[1973 Code § 60-1]
This section shall be known and may be cited as the "Borough
of Rockleigh Anti-Litter Regulations."
[1973 Code § 60-2]
As used in this section:
Shall mean the purtrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean 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 and includes but is not limited to any use or unconsumed substances
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 flowing
material, or any garbage, trash, refuse, rubbish, grass clippings
or other lawn 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.
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling
house, building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, trash, ashes, street
cleanings, dead animals, junk, abandoned automobiles and solid market
and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, wood, glass, bedding, crockery and similar materials.
[1973 Code § 60-3]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection.
[1973 Code § 60-4]
Sweeping litter into gutters is prohibited. No person shall
sweep into or deposit in any gutter, street or other public place
within the Borough the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalk in front of their premises
free of litter.
[1973 Code § 60-5]
No person shall throw or deposit litter or any occupied private
property within the Borough, whether owned by such person or not,
except that the owner or person in control of private property may
retain thereon private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by the
elements upon any street, sidewalk or other public place or upon any
private property.
[1973 Code § 60-6]
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
[1973 Code § 60-7]
The owner or person in control of any private property, whether
occupied or vacant, shall at all times:
a.
Maintain the premises free of litter; provided, however, that this
subsection shall not prohibit the storage of litter in private receptacles
for collection.
b.
Keep lands free of brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and litter, where the same
are inimical to the preservation of public health, safety or general
welfare of the Borough or which may constitute a fire hazard.
[1973 Code § 60-8]
Each of the acts enumerated in this section are forbidden and
are hereby declared to be a nuisance, and the Municipal Clerk is hereby
authorized to notify the violators of the violation, in writing, and
to require abatement of such nuisance within ten (10) days.
[1973 Code § 60-9]
In the event that the owner, tenant or person in possession
of the lands in question shall refuse or neglect to abate or remedy
the condition complained of within ten (10) days after receipt of
notice, the Construction Official shall cause the condition complained
of to be abated and remedied and shall certify the cost thereof to
the Council, who shall examine the certificate and, if found correct,
cause the cost as shown thereon to be charged against the lands. The
amount so charged shall forthwith become a lien upon such lands and
shall be added to and become and form a part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes, which shall be collected and enforced by
the same Officer and in the same manner as taxes.
[1973 Code § 60-10; New]
[Added 4-3-2023 by Ord.
No. 2023-6]
This section is intended to establish regulations to control
littering to protect the public health, safety and welfare and to
prescribe penalties for the failure to comply.
[Added 4-3-2023 by Ord.
No. 2023-6]
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 Chapter 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.
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
lawn or garden waste, newspapers, 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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
[Added 4-3-2023 by Ord.
No. 2023-6]
It shall be unlawful for any person to throw, drop, discard
or otherwise place any litter of any nature upon public or private
property other than in a litter receptacle, or having done so, to
allow such litter to remain.
[Added 4-3-2023 by Ord.
No. 2023-6]
Whenever any litter is thrown or discarded or allowed to fall
from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
[Added 4-3-2023 by Ord.
No. 2023-6]
This section shall be enforced by the Police Department providing
police services to the Borough of Rockleigh or such other municipal
officials as may be designated by the Mayor and Council.
[Added 4-3-2023 by Ord.
No. 2023-6]
Any person who is convicted of violating any provision of this section shall be subject to such fine and general penalty as set forth in § 1-5, General Penalty, of the Code of the Borough of Rockleigh, within the discretion of the Municipal Court Judge.
[Ord. No. 07-07]
Dumping of debris (as hereinafter defined) in the roadways or
adjacent to the roadways or on the property of others interferes with
the public health and safety of the Borough and causes drainage and
other problems in the Borough.
[Ord. No. 07-07]
Unless otherwise expressly provided, the words and phrases used
in this section shall have the following meanings:
Shall mean any organic or inorganic substance including grass,
grass clipping, branches, twigs, mulch, soil, or other natural parts
of foliage, including stumps or trees, productions of the earth, including
any residue from any of the foregoing, leaves, snow, or any other
natural or unnatural or manmade products of any kind.
Shall mean any person having a legal title to any lot, plot,
piece or a parcel of land.
[Ord. No. 07-07]
No owner shall permit any other person whether it be any servant,
agent, employee, contractor, occupant or tenant of the owner's property
to place any debris at the curbside or into or onto any public and/or
private street and/or residence or left for collection on said owner's
property in such a way that the same is caused to be blown into public
and/or private street and/or onto other's property.
[Ord. No. 07-07]
[1973 Code § 82-1]
No person shall park, leave or store any unregistered motor
vehicle (which has been so unregistered for a least sixty (60) days)
or leave any inoperable motor vehicle or component parts thereof in
any public lands or premises except in case of emergency and then
for a period of not more than twenty-four (24) hours.
[1973 Code § 82-2]
No person shall park, leave or store any unregistered motor
vehicle (which has been so unregistered for at least sixty (60) days)
or leave any inoperable motor vehicle or component parts thereof for
a period of more than thirty (30) days upon any private land or premises.
[1973 Code § 82-3]
No owner or occupant of any private lands or premises shall
permit or suffer any unregistered motor vehicle (which has been so
unregistered for at least sixty (60) days) or any inoperable motor
vehicle or component parts thereof to be parked, left, stored or maintained
on his or her lands or premises for more than thirty (30) days.
[1973 Code § 82-4]
The provisions of this section shall not apply to a licensed
service station operator where a motor vehicle is being or is about
to be repaired or is being stored for removal from the premises within
thirty (30) days. This section shall not apply to motor vehicles or
component parts which are parked, left, stored or maintained in garages
or other enclosed buildings.
[1973 Code § 82-5]
The provisions of this section shall not apply to motor vehicles
owned by or in the custody of automobile manufacturers or dealers
where such motor vehicles are being parked, left or stored upon premises
of such manufacturers or dealers for demonstration, sale, resale,
repair or maintenance.
[1973 Code § 82-6]
For the purposes of this section, the phrases and words "motor
vehicle" and "person" shall have the same meanings as those phrases
and words are defined in N.J.S.A. 39:1-1 et seq.
[1973 Code § 82-7; New]
[1973 Code § 82-8]
This section shall be enforced by the Construction Official
of the Borough of Rockleigh.
[1973 Code § 50-1]
No person shall carry, use or discharge any firearm or hunting
bow and hunting arrow at any time in the Borough except as hereinafter
provided.
[1973 Code § 50-2]
No person shall trap or attempt to trap any bird or animal at
any time in the Borough except as hereinafter provided.
[1973 Code § 50-3; Ord. No. 09-03-04 adopted 10/4/04]
This section shall not be construed to prohibit:
a.
The owners, lessees, or custodians of lands upon which damage is
threatened by woodchucks, crows, skunks, rats, weasels, poisonous
snakes, or vermin which destroy crops, from hunting, catching or killing
the same on these lands by the use of such firearms or traps as are
or may be permitted by law; or
b.
The controlling of the deer population in accordance with a community-based
wildlife management program approved by the Division of Fish and Wildlife
and the Fish and Game Council of the State of New Jersey.
[1973 Code § 50-4]
No firearm shall be carried or transported in the Borough unless
securely enclosed in a case, broken down or locked in the truck of
an automobile or locked gunrack except as otherwise herein provided.
[1973 Code § 50-5; New]
This section shall not be construed to prevent the carrying, possession or use of firearms by persons authorized by law to carry, possess or use firearms in a certain manner and under certain circumstances; provided, however, such firearms are not used for hunting in the Borough except as provided in subsection 3-4.3 and Section 5-15, Wildlife Management Program.
[1973 Code § 50-6]
This section shall not prohibit the use of firearms for the
purpose of target practice at a range approved by the Public Safety
Committee of the Borough, provided such target practice shall be supervised
by an adult certified in writing by the Public Safety Committee.
[1973 Code § 50-7]
Nothing herein contained shall be construed to permit any act
otherwise prohibited by law.
[1973 Code § 50-8; New]
[Ord. No. 07-19]
It shall be unlawful for any person under the legal age who,
without legal authority as hereinafter defined, knowingly possesses
or knowingly consumes an alcoholic beverage on private property.
[Ord. No. 07-19]
A person under the legal age shall be deemed to possess or consume
an alcoholic beverage without legal authority if said possession or
consumption is not in connection with any of the following:
a.
In connection with a religious observance, ceremony or rite; or
b.
In the presence of and with the permission of that person's parent,
guardian or relative who has attained the legal age to purchase and
consume alcoholic beverages; or
c.
By any such person while actually engaged in the performance of employment
by a person licensed under Title 33 (the Alcoholic Beverage Law) or
while actively engaged in the preparation of food while enrolled in
a culinary arts or hotel management program at a county vocational
or post secondary educational institution.
[Ord. No. 07-19]
As used in subsection 3-5.2, the following terms shall have the meanings indicated:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt, uncle,
sibling or any other person related by blood or affinity.
[Ord. No. 07-19; N.J.S.A.
40:48-1.2]
a.
A violation of this section shall be punishable by a fine of two
hundred fifty ($250.00) dollars for the first offense and three hundred
fifty ($350.00) dollars for any subsequent offense.
b.
The Court may, in addition to the fine authorized for this offense,
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
privilege of operating 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 seventeen (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 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 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 such this section is not a New
Jersey resident, the Court shall suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit to the Commission the required report. The Court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Commission shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
[New]
a.
It
shall be unlawful to consume, offer to another for consumption or
to possess in an opened container any alcoholic beverage on any public
street, sidewalk, avenue, alley, highway or other thoroughfare, or
on any public park or beach or on any public or private road or in
any motor vehicle within the Borough.
b.
It
shall be presumed that any person consuming or offering to another
person for consumption or possession in an open container any alcoholic
beverage on any private road within the Borough other than a residence,
that such person does not have the consent of the owner of the road
to engage in such activity.
c.
Notwithstanding
anything hereinabove to the contrary, upon first obtaining a certificate
of exemption from the Governing Body, any person, group of persons
or corporation, profit or nonprofit, may be permitted to consume or
possess alcoholic beverages for a specific event or activity at a
specific time and location within a park, playground or recreational
area.
[Ord. No. 2009-02]
a.
There shall be no motorized vehicle operation in any of the Borough
properties, parklands or Green Acres property except on roadways or
as signs direct and except for official use vehicles. Use of motorized
vehicles such as off-road, all-terrain vehicles (ATVs), cars, trucks,
motorcycles, snowmobiles, minibikes, trail bikes, motor scooters,
go-carts, motorized skateboards or dune buggies is prohibited. The
violating vehicle may be impounded by the Police.
[Ord. No. 2009-02]
a.
Any person who violates any provision of this section shall be liable,
upon conviction, to a fine for a first offense not to exceed two hundred
fifty ($250.00) dollars, and a fine for a second offense of five hundred
($500.00) dollars.
b.
Any person under the age of eighteen (18) years who violates this
section shall be deemed to be a juvenile delinquent and shall be proceeded
against as such.
[Ord. No. 2008-1]
a.
Prohibited
Areas. No hoofed animal shall enter into or travel upon or over the
property of the Borough of Rockleigh on which the Municipal Building
is located nor enter in, on or over the contiguous property to said
building including the parkland area.
[7-12-2021 by Ord. No. 2021-5]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[1] all cannabis establishments, cannabis distributors or
cannabis delivery services are hereby prohibited from operating anywhere
in the Borough of Rockleigh, except for the delivery of cannabis items
and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[7-12-2021 by Ord. No. 2021-5]
Any person found guilty of violating the provisions of this section shall be subject to such fines and penalties as set forth in § 1-5 of the Borough Code.
