extent permitted by Chapter 14 of the Public Laws, State of New Jersey, 1985, any Police Officer or his duly authorized designee may impound or immobilize a vehicle found within the jurisdiction of the Township if there are any outstanding warrants against the vehicle.
[Ord. #910]
If the outstanding warrants are not paid within 30 days of the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction pursuant to statute.
[Ord. #1047, § 1]
The following terms shall have the meanings indicated:
MOTORIZED SPORTBIKE
Shall mean:
a. 
Any two, three or four wheeled bicycle or similar apparatus, motor-propelled or having a helper motor and commonly referred to, among other designations, as "moped", "minibike", "go-cart", "all terrain vehicle (ATV)", "trailbike" or the like, which by its nature is not authorized to be licensed by the State of New Jersey, Department of Motor Vehicles, for use upon the public highway, notwithstanding the fact that licensing of this equipment in some instances may not be required for operation upon the public highways.
b. 
Sport vehicles which are motor-propelled and traverse the terrain by means of treads, tracks or the like, as contrasted to wheels except for snowmobiles and related snow vehicles.
PRIVATE PROPERTY
Shall mean all lands in the Township of Mahwah, not above-defined as "public property" or part of road system defined as an exception to the definition of "public property" set forth above.
PUBLIC PROPERTY
Shall mean lands owned or leased by the Township of Mahwah, a municipal corporation of the State of New Jersey, County of Bergen and State of New Jersey, Township of Mahwah Board of Education or any other equivalent public body, but specifically excluding from said definition any roadways used for public transportation and being part of the accepted road systems of the State of New Jersey, Department of Transportation, Township of Mahwah or County of Bergen.
UNLICENSED OPERATOR
Shall mean the operator of any motorcycle who does not hold a special license issued by the State of New Jersey, Department of Motor Vehicles, permitting the operation of a motorcycle on the public highways or the operator of any motorized sportbike who is in violation of this section.
[Ord. #649; 1976 Code § 121-1; Ord. #1047, § 2]
It shall hereafter be unlawful for any person to operate or to allow to be operated any mopeds, minibikes, motorcycles, or any other motorized or partially motorized vehicles of any kind on any kind of property owned, leased, or maintained by the Township or any of its subsidiary corporations or the Water Department of the Township, unless this operation is expressly authorized by the Statutes of the State of New Jersey.
[Ord. #649; 1976 Code § 121-1; Ord. #1047, § 2]
It shall hereafter be unlawful for any person to operate or to allow to be operated any mopeds, minibikes, motorcycles, or any other motorized or partially motorized vehicles of any kind on any kind of private property unless same is expressly authorized by the Statutes of the State of New Jersey or unless this operation is expressly authorized by the owner of the property or his duly authorized agent.
[Ord. #1449]
It shall be unlawful for any person to operate or permit and suffer to be operated a motorized sport bike as set forth and described in Subsection 3-5.1 hereof, within the Township of Mahwah, in such a manner as to create loud and unnecessary noise, so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property or to operate a motorized sport bike in a careless, reckless or negligent manner so as to endanger the safety of any person.
[Ord. #1449]
While operating a motorized sport bike as defined in Subsection 3-5.1, all operators shall wear a standard motorcycle helmet.
[Ord. #1047, § 3; Ord. #1449]
Any police officer may, at his discretion:
a. 
Impound any vehicle operated on public or private property alleged to be a violation of this section, either by virtue of its operation and use contrary to the provisions of this section.
b. 
Impound any vehicle operating on the public roadways in violation of any then-applicable State statute or any regulation validly promulgated by any State agency having jurisdiction. The period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the offense. The owner thereof shall pay the reasonable cost of said removal and storage constituting impoundment, which shall be deemed to be $12 per day, provided that the operator shall be deemed guilty of an offense. The Chief of Police or his designee may authorize early release. The cost of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this section.
[Ord. #1047, § 4; Ord. #1449]
For any violation of this section, the offender shall be liable for penalty of not more than $500.
[Ord. #463; 1976 Code § 82-1]
The growth, existence or presence of brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways is hereby determined to be a nuisance and detrimental to public safety.
[Ord. #463; 1976 Code § 82-2]
Where it shall be necessary and expedient for the preservation of the public safety and pursuant to the provisions of N.J.S.A. 40:48-2.26 and the amendments and supplements thereto, the owner or tenant of lands may be required within 10 days after notice to cut and to keep cut any brush, hedges or other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, to a height of not more than 2 1/2 feet above the level of the adjacent road or roads.
[Ord. #463; 1976 Code § 82-3]
It shall be the duty of the owner or tenant of such lands to cut and keep cut any such brush, hedges or other plant life within 10 days after receiving notice to do so from any member of the Police Department of the Township, which notice may be effected by personal service or by certified mail, return receipt requested, directed, in the case of an owner, to the address of the owner as the same appears on the last tax duplicate of the Township, and in the case of a tenant, to the address of the lands in question.
[Ord. #463; 1976 Code § 82-4]
If such owner or tenant of lands shall, within 10 days after receipt of such notice to cut and to keep cut any brush, hedges or other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways to a height of not more than 2 1/2 feet, fail or refuse to cut and to keep cut such brush, hedges or other plant life as provided in Subsection 3-6.2 hereof, the Superintendent of the Road Department or other officer acting in that capacity shall cut, remove or arrange to have cut or removed all such brush, hedges or other plant life in the same manner provided above.
[Ord. #463; 1976 Code § 82-5; New]
In the event of a removal of brush, hedges or other plant life by the Director of Public Works or other officer acting in that capacity, such Superintendent or other officer acting in that capacity shall, in accord with N.J.S.A. 40:48-2.27, certify the cost of such work performed to the governing body, which governing body shall examine the certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against the lands of the owner thereof affected thereby, or in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against said lands.
[Ord. #463; 1976 Code § 82-6]
The amount so charged shall, in accord with N.J.S.A. 40:48-2.27, 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, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. #463; 1976 Code § 82-8]
The imposition of the fine imposed by this section shall not constitute any bar to the Township to collect the costs of cutting, removing or arranging to have cut or removed all such brush, hedges or other plant life in the manner provided above.
[Ord. #1731]
a. 
The owner, tenant, and/or other person in possession of any dwelling or lands in the Township will keep the dwelling and/or lands free of brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, which may constitute a fire hazard or which otherwise are detrimental to the public health, safety, or general welfare.
b. 
The owner, tenant, and/or other person in possession of any dwelling or lands in the Township, when it is necessary and expedient for the preservation of the public health, safety, or general welfare, will remove from the dwelling or land and/or destroy any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds, or rodents, within 10 days after the owner, tenant, and/or other person in possession has received notice from any officer or enforcement official of the Township of these conditions of the property. If the owner, tenant, or other person in possession fails, refuses, or neglects to correct the condition within the time specified in the notice, then the Township's officers and code enforcement officers may remove and/or destroy the solid waste.
[Ord. #1731; amended 11-14-2019 by Ord. No. 1890]
If the Property Maintenance Officer determines, as a result of investigation by any municipal official or employee, that the owner, tenant, or person in possession of any dwelling and/or lands in the Township has failed to comply with Subsection 3-6.8a, he or she will notify in writing the owner, tenant, or person in possession of the dwelling and/or lands to remedy or abate the condition complained of within 10 days after receipt of notice. Notice may be served either personally or by certified mail, return receipt requested, to the person at the last known address shown on the Township's records. The Property Maintenance Officer will reinspect the property in question after the ten-day period has expired, and will determine if the conditions complained of have been abated or removed.
[Ord. #1731; amended 11-14-2019 by Ord. No. 1890]
If the owner, tenant, or person in possession of the dwelling or lands has failed or refused to remedy or abate the condition complained of within 10 days after receipt of the notice provided for in Subsections 3-6.8b and/or 3-6.9, then the Property Maintenance Officer will cause the conditions complained of to be abated or removed by an appropriate municipal official, employee, or contractor. The official, employee, or contractor directed to remedy or abate the condition complained of will keep a record of all costs and expenses incurred in connection with the remedy or abatement, and will certify it to the Township Council, which will examine the certificate and, if found correct, will cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged will forthwith become a lien upon such dwelling or lands and will be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and will be collected and enforced by the same officers and in the same manner as taxes. The remedy provided by this subsection will be in addition to any penalty that may be imposed for a violation of this section.
[Added 11-14-2019 by Ord. No. 1890; repealed and replaced 10-16-2023 by Ord. No. 2014]
a. 
Property Registration Program and Registry Established. The Township of Mahwah hereby establishes Property Registration Program and Registry pursuant to its authority granted by P.L. 2021, c. 444. The purpose of this program is to maintain a registry for all commercial and residential properties within the Township's municipal boundaries for which a summons and complaint in an action to foreclose has been or is about to be filed with the Superior Court of New Jersey. The registry will be formed and maintained to assist the Township with identifying, monitoring, and regulating the maintenance, security and upkeep of properties which may become vacant and abandoned during the foreclosure process in order to prevent the deleterious effects of blight associated with vacant and abandoned properties that are not maintained in accordance with State law or the Township Code.
b. 
Definitions.
CREDITOR
A State-chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," sections 1 through 39 of P.L. 2009, c. 53 (N.J.S.A. 17:11C-51 through N.J.S.A. 17:11C-89), and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. For purposes of this chapter, a Creditor shall not include the State, a political subdivision of the State, a State, county, or local government entity, or their agent or assignee, such as the servicer.
ENFORCEMENT OFFICER
Any law enforcement officer, the Construction Official, building inspector, Property Maintenance Officer, Zoning Officer, Fire Chief, Fire Inspector, Assistant Zoning Officer, Assistant Property Maintenance Officer, the Municipal Engineer, Deputy Municipal Engineer, or any other officers and employees of the Township designated by the Township to assist the above-listed officers and officials or otherwise enforce the Township Code.
OWNER
The title holder; and agent of the title holder having authority to act with respect to a property; and any person, legal entity or other party having any ownership interest, whether legal or equitable in real property. This term shall also apply to any person, legal entity or agent responsible for the construction maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or similar entity retained on behalf of a Creditor, Owner or other responsible party to be responsible for the maintenance and/or upkeep of property, whether occupied, unoccupied, vacant and/or abandoned.
PUBLIC OFFICER
Business Administrator and/or Municipal Clerk, or such other officer, employee, or third-party contractor designated or appointed by the Township Council to maintain and oversee the Township's Property Registration Program.
RESPONSIBLE PARTY
The owner of real property, title holder(s) of real property, an agent of the title holder(s) authorized to act with respect to a vacant or unoccupied property (including any "property management company"), any Property Management Company, any Creditor or foreclosing party required to provide notice to the Township pursuant to N.J.S.A. 46:10B- 51, and any amendments or supplements thereto, any other party-in-interest determined by the Township's officials or officers to have authority to act with respect to the maintenance of any unoccupied and/or vacant property.
"Responsible Party" shall also include a Creditor responsible for the maintenance of property pursuant to section 18 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) and filing a summons and complaint in an action to foreclose who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if the property is vacant and abandoned at any time while the property is registered with the property registration program; and/or an in-State representative or agent of the Creditor who shall be responsible for the care, maintenance, security, and upkeep of the exterior of the property if it becomes vacant and abandoned.
VACANT AND ABANDONED PROPERTY
Any residential or commercial property shall be considered vacant and abandoned if it is not legally occupied by an owner, mortgagor or tenant, and which is in such condition that it cannot be legally reoccupied because of the presence or finding of at least two of the following conditions:
a.
Overgrown or neglected vegetation;
b.
The accumulation of newspapers, circulars, flyers, or mail on the property;
c.
Disconnected gas, electric, or water utility services to the property;
d.
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
e.
The accumulation of junk, litter, trash, or debris on the property;
f.
The absence of window treatments such as blinds, curtains, or shutters;
g.
The absence of furnishings and personal items;
h.
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
i.
Windows or entrances to the property are boarded up or closed off, or multiple windowpanes that are damaged, broken, and unrepaired;
j.
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
k.
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
l.
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied under any other provision of the Code of the Township of Mahwah, the Uniform Construction Code or pursuant to any other State, County or local law;
m.
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
n.
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
o.
Any other reasonable indicia of abandonment.
For purposes of this section, "vacant and abandoned" residential property is also defined to mean residential real estate with respect to which the mortgagee has proved in the Superior Court of New Jersey, by clear and convincing evidence, that the mortgaged real estate is vacant and abandoned in accordance with N.J.S.A. 2A:50-73 or where a notice of violation has been issued by the Township's Construction, Zoning and/or Property Maintenance Officers pursuant to section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3) for a Creditor's failure to provide care, maintenance, security and upkeep of the exterior of such residential property. Where a notice of violation has not been issued pursuant to section 3 of P.L. 2021, c. 444 (N.J.S.A. 40:48-2.12s3), real property shall be deemed "vacant and abandoned" if a court of competent jurisdiction finds that the mortgaged property, is not occupied by an owner, mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure in accordance with section 4 of the "Fair Foreclosure Act," P.L. 1995, c. 244 (N.J.S.A. 2A:50-56), and at least two of the above-listed conditions exist.
[Added 11-14-2019 by Ord. No. 1890; repealed and replaced 10-16-2023 by Ord. No. 2014]
a. 
Duties & Responsibilities of Public Officer and Enforcement Officer.
1. 
The Business Administrator and Township Clerk shall serve as the municipal official(s) responsible for administering and coordinating the Township Property Registration Program in conjunction with the Enforcement Officer(s) of the Township. The Business Administrator and Township Clerk shall be responsible for: maintaining the Registry in conjunction with the advice and recommendations of the Enforcement Officer; accepting registrations and notices from Creditors and/or Responsible Parties; collecting registration fees; processing registration payments; and assisting in the enforcement and collection of delinquent registration fees required to be submitted to the Township under subsection 3-6.13 below.
2. 
The Township Construction Official and/or Property Maintenance Officer shall be responsible for notifying Creditors and other Responsible Parties of any conditions violations related to the care, maintenance, security and upkeep of any vacant and abandoned residential and commercial properties; determining eligibility for designation as vacant and abandoned property under this chapter, and for the enforcement of the provisions of this section, including issuing violations, and imposing and collecting fines and penalties for the failure of Creditors and/or Responsible Parties to register, abate or correct any conditions or violations of the Township Code and other applicable laws.
3. 
The Township may, in its discretion, create, maintain and administer this registry directly or retain the professional services of a private third party pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., or participate in a shared services agreement with other local units, counties, and/or county improvement authorities for the creation, maintenance and administration of the registry pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.
(a) 
Any third parties retained to create, maintain, and/or administer the registry shall have the authority on behalf of the Township to: identify properties subject to the registration requirement; maintain and update the registration list; communicate with Creditors and/or in-state representatives; invoice and collect payment of fees; monitor Compliance; and Such other functions, within the scope of P.L. 2021, c. 444, which may be deemed necessary to carry out its function on behalf of the Township.
(b) 
Any third parties retained to create, maintain, and/or administer the registry shall be required to comply with the following reporting and payment requirements:
(1) 
Any and all amounts collected by the third-party administrator as part of its administration of the Township's registry, including registration fees, interest, and penalties, shall be paid, in full, directly to the Township, as applicable, not less than once per year, or as otherwise directed by the Township's Public Officer. No fees, payments, expenses, or other deductions for the services of the third-party administrator shall be made from the funds collected for such fees, interest and penalties. Payment for any third-party administrator services under this section shall be made by the Township directly to the third party, under the terms and conditions outlined within the contract for professional services.
(2) 
Not less than once per year on the first business day of each calendar year, or as otherwise may be requested by the Tax Collector, any third party administering the Township's registry shall file with the Tax Collector a certification identifying: the address, block, lot, and contact information of any property for which registration fees under this Code are due and owing at the time of the certification; the amount of the registration fees, and separately, any interest, fines, and other penalties due and owing at the time of the certification; and the date on which the property became eligible for inclusion on the Township's registry.
b. 
Creditor Notice Requirements.
1. 
Within 30 days of the effective date of this ordinance, any Creditor that has initiated foreclosure proceedings on any commercial or residential property located within the Township of Mahwah which currently remains pending in the Superior Court of New Jersey shall provide to the Township Clerk with written notice of the foreclosure action with respect to each and every commercial and residential property. Such notice provided by the Creditor shall be organized by block and lot number, and street address for each property in foreclosure, and shall provide such additional information listed in paragraph 2 below.
2. 
A Creditor having initiated foreclosure proceedings on any commercial or residential property located within the Township of Mahwah shall provide to the Township Clerk with written notice of the foreclosure action with respect to each and every commercial and residential property within 10 days of serving a summons and complaint in foreclosure on any commercial or residential property located within the Township of Mahwah. Such notice provided by the Creditor shall set forth the block and lot number and street address for each property in foreclosure, and shall provide the following additional information:
(a) 
The full name, address, telephone number and email address for the representative of the Creditor responsible for receiving complaints of property maintenance and code violations;
(b) 
The full name, address, telephone number, and email address any person or entity retained by the Creditor or a representative of the creditor to be responsible for the care maintenance, security and/or upkeep of the property;
(c) 
If the Creditor is located out-of-state, the notice shall also contain the full name, address, telephone number and email address of an in-State representative or agent who shall be responsible for the care, maintenance, security and/or upkeep of the property if the property becomes vacant or abandoned;
(d) 
The full name, address, telephone number and email address of the individual located within the State who is authorized to accept service of process on behalf of the Creditor; and
(e) 
Whether the property is deemed "vacant and abandoned" in accordance with the definition set forth in subsection 3-6.11 above.
c. 
Creditor Registration Requirements. Creditors and/or other Responsible Parties of any commercial or residential property required to notify the Township pursuant to the above sections or N.J.S.A. 46:10B-51.1, shall within 30 days of notifying the Township that a property is in foreclosure, register the property with the Township's property registration program by completing the Township's approved certificate of property registration form, making payment of the required registration fee to the Township in accordance with subsection 3-6.13 below, and filing the registration form with the Township Clerk in accordance with the requirements set forth hereinafter below.
1. 
The information supplied to the Township on the registration form provided by the Creditor shall include the following information:
(a) 
The address, block, and lot of the subject property;
(b) 
The date the summons and complaint in an action to foreclose on a mortgage was filed against the subject property, the court in which it was filed, and the docket number of the filing;
(c) 
Whether the property is deemed "vacant and abandoned" in accordance with the definition set forth in subsection 3-6.11 above;
(d) 
The full name, address, telephone number, and email address for the representative of the Creditor and/or Responsible Party responsible for receiving notice of complaints of property maintenance and code violations;
(e) 
The full name, address, telephone number, and email address of any Responsible Party and/or other person or entity retained by the Creditor or a representative of the Creditor to be responsible for any care, maintenance, security, or upkeep of the property;
(f) 
The full name, address, telephone number and email address of the individual located within the State who is authorized to accept service of process on behalf of the Creditor;
(g) 
Provide evidence of any liability insurance;
(h) 
If the Creditor is out-of-state, the full name, address, and telephone number of an in- state representative or agent of the Creditor or Responsible Party who shall be responsible for any care, maintenance, security, or upkeep of the property, and for receiving notice complaints of property maintenance and code violations; and
2. 
After initial notice and registration to the Township, Creditors and Responsible Parties subject to the notice and registration requirements shall update the Township's property registration within 10 days of any change in the information contained in the original or any subsequent notices.
3. 
Such certificate of registration shall remain valid for the calendar year in which it is filed. All Creditors and/or Responsible Parties shall file with the Township on January 30 of each subsequent year an annual renewal registration certificate with respect to each commercial and residential property that remains in foreclosure as of January 1 of each subsequent year.
d. 
Creditor and Responsible Party Obligations. All Creditors and/or other Responsible Parties of any commercial or residential properties in foreclosure shall be required to comply with the following requirements during the pendency of any foreclosure action and continuing thereafter until such time as a final transfer of title occurs and the Creditor and/or Responsible Party no longer have authority over ownership, occupancy, custody and control of the property:
1. 
Payment of all registration fees, and fines and penalties for noncompliance established within this subsection 3-6.13;
2. 
Update the property registration for each commercial or residential property in foreclosure within 10 days of any change in the information contained in the original notice to the Township;
3. 
If the Creditor is located outside the State of New Jersey, such out-of-state Creditor shall appoint an in-state representative, agent or other Responsible Party to act for the foreclosing Creditor, whose contact information shall be contained within the initial notice to the Township;
4. 
If at any time such commercial or residential property in foreclosure is deemed or found to be "vacant or abandoned" as defined under subsection 3-6.11 hereinabove, either by the Creditor or the Township Enforcement Officer, within 10 days of such determination, the Creditor and/or the Creditor's Responsible Party shall:
(a) 
Assume full responsibility for the care, maintenance, upkeep, and security of the exterior of the property as required under the laws of the State of New Jersey and the Code of the Township. Such duties and responsibilities to be assumed by the Creditor and/or Responsible Party include, but are not be limited to, the duties and responsibilities applicable to owners and tenants of property under Chapters 3 and 10 of the Township Code, the provisions of the Township Health Code, and the following specific requirements:
(1) 
Keeping the property free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper circulars, flyers, notices, except those required by federal, state or local law, discarded personal items such as furniture, clothing, large and small appliances, printed materials and any and all other items that give the appearance that the property is abandoned;
(2) 
Keeping the property free of graffiti or similar markings by removal or painting over of same with an exterior grade paint that matches the color of the exterior structure;
(3) 
Keeping all pools and spas free from stagnant water so the water structure remains clear of pollutants and debris.
(4) 
Maintaining appropriate non-scalable barriers of appropriate height for all in- ground and above-ground pools in accordance with the New Jersey Uniform Construction Code.
(5) 
Securing the property against unauthorized entry, which shall include but not be limited to the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure.
(6) 
Repairing broken windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows shall be secured by reglazing of the window;
(7) 
Posting signage on the inside of the property, visible to the public, no smaller than 18 inches by 24 inches, which contains the name, address, telephone number, and email address of the Creditor, Responsible Party, or an out-of-state Creditor's in-state representative, agent or Responsible Party, for the purpose of receiving service of process and otherwise maintaining the property;
(i) 
If different than the person receiving service of process, the sign posted inside the property must also include the name, address, telephone number, and email address of the person responsible for day-to-day supervision and management of the building;
(8) 
Post the property with "no trespassing" signs of a nature sufficient to give notice to any person entering upon the property that it is against the law to enter the property without permission of the Creditor;
(9) 
Acquire and maintain a vacancy insurance policy which covers any damage to any person or any property caused by any physical condition of the property while registered with the Township's property registration program;
(b) 
Within 10 days of such commercial or residential property being deemed "vacant and abandoned" the Creditor and/or Responsible Party shall provide written certification to the Township Enforcement Officer or its designee, that the above conditions have been satisfied.
(c) 
Upon a property being deemed "vacant and abandoned" the Creditor and/or Responsible Party shall be responsible to cure and abate any violations of the above requirements or any other violations of the laws of the State of New Jersey or Township Code within 30 days of receiving a notice of violation; or if such violations/condition is deemed an imminent threat to public health and safety by the Enforcement Officer, cure such violation(s) or condition(s) within 10 days of receiving such notice.
5. 
Upon registering the property in accordance with this Section, the Creditor shall be issued a certification of registration from the Township Clerk and/or Business Administrator.
6. 
If there is any change in the name, address, email address or telephone number for a representative, agent, or individual authorized to accept service on behalf of a Creditor required to be provided in a notice pursuant to this paragraph following the filing of the summons and complaint, the Creditor shall update the registration certificate with the Township Clerk to contain updated name, address, email address or telephone number within 10 days of the change in that information.
7. 
If at any time the Creditor or other Responsible Party is deemed to be in violation of the above requirements, or if the property is deemed to be in violation of any other applicable Township or State building, construction, housing, property maintenance, health or safety laws, regulations and/or ordinances, the Public Officer, Enforcement Officer or his/her designee shall notify the Creditor and/or Responsible Party using the contact information provided in the property registry established by this subsection 3-6.11.
8. 
If the Creditor fails to remedy the violation within that time period, the Township may impose penalties allowed for the violation of municipal ordinances in accordance with subsection 3-6.13 below.
9. 
The notice/certificate of registration requirements herein are a continuing obligation of the Creditor and other Responsible Parties throughout the pendency of the foreclosure action and shall continue through issuance of a final judgment of foreclosure, sheriff sale, short sale and resale until such time as a final transfer of title occurs and the Creditor and/or Responsible Party no longer have authority over ownership, occupancy, custody and control of the property. Within 10 days of the transfer of title to a third-party, the Creditor shall update the Township's property registration program of the transfer of title and provide all updated information contained in the original or any subsequent notices.
10. 
If the Township expends public funds to abate or correct any such violations and conditions in situations in which the Creditor of commercial or residential property was given notice pursuant to the provisions of this chapter and failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the Creditor as it would have against the title owner of the property (including for demolishing and removing any hazardous or unfit structures or improvements or to otherwise repair, clean-up and maintain such residential or commercial property). All such costs, fees and expenses incurred by the Township for labor, equipment, material, disposal/removal, all professionals, attorney's and expert fees, and court costs associated therewith shall become a municipal lien against the property and collectable by the Township in accordance with applicable law. The Township shall have the same recourse against the Creditor as it would have against the title owner of the property, including but not limited to the recourse provided under N.J.S.A. 55:19-100.
[Added 11-14-2019 by Ord. No. 1890; ; repealed and replaced 10-16-2023 by Ord. No. 2014]
a. 
All fees, penalties, and/or fines established within this section and assessable pursuant to the Township's authority outlined within P.L. 2021, c. 444 shall be deemed a municipal charge in accordance with N.J.S.A. 54:5-1, et. seq.
b. 
Fees. Creditors required to notify and register with the Township any property in foreclosure, shall be required to pay to the Township both an initial registration fee, per each property in foreclosure, and thereafter an annual registration fee per each property that remains in foreclosure as of January 1 of the next year following in accordance with following fee schedule:
1. 
For any and all residential and/or commercial properties subject to an existing foreclosure action initiated prior to the effective date of this ordinance, and which remains pending as of November 5, 2023 (the effective date of adoption of this section), Creditors shall pay an initial registration fee to the Township in the amount of $500 per each property in foreclosure. The initial registration fee shall become due and payable to the Township within 30 days after the effective date of this section.
2. 
For any and all residential and/or commercial properties that becomes subject to a new foreclosure action first filed after November 5, 2023 (effective date of this section), Creditors shall pay an initial registration fee to the Township in the amount of $500 per each property in foreclosure. The initial registration fee shall become immediately due and payable to the Township on the earlier of the date the summons and complaint is filed in the foreclosure action or the date of registration of the property with the Township.
3. 
Creditors shall be required to pay an annual renewal registration fee to the Township in the amount of $500 per each previously registered residential and/or commercial property which continues to remain the subject of a pending foreclosure proceeding as of January 1 each year. The annual registration fee shall become due and payable to the Township on January 30, annually.
c. 
Vacant and Abandoned Registration Fees. In addition to the above initial and annual registration fees, if any property in foreclosure registered with the Township is vacant and abandoned, as defined in subsection 3-6.11 above, Creditors shall be required to pay to the Township certain additional initial and annual vacant and abandoned property registration fees per each property in the following amounts and manner:
1. 
If any residential and/or commercial property in foreclosure is vacant and abandoned, as defined in subsection 3-6.11 above, as of the date such property is to be initially registered with the Township, the Creditor shall, in addition to the initial registration fee, pay to the Township an additional vacant and abandoned property registration fee in the amount of $2,000 per each vacant and abandoned property at the time of initial registration.
2. 
If at any time a residential and/or commercial property in foreclosure registered with the Township is subsequently determined by the Township's Enforcement Officer to be vacant and abandoned, as defined in subsection 3-6.11 above, the Creditor shall, in addition to any initial/annual registration fee, pay to the Township an additional vacant and abandoned property registration fee in the amount of $2,000, per each vacant and abandoned property, The additional vacant and abandoned property registration shall become immediately due and payable to the Township at the time it is determined that the property is vacant and abandoned.
3. 
Any vacant and abandoned residential and/or commercial property in foreclosure which is vacant and abandoned as of the January 1, shall be subject to an additional annual vacant and abandoned property registration fee in the amount of $2,000 per each vacant and abandoned property. The annual vacant and abandoned property registration fee shall become due and payable to the Township at the time of annual registration, on January 30
4. 
If there is an outstanding construction, property maintenance or other code violation on a vacant and abandoned property that remains unabated at the time of annual renewal, the Creditor and/or Responsible Party shall pay an additional fee of $750 plus all outstanding fines and penalties due the Township for violations of any outstanding property maintenance, building/construction or other code violations.
d. 
Violations.
1. 
An out-of-state Creditor subject to the notice and registration requirements hereinabove, found to be in violation of the requirement to appoint an in-state representative or agent, shall be subject to a fine of $2,500 for each day the violation continues. The violation shall be deemed to commence on the day after the creditor's initial ten- or thirty-day requirement to notify the Township of applicable foreclosure actions.
2. 
A Creditor of commercial property subject to the notice and registration requirements of this section, found to be in violation of any part of this ordinance, with the exception of a separate violation by an out-of-state Creditor for the failure to register/appoint an in-state representative above, shall be subject to a fine of $1,500 for failure to remedy a violation each and every day the violation continues. The violation shall be deemed to commence on the thirty-first day following the Creditor's receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the eleventh day following the creditor's receipt of such notice.
3. 
A Creditor of residential property subject to the notice and registration requirements of this section, found to be in violation of any part of this section, with the exception of a separate violation by an out-of-state Creditor for the failure to register/appoint an in-state representative above, shall be subject to a fine up to the maximum amount permitted under N.J.S.A. 40:49-5 for failure to remedy a violation, for each day the violation continues. The violation shall be deemed to commence on the thirty-first day following the Creditor's receipt of a notice of violation, or if deemed to present an imminent threat to public health and safety, on the eleventh day following the creditor's receipt of such notice.
4. 
No less than 20% of any money collected pursuant to this section shall be utilized by the Township for code enforcement purposes.
e. 
Relation to other laws.
1. 
Nothing herein, nor any action taken by the Township pursuant thereto, shall preclude the Township and its officers and agents from taking any and all further or separate action pursuant to any other laws, regulations, codes and/or ordinances of the State of New Jersey or the Township of Mahwah, including but not limited to any such action and/or remedies pertaining to unfit and/or unsafe buildings under the Uniform Construction Code, Uniform Fire Code, or any other codes or ordinances of the Township and/or the Township Board of Health.
[Ord. #1513, § 1]
The purpose of this section is to establish a yard waste collection and disposal program in the Township of Mahwah, so as to protect public health, safety, and welfare, and to prescribe penalties for the failure to comply.
[Ord. #1513, § 1]
As used in this section:
CONTAINERIZED
Shall mean any placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean any leaves, grass clippings, or tree branches.
[Ord. #1513, § 1]
a. 
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow, or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of the yard waste must remove said yard waste from the street or said party shall be deemed in violation of this section.
b. 
Notwithstanding the preceding subsection, sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection by the Township of Mahwah, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time of in any other manner is in violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from along the street or said party shall be deemed in violation of this section.
[Ord. #1513, § 1]
This section shall be enforced by the Property Maintenance Official for the Township of Mahwah.
[Ord. #1513, § 1]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of not less than $5 nor more than $100 per day for each day of the continuing violation.
[Ord. #1513, § 1]
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[1]
Editor's Note: This section was originally adopted by Ord. No. 420.
[Ord. #543; Ord. #569; 1976 Code § 115-1; Ord. #1485; Ord. #1756]
a. 
No person shall discharge any firearm, as defined under N.J.S.A. 2C:39-1, or cast any arrow across any State, County or Township road or highway or have in his possession a loaded gun or weapon while within 450 feet of any occupied dwelling in the Township or within 450 feet of a school or school playground in the Township.
b. 
No person shall discharge any firearm, as defined under N.J.S.A. 2C:39-1, or cast any arrow within 450 feet of the boundary line of any property in the Township, provided that same has been conspicuously posted with intervisible signs bearing the owner, occupant, lessee or licensee thereof and prohibiting persons from trespassing and/or discharging firearms or hunting. The posted signs shall be displayed, not fewer than 10 per mile, along the exterior boundaries and along all roads, trails and rights-of-way entering such land.
c. 
No person shall discharge any firearm as defined under N.J.S.A. 2C:39-1, or cast any arrow or have possession of a loaded gun or weapon within the boundaries of the Township in areas other than those set forth in Subsection a above, unless he is either exempted pursuant to Subsection 3-7.5 or he has applied for and received permission, as hereinafter provided, from the Chief of Police to discharge a firearm or cast an arrow in an area not prohibited under Subsection a above and has complied with Subsection b above, if applicable.
d. 
Notwithstanding the provisions of Subsections a, b and c above, no person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, for the purpose of hunting, taking or killing any wildlife, have in his possession a nocked arrow while within 150 feet of any occupied building in the Township or within 450 feet of any school playground, and a nocked arrow shall only be cast when a person is in an elevated position so that any arrow is aimed in a downward angle.
[Ord. #543; 1976 Code § 115-2]
The discharge, firing or use of any gun, pistol, firearm or weapon of any description whatsoever at any place whatsoever in the Township is hereby specifically prohibited except as hereinafter set forth.
The Police Chief of the Township shall, upon the proper application being made as hereinafter set forth, grant specific permission to a person, for the periods of time applied for and in such places of the Township as applied for which are not prohibited under Subsection 3-7.1, to discharge or use a gun, pistol, firearm or
[Ord. #543; 1976 Code § 115-2]
The discharge, firing or use of any gun, pistol, firearm or weapon of any description whatsoever at any place whatsoever in the Township is hereby specifically prohibited except as hereinafter set forth.
[Ord. #543; 1976 Code § 115-3]
The Police Chief of the Township shall, upon the proper application being made as hereinafter set forth, grant specific permission to a person, for the periods of time applied for and in such places of the Township as applied for which are not prohibited under Subsection 3-7.1, to discharge or use a gun, pistol, firearm or weapon in the Township for sport, recreation or the protection of property. The granting or denial of any permission under this section shall not be arbitrary and shall be according to the standards as herein set forth and so as to protect the health, safety and welfare of Mahwah.
[Ord. #543; Ord. #569; 1976 Code § 115-4; Ord. #1485]
a. 
Any person desiring to make application under Subsection 3-7.3 hereof for the specific permission provided for shall file with the Police Department of the Township a proper application for the same, to be provided by the Police Department at police headquarters.
b. 
The application form shall require the applicant to:
1. 
State the applicant's name, address and telephone number.
2. 
State the property on which the discharge, firing or use of the gun, pistol, firearm or weapon is to take place and for what period of time.
3. 
If on land, other than that owned by the applicant, posted with signs prohibiting hunting or the discharge of firearms, accompany his application with specific written permission from the owner or owners of the land set forth in the application.
4. 
Supply a photograph of the applicant.
5. 
State his firearm identification card number.
6. 
State the type of weapon to be discharged and the weapon's serial number.
7. 
State his New Jersey State hunting license number in the event that the person intends to hunt.
8. 
Certify that:
(a) 
He is not prohibited by the statutes of New Jersey from using or possessing a firearm due to a violation of New Jersey's criminal statutes.
(b) 
He is aware that it is illegal to carry or discharge any firearm within the State of New Jersey on Sunday.
(c) 
He is aware that falsification of any part of the application will void same.
(d) 
He has not become subject to any of the disabilities relative to arrest record or physical impairment as set forth under N.J.S.A. 2C:39-7.
(e) 
He is familiar with § 3-7 of the Code of the Township.
(f) 
He is aware that he is subject to civil and criminal charges that might arise out of damage to property or injury and/or death to person or persons as a result of his discharging a firearm within the Township.
c. 
All firearm permits shall be for a period of one year from April 1 to March 31, and all permits issued on and after April 1 in any year shall expire on March 31 of the following year. There shall be no permit fee.
[Ord. #543; Ord. #569; 1976 Code § 115-5]
a. 
Nothing contained in this section shall be construed to prevent any person from keeping or carrying any firearm about his place of business, dwelling house or premises or upon lands possessed by him, or to or from any place where repairing is done to have the same repaired; nor to prevent any person from carrying a firearm in the woods or fields or upon the waters of this Township for the purpose of hunting or target practice in the area where the same is not prohibited either by this section or by the applicable laws of the State of New Jersey.
b. 
Nothing contained in this section shall be construed to prevent the carrying or lawful discharge of firearms by the following persons:
1. 
Law enforcement officers of any governmental agency while in the performance of their duties.
2. 
Members of any legally recognized military organization while in the performance of their duties.
3. 
Members of governmental or civilian rifle or pistol clubs duly organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from their several places of target practice, provided that such firearms are unloaded and in discharging firearms as part of such practice, provided that a copy of the charter is filed with the Chief of Police and that the practice range, if within the Township, is approved by the Chief of Police as complying with nationally recognized standards for such ranges and is under competent supervision.
4. 
Privately employed security personnel who are authorized by law to carry firearms while in the performance of their duties.
5. 
Persons lawfully using firearms in the protection of person or property.
[Ord. #409; 1976 Code § 164-1]
No person shall at any time set or use a trap of any kind designed or intended to take, hold, capture or kill any bird or animal within the limits of the Township except as specifically permitted by Subsections 3-8.2 and 3-8.4 hereinafter set forth.
[Ord. #409; 1976 Code § 164-2]
In order to protect property or health, the owner or tenant of any property with the Township may trap birds or animals within any building located on the property of which he is the owner or tenant by any means or may trap any bird or animal by means of a cage-type trap commonly called cage trap, cage door trap or live trap, designed to capture animals alive.
[Ord. #409; 1976 Code § 164-3]
Whenever a trap, the use of which is prohibited by Subsection 3-8.1, shall be found within the confines of the Township, the same may be confiscated by any police officer of the Township or by any New Jersey Fish and Game Warden.
[Ord. #409; 1976 Code § 164-4]
The provisions of this section shall not apply to any lands in the Township west of Ramapo Valley Road from the Borough of Oakland border northerly to Route 17, nor shall the provisions of this chapter apply to any lands lying westerly of Route 17 from Ramapo Valley Road to Hillburn on the New York State line.
[Ord. #409; 1976 Code § 164-5]
Violations of this section shall be cognizable before the Judge of the Municipal Court of the Township.
[Ord. #671; 1976 Code § 117-1]
No person shall detain or fail to return any book or article borrowed from the Library of the Township, contrary to the rules and regulations of said public library, after 30 days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the library.
[Ord. #671; 1976 Code § 117-2]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article, or any part thereof, which is owned by or is in the custody of such library.
[Ord. #671; 1976 Code § 117-3]
No person with intent to defraud shall register or furnish a false name or address or use any card other than the one issued to said person or a member of his immediate family for the purpose of borrowing any book or article from the library.
[Ord. #671; 1976 Code § 117-4]
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be subject to a fine not to exceed the sum of $100 or be imprisoned in the County Jail for a term not to exceed 10 days, or both, in the discretion of the Municipal Judge before whom such conviction is obtained.
[Ord. #580; 1976 Code § 74-18]
a. 
No person shall consume or offer to another for consumption alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park or playground or in, on or upon any land or building owned or occupied by the Township, unless otherwise provided under this section.
b. 
No person shall have in his possession or possess any alcoholic beverage in, on or upon any public street, road, alley, sidewalk, park or playground or in, on or upon any land or building owned or occupied by the Township, unless the alcoholic beverage is in its original sealed container with original unbroken tax stamp or unless otherwise provided under this section.
[Ord. #580; 1976 Code § 74-19]
No person shall consume or have in his possession or possess alcoholic beverages or offer to another for consumption any alcoholic beverage in, on or upon any place to which the public at large is generally invited; provided, however, that nothing herein shall be construed to prohibit the consumption or sale of alcoholic beverages within the premises of any establishment having a plenary retail consumption liquor license.
[Ord. #580; 1976 Code § 74-20; New]
The provisions set forth in this section shall not be construed to prohibit the consumption or possession of alcoholic beverages, which are not sold, by Mahwah Volunteer Fire and Ambulance Corps members or their guests within any of the Volunteer Department buildings.
[Ord. #580; 1976 Code § 74-21]
The Township Council shall at all times have the right by resolution to waive, in part or in whole, one or more of the provisions contained in this section, when the Township Council is satisfied that the waiving of such provision shall not adversely affect the Township or substantially impair the intent and purpose of this section.
[Ord. #1194 § II; amended 10-21-2021 by Ord. No. 1953]
a. 
As fully authorized under law, the Township of Mahwah Police Department shall enforce within the Township of Mahwah all provisions in the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1, et seq., that preserve public peace and good order, including but not limited to, the offenses of defiant trespass, N.J.S.A. 2C:18-3b; loitering for the purpose of illegally using, possessing or selling controlled substances, N.J.S.A. 2C:33-2.1; and loitering for the purpose of engaging in prostitution, N.J.S.A. 2C:34-1.1, as each such offense is defined, described, prohibited and penalized under the New Jersey Code of Criminal Justice.
b. 
No person shall inhabit, use or remain in or upon any park, recreation area, playground, building or public property owned or operated, directly or indirectly, or subsidized by the Township of Mahwah of the Recreation Program of the Township of Mahwah from 7:00 a.m. prevailing time, and closing time, one-half hour after sunset. The closing time shall not apply to persons who are specifically engaged in a permitted activity or sport approved by the Township or where the facility is lighted by the Township. Then the recreational facility shall close 15 minutes after the lights are extinguished. The Township Council can grant exceptions for a municipal event or for those events for which a permit application has been submitted in its discretion, pursuant to resolution adopted by the Township Council.
c. 
Violators of any of the provisions of § 3-11a shall be subject to those penalties outlined in the corresponding sections of N.J.S.A. 2C:1-1, et seq.
d. 
Violators of any of the provisions of § 3-11b shall, be subject to the penalties outlined in § 1-5 of the Township Code.
[Editor's Note: Ord. No. 1953 repealed prior § 3-12, Violations and Penalties. History includes Ord. No. 1042 ; Ord. #1194 § I.]
[1]
Editor’s Note: Former § 3-13, Drug-Free School Zones, which contained portions of Ord. #1304 was amended in its entirety by Ord. #1369.
[Ord. #1369, § 1; Ord. #1736]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the map titled "School/Park/Public Housing/Public Library/Public Museum Zones, Drug Free Map" dated October 10, 2013, prepared by Bowswell McClave Engineering, Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of properties which are used (i) for school purposes and which are owned 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; and (ii) for any public housing facility owned or leased by a local housing authority for the purpose of providing accommodations to persons of low income, for any public park owned or controlled by the State, County, or municipality, or for any public building publicly owned or leased as a library or museum, and of the areas within 500 feet of such public housing facilities, public parks, or public buildings.
[Ord. #1369, § 2]
The map approved and adopted pursuant to Subsection 3-13.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes and properties within 500 feet of a public housing facility, public park or building 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. #1369, § 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. #1369, § 4]
The Clerk of the Municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-13.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Bergen County Prosecutor.
[Ord. #1369, § 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 3-13.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools, public housing facilities, public parks and public buildings within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board, State, County or Municipality;
3. 
That such school property is and continues to be used for school purposes, public housing facilities, public park or public building purposes, and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property and within 500 feet of public housing facilities, public parks and public buildings.
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 and all of the property depicted as a public housing facility was used and owned or leased by a local housing authority, and all of the property depicted as a public park was used and owned or controlled by the State, County or Municipality, and all of the property depicted as a public building was used, owned or leased as a library or museum as of June 1, 2000.
c. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, 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 3-13.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or which is owned or leased as a public housing facility, public park or public building 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 properties which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes or owned or leased for public housing, public park or public building purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 and P.L. 1997, c. 327 concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with.
[Added 6-13-2019 by Ord. No. 1862]
[Added 6-13-2019 by Ord. No. 1862]
As used in this section, the following terms shall have the meanings indicated:
DISPOSAL
Has the same meaning as "disposal" as defined in N.J.S.A. 13:1E-3.
SOLID WASTE
Has the same meaning as "solid waste" as defined in N.J.S.A. 13:1E-3.
[Added 6-13-2019 by Ord. No. 1862]
No person shall dispose of solid waste or cause or permit the disposal of solid waste or otherwise engage in the disposal of solid waste within the Township of Mahwah except as may be authorized by the New Jersey Department of Environmental Protection.
[Added 6-13-2019 by Ord. No. 1862]
a. 
The provisions of this § 3-14 shall not apply to the solid waste collection or disposal activities of the Department of Public Works of the Township of Mahwah.
[Added 6-13-2019 by Ord. No. 1862]
Notwithstanding any other penalty provisions in the Township Code for violation of ordinances, the penalty for each violation of this § 3-14 for unlawful solid waste disposal shall be a minimum of $2,500 and a maximum of $10,000.
[Added 7-9-2020 by Ord. No. 1909]
It shall be unlawful within the Township of Mahwah:
a. 
Excluding emergency work, for any residential property owner or tenant to operate powered landscaping and/or yard maintenance equipment between the hours of 8:00 p.m. and 8:00 a.m. on all days.
b. 
Excluding emergency work, for any nonresidential operator (e.g. commercial operator) to operate any power landscaping and/or yard maintenance equipment on any residential, commercial or industrial property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and holidays.
c. 
Excluding emergency work, for any person to perform any construction or demolition activity 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 holidays.
1. 
Terms Defined.
CONSTRUCTION
Any outdoor site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
DEMOLITION
The dismantling, destruction or removal of buildings, structures or roadways.
d. 
Notwithstanding any other requirements, permitted soil movement operations shall comply with the time restrictions set forth in Subsection 28-3.6 of the Township Code.
e. 
For purposes of this section, holidays mean:
New Year's Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
[Added 7-9-2020 by Ord. No. 1909]
The prohibited activities of Subsection 3-15.1 shall not apply to:
a. 
Agricultural activities.
b. 
Emergency work defined as any work or action necessary at the site of an emergency to restore or deliver essential 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 or state of emergency declared by a governing agency.
c. 
Activities of the Township of Mahwah Department of Public Works, Water and Sewer Utility Departments and the Township of Mahwah Police Department, Fire Department and Emergency Services.
d. 
Snow removal.
[Added 7-9-2020 by Ord. No. 1909]
For each violation of any provision of § 3-15 of this Code, the maximum fine shall be as set forth in Chapter 1, General Provisions, Section 1-5 of the Township Code.
[Added 9-23-2021 by Ord. No. 1950]
As used in this section, the following words shall have the following meanings:
EXTERIOR AREA
An area that is not structurally enclosed.
MUNICIPAL BUILDINGS
All structures owned and/or operated by the Township of Mahwah and/or occupied by Township employees and used to conduct official business of the Township of Mahwah.
MUNICIPAL PROPERTY
All property owned by the Township upon which the public is invited or upon which the public is permitted.
MUNICIPAL VEHICLES
All Township-owned and -registered motor vehicles and ride-on equipment, including but not limited to, lawn mowers, tractors, and golf carts used to conduct official business of the Township of Mahwah.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds, athletic fields and parking lots publicly owned by the Township of Mahwah and all property owned by the Township where individuals gather for recreational activities including all areas adjacent to such facilities, including but not limited to any parking area, driveway or drive aisle.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance that contains tobacco and/or cannabis, in any form, and/or any other matter that can be smoked; or the inhaling or exhaling, or aerosolizing, of smoke or vapor from an electronic smoking device.
[Added 9-23-2021 by Ord. No. 1950]
a. 
Smoking shall be prohibited in all Municipal Buildings, Exterior Areas surrounding Municipal Buildings, in accordance with the New Jersey Smoke-Free Air Act (N.J.A.C. 8:6-1.1 et seq.), Municipal Property, Municipal Vehicles, and Parks and Recreational Facilities.
b. 
No-smoking signs referencing the applicable Code provision shall be conspicuously posted where smoking is prohibited, in accordance with law.
[Added 9-23-2021 by Ord. No. 1950]
Any person who violates any provision of this section shall be subject to fine of not less than $250 for the first offense; $500 for the second offense; and $1,000 for each subsequent offense. In addition, any municipal employee found in violation of this section may also be subject to disciplinary action in accordance with the Township's policies and procedures governing discipline.
[Added 9-23-2021 by Ord. No. 1950]
The provisions set forth in this section shall be enforced by the Mahwah Township Police Department or authorized Township employee or agent.