Editor's Note: 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.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- 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, 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.
- LITTER RECEPTACLE
- Any container suitable for the depositing of litter as so designated by the municipality.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any vacant or unimproved lot or parcel of land, or any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, walk, driveway, porch, steps or vestibule belonging to or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, derelict or abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- 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.
Litter in Public Places.
It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
Litter on Occupied Private Property. No persons shall throw, deposit or store litter on any occupied private property within the city whether the property is owned by such person or not, except that the owner or person in control of such private property may maintain authorized private receptacles for collection and removal of the litter in such manner that the same shall not be unsightly or detrimental to the surrounding neighborhood.
Owner to Maintain Premises Free of Litter, Tires and Vehicles. It shall be unlawful for the owner or person in control of any private property to permit litter to accumulate thereon, or to otherwise store or permit the storage of tires, trailers, semitrailers or any motor vehicle which is missing tires, wheels, engine or any essential parts; which displays extensive body damage or deterioration; which does not display a current, valid state license; which is wrecked, disassembled or partially disassembled; or which is abandoned or otherwise unable to be self-propelled; provided that this section shall not prohibit the storage of litter in authorized private receptacles for collection, or of tires or vehicles in a fully enclosed structure.
Litter on Vacant Lots. No person shall throw or deposit litter or permit such to be thrown or deposited on any open or vacant private property within the city whether the property is owned by such person or not.
Sweeping Litter into Gutters Prohibited. No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter or permit such to be thrown or deposited in any public place within the city or on private property.
Transportation from Outside City. No person shall bring, cart, remove, transport or collect any litter from outside the city into the city for the purpose of dumping or disposing thereof, except with the express written permission of the City Council or its authorized agent. No truck or other vehicle containing litter which has been transported into the city shall be parked or allowed to remain standing on any street in the city or on any public property for a period in excess of two hours.
Handbills. No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings or into any vehicle while on the public highways or on private property within the city, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addressees. Advertisements, handbills, circulars and papers may be distributed in the city, provided that they are securely placed at each dwelling so as not to be blown away by the wind.
Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized by the owners thereof or required by law.
Dropping Litter from Aircraft. No person in any aircraft shall throw out, deposit or drop or permit to be thrown, dropped or deposited any litter, handbills or any other object within the city.
Illegal Dumping. It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
Storage of Household Solid Waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
Transportation Within the City. It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
Construction Sites. It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
Open or Overflowing Waste Disposal Bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
Commercial Establishments and Residences. It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
Violations of Health Codes. All violations of the code established pursuant to Ch. BH-II of this revision, commonly known as the "New Jersey State Public Health Nuisance Code," and as administered thereunder, shall constitute a violation of this chapter and be subject to the penalties provided herein.
Notice to Owners or Occupants. It shall be unlawful for any owner or occupant of any premises to neglect to remove, eliminate or correct any nuisance as defined by Ch. BH-II of this revision, or to neglect to remove any filth, garbage, trash, litter, debris or other conditions prescribed by this chapter within 10 days after being notified to remove, eliminate or correct such by the Mayor, member of the City Council or other appropriate officer designated by them.
Removal by City; Costs Established as a Lien. Upon the failure of any owner or occupant of any premises to remove, eliminate or correct any of the aforesaid conditions within 10 days after notification as provided in Subsection 3-2.2 of this revision, the City Council or its designated officer shall cause such to be removed and the costs thereof, as nearly as can be ascertained, shall be certified to the officer or officers whose duty it is to assess and levy the taxes of the city. The cost shall thereupon be charged against the land and premises and become and be a first and paramount lien upon the lands and premises, and shall be added to and become and form a part of the taxes assessed against the lands and premises, and collected with and in the same manner as the taxes next to be assessed and levied upon the lands and premises. The same is 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.
Collection and Enforcement. The imposition and collection of the fine imposed by this section shall not bar the right of the city to collect the cost of removal in the manner as required in this section, and the remedy shall be cumulative.
The City Council may by its resolution designate a person to enforce the provisions of this section.
It shall be unlawful to operate or maintain a commercial turkey farm within the city limits and it shall be unlawful for any person to raise more than five turkeys at any time.
Trash and Garbage Disposal. All trash and garbage collected within the city shall be disposed of by the sanitary landfill or incinerator method in accordance with the standards for the design, operation and maintenance of sanitary landfills and incinerators contained in the State Sanitary Code of June 30, 1960.
Deposit of Paper. It shall be a violation of this subsection to deposit unbagged articles in the sanitary landfill as of May 17, 1973.
Dump and Landfill Regulations. All refuse, as set forth below, shall be deposited in the manner and place as specifically designated and directed by the City Council or its designated agent:
The City Council may, by its resolution, designate dates and times for use of the city landfill and employ the persons as are necessary for the maintenance, supervision, care and operation of the landfill and set the hours of the employment and fix the compensation thereof. The City Council may also make other rules and regulations as it deems fit for the operation of the city dump and landfill.
No person shall deposit in the city dump and landfill any rubbish, trash or other refuse, except noncommercial use by persons who are residents of the city or unless the person has consent of the City Council or its designated agent.
It shall be unlawful to deposit refuse, as hereinbefore set forth, in the city dump and landfill except during hours as may be set by the City Council.
The following articles shall be encased in a plastic bag, securely fastened so as to prevent the articles from being scattered: papers, newspapers, tissues, cardboard, cereal boxes, cellophane, candy wrappers and all other articles of light weight and susceptible to being scattered by the wind or elements.
Scavenging. No person shall enter in or upon the sanitary landfill or any other garbage or solid waste disposal area maintained within the city and engage in any acts of scavenging of the refuse or other debris deposited thereat or cause, assist or permit any such refuse, debris or garbage to be unbagged, scattered or carried away from the premises without the express written permission of the City Council or its designated agent.
Restriction. It shall be unlawful for any person to cut, remove, destroy or damage any trees, logs or other timber, whether living or dead, from or upon the land of another without the express permission of the owner thereof; nor shall any owner of land or his agent cut the trees thereon without first obtaining a license therefor, as provided in Section 4-4 of this revision. This provision shall not apply to the cutting of trees by the owner thereof for his personal household use, and provided that they are not offered for sale or other commercial use.
Separate Violations. Each unlawful cutting or appropriation of 200 cubic feet or less of wood shall constitute a separate and distinct violation of this section.
Minimum Penalty. The minimum mandatory penalty for each violation of this section shall be a fine of $500 or imprisonment for a period of not less than 30 days, or both. The maximum penalties for each violation of this section shall be one or more of the following: imprisonment for a term not exceeding 90 days; a fine not exceeding $1,000; or a period of community service not exceeding 90 days.
Deer Driving Unlawful in Certain Areas. It shall be unlawful to drive deer or take part in a deer drive within any area of the municipality zoned as RV Village Residence, as well as in certain of those areas zoned as R-5 immediately adjacent to the foregoing Village Residence Zone, said area generally bounded on the north by Tenth Avenue and the Township of Weymouth, on the east by Tuckahoe Road and limited residential districts adjacent thereto, on the south by First Avenue and on the west by Linwood Avenue, excepting therefrom those portions of the R-5 Zone south of a line 900 feet north of Fourth Avenue and west of a line 900 feet west of Cape May Avenue. A map of the foregoing described areas within which deer driving is prohibited shall be posted and on file for inspection in the office of the City Clerk.
Definitions; Construal. For the purposes of this section, "to drive deer" means to intentionally pursue, drive, chase or otherwise frighten or cause deer to move in the direction of any person or persons known to be waiting for the deer. Nothing, however, in this section shall be construed to prevent properly licensed and regulated hunting of deer by individuals within those areas designated above as long as such deer driving techniques are not employed.
Editor's Note: With the addition of this section, former Section 3-6, Penalty, was redesignated as Section 3-7.
[Amended 10-4-2006 by Ord. No. 08-06]
For violation of any provision of this chapter, or any other chapter of these ordinances for which no specific penalty is provided, the maximum penalties upon conviction of each violation shall be one or more of the following: imprisonment for a term of up to 90 days; a fine of up to $2,000; or a period of community service of up to 90 days.
Whenever a fine is to be imposed in an amount greater than $1,250 for violations of housing or zoning codes, the owner shall be provided a thirty-day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other chapter or ordinance of the City exists shall constitute a separate violation.
Application. The maximum penalty stated in the general penalty clause of 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 a particular violation.
Purpose. The purpose of this chapter is to provide standards and regulations for various types of intrusion, burglar, fire and other emergency alarm devices, whether by direct line, radio, telephone or other means, for the purposes of giving alarm to summon emergency services. The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the police, Fire Department or other emergency services to any location in response to any type of alarm signal.
False Alarms. Any party owning or operating an alarm device shall maintain said alarm in proper working condition, and each and every false alarm in excess of three such false alarms which occurs in any twelve-month period shall constitute a violation of this section and shall subject the owner or operator to a penalty as otherwise provided herein.
Charges for False Alarms. Should a false alarm be received from any alarm device, the following will apply:
For the first false alarm that shall occur within any calendar year, a warning shall be issued by the Chief or designated representative of the agency receiving such false alarm to the person owning or operating the alarm that caused the false alarm.
For each false alarm thereafter that shall occur within any twelve-month period, a charge of $50 per false alarm may be assessed in the discretion of the Chief or designated representative of the responding agency, which charge shall be payable to that agency within 30 days after notice of assessment is mailed to the party owning or operating the alarm.
Failure to pay the charge assessed for false alarms as set forth herein within 30 days after notice of assessment shall constitute a violation of this section and shall subject the person responsible for penalties as otherwise provided herein.
Maximum Penalty. Any party who violates the provisions of this section shall, upon convictions thereof, be punished by a fine not exceeding $500, by imprisonment for a term not exceeding 90 days and/or by being required to perform community service for up to a maximum of 90 days. A separate offense shall be deemed committed on the day in which a violation occurs and each day the violation continues to occur.
[Added 10-3-2001 by Ord. No. 13-01]
Unlicensed Entry of Structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any structure or separately secured or occupied portion thereof.
Defiant Trespasser. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
Defenses. It is an affirmative defense to prosecution under this section that:
3-10 Discourteous and/or inconvenient, annoying and/or alarming conduct from operation and/or use of motor vehicle.
[Added 9-3-2008 by Ord. No. 07-2008]
Prohibited Behavior. No person shall operate or use any motor vehicle in such a fashion which is discourteous and/or which causes public inconvenience, annoyance or alarm to other operators of motor vehicles and/or pedestrians and/or residents within the confines of the City of Estell Manor.
Authority to Arrest Without Warrant. Any officer or member of any Police Department shall have the power and authority to arrest, without warrant, any person found by him violating any of the provisions of this section or committing any of the acts herein specifically or generally set forth.
Penalties. Any person violating any of the provisions of this section shall, upon conviction, be punished for each offense by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 90 days, or both.