Statutory reference is N.J.S.A. 40:48-2.13 and N.J.S.A. 40:48-2.14.
[1973 Code § 8:5-1]
As used in this section:
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage, refuse and rubbish as defined herein
and all other waste material which, if thrown or deposited as hereinafter
prohibited, tends to create a danger to or is otherwise inimical or
detrimental to the public health, safety and welfare.
Shall mean any and all streets, sidewalks, boulevards, municipal
or private parking lots, alleys or other public ways, and any and
all public parks, squares, spaces, grounds, buildings and recreation
areas.
Shall mean all putrescible and nonputrescible solid wastes
(except body waste), including garbage, rubbish, ashes, street cleanings,
dead animals, animal feces or excremental matter, abandoned automobiles
or any parts thereof, and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, but not limited to stones,
glass, sticks, paper, rags, straw, wood, rocks, dirt, dust, sidewalk
sweepings, turf, sand, debris, junk, automobile bodies, framework,
chassis, abandoned automobiles, or any combination of the same, ashes,
wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves,
bedding, crockery and similar materials.
[1973 Code § 8:5-2]
No person shall throw, place, deposit or cause to be thrown, placed or deposited, litter or any dangerous or offensive substances in or upon any public place within the Township except in a public receptacle or in an authorized private receptacle for private collection, provided, however, that the public receptacle shall not be used for the deposit of garbage. It shall be unlawful to throw or cause to be thrown litter or any dangerous or offensive substance at any car, vehicle, house, building, or fence within the Township limits. The curbing of animals (for regulations concerning the curbing of animals, see Section 8-12 of Chapter 8, Animal Control) shall not be prohibited by this section.
[1973 Code § 8:5-3]
All persons placing litter in public receptacles or in private
receptacles shall do so in such manner as to prevent it from being
blown, carried or deposited by the elements upon any public place
or private property.
[1973 Code § 8:5-4]
No person shall sweep, cast, throw or deposit or cause to be
swept, cast, thrown or deposited in any public place within the Township
the accumulation of litter from any building, or lot or from any public
or private sidewalk in front of their premises free from litter. This
shall not prohibit the placing of leaves in the gutter of any street
in accordance with announced rules of the Township in the event the
Township shall at any time undertake the collection of leaves in a
regular collection program.
[1973 Code § 8:5-5]
No person shall throw or deposit litter upon any public or private
place within the Township from any vehicle.
[1973 Code §§ 8:2-12D and 8:5-6]
No person shall drive or move any truck, trailer, construction
equipment or any vehicle within the Township unless the same is so
constructed or loaded as to prevent any load or contents of litter
from being blown or deposited upon any street or other public or private
place; nor shall any person drive or move any truck, trailer, construction
equipment, or any vehicle within the Township, the wheels or tires
of which carry onto or deposit in any street or other public place,
mud, dirt, sticky substances or foreign matter of any kind.
[1973 Code § 8:2-12B and C]
a.
No person shall deposit upon the surface of any public or private
property or upon any street of the Township, any rubbish or matter
likely to decompose or be blown about by the wind or use any such
substances to fill in or raise the surface or level of any ground
in the Township.
b.
No person shall deposit, throw, spill or dump dirt, ashes or other
material upon any street or portion thereof, or cause or permit the
same to be done.
[1973 Code § 8:5-7]
No person shall throw, place, deposit or permit to be thrown,
placed or deposited, upon any public or private lot, litter.
[1973 Code § 8:5-8]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street, or other public place within
the Township. Nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful on any sidewalk, street, or other public
place within the Township to hand out or distribute, without charge
to the receiver thereof, any noncommercial handbill to any person
willing to accept it.
[1973 Code § 8:5-9]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[1973 Code § 8:5-10]
a.
Prohibited. 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, except by handing or transmitting
any such handbill directly to the owner, occupant or other person
then present in or upon such private premises, provided, however,
that in case of inhabited private premises, which are not posted,
as provided in this section, such person, unless requested by anyone
upon such premises not to do so, shall have the authority to place
or deposit any such handbill in or upon such inhabited private premises,
if such handbill is so placed or deposited as to secure or prevent
such handbill from being blown or drifted about such premises or sidewalks,
streets, or other public places, and except that mailboxes may not
be used when so prohibited by Federal postal law or regulations.
b.
Exemption for Mail and Newspapers. The provisions of this subsection
shall not apply to the distribution of mail by the United States,
nor to newspapers.
[1973 Code § 8:5-11]
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 by the owners thereof or
required by law.
[1973 Code § 8:5-12]
No person shall throw, deposit or store litter on any occupied
private property within the Township whether owned by such person
or not, except that the owner or person in control of private property
may maintain private receptacles for collection and removal of same
in such manner that same shall not be unsightly and detrimental to
the surrounding neighbors.
[1973 Code § 8:5-13]
The owner or person in control of any private property in the
Township shall at all times maintain the premises free of litter,
refuse and rubbish, regardless of the source of the same. This subsection
shall not prohibit the storage of garbage, rubbish and litter in private
receptacles for collection in accordance with regulations and ordinances
of the Board of Health.
[1973 Code § 8:5-14]
All property owners and occupants thereof abutting Green Brook
and other bodies of water, to the extent of their ownership or occupancy,
shall keep the banks and stream beds and bodies of water within the
Township free of litter, refuse and rubbish, regardless of the source
of the same.
[1973 Code § 8:2-12A]
No person shall, within the limits of the Township, throw or
discard any tin cans, bottles, garbage or refuse of any kind whatsoever
into the waters of any pond, stream or lake or into waters adjacent
thereto, or discharge any sewage or waste into the waters of any pond,
stream or lake or pollute the waters of any pond, stream or lake in
any manner whatsoever.
[Prior ordinance history includes portions of 1973 Code §§ 8:2-3,
8:2-6]
[Ord. 97-626]
Shall mean any sound which (a) endangers or injures the safety
or health of humans, or (b) annoys or disturbs a reasonable person
of normal sensitivities, or (c) endangers or damages personal or real
property.
[Ord. 97-626]
a.
No person shall wantonly or unreasonably make, continue or cause
to be made any continual noise disturbance in the Township. The following
is an illustrative, but not all-inclusive, list of sources that can
cause a noise disturbance.
b.
Any noise disturbance wantonly or unreasonably made, continued, or
caused to be continued in a manner as to be plainly audible at a distance
of one 100 feet from the building, structure, vehicle or instrument
which is the source of the noise disturbance, shall be prima facie
evidence of a violation of this section.
c.
Nothing herein contained shall be construed to prohibit playing by
a band or orchestra in a hall, building or in the open air, nor shall
this section be applicable to police, fire, first aid, emergency or
municipal vehicles; nor to church bells; nor to the normal use to
be made of parks, recreation places, playing fields and playgrounds;
nor to construction activity conducted during the hours of hereinafter
set forth.
[Ord. 97-626]
Between the hours of 10:00 p.m. and 7:00 a.m. Monday through
Friday and from 9:00 p.m. through 8:00 a.m. on Saturdays and Sundays,
no person shall operate and use tools or equipment in conducting any
excavation, demolition, erection, alteration, repair, loading or unloading
of construction equipment, or other construction activity which shall
make any loud or disturbing noise, except in case of urgent necessity
in the interest of public health, safety and welfare; and then only
upon prior written permission from the Chief of Police or his designee.
[Ord. 97-626]
No person shall sound a vehicle horn other than as a warning
signal necessary and essential in driving said vehicle or operate
any motor vehicle so as to cause any unnecessary noise with the tires,
mufflers or engine.
[Ord. 97-626]
This section shall not be applicable to police, fire, first aid, emergency or municipal vehicles, solid waste haulers nor to church bells or carillons. Nor shall subsection 3-2.2 hereof be applicable to actual uses which are regulated as to noise by other ordinances of the Township of Green Brook.
[Ord. 97-626]
This section shall be enforced by the Green Brook Township Police
Department or by the Green Brook Township Health Officer or his agent.
[Ord. 97-626]
Loading, unloading, opening, closing or other handling of doors, boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, shall not be allowed between the hours set forth in subsection 3-2.3. This subsection shall not apply to the Township solid waste hauler, if any, who shall be subject to the restrictions set forth in the contract.
[Ord. 97-626]
The operating or permitting the operation of any motor vehicle
whose manufacturer's gross weight is in excess of 10,000 pounds,
or any auxiliary equipment attached to such a vehicle, is prohibited
for a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within one 150 feet
of a residential area between the hours of 10:00 p.m. and 7:00 a.m.
of the following day.
[Ord. 97-626]
Operating or permitting the operation of any tools or equipment used in construction, drilling, earth moving, excavating or demolition work is prohibited between the hours set forth in subsection 3-2.3.
[Ord. 97-626]
[Ord. 8-9-73 § 2.1;
1973 Code § 7:3-1]
The purpose of this section is to provide standards and regulations
for the maintenance of properties used for business, commercial and
industrial purposes in the Township, in order to provide for maximum
police, fire and other emergency services and protection.
[Ord. 8-9-73 § 2.2;
1973 Code § 7:3-2]
The provisions of this section shall apply to all properties
located within the Township, actually used for business, commercial
or industrial purposes, regardless of the zone district in which the
same may be located under the Township Zoning Ordinance.
[Ord. 8-9-73 § 2.3;
1973 Code § 7:3-3]
a.
Exterior Aisles. Each such premises shall maintain an open vehicle
passageway around the exterior of the buildings, or so much thereof
as physically accessible giving regard to the nature of the building
and premises, so that police vehicles may drive close to the buildings
and have full observations of all doors at all times.
b.
Exterior Lighting. During the nighttime hours when the premises are
not open for business or to the public, each such premises shall maintain
exterior lighting, at or near all doors to all buildings, sufficient
to give view of the doors to police in vehicles, but shielded so as
to prevent glare or annoyance to adjoining properties. This lighting
requirement shall be in addition to such lighting as may be required
of a specific use under the business licensing ordinance, or as may
be required by the zoning ordinance, or by any board in implementation
thereof.
c.
View of Interior from Exterior; Lighting.
1.
Each such premises shall maintain windows and/or windows in doors,
giving view of the interior of the premises from the outside of the
building.
2.
Such windows shall be unobstructed during nighttime hours when the
establishment is not open for business or to the public, but such
view may be restricted by curtains, drapes or other materials or items
when the premises are actually occupied and open for business.
3.
During the nighttime hours, when the establishment is not open for
business or to the public, there shall be maintained interior lighting
sufficient to illuminate the premises for police and fire purposes.
4.
The requirements of this paragraph are designed to give police a
view of the interior in providing protection to the properties during
nighttime hours; to assist in protecting the lives of the police in
the event exterior inspection reveals that there may have been a break-in;
and to increase the possibility of fire detection at an early stage,
which would not be possible if the interior was not visible by officers
"making rounds".
5.
The requirements of this paragraph shall not be applied so as to
require a Federally licensed weapon or ammunition dealer to violate
the law prohibiting display in such manner as to be visible from the
exterior.
d.
The standards contained herein shall be deemed minimum standards
and shall supplement and not repeal or diminish other standards for
police and fire protection as found in the Fire Prevention Code or
other ordinances of the Township.
e.
In considering the adequacy of access and view, and sufficiency of exterior and interior lighting, as aforesaid, the Chief of Police, in addition to those purposes and standards set forth in subsection 3-3.1 and hereinabove, shall be guided by the following: the nature of the locations of business and industrial establishments in this Township, that is that same are located along highways and major thoroughfares and require patrol by vehicle, rather than by foot patrol; that for the most part door checks must be done by inspection from the police vehicle, by view rather than by alighting from the vehicle in order to be able to maximize coverage; and that when a police officer must leave his vehicle to check an establishment he is often in a then isolated area and must have the advantage of lighting, being able to see both around the building and inside the premises, for his own protection as well as for the purposes of serving his function in protecting the property and preventing crime. In making such determinations the Chief of Police shall have the right to call upon the Chief of the Fire Department and its Fire Prevention Bureau with regard to its functions.
[Ord. 8-9-73 § 2.4;
1973 Code § 7:3-4]
If any owner of property, or operator of any business or industry shall be aggrieved by any order issued by the Chief of Police in the determination of the establishment of exterior aisles, exterior lighting, or view of interior from exterior and lighting of interior, as set forth in subsection 3-3.3, paragraphs a, b and c, above, such person shall have the right to appeal to the Township Committee by filing an appeal with the Township Clerk within five days after service upon such person of the order by the Chief of Police. The appeal shall state in detail in what respects the appellant shall disagree with the determination of the Chief of Police, and shall state alternate proposals for meeting the purposes of this section on the specific property. The Township Committee shall thereupon schedule a hearing, upon notice to such appellant, at which hearing the Township Committee shall be guided by the purposes and standards set forth herein. The Township Committee may affirm the order of the Chief of Police, or may modify same, as proposed by appellant or otherwise, in such manner as will fulfill the purposes of this section.
[Ord. 3-13-75 § 2; Ord. 96-602 § 1]
a.
No person shall consume or offer to another for consumption, any
alcoholic beverage, and no person shall knowingly possess an opened
container of any alcoholic beverage, in, or upon any public street,
road, alley, sidewalk, park, or playground, or in, on or upon any
land owned or occupied by any Federal, State, County or municipal
government or agency, in the Township. The minimum fine for a violation
of this section shall be $100.
b.
There shall be a rebuttable presumption against each and every person
charged with the offense of possession of an opened container of alcoholic
beverage in a motor vehicle that such person was knowingly in possession
thereof. (See also N.J.S.A. 39:4-51b)
c.
The prohibitions of this subsection shall not apply to permit activities
within buildings, and shall not apply to duly authorized and organized
picnics or like functions on public lands, or to specially permitted,
organized outdoor picnics or like functions connected with business
establishments and sponsored by or specifically permitted by the owner
or operator of the establishment.
[Ord. No. 2007-732]
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 person's condition may be monitored
until the person is no longer a danger to himself or others, at which
time such person shall be released from custody. A person shall be
deemed no longer a danger to himself and others when the person's
blood alcohol concentration is less than 0.05% and/or the person is
no longer under the influence of any intoxicating liquor or narcotic
or hallucinogenic or habit-forming drug to the extent that the person's
faculties are impaired. In no event shall the Township police hold
a person in protective custody for a period of longer than eight hours
without providing an appropriate hearing.
b.
Notwithstanding the provisions of paragraph a of this subsection,
provided that it is not a detriment to the public safety, the arresting
law enforcement agency may, because of the age, health or safety of
the arrested person, release the person pursuant to the provisions
of P.L. 2001, c.69 (C.39:4-50.22 et seq.) or provide an appropriate
alternative to protective custody. If a person is released from custody
pursuant to the provisions of this subsection, the Township shall
not be subject to liability in accord with the provisions of N.J.S.A.
40:48-1.3(6).
[Ord. No. 2011-781]
It shall be unlawful for any person under the legal age to knowingly
possess or knowingly consume an alcoholic beverage on private property
without legal authority.
a.
Violations and Penalties.
1.
Any person violating the provisions of this subsection shall be punished
by a fine of $250 for a first offense and $350 for any subsequent
offense.
2.
In addition to the fine authorized for this offense, the court may
suspend or postpone for six months the driving privilege of a person
convicted of this offense. Upon the conviction of any person and the
suspension or the postponement of that person's driver's
license, the court shall forward a report to the Motor Vehicle Commission
stating the first and last day of the suspension or postponement period
imposed by the Court. If a person at the time of the imposition of
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.
3.
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 Motor Vehicle Commission
along with the report. If for any reason the license can not 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.
4.
The Court shall inform the person orally and in writing that, if
a 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 N.J.S.A. 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 N.J.S.A. 39:3-40.
5.
If a person convicted under this subsection is not a New Jersey resident,
the Court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit it to the Motor Vehicle Commission on the required report.
The court shall not collect the license of a nonresident convicted
under this subsection. Upon receipt of a report for the court, the
Motor Vehicle Commission shall notify the appropriate officials of
the licensing jurisdiction of the suspension or postponement.
b.
Exceptions; Definitions.
1.
Nothing contained in this subsection is intended, nor shall it be
construed, as prohibiting an underage person from consuming or possessing
an alcoholic beverage in connection with a religious observance, ceremony
or rite, or consuming or possessing an alcoholic beverage in the presence
of and with the permission of a parent, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages.
2.
GUARDIAN
RELATIVE
Definitions. As used in the preceding subsection, the following terms
shall have the meaning set forth:
Shall mean a person who is qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or
uncle, sibling, or any other person related by blood or affinity.
3.
Nothing contained in this subsection is intended, nor shall it be
construed, as prohibiting 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; provided, however,
that this article shall not be construed to preclude the imposition
of a penalty under this article, or N.J.S.A. 33:1-81, or any other
section of law against the person who is convicted of unlawful alcoholic
beverage activity on or at premises licensed for the sale of alcoholic
beverages.
[1973 Code § 8:3-1]
As used in this section:
Shall mean a motor vehicle which cannot be moved under its
own power from place to place on a public highway.
Shall mean the keeping of a motor vehicle, or parts thereof,
upon any lands and premises, public or private, for a period of more
than 15 days.
Shall mean a motor vehicle which does not bear up-to-date
registration plates duly registered with and issued by the State of
New Jersey for such motor vehicle.
[1973 Code § 8:3-2]
It shall be unlawful for any person, firm or corporation to
store, or to permit, cause or suffer to be stored, upon any lands
or premises in the Township, any motor vehicle, or parts thereof,
which is not capable of being presently used or operated, or any unregistered
motor vehicle, unless such motor vehicle, or parts thereof, is garaged.
[1973 Code § 8:3-3]
Nothing herein shall prevent a bona fide service station or
automobile repair shop from having a motor vehicle or vehicles upon
premises which is or are being, or is or are about to be repaired,
provided each such vehicle is duly registered and bears an up-to-date
registration and plates of a state wherein the owner of such vehicle
resides.
[1973 Code § 8:3-4]
The owner or owners of premises upon which a violation of the
foregoing is committed or allowed to exist, the owner or owners of
any motor vehicle involved in such violation, and any person actually
storing any such vehicle in violation of this section, shall each
be liable for the violation and be subject to the penalties provided
in this section.
[1973 Code § 8:2-17; Ord. 97-616]
No person shall, within the limits of the Township, fire or
discharge any gun, pistol, firearm, destructive device, or weapon
as they are defined in N.J.S.A. 2C:39-1; provided, however that this
section shall not apply to the use of such weapons at any military
exercise or review, or target practice approved by the Chief of Police,
or in the lawful defense of the person, family or property of any
citizen; provided, however that nothing herein contained shall prohibit
a resident of the Township from discharging a firearm during any open
hunting season, providing he or she complies with all applicable New
Jersey State Statutes and regulations controlling hunting and those
outlined in any applicable ordinance of the Township regulating hunting.
[1973 Code § 8:4-1]
No person shall hunt for, capture, kill, destroy or injure,
or pursue with intent to capture, kill, destroy or injure, a wild
bird or animal, either game or otherwise, of any description, within
500 feet of any street which is open to or used by the public, or
within 500 feet of any building, dwelling or structure now existing
or hereafter constructed in the Township.
[1973 Code § 8:4-2]
The presence of any person on the property of another within
500 feet of any street which is open to or used by the public, or
within 500 feet of any building, dwelling or structure now existing
or hereafter constructed in the Township, with firearms, bow and arrow,
or other weapon, hunting dog or hunting dogs other than on leash,
shall constitute prima facie evidence of a violation of the terms
of this section.
[1973 Code § 8:4-3]
Nothing herein shall enlarge the rights or privileges to hunt
which may be granted by other laws or ordinances nor to give nonresidents
of the Township any right or privilege to hunt in this Township.
[1973 Code § 8:2-1]
No person shall, within the limits of the Township, bathe, swim
or be found in a state of nudity in the waters of any pond, stream
or lake, or in waters adjacent thereto.
[Ord. 3-11-76 § 1]
Pursuant to N.J.S.A. 5:8-31 legalized licensed Bingo games may
be permitted in the Township, on the first day of the week, known
as Sundays, between the hours of 6:00 p.m. and 10:30 p.m., prevailing
time, on the same conditions and subject to the same regulations and
laws as pertain to such games on any other day of the week.
[Repealed by Ord. No. 2011-779a]
[Ord. 10-11-90 § 1]
The definitions contained in Chapter 200, P.L. 1989, are hereby
incorporated herein and shall be the definitions applicable to this
section.
[Ord. 10-11-90 § 1]
Each and every business, commercial, industrial, professional,
multi-dwelling, public use, or any other use required by the laws
of the State of New Jersey, or any regulation of the State, or by
any other local ordinance, to provide handicapped parking spaces,
shall provide such spaces in the locations and dimensions required
by law or regulation. The same shall be shown and designated as part
of any site plans presented to the approving authority pursuant to
the provisions of the Land Development Ordinance of the Township of
Green Brook.
[Ord. 10-11-90 § 1]
Any eligible handicapped individual may request a police officer's
assistance in arranging for the removal and storage of a motor vehicle
which is unlawfully parked in a parking space or zone which is restricted
for use by a handicapped person.
[Ord. 10-11-90 § 1; Ord. No. 2004-694]
The owner of said unlawfully parked vehicle shall be:
a.
Subject to a fine of $250 for the first offense and, for subsequent
offenses, a fine of at least $250 and up to 90 days community service
on such terms and in such form as the court shall deem appropriate,
or any combination thereof.
b.
In addition to the fines and penalties under a above, be fully responsible
for the payment of the costs of said vehicle's removal and storage.
[Ord. 10-11-90 § 1]
It shall be the responsibility of the owner of all properties
on which handicapped parking is required to erect legal and proper
signs designating such parking areas, conforming to the laws and regulations
of the State of New Jersey. Such signs shall be erected within 90
days of the effective date of this section. All parking signs erected
after the effective date of this section shall set forth the notification
that parking in a space reserved for handicapped shall be in violation
of this section and shall state the penalties set forth in R.S. 39:4-197(3)(c).
Signs erected prior to the effective date of this section shall be
modified as above within 12 months after the adoption of this section.
[Ord. 2-9-95]
No owner or operator of premises having parking spaces reserved
for handicapped drivers, and no tenant, contractor or other person
may block access to such parking spaces reserved for handicapped drivers
by the plowing, hiring or placement of snow or ice in such spaces.
Any owner, operator or tenant who violates this section shall be required
to remove the snow and/or ice promptly, and in default thereof the
Township may arrange to remove the same and may impose the costs thereof,
together with costs of notice and administration, upon such owner,
operator or tenant. Such costs shall be in addition to any fines which
may be assessed pursuant to the penalties of this section or R.S.
39:4-197 (3)(c).
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance 7-11-91.
[Ord. No. 2010-759]
The Somerset County Park Commission Rules and Regulations governing
real property situated in the Township of Green Brook under the jurisdiction
of the Somerset County Park Commission is hereby adopted by reference
as if fully set forth herein. Such Rules and Regulations may hereinafter
be amended by the Somerset County Park Commission and those amendments
are hereby adopted as if fully set forth herein.
[Ord. No. 2010-759]
The Township of Green Brook Police Department is hereby empowered
to enforce the Somerset County Park Commission Rules and Regulations
on behalf of the Somerset County Park Commission on real property
situated in the Township of Green Brook, Somerset County, which is
under the jurisdiction of the Somerset County Park Commission. In
addition, the Police Department is also empowered to enforce the Code
of the Township on the Somerset County Park Commission properties.
[Ord. No. 2010-759]
In the event that an ambiguity exists between the Code of the
Township and a Rule or Regulation of the Somerset County Park Commission,
that ambiguity will be resolved in favor of the Code of the Township.
In the further event that a conflict exists between the Code of the
Township and a Rule or Regulation of the Somerset County Park Commission,
the Rule or Regulation of the Somerset County Park Commission shall
take precedence.
[Ord. No. 2010-759]
Any person violating any of the provisions of this section shall upon conviction thereof be fined in accordance with Section 1-5 of the Code of the Township of Green Brook.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance 12-12-91.
[Ord. No. 2004-692]
Shall mean the removal and transportation of motor vehicles
from a highway, street or other public or private road, or a parking
area, or from a storage facility, and other services normally incident
thereto, but does not include recovery of a motor vehicle from a position
beyond the right-of-way or berm, or from being impaled upon any other
object within the right-of-way or berm.
Shall mean recovery, removal and transportation of a motor
vehicle which is excessively large or heavy, a vehicle from a location
beyond the roadway right-of-way or berm, from water, from impalement
and/or entanglement, from having rolled over, spilled contents or
which is otherwise situated so as to require specialized lifting,
up-righting or transporting equipment, and which requires operator
skill beyond the scope of basic towing service previously described.
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles, and that can be secured by a locking device on
each opening.
Shall include but not be limited to automobile, truck, bus,
motorcycle or other conveyance for the transportation of persons or
materials on roadways.
Shall mean an occurrence in which a motor vehicle comes in
contact with any other object disabling it to such extent that the
vehicle must be towed or removed for placement in a storage or repair
facility.
Shall mean a motor vehicle storage facility that is not indoors,
but is secured by a lockable fence, wall or other man-made barrier
that is at least six feet high and is equipped with a passive alarm
system or similar on-site security measures, and is lighted at night.
Shall mean a motor vehicle storage facility that is not indoors
and is not secured by any of the measures listed for "inside building"
nor "outside secure".
Shall mean the reasonable fee consistent with industry standard
which the tow operator may set for the recovery of a vehicle from
a position beyond the right-of-way or berm, or from being impaled
upon any other object within the right-of-way or berm, or overturned.
Shall mean the maximum allowable amount to be charged by
a storage facility for a twenty-four-hour period or fraction thereof.
A new twenty-four-hour period begins at 12:01 a.m.
Shall mean the person, firm or corporation engaged in the
business of removing and storing motor vehicles.
Shall mean the towing operator's principal place of
business where the tow vehicle is stationed when not in use. The base
of service shall be located within the Township or within a distance
no greater than five miles by roadway from any municipal border of
the Township.
Shall mean a self-propelled vehicle equipped with a boom
or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment
specifically designed by its manufacturer and employed for the purpose
of towing, transporting and conveying or removing any and all kinds
of vehicles which are unable to be or actually are not operated under
their own power, and for which services a charge or fee is exacted.
Shall mean the physical location owned or leased by the tow
operator where towed vehicles are deposited for storage, including
but not limited to a yard with or without fencing, a parking lot,
a building or any combination thereof. Such storage facilities must
be located within five miles by roadway from any municipal border
of the Township. Storage facility may or may not be the same location
as the "tow vehicle base of operations."
[Ord. No. 2004-692]
Where a motor vehicle shall become damaged/disabled on a public
highway or public location within the Township of Green Brook, the
owner or operator of said vehicle shall, subject to the provisions
of this section, have the right to select a tow operator of his/her
own choice; provided, however:
a.
That the tow operator selected shall have the necessary equipment
and the ability to respond within the time limits set forth in this
section, or, in less emergent situations, within a reasonable time.
b.
That the owner or operator of the disabled vehicle shall be at the
scene and be able to make the decision as to which tow operator to
hire.
[Ord. No. 2004-692]
The costs of such towing and any storage connected therewith
shall be the responsibility of the owner or operator of the disabled
vehicle, whether selected by the owner or operator, or by the police
from the rotation list, and shall not be a contract with or the responsibility
of the Township of Green Brook unless the vehicle be one owned by
the Township. Any tow operator accepting employment on such rotating
basis shall be deemed to accept that the responsibility for payment
shall reside with the owner or operator of the vehicle, and not with
the Township.
[Ord. No. 2004-692]
There shall be maintained a list of tow operators capable of
providing basic towing service, and a list of those providing heavy
duty towing and recovery service.
If the exigencies of the situation do not permit the owner or operator to make the choice of a towing service, either by reason of the incapacity or disability of such owner or operator, or by the immediacy of the need to have the vehicle removed from the public highway for reasons of public safety, the selection of the tow operator shall be made by the police officer in charge at headquarters, at the request of the police officer in charge at the scene, on a rotating basis, from one of the two lists of eligible towing operators qualifying under the terms of subsection 3-13.5, and dependent upon the requirements of the situation for basic or heavy duty response.
[Ord. No. 2004-692]
To be approved for inclusion on either of the rotation lists,
the tow operator must execute a form of Agreement for Towing Service
for Green Brook Township, and must demonstrate ability to provide:
a.
Equipment. The tow operator must maintain in good operating condition
the necessary wreckers and other equipment to be able to perform the
work specified in this section on twenty-four-hour per day call basis,
in either or both of the two towing categories, "basic service" and
"heavy duty."
b.
Insurance. Prior to inclusion on the rotation list, and as a condition
for continuance on any such list, the tow operator shall file with
the Township certificates showing at a minimum the following insurance
coverages:
1.
A garage keeper's liability policy covering fire and theft in
the minimum amount of $100,000 per vehicle, and collision coverage
in the minimum amount of $300,000 per accident.
2.
A garage liability policy covering the operation of the tow operator's
business, equipment or vehicles and for any bodily injury or property
damage. This policy will be minimum amounts of $500,000 for any one
person killed or injured, and $1,000,000 for more than one person
killed or injured in any one accident, and shall provide minimum $100,000
coverage for all damages arising out of injury or destruction of property,
and/or combined single limit of $1,000,000.
3.
Workers compensation policy covering all of the tow operator's
employees or operators containing statutory coverage including liability
coverage of at least $100,000 for each accident per person, $500,000
policy aggregate limit per disease.
4.
Each policy required shall contain an endorsement or certificate
showing the Township as an additional insured, and such policy shall
provide for 30 days' written notice to the Township in the event
of any material change in coverage or policy cancellation.
c.
Compliance with Listed Provisions. If the tow operator is to be included
on either or both of the rotation lists, the tow operator must comply
with the following requirements.
1.
Remove and tow to the approved storage facility all vehicles, located
on either public or private property, as directed by the Chief or
his designee to be removed and towed because such vehicles are, in
the Chief's sole discretion, designated as abandoned, illegally
parked, disabled, involved in an accident, or to be impounded because
of a criminal or other investigation.
2.
Store and/or impound such vehicles and move such vehicles as directed
by the Chief or his designee. The wrecker shall insure that its storage
facility is safe and secure, utilizing all reasonable means to prevent
theft, vandalism, damage to vehicles and/or any criminal activity.
3.
Provide during its scheduled rotation twenty-four-hour, seven day
a week on-call service to the Township during the entire term of this
Agreement.
4.
Respond promptly to all requests for towing services by the Chief
or his designee. In any event, the tow operator shall respond and
be present at the location to provide towing services within 10 minutes
of receipt of notice of the towing required between the hours of 8:00
a.m. and 7:59 p.m., and within 20 minutes of receipt of such notice
between the hours of 8:00 p.m. and 7:59 a.m.
5.
Not charge any fee for additional or replacement equipment provided
at the scene of the tow, notwithstanding any information provided
by the Chief or any police officer to the tow operator at the time
of providing notice of the need for the towing service.
6.
Tow, or provide jump start, tire change, or two gallons gasoline/diesel
fuel for any and all Township-owned passenger vehicles within a 10
mile radius of the Township border, without charge, upon request by
the Chief.
7.
Clean up all broken glass, debris and spills at the scene of accidents
(all wreckers must be equipped with a broom and a shovel); provided
that a wrecker shall not be required to remove any hazardous debris
or material which the wrecker is not equipped to remove (all wreckers
must be equipped with a drying substance which is acceptable to the
Chief).
8.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so designated
by the Chief. Such standby emergency on-call service shall end when
the Chief notifies the tow operator. The Township reserves the right,
during any such emergency, to designate temporary areas owned or leased
by the Township and/or the tow operator for the storage of disabled
vehicles, and to direct the tow operator to remove such disabled vehicles
to said areas.
9.
Record all vehicles towed on forms provided by the Chief as soon
as possible after each vehicle is towed, but no later than the end
of each tow operator's rotation as set forth below, and retain
such records for a period of seven years. The Township shall be provided,
upon request, with a copy of any and all records evidencing that a
vehicle has been towed and/or stored by the tow operator. Such records
shall include a record of all personal property found within a towed
vehicle that can be visually observed from the outside of the vehicle
by the tow operator at the time the vehicle comes into the tow operator's
possession. The Chief shall have access to any and all records required
to be kept. The tow operator shall provide to the Chief, semi-annually,
an accounting of all monies received for fees for towing, and a separate
accounting of all monies received for fees for storage services pursuant
to this Agreement.
10.
In all of the tow operator's, his employees', or agents'
dealings with the public, the tow operator, his employees, and agents
shall act in a professional manner, courteous at all times, and respectful
to members of the public, as well as representatives of the Township.
Reports of discourteous behavior by the tow operator, his agents,
or employees which may be substantiated and documented, shall be considered
by the Township to be a material default of the terms of the Agreement,
sufficient cause for termination of the Agreement and removal from
the rotation schedule.
11.
The tow operator shall comply with any and all directions of the
Chief or his designee including, but not limited to, directions with
respect to scheduling, rotation, safety and other requirements of
the Chief and the Township.
12.
The tow operator will employ a sufficient number of employees to
comply with the minimum operational requirements as set forth in this
section and in the Towing Agreement. All operators and drivers employed
by the tow operator shall be over the age of 18 years and must have
a valid, current appropriate New Jersey State driver's license
for the equipment to be operated, shall be in good health and of good
moral character, and shall have a good driving record as determined
in the reasonable discretion of the Chief of Police.
13.
Complaints received by the Chief of Police or the Township of Green
Brook relative to actions of the tow operator while in service at
the request of the Township, such as poor service, overcharging, theft
of parts, theft of property, damage to towed or stored vehicles, discourteous
treatment and the like by the tow operator, his agents or employees
which may be substantiated and documented shall be material default
of the Towing Agreement and cause for removal from the rotation schedules.
14.
The tow operator shall not solicit business at the scenes of accidents
and emergencies within Green Brook Township, nor shall be respond
to the scene of an accident or emergency for the purpose of towing
a vehicle unless specifically notified by the Chief or his designee
or the individual involved in the accident or emergency.
[Ord. No. 2004-692]
The tow operator will strictly comply with the scheduled rotation
of the various emergency towing services as designated and prescribed
by the Chief.
[Ord. No. 2004-692]
a.
The towing and storage fees as set forth in Fee Schedule appended
and made part of this section may be changed by resolution of the
Township Committee adopted at the annual Reorganization Meeting in
January, in conformance with the provisions of Title 56 of the New
Jersey Statutes, and with advice and consent of the Chief of Police.
b.
Copies of the Towing Ordinance and Fee Schedule of the Township of
Green Brook are available to the public during normal business hours
of the Township in the offices of the Clerk of the Township.
c.
The tow operator shall conspicuously post the Fee Schedules and the
Towing Ordinance of the Township of Green Brook at its base of operations
and storage area and any repair garage operated by the tow operator.
d.
Fees for services determined to require "heavy duty towing service"
shall be calculated on a case by case basis as per industry standards
and in compliance with Title 56 of New Jersey Statutes.
e.
Standard clean-up fees shall prevail unless the tow operator can
justify exigent circumstances at an accident scene.
f.
Except as set forth for "heavy duty towing service," the tow operator
shall charge no fee to any person for the storage and towing services
except as specifically set forth in this section.
[Ord. No. 2004-692]
a.
A tow operator may be suspended from, or removed from the Rotation
List by the Chief of Police for noncompliance with any of the provisions
of this section, or for violation of any of the provisions of this
section, including:
1.
Any representation made by the tow operator in connection herewith
that is incorrect, contains any material misrepresentation, or conceals
or omits material facts;
2.
The tow operator's failure to perform its duties and obligations
pursuant to the Ordinance and the Agreement;
3.
Any violation of Section 3-13 of the Revised General Ordinances of the Township of Green Brook by the tow operator.
4.
The tow operator or any person or entity holding a controlling interest
in the tow operator filing a petition in bankruptcy or for reorganization,
or otherwise admitting its inability to pay its debts, or making an
assignment for the benefit of creditors, or having a receiver appointed
for its assets, or being adjudicated a bankrupt, or having any involuntary
bankruptcy petition filed against it which is not discharged within
60 days, or otherwise indicating that it is insolvent;
5.
The conviction of the tow operator or any controlling person or entity
of the tow operator for any indictable criminal offense or for any
act of moral turpitude;
6.
The failure of the tow operator, his employees, agents or operators
to deal with the public, as well as representatives of the Township,
in a courteous, respectful and professional manner at all times;
7.
The operation of the tow operator's vehicles any employees of
the tow operator whose driving privileges have been revoked, suspended
or otherwise terminated;
8.
The breach of any term or condition of the Towing Agreement by the
tow operator; and
9.
Any violation by the tow operator of the regulations promulgated
by the Chief of Police pursuant to this section.
b.
A tow operator may appeal the decision of the Chief of Police to
remove the towing company from the Rotation List by filing such appeal,
in writing, with the Township Clerk within 10 days of suspension or
removal from such list. In the event of an appeal, the Township Committee
shall give the tow operator a hearing at its next regularly scheduled
meeting, following which the Township Committee may affirm, modify
or reverse the action of the Chief of Police The decision of the Township
Committee shall be final.
[Ord. No. 2004-692]
The Chief of Police, or his duly authorized representative shall
be the municipal officer to enforce the provisions of this section
in accordance with due process of law.
[Ord. No. 2004-692]
The regulations contained herein, and the fee schedules of the
individual tow operators, shall be kept on file in the office of the
Township Clerk and be made available to the public upon request.
|
TOW OPERATOR'S RATE SCHEDULE
| ||
|---|---|---|
|
January - December 2004
| ||
|
Towing:
|
Private Passenger Vehicles regulated pursuant to N.J.S.A. 56:8-1
et seq.
| |
|
Day Rate (0800-1730 hours)
|
Rate not to Exceed
| |
|
First Mile or Less
|
$65
| |
|
Each Additional Mile
|
$3.50
| |
|
Night, Weekend, Holiday Rate
|
Rate not to Exceed
| |
|
First Mile or less
|
$80
| |
|
Each additional Mile
|
$3.50
| |
|
The mileage to be charged by the Tow Operator shall include
the total distance traveled from the tow vehicle's base of service
to the job site and return, by way of the shortest available route.
Fractions shall be rounded up to the nearest whole mile.
| ||
|
Storage:
|
Daily Rate Not to Exceed
| |
|
Inside Building
|
$35
| |
|
Outside Secured
|
$20
| |
|
Outside Unsecured
|
$15
| |
|
Recovery:
|
Off roadway, overturned or in any position other than normal
towing position. Recovery charges are in addition to towing charges.
$100 per hour days; $150 per hour nights, weekends, holidays One hour
minimum
| |
|
Additional Manpower: Fee charged when it is required to have
additional employees other than the tow operator to assist in recovery.
$50 per hour days; $75 nights, weekends, holidays One hour minimum.
| ||
|
Cleanup:
|
Standard $25
|
Sweep and Oil Dry only
|
|
Extraordinary — charges will vary with circumstances
| ||
|
Waiting Time:
|
After the first half hour, time spent at scene standing and
waiting for extrication or police investigation
| |
|
$65 per hour day rate; $80 nights, weekends, holidays
| ||
|
Administrative Fees:
|
Not to exceed $25
| |
[Ord. 4-9-92 § 1]
The Fire Official, (See Section 11-1 et seq.), with the approval of the Chief of the Fire Department and the Chief of Police, may designate fire lanes on private property to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for fire department operations in the event of an emergency.
[Ord. 4-9-92 § 1]
Whenever a determination has been made for the fire lane designation, pursuant to subsection 3-14.1, the Fire Official shall notify the owner of the property in writing by registered or certified mail, or by hand delivering such notice, specifically describing the area designated and the reason for making the designation. Such notification is not required where the fire lane designation has been made in connection with a site plan application pursuant to the Land Development Ordinance of the Township of Green Brook.
[Ord. 4-9-92 § 1]
The marking of fire lanes shall be the responsibility of, and
at the expense of, the property owner and shall be accomplished within
30 days of the receipt of the notification. In the case of fire lane
designation resulting from site plan approval pursuant to the Land
Development Ordinance of the Township of Green Brook, such marking
shall be completed prior to the issuance of any Certificate of Occupancy
on the property.
[Ord. 4-9-92 § 1]
It shall be a violation of this Code for any person to park
a motor vehicle in or otherwise to obstruct a fire lane.
[Ord. 4-9-92 § 1]
Any person parking a motor vehicle in violation of this section, and any person otherwise obstructing a fire lane, and any owner failing to mark fire lanes as required hereunder, shall be subject to the penalties provided in Section 1-5 of this Code.
[Ord. No. 2006-717]
The provisions of this section shall be enforced by the Green
Brook Township Police Department, or the Green Brook Township Fire
Official, or their duly authorized representatives.
[Ord. No. 2006-717]
Whenever notification has been made for the designation of Fire Lanes, pursuant to subsection 3-14.2, the notification and any supporting documentation shall be kept on file in the office of the Township Clerk.
[Ord. 96-602 § 1]
No person shall urinate or defecate outdoors on any property
or on any public street, sidewalk or in any other public place or
in any other place open to or used by the public. Minimum Fine: The
minimum fine for a violation of this section shall be $100.
[Ord. 96-602 § 1]
No person shall resist, hinder, obstruct, or interfere with
any Township officer, or with any member of the Fire Department or
Rescue Squad in the performance of his or her duty, nor shall any
person disobey the lawful orders of any Township officer, or Fire
Department or Rescue Squad member in the performance of his or her
duty, or without good reason refuse or neglect to assist him or her
in the performance of his or her duty when requested to do so. The
minimum fine for a violation of this section shall be $100.
[Ord. No. 2003-674]
a.
It shall be unlawful to sell tobacco to a person under 18 years of
age. Every vendor of any tobacco product shall post a sign in a conspicuous
place near each cash register that states: "Sale of tobacco products
to minors under the age of 18 is prohibited by Law. Legal proof of
age must be shown. A person who sells or offers to sell a tobacco
product to a person under 18 years of age may be prosecuted in accordance
with State and local law."
b.
It shall be unlawful for a tobacco retailer to sell or permit to
be sold tobacco to any individual without requesting and examining
identification from the purchaser positively establishing the purchaser's
age as 18 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years.
[Ord. No. 2003-674]
[Ord. No. 2003-674]
a.
Self-service tobacco displays shall be prohibited in all retail establishments.
All tobacco products shall be stored in areas not accessible to customers.
In order to purchase tobacco products, a customer must request the
purchase from a sales person. At no time may the customer have any
access to tobacco products prior to a request.
b.
All self-service tobacco displays made unlawful by this subsection
shall be removed within 30 days from the effective date of this section.
[Ord. No. 2003-674]
a.
The Health Officer, or his/her designee, Registered Environmental
Health Specialist, Code Enforcement Officer and Police Officer are
authorized to enforce the provisions of this section.
b.
Whenever an authorized enforcement agent, as defined in paragraph
a above, reasonably believes there exists a violation of this section,
he/she may issue a notice of violation and/or a summons not later
than 90 days after the discovery of the alleged violation.
c.
The Health Officer, his/her designee, or any other person charged
with the enforcement of this section, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, or
vehicle as necessary for the enforcement of this section.
[Ord. No. 2003-674]
a.
Unless otherwise provided by law, statute, or ordinance, any person
violating any of the provisions of this section shall, upon conviction
thereof, be subject to penalties as defined below:
1.
First Offense: A fine of not less than $100 nor more than $250 and/or
community service of not less than five hours
2.
Second Offense: A fine of not less than $250 nor more than $500 and/or
community service of not less than 10 hours.
3.
Any Offense beyond the second offense: A fine of not less than $500
nor more than $1,000 and/or community service of not less than 15
hours, and/or imprisonment not to exceed 90 days.
b.
Each day a violation exists shall constitute a separate offense.
[Ord. No. 2003-674]
a.
Any and all other ordinances or parts thereof in conflict or inconsistent
with any of the terms hereof are hereby repealed to such extent as
they are so in conflict or inconsistent.
b.
No provision of this section shall be construed or interpreted to
allow the sale of tobacco products where it is otherwise restricted
by other laws.
[Ord. No. 2003-674]
This section shall become effective at midnight on May 1, 2003
after final approval and publication according to law.
[Ord. No. 2003-675a]
a.
The smoking of tobacco products within or on any school facility,
property or vehicle owned, leased, or contracted by the District by
an individual within the Township of Green Brook is prohibited. Consistent
with N.J.S.A. 26:3D-57, "smoking" means the burning 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 device, except as part of a classroom
instruction or theatrical production.[1]
[1]
Editor's Note: "Smoking" revised to a agree with N.J.S.A.
26:3D-57.
b.
Paragraph a shall be enforced by the administrative officials of
the District and/or school facility or property or vehicle where such
prohibited activities are undertaken, or the administrative officials
of the District, or the Police.
c.
Any individual guilty of smoking tobacco products at any school facility
property or vehicle will be subject to a fine of up to $100 and/or
community service, including a smoking cessation program as determined
by the Court. Penalties issued by the Court shall in no way relieve
a student of the punishment outlined in the Board of Education policy.
d.
Signs shall be posted in prominent locations at the perimeter of
all school grounds and at the public entrance to all school facilities
or property owned, leased or contracted by the District within the
Township of Green Brook indicating that smoking is prohibited and
violators will be subject to a fine as set forth in paragraph c of
this subsection.
e.
This subsection shall take effect at midnight May 1, 2003, after
final passage and publication pursuant to the law.
[Ord. No. 2005-699]
The following regulations apply to all parks and recreational
lands owned or controlled by the Township of Green Brook, except as
provided herein.
[Ord. No. 2005-699]
a.
No person shall leave rubbish or other foreign matter within any
park or recreation land, except in a receptacle provided and designated
for that purpose by the Township of Green Brook.
b.
No person shall take into, carry through, leave in or throw, cast,
lay, drop or discharge into or on the parks, or suffer or permit any
servant, agent, employee or person in his or her charge to take into,
carry through, leave in or throw, cast, lay, drop or discharge into
or on the parks, any rubbish, refuse, garbage or other material.
c.
No person shall remove or in any way injure or mutilate any plant,
structure or other object or dig up or remove any dirt, stone, or
other substance within a park or recreation land.
d.
No person shall build, light, or maintain a fire within a park or
recreation land except in a grill or fireplace provided and designated
for that purpose by Green Brook Township or in a portable grill. No
person shall discharge or set off any firecrackers, fireworks or rockets
within a park or recreation land.
e.
No person shall willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, paving or paving materials, waterlines or other
public utilities, signs, notices or placards, whether temporary or
permanent, monuments, stake posts or other boundary markers or other
structures or equipment, facilities or park property or appurtenances
whatsoever, either real or personal.
f.
No person shall paste, glue, tack, or otherwise post any signs, placards,
advertisements or inscriptions whatever, nor shall any person erect
or cause to be erected any sign on any public lands or highways or
roads adjacent to a park.
[Ord. No. 2005-699]
a.
No person shall permit a dog in his/her possession to run at large
within any park or recreation land in Green Brook Township. A dog
must be in custody or in the control of the owner and restricted by
a leash not exceeding 15 feet in length. The owner of a dog must adhere
to the Township ordinances regarding the proper cleanup of waste from
his/her dog while at a park or recreation land.
b.
No person shall impair or kill any animal or disturb its habitat.
[Ord. No. 2005-699]
No person shall carry or possess firearms of any description;
or air rifles, spring guns, paintball guns, bows and arrows, slings
or any other form of weapon potentially harmful to wildlife and dangerous
to human safety; or any instrument that can be loaded with and fire
blank cartridges; or any kind of trapping device. Shooting into park
areas from beyond park boundaries is prohibited.
[Ord. No. 2005-699]
a.
No person shall drive or park any motor vehicle or any motor-drawn
vehicle within a park or recreation land other than in such parking
lots or access drives thereto as may be established, except by permit
issued by Green Brook Township. As used in this section, "motor vehicle"
means every device in, upon or by which a person or property is or
may be transported that is equipped with a motor for propulsion, excluding
motorized wheelchairs.
b.
No person shall ride or bring a minibike or ATV into any recreational
or park area.
c.
No person shall leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas.
[Ord. No. 2005-699]
No person shall use private boats on any body of water. No person
shall bathe or swim in any body of water within a park or recreation
land.
[Ord. No. 2005-699]
Ice skating is prohibited unless specifically authorized by
Green Brook Township and on dates and times specifically posted for
this purpose.
[Ord. No. 2005-699]
No person shall use any loudspeaker, portable stereo, public
address system or amplifier within a park or recreation land, except
pursuant to a permit issued by the Township of Green Brook.
[Ord. No. 2005-699]
No person shall sell or solicit the sale of any goods or services
or distribute commercial handbills or circulars or post a notice of
any kind within a park or recreation land, except pursuant to a permit
issued the Township of Green Brook.
[Ord. No. 2005-699]
a.
Groups may reserve the use of Township parks with authorization from
the Township of Green Brook. A permit fee shall be charged to each
individual group. Said fee shall be set by resolution of the Township
Committee. Groups with a properly issued permit will have exclusive
use of the facilities during the approved date and time. No individual
may be denied access to the parks because of the group's reserved
status, but may not utilize any specifically reserved facility while
the group is using it.
b.
A person seeking issuance of a permit hereunder shall file an application
with the Township Clerk stating:
1.
The name and address of the applicant.
2.
The name and address of the person, persons, corporation, or association
sponsoring the activity, if any.
3.
The day and hours of which the permit is desired.
4.
The park or portion thereof for which such permit is desired.
5.
An insurance certificate in the amount of $1,000,000 naming the Township
of Green Brook.
6.
Any other information which the Township of Green Brook shall find
reasonably necessary to make a fair determination as to whether a
permit should be issued hereunder.
c.
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permit.
d.
The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of negligence of the person or persons to whom such permit
shall have been issued. The Township of Green Brook shall have the
right to require any permittee to submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities.
e.
Revocation. The Township of Green Brook shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
[Ord. No. 2005-699]
All athletic fields located in any Township-owned park must
be reserved by the individual sports organizations that provide recreational
sports leagues for Township residents. Permits for field usage will
be issued by the Township Committee. The Township reserved the right
to charge a fee for field usage. Said fee shall be set by resolution
of the Township Committee.
[Ord. No. 2005-699]
All parks and recreation land shall be open to the public from
sunrise to sunset, unless specific other hours are authorized for
group use. Except for unusual and unforeseen emergencies, parks shall
be open to the public every day of the year during authorized hours
unless specifically stated otherwise in this Code.
[Ord. No. 2005-699; Ord. No. 2007-723]
No alcoholic beverages of any kind are permitted in any park
or recreation land without a permit.
a.
Permit Procedure. The applicant shall make application to the Township
Clerk on forms provided (Park Permits) and shall provide requested
information as to their name (Township Resident) as the responsible
individual; the nature of the proposed activity; expected number of
participants; time period of proposed activity; and such other information
as requested.
b.
Alcoholic Beverage Permit Fee. Township Committee is authorized to
adopt annually a resolution setting a schedule of alcoholic beverage
permit fees for Green Brook Township Parks. The permit fee requirements
as listed in such resolution will be charged to individuals or organizations
obtaining an alcoholic beverage permit during the year for which the
resolution applies.
c.
Requirements and Fees.
1.
Private. If a Green Brook Township resident wishes to have beer,
wine or alcohol at an event in the Township parks, they must apply
for an Alcohol Permit through the office of the Township Clerk. Fee
for this permit is $100 (per date). The resident, who can provide
proof of residency (driver's license or voter's registration),
must produce evidence of their homeowner's/renter's insurance
policy, which will be covering the date of stated event, and the policy
must state:
(a)
$1,000,000 minimum liability homeowner's/renter's
insurance with:
(1)
"Green Brook Township" named as additional insured for the purpose
of the park reservation and the issuance of an alcohol permit.
(2)
Park, date and time of event reservation is clearly stated on
the Certificate.
Example: "Green Brook Township" is hereby named as "Additional
Insured" for a Group Picnic to be held at Top of the World Park on
June 30, 2007, 3-9 pm. Alcoholic beverages will be served.
2.
Corporate/Group. If a business, corporation, group or organization
wishes to have beer, wine or alcohol at an event in the Township Parks,
they must have a resident individual who can provide proof of residency
(driver's license or voter's registration) apply for the
permit for them through the office of the Township Clerk. Fee for
this permit is $200 (per date). Resident must supply the Township
Clerk with the original Corporate/Group Insurance Certificate stating
the following information:
(a)
$3,000,000 minimum liability insurance with:
(1)
"Green Brook Township" is named as additional insured for the
purpose of the park reservation and the issuance of an alcohol permit.
(2)
Park, date and time of event reservation is clearly stated on
the Certificate.
Example: "Green Brook Township" is hereby named as "Additional
Insured" for a Group Picnic to be held at Top of the World Park on
June 30, 2007, 3-9 pm. Alcoholic beverages will be served.
[Ord. No. 2005-699]
Smoking is prohibited in the following locations:
[Ord. No. 2005-699]
No person shall cause or create or maintain any device causing
or creating any unnecessary noise in any park or recreation land.
[Ord. No. 2005-699; Ord. No. 2006-719]
a.
The tennis courts at the Top of the World Park shall be closed between
October 31st and March 31st. These dates may be adjusted depending
upon weather conditions.
b.
Rollerblading, bicycling, or skateboarding is specifically prohibited.
c.
Use of tennis courts is limited to Green Brook residents and their
guests.
d.
Use of tennis courts by individuals offering "for fee" instruction
is prohibited.
e.
Tennis court usage shall be limited to one hour beginning on the
hour for each pairing when others are waiting to play.
[Ord. No. 2005-699]
Penalties for violations of this section shall be as provided in Section 1-5, General Penalty, of this Code.
[Ord. No. 2005-707]
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 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.
Shall mean 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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 2005-707]
No person shall feed, in any public park or on any other property
owned or operated by the Township of Green Brook, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers).
[Ord. No. 2005-707]
[Ord. No. 2005-707]
Any person who violates any provision of this section shall, upon conviction thereof, be punished in accordance with Section 1-5, General Penalty of the Township of Green Brook Revised General Ordinances, as amended, supplemented or revised.
[Ord. No. 2005-696 §§ 1,
2]
a.
It shall be unlawful for any person over the age of 18 to assist,
aid, abet, allow, permit, suffer or encourage a student to register
or enroll in the Green Brook School District where the student is
ineligible to attend.
b.
It shall be unlawful for any person over the age of 18 to knowingly
permit his or her name, address, or other residence designating documentation
to be utilized in the registration or enrollment of any non-resident
student in the Green Brook School District.
[Ord. No. 2005-696]
Any person violating or failing to comply with the provisions
of this section shall, upon conviction thereof, be sentenced to make
restitution to the Township of Green Brook Board of Education and
pay a fine of not more than $1,250. In determining the amount of restitution,
the Court shall include the amounts incurred by the Township of Green
Brook and/or the Green Brook Board of Education, including but not
limited to tuition costs, investigation expenses, and attorney's
fees.
[Ord. No. 2005-696]
Restitution ordered by the Green Brook Municipal Court shall
be converted into a lien against the property of the offending party.
[Ord. No. 2015-827]
a.
Determination. The Township Committee of the Township of Green Brook
in conjunction with the Green Brook Township Police Department has
determined that there is increased damage to real and personal property
on the evenings of October 30, which is commonly called "mischief
night," and on October 31, which is designated as Halloween.
b.
Purpose. In order to provide a measure of protection against the
needless damage to real and personal property on the evenings of October
30th and 31st and for the general health, safety and welfare of the
youths and other residents of the Township, the Township Committee
believes it is in the best interest of the Township of Green Brook
to enact an ordinance in accordance with N.J.S.A. 40:48-2.52 setting
a curfew for juveniles during the evenings of October 30th and 31st
of each year.
[Ord. No. 2015-827]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any and all activities, without limitation, to
which the juvenile and others have been specifically invited or in
which they participate, provided the activity is sponsored by the
religious or community based organization.
Shall mean seeking medical treatment from a health care provider
for an emergent medical condition relating to the juvenile or to the
juvenile's immediate family which is defined as parents, siblings,
grandparents, aunts, uncles and cousins of the first degree.
Shall mean any activity or event that is sponsored by any
public or private school to which the juvenile and other students
are specifically invited and which are scheduled to occur during the
hours of curfew.
Shall mean any of the following: (a) a person to whom legal
custody of the juvenile has been given by court order; (2) grandparent
of the juvenile; (3) aunt or uncle of the juvenile; (4) any individual
over the age of 18 who has been given express permission by the parent
for the care and welfare of the juvenile.
Shall mean an individual who is under the age of 18 years.
Shall mean 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, vehicles used for public transportation, parking lot or
any other public building, structure or area.
Shall mean any house of worship or affiliate thereof or any
social, business, scholastic or recreational entity.
[Ord. No. 2015-827]
No juvenile under the age of 18 shall be permitted at or on
any public place within the Township of Green Brook between the hours
of 10:00 p.m. to 6:00 a.m. on October 30th and 31st of each year.
The following exceptions to this prohibition shall apply when:
a.
The juvenile is accompanied by a parent or guardian; or
b.
The juvenile is engaged in an errand involving a medical emergency;
or
c.
The juvenile is attending an extracurricular school sponsored activity;
or
d.
The juvenile is attending a cultural, educational or social event
sponsored by a religious or community based organization; or
e.
The juvenile is returning home from their place of employment.
[Ord. No. 2015-827]
No parent or guardian shall allow an unaccompanied juvenile
to be at or on any public place between the hours of 10:00 p.m. and
6:00 a.m. on October 30th and 31st in violation of the curfew provisions
set forth in this section.
[Ord. No. 2015-827]
The members of the Township of Green Brook police force are
authorized to detain any juvenile violating the provisions of this
section.
[Ord. No. 2015-827]
Any parent, guardian or juvenile who violates the provisions
of this section shall, upon conviction, be required to perform community
service not to exceed 90 days in duration and may be fined up to $1,000.
If both a juvenile and the juvenile's parent or guardian violate
the provisions of this section, they shall be required to perform
community service together.
