[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
63.
Fraudulent checks — See Ch.
87.
Curfew — See Ch. 97.
Games of chance — See Ch.
129.
Peddling and soliciting — See Ch.
171.
Pool and billiard halls — See Ch.
175.
Board of Health Nuisance Code — See Ch.
259.
[Adopted 6-12-1926 (Ch. 49 of the 1967 Code)]
No person shall keep or maintain a disorderly
house or a house of ill fame or allow or permit any house, shop, store
or other building owned or occupied by him or her to be used as a
disorderly house or house of ill fame or to be frequented or resorted
to by riotous or disorderly persons, prostitutes, gamblers or vagrants.
No person shall set up, keep or maintain or
permit to be set up, kept or maintained in any house or premises any
faro table, faro bank, roulette wheel or other device or game of chance
for the purpose of gaming or any boxing ring, cockpit or other place
for men or animals to fight, nor shall any person hold or permit to
be held in any house or premises any dogfight, cockfight, prizefight
or any sparring contest for a purse or money prize.
No person shall deal, play or engage in faro,
roulette or other games of chance, either as banker, player, dealer
or otherwise, for the purpose of gaming.
No person shall loiter on the streets and utter
loud and offensive or indecent language or make offensive remarks
to or upon any person passing along such streets or obstruct or interfere
with any person lawfully being in or upon such streets.
No person shall go about from door to door or
place himself or herself in the streets to beg or gather alms.
No person shall appear in any street or public
place in a state of nudity or in a dress not belonging to his or her
sex or in an indecent or lewd dress or shall make any indecent exposure
of his or her person or be guilty of any lewd or indecent act or behavior
or shall exhibit, sell or offer to sell any indecent or lewd book,
picture or thing or shall exhibit or perform any indecent, immoral
or lewd play or other representation.
[Added 2-6-2002 by Ord. No. 1-2002]
A. For the purpose of this section, the following terms
shall have the meanings indicated:
OBSCENE MATERIAL
Any description, narrative account, display, depiction of
a specified anatomical area or specified sexual activity contained
in, or consisting of, a picture or other representation, publication,
sound recording, live performance or film, which by means of posing,
composition, format or animated sensual details, emits sensuality
with sufficient impact to concentrate prurient interest on the area
or activity.
RETAILER
Any person who operates a store, newsstand, booth, concession
or similar business with unimpeded access for persons under 18 years
old, who is in the business of making sales of periodicals or other
publications at retail containing pictures, drawings or photographs.
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals,
pubic region, buttock, or female breasts below a point immediately
above the top of the areola; or human male genitals in a discernibly
turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Human genitals in a state of sexual stimulation or arousal;
or any act of human masturbation, sexual intercourse or deviate sexual
intercourse; or fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breast.
B. Any retailer who displays or permits to be displayed
at his business premises any obscene material, as defined herein,
at a height of less than five feet or without a binder or other covering
placed or printed on the front of the material displayed shall be
guilty of a petty disorderly persons offense.
C. The public display of any obscene material shall constitute
presumptive evidence that the retailer knowingly made or permitted
the display of the obscene material.
No person or persons shall obstruct or interfere
with any person or persons lawfully being in or upon any street, public
place or building.
No person shall resist or in any way interfere
with or hinder or obstruct the Chief of Police or Marshal or any policeman
or any member of the Police Department in the discharge of his duty
as such officer or assist any person, while in his or their custody,
to escape or attempt to escape from such custody.
[Added 3-2-1978]
A. The pumping of any basement water or well water or the diversion of surface or other water to or upon Borough roads, rights-of-way, drains, catch basins, gutters and culverts is hereby prohibited in the Borough of Hopatcong, except as provided in §
167-10B.
B. Relief may be sought from portions of §
167-10A by owners of homes or commercial buildings constructed before March 10, 1978, whereby permission may be sought to divert springs or surface water into catch basins or storm drains. Application shall be made in triplicate to the Construction Official, who shall forward copies to the Borough Engineer and the Superintendent of Public Works. Upon review and favorable recommendation by the Borough Engineer and Superintendent of Public Works and agreement on the construction to be done and by what party, the Construction Official may issue a permit.
C. Enforcement of §
167-10A against all violators shall be by the Borough Engineer and the Superintendent of Public Works. In addition, enforcement against violations by water companies shall be by Borough police also.
[Added 3-1-1990 by Ord. No. 7-90]
No person shall place, shove, push, throw or
otherwise place snow, ice or other precipitation upon Borough roads,
rights-of-way or other facilities.
[Added 6-6-1958; amended 6-5-2024 by Ord. No. 11-2024]
A. It shall be unlawful for any person in a public or private place
to make, continue or cause to be made or continued any loud, unnecessary
or unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Borough.
B. Personal or commercial vessel music amplification or reproduction
equipment or any load or unnecessary or unusual noise shall not be
operated in such a manner that it is plainly audible at a distance
of 25 feet in any direction from the operator between the hours of
10:00 p.m. and 8:00 a.m.
C. Personal or commercial vessel music amplification or reproduction
equipment or any load or unnecessary or unusual noise shall not be
operated in such a manner that is plainly audible at a distance of
50 feet in any direction from the operator between the hours of 8:00
a.m. and 10:00 p.m.
[Added 6-6-1958]
The owner, lessee, tenant or occupant of any
house, shop, store or other building shall be held responsible for
any unusual or unnecessary noise, disturbance or other violation of
this chapter coming from said house, shop, store or other building
or property.
[Added 6-6-1958]
A. The using or operating, or permitting to be played,
used or operated, of any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device
is operated is prohibited. The operation of any such set, instrument,
phonograph, machine or device between the hours of 1:30 a.m. and 7:00
a.m. on all days except Saturdays, when the time is 2:30 a.m., and
New Year's Eve, Decoration Day Eve, Fourth of July Eve and Labor Day
Eve, when the time is 3:00 a.m., in such manner as to be plainly audible
at a distance of 50 feet from the building, structure or vehicle in
which it is located, shall be prima facie evidence of a violation
of this section.
B. The operation of any such set, instrument, phonograph,
machine or device in a public area or place between the hours of 1:30
a.m. and 7:00 a.m. on all days except Saturdays, when the time is
2:30 a.m., and New Year's Eve, Decoration Day Eve, Fourth of July
Eve and Labor Day Eve, when the time is 3:00 a.m., is prohibited.
[Added 6-6-1958; amended 9-7-1995 by Ord. No. 17-95]
The use of outside loudspeakers and amplifiers
is prohibited in accordance with the following schedules, excepting
police, fire or other emergency equipment or except as approved by
resolution of the Mayor and Council:
A. Sunday through Thursday: 10:00 p.m. through 7:00 a.m.
of the following day.
B. Friday, Saturday and the eve of Memorial Day, July
4, Labor Day and New Year's: 11:59 p.m. through 7:00 a.m. of the following
day.
[Added 10-5-1972]
No person while on or upon the River Styx Bridge
shall fish, swim or dive therefrom or cause to be dropped or thrown
any article or thing from said bridge.
[Added 6-6-1958; amended 8-16-2023 by Ord. No. 18-2023]
Each and every person violating any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of $100 for a first offense; $200 for a second offense; a fine
at the discretion of the judge not less than $300 nor exceeding $2,000
for a third or more offenses, or imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof, and the judge before whom any such person
may be brought may impose such punishment by fine or imprisonment
or community service as he may see fit, not exceeding the maximum
herein fixed. Each violation of any of the provisions of this article
and each day that such offense shall continue shall be deemed to be
a separate and distinct offense.
[Added 12-3-1981; amended 3-4-1982 by Ord. No. 6-82]
No person shall write, print or place with ink,
paint, chalk or any other substance or substances or otherwise mark,
scratch, carve or etch graffiti on the real or personal property of
another, whether said personal or real property is publicly or privately
owned, unless the owner of said property shall have, prior to the
writing, printing or placing of graffiti, specifically consented to
the same. For purposes of this section, "graffiti" shall mean any
letters, numbers, word or words, writing, inscription, symbol, drawing,
carving, etching or any other marking of any nature whatsoever which
defaces, obliterates, covers, alters, damages or destroys the real
or personal property of another.
[Added 9-1-1983 by Ord. No. 29-83]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
BOROUGH
All lands within the physical boundaries of the Borough of
Hopatcong.
PUBLIC PLACES
Any street, road, park, building or parking lot or any land
dedicated to or owned by the Borough of Hopatcong or the County of
Sussex or State of New Jersey or any of their departments or agencies,
including any lands or buildings owned by the Board of Education of
the Borough of Hopatcong, or any parking area open to the public,
playground or recreation area within the boundaries of the Borough
of Hopatcong. Specifically excluded from said definition of public
places are the following:
[Amended 10-6-1983 by Ord. No. 34-83; 4-5-1984 by Ord. No. 7-84]
(3)
Public parks and recreation areas, provided that a valid permit has been issued under §
163-18 of the Code of the Borough of Hopatcong.
(4)
Other municipal buildings, provided that written
permission has been obtained from the Borough Council Buildings and
Grounds Committee and the Mayor. This provision does not apply to
the Hopatcong Civic Center (Block 10001, Lot 5).
B. Consumption of alcoholic beverages of any type on
or in any of the public places defined herein is prohibited.
C. Consumption of alcoholic beverages of any type in
a private motor vehicle while the same is in motion or parked in any
public street, lane or parking lot or in any of the public places
defined herein is prohibited.
D. Consumption of alcoholic beverages of any type on
or in any private property without the express permission of the owner
or other person with authority to grant such permission is prohibited.
E. The provisions of this section shall not apply to
any places licensed by the Borough or by the State of New Jersey for
the sale, possession or consumption of alcoholic beverages thereon.
F. No person shall carry about in his hand or on his
person or while in any parked or moving vehicle any glass, tumbler
or open bottle or any open can containing alcoholic beverages or beverages
of which alcoholic beverages are a part, whether said glass, bottle
or can is clearly exposed or contained in a bag, in any public place
as defined herein.
G. Upon investigation by any person or officer to determine
whether violation of any of the above provisions has been made, any
person who shall empty a glass or other container in order to prevent
the inspecting or arresting officer or person from being able to make
a determination as to the alcoholic content of the beverage in the
container shall be presumed to have had a container having a beverage
with an alcoholic content, which presumption shall be rebuttable by
competent evidence.
H. Any person who shall violate any subsection of this
section shall be subject to a fine of not more than $200 for each
violation or to imprisonment for a period of not more than 90 days
for each offense, or both.
[Added 4-5-1984 by Ord. No. 8-84]
A. Findings. Pursuant to the authority of N.J.S.A. 40:48-2.26
and 48-2.27, the presence upon lands of brush, hedges and other plant
life greater than 2 1/2 feet in height above the established grade
of the street at the property line growing within 25 feet of the intersection
of roadways is decreed to be detrimental to the safety and general
welfare of the residents of the Borough of Hopatcong.
B. Duties of owners or tenants. The owner or tenant of
lands lying within the Borough shall be required to remove or cause
to be removed from such lands any brush, hedges and other plant life
greater than 2 1/2 feet in height above the established grade of the
street at the property line growing within 25 feet of the intersection
of roadways.
C. Service of notice. Notice to the owner or tenant to cause the removal of the substances referred to in Subsection
B may be served on him either personally or by certified mail at the address to which tax bills are sent; and if by certified mail, the ten-day period within which the removal shall be accomplished shall be deemed to have commenced from the date of the return receipt obtained by the postal authority for the delivery of the notice. Every notice, in addition to requiring removal, shall warn the owner or tenant of the lands to which the notice refers that failure to accomplish the removal within the times stated shall result in removal by or under the direction of the Construction Official, and the cost of such removal shall be charged to the owner or tenant of the lands and shall be payable to the Borough within 30 days after the date of submission of the charges. Unless the charges are paid within the thirty-day period, the costs shall become a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.27 and enforced by the same officers and in the same manner as taxes.
D. Removal by Borough; costs established as a lien. Whenever
the owner or tenant of lands within the Borough, after receiving notice
as aforesaid, fails and neglects within the time prescribed to effect
removal of such substances, the removal shall be accomplished by or
under the direction of the Construction Official. An accurate record
of the cost of removal to the Borough shall be determined by the Construction
Official, who shall certify the cost to the Borough Council, which
shall examine the certificate and, if found correct, shall cause the
cost as shown to be charged against the lands. Such amount shall become
a lien upon the lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon the 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.
[Added 12-6-1984 by Ord. No. 37-84]
A. Findings and purpose. The Mayor and Council of the
Borough of Hopatcong hereby find and declare that the exploration,
mining or milling of fissionable source materials poses a significant
danger to the public health, safety and welfare; that the hazards
associated with these activities cannot now be prevented or satisfactorily
minimized; that, therefore, unprecedented caution is needed in the
exploration, mining and milling of fissionable source materials; and
that the prohibition of these activities is necessary at this time
to ensure the protection of the public health, safety and welfare.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
FISSIONABLE SOURCE MATERIAL
(1)
Mineral ore which is extracted or processed
with the intention of permitting the product to become or to be further
processed into fuel for nuclear fission reactors or weapons; or
(2)
Mineral ore which contains uranium or thorium
in concentrations which might reasonably be expected to permit economically
profitable conversion or processing into fuel for nuclear fission
reactors or weapons.
C. Prohibition and exception.
(1) No person shall explore for, extract, mine, mill or
process any fissionable source material within the Borough of Hopatcong.
(2) Nothing in this section shall be construed to prohibit
or impair any authority of the Department of Environmental Protection
or the Federal Environmental Protection Agency to provide for the
containment, cleanup or removal of any fissionable source material
which poses an immediate or imminent danger to the public health,
safety and welfare.
D. Penalties. Any person who violates this section shall
be fined not more than $500 and/or imprisoned for not more than 90
days. If the violation is of a continuing nature, each day during
which it continues shall constitute an additional, separate and distinct
offense.
[Added 12-19-1989 by Ord. No. 47-89]
A. Statement of purpose. It has been determined that
the presence of large numbers of migratory waterfowl on and around
ponds and lakes in the Borough of Hopatcong causes a public health
nuisance in and around said ponds and lakes, including the surrounding
beaches and properties, which is inimical to the health and general
welfare of the public. The purpose of this section is to prevent such
conduct that may attract such migratory waterfowl to properties in
the Borough.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
MIGRATORY WATERFOWL
Includes those nondomesticated species of birds commonly
known as "swans," "geese," "brant," "river and sea ducks" and any
other waterfowl that generally follow a seasonal migration pattern.
C. Feeding of migratory waterfowl prohibited. No person
shall feed, cause to be fed or provide food for migratory waterfowl
in the Borough of Hopatcong on lands either publicly or privately
owned.
D. Exceptions. This section shall not be construed to
prohibit humane acts towards migratory waterfowl in individual cases,
such as the temporary nurturing of a wounded bird on one's own premises.
E. Other acts prohibited. No person shall create or foster
any condition or allow any condition to exist or continue which results
in a congregation or congestion of migratory waterfowl or in an accumulation
of waterfowl feces or droppings or in damage to flora, fauna or public
or private property or in a public health nuisance or in a threat
to the health, safety and welfare of the public or the waterfowl.
F. Enforcement. The Police Department and the Department
of Health of the Borough of Hopatcong are hereby authorized and directed
to enforce this section.
G. Violations and penalties. Any person convicted of
a violation of any of the provisions of this section shall be punished
by imposition of a fine not to exceed $500.
[Added 3-5-1992 by Ord. No. 5-92]
A. Purpose. The purposes of this section are to provide
regulations for the control of bonfires on the frozen waters of Lake
Hopatcong and Bear Pond and to provide for coordination between the
various enforcement agencies having jurisdiction over the frozen waters
of the lakes. These regulations shall supplement and not supersede
any existing state and/or local controls over such bonfires.
B. Definitions. As used in this section, the following
words shall be defined as follows:
BONFIRE
The open burning of combustible materials, whose products
of combustion are emitted directly into the open air and are not directed
through a stack or chimney.
C. Applicability. Except as hereinafter provided, no
person within the municipal limits of the Borough of Hopatcong shall
set, cause to be set, ignite, build, light, fuel, feed, maintain or
otherwise participate in the setting, ignition, building, lighting,
fueling, feeding or maintenance of any bonfire on the frozen waters
of Lake Hopatcong or Bear Pond.
D. Exclusions. The following activities are excluded
from the prohibitions of this section:
(1) Bonfires for which a specific written permit has been
issued by the New Jersey Department of Environmental Protection and
Energy, Division of Parks and Forests. Said permit shall include a
provision requiring the removal of all materials or other debris from
the frozen waters within 24 hours after the fire is extinguished.
(2) Other open fires for which a specific permit has been
issued by the New Jersey Department of Environmental Protection and
Energy pursuant to N.J.A.C. 7:27-2 et seq., Open Burning.
(3) Small, contained and controlled warming fires, using
a fuel source consisting only of wood, charcoal or propane and occurring
only during daylight hours, and further provided that any such warming
fire is located a minimum distance of at least 50 feet from the shore,
as well as from any dock, home or other structure. Any person who
ignites such a warming fire shall remove any and all materials and
debris from the frozen ice within 24 hours of the conclusion of the
fire.
E. Enforcement. This section shall be enforced by the
Municipal Police Department of the Borough of Hopatcong. Said Police
Department is hereby directed to cooperate in the enforcement of this
section with the New Jersey Department of Environmental Protection
and Energy (NJDEPE), Division of Parks and Forests, and the New Jersey
Bureau of Marine Law Enforcement (Marine Police) or their duly delegated
successors.
[Added 12-17-1992 by Ord. No. 38-92]
The owner and/or occupant of any property located
upon any public street or right-of-way which features a sidewalk or
other public walkway shall arrange for the removal of ice and snow
from said sidewalk or walkway so as to permit public passage by no
later than 12:00 noon on the next day following the termination of
the snowfall or precipitation event which caused the accumulation
of said ice and/or snow.
[Added 12-16-1998 by Ord. No. 37-98]
A. Burning of rubbish shall be prohibited except in approved
incinerators.
B. The burning of herbaceous or infested plant life,
the burning of orchard prunings and cuttings, prescribed burnings
and the clearing of agricultural land by burning are prohibited, unless
in accordance with a permit issued under the provision of N.J.A.C.
7:27-2, administered by the State Forest Fire Service in the New Jersey
Department of Environmental Protection (NJDEP).
C. A person shall not kindle or maintain any bonfire,
or other outdoor fire, or authorize any such fire to be kindled or
maintained unless:
(1) The location is approved by the Borough Fire Official
and is not less than 50 feet from any structure, and adequate provision
is made to prevent fire from spreading to within 50 feet of any structure;
or
(2) The fire is contained in an approved burner located
safely not less than 15 feet from any structure.
D. Fuel for bonfires or other outdoor fires shall consist
of seasoned dry wood only and shall be ignited with a small quantity
of paper only. Bonfires shall not contain rubbish, garbage, trash,
any material made of or coated with rubber, plastic, leather or petroleum-based
materials and shall not contain any flammable or combustible liquids.
The allowable quantity of wood to be burned shall be determined by
the Borough Fire Official and shall be based upon the fire-safety
requirements of the situation and the desirable duration of burn.
E. Bonfires shall be constantly attended by a competent
person until such fire is extinguished. This person shall have fire-extinguishing
equipment readily available for use as deemed necessary by the Borough
Fire Official.
F. The Borough Fire Official may prohibit any or all
bonfires that are or could be offensive or objectionable due to smoke
or odor emissions when atmospheric conditions or local circumstances
make such fires hazardous. The Fire Official shall order the extinguishment,
by the permit holder or the Fire Department, of any bonfire that creates
or adds to a hazardous or objectionable situation.
G. Open burning shall be allowed without prior notice
to the Fire Official for cooking fires, highway safety flares, smudge
pots and similar occupational needs.
[Added 10-2-2002 by Ord. No. 30-2002]
A. Definitions. For purposes of this section, the following
terms shall have the definitions provided for herein:
A PLACE TO WHICH THE PUBLIC IS INVITED
All sidewalks and parking lots for any private business establishment,
including but not limited to, shopping centers, stores, offices or
any other places of business.
BICYCLE
A vehicle with two wheels propelled solely by human power
and having pedals, handlebars and a saddle-like seat. The term shall
include a bicycle for two or more persons having seats and corresponding
sets of pedals arranged in tandem.
MUNICIPAL PARKING LOT
Any and all parking lots owned or controlled by the Borough
of Hopatcong or any agency thereof.
ROLLER SKATES
A device or devices worn on the feet with a set of wheels
attached, regardless of the number or placement of those wheels and
used to glide or propel the user over the ground.
SKATEBOARD
A platform or board with roller-skate wheels or other similar
wheels affixed to the underside, designed to be ridden by a person
or persons, which has no steering device or mechanism to steer or
control the direction thereof while being used or ridden, even though
the direction may be controlled to some degree by shifting the feet
or weight of the rider during such use.
B. Operation prohibited. No person shall use, operate
or ride any skateboard, roller skate or bicycle in any municipal parking
lot or in any place to which the public is invited as defined herein.
Nothing in this chapter shall be construed to prohibit the use of
bicycles as a means of transportation to or from any municipal parking
lot or any place to which the public is invited, as defined herein,
nor shall this chapter be construed to prohibit the walking or parking
of bicycles by the operator thereof within any municipal parking lot
or in any place to which the public is invited, as defined herein.
C. Enforcement. The provisions of this chapter may be
enforced by any Borough Police Officer and by any owner or tenant
of any business establishment with a parking lot or sidewalk or municipal
parking lot to which the public is invited; provided, however, that
the provisions of this chapter shall not be enforceable on any private
or municipal property until such time as the owner or tenant thereof
conspicuously posts a sign stating that the use of skateboards, roller
skates or bicycles on this property is prohibited by Ordinance No.
30-2002.
[Adopted 4-20-2005 by Ord. No. 13-2005]
The purpose of this section is to establish
requirements for the proper disposal of pet solid waste in the Borough
of Hopatcong, so as to protect public health, safety and welfare,
and to prescribe penalties for failure to comply.
A. Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated unless their use in the text of this section clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
PET
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable
container, and discarding in a refuse container which is regularly
emptied by the municipality or some other refuse collector; or disposal
into a system designated to convey domestic sewage for proper treatment
and disposal.
B. Requirement for disposal. All pet owners and keepers
are required to immediately and properly dispose of their pets' solid
waste deposited on any property, public or private, not owned or possessed
by that person.
C. Exemptions. Any owner or keeper who requires the use
of a disability assistance animal shall be exempt from the provisions
of this section while such animal is being used for that purpose.
The purpose of this section is to establish
requirements to control littering in the Borough of Hopatcong, so
as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
A. Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
B. Prohibited acts and regulated activities.
(1) It shall be unlawful for any person to throw, drop,
discard or otherwise place any litter of any nature upon public or
private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
(2) Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
The purpose of this section is to prohibit the
feeding of unconfined wildlife in any public park or on any other
property owned or operated by the Borough of Hopatcong, so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
A. Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this Chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
B. Prohibited conduct. No person shall feed, in any public
park or on any other property owned or operated by the Borough of
Hopatcong, any wildlife, excluding confined wildlife (for example,
wildlife confined in zoos, parks or rehabilitation centers, or unconfined
wildlife at environmental education centers).
The purpose of this section is to establish
requirements for the proper handling of yard waste in the Borough
of Hopatcong, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
A. Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular number, and words used in
the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
B. Prohibited conduct. The owner or occupant of any property,
or any employee or contractor of such owner or occupant engaged to
provide lawn care or landscaping services, shall not sweep, rake,
blow or otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this section.
The purpose of this section is to establish
a yard waste collection and disposal program in the Borough of Hopatcong,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
A. Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
B. Yard waste collection. Sweeping, raking, blowing or
otherwise placing yard waste that is not containerized at the curb
or along the street is only allowed during seven days prior to a scheduled
and announced collection, and shall not be placed closer than 10 feet
to any storm drain inlet. Placement of such yard waste at the curb
or along the street at any other time or in any other manner is a
violation of this section. If such placement of yard waste occurs,
the party responsible for placement of the yard waste must remove
the yard waste from the street or said party shall be deemed in violation
of this section.
The provisions of this article shall be enforced
by the Zoning Officer, Animal Control Officer, Police Department and
Health Department of the Borough of Hopatcong.
Any person violating any provision of this article
shall, upon conviction, be punishable by a fine not exceeding $1,250
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof. Each violation
of any of the provisions of this article and each day that such offense
shall continue shall be deemed to be a separate and distinct offense.
Each section, subsection, sentence, clause and
phrase of this article is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this article to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
article.