[HISTORY: Adopted by the Mayor and Council of the Borough
of Middlesex 6-14-2011 by Ord. No. 1800. Amendments noted where
applicable.]
That area of Middlesex County, New Jersey, where, respectively,
lay certain lands owned by the Borough of Middlesex.
All real property situated in Middlesex Borough or adjacent to the Borough, acquired by or under the jurisdiction and care of the Borough, including private roads, drives and rights-of-way, but excluding Middlesex Borough parks and recreation areas as regulated by Chapter 301 of this Code.
All real property situated in Middlesex Borough or adjacent
to the Borough, acquired by or under the jurisdiction and care of
the Middlesex Borough Recreation Commission or which may be hereafter
acquired by it or come under its jurisdiction.
Any natural person, corporation, company, association, joint-stock
association, firm, copartnership or other entity.
Every road or land or driveway not open to the use of the
public in general.
The privilege of the immediate use of the roadway, drive
or path.
Any conveyance, including but not limited to motor vehicles,
trailers, campers, tricycles, bicycles, sleds, sleighs, pushcarts,
boats and power equipment.
In the interpretation of this chapter and all succeeding ordinances,
the provisions shall be construed as follows:
No person shall encroach upon, occupy or use Borough-owned property
without the prior approval of the governing body of the Borough of
Middlesex, which approval shall be authorized by way of resolution.
It shall be unlawful for any person to:
A.
Throw, place or otherwise discharge upon Borough-owned property any
foreign or waste substance or any substance, matter or thing which
may or shall result in the pollution of Borough-owned property.
B.
Store, park, repair or wash any vehicles upon Borough-owned property.
C.
Injure trees, shrubs and grass; or destroy, cut, break, deface, mutilate,
disturb, sever or remove from the ground any plant, flower, growing
thing, stem or branch thereof; or pile debris of any kind against
or upon the same; or attach any rope or cable or other contrivance
thereto; or set fire or assist in setting fire to any of the same
located upon Borough-owned property.
D.
No person shall injure, deface, displace, remove, fill in, raise,
destroy or tamper with any drive, path, walk, bridge or approach thereto;
take up or remove or carry away any asphalt, concrete, flagstone,
rock, stone, gravel, sand, clay or earth or make any excavation of
any kind, name or nature; or harvest, cut, injure or remove any ice;
or injure, deface, displace, remove or destroy any structure, building,
post, railing, bench, seat, platform stand, tree guard, telephone,
pipe or main for conducting gas, water or wires, or any hydrant, sewer,
drain, pipe, main, receiving basin, covering manhole or vent forming
a part thereof, or any appurtenance or appendage connected therewith,
or any property or equipment, real or personal, from or upon Borough-owned
property, or appertaining to the creation, government, use or maintenance
of Borough-owned property; or injure or in any way interfere with
the operation of any machine, instrument or contrivance used in or
upon Borough-owned property; or injure, deface, displace, remove or
destroy any sign, inscription, post or monument erected or marked
for any purpose, or any mile board, milestone, danger sign or signal,
guide sign or post, or any signaling device stanchioned, installed
or placed on Borough-owned property; or interfere with any lamp, lamppost,
gas or electric apparatus, or extinguish the light therein, except
upon proper authority; or attach, string, adjust or carry any wire
or other object in or over any part of said Borough-owned property.
E.
Rubbish and refuse matter. No person shall take into, carry through,
leave in or throw, cast, lay, drop or discharge into or on, or suffer
or permit any servant, agent, employee or person in his charge to
take into, carry through, leave in or throw, cast, lay, drop or discharge
into or on, Borough-owned property any rubbish, refuse, garbage or
other material.
F.
Encroach upon, occupy or use Borough-owned property in such a way
as to give the public the impression of ownership of the land.
A.
Any person violating any provision of this article shall be subject
to a fine not to exceed $1,250 or imprisonment for not more than 90
days, or both.
B.
In addition to the penalties provided in Subsection A above, the Borough, as authorized by N.J.S.A. 40:48-1, and in accordance with N.J.S.A. 40:48-2.12f, shall charge a fee to any individual who refused to remedy any violation of this chapter, after having been duly noticed of said violation, for i) all costs associated with the action required by or on behalf of the Borough to remedy the violation and ii) the storage and/or destruction of any physical property removed from the Borough-owned property by or on behalf of the Borough. Upon certification to the governing body by the appropriate department head as to the actual costs incurred by the Borough to remedy the violation, the fee shall become a lien upon the lands owned by the individual violating this chapter and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands. Such a lien shall bear interest at the same rate as the taxes and shall be collected and enforced by the Tax Collector.
