Town of West New York, NJ
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2022-12-14
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Part II: General Legislation
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Chapter 198 Fire Prevention
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Article VI Fire Restrictions
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Agreements, Joint
- Ch 4 Alcoholic Beverage Control Board
- Ch 5 Attendance Policy
- Ch 6 Authorities
- Ch 8 Automotive Maintenance and Repair, Division of
- Ch 10 Board of Education
- Ch 11 Civil Rights Commission
- Ch 13 Civil Service
- Ch 16 Community Development, Department of
- Ch 19 Construction Board of Appeals
- Ch 21 Construction Code Official
- Ch 24 Court, Municipal
- Ch 27 Drug-Free Zones
- Ch 30 Electrical Subcode Official
- Ch 31 Emergency Medical Services
- Ch 33 Environmental Commission
- Ch 36 Ethics, Code of
- Ch 39 Finances
- Ch 42 Fire Department
- Ch 46 Franchises
- Ch 49 Housing, Department of
- Ch 53 (Reserved)
- Ch 56 Law Department
- Ch 58 Library Board
- Ch 59 License Department
- Ch 62 Local Civil Defense Council
- Ch 66 (Reserved)
- Ch 69 Officers and Employees
- Ch 72 Parking Services Agency
- Ch 74 Pensions
- Ch 76 Personnel
- Ch 80 Police Department
- Ch 83 Police and Fire Department Affairs
- Ch 86 Public Affairs, Department of
- Ch 88 Purchasing
- Ch 90 Residency Requirements
- Ch 93 Salaries and Compensation
- Ch 95 Sanitation Division
- Ch 97 Swimming Pool Commission, Municipal
- Ch 98 Tenants Advocacy
- Ch 100 Urban Enterprise Zone
- Part II: General Legislation
- Ch 108 Air Pollution
- Ch 111 Alarm Systems
- Ch 114 Alcoholic Beverages
- Ch 117 Amusements
- Ch 121 Auctions and Auctioneers
- Ch 124 Automobile Service Stations
- Ch 125 Background Checks
- Ch 126 Bamboo
- Ch 127 Barbershops, Beauty Salons and Nail Salons
- Ch 130 Bicycles, Electric Bicycles and Scooters
- Ch 135 Building Construction Standards
- Ch 139 Buildings, Unfit
- Ch 142 Burglary Prevention
- Ch 145 Canopies and Awnings
- Ch 148 Certificates of Occupancy
- Ch 151 Checks, Returned
- Ch 154 Christmas Tree Sales
- Ch 158 Condominium Conversions
- Ch 161 Construction Codes, Uniform
- Ch 162 Construction Cranes
- Ch 164 Contractors, Registration of
- Ch 167 Curfew
- Ch 170 Defacement of Property
- Ch 174 Dogs and Other Animals
- Ch 178 Drug Paraphernalia
- Ch 181 Dumpsters/Construction Containers
- Ch 186 Fees
- Ch 189 Filming
- Ch 192 Firearms and Fireworks
- Ch 195 Fire Limits
- Ch 198 Fire Prevention
- Ch 198 Art VI Fire Restrictions
- § 198-43.1 Preamble.
- § 198-44 Fire restrictions.
- § 198-45 Violations and penalties.
- Ch 200 First Responder Radio Communications
- Ch 201 Flea Markets
- Ch 204 Flood Damage Prevention
- Ch 207 Food Handling
- Ch 210 Fuel Devices and Suppliers
- Ch 215 Hazardous Materials
- Ch 218 Heating
- Ch 221 Housing, Affordable
- Ch 222 Identification Card Program
- Ch 223 Insurance
- Ch 227 Junk Dealers
- Ch 231 Land Use Procedures
- Ch 234 Laundries and Dry-Cleaning Establishments
- Ch 237 Limousines and Livery Vehicles
- Ch 242 Littering
- Ch 245 (Reserved)
- Ch 248 Massage Parlors
- Ch 251 Mechanical Standards
- Ch 254 Mobile or Street Food Vendors
- Ch 257 Mopeds
- Ch 260 Multiple Dwellings
- Ch 263 Newsracks
- Ch 266 Noise
- Ch 269 Nuisances
- Ch 273 Obscenity
- Ch 277 Parking
- Ch 280 Parking Lots, Municipal
- Ch 284 Peddling and Soliciting
- Ch 287 Plastic Coverings and Bags
- Ch 290 Plumbing Standards
- Ch 293 Police Protection
- Ch 296 Precious Metals
- Ch 299 Property Maintenance
- Ch 302 Public Property, Damage to
- Ch 304 Real Property
- Ch 306 Recycling
- Ch 309 Refrigerators, Abandoned
- Ch 310 Relocation Assistance
- Ch 312 Rent Control
- Ch 316 Rooming, Lodging and Boarding Houses
- Ch 319 Sales, Special
- Ch 322 Sanitation
- Ch 325 Screens, Protective
- Ch 327 Security Cameras
- Ch 328 Sewage Disposal, Individual
- Ch 329 Sewerage Authority, North Hudson
- Ch 331 Sewers
- Ch 335 Shows and Exhibitions
- Ch 338 Signs
- Ch 341 Skates, Skateboards, Roller Blades, In-Line Skates and Scooters
- Ch 344 Smoke Detectors
- Ch 345 Smoking
- Ch 348 Solid Waste Disposal
- Ch 352 Streets and Sidewalks
- Ch 355 Strikebreakers
- Ch 358 Subdivision of Land
- Ch 361 Swimming Pools
- Ch 364 Taxation
- Ch 367 Taxicabs
- Ch 370 Telephones
- Ch 374 Tort Claims
- Ch 377 Towing
- Ch 379 Tree Removal
- Ch 380 Utility Poles and Underground Facilities
- Ch 380A Vacation Rentals, Short-Term
- Ch 381 Vehicles, Abandoned
- Ch 382 Vehicle Boot Pilot Program
- Ch 384 Vehicles and Traffic
- Ch 387 Vehicles, Motor-Driven
- Ch 391 Vehicles, Storage of
- Ch 394 Vending Machines, Food
- Ch 398 Vibration
- Ch 401 Water
- Ch 403 Waterfronts
- Ch 406 Weapons
- Ch 409 Weeds
- Ch 414 Zoning
- Disposition List
- Ch DL Disposition List
[Adopted 8-4-2021 by Ord. No. 14/21]
WHEREAS, the Town of West New York (the "Town") is a municipality
as defined by Title 40 of the New Jersey Statutes; and
WHEREAS, in 2020, The Town of West New York received an overwhelming
amount of noise complaints, and other quality of life and safety complaints
arising from the use of pyrotechnics both lawful and unlawful within
the Town at all hours of the day and night often in a manner that
would cause annoyance, alarm and injury to persons and the dangers
of fires and explosions to property and obstruction of the public
rights of way; and
WHEREAS, pursuant to N.J.S.A. 40:48-1, a municipality may make,
amend, repeal and enforce ordinances not contrary to the laws of this
state or of the United States, to preserve the public peace and order
and disorderly assemblages and prevent disturbing noises and the annoyance
of persons in the public streets and protect property from fires,
explosions or other dangers; and
WHEREAS, the dangers, disturbances and annoyances that may arise
due to the improper and/or illegal denotation of pyrotechnic devices,
both legal and illegal, within the Town is made all the more acute
as the Town is densely populated with residents living in close proximity
to each other; and
WHEREAS, furthermore, pursuant to N.J.S.A. 40:48-2, a municipality
may make, amend, repeal and enforce ordinances not contrary to the
laws of this state or of the United States, as it may deem necessary
and proper for order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants; and
WHEREAS, pursuant to N.J.S.A. 40:61-1 a municipality may by
ordinance make and enforce rules and regulations for the government,
use and policing of all such public parks, open spaces, playgrounds,
beaches, water fronts and places for public resort and recreation
and to provide penalties for violations thereof; and
WHEREAS, the Board of Commissioners has determined that it must
act to preserve the public peace and order and prevent disturbing
noises and the annoyance of persons in the public streets and parks
and protect property from fires, explosions or other dangers in the
manner set forth in this ordinance; and
WHEREAS, the Board of Commissioners has determined that the
regulations set forth in this ordinance comply with the provisions
of N.J.S.A. 21:3-2, in that they are not intended to regulate the
sale or use of sparkling devices and novelties, but are instead intended
to prevent the improper use thereof, and prevent disturbing noises,
and the annoyance of persons in the public streets and parks, protects
persons from injuries, and protect property from fires, explosions
or other dangers in the manner set forth in this ordinance, powers
that necessarily remain reserved to municipalities under N.J.S.A.
21:3-2:
A.
OPEN BURNING
Definition.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed chamber. For the purpose of this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open, and shall include the burning or combustion resulting
from or associated with fireworks and sparkling devices and novelties
as defined in N.J.S.A. 21:2-2.
B.
Open burning prohibited. It shall be unlawful for a person or entity
to make, continue or cause to be made or continued any open burning
at any location throughout the Town, except for any open burning resulting
from sparkling devices and novelties as defined in N.J.S.A. 21:2-2
utilized more than 50 feet from any structure.
