The general power to adopt local police ordinances of
all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties
for violations of ordinances and prescribing maximum penalties is
contained in R.S. 40:49-5.
[Amended 8-23-2021 by Ord. No. 2021-19]
[Amended 8-23-2021 by Ord. No. 2021-19]
As used in this section
Shall mean any contrivance now known or hereafter invented,
used or designated for navigation or for flight in the air. The word
"aircraft" shall include helicopters and lighter-than-air dirigibles
and balloons.
Shall mean a litter storage and collection receptacle.
Shall include, but not be limited to large items of solid
waste which because of their size or weight require handling other
than normally used for municipal waste. Bulky waste includes, but
is not limited to, such auto bodies, demolition or construction materials,
appliances, furniture and drums.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product commodity
or thing.
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales.
Which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind, for which an admission
fee is charged for the purpose of private gain or profit: but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition, or event,
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order; provided that nothing contained in this clause shall be
deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition, or event of any kind, without
a license, where such license is or may be required by any law of
this state, or under any ordinance of this Borough.
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement, and is
distributed or circulated for advertising purposes, or for the private
benefit and gain of any person so engaged as advertiser or distributor.
Shall mean waste building material and rubble resulting from
construction, remodeling, repair, and demolition operations on residential,
commercial and/or industrial structures and/or buildings, pavement
and other structures. The following materials may be found in construction
and demolition waste: treated and untreated wood scrap; tree parts;
tree stumps and brush; concrete; asphalt; bricks, blocks and other
masonry; plaster and wallboard; roofing materials; corrugated cardboard
and miscellaneous paper; dirt; carpets and padding; glass (window
and door); and other miscellaneous materials.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean any collection of solid waste exceeding fifteen
(15) pounds in weight or twenty-seven (27) cubic feet in volume which
is either dumped or caused to be dumped or placed on any property
either public or private, whether or not regularly used, which tends
to create a hazard to the public health, safety and welfare. This
definition shall not include the careless, scattered littering of
smaller individual items.
Shall mean "garbage," "refuse" and "rubbish" as defined herein
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper entered with the Post Office Department
of the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition, shall include any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
Shall mean a park, reservation, playground, recreation center
or any other public area in the Borough, owned or used by the Borough
and devoted to active or passive recreation.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any dwelling house, building, or other structure,
designed or used either wholly or in part for private residential
purposes, whether uninhabited or temporarily or continuously inhabited
or vacant, and shall include, but not be limited to, any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building, or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds, and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper wrappings, cigarettes, yard clippings, cardboard, tin cans, wood, glass, bedding, crockery and similar materials. For the purposes of § 3-1.4, the word rubbish shall also include leaves.
Shall include, but not be limited to, municipal wastes (household,
commercial or industrial), bulky waste (appliances, furniture, vehicles,
vehicles parts, rubber tires), demolition waste (residential, commercial
and/or industrial), and/or vegetative waste (plant stalks, hulls,
leaves, tree wastes processed through a wood chipper, tree parts,
grass clippings, shrubbery and/or garden wastes).
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[Amended 8-23-2021 by Ord. No. 2021-19]
a.
No person shall throw, drop, discard, put or place, or cause or permit
to be thrown, dropped, discarded, put or placed, any solid waste,
rubbish, refuse, garbage, ashes, paper, dirt, cinders, substance,
matter or thing upon any street, sidewalk, or public property other
than in a litter receptacle, or having done so, to allow such litter
to remain.
b.
Whenever any litter and/or solid waste is thrown or discarded or
allowed to fall from a vehicle in violation of this chapter, the operator
or owner, or both, of the motor vehicle shall also be deemed to have
violated this Chapter
c.
Illegal
Dumping of Solid Waste Prohibited. It shall be unlawful for any person
to discard or dump any household or commercial solid waste, rubbish,
refuse, junk vehicle or vehicle parts, rubber tires, appliances, or
furniture in any place not specifically designated for the purpose
of solid waste storage or disposal.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough the accumulation of litter,
solid waste, refuse, or rubbish from any building or lot or from any
public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their premises free of
litter. Notwithstanding anything in this subsection to the contrary,
it shall be permissible to rake leaves into the gutter on any street
or road in the Borough for purposes of collection and disposal by
the street department during the fall of each year but not after December
1. Raking or depositing leaves in any gutter except during the aforesaid
period of time shall be a violation of the provisions of this section.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Borough the accumulation of litter, solid waste, refuse, or rubbish
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying places of business within the
Borough shall keep the sidewalk in front of their business premises
free of litter, solid waste, refuse, or rubbish. Nothing herein shall
prevent the sweeping of leaves into the street during the periods
officially designated or announced by the Borough Administrator as
periods for the collection of such leaves.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough, or upon private property.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person shall drive or move any truck or other vehicle within
the Borough unless the vehicle is so constructed or loaded as to prevent
any load, contents or litter and/or solid waste from being blown or
deposited upon any street, alley or other public place; nor shall
any person drive or move any vehicle or truck within the Borough,
the wheels or tires of which carry onto or deposit on any street alley
or other public place, mud, dirt, sticky substances, litter or foreign
matter of any kind.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person shall throw or deposit litter, solid waste, refuse,
or rubbish in any park within the Borough except in public receptacles
and in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or
upon any street or other public place. Where public receptacles are
not provided, all such litter shall be carried away from the park
by the persons responsible for its presence and properly disposed
of elsewhere.
No person shall throw or deposit litter in any fountain, pond,
stream or any other body of water within the Borough.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough. Nor shall any person hand out or distribute or sell any
commercial handbill in any public place, provided that it shall not
be unlawful for any person to hand out or distribute, without charge
to the receiver, any noncommercial handbill to any person willing
to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle, provided that it shall not be unlawful
in any public place for a person to hand out or distribute without
charge to the receiver, a noncommercial handbill to any occupant of
a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises, if requested
by anyone thereon not to do so, or if there is placed on the premises
in a conspicuous position near the entrance thereof, a sign bearing
the words "No Trespassing," "No Peddlers or Agents," "No Advertisement,"
or any similar notice indicating in any manner that the occupants
of the premises do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills left upon the premises.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting the handbill directly to the owner,
occupant or other person then present in or upon the private premises,
provided that in cases of inhabited private premises which are not
posted, the person, unless requested by anyone upon the premises not
to do so, may place or deposit any handbill in or upon the inhabited
private premises, if the handbill is so placed or deposited as to
secure or prevent the handbill from being blown or drifted about the
premises or sidewalks, streets, or other public places, except that
mailboxes may not be so used when so prohibited by federal postal
law or regulations.
The provisions of this section shall not apply to the distribution
of mail by the United States, nor to newspapers, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place, or upon private property.
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or other object.
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person shall throw or deposit litter, solid waste, refuse,
or rubbish on any occupied private property within the Borough, whether
owned by that person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property.
[Amended 8-23-2021 by Ord. No. 2021-19]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, solid waste, refuse,
or rubbish provided that this subsection shall not prohibit the storage
of litter in authorized private receptacles for collection.
[Amended 8-23-2021 by Ord. No. 2021-19]
No person shall throw or deposit litter, solid waste, refuse,
or rubbish on any open or vacant private property within the Borough
whether owned by that person or not.
[Amended 8-23-2021 by Ord. No. 2021-19]
a.
Enforcement.
This chapter shall be enforced by Borough Police Officers or Borough
Health Officer.
b.
Notice To Remove. The health officer or the police chief is authorized
and empowered to notify the owner or tenant of any lands within the
Borough or the agent of such owner or tenant, to properly dispose
of litter, solid waste, refuse, or rubbish located on the owner or
tenant's lands which is dangerous to public health, safety or welfare.
The notice shall be given by personal service, or by certified mail
addressed to the owner, at his last known address.
c.
Action upon Noncompliance. Upon the failure, neglect or refusal of
any owner or tenant or any agent of the owner or tenant so notified
to properly dispose of litter, solid waste, refuse, or rubbish dangerous
to public health, safety or welfare within ten days after receipt
of written notice, or within 15 days after the date of such notice
in the event the notice is returned to the Flemington Post Office
because of its inability to make delivery, provided it was properly
addressed to the last known address of the owner, tenant, or agent,
the litter, solid waste, refuse, or rubbish shall be removed from
the lands in question under the direction of the health officer or
police chief.
d.
Charges Included in Tax Bill. In all cases where the Borough has
affected the removal of litter, solid waste, refuse, or rubbish or
has paid for its removal under the direction of the health officer
or the police chief, the health officer or police chief, whichever
the case may be, shall certify the cost to the Borough Council. The
Council shall examine the certificate, and if found correct shall
charge the cost shown against the lands involved. The amount charged
shall forthwith become a lien upon the lands and shall be added to
and become part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner
as taxes.
e.
Penalties for Littering. Any person who violates this chapter shall be subject to the fines and penalties set forth in Chapter 2, Attachment 1, Schedule A of this Code, in the discretion of the Judge imposing the same as follows:
f.
Penalties
for Illegal Dumping. In addition to the cost of removal of the solid
waste, refuse, or rubbish, any person who shall violate any of the
provisions of this chapter or any other order promulgated hereunder
shall, as it relates to illegal dumping of solid waste, upon conviction,
be subject to a fine of not less than $2,500 and not exceeding $10,000.
Each day that a violation continues shall constitute a separate violation.
[1]
Editor's Note: Former § 3-2, Loitering, previously codified
herein and containing portions of Ordinance 3/27/72 and Ordinance
No. 17-1978, was repealed in its entirety by Ordinance No. 2003-31.
The purpose of this section is to promote the public peace,
morals and welfare of the residents of the Borough by prohibiting
and barring any individual or entity from defacing, destroying or
otherwise damaging private or public property without the owner's
consent by application of graffiti, and requiring the prompt removal
of graffiti by the owner of the property on which an unlawful application
of graffiti has occurred.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the unlawful application of any drawing, inscription,
figure or make upon any structure, wall, rock, bridge, building, fence,
gate, roadway, tree or other real or personal property, either privately
or publicly owned.
Shall mean any device including a spray paint container or
indelible marker that can be used to apply any non-water soluble solution
to any surface described in the definition of "graffiti" hereof.
Shall mean any spray paint container of six ounces or less.
Shall mean any felt tip marker, china marker or similar device
that is not water-soluble and which as a flat or angled writing surface
of one-half inch or greater.
Shall mean any person under the age of 18 years.
Shall mean any receptacle, whether or not aerosol, holding
paint that can be used to apply paint to any surface described in
the definition of "graffiti" hereof.
a.
Prohibited Conduct. It shall be unlawful for any person to deface,
destroy or otherwise damage private or public property without the
owner's consent, by or through the application of what is commonly
known as "graffiti."
b.
Possession of Graffiti Tools Prohibited. It shall be unlawful for
any person to have in his or her possession any spray paint container,
indelible marker or other graffiti tool while on public or private
property, without the consent of the respective owner of such property,
in a manner that warrants a justifiable and reasonable alarm or immediate
concern for the safety of property in the vicinity. Among the circumstances
which may be considered by the enforcement officer in determining
whether such alarm or immediate concern is warranted is the fact that
the person takes flight upon appearance of an enforcement officer,
refuses to identify him or herself or manifestly endeavors to conceal
him or herself or the graffiti tool. Prior to any citation being issued
to a person for a violation of this chapter, such person shall be
afforded an opportunity by the enforcement officer to dispel any alarm
or immediate concern which would otherwise be warranted by requesting
him or her to identify himself or herself and explain his or her presence
and conduct.
a.
Sale to Minors.
1.
No person or entity shall sell or otherwise transfer any indelible
marker or spray paint container other than a hobby-sized paint container
to a minor, unless said minor is accompanied by parent or legal guardian
at time of purchase or transfer.
2.
No minor shall, at the time of purchase of items specified in Subsection a., knowingly furnish fraudulent evidence of his or her majority, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a Federal, State, County or municipal government.
b.
Display and Sale Requirement.
1.
No person or entity shall sell or offer for sale, transfer or offer
to transfer any spray paint container, including hobby-sized paint
containers, unless such spray paint container is held for sale or
transfer in an enclosed device which is constructed to prevent removal
of the merchandise except by authorized attendants or is stored, out
of sight, in such a way as to prevent free access to the merchandise
by the public. The merchant may, at its discretion, utilize a line-of-sight
display. To qualify as a line-of-sight display, the products must
be easily and readily observed by the retail personnel at all times.
To accomplish line-of-sight requirements, a retailer may utilize placement
of personnel workstations, mirrors or cameras or other such devices
or arrangements acceptable to the Borough enforcement officials to
ensure surveillance of the product.
2.
Every person or entity selling spray paint or indelible markers shall
place a sign in clear public view at or near the display of such a
product stating:
IT IS A CRIME TO SELL OR OTHERWISE CONVEY AEROSOL SPRAY PAINT
OR WIDE-TIPPED MARKERS TO PERSON UNDER 18 YEARS OF AGE IN THE BOROUGH
OF FLEMINGTON AND IS PUNISHABLE BY A FINE OF UP TO $2,000. OR IMPRISONMENT
NOT TO EXCEED 90 DAYS INCLUDING A SENTENCE OF COMMUNITY SERVICE.
a.
Graffiti Trust Account. A Graffiti Trust Account maintained by the
Borough specifically for the remediation of graffiti on public property
within the Borough is hereby created. The Mayor and chief financial
officer shall control the allocation of the funds in the Graffiti
Trust Account for the remediation of graffiti within the Borough,
which shall include cleaning, repairing, painting or otherwise restoring
the damaged public and private property to the condition existing
prior to any remediation. Any remediation of public or private property
subjected to graffiti may be funded by the Graffiti Trust Account
at the discretion of the Mayor and/or chief financial officer. Any
private property that has been subjected to graffiti is eligible for
remediation through the Graffiti Trust Account only up to the amount
of $500.
b.
Reward Program. Any person who shall provide information which leads
to the arrest and conviction of a violator of this section is entitled
to receive from the Borough a reward of $500. The Mayor, or his/her
designee, shall determine whether a particular reward shall be divided
among persons based on the information provided; but in no event shall
the total reward relating to a particular violation exceed $500. No
person employed by the Borough shall be eligible for such reward.
a.
Property Owner to Remove Graffiti. It shall be unlawful for any person,
firm, public agency or utility owning, or acting as manager or agent
for the property, whether privately or publicly owned, or permit the
application of or fail to remove any graffiti from the property within
30 days of receipt of notice from the Borough to remove such graffiti.
If the person, firm, public agency or utility owning, or acting as
manager or agent for the owner of such property fails to remove the
graffiti timely, the Borough shall cause the graffiti to be removed
and charge the property owner for the expenses incurred. Failure of
the property owner to pay the Borough shall result in the charges
being placed as a municipal lien upon the property as permitted by
statute.
b.
The Borough police officers and code enforcement officers are hereby authorized to enforce the provisions of this section, including the issuance of summonses and notices required under Subsection c hereof.
c.
Notice to Remove Graffiti. Whenever the Borough becomes aware of
the existence of graffiti on any property, including structures or
improvements within the Borough, a code enforcement officer or a police
officer shall give, or cause to be given, notice to the property owner
and/or owner's agent or manager to remove such graffiti therefrom.
Such notice shall be in writing, delivered by certified and regular
mail, and shall be made in substantially the following form:
|
NOTICE OF ORDER TO REMOVE
GRAFFITI FROM PROPERTY
|
|
TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY
HEREINAFTER DESCRIBED
|
|
|
|
(Property Address, Block and Lot)
|
|
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF ORDINANCE
2007-15 AND CHAPTER 3.2 OF THE CODE OF THE BOROUGH OF FLEMINGTON,
A COPY OF WHICH ORDINANCE IS ON FILE IN THE OFFICE OF THE BOROUGH
CLERK, IN THE MUNICIPAL BUILDING. PURSUANT THERETO, YOU ARE HEREBY
NOTIFIED THAT A CERTAIN UNSIGHTLY CONDITION EXISTS — NAMELY
GRAFFITI — ON YOUR PROPERTY WHICH INJURES NEIGHBORING
PROPERTY AND THE PUBLIC HEALTH, SAFETY AND WELFARE.
| ||
|
YOU ARE HEREBY FORMALLY NOTIFIED THAT YOU MUST IMMEDIATELY, BUT IN NO EVENT LATER THAN WITHIN THIRTY DAYS FROM THE
DATE OF THIS NOTICE, REMOVE SUCH GRAFFITI FROM THE PROPERTY
AND THEREAFTER KEEP THE PROPERTY FREE THEREFROM.
| ||
|
IN THE EVENT YOU FAIL TO COMPLETE THE REMOVAL WITHIN THE TIME INDICATED HEREIN, THE UNDERSIGNED SHALL CAUSE THE
SAME TO BE REMOVED AND YOU WILL BE RESPONSIBLE FOR THE COST OF THE
BOROUGH'S REMOVAL OF THE UNSIGHTLY CONDITION FROM THE PROPERTY, INCLUDING
IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
| ||
|
YOU MAY BE ELIGIBLE FOR REMEDIATION OF COSTS TO COMPLETE REMOVAL
FROM THE FLEMINGTON BOROUGH GRAFFITI TRUST ACCOUNT PROGRAM. YOU MAY
CONTACT THE BOROUGH CLERK FOR MORE INFORMATION OR TO DETERMINE YOUR
ELIGIBILITY.
| ||
|
SIGNED:
|
TITLE:
| |
|
NAMED:
|
DATE:
| |
|
***
|
|
ONCE THE GRAFFITI HAS BEEN REMOVED, YOU MUST SIGN A COPY OF
THIS NOTICE WHERE INDICATED BELOW AND RETURN TO THE MUNICIPAL CLERK
OF THE BOROUGH, NO LATER THAN 30 DAYS AFTER THE DATE OF THIS NOTICE,
INDICATING AND CERTIFYING BY YOUR SIGNATURE THAT THE GRAFFITI HAS
BEEN REMOVED, ANY OBJECTION TO THIS NOTICE MUST BE MADE IN WRITING
BY PERSONAL DELIVERY OR CERTIFIED MAIL WITHIN 30 DAYS OF THE DATE
OF THIS NOTICE.
|
|
Certification by Property Owner
|
|
I hereby certify that the unsightly condition — namely
graffiti — at the property indicated above has been
removed. I certify that the foregoing statement made by me is true
and accurate to the best of my knowledge. I am aware that if the foregoing
statement made by me is willfully false, I am subject to punishment.
I understand that my signature affixed hereto shall serve as my certification,
which signature shall be the same as making a statement under oath,
and the making of this certification is subject to the same penalties
as provided by law for perjury.
|
|
Signed: _________________________________________________
|
|
Name: __________________________________________________
|
|
Date: ___________________________________________________
|
a.
Parental Responsibility. Any act in violation of the provisions of
this section committed by a minor under the age of 18 years shall
be imputed to that minor's parent or legal guardian. A parent or guardian
of a minor who violates any provision shall be liable for payment
of any fines and the expense of restitution.
b.
If a property owner does not undertake the removal of graffiti within 30 days of the date of written notice provided by the Borough to the owner, or in the case of the Department of Transportation — within 120 days of the date of written notice, unless an action challenging the notice and order to remove is still pending before a court of competent jurisdiction, the Borough shall undertake removal of the graffiti from the property, and the property owner shall be deemed in violation of this section and shall be subject to a mandatory fine of $50 to be paid by the property owner to the Graffiti Trust Account. Thereafter, the Borough shall present the property owner, by regular and certified mail, with a detailed itemization of the costs incurred by the Borough — which shall include the mandatory fine of $50 — and the Borough shall direct the property owner to reimburse the costs listed. If the property owner does not pay the costs within 30 days of the date of notice of itemized costs, the Borough shall assess the cost of removal as a municipal lien against the property, after certification thereto to the taxing authority. Any private property owner subject to this provision shall be entitled to full restitution for graffiti clean-up costs in the event the offender who caused the unsightly condition is apprehended and convicted, in accordance with Subsection c hereof.
c.
Any person committing a violation of any provision of § 3-2.3 shall be punished by:
For a first offense, a mandatory fine of $1,000, plus full monetary
restitution to restore the damaged property to its original, undamaged
condition.
For a second or subsequent offense, a mandatory fine of $2,000,
plus imprisonment for a term of up to 90 days, plus full monetary
restitution to restore the damaged property to its original, undamaged
condition.
In all cases, the affected property owner shall establish the
cost of restitution subject to judicial review.
d.
Any person committing a violation of any provision of § 3-2.4 shall be punished by:
A fine of up to $2,000, or imprisonment for a term of up to
90 days, or both. In lieu of imprisonment, the judge may impose a
sentence of community service of up to 90 days.
Said convicted individual shall also make full monetary restitution
to restore the property to its original undamaged condition. The affected
property owner shall establish the cost of restitution, subject to
judicial review.
The chief financial officer shall report annually to the Borough
Council on the status of the Graffiti Trust Account. At the very least,
such report shall include the amount currently in the fund, and the
amount allocated to graffiti remediation of the past year.
The administrative and legislative branches of this government
shall endeavor to have the municipalities in close territorial proximity
with the Borough of Flemington adopt legislation prohibiting the conduct
as set forth in this chapter.
[Amended 9-27-2021 by Ord. No. 2021-22]
Shall mean any vehicle propelled otherwise than by muscular
power, including vehicles which run upon rails or tracks, which are
found in any public street, highway or lands and either not bearing
current registration plates or, if bearing current registration plates,
remaining stationary and unused on the public street, highway or lands
for more than 14 days consecutively. Said definition shall include
junk vehicles remaining stationary and unused on a public street,
highway, or lands for more than 14 consecutive days.
Shall mean a motor vehicle incapable of being operated safely
or of being put in a safe operational condition except at a cost in
excess of the value thereof.
No person shall abandon a motor vehicle upon the public streets,
highways and lands.
[Amended 9-27-2021 by Ord. No. 2021-22]
a.
All abandoned
motor vehicles shall be taken in possession by the Police Department
(or towing contractor at the direction of the Police Department) and
removed to a storage place.
[Amended 11-8-2021 by Ord. No. 2021-27]
b.
Abandoned Vehicles. If an abandoned vehicle is unclaimed by the owner
or other person having legal right thereto for a period of 20 business
days, the towing contractor shall notify the Chief of Police or his
designee that the vehicle has been held for the statutory time and
that the vehicle is ready for sale pursuant to N.J.S.A. 39:10A-1 and
39:10A-4.
c.
Junk Vehicles. If a junk vehicle is unclaimed by the owner or other
person having legal right thereto for a period of 15 business days,
the towing contractor shall notify the Chief of Police or his designee
that the vehicle has been held for the statutory time and that the
vehicle is ready for sale. The Borough shall supply titles for abandoned
junk vehicles in accordance with N.J.S.A. 39:10-1 and 39:10-3.
d.
Conduct of Sale. The towing contractor shall notify the Chief of
Police of the make, model and vehicle identification number of any
towed vehicle held in storage which remains unclaimed for 30 days
or more. Sales of all junk and abandoned vehicles shall be conducted
in accordance with the provisions of N.J.S.A. 39:10A-1 et seq.
[Amended 11-8-2021 by Ord. No. 2021-27]
e.
Proceeds from Sale. Proceeds from the sale of junk or abandoned vehicles
shall be used to satisfy any towing or storage charges which may have
accumulated on the subject vehicle. If the proceeds are insufficient
to cover the accumulated costs, such excess cost shall be waived by
the towing contractor or title agent and no further funds will be
due from the Borough or the purchaser of the vehicle. This section
will be administered in accordance with N.J.S.A. 39A:10-1 et seq.
Excess proceeds shall be split between the Borough and towing contractor.
[Amended 11-8-2021 by Ord. No. 2021-27]
f.
Failure to Follow Statutory Procedures. Any towing contractor found
to be disposing of vehicles in violation of this procedure will be
charged with misapplication of entrusted property (N.J.S.A. 2C:21-15)
and will be prohibited from providing service for the Borough.
g.
Rights of Owners.
1.
The owner of any vehicle towed shall have the right to remove property
belonging to him or her from the stored vehicle unless a "police hold"
is marked on the towing form.
2.
The vehicle owner or his or her authorized representative shall have
the right to take photographs of stored vehicles.
3.
If the Police Department receives any complaints arising from the
towing and storage of motor vehicles required by the Borough without
the consent of the owner, such complaints shall be heard and decided
by the Chief of Police or his designee.
h.
Public Inspection. This chapter, all regulations adopted by the Police
Chief and the fee schedules of individual towers and title agents
shall be available to the public during normal business hours.
i.
Liability of Borough. There shall be no privity of contract between
the Borough and any towing operator on the rotation list or agent
authorized to apply for junk or saleable vehicle titles and utilized
by the Police Department pursuant to this section. Except to the extent
that the Borough will use the proceeds from the sale of abandoned
and junk vehicles to satisfy towing and storage charges pursuant to
this section, the Borough will not be liable for any towing or storage
or related charges for services rendered pursuant to this chapter.
Every owner or tenant of any lands adjoining public streets
within the Borough shall remove all snow and ice from the abutting
sidewalks of the street, marked crosswalks and fire hydrants, within
12 hours of daylight after the same shall fall, be formed or accumulate
on such sidewalks, marked crosswalks and fire hydrants.
When the owner or tenant of any real estate fails to remove snow and ice from the abutting sidewalks of the street, marked crosswalks and fire hydrants, it may be removed by the Borough under the direction of the street department. The official in charge of the street department shall certify to the Borough Council the cost of the removal. The Borough Council shall examine such certificate and, if found to be correct, shall charge the cost against the real estate abutting the sidewalk, marked crosswalks and fire hydrants, and the amount shall become a lien and tax on the real estate and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest, in the same manner as other taxes. The cost of removal shall be in addition to any penalties imposed for a violation of § 3-4.1.
No person, firm or corporation, shall throw, place or deposit
any snow or ice into or upon any street or marked crosswalk or upon
any fire hydrants wherever located in the Borough of Flemington, it
being the intent and purpose of this provision to prohibit all persons
from throwing, casting, shoveling, plowing or depositing snow and
ice which has accumulated on private property within the Borough into
or upon streets.
a.
Any person who owns or controls a parking area which is open to the
public or to which the public is invited and which contains special
parking spaces for the use of persons who have been issued a placard
or wheelchair symbol license plates pursuant to P.L. 1949, C280 (C.39:4-204
et seq.) shall be responsible for assuring that access to these parking
spaces and to curb cuts or other improvements designed to provide
accessibility for handicapped persons is not obstructed.
b.
If snow or ice is obstructing the special parking space, curb cut
or other improvement designed to provide accessibility for the handicapped,
it shall be removed within 12 hours of daylight after the same shall
fall, be formed or accumulate in such spaces, curb cuts or improvements.
c.
A person who violates this act shall be liable for a penalty of not
less than $200 or more than $500.
It shall be the duty of the owner, tenant or person in possession
of any lands in the Borough to:
a.
Keep all brush, hedges or other plant life, growing within ten feet
of any roadway and within 25 feet of the intersection of two roadways,
cut to a height of not more than three feet where it shall be necessary
and expedient for the preservation of public safety.
b.
Keep the lands free of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, where
the same are inimical to the preservation of public health, safety
or general welfare of the Borough, or which may constitute a fire
hazard.
It shall be the duty of the owner, tenant or person in possession
of any lands in the Borough to collect and remove the leaves in front
of their properties.
After an investigation of any complaint of a resident, officer
or employee of the Borough relative to a violation of this section,
or upon his own motion, the police chief shall make a written report
of the conditions complained of to the Council at its next regular
meeting. If the reported conditions are found to exist, the Council
shall direct the clerk to notify the owner, tenant or person in possession
of the lands complained of, in writing, either personally or by registered
mail, to remove such leaves within ten days after receipt of the notice.
The police chief shall reinspect the lands in question after the ten
day period expires and report, in writing, to the Council at its next
regular meeting whether the condition complained of has been abated
or remedied.
If the owner, tenant or person in possession of the lands in
question fails to abate the condition complained of within ten days
after receipt of notice, the police chief shall cause the condition
complained of to be abated and shall certify the cost to the Council,
which shall examine the certificate and, if it is correct, cause the
cost as shown thereon to be charged against the lands. The amount
so charged shall become a lien upon the lands and shall be added to
and become a part of the taxes next to be assessed and levied upon
the lands, shall bear interest at the same rate as taxes, and shall
be collected and enforced by the same officer and in the same manner
as taxes. Costs shall be in addition to any penalties imposed for
any violation of this section.
No person shall burn any leaves within the Borough, on either
public or private property.
No person shall throw any stone, stick, or other hard or offensive
substance, or shoot any device at, into or upon any street, sidewalk,
curb, alley, highway, park or other public place, quasi-public place
or place to which the public is invited, or into any car, vehicle
or private property not his own, which may cause injury or damage
to any person or property using or being in or upon the same.
No person shall ride a bicycle or skateboard upon any sidewalk
in the Borough.
[Added 6-12-2023 by Ord. No. 2023-20]
a.
DANGEROUS GOODS
DISORDERLY ASSEMBLAGE
PARENT OR GUARDIAN
PUBLIC PLACE
Definitions. As used in this section, the following words shall have
the meanings indicated:
Any item of movable property, material, matter, or substance
that when possessed, consumed, transported, or otherwise handled is
a risk to the health or safety of any person, public place, or the
environment.
Any two or more persons gathered together and acting in a
boisterous, noisy, riotous, offensive, disorderly or threatening manner
toward each other or others or committing any acts which in any way
breach or disturb the peace or tend to breach or disturb the peace.
Any adult person having care or custody of a minor, whether
by reason of blood relationship, court order, or otherwise.
Any place to which the public has access, including but not
limited to any street, highway, road, alley or sidewalk. This definition
shall also include the front or neighborhood of any store, shop, restaurant,
tavern or other place of business, public grounds, public areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
subsection, or, in the case of a minor, not owned or under the control
of the minor's parent or guardian.
b.
Unlawful Acts.
1.
Prohibited Conduct. All acts constituting lewd, immoral, or indecent
conduct, unlawful destruction of property, willful injuries to or
unlawful interference with persons, hazards to the public health,
and breaches or disturbances of the peace are severally prohibited.
2.
Prohibited Possession, Distribution, or Consumption of Dangerous
Goods. All acts which involve any person possessing, distributing,
or consuming dangerous goods, as defined in paragraph a.
3.
Placing Obscene Words or Figures on Buildings. No person shall write
or cause to be written any lewd, indecent, or obscene word or mark
whatsoever or draw or cause to be drawn any lewd, indecent, or obscene
figure upon any house, building, wall, fence or other place in the
Borough. No person shall deface or damage any building or other structure
owned by any person or public entity by placing thereon any graffiti,
epigraph, or inscription without the consent of the owner of the building
or structure.
4.
Disturbing Lawful Assemblies. No person shall at any time or place
willfully disquiet, interrupt, or disturb any assembly of people met
for a lawful purpose, either by making a noise or by rude, disorderly
or indecent behavior or profane language, either within the place
of meeting or out of it, so near as to disturb the order and solemnity
of the meeting.
5.
Obstructing or Threatening Persons. No person shall willfully obstruct,
molest, hinder, annoy, frighten, threaten, insult, or interfere with
any other person lawfully upon any public thoroughfare, in any public
place, or in any automobile, bus, or other public or private conveyance
which is lawfully upon any public thoroughfare.
6.
Interference with Retail or Wholesale Practices. No person shall
purposely interfere with, hinder, disturb, or obstruct any retail
or wholesale business operation, function or activity, nor shall any
person purposely interfere with, hinder, disturb or obstruct any retail
or wholesale business owner, employee, agent or personnel acting in
the furtherance of the interests of that business, with the intent
to prevent, undermine or otherwise obstruct the lawful retail or wholesale
practices of the business. This subsection does not apply to conduct
considered lawful competitive economic practices.
c.
Violations and penalties; enforcement. Any person violating any provision
of this section shall be liable for a fine not exceeding $2,000 and/or
imprisonment of up to 90 days in county jail and/or up to 90 days
of community service.
No person shall obstruct the free and lawful passage of pedestrians
and vehicles on the streets and sidewalks of the city by placing thereon
any goods, wares, merchandise or other articles of trade or sale,
or in any other manner whatsoever.
This section shall not apply:
a.
Where the obstruction is caused by the loading or unloading of goods,
wares or merchandise to and from vehicles in such a manner as to cause
a minimum of obstruction which is necessary and unavoidable.
b.
To receptacles for garbage, ashes or refuse lawfully placed on or
in sidewalk areas for collection.
The police department is given full power and authority to prevent
obstructions in violation of this section and to remove any such obstruction
after giving to the owner of the premises abutting the area so obstructed
a reasonable notice to remove the obstruction.
As used in this section the following words and phrases shall
have the meanings respectively ascribed to them, except in those instances
where the context clearly indicates a different meaning:
a.
Street or highway the entire width between the boundary lines of
a way publicly maintained when any part thereof is open to the public
for purposes of vehicular travel.
b.
Roadway that portion of a highway improved, designed or ordinarily
used for vehicular travel.
c.
Sidewalk that portion of a street or highway intended for the use
of pedestrians, between the curb line or the lateral line of a shoulder,
or, if none, the lateral line of the roadway, and the adjacent right-of-way
line.
e.
Vehicle every device in, upon or by which a person or property is,
or may be, transported upon a highway excepting devices moved by human
power.
f.
Bicycle a two-wheeled device in, upon or by which a person or property
is or may be transported and that is propelled by human power.
When a roadway is designated as a bicycle route, the width and
location of the bicycle route on the roadway shall be four feet in
width, measured from the curb line, or if there be no curb line, four
feet from the lateral line of the roadway, paralleling the right-of-way
line.
The following roadways, sidewalks and paths are hereby designated
as routes for bicycle travel, and as such, they shall be known as
bicycle routes:
Editor's Note: The street name of Central Avenue was changed
to Central Station by Ord. No. 2021-21.
a.
Roadways.
|
Roadway
|
Side
|
Location
|
|---|---|---|
|
North Main Street
|
South
|
Between Borough line and Park Avenue.
|
|
Park Avenue
|
West
|
Between North Main Street and Mine Street.
|
|
Capner Street
|
North
|
Between Park Avenue and Borough line.
|
|
Capner Street
|
South
|
Between Borough line and Park Avenue.
|
|
Mine Street
|
South
|
Between Borough line and Park Avenue.
|
|
New Jersey Route 12
|
North
|
Between South Main Street and Brown Street.
|
|
Central Avenue
|
West
|
Between Mine Street and Church Street.
|
|
Church Street
|
South
|
Between Central Avenue and the Borough line.
|
|
Broad Street
|
East
|
Between Church Street and Williams Street.
|
|
Williams Street
|
South
|
Between Broad Street and Elwood Avenue.
|
|
Elwood Avenue
|
East
|
Between Williams Street and New Jersey Avenue.
|
|
New Jersey Avenue
|
North
|
Between Elwood Avenue and East Main Street.
|
|
Hopewell Avenue
|
North
|
Between East Main Street and North Main Street.
|
|
North Main Street
|
North
|
Between Hopewell Avenue and the Borough line.
|
|
Brown Street
|
Both
|
Between Church Street and Route 12.
|
|
South Main Street
|
Both
|
Between Route 12 and the Borough line.
|
b.
Sidewalks. None.
c.
Paths. None.
The common Council may, from time to time by resolution, designate
any other roadway, sidewalk, or path as a temporary bicycle route
and may rescind any such temporary designation.
Subject to the approval of the State Commissioner of Transportation,
where required, signs shall be installed in connection with bicycle
routes as follows:
a.
Route Markers. All bicycle routes shall be marked by standard white on green "Bike Route" marker signs as approved by the National Joint Committee on Uniform Traffic Control Devices. Where a private street, way or path is designated as a bicycle route, the words "Private Street (or Way), Use At Own Risk" shall be placed below each pertinent route marker sign. Where a temporary bicycle route is designated pursuant to § 3-10.4, the word "Temporary" shall be placed below each pertinent route marker sign.
b.
Cyclist Dismount Signs. A black on white rectangular sign directing
cyclists to dismount shall be installed at such locations along a
bicycle route to temporary bicycle route as the Council may, by resolution
from time to time, direct.
c.
Other Cyclist Signs. The common Council may by resolution authorize
the installation along a bicycle route of such other signs addressed
to cyclists as it may deem appropriate.
d.
Bicycle Crossing Signs. Standard black on yellow "Bike Xing" warning
signs as approved by the National Joint Committee on Uniform Traffic
Control Devices shall be installed at locations designated by resolution
of the common Council.
e.
Pavement Markings. When a portion of a roadway is designated as a
bicycle route, such route shall be marked with a bright paint stripe
approximately six inches in width, which stripe shall be located at
its closest point, four feet from the curb line, or if there be no
curb line, then four feet from the lateral line of the roadway.
a.
Keeping to Right, Single File, Passing. Every person operating a
bicycle upon a bicycle route shall ride as near to the right side
of the bicycle route as practicable, exercising due care when passing
a stationary object, or person, or one proceeding in the same direction.
Persons riding bicycles upon a bicycle route shall ride in single
file.
b.
Signaling when Passing. Every person operating a bicycle upon a bicycle
route shall give reasonable warning by an audible signal before passing
a stationary person or a person proceeding in the same direction.
c.
Dismounting When Required. Every person operating a bicycle upon
a bicycle route shall dismount at such locations posted with "Cyclist
Dismount" signs.
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of any provision of the provisions of § 3-10.6, shall be liable to a penalty of not more than $25.
Nothing herein shall be construed as dedicating for exclusive
use by cyclists bicycle routes designated over and across roadways.
For violation of any provision of this Code, or any other ordinance
of the Borough of Flemington, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be a fine not exceeding $1,000
or imprisonment in the county jail for a period not exceeding 90 days,
or both, or to a period of community service not exceeding 90 days
at the discretion of the municipal court judge. (N.J.S.A. 40:49.5)
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter or any other ordinance
of the Borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or violation.
The Borough Council may prescribe that, for the violation of
any particular Code provision or ordinance, at least a minimum penalty
shall be imposed which shall consist of a fine which may be fixed
at an amount not exceeding $100 dollars. (N.J.S.A. 40:49-5)
Any person violating the parking provisions of this revision,
or aiding, abetting or assisting in the violations of these provisions
shall upon conviction before a judge be fined not more than $50 or
imprisonment for a term not exceeding 15 days or both.
The police department may have any vehicle parked in violation
of this chapter towed away at the expense of the owner.
In the event that a vehicle is towed away for illegal parking,
it shall be stored in a safe place and shall be restored to the owner
or operator of the vehicle upon payment of towing costs within 24
hours of the time the vehicle was removed, plus $5 for each additional
24 hours or fraction thereof that the vehicle remains in storage.
The location of vehicles which have been towed away may be ascertained
by requesting such information from the Borough police department.
a.
The word juvenile means an individual who is under the age of 18
years.
b.
The word guardian means a person, other than a parent, to whom legal
custody of the juvenile has been given by court order or who is acting
in the place of the parent or is responsible for the care and welfare
of the juvenile.
c.
The word public place means any place to which the public has access,
including but not limited to a public street, road, thoroughfare,
sidewalk, bridge, alley, plaza, park, recreation or shopping area,
public transportation facility, vehicle used for public transportation,
parking lot or any other public building, structure or area.
a.
No juvenile shall be on or in a public place between the hours of
10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent
or guardian.
b.
No parent or guardian of a juvenile shall allow such juvenile to
be on or in a public place between the hours of 10:00 p.m. and 6:00
a.m. unless accompanied by the juvenile's parent or guardian.
The prohibitions of § 3-12.2 shall not apply to a juvenile (a) engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform, (b) engaged in errands involving medical emergencies, or (c) attending extracurricular school activities, activities sponsored by religious or community based organizations or other cultural, educational and social events, or traveling to or from such activities or events.
Any person who shall violate any of the provisions of this section
shall be required to perform community service and may be subject
to a fine of up to $1,000. If both a juvenile and the juvenile's parent
or guardian violate this section, they shall be required to perform
community service together.
No person in charge of or in control of premises within the
Borough of Flemington, whether as owner, lessee, tenant, occupant
or otherwise, shall allow any vehicle not currently registered by
the State of New Jersey, or any partially dismantled, wrecked, junked,
discarded or otherwise nonoperating vehicle to remain on such property;
and no person shall leave any such vehicle on any property within
the Borough.
The provisions of § 3-13.2 shall not apply to:
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be punished by
a fine not to exceed $500, or by imprisonment in the county jail for
a period not to exceed 90 days, or by both such fine and imprisonment,
and each violation of the provisions of this ordinance and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
Organizations, societies and associations duly licensed to hold
and operate legalized games of chance under the provisions of R.S.
5:8-58 et seq. are hereby authorized to hold, conduct and operate
authorized games of chance in the Borough of Flemington on Sundays
pursuant to R.S. 5:8-58.
The Municipal Clerk of the Borough of Flemington is hereby authorized
and delegated the authority to approve the granting of raffle and
bingo licenses to be held in the Borough of Flemington.
It is the purpose of this section to regulate the public display
by retailers of obscene materials, where such materials are likely
to be viewed by minors, and thereby control and minimize any adverse
effect.
Shall mean:
Shall mean any description, narrative account, display or
depiction of a specified anatomical area, or specified sexual activity
contained in, or consisting of, a picture or other representation,
a publication. A sound, video or other recording, or a film, which
by means of posing, composition, format or animated sensual details,
emits sensuality with the sufficient impact to concentrate prurient
interest on the area or activity.
Shall mean any person who operates a store, newsstand, booth,
concession or similar business with access for persons under 18 years
of age, who is in the business of making sales of periodicals or other
publications, films, CDs, DVDs or other recordings at retail containing
pictures, drawings and photographs, whether such sales are either
the primary focus of such business or are an ancillary aspect to such
retail business.
Shall mean:
Shall mean:
No retailer who operates a store, newsstand, booth, concession
or similar business, with unimpeded access or an unimpeded view of
obscene materials, by persons under 18 years of age, or is in the
business of making sales of periodicals, films, CDs, DVDs or other
recordings, or other publications at retail, shall display or permit
to be displayed at its business premises, any obscene materials at
a height of less than five feet and without a blinder or other covering
placed over the material displayed so as to completely cover any specified
anatomical area. The public display of the obscene material shall
constitute presumptive evidence that the retailer knowingly made or
permitted the display.
Any person, firm, corporation or other entity who violates any
provision of this section shall, upon conviction, be punished either
by imprisonment in the county jail for a term not exceeding 90 days
or by a fine not exceeding $500, or both, in the discretion of the
court. Each day the violation is continued shall constitute a separate
offense.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 17-1980, 15-1990 and 2005-31.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
a.
"Chief
of police" shall mean the chief of police of the Borough of Flemington.
b.
"Special
event" shall mean any parade, march, ceremony, show, demonstration,
rally, vigil, exhibition, pageant or procession of any kind, or any
similar display, in or upon any street, sidewalk, park or other public
place in the Borough of Flemington.
c.
"Special
event permit" shall mean a permit as required by this section.
d.
"Person"
shall mean any person, firm, partnership, association, group of two
or more people, corporation, company or organization of any kind.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
No person shall engage in, participate in, aid, form or start
any special event, unless a special event permit shall have been approved
by the Borough of Flemington.
[Ord. No. 2008-3; Ord. No. 2011-15; Ord.
No. 2013-19; Ord. No. 2014-20; Ord. No. 2016-8; amended 4-8-2024 by Ord. No. 2024-05]
A person seeking issuance of a special event permit shall file
an application with the Borough Clerk on forms approved by the Chief
of Police, Director of Public Works and the Fire Marshal.
a.
An application for a special event permit shall be filed with the
Borough of Flemington not less than 90 days before the event date
if the event requires Borough services (Police, Public Works, Fire
Marshall, Fire, EMS), otherwise 45 days prior to the event.
b.
The application for a special event permit shall set forth the following
information:
1.
The name, street address, email address and telephone number of the
person seeking to conduct the special event;
2.
If the special event is proposed to be conducted for, on behalf of,
or by an organization of any kind, the name of the organization and
of the authorized and responsible heads of such organization;
3.
The name, address and telephone number of the person who will be
the special event chairman or organizer and, if different, who will
be responsible for the conduct of the special event;
4.
The date and rain date if applicable, when the special event is to
be conducted;
5.
The route to be traveled, the starting point and the termination
point or, if the special event is going to be in a fixed location
and not moving, the location where the special event will be held;
6.
The number of persons who will constitute or partake in the special
event;
7.
If animals will be included in the special event, the specific type
of each animal and whether each is domestic or wild;
8.
The number and description of the motor vehicles or any other type
vehicle expected to be used in the special event;
9.
The specific times when such special event will start and terminate;
10.
A statement as to whether the specific event will occupy all or only
a portion of the width of the sidewalk(s) or street(s) proposed to
be traversed or on which it will be located;
11.
The location of the street(s) or any assembly area(s) to be used
for the special event;
12.
The time at which units of the special event will begin to assemble
at each such assembly area;
13.
(Reserved)
14.
If the special event is designed to be held by, or on behalf of or
for, any person other than the applicant, the applicant for such permit
shall file with the chief of police a communication in writing from
the person proposing to hold the special event, authorizing the applicant
to apply for the permit on its behalf;
15.
A statement of the purpose of the special event; and
16.
Any additional information which the chief of police, Director of
the Department of Public Works, Fire Marshal or Borough Clerk shall
find reasonably necessary to a fair determination as to whether a
permit should be issued.
c.
If the special event will use or traverse any State or county road
or highway or be located on any Federal, State or county property
within the Borough of Flemington, the application shall be accompanied
by a written consent or other written authorization to hold such special
event on the date and at the time requested, issued by the public
agency or body having jurisdiction and control over said road, highway
or property. If the event will require the closing of a Borough street,
the application shall be accompanied by a Resolution of Consent adopted
by the Borough Council.
d.
When it reasonably appears that the applicant for a special event permit could not have complied with Subsection 3-16.3 by filing the application for the special event permit not less than 90 or 45 (as applicable pursuant to Subsection 3-16.3a) days before the date on which it is proposed to conduct the special event, the chief of police shall have the authority to consider any application hereunder which is filed within such 90 or 45 (as applicable pursuant to Subsection 3-16.3a) period in the same manner as if it had been timely filed, provided the applicant sets forth the good faith reasons it could not timely comply in its written application for the permit.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
The chief of police shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, he finds that it is either
(1) for any special event involving expressive activity protected
by the New Jersey Constitution or United States Constitution and includes
less than 25 people, provided the applicant signs a verified statement
that he in good faith believes the event's purpose involves such expressive
activity and will not require the closure of or substantially block
or interfere with the use of a sidewalk, street, alley or other public
right-of-way or other property owned or controlled by the Borough
of Flemington or (2) that:
a.
The conduct of the special event will not substantially interrupt
the safe and orderly movement of other vehicular or pedestrian traffic
contiguous to its route or location;
b.
The conduct of the special event will not require the diversion of
so great a number of police or fire officers of the Borough of Flemington
to properly police or protect the location or line of movement and
the areas contiguous thereto, as to prevent normal police or fire
protection for the Borough;
c.
The conduct of such special event will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Borough of Flemington, other than that
to be occupied by the location or line of movement and areas contiguous
thereto;
d.
The concentration of persons, animals and/or vehicles at the location
or assembly points of the special event will not unduly interfere
with proper fire and police protection of, or ambulance service to,
areas contiguous to such location or assembly area(s);
e.
(Reserved)
f.
The special event either will not move or is scheduled to move from
its point of origin to its point of termination expeditiously and
without unreasonable delays en route; and
g.
The special event is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
[Ord. No. 2008-3; Ord. No. 2014-20]
If the application is disapproved, the chief of police shall
give written notice thereof to the Borough Clerk and applicant setting
forth the reasons for the denial of the permit.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
The Borough Clerk shall provide the applicant with a non-binding
approval and an estimated cost for services, if required, or a denial
within seven business days from submission date of the completed application.
If a non-binding approval is granted, the application will continue
to be vetted for compliance and a formal approval will be issued.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
The chief of police, Director of the Department of Public Works,
Fire Marshal and/or Borough Clerk also may condition the issuance
of a special event permit by imposing reasonable requirements concerning
the time, place, and manner of the event and such requirements as
are necessary to protect the safety of persons and property and the
control of traffic, provided such conditions shall not unreasonably
restrict the right of free speech. Such conditions include the following:
a.
Alteration of the date, time, route or location of the event proposed
in the event application;
b.
Conditions concerning the area of assembly and disbanding of parade
or other events occurring along a route;
c.
Conditions concerning accommodation of pedestrian or vehicular traffic,
including restricting the event to only a portion of a street;
d.
Requirements for the use of traffic cones or barricades;
e.
Requirements for provision of first aid or sanitary facilities;
f.
Requirements for the use of event monitors and providing notice of
permit conditions to event participants;
g.
Restrictions on the number and type of vehicles, animals, or structures
at the event and inspection and approval of floats, structures, and
decorated vehicles for fire safety by the Borough of Flemington Fire
Department;
h.
Compliance with animal protection ordinances and laws;
i.
Requirements for use of garbage containers and the cleanup and restoration
of Borough of Flemington and/or any other affected property;
j.
Restrictions on use of amplified sound;
k.
An application for a special event permit to conduct a block party
may be conditioned on notice and obtaining written approval of 50
percent of the dwellings along the affected street(s);
l.
Compliance with any relevant ordinance or law and obtaining any legally
required permit or license.
m.
Requirements
of Borough Services, such as but not limited to (Police Protection,
Public Works Services, Fire Marshal Services, Fire Services and/or
EMS services).
n.
Equipment
rentals.
[Ord. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
Immediately upon the issuance of a special event permit, notice
thereof shall be forwarded by the Borough Clerk to the following:
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
Each permit shall state the following information:
a.
The starting time and ending time;
b.
(Reserved)
c.
The maximum speed, if applicable;
d.
(Reserved)
e.
The location of the special event or the portions of the street(s)
to be traversed that may be occupied by the special event;
f.
(Reserved)
g.
Such other information as the chief of police, Borough Clerk, Director
of Public Works or Fire Marshal reasonably shall find necessary to
the enforcement of this special events ordinance.
[Ord. No. 2008-3; Ord. No. 2014-20]
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The special
event chairman, organizer or other person heading or leading such
activity shall carry the special event permit upon his person during
the conduct of the special event.
[Ord. No. 2008-3; Ord. No. 2014-20]
a.
No person shall unreasonably hamper, obstruct or impede, or interfere
with any lawful special event or with any person, vehicle or animal
participating or used in a special event.
b.
No driver of a vehicle, streetcar or trackless trolley shall drive
between the vehicles or persons comprising a lawful special event
when such vehicles or persons are in motion and are conspicuously
designated as a special event.
[Ord. No. 2008-3; Ord. No. 2014-20; amended 4-8-2024 by Ord. No. 2024-05]
Any person who violates any provisions of this section shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment in the county jail for a term not exceeding 90
days, or both.
[Added 4-8-2024 by Ord. No. 2024-05]
a.
The Borough
of Flemington reserves the right to cancel any events if proper submissions
are not received within seven days of the event.
b.
The Borough
reserves the right to cancel any event at any time.
c.
An applicant
reserves the right to cancel the event up to 14 business days prior
to the event date without being held responsible for costs of services.
Any events cancelled by the applicant less than 14 business days prior
to the event date are required to pay for services.
[1]
Former Subsection 3-16.13 was repealed by Ord. No. 2016-8. Previous history includes Ord. No. 2008-3 and Ord.
No. 2014-20.
[Added 4-8-2024 by Ord. No. 2024-05]
a.
The application fee shall be $25 for applications received within the specified time frames set forth in Section 3-16.3, and $75 for applications submitted in less than the specified time frames.
b.
The Borough of Flemington may charge a fee of $500 if proper submissions
are not received within seven days of the event.
c.
An invoice for proposed minimum services from the Flemington Borough
Department of Public Works, Flemington Borough Police, Flemington
Borough Fire Marshal, Flemington Borough Fire Department and Flemington
Raritan EMS, or any additional service as specified by the Borough
of Flemington shall be issued to the applicant not less than 30 days'
prior to an event.
d.
The invoice for the proposed services shall be paid 15 days'
prior to the event. Failure to pay for services will result in the
event being cancelled.
e.
Upon completion of the event, subsequent invoices may be sent for
services performed in addition to the minimum service fees that were
paid prior to the event. Services such as but not limited to: additional
staffing required, additional hours worked prior to the event or upon
completion of the event, additional equipment. Final invoices shall
be sent within 15 days of the event completion and are payable within
30 days of receipt. Balances left unpaid shall be subject to interest
at a rate consistent with tax collection rates. Failure to pay invoices
in full shall prevent an applicant from holding subsequent events.
a.
The word residents as used herein shall mean and include occupants
of residential dwelling units in the Borough of Flemington.
b.
The words clean-up material as used herein shall mean stoves, refrigerators,
freezers, television sets, beds, springs, mattresses, furniture, lawn
mowers, rugs, large toys and items of similar nature and automobile
tires (but not more than two automobile tires per resident per clean
up day). The words "clean-up material" as used herein shall not mean
garbage, ashes, trash, rubbish, grass, yard clippings, shrubs, branches,
newspapers, magazines, aluminum cans, glass, Christmas trees, leaves,
trees, stumps, stones, earth, refuse from building operations or repairs,
construction material, scrap auto parts or vehicles, garbage in liquid
form or toxic or flammable chemicals.
c.
The word garbage as used herein shall mean refuse from animal or
vegetable food stuffs, and all petriflable material of any kind incident
to the ordinary conduct of a household.
d.
The word ashes as used herein shall mean all residue from stoves,
furnaces and fireplaces used for domestic heating purposes.
e.
The words trash and rubbish as used herein shall mean all cans (except
aluminum cans), paper (except newspapers and magazines), plastic,
clothing, small appliances, small toys and other wastes and refuse
usually accumulated in and about a household.
f.
The words clean-up day as used herein shall mean a calendar day designated
by the Mayor and Borough Council of the Borough of Flemington during
part of which residents may upon procuring a permit dispose of clean-up
material in containers provided by the Borough of Flemington.
The Mayor and Borough Council of the Borough of Flemington may,
from time to time, establish a clean-up day for residents to dispose
of clean-up material at a location to be designated by the Mayor and
Borough Council.
On clean-up days established pursuant to § 3-17.2 and between the hours to be established by the Mayor and Borough Council, residents who have obtained a permit to do so as hereafter provided may dispose of clean-up material in containers to be provided by the Borough of Flemington.
a.
A resident may apply for a clean-up day permit on forms prescribed
by the Mayor and Borough Council.
b.
Applications shall be made at Borough Hall, 38 Park Avenue, Flemington,
New Jersey on such days and times, as may from time to time be established
by the Mayor and Borough Council.
c.
Each applicant for a permit must present proof of residency in the
Borough of Flemington by way of a drivers license, if such applicant
has a drivers license, a tax bill, residential lease or copies thereof.
d.
Each applicant shall set forth on the application a description of
the motor vehicle to be used on clean-up day and the license plate
number thereof.
e.
One applicant may obtain more than one permit upon qualification
therefor and upon paying an additional permit fee for each such permit.
One permit entitles the holder thereof to offload a motor vehicle
once.
f.
All permits shall be in such form prescribed by the Mayor and Borough
Council but in any event, shall bear a permit number, the name and
address of the resident holder thereof, the license plate number and
description of the permitted motor vehicle, permit fee receipt and
the Borough seal.
g.
All permits issued shall be surrendered by the holders thereof at
the disposal site.
Fees for each permit shall be as follows:
a.
Passenger automobile - $10;
b.
Station wagon - $20;
c.
Truck - six foot bed - $30;
d.
Truck - eight foot bed - $35;
e.
Truck with over eight foot but less than twelve foot bed - $75;
f.
Truck with over twelve foot bed - $300;
g.
Small or midsize van - $30;
h.
Full size van - $35.
In addition to the above fees, a separate fee of $3.50 per automobile
tire shall be paid.
Fees once paid are not refundable.
Residents shall off-load the clean-up material at the disposal
site and deposit same in such different containers as may be directed.
Any person, firm or corporation who violates or neglects to
comply with any provisions of this section or any regulation promulgated
pursuant hereto, shall, upon conviction thereof, be punishable by
a fine not to exceed $500 or imprisonment in the county jail for any
term not exceeding 90 days, or both.
[Amended 8-13-2018 by Ord. No. 2018-13]
As used in this section:
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
a.
The rules and regulations of the New Jersey Smoke-Free Air Act, N.J.S.A.
26:3D-55 et seq., shall be complied with at all times while on Borough
of Flemington property or within Borough of Flemington buildings,
except as otherwise set forth in this section.
b.
Smoking is prohibited within all buildings owned, rented or leased
by the Borough of Flemington.
c.
Outdoor smoking is prohibited within 25 feet of any entrance to or
air intake duct on any building owned, rented or leased by the Borough
of Flemington, except that this prohibition shall not apply to any
private property within such a twenty-five-foot parameter that is
not rented or leased by the Borough of Flemington.
d.
Outdoor smoking is prohibited within any outdoor courtyard or atrium
on any property owned, rented or leased by the Borough of Flemington.
The Borough of Flemington Clerk shall place or have placed signs
in areas in which smoking is prohibited, which shall be located so
as to be clearly visible to the public and shall contain letters or
a symbol that contrasts in color with the sign, indicated that smoking
is prohibited in such areas. The sign also shall indicate that violators
are subject to a fine.
Any person who violates any provisions of this section shall,
upon conviction thereof, be punished by a fine of not less than $250
for the first offense, $500 for the second offense and $1,000 for
each subsequent offense, except where expressly and exclusively governed
by the violations and penalties of the New Jersey Smoke-Free Air Act,
N.J.S.A. 26:3D-55 et seq.
The purpose of § 3-19 is to require the display of numbers on buildings to identify them in case of emergency and to assist the general public in conducting its normal affairs and business.
The tax assessor of the Borough of Flemington is hereby authorized
to establish numbers for each lot of land located in the Borough of
Flemington and file maps of all such lots in his office after designating
thereon the number established for each. When establishing lot numbers
the assessor shall give due regard to the need for a logical and uniform
sequence of numbers along the streets and roads in the Borough.
The owner of a lot of land located in the Borough of Flemington on which is located any building or buildings in which people are, or may be present at any time for any purpose, shall install numbers thereon which shall correspond to the numbers assigned by the tax assessor pursuant to § 3-19.2.
The following regulations shall apply to numbers on all buildings:
a.
The numbers shall be Arabic, no less than three inches in height,
and made of durable, clearly visible material. Roman numerals or script
may be used to supplement the Arabic numbers but not as a substitute
for them.
b.
The numbers shall be made of reflective material or of a color which
visibly contrasts with the material to which they are attached so
they are easily discernible during the day or at night with the aid
of an emergency vehicle spotlight.
c.
All numbers shall be mounted so they face the street on which the
building fronts.
d.
All numbers shall be mounted no less than 30 inches above the level
of the ground.
e.
All numbers shall be visible from the street upon which the building
fronts.
f.
The numbers shall be maintained by the owner of the lot of land on
which the building is located and shall be and remain unobstructed
by trees, shrubs or other vegetation.
The following additional regulations shall apply to numbers
on buildings containing multiple dwelling units or located in multi-family
complexes such as garden apartment, townhouse and condominium developments:
a.
Each building shall be identified clearly and the identification
shall be visible from the street upon which the building fronts.
b.
If a multi-family complex contains more than one building, each building
shall be clearly titled.
c.
Individual dwelling unit numbers shall be posted on the entrance
door to each dwelling unit in a building containing more than one
dwelling unit.
No original or continued certificate of occupancy shall be issued for any building to which § 3-19 applies unless same complies with the requirements of this section.
Section 3-19 shall be enforced by the fire subcode official, zoning officer and police department of the Borough of Flemington.
If any section, subsection, paragraph, or sub-paragraph of § 3-19 is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such section, subsection, paragraph or subparagraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections, subsections, paragraphs or subparagraphs of § 3-19.
For violation of any provision of § 3-19, the maximum penalty upon conviction of the violation shall be a fine not exceeding $1,000, or imprisonment in the county jail for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge.
Each and every day in which a violation of § 3-19 exists shall constitute a separate violation.
All sections, subsections, paragraphs or subparagraphs of the Revised General Ordinances of the Borough of Flemington, 1975 inconsistent or conflicting with the provisions of § 3-19 hereby adopted are hereby repealed, but only to the extent of such conflict or inconsistency.
This section shall take effect immediately after final passage
and publication according to law.
The obstruction of driveways on private property to which the
public is invited or which is devoted to public use prevents proper
access for fire and rescue vehicles, equipment and personnel in the
event of an emergency and is detrimental to the public health, safety,
morals and welfare. The fire lanes herein designated are established
to insure that fire and rescue vehicles, equipment and personnel have
unobstructed means of ingress, egress and passage along the fire lanes
to and through such properties in case of fire or other emergency.
[Ord. No. 17-1993 § 1; Ord. No. 19-1998 § 1; Ord. No. 2005-24 § 1; Ord. No. 2014-16]
The portions of property described on Schedule I attached and
incorporated herein by this reference are hereby designated fire lanes.[1]
[1]
Editor's Note: Schedule I, referred to herein, may be found
on file in the office of the Borough clerk attached to Ordinance No.
17-1993, as amended.
a.
No person shall park, stop or leave standing any vehicle whether
attended or unattended or otherwise obstruct any fire lane.
b.
No person who shall own or occupy any property on which is located
a fire lane shall permit or allow any person to park, stop or leave
standing any vehicle whether attended or unattended or otherwise obstruct
any such fire lane.
The police department and the bureau of fire prevention of the Borough of Flemington shall have concurrent jurisdiction in the enforcement of § 3-20.
a.
The areas established as fire lanes by this section shall be designated
by signs and pavement markings provided and installed by the owner
of the property upon which each such lane is located.
b.
Copies of this section or any amendment thereof requiring the installation
of signs and the painting of fire lanes shall be mailed by certified
mail or personally delivered to the owners of any affected properties
by the police department or bureau of fire prevention of the Borough
of Flemington, and thereafter, said property owners must install said
signs and pavement markings within 45 days of such service.
c.
The owner of property upon which a fire lane is located shall maintain
all signs and pavement markings in good condition and repair at such
owner's sole cost. Such owner shall repair, restore or replace the
same or any of them within 45 days after receipt of written notice
to do so from the police department or bureau of fire prevention of
the Borough of Flemington.
d.
In the event of the failure of any property owner to comply with subsections 3-20.5 a, b or c, the police department or bureau of fire prevention shall cause the work to be done at the cost of the property owner. Upon completion of the work, the police department or bureau of fire prevention of the Borough of Flemington shall certify the cost or the work to the Borough Council of the Borough of Flemington. Upon receipt of such certification, the Borough Council shall examine such certificate, and, if found to be correct, shall charge the cost against the real estate in question, and the amount shall become a lien and tax on such real estate and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest, in the same manner as other real estate taxes.
Signs designating fire lanes shall be:
a.
Rectangular with a red message on a white background;
b.
Rounded at the corners and have a red border;
c.
Not larger than 12 inches by 18 inches with the larger dimension
vertical;
d.
Metal;
e.
Bear the following message:
|
NO
PARKING
OR
STANDING
FIRE LANE
|
f.
Reflectorized;
g.
Installed to face all directions of traffic flow into and within
said lanes, except when otherwise directed by the police department
or bureau of fire prevention of the Borough of Flemington;
h.
Placed along the entire fire lane with a distance between signs of
50 feet;
i.
Mounted approximately at right angles to the direction of traffic
except when otherwise directed by the police department or bureau
of fire prevention of the Borough of Flemington; and
j.
Installed with the bottom of each sign approximately five feet from
the pavement.
Pavement markings for fire lanes shall be as follows:
a.
The pavement at the border of such fire lane shall be painted with
four inch yellow lines to delineate the same;
b.
The pavement within the fire lane border shall be painted with four
inch diagonal yellow lines with spaces between such lines not greater
than ten feet;
c.
The words "No Parking or Standing Fire Lane" shall be painted on
the pavement at major vehicular entrances to said fire lanes and every
100 feet along the entire length of the lanes and at other locations
within the lanes as determined by the police department or the bureau
of fire prevention of the Borough of Flemington;
d.
The above words shall be painted in yellow block letters not less
than 18 inches high with six inch wide strokes; and
e.
Such markings shall be repainted as frequently as needed to maintain
high visibility to vehicular traffic within and near the fire lanes.
Any vehicle parked, stopped or standing in violation of this
section shall be deemed a nuisance and a menace and the police department
or bureau of fire prevention of the Borough of Flemington may provide
for the removal of such vehicle. The owner of such vehicle shall pay
the reasonable cost of removal and storage before regaining possession
of the vehicle.
For violation of any provision of this section, the maximum
penalty upon conviction of the violation shall be a fine not exceeding
$1,000, or imprisonment in the county jail for a period not exceeding
90 days, or both, or to a period of community service not exceeding
90 days at the discretion of the municipal court judge.
Each and every day in which a violation of any provision of
this section exists shall constitute a separate violation.
No person shall cause, suffer, allow or permit the following
acts:
a.
Sound reproduction systems. Operating, playing or permitting the
operation or playing of any radio, television, tape player or similar
audio device that reproduces amplified sound in such a manner as to
create a noise disturbance across a residential real property boundary
or between individual residential dwelling units as defined by §
16-4 between 10:00 p.m. and 7:00 a.m.
b.
Loudspeaker/public address system. Using or operating of any loudspeaker,
public address system or similar device between the hours of 10:00
p.m. and 8:00 a.m. the following day, such that the sound therefrom
creates a noise disturbance across a residential real property line
or between individual residential dwelling units as defined by §
16-4.
Noise disturbance is defined as any sound of any kind described in § 3-21.1 which is clearly audible to a person of average hearing across a residential real property line or between individual residential dwelling units as defined by § 16-4 from the source of the noise.
Violation of this section shall be penalized as provided in § 3-11 of the Revised General Ordinances of the Borough of Flemington.
a.
It shall be unlawful to sell a tobacco product to a minor, that is,
a person under 18 years of age.
b.
It shall be unlawful for any person to purchase a tobacco product
(a) with funds furnished by a minor or (b) with the intent to sell
such a product to a minor.
c.
Sign requirement. The following six inch by eight inch sign shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING
IN PUBLIC PLACES BY MINORS IS PROHIBITED BY LAW. Legal proof of age
must be shown. A person who sells or offers to sell a tobacco product
to a person under 18 years of age may be prosecuted in accordance
with State Statutes and Flemington Borough ordinances.
It shall be unlawful for a tobacco retailer to sell or permit
to be sold any tobacco product to any individual without first requesting
and examining identification from the purchaser positively establishing
the purchaser's age as 18 years or greater, unless the seller has
some other conclusive basis for determining the buyer is over the
age of 18 years.
In view of the indiscriminate sales of tobacco products to minors
through tobacco vending machines, all tobacco vending machines are
hereby prohibited in the Borough of Flemington. It shall be unlawful
for any person, firm, corporation or association to possess, own,
operate, rent or permit the use of, or operation of, a tobacco vending
machine, in, on, or about the premises under his or her ownership,
control or management, or to sell, or offer to sell, any tobacco product
through a tobacco vending machine in the Borough of Flemington.
It shall be unlawful for any person under the age of 18 to smoke
a tobacco product in and/or on any public place, or to possess in
open view, an opened pack, opened carton or other opened container
(as evidenced by a broken seal) holding a tobacco product in any public
place unless in the presence of his/her parent/guardian; with no expiration
date.
a.
Board of health shall mean the Flemington Borough Board of Health
and may be referred to in this section as the "board of health", "department"
or "board".
b.
Health officer shall mean the health officer of the Borough of Flemington,
and/or his or her authorized representative.
c.
Retail establishment shall mean any place or business that sells
to the public at retail.
d.
Tobacco vending machine shall mean any mechanical, electrical or
electronic self-service device, which, upon insertion of monies, tokens
or any other form of payment, dispense tobacco or tobacco products,
either exclusively or as one kind of an available item.
e.
Tobacco product shall mean any product made from the tobacco plant
or containing tobacco leaf, for the purpose of smoking, chewing, inhaling
or other personal use, including but not limited to, cigarettes, cigars,
pipe tobacco, chewing tobacco, snuff and dipping tobacco.
f.
Public place shall mean any building or enclosed structure open to
the general public, and any street, road, sidewalk, walkway, park
or open space located within the Borough and maintained for use by
the general public.
a.
Whenever the health officer, or his or her designee, or a police
officer of the Borough of Flemington reasonably believes there exists
a violation of this section, such officer may issue a summons and
complaint not later than 90 days after discovery of the alleged violation.
The complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the subsection
alleged to have been violated. The complaint shall be delivered personally
or sent via certified mail to the alleged violator.
b.
The health officer, his/her designee or a police officer of the Borough
of Flemington, after giving proper identification, and if no search
or other warrant is required by law, may summarily inspect any matter,
thing, premises, place, person, record, incident or event as necessary
to enforce the provisions of this section.
c.
It shall be unlawful for any person to molest, willfully oppose,
or otherwise act to interfere with or obstruct the health officer
or his/her designee or any police officer in the performance of duties
under this section. The health officer or designee may request the
assistance of the Flemington Borough Police Department when necessary
to execute his or her official duty in the manner prescribed by law.
d.
Citizens may bring complaints for violation of this section.
a.
If the provision of any article, section, subsection, paragraph,
subdivision, application or clause shall be judged invalid by any
court of competent jurisdiction, this order or judgment shall not
effect or invalidate the remainder of any such article, section, subsection,
paragraph, subdivision, application or clause, and, to this end, the
provisions of the section are hereby declared severable.
b.
This section shall be liberally construed for the protection of the
health, safety, and welfare of the people of the Borough of Flemington,
Hunterdon County, State of New Jersey.
a.
Unless otherwise provided by law, statute or ordinance, any person
violating any provision of this ordinance shall, upon conviction thereof,
pay a fine of not less than $100 or more than $500 for each offense.
The complaint shall be made in the Municipal Court of the Borough
of Flemington or before such other judicial officer having authority
under the laws of the State of New Jersey.
b.
Each day of possession or use of a tobacco vending machine shall
constitute a separate violation of this section.
c.
The board of health may suspend the retail food establishment license
of any person convicted of a violation of this section, for a period
of not more than three days, pursuant to the authority of the health
commission to license and regulate establishments as provided by N.J.S.A.
26:3-31(c).
Subsection 3-22.4 shall no longer have any expiration date.
A charitable organization, as such term is defined in N.J.S.A.
45:17A-20, may be permitted to solicit contributions in a public roadway
or highway to the extent permitted by, and subject to the restrictions
of N.J.S.A. 39:4-60, as amended by Chapter 82 of the laws of 1996.
a.
A charitable organization shall file a written application with the
chief of police not less than six days nor more than 45 days before
the date on which is proposed to conduct the solicitation.
b.
The written application shall set forth the following information:
1.
The name of the charitable organization along with proof of the applicant's
status as a charitable organization.
2.
The name, address, and telephone number of the person responsible
for the solicitation.
3.
The date of the solicitation.
4.
The hours of the solicitation.
5.
The place of the solicitation.
6.
Any additional information which the chief of police shall find reasonably
necessary such as certificate of insurance.
7.
If the solicitation will use any State or county road within the
Borough of Flemington, the application shall be accompanied by a written
consent or other written authorization to hold such solicitation on
the date and time requested, issued by the public agency or body having
the jurisdiction and control of said road or highway.
a.
The application shall be approved unless the chief of police finds,
and the Mayor and the Council concur, that the time and/or place of
such solicitation will cause a significant disruption or hindrance
of traffic flow of the vehicles or pedestrians in the Borough.
No person shall take any action to hinder a member of the Borough of Flemington Police Department or any other law enforcement officer from effecting a lawful arrest. It is not a defense to a prosecution under this § 3-24 that the arresting officer was acting unlawfully in making the arrest, provided that he was acting under color of his official authority.
The purpose of this section is to provide for the enforcement
of P.L. 2000, c.33 by local ordinance.
As used in this section:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
a.
Any person under the legal age to purchase alcoholic beverages who
knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage on private property shall be punished by a
fine of $250 for the first offense and $350 for any subsequent offense.
The court may, in addition to the fine authorized for this offense,
suspend or postpone for six months the driving privilege of the defendant.
b.
Upon the conviction of any person and the suspension or postponement
of that person's driving license, the court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
c.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the court.
d.
The court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in R.S. 39:3-40. A person shall be required
to acknowledge receipt of the written notice in writing. Failure to
receive a written notice or failure to acknowledge in writing the
receipt of a written notice shall not be a defense to a subsequent
charge of a violation of R.S. 39:3-40.
e.
The court, shall, with respect to any person convicted under this
section who is not a New Jersey resident, suspend or postpone, as
appropriate, the nonresident driving privilege of the person based
on the age of the person and submit to the Division the required report.
The court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report by the court, the Division
shall notify the appropriate officials in the licensing jurisdiction
of the suspension or postponement.
f.
This section does not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
g.
This section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school; or post-secondary educational institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, R.S. 33:1-81, or any other
section of law against a person who is convicted of unlawful alcoholic
beverage activity on or at premises licensed for the sale of alcoholic
beverages.
It shall be unlawful to fail to extinguish upon request a lighted
cigar, cigarette or pipe or any other matter or substance that contains
tobacco, in or at any of the following:
a.
Any park owned by the Borough of Flemington. This section shall not
apply to any private event or gathering held by any person, organization
or entity that only is for its members and their invited guests; and
b.
Any event or gathering requiring a permit under § 3-16 titled "Parades" is required to designate a nonsmoking area. The chief of police, under the authority of § 3-16, may waive the provision of this section based on compelling logistical reasons that a nonsmoking section is not applicable to the permit.
c.
Signs designating the "nonsmoking section" will be placed by the
department of public works under the direction of the chief of police
in coordination with the permit.
It shall be unlawful to smoke, which is defined as burning a
lighted cigar, cigarette or any other matter or substance that contains
tobacco, in all workplaces with the following exceptions:
Notice of the prohibitions contained in this section shall be conspicuously posted in parks owned by the Borough, areas permitted above to be designated as nonsmoking and all nonexempt workplaces stated "Smoking Prohibited," or the appropriate "Smoking Prohibited" international symbol, and shall reference § 3-26. The sign shall be a minimum of six inches by eight inches and shall indicate that violators are subject to a fine. The letters or symbols shall contrast in color with the sign.
Any person or entity who violates any provisions of this section
shall, upon conviction thereof, be punished by a fine not exceeding
$25.
a.
A person who is arrested for a violation of the provisions of N.J.S.A.
39:4-50 shall be held in protective custody at an appropriate police
or other facility where the arrestee's condition may be monitored
until the arrestee is no longer a danger to himself or others, which
is defined as when the arrestee's blood alcohol is less than 0.05%
and the arrestee is no longer under the influence of any intoxicating
liquor or narcotic or hallucinogenic or habit-forming drug to the
extent that the arrestee's facilities are impaired. The officer or
other person holding the arrestee shall release the arrestee from
protective custody when the arrestee no longer is in a danger to himself
or others. In no event shall the arrestee be held in protective custody
for a period of longer than eight hours without providing the arrestee
an appropriate hearing.
b.
Notwithstanding the provisions of § 3-27.1a, provided that it is not a detriment to the public safety, the officer or other person holding the arrestee may, because of the age, health or safety of the arrestee, release the arrestee pursuant to the provisions of § 3-27.1d, or provide an appropriate alternative to protective custody. The Borough of Flemington shall not be subject to liability if a person is released from custody pursuant to the provisions of this section.
c.
For the purposes of this section, an appropriate facility shall include a police station, the Hunterdon County Jail or, if the arresting officer deems appropriate, a school or hospital that has supervisory measures in place to ensure that the arrestee will not be released until such time as the arrestee is no longer a danger to himself or others as defined in § 3-27.1a.
d.
Whenever a person is summoned by or on behalf of a person who has
been arrested for a violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a
in order to transport or accompany the arrestee from the premises
of the officer or other person holding an arrestee, the officer or
other person shall provide that person with a written statement advising
him of his potential criminal and civil liability for permitting or
facilitating the arrestee's operation of a motor vehicle while the
arrestee remains intoxicated. The person to whom the statement is
issued shall acknowledge, in writing, receipt of the statement, or
the officer or other person holding the arrestee shall record the
fact that the written statement was provided, but the person refused
to sign an acknowledgement.
e.
Nothing in this section shall impose any obligation on a physician
or other health care provider involved in the treatment or evaluation
of the arrestee.
a.
Whenever a person has been arrested for a violation of N.J.S.A. 39:4-50
or N.J.S.A. 39:4-50.4a, the Flemington Police Department shall impound
the vehicle that the person was operating at the time of arrest.
b.
A vehicle impounded pursuant to this section shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release in § 3-27.2d.
c.
A vehicle impounded pursuant to this section may be released to a
person other than the arrestee prior to the end of the impoundment
period only if:
d.
A vehicle impounded pursuant to this section shall not be released
unless the person claiming the vehicle:
1.
Presents a valid operator's license, proof of ownership or lawful
authority to operate the motor vehicle, and proof of valid motor vehicle
insurance for that vehicle.
2.
Is able to operate the vehicle in a safe manner and would not be
in violation of Title 39 of the Revised Statutes; and
3.
Meets any other conditions for release established by the Flemington
Police Department.
e.
A towing company authorized by the Flemington Police Department to
impound a vehicle pursuant to this section can charge a fee for the
towing and for the storage of the vehicle as provided in the schedule
of fees maintained by the Flemington Police Department. The towing
company is further authorized to retain custody of the vehicle until
those fees are paid and the Flemington Police Department authorizes
the release of the vehicle.
[Ord. No. 2013-1; Ord. No. 2014-10]
This section will be known as the "Towing Ordinance of the Borough
Of Flemington."
[Ord. No. 2013-1; Ord. No. 2014-10]
The purpose of the section is to establish towing and storage
fee schedules for towing motor vehicles that are Police Impounded,
damaged in accident and disabled.
This ordinance shall apply to all companies that will be licensed
to provide towing and storage for motor vehicles.
In order to protect persons who operate motor vehicles inside
the Borough, to ensure the proper licensing, storage, availability
and other controls over person and companies licensed to provide a
rotating towing service.
[Ord. No. 2013-1; Ord. No. 2014-10]
Any company interested in towing for the Borough of Flemington
shall pick up an application from Police Headquarters. All companies
shall submit the application for a towing license and return it to
the Chief of Police or his designee. This application will consist
of name of the company or trade name, business owner information such
as name, business address, contact phone numbers, size of storage
lot, security features and location where customer will come and claim
stored vehicles. Also storage lots must be zoned in accordance to
the Borough for storage of vehicle and equipment. Company will also
provide a service on a twenty-four hours a day basis each day of the
year. Photos of all the equipment and storage facilities will be forwarded
with the application. Complete listing of the insurance policies,
carriers and agents the owner would place into effect upon license
approval. A statement that the towing company / owner indemnify and
hold harmless the Borough in the event that any claim or recovery
is made against the Borough arising out of the towing and storage
of vehicles. Upon completion of the application and investigation
of the application the Chief of Police or his designee will forward
a copy of the application to the Borough of Flemington Council along
with a letter of recommendation for approval or disapproval of the
license with the reasons if any. Once found to be approved a payment
for the towing license for a fee of one hundred fifty ($150) dollars
will be made to the Borough and a license will be issued to the applicant.
Along with that the applicant will placed at the end of the towing
list. All licenses shall expire on December 31 annually. The license
is nontransferable or assignable.
[Ord. No. 2013-1; Ord. No. 2014-10]
Garage keeper's policy. A garage keeper's liability policy in
the minimum amount of $100,00 for each vehicle damaged on a separate
claim.
Garage liability policy. A garage liability policy covering
the applicant's business, equipment and vehicles in the minimum amount
of $ 500,000 for any one person injured or killed, and a minimum of
$ 1,000,000 for more than one person killed or injured in any accident
and an additional $ 100,00 for any damage arising from injury or destruction
to property, and/or a combined single limit of $ 1,000,000. In addition
to each policy containing an endorsement showing the Borough as additionally
insured, such policy shall also provide an endorsement entitling the
Borough to 30 days prior written notice to the Chief of Police or
his designee in the event of any change to coverage under the policy,
or in the event of the cancellation of the policy.
Workers' compensation policy. A workers' compensation policy
covering all of the applicant's employees and operators, containing
statutory coverage including liability coverage of at least $ 100,000
for each accident per person, $ 500,000 policy aggregate limit per
disease, and $ 100,000 for each disease per person.
[Ord. No. 2013-1; Ord. No. 2014-10]
All operators of the licensed towing company who have entered
into contracts with the Borough shall be obligated to comply with
the following duties.
Remove and tow to the designated storage facility all vehicles
directed by the Borough of Flemington to be removed and towed because
such vehicles are designated as abandoned, illegally parked, disabled,
involved in an accident, or to be impounded.
Store such vehicles in a fenced in lot with motion lights or
a lot with security cameras and motion lights and move such vehicles
as directed by Borough of Flemington.
Provide twenty-four hour, seven-days a week service to the Borough
during the terms of the contract.
Respond promptly to all requests for towing service. In any
event, the wrecker shall respond and be present at the location for
service in 15 minutes of receipt of notice of the towing requirement
between the hours of 7:00 a.m. and 7:00 p.m. (daytime), and within
25 minutes of receipt of notice between the hours of 7:01 p.m. and
6:59 a.m. (nighttime). In the event a wrecker does not arrive at the
call for service within the above time periods, the police officer
on scene shall have the right to have the next company on the rotation
called to the location who will then have the right to perform the
service. The original company contacted shall have no right to payment
from any party.
Clean up all broken glass, debris and fluid spill at the scene
of accidents, which work may be billed to the vehicle owner.
Furnish additional towing equipment and services during storm
periods of snow emergencies, traffic emergencies and natural disasters.
Records of all vehicles towed by the Borough of Flemington along
with a report of personal property found with the vehicle and an accounting
of all monies received for fees for towing. The Chief of Police or
his designee shall have access upon request to any and all invoices
and records required.
In all of the wrecker's dealings with the public, the wrecker
operator/owner shall act in a professional manor, courteous at all
times and respectful to the public, as well as representative of the
Borough.
The wrecker, not driven, must tow all vehicles from their location.
The towing company must have a permanent place of business.
The towing company shall also accept payment in either cash
or a valid major credit card.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee shall recommend to the Borough
Council rate schedules for storage of vehicles at the wreckers storage
location approved by the Borough of Flemington. Each year the towing
and storage rates will be provided to the towing company along with
the license.
[Ord. No. 2013-1; Ord. No. 2014-10]
No towing company, whether licensed or unlicensed by the Borough,
shall respond to the scene of an accident or emergency for the purposes
of towing a vehicle unless specifically notified by the Borough of
Flemington or the individual involved in the accident or emergency.
As long as the officer on scene deems it's safe to wait for another
company requested by the owner of the vehicle. The duty wrecker, to
allow traffic to continue will only remove vehicles blocking traffic
as a result of accidents or emergencies. Vendor will also not assign
calls to other towing companies to complete a service call.
[Ord. No. 2013-1; Ord. No. 2014-10]
Vendor must present for service one truck, consisting of one
flatbed, which meet the following minimum requirements:
a.
10,000 pounds GVWR minimum commercially manufactured
b.
Dual rear wheels
c.
3,000 pounds minimum wheel lift capacity
d.
8,000 pounds minimum winch capacity
e.
Vehicle manufacture serial place must be legible for inspection
f.
3/8" x 100' winch cable
g.
(2) Safety chains 3/8" x 10" with a minimum of grade 7
h.
Wheel lift safety straps
i.
Motorcycle towing equipment
j.
Amber Emergency lights (with a valid permit from the State of New
Jersey)
k.
Two work lights rear facing
l.
Jumper box
m.
Flashlight, Fire extinguisher, first aid kit, one box Traffic Triangles
n.
5 gallon US dot approved gas can
o.
Lug wrench / jack
p.
Broom & shovel speedy dry
q.
Traffic Vest min class 2 ANSI 1999 or above
r.
17' or longer hydraulically operated 8,000 lb. bed
s.
(2) Tire Skates and (4) point tie down straps
t.
Must comply with all laws of the State of New Jersey and all Federal
laws, including but not limited to the inspection requirements set
forth in 49 C.F.R. 396 and other applicable regulations of the United
States Department of Transportation ("US DOT") and the Federal Motor
Carrier Safety Administration ("FMCSA") set forth at 49 C.F.R. 105,
et seq.
[Ord. No. 2013-1; Ord. No. 2014-10]
Heavy Duty / Service vendors shall tow any vehicle that is over
10,000 pounds GVWR.
a.
(2) 33,000 pounds GVWR minimum commercially manufactured chassis,
hydraulic with a boom and under reach
b.
Air brakes
c.
One truck with a minimum towing capacity of 80,000 pounds
d.
5/8" x 200' cable
e.
(2) Safety chains 1/2 x 8' alloy
f.
(4) Winching chains 1/2 x 8' alloy
g.
(4) Chain Binders
h.
(2) Recovery Straps 6" x 20' or longer
i.
Axle lift safety straps or equivalent retention device
j.
(2) 12 ton Snatch Blocks
k.
Amber lights ([with a valid permit from the State of New Jersey)
l.
Two work lights rear facing
m.
Assortment of wood blocks and boards
n.
Assortment of tools
o.
Tow light bar or magnetic tow lights
p.
Hydraulic bottle jack
q.
Flashlight, Fire extinguisher and first aid kit
r.
Broom & Shovel
s.
(1) Air cushion recovery system with air pump, lifting capacity of
100,000 pounds
t.
Semi-tractor with fifth wheel or wrecker with fifth wheel attachment
u.
Must comply with all laws of the State of New Jersey and all Federal
laws, including but not limited to the inspection requirements set
forth in 49 C.F.R. 396 and other applicable regulations of the United
States Department of Transportation ("US DOT") and the Federal Motor
Carrier Safety Administration ("FMCSA") set forth at 49 C.F.R. 105,
et seq.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee is authorized to establish
a system of rotation for the assignment of the licensed and contracted
towers. The rotation shall be established on a nondiscriminatory and
nonexclusionary basis. Only licensed towing companies will be added
to the list after the license and the investigation and inspection
of vehicles and storage facility are complete. The Chief of Police
or his designee will authorize additional towing companies as deemed
needed to the rotation.
[Ord. No. 2013-1; Ord. No. 2014-10]
The Chief of Police or his designee are empowered to take the
following actions:
a.
Vendors may be removed or suspended from the towing list for three
failures to respond in a timely basis, failure to demonstrate the
skills necessary to perform towing and recovery in a safe, prompt
and efficient manner, or excessive, unresolved customer complaints.
b.
Termination may occur if the application is fraudulent, the owner's
insurance is canceled, or if there is evidence indicating a pattern
of consumers fraud or and serious violation as determined by the Borough
of Flemington or the Chief of Police or his designee.
c.
Vendor should be able to appeal any disciplinary actions against
them to the Chief of Police or his designee. If not satisfied with
the Chief of Police or his designee an appeal will be made with the
Borough of Flemington.
d.
Any equipment violations by State, US DOT or FMCSA will be suspended
until all violations are corrected.
[Ord. No. 2013-1; Ord. No. 2014-10]
[Ord. No. 2013-1; Ord. No. 2014-10; amended 11-8-2021 by Ord. No. 2021-27]
The Borough of Flemington prescribes to the rate chart established
by the New Jersey State Police for tow operators on state highways.
This can be found at http://www.gsta.org.
