§ 3-1NOISE CONTROL.
§ 3-1.2Legislative findings; policy; applicability.
§ 3-1.4Administration; powers and duties of Noise Control Officers.
§ 3-1.5Maximum permissible sound levels.
§ 3-1.6Prohibited acts.
§ 3-2.3Littering prohibited.
§ 3-2.4Litter receptacles.
§ 3-2.5Use of authorized receptacles.
§ 3-2.6Household or commercial solid waste.
§ 3-2.7Storage of bulky household items.
§ 3-2.8Tire storage.
§ 3-2.9Parking and storage of vehicles.
§ 3-2.10Accumulation of debris at construction sites.
§ 3-2.11Overflow of disposal bins.
§ 3-2.12Maintenance of sidewalks and curbs.
§ 3-2.13Depositing materials by gutters, streets and catch basins.
§ 3-2.14Litter from vehicle loads on wheels.
§ 3-2.15Littering waters.
§ 3-2.16Littering by persons in aircraft.
§ 3-2.17Owners of private property maintain premises free of litter.
§ 3-2.18Littering open or vacant private property.
§ 3-2.19Tampering with receptacles or removing contents.
§ 3-2.20Notices to abate; noncompliance procedures, collection of costs
incurred by the Township.
§ 3-2.21Violations and penalties.
§ 3-3TOWING, ROAD SERVICE AND STORAGE OF VEHICLES.
§ 3-3.1Purpose and intent.
§ 3-3.3List of contractors established.
§ 3-3.4Abandonment prohibited.
§ 3-3.5Application for license; required information; affidavit.
§ 3-3.6Approval of towing contractor for Township list.
§ 3-3.7Qualifications of towing contractors, indemnification of Township.
§ 3-3.8Minimum standards governing operator performance.
§ 3-3.9Towing information to be supplied to the Township.
§ 3-3.10Enforcement by Chief of Police.
§ 3-3.11Rate schedule.
§ 3-3.12Towing of Township vehicles.
§ 3-3.13Violations and penalties.
§ 3-4.2Registration required.
§ 3-4.3Use and operation.
§ 3-4.4Violations and penalties.
§ 3-5ALARM SYSTEMS.
§ 3-5.3General regulations.
§ 3-5.4False alarms; penalties.
§ 3-6RIDING HORSES IN STREETS.
§ 3-6.1Riding restrictions.
§ 3-6.3Horse left unattended.
§ 3-6.4Racing prohibited.
§ 3-6.5Treatment of horses.
§ 3-6.6Violations and penalties.
§ 3-7FIRE LANES.
§ 3-7.2Stopping, standing or parking prohibited; exception.
§ 3-7.4Violations and penalties.
§ 3-7.8Parking in fire lane prohibited.
§ 3-7.9Violations and penalties.
§ 3-7.10Towing of vehicles in violation.
§ 3-8CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.
§ 3-8.1Terms and phrases.
§ 3-8.2Unlawful possession, consumption, distribution and delivery
of alcoholic beverages.
§ 3-8.4Consumption of alcoholic beverages in public and quasi-public
§ 3-8.5Violations and penalties.
§ 3-10LIBRARY RULES.
§ 3-10.1Notice of failure to return books.
§ 3-10.2Destruction of library property.
§ 3-10.3False information.
§ 3-10.4Violations and penalties.
§ 3-11.2Certain types of loitering prohibited.
§ 3-11.3Refusal to obey order of police officers.
§ 3-11.4Violations and penalties.
§ 3-11.5Construction of provisions.
§ 3-12.1Curfew hour for minors.
§ 3-12.3Responsibility of parents and legal guardians.
§ 3-12.6Authority of policemen.
§ 3-12.7Violations and penalties.
§ 3-13PARENTAL RESPONSIBILITY.
§ 3-13.1Responsibility of parents; juvenile delinquency.
§ 3-13.2Offense; place of commission.
§ 3-13.3Notice to parents of violation.
§ 3-13.4Violation of loitering regulation; notice to parents.
§ 3-13.5Violations and penalties.
§ 3-14through § 3-15. (Reserved)
§ 3-16BINGO AND RAFFLES.
§ 3-16.1Operation of bingo and raffles on Sunday.
§ 3-16.2Licensing fees payable to municipality.
§ 3-16.3For all other raffles, lottos or other games as described under
the raffles licensing law.
§ 3-17DRUG FREE SCHOOL ZONES.
§ 3-17.2Drug free school zones.
§ 3-17.3Drug free school zone map changes.
§ 3-18REGULATING SALE AND ADVERTISING OF TOBACCO PRODUCTS.
§ 3-18.2General interpretation and definitions.
§ 3-18.3Prohibition of tobacco sales to minors; limitation of location
of vending machines.
§ 3-18.4Prohibition of self-service racks of tobacco products.
§ 3-18.5Prohibition of tobacco advertising at child-eye level.
§ 3-18.7Other laws and regulations.
§ 3-18.8Power to establish policy and guidelines.
§ 3-18.10Reservation of rights.
§ 3-18.11Tobacco vending machines prohibited.
This section may be cited as the "Noise Control Regulation of the Township."
The Mayor and Township Council find that excessive sound is a serious hazard to the health, safety, general welfare and the quality of life of the citizens of Deptford. Since a substantial body of science and technology exists by which excessive sound may be substantially abated and the people have a right to and should be ensured an environment free from excessive sound, it is the policy of the Township to prevent excessive sound that may jeopardize the health and welfare or safety of the citizens or degrade the quality of life.
This section shall apply to the control of sound originating from stationary and mobile sources within the limits of the Township.
As used in this section:
- COMMERCIAL AREA
- A group of commercial properties and the abutting public rights-of-way and public spaces.
- COMMERCIAL PROPERTY
- Any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:
Off-road vehicle operations, such as repair, maintenance and terminalling;
Banking and office activities;
Recreation and entertainment;
Other commercial activities.
- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
- The abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of a sound level meter.
- DECIBEL (DB)
- The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals). It is abbreviated dB.
- Any dismantling, intentional destruction or removal of buildings or structures.
- EMERGENCY WORK
- Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone, sewer facilities and public transpiration facilities, removing fallen trees on public rights-on-way or abating life threatening situations.
- GROSS VEHICLE WEIGHT RATING (GVWR)
- The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combined vehicle, shall be used.
- INDUSTRIAL PROPERTY
- Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods.
- MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
- Any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.
- An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters, mopeds and minibikes.
- MOTOR VEHICLE
- Any vehicle that is propelled or drawn on land by an engine or motor.
- A sound-dissipative device or system for abating sound of escaping gases of an internal combustion engine.
- MULTI-DWELLING-UNIT BUILDING
- Any building wherein there are two or more dwelling units.
- Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property.
- NOISE CONTROL OFFICER
- An officially designated member or members of the Township Police Department (Police Department) trained in the measurement of sound and empowered to issue summonses for violations of this section.
- NOISE DISTURBANCE
- Any sound that endangers the safety or health of any person, or disturbs a reasonable person of normal sensitivities, or endangers personal or real property.
- Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the State or any political subdivision, agency or instrumentality of the State.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk or alley or similar place that is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures thereon that are owned or controlled by a governmental entity.
- REAL PROPERTY LINE
- Either the imaginary line, including its planar extension, that separates one parcel of real property from another or the vertical or horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.
- RESIDENTIAL AREA
- A group of residential properties and the abutting public rights-of-way and public spaces.
- RESIDENTIAL PROPERTY
- Any property used for human habitation.
- SOUND LEVEL
- The sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.
- SOUND LEVEL METER
- An instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
- Any day, Monday through Friday, which is not a legal holiday.
The noise control program established by this section shall be administered by the Police Department or Noise Control Officer.
The Police Department shall be empowered to stop any motor vehicle or motorcycle operated on a public right-of-way, public space or private property suspected of violating any provision of this section.
The Noise Control Officer must be qualified according to N.J.A.C. 7:29B-1.11.
Noise measurements made by Noise Control Officers must be taken according to procedures specified by N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
Noise Control Officers shall not use this section in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits as contained in Title 7, Chapter 29 of the New Jersey Administrative Code, which provisions are incorporated herein by reference and when measured at or within the real property line of the receiving property, except as provided in subparagraph 3. below.
When measuring noise within a dwelling unit of a multi-dwelling-unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room.
Exemptions. The following are exempt from the sound level limits of Title 7, Chapter 29 of the New Jersey Administrative Code.
Noise from domestic power tools, lawn mowers and agricultural equipment when operated with a functioning muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. weekends and legal holidays, provided that they produce less than 85 dBA at or within any real property line of a residential property.
Sound from church bells and church chimes when a part of a religious observance or service.
Noise from construction activity, provided that all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in paragraph b,6 herein.
Noise from snowblowers, snow throwers and snowplows when operated with a muffler for the purpose of snow removal.
Noise from stationary emergency signaling devices that conform to the provisions of N.J.A.C. 7:29-13, which provisions are incorporated herein by reference.
Noise from an exterior burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
Assigned activity of Municipal employees performing employment tasks of approved Municipal public events.
Motor vehicles and motorcycles on public rights-of-way. No person shall cause, suffer, allow or permit the operation of a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in Table I.
Recreational motorized vehicles operating off public rights-of-way. No person shall cause, suffer, allow or permit the operation of a recreational vehicle in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table II at either a distance of 50 feet (15 meters) or more from the path of the vehicle when operated on a public space or (2) at or across a real property line when operated on a private property. This subsection shall apply to all recreational vehicles, whether or not duly licensed or registered.
No person shall cause, suffer, allow or permit the operation of any motor vehicle or motorcycle not equipped with original muffler or equivalent replacement in good working order and in constant operation.
No person shall remove or render inoperative or cause to be removed or rendered inoperative other than for purposes of maintenance, repair or replacement, any muffler on a motor vehicle or motorcycle.
Motor vehicle horns and signaling devices. The following acts and the causing thereof are declared to be in violation of this section:
The sounding of any horn or other auditory signaling device that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle or any auxiliary equipment attached to such a vehicle for a period longer than three minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet (46 meters) of a residential area between the hours of 8:00 p.m. and 7:30 a.m. the following day.
No person shall cause, suffer, allow or permit to be made, verbally or mechanically, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.
No person shall cause, suffer, allow or permit the following acts:
Sound reproduction systems. Operation, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device.
Loudspeakers/public address system. Using or operating of any loudspeaker, public address system or similar device other than as may otherwise be permitted in other regulations of the Township.
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. Fore the purpose of this subsection, a noise disturbance from a barking dog shall be defined as that crated by a dog barking continually for 10 minutes or intermittently for 30 minutes, unless provoked.
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects or the compacting of refuse:
Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to exceed any applicable limit set forth in Title 7, Chapter 29 of the New Jersey Administrative Code across a residential property line.
By persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 7:00 p.m. and 6:00 a.m. the following day, except by permit.
Motor vehicle repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle or motorboat in such a manner as to exceed any applicable limit in Title 7, Chapter 29 of the New Jersey Administrative Code across a residential real property line.
Construction and demolition. Operation or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day or weekday or any time on weekends or legal holidays; except for emergency work or by special variance issued pursuant to subsection 3-1.7 of this chapter and provided that such equipment is equipped with a proper muffler.
Air conditioning, air handling devices and wind energy conversion systems. The operation of air conditioning, air-handling devices, including heat pumps, or wind energy conversion systems that produces a sound level greater than 55 dBA at a real property line of a residential property, except when the operation produces less than an increase of five dBA in the sound level that exists in the absence of such sound.
Any person who owns or operates any stationary noise source may apply to the Noise Control Officer of the Township through the Township Manager for a variance from one or more of the provisions of this section. Applications for a permit of variance shall supply information including but not limited to:
The nature and location of the noise source for which such application is made.
The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted.
The nature and intensity of noise that will occur during the period of the variance.
The part or parts of this section for which the permit of variance shall apply.
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.
A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this section within a reasonable time.
A copy of the permit of variance must be kept on file by the Township Manager for public inspection.
Failure to supply to the Noise Control Officer the information required hereby shall be cause for rejection of the application.
The Township Manager shall charge the applicant a fee of $10 to cover expenses resulting from the processing of the permit of variance application.
The Noise Control Officer may impose such terms and conditions as he deems necessary and grant such variances for the protection of the health, welfare and environment of the public. No permit shall be issued for longer than one year.
Appeal from a denial of a variance by the Noise Control Officer may be filed with the Township Council within 10 days of such denial.
Issuance of summons. Violation of any provision of this section shall be cause for a summons to be issued by the Noise Control Officer or, in the case of prohibited acts specified in subsection 3-1.6, by any member of the Township Police Department.
Except as provided in subsection 3-1.2, hereof, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
An abatement order shall not be issued for any violation covered by paragraph c,2 below or when the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.
Any person who violates any provision of this section shall be subject to the General Penalty, as established in Section 1-5 of this Code.
If the violation is of a continuing nature, each day during which it continues shall continues shall constitute an additional, separate and distinct offense.
Other remedies. No provision of this section shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this section or from other law.
|Table I Maximum Permissible Sound Levels From Motor Vehicles and Motorcycles*|
|Vehicle Class||Sound Level in dBA at 50 feet (15 Meters) From Center Line of Vehicle Travel Speed Limit 35 m.p.h. or less||Speed Limit Over 35 m.p.h||Stationary Run-Up|
|Motor carrier vehicle engaged in inter-state commerce of GVWR or GCWR of 10,000 pounds or more||85||90||88|
|All other motor vehicles of GVWR or GCWR of 10,000 pounds or more||86||90||—|
|Any other motor vehicle or any combination of vehicles towed by any motor vehicle||76||82||—|
|Any motor vehicle or motorcycle with a GVWR of less than 10,000 pounds||80|
|Table II Maximum Permissible Sound Levels for Recreational Motorized Vehicles Off Public Rights-of-Way|
|Vehicle Type||Sound Level (dBA)|
|(Unit manufactured before 1975)||86|
|(Unit manufactured after 1975)||84|
|Any other vehicle|
|(Unit manufactured before 1975)||84|
|(Unit manufactured after 1975)||80|
The Township Council wishes to promote the long established goals of the Township to maintain a litter free and aesthetically pleasing environment for the health, safety and welfare of the residents; and the Township of Deptford further wishes to incorporate provisions promulgated by the New Jersey Department of Environmental Protection relating to the "Clean Communities Model Programs for Municipalities."
As used in this section:
- Any equipment now known or hereafter invested, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.
- AUTHORIZED PRIVATE RECEPTACLE
- A "litter" storage and collection receptacle.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- "Garbage," "refuse" and "rubbish," as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
- A park, reservation, playground, recreation center or any other public area in the Township owned or used by the Township and devoted to active or passive recreation.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designated or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenance to such dwelling, house, building or other structure.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public "parks" squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including "garbage," "rubbish," ashes, loose earth, street cleanings, dead animals, 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, wood, grass, glass, bedding, household and commercial appliances, crockery and similar materials.
- The Township of Deptford.
- 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.
No person shall within the limits of the Township discard, deposit, throw or leave any litter, garbage, refuse, rubbish or any other material upon the public streets, roads, avenues, parks, sidewalks or other public place or upon any other lot or other premises excepting containers for that purpose or so placed as to be collected by the proper authorities.
Litter receptacles and their servicing is required by the Township at the following public places: sidewalks used by pedestrians in active retail commercially zoned areas, such that 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; any street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping areas; parking lots; 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.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or public place.
No person shall discard or dump any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
No person shall store in any areas zoned residential any bulky household items including but not limited to appliances, furniture, mattresses, tanks, barrels except in a fully enclosed structure wherein such item is not visible.
No person shall store tires in any area zoned residential except in a fully enclosed structure wherein they are not visible.
No person shall park or store vehicles on residential lawns.
No person shall accumulate debris on or around construction sites or permit the storage of debris in such a manner that it is likely to be removed by natural forces unto adjacent property.
No commercial, industrial or residential waste disposal bins shall be permitted to be open or overflowing.
Every owner, leasee, tenant, occupant or person in charge of any building or structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure or the curb and abutting area if there is no sidewalk, free from obstruction and nuisances of every kind, and shall keep the sidewalks, areaways, back yards, courts and alleys from litter and other offensive materials.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter or dirt from any public or private sidewalk or driveway. Each person is required to properly containerize all sweepings from such areas.
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the Township, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or other body of water in a park or elsewhere within the Township.
No person in an aircraft shall throw out, drop or deposit within the Township any litter, handbill or other object.
The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Township, whether owned by such person or not.
If shall be unlawful for any person to tamper with or take or remove any of the contents from any public or private receptacle containing garbage, refuse, rubbish, junk or other waste material which has been placed or deposited along any public highway, street, lane, or alleyway for collection by the Township or any of its agents or servants, and any person who violates the purpose and intent of this section shall be subject to the penalties set forth herein.
Notice to remove. The Health Officer, Code Enforcement Officer or other enforcing officer of the Township is hereby authorized and empowered to notify the owner of any open or vacant private property within the Township, or agent of such owner, to properly dispose of litter located on such owner's property which is in violation of the provisions set forth herein. Such notice shall be either by personal service or certified mail addressed to the owner at his last known address.
Action upon noncompliance. In the event that paragraph a. above has been complied with by the Township and the violations have not been remedied within 10 days after receipt of the written notice as provided by paragraph a. above or within 15 days after the date of such notice in the event same is returned to the Township by the post office because of the inability to make delivery thereof, provided that same was properly addressed to the last known address of such owner or agent, the Township Official is hereby authorized and empowered to order the abatement and disposal of the litter by the Township.
Charges included in tax bill. When the Township has effected the removal of the litter or has paid for its removal, the actual cost thereof, plus accrued interest at a rate of 10% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Township, and this charge shall be due and payable by the owner at the time of the payment of such bill.
Recorded statement constitutes a lien. Where the full amount due the Township is not paid by such owner within 30 days after the disposal of such litter, as provided for in paragraphs a. and b. above, then in that event the designated Township Official shall cause to have filed in the Tax Collector's Office of the Township a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court and attorneys fees if any, for the collection until final payment as been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities has been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of this statement, plus interest and other costs, constitutes a charge against the property designated or described in this statement and that the same is due and collectable as provided by law.
Any person found guilty of violating any of the provisions of this section shall be fined not less than $100, and upon conviction, the penalty shall be stated in Section 1-5, General Penalty.
The purpose and intent of this section is to provide criteria and standard operating procedures that are reasonably nonexclusionary and nondiscriminatory in the selection and use of towing operators, for providing towing, road services and the storage of vehicles, including but not limited to the towing of vehicles that are abandoned, disabled, illegally parked or stolen, vehicles involved in accidents and/or those vehicles suspected or identified by the Township as being involved in criminal activities.
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
- ABANDONED MOTOR VEHICLES
- Any motor vehicle which has remained on or along any highway or other public property or on private property without consent for a period of more than 48 hours or for any period without current license plates. Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.
- A private passenger automobile of a private-passenger or station-wagon type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver, and a motor vehicle with a pickup body or a delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by a husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An "automobile" owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private passenger automobile owned by two or more relatives resident in the same household.
- Any person, firm, partnership, association, corporation, company or organizations of any kind.
- PRIVATE PROPERTY
- Any real property within the Township which is privately owned and which is not public property as defined in this section.
- PUBLIC PROPERTY
- Any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
- TOWING SERVICE
- A person engaged in the business or offering the services of a vehicle wrecker or towing service whereby abandoned motor vehicles are towed or otherwise removed from the places where they are abandoned by use of a wrecker or truck so designed for that purpose.
- The Township of Deptford, County of Gloucester and State of New Jersey.
There shall be established a list of towing contractors authorized to provide vehicle towing and storage services as required by the Township. The Chief of Police shall be responsible for the administration of towing services once the towing contractors are approved. It shall be within the authority of the Chief of Police to administer the list of towing contractors within the Township provided that the towing contractor continues to abide by and meet all criteria set forth in this section. Nothing herein shall be construed to prevent the Chief of Police from establishing a rotation list or a primary/secondary list of towing contractors provided that the list is established in a nondiscriminatory and nonexclusionnary basis pursuant to N.J.S.A. 40:48-2.49.
The abandonment of a motor vehicle or any part thereof on any highway in this Township is unlawful and subject to the penalties as set forth herein. The abandonment of a motor vehicle or any part thereof on private or public property in view of the general public anywhere in the Township is unlawful, except on property of the owner or bailee of such abandoned vehicle. A motor vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Chief of Police, after a waiting period of 48 hours or more has expired. (This provision shall not be deemed to limit any other remedy or enforcement of remedy provided by State Statute or local ordinance.)
Applications for licenses issued hereunder shall be made upon bland forms prepared by the Director of Public Safety and made available by the Township Clerk which shall incorporate all information necessary to establish that the contractor can meet the minimum standards set forth hereafter.
The application shall have affixed thereto an affidavit by the applicant that all of the information given in the application is true and correct, and the application shall be submitted to the Township Clerk.
Contractor shall be approved for the delegation of towing services set forth herein on a one year basis. All licenses issued pursuant to the provisions of this section shall expire 12:00 a.m. midnight on January 31st, next succeeding the date of the issuance thereto, and all persons desiring to continue as approved Towing Contractors after the expiration of any license granted hereunder, shall make application before January 5th for a new license for the ensuing year in the same manner that is required for the issuance of the original license.
It shall be the responsibility of the Township Council, or its designee, to approve all applications for towing operators to be utilized for the purpose of providing emergency towing, road and storage services to owners of motor vehicles utilizing Township roads when it is determined that the following requirements have been met by the applicant. The following requirements apply to insurance and indemnification of Township.
All towing operators shall submit a certificate of insurance with the application and the certificate shall name the Township as an additional insured. The certificate shall provide evidence that the towing operator carries the following insurance coverages:
Automobile liability: in an amount not less than $1,000,000 combined single limits.
Garage keeper's liability coverage: in an amount not less than $60,000 per location.
Garage liability insurance: in an amount not less than $1,000,000 combined single limits.
Workers' compensation coverage: as required by Statute.
Indemnification. The towing operators agree that, to the fullest extent permitted by law, they shall defend, indemnify and hold harmless the Township from and against any and all claims, suits, judgments and demands whatsoever, including without limitation, cost, litigation expenses, counsel fees and liabilities with respect to injury or death of any person or persons whatsoever or damage to property of any kind by whomever owned arising out of or caused or claimed to have been caused, in whole or in part, by the negligent acts or omissions of the towing operators or any person directly or indirectly employed by the towing operators while in the performance of rending any services pursuant to the scope of this section.
All of the coverages set forth in subsection 3-7a. above shall name of the Township as additional insureds on the policy. The endorsement shall also provide that 30 days notice to the Township is required to the extent that any material changes are made with regard to the policy or to the extent that the policy is to be cancelled.
Any person maintaining a principal place of operation within the Township shall conform to a legally approved zoning and/or site plan and shall comply fully with the Township's Zoning, Land Use and Property Maintenance Code. Failure to comply with the Township's Zoning, Land Use and Development and/or Property Maintenance Code may subject any applicant/operator to suspension from the service list of approved towing contractors and/or deem that contractor ineligible for service on that list.
The towing service shall provide plans showing a sufficient area, controlled by the towing service, for the storage of abandoned vehicles towed at the request of the Township. The storage facility shall be lighted, fenced and/or secured in order to guarantee the safe stored of all vehicles.
In addition to other equipment which is necessary for the safe performance of towing, emergency road and storage services, all towing operators must be equipped with at least the following:
Two light-duty wreckers which are able to handle all makes of passenger cars and small trucks up to one ton, such as pickup and small panel trucks. The garage from which the light-duty wrecker originates must be equipped with a portable car dolly. Each light-duty wrecker shall be equipped with the following:
Dual rear wheels or equivalent;
Power take-off controlled winch with a minimum cable thickness of 1/2 inch or equivalent;
Comparable weight equal to the vehicles to be towed, with a minimum of 5,500 pounds;
A 3/8 inch safety chain. The left chain and safety chain shall not be attached in any form or manner to the same part of the wrecker;
Two double-faced rear flashing amber lights mounted high enough to be seen over the towed vehicle;
A 360° rotating amber beacon light mounted over the cab;
All lights shall be of such candle power and intensity as to be visible 1/4 mile away or shall be equal to the candle power of lights on Township Police vehicles.
One heavy-duty wrecker equipped with the following:
Dual rear wheels;
Manufacturer rating: gross vehicles weight of 10,000 pounds. Manufacturer rating may be obtained from the factory where the truck originates. Other written evidence of gross vehicle weight may be accepted by the Township is verified;
Power take-off control winch with a minimum cable thickness of 5/8 inch;
Two double-faced rear flashing amber lights mounted high enough to be seen over the towed vehicle;
All lights shall be of such candle power and intensity as to be visible 1/4 mile or shall be equal to the candle power of the lights on a Township Police vehicle;
One-half inch safety chain. The lift chain and safety chain shall not be attached in any form or manner to the same part of the wrecker;
Connecting air lines for connection with the air compressor and air brake lines of the towed vehicle;
Detachable amber flashing lights attached to the rear of the towed vehicle;
Two speed rear axle and differential or dual transmission of five speed transmission.
One flat-bed truck for removal of vehicles from the roadway.
All owning operators' trucks must be equipped with either two way radio and/or mobile telephone communications equipment with their principal places of business, including their garages and/or facilities, to ensure the proper availability of services and equipment on behalf of the Township and motorists.
All towing operators' trucks shall be equipped with brooms, shovels and any other street-sweeping equipment for the purpose of clearing debris off the roadways. The towing operator shall, at the time of removing any motor vehicle in response to a Police request, remove from the public or private roads or highways any motor vehicle debris or material in the area surrounding the vehicle, except for any debris or material which may be hazardous, such as oil, gasoline, kerosene or other petroleum or chemical products. The cleanup of debris, other than hazardous materials, shall be performed by the towing operator, without charge to the Township or the vehicle owner.
The towing operator's wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Division of Motor Vehicles. All towing operator vehicles shall display New Jersey commercial license plates.
All towing operators shall have facilities and equipment that will ensure and guarantee the furnishing of prompt and efficient services for all standard passenger automobiles.
The towing operator's company name, address and telephone number(s) shall be prominently and permanently displayed on both sides of all wrecker(s) and other tow vehicles.
A towing operator shall not permit a vehicle to be removed from the site of a vehicular accident or the scene of a crime without the prior approval and permission of a Police Officer. Once removed from the scene to the towing operator's premises, the towing operator shall be required to allow the owner of any such vehicle to remove items of personal property from such vehicle and shall not require the owner of such vehicle to obtain a release or other documentation from the Deptford Police Department unless the Deptford Police Department has advised the towing operator in writing that the towing operator is not to release items of personal property due to an ongoing criminal investigation.
Towing services shall be available and provided on a seven day per week, twenty-four-hour per day basis for the entire geographic area of the Township. A contractor on the approved list must be able to respond to any tow scene within 20 minutes of the Township's request and shall tow any automobile including but not limited to abandoned vehicles which the towing operator is directed to tow by a Deptford Police Officer.
Failure of any towing contractor to meet the minimum standards set forth above shall be grounds, through the Chief of Police, to recommend suspension and/or termination of the Towing Contractor from the approved list and shall further constitute grounds for nonrenewal in subsequent years.
Each towing contractor performing services for the Township as set forth herein shall provide the Chief of Police, on a quarterly basis, with an informational report setting forth the details of each towing service provided under this section. The report shall include the date; the description of the vehicle that was towed; information specifically identifying the vehicle; details surrounding the hiring of the towing service; names of the owners of the towed vehicle and of the patron engaging him; charges submitted by the towing service and amount paid to the towing contractor, specifying whether the payment was made by an insurance company or the individual engaging the service. This quarterly report shall cover periods of February 1st to April 30th; May 1st to July 31st; August 1st to October 31st; and November 1st to January 31st. The report shall be due no later than 15 days after the conclusion of the quarter as set forth above. Failure to submit these reports shall immediately be grounds for the Chief of Police to terminate the contractor from providing towing services for the Township until a complete report as set forth above is submitted by the contractor.
The Chief of Police, and/or his designee, shall be responsible for the enforcement of this section. It shall be his responsibility to periodically inspect the towing contractors' vehicles and yard to insure continued compliance with this section and New Jersey law applicable to the service. If at any time the Chief of Police shall deem the equipment inadequate or unsafe, or that the contractor is not in compliance with this section, he shall have the power to demand immediate correction, and, if not corrected to the full satisfaction of the Chief within five days, he shall then have the power to revoke or suspend the license of the contractor for up to 30 calendar days for failure to comply with any subsection of this section. A subsequent violation may result in a permanent removal of a towing operator from the duty service list for a twelve-month period. A towing operator may appeal the Chief's ruling of either a suspension or permanent removal. In such cases, an appeal may be filed with the Township Clerk within 10 business days of the delivery of the Chief's decision to the towing operator. A hearing will then be held by the Township Council within 30 business days of the filing of the appeal. The Township Council shall render its determination within 15 business days following the conclusion of the hearing. The governing body's determination as rendered shall be final and conclusive under this section. The suspension of the towing operator from the service list shall continue until the point in time that the Township Council renders a decision as set forth above, notwithstanding the fact that the suspension may exceed 30 days. If Township Council fails to make a decision within the time period set forth above, then the towing contractor shall automatically be reinstated.
Any towing service called to tow a vehicle at the request of the Police Department shall charge no more than the following maximum tow charges and storage fees:
For towing any abandoned or disabled motor vehicle from any point within the Township 24 hours per day, seven days per week, shall be no more than $65 for two axle vehicles and $75 for vehicles with more than two axles.
For every day of dead storage per vehicle, a flat rate fee of $20 may be charged.
Every operator of a towing service shall give the owner of the vehicle a written receipt for the fee paid.
In no event shall the Township of Deptford, its departments or agencies or its officers, agents or employees while acting in the course of their employment be charged any storage fees or tow charges for charges for canceled tows.
Any Township vehicle shall be towed by the towing contractor free of charge.
In addition to the penalty provided in paragraph a, the towing operator shall be subject to the suspension provisions set forth above.
As used in this section:
- An unlicensed motor-driven vehicle or conveyance, including but not necessarily limited to two-wheel motor vehicles known as mini-bicycles, trail bicycles or motor scooters. The term "minibike" shall not include motorized bicycles as defined in Chapter 250 of the Laws of 1975.
- Any individual, association or corporation.
From and after the effective date of this section, no person shall own, ride or operate a minibike within the Township unless such minibike is registered pursuant to the terms of this section.
Application for registration shall be made by the owner of a minibike to the Municipal Clerk upon a form approved by the Director of Public Safety, which form shall require the name and address of the owner; the make, model and serial number of the minibike; and such information as the Director of Public Safety shall deem necessary and proper.
The owner shall sign the registration form and shall certify that the information contained thereon is true.
A separate registration shall be required for each minibike.
A registration fee in the amount of $4 shall accompany each registration form.
Upon receipt of the registration fee and a completed registration form signed by the owner, the Municipal Clerk shall submit the registration form to the Director of Public Safety or his designee.
The Director of Public Safety or his designee, upon receipt of the registration form from the Municipal Clerk, shall issue to the registrant a minibike tag which shall be attached to the seat of the minibike in a prominent place so as to be visible from the rear. The tag number shall be noted on the registration form.
The Director of Public Safety or his designee shall be responsible for the custody and maintenance of all registration forms.
No person shall remove, destroy, mutilate or alter any minibike tag or the number which appears thereon.
Transference of ownership. Every person who sells or transfers ownership of a registered minibike shall report such sale or transfer to the Municipal Clerk and shall return the minibike tag issued for such minibike.
No person shall operate a minibike on the private property of another without the express written permission to do so by the owner of the property.
No person shall operate a minibike on any public street located within the Township.
No person shall operate a minibike on public grounds without express written permission to do so by the Director of Public Safety.
No person shall operate a minibike in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
No person shall operate a minibike in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or the property of any other person.
Any person under the age of 18 years who violates or fails to comply with any of the provisions of this section shall be, for the first offense, reprimanded in writing by the Police Department.
Any minibike which is used or operated and which does not display a minibike tag issued pursuant to this section shall be impounded by the Township Police and shall be stored in such a place as is designated by the Director of Public Safety.
The owner of any minibike so impounded may reclaim the same upon proof of compliance of the provisions of this section and upon payment of all costs and charges incurred by the Township for towing and storage of the minibike. The Director of Public Safety is authorized to prepare a schedule of costs and charges for towing and storage. Such schedule shall become effective upon publication and filing with the office of the Clerk and the Township Council. Any modifications to the schedule shall be accomplished in a like manner.
When a minibike is impounded, the Police Department shall keep and maintain a record which shall contain, where possible, the color, make, model, year and serial number. These records shall also include the date and hour of impoundment, the location from which impounded, the reason for impoundment, the name of the impounding officer and the location at which the minibike is stored.
The purpose of this section is to establish regulations concerning the operation and maintenance of certain alarm systems within the Township, and to provide penalties upon conviction for violations of any of the provisions set forth herein.
As used in this section:
- ALARM SYSTEM
- Any mechanical, electrical or electronic device which is designed or used for the detection of an unauthorized entry into a building, structure, or facility, or for alerting others about the commission of any unlawful act in a building, structure or facility, or for alerting others about the existence of any other condition requiring response of Police, Fire, or Ambulance personnel; and which omits and/or transmits an audible and/or visible signal or message when activated. Alarm systems include, but are not limited to direct-dial telephone devices, audible alarms, and subscriber alarms.
It shall be the responsibility of all persons, entities, firms, corporations or other groups that maintain alarm systems within the Township, to provide current information to the Police, consisting of the names and telephone numbers of responsible persons who may be contracted in case of emergency, or who are authorized to provide services to the alarm systems; either being on a twenty-four-hour basis. This information is to be filed with the Township Police Department when the alarm system is initially placed into service, and must be revised immediately whenever changes are necessary.
Audible alarms must be silenced within 60 minutes after a designated responsible person is notified to do so by the Police or, the alarm system may be equipped with a timing device that will automatically silence the audible alarm within 60 minutes after it is activated.
The direct-dial alarm shall not be connected to the Township Police Department emergency phone number. A secondary phone will be provided for direct-dial alarms only. Direct-dial alarms must be equipped with a device that will prevent more than three repeated transmissions of an alarm for the same emergencies to the Township Police Department. Recorded messages must also include the name and telephone number of a responsible person who may be contacted by the Police in case of an emergency, on a twenty-four-hour basis.
It shall be the responsibility of all persons, entities, firms, corporations, or other groups that maintain alarm systems within the Township to prevent the transmission of false alarms through a program of training, and periodic inspection and maintenance of their respective alarm system.
For any false alarm, the following penalties shall be applied:
For the first and second false alarm in any given calendar year, a warning shall be issued by the Township through a letter to the owner of the premises on which the false alarm was sounded.
For the third false alarm in the same calendar year, a fine of $50 shall be paid to the Township.
For the fourth and each subsequent false alarm in the same calendar year, a fine of $100 shall be paid to the Township.
When an investigation by the Police Department discloses continued abuse of the privilege of connection of the alarm system to the Police Department and disregard of the subscriber for taking remedial steps to avoid false alarms, the Township Council reserves the right to authorized the Chief of Police to disconnect any subscriber alarm from the Township Police Department after giving written notice to the subscriber.
Any person, entity, firm, corporation or other group that is found guilty of violating any of the other provisions of this section shall be subject to a fine of not more than $250.
The provision of this section shall not apply to the General Alerting Alarms that may be used by Fire Companies, Ambulance Squads, or Civil Defense Agencies, to summon response of their members. The provisions of this section further shall not apply to alarm systems that are affixed to motor vehicles such as Police, Ambulance, and/or Fire Vehicles.
The provisions contained herein shall apply equally to those alarm systems that were placed in service prior to or subsequent to the effective date of this section.
It shall be unlawful for any person or persons to ride any horse on any of the streets, avenues or highways within the Township, at a speed faster than a walk of such horse.
Every horse being ridden by any person or persons shall at all times by under the immediate control of the person or persons riding such horse within the limits of the Township.
No horse shall be left unattended in any of the streets, avenues or highways of the Township.
No person shall run or race a horse on any of the streets, avenues or highways in the Township, nor permit the running, racing or trotting of such horse on such highways in the Township at any time.
No person shall ill-treat, over-ride or cruelly treat a horse within the limits of the Township.
Any person or persons who shall neglect or violate any of the provisions of this section shall be subject to a fine not exceeding $100 for each and every offense, to be determined by the court before whom the proceeding shall be instituted, and the court may commit the defendant or person guilty of such violation to the County jail until a fine be paid, with costs or until he be otherwise discharged according to law.
|Part I Deptford Mall and Other Public Places|
As used in this Article.
- DEPTFORD MALL
- The area located adjacent to the buildings and the buildings located within Block 220A, Lots 16,17, 18, 19 and 22 on the Tax Maps.
- FIRE LANE
- All that area and roadway 34 feet in width, located adjacent to the buildings located within Block 200A, Lots 16, 17, 18 19 and 22, on the Tax Maps of the Township, commonly referred to as the "Deptford Mall," commencing at the southeast corner of the Sears building, and thence continuing along the perimeter of the Deptford Mall building to the place and point of beginning, as described in the Traffic Sign Plan, drawn by Ballinger Architects/Engineers, dated November 1, 1974, and filed with the Township Clerk of the Township of Deptford; and all that area and roadway 34 feet in width, located adjacent to the Sears T.B.A. facility, commencing at the entrance of the facility along the perimeter of this building to the place and point of beginning.
- MOTOR VEHICLE
- Any vehicle which is self-propelled and designed to travel along the ground, including but not limited to automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, campers and trailers.
- The standing or waiting within the Deptford Mall area, as defined, of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PUBLIC BUILDINGS
- Any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreations facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places, constructed by any State, County or Municipal government agency or instrumentality or any private individual, partnership, association or corporation, with the following exceptions: one- to four- family private residences, warehouse storage areas and all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.
- STOPPING OR STANDING
- When prohibited, any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal.
- The Township of Deptford, County of Gloucester and State of New Jersey.
Other Words an Phrases Defined. Whenever any other words or phrases are used in this section where meaning is ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey, that meaning shall be deemed to apply to such words and phrases used herein; in all other instances such words and phrases not so ascribed shall be given their ordinary and common meaning.
No person shall park, stop or stand a motor vehicle at any time within any fire lane.
A person may stop or stand a motor vehicle for a period not to exceed 30 minutes for the sole purpose of parcel pickup in those areas specifically designated for such parcel pickup.
Transport of New Jersey buses may stop, stand or layover for the purpose of discharging and boarding passengers in the area designated as D.S. No. 4, southeast quadrant on the Traffic Sign Plan drawn by Ballinger Architects/Engineers, dated November 1, 1974, and filed with the Municipal Clerk.
The terms and provisions of this Article shall be enforced by the Township Police Department, the Fire Marshall or his designee, and such other persons as the Township Manager may designate to enforce this Article.
Anyone who shall violate this Article may be fined, upon conviction, not more than $100.
When a motor vehicle shall be improperly parked, stopped or standing within any fire lane, in violation of this Article, for a period in excess of two hours, or where that motor vehicle shall constitute an immediate danger to the public health, safety or welfare of those persons or property adjacent thereto, any enforcing officer, in addition to any other remedies provided herein, may order that motor vehicle removed by a towing service authorized and licensed by the Township. The owner of such motor vehicle removed shall be responsible for all towing and storage charges in accordance with the provisions of Section 3-3, Abandoned Vehicles, of this chapter.
Any enforcing officer who shall order the towing away of any motor vehicle pursuant to the provisions of this Article shall immediately report the towing away of such vehicle to the Chief of Police or his designee. The Police Department shall maintain a permanent log of all such information in accordance with the record keeping required under subsection 3-3.11 of this chapter.
Nothing contained herein shall prohibit any owner of lands and premises hereinbefore defined and designated as the Deptford Mall from exercising any other statutory or legal remedy in regard to the towing away of any motor vehicle illegally within any fire lane.
|Part II Knightsbridge Condominium Association Parking in Fire Lanes|
As used in this Article:
- FIRE LANES
- All that area and roadway designated as Knightsbridge Road, commencing at Delsea Drive and running to the vehicle parking area beyond Building C, and that area designated as Winding Way Road, commencing and terminating at Knightsbridge Road aforesaid, and further, all access roads to be designated and identified as that area of roadway between Building A and Building B, and Building B and Building C to Knightsbridge Road, and further, the parking area to Building D, Building D to Building E, Building E to Building F and Building F to Building G to Winding Way Road.
- MOTOR VEHICLES
- Any vehicle which is self-propelled and designed to travel along the ground, including but not limited to automobiles, buses, motor bikes, motorcycles, motor scooters, trucks tractors, go-carts, campers and trailers.
- The standing or waiting within the Knightsbridge Condominium area, as defined, of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- STOPPING OR STANDING WHEN PROHIBITED
- Any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal.
- The Township of Deptford, County of Gloucester and State of New Jersey.
- OTHER WORDS AND PHRASES DEFINED
- Whenever any other words or phrases are used in this Article where meaning is ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of News Jersey, that meaning shall be deemed to apply to such words and phrases used herein. In all other instances, such words and phrases not so ascribed shall be given their ordinary and common meaning.
The terms and provisions of this Article shall be enforced by the Township Police Department, the Fire Marshal or his designee, the Township Manager and such other persons as the Township Manager may designate to enforced this Article.
No person shall park, stop or stand a motor vehicle in any fire lane.
Anyone who shall violate this Article may be fined not more than $100.
When a motor vehicle shall be improperly parked, stopped or standing within any fire lane in violation of this Article for a period in excess of two hours or where that motor vehicle shall constitute an immediate danger to the public health, safety and welfare of those persons or property adjacent thereto, any enforcing officer may, in addition to any other remedies provided herein, order that motor vehicle removed by a towing service authorized and licensed by the Township. The owner of such motor vehicle removed shall be responsible for all towing and storage charges in accordance with the provisions of Section 3-3, Abandoned Vehicles of this chapter.
Any enforcing officer who shall order the towing away of any motor vehicle pursuant to the provisions of this Article shall immediately report the towing away of such vehicle to the Chief of Police or his designee. The Police Department shall maintain a permanent log of all such information in accordance with the record keeping required under subsection 3-3.11 of this chapter.
Nothing contained herein shall prohibit any owner of lands and premises hereinbefore defined and designated as the "Knightsbridge Condominium" from exercising any other statutory or legal remedy in regard to the towing away of any motor vehicle illegally within any fire lane.
Possession of an alcoholic beverage. A person shall be deemed to be in possession of an alcoholic beverage within the meaning of this section, if he intends to or does exercise custody, control or dominion over such alcoholic beverage; provided, however, that actual physical or manual possession is not required if the intention to exercise such custody, control or dominion over the alcoholic beverage is manifested from the direct or circumstantial evidence where it is reasonable to infer that the capacity to do so exists. Possession, custody or control need not be exclusive, but may be jointly exercised by two or more persons. A person shall be presumed to be jointly in possession, custody or control of the alcoholic beverage if the owner or person in physical control of the alcoholic beverage is in close proximity to him and the alcoholic beverage is not sealed or has been partially consumed.
Consumption of an alcoholic beverage. A person shall be deemed to consume if he drinks, swallows or imbibes any fluid or solid capable of being converted into a fluid as defined in subsection 3-8.3 of this section. A person shall be presumed to have consumed such alcoholic beverage in violation of the provisions of subsection 3-8.2 and 3-8.4 if the owner or other person in physical control of the alcoholic beverage is in close proximity to him, the alcoholic beverage is not sealed or has been partially consumed and he emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages; or a person is in possession of an alcoholic beverage that is not sealed, has been partially consumed or is in a container, such as a glass or cup, and the person emits an odor of alcoholic beverage coming from his person or exhibits physical conduct, attributes or demeanor associated with the consumption of alcoholic beverages.
In any public place or in any motor vehicle on any public highway, road, street or alley in the Township, it shall be unlawful for any person under the legal age for the consumption of alcoholic beverages established by the State of New Jersey to:
Attempt to consume or possess any alcoholic beverage.
Consume or possess any alcoholic beverage.
Engage in or attempt to engage in, in concert with one or more persons, an act of consuming or possessing any alcoholic beverage.
Distribute, deliver or make available for consumption any alcoholic beverages to any person under the legal age for the consumption of alcoholic beverages established by the State of New Jersey, or to attempt to perform such acts.
Possess, display, dispense or distribute any alcoholic beverage out of its original container.
As used in this section:
- ALCOHOLIC BEVERAGE
- Any fluid suitable for human consumption containing alcohol including, but not limited to beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes, or any mixture of the same and fruit juices.
- PRIVATE PLACE
- Any place which is not a public place as defined below.
- PUBLIC PLACE
- Any place, either publicly or privately owned, which is or may be frequented by the public.
It shall be unlawful for any person to consume any alcoholic beverage or possess any alcoholic beverage in an open or unsealed container or glass on any sidewalk, street, avenue, highway, public parking lot or other public place, or in any motor vehicle not on private property, within the Township at any time. For purposes of this section, the term "unsealed" shall mean a container with its original seal broken or a container such as a glass or cup.
It shall be unlawful for any person to consume any alcoholic beverage or to possess any alcoholic beverage in an open container with intent to consume the same on any parking lot, yard or other open area which is open to the public or to which the public is invited at any time.
It shall be unlawful for the owner or any other person in control of any such parking lot, yard or other open area, which is open to the public or to which the public is invited as described in paragraph b. above, to knowingly permit or suffer the consumption or possession of an alcoholic beverage in an open or unsealed container by any person.
When the Municipal Court suspends the imposition of a defendant's sentence, or a portion thereof, or sentences him to be placed on probation, the Municipal Court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community related services and the imposition of conditions reasonably related to the rehabilitation of the defendant including but not limited to alcoholic rehabilitation programs or other such programs related to alcoholic education or rehabilitation.
No person shall detain or fail to return any book or article borrowed from the Deptford Public Library contrary to the rules and regulations of the library after 30 days have elapsed from the date of posting by certified mail, return receipt requested, of the notice demanding the return thereof, addressed to the person at the last address furnished to the library or branch. In the event the person is a minor, the notice shall be sent to the parent or guarantor as shown on the records of the library.
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article or any part thereof which is owned by or is in the custody of the Public Library.
No person shall register under or furnish a false name or address or use any card other than the one issued to such person for the purpose of borrowing any book or any article or material from the library.
Any person violating any of the provisions of this section shall be subject to a fine not exceeding $50 for each and every violation. For the purpose of this subsection, each book and article borrowed from the Public Library shall constitute a separate violation. The penalties contained in this subsection do not in any way affect a person's responsibility to return borrowed library material, or its value, plus any accrued fines on that material.
As used in this section:
- Remaining idle in essentially one location and shall be deemed to include lounging, sleeping or spending time idly.
- PARENT OR GUARDIAN
- Any person over 18 years of age having lawful care or custody of a minor, whether by reason of blood relationship or order of any court or otherwise.
- PUBLIC PLACE
- Any place to which the public has access and shall include any street, highway, road, alley or sidewalk. Also includes the front or vicinity of any store, shop, restaurant or other place of business, and public grounds, areas, parks, schools, parking lots, shopping centers or other private property not owned by or under the control of the person charged with violating this section, or in the case of the minor, not owned or under the control of his parents or guardian.
No person shall loiter in a public place in such a manner as to:
Create a danger to immediate, actual physical violent reaction from any person, which violent reaction will cause a threat to the peace and order of the public.
Create any disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest or interfere with any person lawfully in any public place as defined in subsection 3-11.1 of this section. This paragraph shall also include the making of any unsolicited, audible remarks of an offensive or insulting nature which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
Whenever any Police Officer of the Township, the State of New Jersey or other Police Officer with lawful jurisdiction in the Township, in the exercise of reasonable judgment, determines that the presence of any person in any public place is causing any of the conditions described in subsection 3-11.2 of this section, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse or fail to leave after being ordered to do so by such a Police Officer shall be guilty of a violation of this subsection.
Any adult, parent or guardian convicted to a violation of the provisions of this section shall be subject to the General Penalty established in Section 1-5 of this Code.
Any juvenile charged with a violation of this section shall be treated in accordance with N.J.S.A. 2A:4-14 et seq. and the Rules Governing the Administration of the Juvenile-Domestic Relations Court.
Nothing in this section shall be construed so as to limit any right of free speech or assembly guaranteed under the Constitution of the State of New Jersey.
It shall be unlawful for any child under the age of 18 years to loiter, wander, ride, run through or stroll through or remain upon any of the streets, parks, or other areas or places open to the public or upon private lands not belonging unto such child or ward or his blood relatives without the permission of any owner not related to the child or ward by blood in the Township, after the hour of 11:00 p.m., prevailing time, unless such minor is accompanied by his or her parent or parents, legal guardian or some duly authorized and accredited custodian of at least 21 years of age who exercises control of such minor as hereinafter provided.
It shall be unlawful for any child under the age of 18 years to loiter, wander, ride, run through or stroll through or remain upon any of the streets after the hour of 8:00 p.m. prevailing time on that date designated each year for the celebration of Halloween and on the two days preceding the Halloween celebration, unless such minors are accompanied by his or her parent or parents, legal guardian or some duly authorized and accredited custodian of at least 21 years of age who exercises control of such minor hereinafter provided.
It shall be unlawful for any parent, legal guardian or duly authorized and accredited custodian having lawful care or custody of any child under the age of 18 years to allow or permit any such child or ware to ride, loiter, wander or stroll or remain unaccompanied on or about any of the streets, parks or other areas or places open to the public or upon private lands not belonging unto such child or ward or his blood relatives without the permission of any owner not related to the child or ward by blood in the Township within the periods and hours established and prohibited for use by a child or children of the ages aforesaid in the preceding subsection 3-12.1 entitled "Curfew Hour for Minors" of this chapter unless escorted or attended by a parent, legal guardian or duly authorized and accredit custodian, except as hereinafter provided.
A parent, legal guardian or duly authorized and accredited custodian shall not be deemed in violation of paragraph a. of this subsection unless the child under his custody or control shall have been convicted for a prior violation of this section, or that parent, legal guardian or authorized accredited custodian shall have received a warning from the Township Police Department or any other lawfully constituted authority that such child under his custody or control shall have been seen on the streets or public places of the Township unescorted or unattended by a parent, legal guardian or authorized and accredited custodian in a manner not otherwise permitted in this section during the hours for which the curfew is in effect.
The provisions of this section shall not apply to any minor child who shall be gainfully and lawfully employed, or to any minor child who shall be a bona fide student of a school, college or university of evening instruction, or to any child who shall be in attendance at an evening function sponsored by a religious or school organization, or who shall be in attendance at a properly supervised recreational program during the time necessarily required to travel between such minor child's residence and the place of assembly.
Should an emergency arise necessitating a minor child under the age of 18 years being dispatched upon an errand requiring his presence upon any street, highway, road or roadway or any other place or area open to the public during the hours to which the use thereof by such unattended minor child is prohibited hereunder, such child shall have in his or her possession a note or message in writing signed by a person of his or her household over the age of 21 stating the nature of the errand, the necessity therefor, the place of destination at which the mission is to be accomplished, the time such message was executed and the approximate time required for the errand. Any abuse of the purpose or spirit of this subsection shall constitute a violation of the provisions of this section punishable as hereinafter provided.
Any Policemen or any special officer duly appointed by the Township Council is hereby authorized and empowered to take into custody any such minor child who may be in the act of violating the provisions of this section. Such officer shall notify the parent or person having the legal care and custody of such child of the violation of this section and the penalty therefor of a second or subsequent violation and shall report the violation to the Chief of Police of the Township who shall cause a record thereof to be made. The child shall be released immediately in the custody of such parent or person having his or her legal care or custody.
A minor child under the age of 18 years of age convicted of violating any of the provisions of this section shall be punished by a fine not in excess of $100 for the first offense; for a subsequent offense by a fine not in excess of $250 or by imprisonment not to exceed 10 days, or by both fine and imprisonment. In addition to the penalties provided herein, the court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services and the imposition of conditions reasonably related to the rehabilitation of the violator, including but not limited to educational vocational or other social service programs.
A person of the age of 18 years or older, including but not limited to any parent, guardian or any other person having the legal care and custody of the child convicted of violating any part of this section shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 30 days, or by both fine and imprisonment; provided, however, that any such person convicted of a second or subsequent violation shall pay a fine of not less than $250. In addition to the penalties provided herein, the court may attach such reasonable conditions authorized by N.J.S.A. 2C:45-1, including the performance of community-related services and the imposition of conditions reasonably related to the rehabilitation of the violator, including but not limited to educational, vocational or other social service programs.
It is unlawful for a parent, guardian or one charged with the custody of a minor to knowingly fail to properly supervise the conduct of any child or ward under the age of 18 years such that this child or ward is adjudged to be a juvenile delinquent.
For purposes of this section, juvenile delinquency may be founded upon the following:
Whenever any parent or guardian is charged with a violation of this section, there shall be a rebuttal presumption that he has knowingly failed to properly supervise the conduct of his child or ward if such violation upon which this juvenile delinquency is based occurred within 180 days after notice to the parent that his child or ward has violated an act under subsection 3-13.1, paragraph b. of this section or within 180 days of the child or ward being adjudicated a juvenile delinquent.
Sufficient notice to the parent or guardian may be founded upon notice, either oral or written, from a duly authorized representative of the Gloucester County Probation Department, notice from the Township Police Department or a final determination of a court of competent jurisdiction.
Whenever any minor under the age of 18 years is charged with a violation of any part of Section 3-11, Loitering, sufficient notice of this act to the parent or guardian may be founded upon notice, either written or oral, from the Chief of Police or any person designated by him to give such notice; or such other parties enumerated in subsection 3-12.3, paragraph b.
If at any time within 60 days following the giving of notice as provided in paragraph a. hereof, the minor to whom the notice related again is charged and subsequently convicted of a violation of Section 3-11, Loitering, it shall be rebuttably presumed that the minor did so with the knowingly permission or sufferance of his parent or guardian.
Any adult, parent or guardian convicted of the provisions of this section shall be subject to the General Penalty in Section 1-5 of this Code.
Upon proper application and approval of the Township Council, it shall hereafter by lawful for any organizations or associations who are authorized under the "Bingo Licensing Law" and the "Raffles Licensing Law" of the Revised Statutes of The State of New Jersey to conduct, hold or operate bingo games, lotto and/or raffles as described in the Acts on the first day of the week, commonly known and designated as Sunday. Bingo games, lotto and/or raffles shall not be conducted under any license on Sunday, unless the License specifically so provides.
At the time of application for any license issued for bingo pursuant to this section, at the time of application, a licensing fee of $5 for each occasion on which any game or games of bingo are to be conducted under the license shall be tendered to the Township Clerk made payable to Deptford Township.
The Township shall collect a fee in an amount equal to the amount charged by the Legalized Game of Chance Control Commission.
This section shall be known and shall be cited as the "Drug Free School Zones Ordinance."
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, a Drug Free School Zone Map was produced on May 16, 1998, by Remington and Vernick Engineers establishing the locations and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary, junior high and high schools, including public, private and parochial schools located within the jurisdiction of the Township of Deptford. The locations of "Drug Free School Zones" are as follows:
|Name of School||Location|
|Deptford High School||Fox Run Road|
|Monongahela Junior High||Bankbridge & Tanyard Roads|
|Almonesson School||Almonesson Road|
|Central School||Delsea Drive|
|Delaware Valley Academy||Sickel Lane|
|Gloucester County College||Tanyard Road|
|Good Intent School||Good Intent Road|
|ICYA Building||966 Mail Avenue|
|Jericho School||Cedar Lane|
|Lake Tract School||Iszard Road|
|Mount Holy Redeemer School||Delsea Drive|
|New Sharon School||Delsea Drive|
|Oak Valley Elementary||College & University Boulevard|
|Pine Acres Elementary||Lynne & Purdue Avenues|
|Shady Lane School||Shady Lane & Pine Avenues|
|St. John of God School||Delsea Drive|
|Westville School||Summit Avenue|
|Board of Education Administrative Building||2022 Good Intent Road|
The Board of Education or its designee, or the Chief Administrative Officer in the case of any private or parochial school, shall have the continuing obligation to promptly notify the Chief of Police, Township Engineer, Township Solicitor and Township Clerk of any changes or contemplated changes in the location of any property owned by or leased and used for school purposes.
The Township Clerk shall receive and keep on file the original of the "Drug Free School Zone Map dated May 16, 1988" and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with certification that such copy is a true copy of the "Map" approved and adopted herein and kept on file. It is hereby further directed that the Township Clerk shall provide the County Clerk and the Gloucester County Prosecutor a true copy of the map and this section without cost, as well as future amendments.
The terms and provisions of this section shall be enforced by the Deptford Township Police Department. The following additional matters are hereby declared recited and stated as follows:
It is understood that the map approved an adopted pursuant to subsection 3-17.2 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of the State of New Jersey, and pursuant to State Law, such map shall constitute prima facie evidence of the following:
The location of elementary and secondary schools within the Township of Deptford;
The boundaries of the real property which is owned by or leased to such schools or a school board;
That such school property is and continues to be used for school purposes; and
The location and boundaries of areas which are on or within 1,000 feet of such school property.
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of June 28, 1988, that being the effective date of N.J.S.A. 2C:35-7.
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-17.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised, approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
All of the requirements set forth in N.J.S.A. 2C:35-7, concerning the preparation, approval and adoption of a Drug-Free School Zone map have been complied with.
Any person violating the provisions of this section shall be subject to the penalties set forth by N.J.S.A. 2C:35-10 of the Laws of the State of New Jersey.
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2A: 170-51; and medical and scientific evidence indicates that tobacco use is a leading cause of preventable death in the United States, medical and scientific evidence demonstrates that tobacco usage is addictive and causes serious health problems.
The Director of the National Institute on Drug Abuse has concluded that the majority of the 390,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents, and a significant number of children under the legal age to purchase tobacco are still able to do so under either directly or through vending machines. The Deptford Township Council is authorized to enact ordinances not contrary to the laws of this State or of the United States as it may deem necessary and proper for the protection of persons and for the preservation of the public health, safety, welfare of the Township of Deptford and its inhabitants.
Interpretation. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number, and words used in the plural number shall include the singular. The word "shall" is mandatory, and mot merely discretionary. Words, terms of expression not defined herein shall be interpreted in the manner of their commonly accepted meaning.
- Any place licensed by the State of New Jersey to primarily sell at retail beer, wine mixed spirit drinks and spirits for consumption the premises.
- CODE ENFORCEMENT OFFICER
- Any person employed by the Township in the capacity of enforcing the laws of the State of New Jersey and the ordinances of the Township of Deptford. This would include but not be limited to all sworn members of the Deptford Township Police Department.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- Place licensed by the Township of Deptford to dell food at retail.
- SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
- Shelving or storing of cigarettes in any area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.
- Any place licensed by the State of New Jersey to primarily sell at retail, beer, wine, mixed spirit drinks and spirits for consumption on the premises.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- TOBACCO RETAILER
- Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use. Tobacco retailer shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
- VENDING MACHINE LOCATION
- The room enclosure, space or area where a tobacco vending machine is installed and operated.
Prohibition of tobacco sales to minors. It shall be unlawful for tobacco retailers to sell tobacco to a person under 18 years of age.
Identification required. 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 of 18 years.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display of cigarettes or tobacco products in Deptford Township.
With the exception of permitted vending machines, it shall be unlawful for tobacco retailers to display, advertise, or offer for sale, tobacco products in any location in which minors are permitted at a height at less than four feet or adjacent to candy or items specifically intended for sale to or for children.
Complaint. Whenever the Code Enforcement Officer, or his designee, reasonably believes that there exists a violation of this section, he/she may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the subsection of this section alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
Right of entry and inspection.
The Code Enforcement Officer, or his designee, or any other person charged with the enforcement of this section, after giving proper identification, may inspect any matter, thing, premise, place, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Code Enforcement Officer, or his designee, or any other person charged with enforcement of this section during the routine performance of his or her duties.
The Code Enforcement Officer, or his designee, may request the assistance of the Deptford Township Police Department, or other Police Agency or Peace Officer when necessary to execute his or her official duty in a manner prescribed by law.
This section shall supplement the ordinances of Deptford Township and all other Statutes duly enacted by the State of New Jersey and the County of Gloucester relating to public health and safety. Where the provisions of any other State law, local ordinance or regulation, or administrative rules apply, or the laws or regulations of the United States, the more restrictive of any or all laws, ordinances, regulations or rules shall prevail.
This section shall be liberally construed for the protection of the health, safety, and welfare of the people of Deptford Township.
The Code Enforcement Officer, or his designee, is hereby granted the authority to establish policies and guidelines, not in conflict with the purpose and intent of this section, for the purpose of carrying out the responsibilities herein delegated to the Code Enforcement Officer by law. These policies and procedures are subject to review by the Township Manager.
Unless otherwise provided by Law, Statute, or ordinance, any person violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not less than $50 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of Deptford Township or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a minor shall constitute separate violation.
Deptford Township specifically reserves and retains the right to pursue all other legal and equitable remedies in order to fully enforce the provisions of this section as they pertain to the health, safety and welfare of the people of Deptford Township.
If any chapter, section, subsection or paragraph of this ordinance is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and such determination shall not be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this section.
- LAW ENFORCEMENT OFFICER
- Any sworn officer of the Deptford Township Police Department or a Code Enforcement Officer.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling, and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses cigarettes or other tobacco products.
Prohibition of tobacco vending machines and tobacco vending machine sales. It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Deptford.
Removal of tobacco vending machines. All tobacco vending machines made unlawful by the terms of this subsection shall be removed within 30 days from the effective date of this subsection.
Whenever a Law Enforcement Officer reasonably believes there exists a violation of this subsection, such officer may issue a summons and complaint not later than 60 days after discovery of the alleged violation. This complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
A Law Enforcement Officer charged with enforcement of this chapter, after giving proper identification, and if no other warrant is required by law, may inspect any matter, thing, premises, place, person, record vehicle, incident, or event as necessary to enforce the provisions of this subsection.
Citizens may bring complaints against violators of this subsection.
Penalties, court costs. Unless otherwise provided by law, statute, or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 or more than $300 for a first violation and $1,000 for each subsequent offense for each day a machine is determined to be in violation of this subsection.