[Editor's Note: The general power to adopt local police
ordinances of all kinds is contained in N.J.S.A. 40:48-1,2. The power
to impose penalties for violations of ordinances and prescribing maximum
penalties is contained in N.J.S.A. 40:49-5.]
[1973 Code § 4-1.1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein.
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.
Any and all streets, sidewalks, boulevards, alleys, beaches
or other public ways, and any and all public parks, squares, spaces,
docks, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles, solid market and industrial wastes,
dirt, mud, gravel, stone, straw, hay or any other material deposited
by wheels of moving vehicles.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[1973 Code § 4-1.2]
No person shall deposit litter in any manner, or cause or permit litter to accumulate in or upon any private property, lake or stream or other body of water, except in private receptacles authorized by the Borough pursuant to Subsection 15-1.5 or in an official Borough dump if any be provided. Litter placed in authorized private receptacles shall be done in such a manner as to prevent it from being carried or deposited by the elements upon any private or public property.
[1973 Code § 4-1.3]
No person shall deposit litter in any manner or cause or permit
litter to accumulate in any manner upon public property, including
streets, sidewalks, parks or other public places or public bodies
of water within the Borough except in public receptacles. All persons
placing litter in public receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any private or public property.
[1973 Code § 4-1.4]
No property owner, his agent, servant or employee, shall deposit
litter in any manner or cause or permit litter to accumulate in or
upon the sidewalk adjoining premises owned, except in receptacles
authorized and in a manner authorized by the provisions of Chapter
XV herein.
[1973 Code § 4-1.5]
Owners or agents, servants, employees or tenants of owners of
nonresidential premises, in addition to other duties imposed upon
such persons by this chapter, shall be personally responsible for
maintaining all areas open to the public free from litter. The owners
or tenants of premises open to the public shall provide receptacles
for the placement of litter by the members of the public in suitable
locations upon the premises. The specification for receptacles shall
be in accordance with Section 15-5 of this revision. The owner and/or
tenant shall be required to empty the receptacle in an appropriate
manner as frequently as necessary to prevent its contents from being
deposited on any public or private property.
[1973 Code § 4-1.6]
No person shall throw or drop any bundle, object, article or
debris of any nature from a vehicle whether in motion or not when
such vehicles is on any public property.
[1973 Code § 4-1.7]
No person shall bring, cart, remove, transport or collect any
litter from outside this municipality or into this municipality for
the purpose of dumping or disposing thereof, unless authorized by
the Borough. No truck or other vehicle containing litter which has
been transported into the Borough shall be parked or allowed to remain
standing on any street in the Borough or any public property for a
period in excess of two (2) hours.
[1973 Code § 4-1.8]
a.
Littering. No person shall strew about or cause to be strewn about
in or upon any sidewalk, gutter, street, or public place, any newspaper,
paper periodical, book, magazine, circular, card or pamphlet within
the Borough.
b.
Vacant or Uninhabited Premises. No person shall throw, place, deposit
or distribute any advertisements, handbills, circulars, or newspapers
on any premises which are temporarily or continuously uninhabited
or vacant or where previously distributed matter on behalf of the
same distributor remains.
c.
Posted Premises. No person shall throw, place, deposit or distribute
advertisements, handbills, circulars, or newspapers on any premises:
d.
Distribution of Material. No person shall throw, place, or distribute
any advertisements, handbills, circulars, or newspapers in or upon
any premises, which are inhabited, except by handling or transmitting
any material directly to the owner, occupant, or other person then
present in or upon the premises. Provided that in case of inhabited
premises which are not posted, as provided in this subsection, the
person unless requested by anyone upon the premises not to do so,
may place or deposit any material in or upon inhabited premises if
material is so placed or deposited as to secure or to prevent it from
being blown or drifted about the premises or sidewalks, streets, or
public place, and except that mailboxes may not be used when so prohibited
by Federal postal law or regulations.
e.
Exemption for Mail and Newspapers. The provisions of this subsection
shall not apply to the distribution of mail by the United States nor
to newspapers or magazines delivered to subscribers, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place or upon private property.
[1973 Code § 4-2.1; Ord. No. 6-2003]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others within the Borough.
a.
Exemption for Snow Emergencies. In the event that a snow emergency
is declared by the Mayor, the provisions of this subsection shall
not apply to devices and/or vehicles, including but not limited to
snow blowers, snow plows or other motor vehicles or plows, used for
the purpose of snow removal.
b.
Exemption for Other Emergencies. In the event that an emergency is
declared by the Mayor that impacts the public health, safety or welfare
of the Borough or in the event that an emergency condition exists,
the provisions of this subsection shall not apply for the purposes
of resolving said public health or safety emergency.
[1973 Code § 4-2.2; Ord. No. 22-99 § 1; Ord. No. 30-99 § 1; Ord. No. 3-2014; amended 12-20-2021 by Ord. No. 34-2021]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this section, but this enumeration
shall not be deemed to be exclusive:
a.
Horns, Signaling Devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Borough, except as a danger warning; the creation by
means of any signaling device of any unreasonably loud or harsh sound;
the sounding of any device for an unnecessary and unreasonable period
of time; the use of any signaling device except one operated by hand
or electricity; the use of any horn, whistle or other device operated
by engine exhaust; and the use of any such signaling device when traffic
is for any reason held up.
b.
Radios, Phonographs. The using, operating or permitting to be played,
used or operated any radio receiving set, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing for the person who is in the room, vehicle or chamber
in which the machine or device is operated and who is voluntarily
a listener thereto. The operation of any set, instrument, phonograph,
machine or device between the hours of 11:00 p.m. and 7:00 a.m. in
such a manner as to be plainly audible at a distance of fifty (50)
feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
c.
Loudspeakers or Amplifiers for Advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
d.
Yelling, Shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any person in the vicinity.
e.
Animals, Birds. The keeping of any animal or bird which, by causing
frequent or long continued noise, shall disturb the comfort or repose
of any persons in the vicinity.
f.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle, except through a muffler or other vehicle which will effectively
prevent loud or explosive noises therefrom.
g.
Defect in Vehicle or Load. The use of any automobile, motorcycle
or other vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other
noise.
h.
Loading, Unloading or Opening Boxes. The creation of a loud and excessive
noise in connection with loading or unloading of freight or the opening
and destruction of bales, boxes, crates and containers.
i.
Construction, Repairing of Buildings or Tree Removal. The erection
(including excavating) demolition, alteration or repair of any building,
other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays
is prohibited; provided, however, that in case of urgent necessity
in the interest of public health and safety, and then only with a
permit from the Construction Official, which permit may be granted
for a period not to exceed three (3) days or less while the emergency
continues and which permit may be renewed for periods of three (3)
days or less while the emergency continues. Such work may be permitted
during the hours of 6:00 a.m. and 8:00 a.m. on weekdays and on weekends
during hours which are specified on the permit. Upon application being
made at the time the permit for work is awarded or during the progress
of the work, if the Construction Official should determine that the
public health and safety will not be impaired by the erection, demolition,
alteration or repair of any building or the excavation of streets
and highways during the hours of 6:00 p.m. and 8:00 a.m. on weekdays
or on weekends, and if he shall further determine that loss or inconvenience
would result to any party in interest, he may grant permission for
the work to be done within the hours of 6:00 p.m. and 8:00 a.m. on
weekdays or on weekend. Notwithstanding the foregoing, this paragraph
is not intended to cover minor repair work such as painting, replacement
of plumbing fixtures, minor electrical work, etc. which does not in
any way create noise beyond the property boundary or in the case of
the attached commercial or residential units, beyond the walls of
such unit.
Editor's Note: This paragraph generally prohibits construction
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and prohibits
construction during all hours on Saturday and Sunday unless a special
permit is obtained from the Construction Official. See also Chapter
X, Building and Housing.
j.
Schools, Courts, Churches, Hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while they are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of the institution,
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed in the streets indicating that the
same is a school, hospital or court street.
k.
Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
l.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
m.
Metal Rails, Pillars and Columns, Transportation Thereof. The transportation
of rails, pillars or columns of iron, steel or other material over
and along streets and other public places upon carts, drays, cars,
trucks or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of streets or other public places.
n.
Refrigeration and Air Conditioning Equipment. The use or operation
of refrigeration or air conditioning equipment which causes loud noises
as to disturb the health and safety of the neighborhood.
o.
Pile Drivers, Hammers. The operation between the hours of 10:00 p.m.
and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electrical hoist or other appliance, the use of
which is attended by loud or unusual noise.
p.
Blowers. The operation of any noise creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from the blower or fan is muffled and the engine is equipped with
a muffler device sufficient to deaden the noise.
q.
Motor Vehicles. The use of a motor vehicle for recreational purposes
on private property in such a manner as to disturb the peace, quiet,
and comfort of the neighboring inhabitants. A motor vehicle shall
be defined, for purposes of this section, as any vehicle propelled
otherwise than by muscular power and shall include, but not be limited
to, automobiles, motorcycles, motorized bicycles, mini-bikes and other
similar vehicles. A vehicle is defined as any device in, upon or by
which a person or property is or may be transported, except by muscular
power, whether or not the device is designed or capable of operating
or being used upon a public highway or road.
r.
Landscaping
and Yard Maintenance Equipment The operation of any noise-creating
landscaping equipment, including, but not limited to leaf blowers,
lawn mowers, weed whackers, hedge trimmers, etc., other than between
the hours of 8:00 a.m. and 7:00 p.m. on weekdays, and between 9:00
a.m. and 6:00 p.m. on weekends. All motorized equipment used shall
be operated with a muffler.
[Added 12-20-2021 by Ord. No. 34-2021]
Editor's Note: See also Chapter XV, Solid Waste Management
[1973 Code § 4-3.1]
No person shall burn or cause to be burned any leaves, grass,
waste paper or other combustible refuse material within the Borough.
No stumps, trees, brush or other debris may be burned.
[Ord. No. 2-2010 § I]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Roseland and/or the waters of the State so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2-2010 § II]
For the purpose of this section the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Roseland or other public body, and is
designed and used for collecting and conveying stormwater.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2-2010 § III]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Borough of Roseland.
[Ord. No. 2-2010 § IV]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g. furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 2-2010 § V]
This section shall be enforced by the Roseland Police Department
and/or other municipal officials so designated by the Mayor and Council
of the Borough of Roseland.
[Ord. No. 2-2010 § VI]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed two thousand
($2,000.00) dollars.
[1973 Code § 4-7.1]
As used in this section:
shall mean remaining idle in essentially one (1) location
and shall include the concepts of spending time idly, loafing or walking
about aimlessly.
shall mean and include any adult person having care or custody
of a minor, whether by person of blood relationship, the order of
any court or otherwise.
shall mean any place to which the public has access and shall
include any street, highway, roads, alley, or sidewalk. It shall also
include the front or the neighborhood of any store, shop, restaurant,
tavern or other place of business, and public grounds, areas, parks,
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section, or in the case of a minor, not owned or under the control
of his parent or guardian.
[1973 Code § 4-7.2]
No person shall loiter in a public place in such manner as to:
a.
Clearly cause an immediate, actual, physical, violent reaction from
any person, which violent reaction will cause a threat to the peace
and order of the public.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest, or interfere with any person lawfully in any public place as defined in subsection 3-6.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made, to such an extent as to cause such person to react immediately in such a way as to threaten by physical violence the peace and order of the public.
[1973 Code § 4-7.3]
Whenever any Police Officer determines that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-6.2, he may, for the preservation of the public peace and safety, order that person or group of persons to leave the place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1973 Code § 4-7.4]
No parent or guardian of a minor under the age of eighteen (18)
years shall knowingly permit that minor to loiter in violation of
this section.
[1973 Code § 4-7.5]
Whenever any minor under the age of eighteen (18) years is charged
with a violation of this section, his parent or guardian shall be
notified of this fact by the Chief of Police or other person designated
to give such notice.
[1973 Code § 4-7.6]
If at any time within thirty (30) days following the giving of notice as provided in subsection 3-6.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1973 Code § 4-8.1]
No person shall operate a motor vehicle upon or across any property
owned by the Borough. For purposes of this section, a motor vehicle
shall be defined as any vehicle propelled otherwise than by muscular
power and shall include but not be limited to automobiles, motorcycles,
motorized bicycles, mini-bikes and other similar vehicles. A vehicle
shall be defined as any device in, upon or by which a person or property
is or may be transported, except by muscular power, whether or not
the device is designed or capable of operating or being used upon
a public highway or road. This subsection shall not apply to the operation
of a motorized bicycle as defined by N.J.S.A. 39:1-1, on any public
road or highway within the Borough.
Any Borough Police Officer shall be authorized to remove any
motor vehicle, as defined herein, from property owned by the Borough
to a storage space or garage. The motor vehicle shall be stored until
the owner thereof has claimed the motor vehicle and made satisfactory
provisions for transporting such vehicle to private property. The
expense involved in such removal, storage and transfer shall be borne
by the owner of the motor vehicle.
[1973 Code § 4-8.2]
No person shall operate a motor vehicle upon or across any private
property in the Borough without the permission of the owner thereof.
For purposes of this section, a motor vehicle shall be defined as
any vehicle propelled otherwise than by muscular power and shall include
but not be limited to automobiles, motorcycles, motorized bicycles,
mini-bikes and other similar vehicles. A vehicle shall be defined
as any device in, upon or by which a person or property is or may
be transported, except by muscular power, whether or not the device
is designed or capable of operating or being used upon a public highway
or road.
When a motor vehicle, as herein defined, is operated upon or
across private property, it shall be presumed that the operation is
without the permission of the owner if:
a.
The operator does not reside at the property upon or across which
the motor vehicle was operated.
b.
The operation of the motor vehicle was not upon any road, path or
driveway on the private property.
c.
The operation of the motor vehicle was upon any improved or cultivated
land, lawn or any flower, shrub or vegetable bed.
[Added 8-14-2018 by Ord.
No. 11-2018]
The purpose of this section is to protect the privacy and security
of Borough residents and school facilities and children from the operation
of unmanned aircraft systems (UAS) on public property.
For the purpose of this section the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The term "drone" shall have the same meaning as "unmanned
aircraft system (UAS)."
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
an unmanned aircraft and associated elements (including communication
links and the components that control the unmanned aircraft) that
are required for the pilot in command to operate safely and efficiently
in the national airspace system.
In addition to federal or state regulations limiting the operation
of unmanned aircraft systems (UAS), the flying of any unmanned aircraft
system, drones, or rockets by any person upon or across any property
owned by the Borough, or within 500 feet of any public or private
school, nursery school, or child-care facility is prohibited.
a.
This section shall be enforced by the Roseland Police Department
and/or other municipal officials so designated by the Mayor and Council
of the Borough of Roseland.
b.
Any Borough Police Officer shall be authorized to remove any unmanned
aircraft system (UAS), as defined herein, from property owned by the
Borough to a storage space or garage. The unmanned aircraft system
(UAS) shall be stored until the owner thereof has claimed the unmanned
aircraft system (UAS), and made satisfactory provisions for transporting
such unmanned aircraft system (UAS) to private property. The expense
involved in such removal, storage and transfer shall be borne by the
owner of the unmanned aircraft system (UAS).
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $2,000.
[1973 Code § 4-10]
Games of chance, authorized and as defined pursuant to N.J.S.A.
5:8-50 and more particularly known as "raffles," shall be and are
hereby permitted to be conducted under any license issued under the
aforesaid Statute by the Borough of Roseland, on the first day of
each week, commonly known and designated as Sunday, pursuant to N.J.S.A.
4:8-58.
Any license issued pursuant to this section shall specifically
provide that the game of chance is permitted to be conducted on the
first day of the week, commonly known and designated as Sunday.
[1973 Code § 4-13; Ord. No. 27-99]
a.
Map Adopted. In accordance with and pursuant to the authority of
N.J.S.A. 2C:35-7, the Drug-Free School Zone Map, produced on or about
10/6/99 by Ralph Tango, Jr., PE, PP, Senior Vice President, Schoor
DePalma, is hereby approved and adopted as an official finding and
record of the location and areas within the municipality, of property
which is used for school educational purposes and which is owned by
or leased to any elementary or secondary school or school board, and
of the areas on or within one thousand (1,000) feet of the outermost
perimeter of such property.
b.
Official Findings. The Drug-Free School Zone Map, approved and adopted
pursuant to paragraph a. above shall continue to constitute an official
finding and record as to the location and boundaries of the areas
on or within one thousand (1,000) feet of property owned by or leased
to any elementary or secondary school or school board which is used
for school educational purposes, until such time that this subsection
shall be amended to reflect any additions or deletions with respect
to the location and boundaries of school property and thereby the
Drug-Free School Zone pertaining to that particular property. In the
event that it is necessary to amend the Drug-Free School Zone Map
to reflect any changes to the location and boundaries of school property,
the amended map along with an amendment to this subsection shall be
presented to the Council for approval and adoption as set forth in
paragraph a. of this subsection.
c.
Notification of Changes in Location and Boundaries. The Municipal
Board of Education in the case of a public school, or the Chief Administrative
Officer in the case of a private or parochial school, is hereby directed
and shall have the continuing obligation to promptly notify both the
person(s) responsible for producing the Drug-Free School Zone Map,
as set forth in paragraph a. above, and the Corporation Counsel; of
any changes or contemplated changes in the location and boundaries
of any property owned by or leased to any elementary or secondary
school or school board which is used for school educational purposes.
d.
Copies of Map on File. The Borough Clerk is hereby directed to receive
and to keep on file the original of the Drug-Free School Zone Map
as approved and adopted pursuant to paragraph a. above, and as amended,
approved and adopted pursuant to paragraph b. above. Additionally,
the Municipal Clerk is hereby directed to provide at a reasonable
cost, a certified copy thereof together with a copy of this subsection
to any person, agency or court who may request such copy; except,
that the Borough Clerk shall provide, without cost, such copies as
are requested by the County Clerk and the Essex County Prosecutor.
e.
Map as Evidence. The following additional matters are hereby determined,
declared, recited and stated:
1.
It is understood that the map approved and adopted pursuant to paragraph
a. above was prepared and intended to be used as evidence in prosecutions
arising under the criminal laws of this State and that pursuant to
the State law, such map shall constitute prima facie evidence of the
following:
(a)
The location of elementary and secondary schools within the
municipality.
(b)
The boundaries of the real property which is owned by or leased
to such schools or a school board, as set forth in the attached list
which is incorporated into this subsection as if set forth in full.
(c)
That such school property is and continues to be used for school
educational purposes.
(d)
The location and boundaries of areas which are on or within
one thousand (1,000) feet of such school property.
2.
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
the use of a map or diagram other than the map approved and adopted
pursuant to paragraph a. above. The failure of the approved and adopted
map to depict the location and boundaries of any property which is,
in fact, used for school educational purposes and which is owned by
or leased to any elementary or secondary school or school board, for
whatever reason, 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 educational
purposes.
[Ord. No. 27-99]
a.
Map Adopted. In accordance with and pursuant to the authority of
N.J.S.A. 2C:35-7.1, the Drug-Free Public Facility Zone Map, produced
on or about 10/6/99 by Ralph Tango, Jr., PE, PP, Senior Vice President,
Schoor, DePalma is hereby approved and adopted as an official finding
and record of the location and areas within the municipality, of property
which is used as: a public housing facility, owned by or leased to
a local housing authority; a public park, owned or controlled by a
State, County or local government unit; or a public building consisting
of a publicly owned or leased library or museum; and of the areas
on or within five hundred (500) feet of the outermost perimeter of
such property.
b.
Official Findings. The Drug-Free Public Facility Zone Map, approved
and adopted pursuant to paragraph a. above shall continue to constitute
an official finding and record as to the location and boundaries of
the areas on or within five hundred (500) feet of property which is
used as a public building until such time that this subsection shall
be amended to reflect any additions or deletions with respect to the
location and boundaries of such property and thereby the Drug-Free
Public Facility Zone pertaining to that particular property. In the
event that it is necessary to amend the Drug-Free Public Facility
Zone Map to reflect any changes to the location and boundaries of
such property, the amended map along with an amendment to this subsection
shall be presented to the Council for approval and adoption as set
forth in paragraph a. above.
c.
Notification of Changes in Location and Boundaries. The local housing
authority in the case of a public housing facility, the local Parks
Department in the case of a public park, and the Police Department
in the case of a public building; is hereby directed and shall have
the continuing obligation to promptly notify both the person(s) responsible
for producing the Drug-Free Public Facility Map, as set forth in paragraph
a. above, and the Corporation Counsel; of any changes or contemplated
changes in the location and boundaries of any such property.
d.
Copies of Map on File. The Borough Clerk is hereby directed to receive
and to keep on file the original of the Drug-Free Public Facility
Zone Map as approved and adopted pursuant to paragraph a above and
as amended, approved and adopted pursuant to paragraph b above. Additionally,
the Municipal Clerk is hereby directed to provide at a reasonable
cost a certified copy thereof together with a copy of this subsection
to any person, agency or court who may request such copy; except that
the Borough Clerk shall provide, without cost, such copies as are
requested by the County Clerk and the Essex County Prosecutor.
e.
Map as Evidence. The following additional matters are hereby determined,
declared, recited and stated:
1.
It is understood that the map approved and adopted pursuant to paragraph
a above was prepared and intended to be used as evidence in prosecutions
arising under the criminal laws of this state and that, pursuant to
state law, such map shall constitute prima facie evidence of the following:
(a)
The location of public housing facilities, public parks and
public buildings within the municipality.
(b)
The boundaries of the real property of each such facility or
location, which is owned by, leased to or controlled by the public
as set forth in paragraph a above; and as set forth in the attached
list which is incorporated into this subsection as if set forth in
full.
(c)
That such property is and continues to be used for such designated
purposes.
(d)
The location and boundaries of areas which are on or within
500 feet of such property.
2.
Pursuant to the provisions of N.J.S.A. 2C:35-7.1, 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 the use of a map or diagram other than the map
approved and adopted pursuant to this subsection. The failure of the
approved and adopted map to depict the location and boundaries of
any property which is, in fact, used as a public housing facility,
a public park or a public building and which is owned by, leased to
or controlled by the public as set forth in paragraph a above, for
whatever reason, shall not be deemed to be an official finding and
record that such property is not owned by, leased to or controlled
by the public, or that such property is not used for such stated purposes.
[Ord. No. 11-2000; Ord. No. 25-2000; amended 9-17-2019 by Ord. No. 26-2019]
It is the intent of the Borough in enacting this section that
it shall coexist with state statute, N.J.S.A. 2C:39-5, which pertains
to the possession of firearms, and shall not supersede it. The municipal
penalties set forth below are separate and apart from any penalties
which may be imposed pursuant to state, statute.
Subject to the exemptions set forth in Subsection 3-13.5 below, any person who knowingly has in his possession and/or distributes or dispenses any firearm, as defined by N.J.S.A. 2C:39-1, in or upon any part of the Weapons and Firearms Awareness Zones within the Borough, which are enumerated in Subsection 3-13.4 below, without the written authorization of the Borough Police Department, shall be subject to the penalties outlined in Subsection 3-13.8 below, separate and apart from the penalties which may be imposed pursuant to the statute, irrespective of whether such person possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.
Subject to the exemptions set forth in Subsection 3-13.5 below, any person who knowingly has in his possession, and/or distributes or dispenses any weapon enumerated in Paragraphs (3) and (4) of Subsection r of N.J.S.A. 2C:39-1, or any components which can be readily assembled into a firearm or other weapon, enumerated in Subsection r of N.J.S.A. 2C:39-1, or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, or any ammunition of any kind, while in or upon any part of the Weapons and Firearms Awareness Zones, without the written authorization of the Borough Police Department, shall be subject to the penalties outlined in Subsection 3-13.8 below.
a.
The following areas, which shall not exceed the boundaries of the
Borough, are hereby declared Weapon and Firearms Awareness Zones:
all areas in, around or upon any part of the buildings, grounds and/or
vicinity of:
The following parties, provided that they are lawfully authorized to carry weapons and/or firearms under the particular circumstances and appropriate under such circumstances, shall be exempted from the requirements of this section, including, but not limited to, the requirements of Subsections 3-13.2 and 3-13.3 above:
a.
A regularly employed member, including a detective, of the Borough
Police Department; and
b.
All of the parties referred to in N.J.S.A. 2C:39-6 as being exempt
from any section of N.J.S.A. 2C:39-6, without regard to any language
prefacing such exemptions which may limit the application of those
exemptions to certain subsections of N.J.S.A. 2C:39-5, which exemptions
shall include, but shall not be limited to, the following:
1.
A person keeping or carrying about his place of business, residence,
premises or other land owned or possessed by him, any firearm, or
carrying the same, in the manner specified in N.J.S.A. 2C:39-6(g),
from any place of purchase to his residence or place of business,
between his dwelling and his place of business, between one place
of business or residence and another when moving, or between his dwelling
or place of business and place where such firearms are repaired, for
the purpose of repair. For the purposes of this section, a "place
of business" shall be deemed to be a fixed location. [N.J.S.A. 2C:39-6(e)]
2.
A member of any rifle or pistol club organized in accordance with
the rules prescribed by the National Board for the Promotion of Rifle
Practice, in going to or from a place of target practice, carrying
such firearms as are necessary for said target practice, provided
that the club has otherwise complied with the requirements of N.J.S.A.
2C:39-6(f)(1).
3.
A person carrying a firearm or knife in the woods or fields or upon
the waters of this state for the purpose of hunting, target practice
or fishing, provided that the firearm or knife is legal and appropriate
for hunting or fishing purposes in this state and he has in his possession
a valid hunting license, or, with respect to fresh water fishing,
a valid fishing license. [N.J.S.A. 2C:39-6(f)(2)]
4.
A person transporting any firearm or knife while traveling, as set
forth in N.J.S.A. 2C:39-6(f)(3), which includes, but is not limited
to, travel:
(a)
Directly to or from any place for the purpose of hunting or
fishing, provided the person has in his possession a valid hunting
or fishing license;
(b)
Directly to or from any target range, or other authorized place
for the purpose of practice, match, target, trap or skeet shooting
exhibitions, provided that during the course of the travel all firearms
are carried in the manner specified in N.J.S.A. 2C:39-6(f)(3); and
(c)
In the case of a firearm, directly to or from any exhibition
or display of firearms which is sponsored by any law enforcement agency,
any rifle or pistol club, or any firearms collectors club, for the
purpose of displaying the firearms to the public or to the members
of the organization or club, subject to the requirements of N.J.S.A.
2C:39-6(f)(3).
5.
N.J.S.A. 2C:39-6(g) setting certain requirements for the transportation
of weapons by certain exempt parties shall apply to this section as
set forth therein, and the provisions of N.J.S.A. 2C:39-6(h) - (k)
shall also apply to this section.
No person shall fire, set off or discharge within the limits
of the Borough of Roseland any revolver, pistol, gun, rifle, shotgun
or firearm of any kind using cartridges, gunpower or other explosive
substances for ammunition, provided that nothing contained herein
shall be construed to extend to law enforcement officers, to military
maneuvers or to target practice upon a firing range approved by the
Chief of Police, to the holders of a special license or permit under
a state law authorizing the destruction of vermin or animals, to a
deer management program approved by the governing body, or to persons
actually engaged in the preservation or defense of life, person or
property as authorized in the New Jersey Criminal Code.
No person shall, at any time, hunt for, pursue, shoot at, kill,
capture, injure or destroy any wild bird, animal or fowl within the
Borough of Roseland with a gun or any firearm of any kind or character,
with an air rifle, pistol or spring gun of any kind or character,
or with any bow and arrow, except in connection with a deer management
program approved by the governing body.
b.
Any person convicted of violating this section within one year of the date of a previous violation of this section, and who was fined for the previous violation, shall be considered a repeat offender and shall be subject to each penalty prescribed in Subsection a above and to an additional fine not less than the minimum but not to exceed the maximum fine imposed in Subsection a above.
c.
A person convicted of a violation of this section, and in default
of any fine imposed therefor, may, in the discretion of the Municipal
Court, be imprisoned for any term not exceeding 90 days or be required
to perform community service for a period not exceeding 90 days.
[1973 Code § 4-15.1; New]
Pursuant to N.J.S.A. 39:4-10.5 et seq., a person under 18 years
of age shall not ride upon in-line skates, roller blades, roller skates,
skateboards, scooters or similar devices unless that person is wearing
a properly fitted and fastened helmet which meets the standards of
the American National Standards Institute (ANSI Z 90.4 bicycle helmet
standard) or the Snell Memorial Foundation's 1984 Standard for Protective
Head Gear for Use in Bicycling, or a helmet which is designed specifically
for use with a particular device being used.
[1973 Code § 14-15.2; New]
A person who violates a requirement of this section shall be
warned of the violation by the enforcing official. The parent or legal
guardian of that person also may be fined a maximum of $25 for the
person's first offense and a maximum of $100 for subsequent offenses
if it can be shown that the parent or guardian failed to exercise
reasonable supervision or control over the person's conduct. Penalties
provided in this section for failure to wear a helmet may be waived
if an offender or his parent or legal guardian presents suitable proof
that an approved helmet was owned at the time of the violation or
has been purchased since the violation occurred.
[1973 Code § 4-11; Ord. No. 8-2008 § 1]
No retail establishment of any nature, other than retail establishments
operated pursuant to and in connection with an alcoholic beverage
license issued by the Borough, shall be permitted to remain open or
conduct business between the hours of 11:00 p.m. and 5:30 a.m. of
the next day within the Borough.
[Ord. No. 1-2005]
All acts constituting lewd, immoral or indecent conduct, unlawful
destruction of property, willful injuries to or unlawful interference
with persons, hazards to the public health or breaches or disturbances
of the peace and not expressly mentioned in this section are severally
prohibited.
