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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
[Prior ordinance history includes portions of Ordinance No. 88-5 and 06-08]
[Ord. No. 12-16 § 1]
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
a. 
Litter shall mean any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other law or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
[Ord. No. 12-16 § 2]
Litter receptacles and their servicing are required at the following public places which exist in the municipality, including sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum 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; all street vendor locations; self-service islands; shopping centers; parking lots; campgrounds and trailer parks; 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.
a. 
Litter receptacle shall mean a container suitable for the depositing of litter.
[Ord. No. 12-16 § 3]
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. No. 12-16 § 4]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. No. 12-16 § 5]
It shall be unlawful for any residential property owner to store or permit storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. No. 12-16 § 6]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Ord. No. 12-16 § 7]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots, driveways, and residential lawns except in a fully enclosed structure, any motor vehicle, trailer or semi-trailer, and/or bus/busses, which is/are not capable of being used or operated, or is (a) missing tires, wheels, engine, or any essential parts; or (b) which displays extensive body damage or deterioration; or (c) which does not display a current valid state license; or (d) which is wrecked, disassembled or partially disassembled.
[Ord. No. 12-16 § 8]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs thereof.
[Ord. No. 12-16 § 9]
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or after completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. 12-16 § 10]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[Ord. No. 12-16 § 11]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All sweepings shall be collected and properly containerized for disposal.
[Ord. No. 12-16 § 12]
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine of one hundred ($100) dollars for each violation. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense, and a summons need not be signed for each day of the continuing violation.
[1972 Code § 6-11]
No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling, house or other buildings, or into any vehicle while on the public highways or on private property within the municipality, or affix the same to any building, fence, tree, post, telegraph pole, pump, hydrant or street lamp, except that this section shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided they are securely placed at each dwelling so as not to be blown away by the wind.
[1972 Code § 6-12]
No person shall place, erect or paint any signs, notices or circulars on any billboards, either on public or private property, within the Borough limits except upon application to and permission being granted by the Council.
[Ord. No. 88-5 § IV]
It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential, except in a fully enclosed structure or during days designated for the collection of bulky items.
[Ord. No. 88-5 § V]
It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires.
[Ord. No. 88-5 § VI]
Editor's Note: For additional regulations concerning the parking of vehicles on front yards, see Chapter XVIII, Property Maintenance, Subsection 18-7.2.
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Ord. No. 88-5 § VIII]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots, and residential lawns except in a fully enclosed structure, any motor vehicle, trailer or semitrailer which is (a) missing tires, wheels, engine, or any essential parts; or (b) which displays extensive body damage or deterioration; or (c) which does not display a current, valid State license and registration; or (d) which is wrecked, disassembled or partially disassembled.
[Ord. No. 88-5 § VIII]
It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any highway unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs thereof.
[1972 Code § 6-13.1; Ord. No. 09-13]
As used in this section:
TRAILER OR CAMP CAR
shall mean any vehicle, whether self-propelled or otherwise, used or intended as a conveyance upon the public streets or highways, so designed, constructed, reconstructed or added to as to permit occupancy as a dwelling or sleeping place or as a portable office for one (1) or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by the trailer or camp car. Also included in this section are utility trailers sixteen feet six (16'— 6") inches or greater in length.
[1972 Code § 6-13.2; Ord. No. 09-13]
It shall be unlawful for any person to park any trailer or camp car as defined in Subsection 5-8.1 on any street in the Borough of Woodland Park.
[1972 Code § 6-13.3]
No person shall park a trailer or camp car on any premises within the limits of the Borough except for the purpose of repair, storage or sale, provided such keeping does not violate the Zoning Ordinance and provided it is not used by any person as a dwelling or sleeping place.
[Ord. No. 07-12 § 90; Ord. No. 08-05 § 90; Ord. No. 14-1]
a. 
As used in this section:
COMMERCIAL VEHICLE DEFINED
shall mean any commercially licensed vehicle.
OVERNIGHT PARKING
shall mean the parking of commercial vehicles and oversized commercial vehicles on any streets in the Borough of Woodland Park between the hours of 7:00 p.m. and 6:00 a.m.
OVERSIZED COMMERCIAL VEHICLE
shall mean: (1) any commercially licensed vehicle with a gross vehicle weight in excess of six (6) tons; or (2) any commercially licensed vehicle which is higher than 10'-0" in height; or (3) any commercially licensed vehicle which is longer than 22' in length, including equipment and accessories.
b. 
Sticker Registration Requirements for All Commercial Vehicles. All commercial vehicles under this section shall be required to obtain from the Borough a sticker to be affixed to the vehicle and displayed at all times. The sticker will include the license plate number of the vehicle and specify whether the vehicle's category is commercial, oversized commercial or landscaping. The applicable fee schedule for the issuance of such permits shall be as follows:
Vehicles exceeding 4 tons - $25;
Vehicles less than 4 tons - No charge.
[Ord. No. 07-12 § 90-1; Ord. No. 08-05 § 90-1; Ord. No. 14-1]
a. 
Parking—Generally Permissible in Residential Zones A, B, C, D, and All Non-Residential Zones.
Overnight Parking on any street in Residential Zones "A," "B," "C," "D," and all Non-Residential Zones, as defined by the Borough's Zoning Ordinances and Zoning Map, is hereby limited by the following subsections:
1. 
Vehicles with a gross weight of six (6) tons or less, 10'-0" or less in height and 22' or less in length.
2. 
Any commercially registered vehicle which is parked overnight in Residential Zones "A," "B," "C," "D," shall be required to obtain from the Borough of Woodland Park, a sticker to be affixed to the vehicle and displayed at all times. There is no fee associated with the issuance of said stickers.
3. 
Commercial vehicles must be registered with the Borough to a specific Dwelling Unit within the Borough.
4. 
Only one commercial vehicle per dwelling unit may be registered.
b. 
Parking — Overnight Parking of "Oversized Commercial Vehicles" as defined in Subsection 5-9.1.
No person shall park an Oversized Commercial Vehicle, as defined in Subsection 5-9.1 of this section, on any street in the Borough between the hours of 7:00 p.m. and 6 a.m. on any day.
[Ord. No. 07-12 § 91-1; Ord. No. 08-05 § 91-1; Ord. No. 14-1]
a. 
Parking Area Limitations for All Zones with the Exception of "Industrial" — Size and Parking:
1. 
Size — A driveway located within these residential zones shall be limited in size to the lesser of 50% of the lot width or 30 feet wide or a maximum of 20% of lot impervious coverage.
2. 
Parking on Driveway Required for Motor Vehicle — The parking of a motor vehicle within any of these zones is prohibited unless the vehicle is parked on the driveway. (This section does not prevent a motor vehicle from parking on the street).
b. 
Commercial Vehicle Limitations — Oversized Commercial Vehicles as described in Subsection 5-9.1 of this section are prohibited.
[Ord. No. 07-12; Ord. No. 08-05; Ord. No. 14-1]
a. 
Any motor vehicle operator who violates the provisions of Subsections 5-9.2 or 5-9.3 will be fined $100 per day/per offence.
b. 
If any motor vehicle operator is found to have violated this section and refuses to pay same, their driving privileges may be suspended by a Court of competent jurisdiction.
[Ord. No. 07-12; Ord. No. 08-05; Ord. No. 14-1]
A resident may obtain a temporary pass to bypass the provisions of this section in cases of emergent circumstances. Under this section, an "emergent circumstance" will be defined as any situation where a person needs to park a vehicle described herein in an unauthorized area due to a medical or public safety emergency. This pass may be obtained from the Woodland Park Police Department.
[Ord. No. 14-1]
Any commercial vehicle parked in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any Police Officer shall provide for the removal of that vehicle. The owner of the vehicle shall bear the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
[Ord. No. 82-10 § I]
As used in this section:
MOTOR VEHICLE
shall mean as defined in accordance with the definition set forth in Title 39 of the New Jersey Statutes.
REPAIRS
shall mean work performed or to be performed upon any vehicle, including and not limited to motors, ignition systems, transmissions, drive or electrical system or body or fender work.
[Ord. No. 82-10 § II]
No motor vehicle of any type whatsoever shall be repaired on any public streets or public highways located within the Borough, except for emergency repairs which emergency repair work will be limited solely to that required in order to remove any such vehicle from the public street or highway.
[Ord. No. 82-10 § III]
This section shall apply with full force and effect as to any person permitting or performing repairs, whether they are the owner of the vehicle, or a person or persons having custody of the vehicle, or any person or persons performing the repairs.
[Ord. No. 82-9 § I; Ord. No. 88-2 § I]
The Police Department is hereby authorized to remove a motor vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department or otherwise maintained by this Borough, under the circumstances hereinafter enumerated:
a. 
When any vehicle is left unattended upon any bridge, viaduct, or causeway or tunnel where such vehicle constitutes an obstruction to traffic.
b. 
When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody or removal.
c. 
When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the owner or person in charge of such vehicle willfully neglects or refuses to move the vehicle to a place where it shall not obstruct traffic.
d. 
When any vehicle is left unattended on a street or public highway and is parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
e. 
When any vehicle is parked without identification markers as provided by the laws of the State of New Jersey.
f. 
For any other cause set forth in Title 39 of the New Jersey Statutes.
[Ord. No. 82-9 § II; New]
Immediately after a vehicle is so removed, the Chief of Police or such member acting for him shall notify the registered and legal owner in writing, mailed to the last known address of the owner, of the removal of such vehicle and the reason for the same and the location of the vehicle.
Such vehicle shall be retained and impounded until the person owning such vehicle shall pay the cost of taking and removal together with the garage charge for storage for each and every day such vehicle is retained and impounded.
In the event the vehicle remains unclaimed by the owner or a person having the legal right thereto for a period of thirty (30) days, it may be sold by the Borough at auction in a public place pursuant to N.J.S.A. 39:10A-1.
Any person or corporation abandoning a vehicle on a public highway or street may be charged with this specific violation and, upon conviction thereof, shall be liable to the penalty stated in Chapter I, Section 1-5.
A proceeding in the Municipal Court under this section shall not prevent the institution of prosecuting further violations of law against the owner or person in charge of such an impounded vehicle.
Fees for towing and other related services shall be set forth and contained in the annual bid and contract for "Mechanical Towing for the Borough of Woodland Park, Passaic County, State of New Jersey."
[1972 Code § 6-7.1]
The owner or owners, occupant or occupants of premises abutting or bordering upon any street in the Borough, where the adjacent sidewalk is paved, shall remove all ice or snow from the sidewalk of any street, or in case of ice, which may be so frozen to the sidewalk as to make removal impracticable, shall cause the same to be thoroughly covered with sand, salt or ashes, within twelve (12) hours of daylight after it has fallen or been formed thereon.
[1972 Code § 6-7.2]
No owner or occupant of any premises abutting on any street, shall throw, place or deposit any snow or ice into or upon any sidewalk or any street in the Borough, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to these persons, upon the sidewalk or streets of the Borough, or upon any fire hydrants located in the Borough.
[1972 Code § 6-7.3]
In case snow or ice shall not be removed from sidewalk, or shall be cast, deposited, thrown or placed upon the sidewalk or street by occupants of any premises as provided, it may be removed by and under the direction of the Superintendent of Public Works and the cost, as nearly as can be ascertained, shall be certified to the Assessor, whose duty it is to assess and levy taxes for the Borough, and shall become and be a first and paramount lien upon the premises and the imposition and collection of the fine or fines imposed by the provisions of this section shall not constitute any bar to the right of the Borough to collect the costs as certified for the removal of snow or ice in the manner herein authorized.
[1972 Code § 6-2.1; Ord. No. 10-05]
It is hereby found and declared that:
a. 
The making and creation of loud, unnecessary or unusual noises within the limits of the Borough is a condition which has existed for some time and the extent and volume of noises is increasing;
b. 
Making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the Borough;
c. 
The necessity in the public interests for the provisions and prohibitions hereinafter contained is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained are in pursuant of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and peace and quiet of the Borough and its inhabitants.
[1972 Code § 6-2.2; Ord. No. 10-05]
As used in this section:
SOUND AMPLIFYING EQUIPMENT
shall mean any machine or device for the amplification of the human voice, music, or any other sounds, but not be construed as including standard automobile radios when used and heard only by occupants of the vehicles in which they are installed, or warning devices on authorized emergency vehicles, or horns or other devices used only for traffic safety purposes.
SOUND TRUCK
shall mean any motor vehicle, horse-drawn vehicle or any other means of conveyance whatsoever, having mounted thereon, or attached thereto, any sound amplifying equipment.
[1972 Code § 6-2.3; Ord. No. 10-05]
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 limits of the Borough. Noise is prohibited between the hours of 9:00 p.m. and 7:00 a.m., on Sunday, Monday, Tuesday, Wednesday and Thursday; and the hours of 10:30 p.m. and 7:00 a.m. on the days of Friday and Saturday, in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which noise is emanating shall be prima face evidence of a violation of this section.
[1972 Code § 6-2.4; Ord. No. 99-16; Ord. No. 10-05]
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section: The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section, and are prohibited between the hours of 9:00 p.m. and 7:00 a.m., on Sunday, Monday, Tuesday, Wednesday and Thursday; and the hours of 10:30 p.m. and 7:00 a.m. on the days of Friday and Saturday, in a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which noise is emanating shall be prima face evidence of a violation of this section.
a. 
Radios; Televisions; Phonographs. The using, operating, or permitting to be played, used or operated, of any radio receiving set, television, 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 with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the machine or devices is operated and who are voluntary listeners.
b. 
Loudspeakers; 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 purposes of commercial advertising, or attracting the attention of the public to any building or structure.
c. 
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 6:00 p.m. and 8:00 a.m., or at any other time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, apartment or other type of residence or of any persons in the vicinity.
d. 
Animals; Birds. The keeping of any animals or birds which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter X of this Code.
e. 
Horns; Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, bus, streetcar or other vehicle, except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles, or of persons upon the street; the creation by means of any signaling device of any unreasonably loud or harsh sound, or for any unnecessary period of time; the use of any signaling device except one operated by hand or electrically; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is held up for any reason.
f. 
Steam Whistles. The blowing of any locomotive steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or as a signal or warning in connection with civil defense, fire or ambulance calls, or upon request of the proper municipal authorities.
g. 
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
h. 
Defect in Vehicle or Load. The use or any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
i. 
Schools; Courts; Churches; Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
j. 
Drums. The use of any drums or other instrument or device for the purpose of attracting attention by creation of noise of any performance, show or sale.
k. 
Hawkers; Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
l. 
Pile Drivers; Hammers. The operation other than between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, of any pile driver, steam shovel, bulldozer or other earth moving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
m. 
Miscellaneous Night Noises. The "warming up" of diesel motors of motor vehicles; creation of loud or excessive noise in connection with loading or unloading of any vehicle; the repair, erection or demolition of any building, or the creation of any other loud or raucous sound or noise between the hours of 9:00 p.m. and 7:00 a.m. in proximity of any dwelling, residence or other inhabited buildings.
The above enumeration is only intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[1972 Code § 6-2.5; Ord. No. 10-05]
Nothing herein contained shall be construed to apply to:
a. 
The use of bells, chimes or sound amplifiers by churches in church activities.
b. 
Activities of the municipal departments in the performance of their duties, drills or public demonstrations.
c. 
Activities in the public parks, playgrounds or public buildings under the permission or authority of the municipal officials.
d. 
The playing of a band or orchestra in a hall or building or in the open air.
e. 
Any public utility as defined in Title 48 of the New Jersey Statutes, or to any employees of a public utility when the public utility or its employees are engaged in performing work to prevent the threatened interruption of its services, or to terminate the interruption of its service rendered to its customers.
f. 
Parades may be permitted within the limits of the Borough provided a permit is obtained from the Council. The Clerk shall refer any application to the Chief of Police for investigation. The application must be made within a minimum of ten (10) days prior to the parade and the applications shall indicate the time, the approximate number of people in the parade, the desired route and the purpose of the parade. The Chief of Police shall have the right to re-route the parade, if, in his opinion, it is apt to interfere with the free flow of vehicular traffic or create danger to life, limb or property.
[1972 Code § 6-2.6]
a. 
Use Prohibited Except for Civic Nature. The use of or operation of a sound truck, loudspeaker or amplifying system, either from a stationary position or from a moving vehicle, shall be unlawful within the municipal limits for any purpose other than that of a civic nature, directly pertinent to activities within the Borough of Woodland Park or affecting the residents of the Borough of Woodland Park. Political activities at no time shall be considered within the definition of "civic" and the use of equipment for political activities is prohibited.
b. 
Permit Required for Permitted Uses. Prior to the use of any sound equipment for any of the purposes permitted under this subsection, a permit shall be obtained from the Clerk. Application forms for this shall be furnished by the Clerk and shall require the applicant to disclose:
1. 
The name and address of all persons and organizations for which the permit is being sought;
2. 
The specific purpose of the application;
3. 
The number and type of equipment and vehicle to be used;
4. 
The projected hours and areas of the use of the equipment within the Borough of Woodland Park;
5. 
The person or official who shall be in charge of and responsible for compliance with the terms of this section;
6. 
In detail, the specific nature of the civic activity to be advertised;
7. 
The proposed hours of operation of the sound amplifying equipment;
8. 
The number of days of proposed operation of the equipment;
9. 
The general description of the sound amplifying equipment which is to be used;
10. 
The maximum sound producing power of the sound amplifying equipment included:
(a) 
Wattage to be used;
(b) 
The volume and decibels of the sound which will be produced; and
(c) 
The approximate maximum distance that the sound can be heard.
c. 
Issuance of Permit by Clerk. The Clerk shall return to each applicant for a permit for the use of sound equipment a copy of the permit together with a copy of the application duly certified by the Clerk to be a correct copy of the application. The permit and certified copy of the application shall be in the possession of any person operating the sound amplifying equipment at all times while it is in operation and copies shall be promptly displayed and shown to any Police Officer of the Borough upon request.
d. 
Time of Use Restricted. Whenever any use of sound equipment is permitted, it shall not be used before 9:00 a.m. on any weekday or after 7:00 p.m. on any weekday, or at any time on any Sunday.
e. 
Fees. No fee shall be required for the making of the application or for the issuance of the permit.
[1972 Code § 6-3.3; New]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause disturbance of the peace or obstruction of a public street or walkway, 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 refuses to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1972 Code § 6-5]
No person shall resist, obstruct or interfere with any municipal officer, including any member of the Fire Department, in the performance of his duty, nor shall any person disobey the lawful orders or instructions of any officer, or without good reason neglect to assist him in the performance of his duty when requested to do so.
[1972 Code § 6-6.1; Ord. No. 79-2 § I; Ord. No. 12-07 § I]
No person shall obstruct any streets, rights-of-way and sidewalks of the Borough by parking, leaving, or placing thereon any type of dumpster, any immobile or detached trailer, portable garbage container, garbage container, goods, wares, merchandise, articles for trade or sale, or clothing dumpster.
Furthermore, that it shall be unlawful to leave or park same on Borough-owned property without written consent of the incumbent Borough Administrator.
[1972 Code § 6-6.2; Ord. No. 79-2 § II; Ord. No. 12-07 § II]
This section shall not apply:
a. 
To obstructions caused by the loading or unloading of goods, wares or merchandise to and from vehicles in such a manner as to cause a minimum of obstruction and for a minimum time which is necessary or unavoidable.
b. 
To the receptacles for garbage, ashes or refuse lawfully placed on or in the sidewalk areas for collection, excluding portable garbage dumpsters.
[1972 Code § 6-6.3]
The Police Department is given full power and authority to prevent obstructions in violation of this section and to remove any obstructions after giving to the owner of the premises abutting the area so obstructed a reasonable notice to remove the obstruction.
[Ord. No. 12-07 § III]
Any person found to be in violation of this section shall be fined in an amount not to exceed sixty ($60) dollars. Further, any type of dumpster, any immobile or detached trailer, portable garbage container, garbage container, goods, wares, merchandise, articles for trade or sale, or clothing dumpster found to be in violation of this section shall be towed at the owner's or operator's expense.
[Ord. No. 80-1 § 1; Ord. No. 07-08; Ord. No. 11-07; New]
No person shall consume alcoholic beverages or possess any open container with alcoholic beverages on any of the public streets, sidewalks, parking lots, roadways, pathways, playgrounds, parks or quasi-public areas, or any other public property whatsoever within the Borough at any hour of the day or night unless a special permit is obtained from the Mayor and Municipal Council.
[Ord. No. 80-1 § 2; Ord. No. 07-08; Ord. No. 11-07]
No person shall consume any alcoholic beverages while in any parked automobile or motor vehicle upon any of the public streets, parking lots, roadways, shopping plazas or other thoroughfares open to general vehicular traffic.
[Ord. No. 11-07; New]
Any person who violates any provision of this section, for which no other specific statutory penalty is provided, shall be liable to the penalty stated in Chapter I, Section 1-5.
[New; N.J.S.A. 2C:33-15]
a. 
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than five hundred ($500) dollars.
b. 
Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six (6) months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
c. 
In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
d. 
Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of N.J.S.A. 33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.
e. 
The provisions of section 3 of P.L.1991, c. 169 (N.J.S.A. 33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.
[Ord. No. 2015-04]
The consumption or possession of alcoholic beverages of any type on private property by a person who is under the legal age and without legal authority is prohibited.
[Ord. No. 2015-04]
a. 
Any person found guilty of violating the terms of this section shall be subject to a penalty of $250 for a first offense and $350 for any subsequent offense.
b. 
In addition to the fine authorized by N.J.S.A. 40:48-1.2 and paragraph "a" above, the court may suspend or postpone for six (6) months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operation of a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of 17 years.
1. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last day of the license suspension period imposed by the court.
2. 
The court shall also inform the person orally and in writing that, if the person is convicted of operating a motor vehicle during the periods of license suspension or postponement, that person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
c. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based upon the age of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 2015-04]
a. 
The provisions of this section shall not apply to any under-aged person who consumes or possesses an alcoholic beverage in connection with a religious observance, ceremony, or rite or consumes or possesses an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages. However, nothing contained herein shall be construed to exclude liability on a parent, guardian or relative whose actions caused or contributed to the intoxication of an underage person, and such parent, guardian or relative shall remain liable under all laws and statutes, including N.J.S.A. 2C:33-17.
b. 
The provisions of this section as to possession of alcoholic beverages shall not apply to any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post-secondary education institution. However, this section shall be construed to preclude the imposition of a penalty under N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 77-17 § I]
The purpose of this section is to control and regulate the distribution, sale, circulation and exposure of magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploitation of sexual acts, normal or perverted, lust, passions, depravity, nudity and immorality.
[Ord. No. 77-17 § II]
As used in this section:
OBSCENE
shall mean that which to the average person, applying contemporary community standards, when considered as a whole, has as its dominant them or purpose, an appeal to the prurient interests. Any magazines, pictures, drawings, photographs or other publications designed to sexually stimulate shall be obscene within the meaning of this section if it is established that:
a. 
The dominant theme of the material taken as a whole appeals to the prurient interest; and
b. 
The material is patently offensive because it affronts contemporary community standards, relating to the description or representation of sexual matters; and
c. 
The material is utterly without redeeming social value, or the work taken as a whole lacks serious artistic, literary, political or scientific value.
PERSON
shall mean any individual, firm, corporation, partnership, or any other type or form of business which may be conducted in this State.
[Ord. No. 77-17 § III]
It shall be unlawful for any person as defined herein to display for sale any magazine, picture, drawing, photograph or other publication that may fall within the prohibitions of this section except when the magazines, pictures, drawing, photographs, or other publications are not openly exposed to public view.
[Ord. No. 77-17 §§ IV—VI; New]
a. 
Any person who shall violate the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
b. 
A violation of Subsection 5-25.3 shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
c. 
Every day that the provisions of this section are violated by any person as defined herein shall be a separate and distinct violation.
[Ord. No. 78-1 § I]
No person shall shoot or otherwise discharge within the Borough any revolver, pistol, cannon or firearm of any description using cartridge or gun powder for ammunition provided, however, that nothing contained herein shall be construed to extend to any military maneuver, to any authorized target practice, to explosion of dynamite or similar material used for blasting purposes under proper supervision or to any Police Officer in the line of duty.
[1972 Code § 6-10.1]
No person under eighteen (18) years of age shall enter or frequent pool or billiard parlors except when accompanied by one of his parents or guardians. No owner of a pool or billiard parlor shall permit persons under eighteen (18) years of age to enter or frequent the premises except when accompanied by one of his parents or guardian.
[1972 Code § 6-10.2]
All pools and billiard parlors shall close at 1:00 a.m., prevailing time, and all persons on the premises shall immediately leave.
[1972 Code § 6-8]
No person shall allow any laundromat in the Borough to be opened for public use on any day between the hours of 10:00 p.m. and 6:00 a.m., prevailing time. The word "laundromat" as used herein shall mean any public establishment containing washing machines and dryers and other similar mechanical devices for washing, laundering or drying of clothes and other washable materials, which the public is invited to use upon paying a fee.
[Ord. No. 03-17 § 6-15.1]
As used in this section:
UNLICENSED MOTOR-DRIVEN VEHICLES OR VEHICLE
shall mean and include, but is not necessarily limited to, two-wheel motor vehicles known as minibikes, trail bikes, unlicensed motorcycles, motorbikes, motor scooters, snowmobiles and four-wheel vehicles known as go-carts.
This section shall be applicable only to such unlicensed motor-driven vehicles as are designed primarily for the transportation of the driver and/or passengers, and not to lawn mowers, tractors, farm, lawn or garden equipment or the like.
[Ord. No. 03-17 § 6-15.2]
The Council hereby finds and declares that the use and existence of unlicensed motor-driven vehicles within the Borough is rapidly increasing; that said vehicles are commonly operated by minor children upon the public streets and thoroughfares and elsewhere within the Township; and that such vehicles are or can become dangerous machinery when not properly operated or when operated without proper adult supervision, regulation and control; and that in order to better promote the public health, safety, peace and welfare it is necessary to establish regulations concerning the registration, operation, use and control of such vehicles.
[Ord. No. 03-17 § 6-15.3]
Any person who shall own, keep or harbor an unlicensed motor-driven vehicle, as defined herein, shall register such vehicle with the Borough Clerk.
No such motor vehicle, as defined herein, may be registered in the name of a person under eighteen (18) years of age. Registrants shall have ten (10) days from the date of acquisition of such motor vehicle or ten (10) days from the effective date of this section within which to register such vehicle, whichever is later.
[Ord. No. 03-17 § 6-15.4]
The applicant for such registration shall contain the following information:
a. 
The name and address of the registrant, and
b. 
The year, serial number, horsepower, type, model and color of the vehicle being registered.
[Ord. No. 03-17 § 6-15.5]
Each registrant shall pay a fee of three ($3) dollars which shall company the application and be used to defray the costs of registration and display stickers.
[Ord. No. 03-17 § 6-15.6]
Upon receipt of the application and fee, the Borough Clerk shall issue a display sticker containing the registration number. Said sticker shall be affixed to the unlicensed motor vehicle in a conspicuous place. In the event ownership of the vehicle is transferred, the new owner shall register said vehicle pursuant to the terms of this section.
[Ord. No. 03-17 § 6-15.7]
It shall be unlawful to operate or permit to be operated any type of unlicensed motor-driven vehicle or conveyance, as described herein, under the following circumstances:
a. 
On private property of another without the prior express permission to do so by the owner or occupant of said property.
b. 
On any public street located within the Borough.
c. 
On public grounds without the prior express provisions or permission to do so by the proper public authority.
d. 
In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
e. 
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.
[Ord. No. 03-17 § 6-15.8]
It shall be unlawful for the registrant, as described in this section, to allow, permit or enable said registered vehicle to be used or operated by another in violation of Subsection 5-30.7.
[Ord. No. 03-17 § 6-15.9]
The police may immediately confiscate the unlicensed motor vehicle used or operated in violation of this section. The same shall be returned upon payment of any towing or removal costs and upon payment of any fine or upon the direction of the Court.
[Ord. No. 07-21 § 1]
No person shall within the confines of the Borough or any private property opened to the public within the Borough, urinate or defecate upon any road, street, avenue, sidewalk, private property or any other area unless the area is an enclosed restroom facility meant for such purposes.
[Ord. No. 07-21 § 2; New]
Any person who violates any provision of this section shall be subject, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 07-21 § 3]
The provisions of this section shall be administered and enforced by the Woodland Park Police Department and the Department of Health, and said departments shall make and sign complaints for violations in the Municipal Court of the Borough.
Editor's Note: Prior history includes Ord. No. 08-09.
[Ord. No. 08-09 §§ 1-2; Ord. No. 2015-13]
a. 
Children. No person shall within the confines of the Borough or any private property opened to the public within the Borough, leave a child unattended in any vehicle that is parked on any street, road, thoroughfare, sidewalk, or any other property of the Borough. A "child" under this provision shall mean any person under the age of twelve (12) years old.
b. 
Disabled Persons. No person shall within the confines of the Borough or any private property opened to the public within the Borough, leave a disabled person, regardless of age, unattended in any vehicle that is parked on any street, road, thoroughfare, sidewalk, or any other property of the Borough. A "disabled person" under this provision shall mean any person "who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.
c. 
Pets. No person shall within the confines of the Borough or any private property opened to the public within the Borough, leave a pet unattended in any vehicle that is parked on any street, road, thoroughfare, sidewalk, or any other property of the Borough. A "pet" under this provision shall mean any domesticated animal.
[Ord. No. 2015-13]
Any person who violated this provision shall be subject to a fine of not greater than $500 for each separate offense and/or confinement in the Passaic County Jail for a period of not more than ninety (90) days.
[Ord. No. 2015-13]
The provisions of this section shall be administered and enforced by the Woodland Park Police Department and the Department of Health. Said departments are charged with the duty to enforce this section and to that end, to make and sign complaints for violations in the Municipal Court of the Borough.
[Ord. No. 08-09 §§ 5, 6; Ord. No. 2015-13]
In the event that the Woodland Park Police Department is forced to remove an animal by use of animal control based upon a violation of this section, said violator shall be responsible for all costs incurred in the removal of said animal.
[Ord. No. 08-09 §§ 5, 6; Ord. No. 2015-13]
Upon taking possession of an animal under this section, the Woodland Park Department of Health, Division of Animal Control shall have the right to house the confiscated animal until such time as the animal's owner claims the animal.
[Ord. No. 08-10]
The Surgeon General of the United States has determined:
a. 
Smoking has been casually linked to lung cancer, arteriosclerosis, and coronary heart disease, chronic obstructive pulmonary disease and other conditions that constitute a wide array of serious health consequences.
b. 
Smoking and smokeless tobacco use are "almost always initiated and established in adolescence," typically by age sixteen (16).
c. 
Active smoking by young people is associated with significant health problems during childhood and adolescence with increased risk factors for health problems in adulthood. (Preventing Tobacco Use Among Young People: A report of the Surgeon General, issued in 1994); and
The Borough of Woodland Park finds that it is the best interest to discourage children from the temptations of experimenting with cigarettes and other tobacco products. The Borough of Woodland Park finds that it is within the public interest and more specifically the health and welfare interest of children and adolescents to prohibit the use of tobacco products within public places where children congregate, gather, play and/or engage in athletic competitions. Smoking or carrying lighted tobacco may be prohibited by the owner or person responsible for operating any public place or by Municipal ordinance under the authority of N.J.S.A. 40:48-1 et seq. and N.J.S.A. 2C:33-13b. The Borough of Woodland Park has determined that Borough-operated parks, playgrounds, athletic facilities, ball fields, buildings and properties owned or leased by the Borough of Woodland Park are public places where children congregate, play, gather and/or engage in athletic competitions and, therefore, should be free from the existence of tobacco use and second-hand smoke.
[Ord. No. 08-10; amended 5-9-2018 by Ord. No. 18-12]
a. 
Smoking shall be prohibited in all Woodland Park operated parks, playgrounds, ballfields, athletic facilities, buildings and properties owned or leased by the Borough of Woodland Park, with the exception of those areas within the above referenced locations which may be identified as "permitted smoking areas" by the Mayor and Council via resolution.
b. 
"Smoking" as used in this section, shall be defined in this subsection as "the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, including electronic cigarettes."
[Ord. No. 08-10]
This section shall be enforced by the Woodland Park Police Department or its designees. Any person who commits a violation of this section shall, upon conviction thereof, pay a fine not to exceed two hundred ($200) dollars providing that, in accordance with N.J.A.C. 2C:33-13b, adequate notice of such prohibition has been conspicuously posted. Any person may inform any person perceived to be violating this section of the provisions of this section.
[Ord. No. 09-04 § 1]
In an effort to maintain crowd control within the Borough, the Borough intends to regulate certain outdoor events. An "outdoor event" under this section shall mean any event that: 1) anticipates attendance of seventy-five (75) or more persons; and 2) occurs on either private or public property.
[Ord. No. 09-04 § 2]
An outdoor event under this section may only occur in the following zoning districts within the Borough:
a. 
Commercial Center
b. 
General Commercial
c. 
Highway Commercial
d. 
General Office
e. 
Planned Office Development
f. 
Planned Unit Development A and B
g. 
Industrial
[Ord. No. 09-04 § 3]
The organizer of any outdoor event under this section is required to obtain an application from the Borough at least thirty (30) days in advance of the event. The application must include the nature of the event, the location, the start and end times of the event, identification and contact information of a responsible party or organizer, and a site diagram which depicts the entire area in which persons will be attending the event.
[Ord. No. 09-04 § 4]
An applicant must obtain general liability insurance with a minimum coverage of one million ($1,000,000) dollars before the Borough will approve an application under this section. The policy must name the Borough as an additional insured.
[Ord. No. 09-04 § 5]
An application fee of two hundred fifty ($250) dollars will be assessed for any applications filed under this section. The application fee will be waived for Borough-sponsored events and certified nonprofit organizations.
[Ord. No. 09-04 § 6]
All applications under this section shall be filed with the Municipal Clerk and reviewed by the Woodland Park Police Department, the Fire Department, Code Enforcement officials, and, if necessary, the Board of Health. The Mayor and Borough Council will have final approval on all applications issued under this section, which will be granted by vote via resolution.
[Ord. No. 09-04 § 7]
Any person who violates any provision of this section shall be subject, upon conviction, to the penalty stated in Chapter I, Section 1-5. In addition, the applicant is responsible for all "emergent costs" incurred as a direct result of the scheduled event.
[Ord. No. 10-06 § 1]
This section shall prohibit the use of all athletic equipment, which shall include but not be limited to basketball poles and hoops, volleyball nets; skateboard/roller skating/bicycle ramps; cones for athletic activities, including soccer and kickball, and temporary bases for baseball and softball, in public streets, roadways, curbs and sidewalks adjacent to streets and roadways, and public or quasi — public areas, including but not limited to walkways, sidewalks, promenades and plazas on private property directly adjacent to streets and roadways, which may impede the public flow of traffic both by motor vehicle and pedestrian is prohibited.
[Ord. No. 10-06 § 2]
Any person who is found to have violated the provisions of this section shall be fined, upon conviction, fifty-five ($55) dollars for the first offense; one hundred twenty-five ($125) dollars for the second offense; one hundred fifty ($150) dollars for the third offense, and will be required to appear in Court for a fourth offense, and subjected to a fine which will at a minimum be two hundred and fifty ($250) dollars, and a maximum of five hundred ($500) dollars.
[Ord. No. 06-11; Ord. No. 06-12; Ord. No. 09-08]
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Woodland Park, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 06-11; Ord. No. 06-12; Ord. No. 09-08]
As used in this section:
CONTAINERIZED
shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
shall mean leaves and grass clippings.
[Ord. No. 06-11; Ord. No. 06-12; Ord. No. 09-08]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste in the street. Yard waste is to be placed in biodegradable bags at curbline no earlier than forty-eight (48) hours to scheduled pickup, and shall not be placed closer than ten (10) feet from any storm drain inlet. If yard waste is not properly placed at the curbline, the party responsible for placement of yard waste must remove the yard waste from the area or said party shall be deemed in violation of this section.
[Ord. No. 06-11; Ord. No. 06-12; Ord. No. 09-08]
This section shall be enforced by either or all of the following: Police Department, Code Enforcement and/or Public Works of the Borough of Woodland Park.
[Ord. No. 06-11; Ord. No. 06-12; Ord. No. 09-08]
Any person(s) who continues to be in violation of the provisions of this section after being duly notified, shall be subject to a fine not to exceed three hundred ($300) dollars.