Township of Warren, NJ
Somerset County
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Table of Contents
Table of Contents
Editor's Note: Ordinance No. 03-16 renumbered portions of Chapter 3 and deleted the following sections and subsections previously contained herein: 3-3, Loitering; 3-4 Water Pollution; 3-12.1, Carrying of Concealed Weapons; 3-12.2, Burglar Tools and Dangerous Weapons; Hiding; 3-12.3, Throwing of Dangerous Substances; 3-12.4, Malicious Destruction of Property; 3-12.5, Destruction of School Property; Disruption of School Exercise; Annoyance of Students or Teachers; 3-12.6, Tampering with Fire Alarms; Giving False Alarms; 3-12.7, Intoxication; 3-12.10, Interference with Fire Company or First Aid Squad Personnel; 3-12.13, Gambling; 3-12.14, Juveniles; Parental Responsibility; 3-12.15, Motor Vehicle Operator Fleeing or Attempting to Elude Police or Law Enforcement Officer.
As used in this section:
a. 
LITTER — Shall mean garbage, refuse and rubbish as defined herein, and all other waste material which if thrown, deposited, or allowed to stand as herein prohibited, tends to create a danger to public health, safety, welfare and the aesthetic well-being of the municipality.
b. 
GARBAGE — Shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
c. 
REFUSE — Shall mean all putrescible and nonputrescible solid waste, except body wastes, including, by way of example, but not limitation; garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles or parts of vehicles, vehicle tires, furniture, household or commercial appliances, mattresses, and solid market and industrial waste.
d. 
RUBBISH — Shall mean 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.
e. 
VEHICLE — Shall mean 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 on stationary rails or tracks.
f. 
PERSONS — Shall mean any natural person, firm, partnership, association, corporation, company or organization or entity of any kind.
g. 
PUBLIC PLACE — Shall mean all streets, sidewalks, boulevards, alleys, beaches or other public ways, and all public parks, squares, spaces, docks, grounds and buildings.
h. 
QUASI-PUBLIC PLACE — Shall mean sidewalks, parking lots, landscaped areas, detention basins, and all other outside areas which are open to the public or to which the public is invited and all other outside areas in and around establishments which are open to the public or to which the public is invited.
No person shall sweep, throw, deposit or dump litter in or on any property whether occupied, open or vacant and whether owned by that person or another person or in a public or quasi-public place or pond, lake or stream or other body of water within the Township, except in public receptacles or in private receptacles for collection; nor shall any person that is the owner or occupant of a public or quasi-public place allow litter to stand or remain in the public or quasi-public place of which the said person is the owner or occupant, whether the owner or occupant placed the litter on the property or not. Said public receptacles shall not be used by persons for the deposit of domestic, commercial and industrial litter, and said private receptacles shall only be utilized by the persons owning or renting said receptacles or by others authorized by the said owners or renters of the private receptacles.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements of animals upon a public place or upon private property, including that person's property. All owners of public or quasi-public places shall provide for themselves and their tenants adequate receptacles for the deposit of all litter generated by their or their tenant's businesses. All open or overflowing commercial, industrial, residential or other waste disposal receptacles are prohibited. Litter receptacles will be placed in accordance with subsection 3-1.3 hereof.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, street, catch basin, right-of-way or other public place within the Township the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk, walkway, alley and curb abutting said property free from obstruction and nuisances of every kind and to keep said sidewalk, walkway, alley and curbs free from litter. Litter receptacles will be placed in accordance with subsection 3-1.3 hereof.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter in or upon any public, quasi-public or private property.
No person shall bring, cart, remove, transport or collect any litter from outside the Township and bring it into the Township for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Township shall be parked or allowed to remain standing on any street in the Township or on any public property for a period in excess of two hours.
No person shall drive or move any truck or other vehicle within the Township unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place, or quasi-public or private place. Nor shall any person drive or move any vehicle or truck within the Township the wheels or tires of which carry onto or deposit, in any street, alley or other public place or quasi-public place, mud, dirt, sticky substances or foreign matter of any kind.
Advertisements, handbills, circulars and papers may be distributed in the Township only if they are so securely placed at each dwelling that they will not be blown away by the wind; otherwise no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the Township.
a. 
Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Township, nor shall any person hand out, distribute or sell any commercial handbill in any public place; provided that it shall not be unlawful on any sidewalk, street or other public place within the Township for any person to hand out or distribute, without charge to the receiver, any noncommercial handbill to any person willing to accept it.
b. 
Placing Commercial and Noncommercial Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. It shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept.
c. 
Depositing Commercial and Noncommercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
d. 
Prohibiting Distribution of Handbills where Property Posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any handbills left upon the premises.
e. 
Distributing Commercial and Noncommercial Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant or other person then present; provided that in the case of inhabited private premises which are not posted, as provided in this subsection, the person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit the handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets, or other public places. Mailboxes may not be so used when prohibited by Federal postal law or regulations.
f. 
Exemptions for Mail and Newspapers. The provisions of this subsection shall not apply to the distribution of mail by the United States postal service nor to newspapers.
g. 
Posting of Notices Restricted. No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized by the owners thereof or required by law.
a. 
There will be no outside storage of the following items:
1. 
Bulky household items - by way of example, but not limitation: appliances, furniture (that designated for outside use being excepted) and mattresses.
2. 
Tires and other vehicle parts.
b. 
The above prohibitions shall not apply to items placed outside on days designated for the collection of same.
c. 
Construction debris. No person shall allow the accumulation of litter on or around a construction site, or its storage in such a manner that it is likely to be blown, carried or deposited by the elements or animals about the construction site or upon a public place or upon private property.
The penalties imposed for violations of this section shall be governed by section 3-21 of this chapter.
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
Without intending to limit the generality of subsection 3-2.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section.
a. 
Radios; Televisions; Phonographs. The playing, use or operation 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 neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m., so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
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, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
c. 
Animals; Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity.
d. 
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus 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 to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.
e. 
Exhaust. The discharge or permitting the discharge into the air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
f. 
Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.
g. 
Construction or Repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In case of urgent necessity or in the interest of public health or safety, the director of public works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between 8:00 p.m. and 7:00 a.m.
h. 
Schools; Courts; Churches; Hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
i. 
Sound Trucks. The use of a mobile vehicle, commonly known as a sound truck or sound wagon, on public streets.
Nothing herein contained shall be construed to apply to:
a. 
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
b. 
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
c. 
Activities in public parks, playgrounds or public buildings under permission or authority of municipal officials.
d. 
Activities related to parades and processions for which a permit has been obtained in accordance with section 4-8.
No person or other entity shall, nor shall that person or entity cause to be any of the following:
a. 
To cast, throw or spill any dirt, sand, ashes, gravel, brick, stones, waste paper, leaves, grass clippings, vegetables, or other similar material on any Township or other public road surface, catch basins, gutter area or shoulder area.
b. 
To mix any dry cement or wet concrete, plaster or similar material upon the surface of any Township or other public road.
c. 
To spill or discharge any turpentine, kerosene, gasoline, petroleum, lubricating oil or other flammable or inflammable liquids or their volatile products or allow any of such fluids to escape into or upon the surface of any Township or other public road, catch basin, storm sewer, gutter area or shoulder, or operate any tank truck or other vehicle from which any of such fluids are permitted to escape.
d. 
To flush, discharge or cause to be drained or pumped to the surface of any Township or other public road, gutter area or shoulder, any waste water or fluid of any kind.
e. 
To place or cause to be placed on any Township or other public road, gutter area or shoulder, any permanent or temporary obstruction of any nature whatsoever, without prior written approval being granted by the Township Engineer.
f. 
To place snow or ice on the paved portion of any Township or other public road, gutter area or shoulder after the same has been plowed.
g. 
To flush, discharge or cause to be drained, pumped or placed on the surface of any Township or other public road, gutter area or shoulder, any matter which is classified as a hazardous substance.
Any person erecting a residential, business or industrial structure on lands abutting a Township road shall provide adequate off-site drainage facilities, approved by the Township Engineer, in order to prevent ground or surface waters from flowing or being pumped from the buildings and/or improvements on such lands to any Township road, gutter area or shoulder.
a. 
Any person changing the contour of any land adjacent to a Township road in such manner as would cause an increased or concentrated flow of surface water to run from such land to any Township road shall provide adequate drainage facilities, approved by the Township Engineer, in order to prevent such surface water from flowing upon any Township road, gutter area or shoulder.
b. 
No person shall alter the surface of any land immediately adjacent to the paved portion of a Township road or establish any curb line in front of any property abutting a Township road, gutter area or shoulder without previously securing approval from the Township Engineer. As a condition to such approval, the applicant shall be required to pave the widened portion of the roadway, at his own expense, between the existing pavement and the new curb line, in conformity with the standards and objectives of this section and Township specifications.
The Township Engineer and any police officer shall be enforcement agents under this section and shall have full authority to remove or eliminate any obstruction or hazardous condition affecting any Township road, gutter area or shoulder.
The penalty provisions of section 3-10 of the Revised General Ordinances of the Township of Warren shall apply to this section.
Sidewalks along public streets of the Township, or public streets of the county, shall be kept free from any and all garbage, debris, obstructions and nuisances at all times by the owners and/or tenants of abutting or bordering lands and property.
a. 
All ice and snow shall be removed from sidewalks by the owner or tenant of lands abutting, bordering or adjoining public streets of the Township, or public streets of the County of Somerset, within 12 hours of daylight after such ice has formed or snow has fallen, or as soon thereafter as practicable.
b. 
The owner and/or tenant of lands abutting, bordering or adjoining public streets of the Township, or public streets of the County of Somerset, shall spread salt, ashes, sawdust, and or other safe compounds on sidewalks adjoining said streets within four hours of daylight after such ice has formed, or as soon thereafter as practicable; and shall keep the salt, ashes, sawdust, sand or other safe compounds spread on the ice which has formed on said sidewalks until removed as provided in paragraph a.
The owner or tenant of lands abutting or bordering upon sidewalks adjoining public streets of the Township or County of Somerset shall remove all grass, weeds, debris and other impediments from those portions of the sidewalks lying in front of their respective premises.
Whenever the owner or tenant of lands shall fail to comply with this section or any notice given hereunder, the snow, ice, grass, weeds, garbage, obstructions, debris, nuisances or other impediments may be removed by or under the direction of the Township superintendent of public works. In the event of such removal, as provided in this subsection, the cost of removal, as nearly as can be ascertained, shall be assessed upon the tax records and books of the Township against the lands abutting upon and/or bordering said sidewalks, with interest thereon, calculated in the same manner as for past due taxes, and such costs shall become a lien upon the lands and shall be added to and form a part of the taxes to be billed, assessed and levied upon such lands for the quarter following such removal, and such costs shall be certified by the superintendent of public works to the collector of taxes for that purpose and be collected in the same manner as other taxes. The owner of such lands shall be notified, in writing, within 30 days of the lien being placed against the said property.
No person shall discharge any firearm upon or across any street within the limits of the Township nor shall any person discharge a firearm within 300 feet of any occupied dwelling within the Township.
The rules and regulations promulgated herein shall apply to public recreational areas and other lands owned or controlled by the Township.
It shall be unlawful for any person to be or remain upon any municipal lands or premises between the hours of 9:00 p.m. and 6:00 a.m., prevailing time, except that this provision shall not apply to the following.
a. 
Township officials, servants, agents or employees.
b. 
Law enforcement officers in the performance of their duties.
c. 
Persons participating in or attending recreational or other functions permitted by the Township Committee or agency thereof.
d. 
Persons using or attending functions at Township buildings during hours that may from time to tome be established or approved by the Township Committee.
The following rules and regulations shall apply to the use of all Township recreational areas and other lands owned or controlled by the Township:
a. 
No person shall unreasonably interfere with or disturb any other person(s) in their use of the premises.
b. 
No person shall drive any vehicle on any area except paved roads or parking areas or such other areas as may be specifically designated or approved as temporary parking areas by the Township Committee or agency thereof.
c. 
No person shall park a motor vehicle in other than an established or designated parking area and such use shall be in accordance with posted directions or instructions of any attendants who may be present.
d. 
No person shall leave a motor vehicle standing or parked upon such premises for a continuous period in excess of 12 hours. The Township Committee may direct that any unauthorized motor vehicle parked in excess of the period limited in this paragraph be towed away and stored at a suitable location at the expense of the owner.
e. 
The speed limit on all roads or drives on such premises shall be 15 miles per hour.
f. 
No person shall remove, deface or damage any trees, shrubs, soil, plants, recreational or other Township equipment or any Township improvements.
g. 
No person shall transport into or consume on the premises any intoxicating beverages.
h. 
All rubbish, trash, garbage and other debris shall be placed in containers provided therefor. The dumping of rubbish, trash, garbage and debris in other than containers provided therefor is strictly forbidden.
i. 
No person shall post, exhibit or otherwise display any signs, posters or other material without express permission of the Township Committee or agency thereof.
j. 
No person shall fish at or on any Township owned waterway or body of water unless using barbless hooks and using the "catch and release method" unless otherwise expressly permitted by the Township Committee.
a. 
Purpose. The purpose of this subsection is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Warren Township or other public body, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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.
1. 
FEED — Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking offish and/or game.
2. 
PERSON — Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
3. 
WILDLIFE — Shall mean all animals that are neither human nor domesticated.
c. 
Prohibited Conduct. No person shall feed, in any public park or on any other property owned or operated by Warren Township or other public body, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
d. 
Enforcement.
1. 
This subsection shall be enforced by the Police Department and/or Health Department of Warren Township.
2. 
Any person found to be in violation of this subsection shall be ordered to cease the feeding immediately.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalties set forth in section 3-21 of this code.
As used in this section:
a. 
INOPERABLE MOTOR VEHICLE — Shall mean any motor vehicle incapable of being legally operated or moved under its own power on the public highways of the State of New Jersey and shall include any motor vehicle not currently registered or licensed to be operated or moved on the public highways by a proper motor vehicle licensing and registration authority.
b. 
MOTOR VEHICLE — Shall mean and include all vehicles propelled other than by muscular power (except such vehicles as run only upon rails or tracks), which vehicles are designed for transportation or construction purposes and required to be licensed or registered if used upon the public highways.
No person shall park, leave, store or maintain any inoperable motor vehicles on any public lands or premises in the Township except in case of emergency, and in no event for a period exceeding 24 hours.
No person shall park, leave, store or maintain any inoperable motor vehicles on any private lands or premises in the Township for a period in excess of 20 days. No owner or occupant of any private lands or premises in the Township shall permit any inoperable motor vehicles to be parked, left, stored or maintained on his lands or premises for a period in excess of 20 days. In the event an inoperable motor vehicle is observed on private lands or premises 20 days following its prior observation on such lands or premises, it shall be presumed to have been located on such lands or premises for the twenty-day period from its first observation.
The provisions of this section shall not apply to the following:
a. 
Motor vehicles service stations or garages or new or used automobile dealers locations (property licensed by the State of New Jersey) where inoperable motor vehicles are being or about to be repaired or where the new or used car dealer is in the process of selling the same. In any event, no motor vehicles shall be parked, left, stored or maintained at a service station or garage for more than 20 days unless the excess time is required for the obtaining of parts necessary to complete a required repair; and in the event excess time is required to obtain a required part, then the said twenty-day period shall be extended to 40 days.
b. 
Lawfully operated scrap yards.
c. 
Motor vehicles in operating condition and active use for farming purposes.
d. 
Motor vehicles located or stored in garages or other buildings.
In addition to the penalties set forth in section 3-10 entitled "Penalties" of this chapter, any vehicle found to be in violation of the provisions hereof may be removed from a property by order of the Warren Municipal Court Judge at the landowner's sole cost and expense (to include costs of removal, storage and any other related costs). In the event an individual fails to appear in court to answer an issued summons for violation of this section, the Warren Municipal Court Judge may order the removal of the vehicle in question pursuant to the above provisions.
a. 
CIVIL EMERGENCY — Shall mean any riot, disturbance or disorderly assemblage characterized by the use of actual force or violence or any threat to use force if accompanied by the immediate means of doing so by five or more persons acting together without authority of law.
b. 
CURFEW — Shall mean a prohibition against any person walking, running, loitering, standing or motoring upon any street, highway, public property or vacant premises within the limits of the Township except persons officially performing their duties with reference to the emergency.
When in the judgment of the Mayor or, in the event of his inability to act, the vice-chairman of the Township Committee, a civil emergency as defined herein or the threat of same is deemed to exist, he shall forthwith proclaim such an emergency to exist and immediately post notice thereof in at least five conspicuous places within the Township. Upon the proclamation of a state of emergency as indicated herein, the Mayor or vice-chairman of the Township Committee shall, at any regular or special meeting called for such purpose, make a report thereof to the Township Committee as promptly as circumstances of such emergency might permit. The Township Committee may by resolution confirm, amend or terminate the state of emergency or any of the emergency powers exercised in accordance therewith as it shall deem proper.
Upon the determination and proclamation of a state of emergency as provided above, the Mayor or vice-chairman of the Township Committee is hereby authorized to exercise the following powers which shall remain in full force and effect until amended or terminated by subsequent proclamation:
a. 
Order a general curfew applicable to such portion of the Township as the Township Committee deems advisable to be applicable during such hours of the day and night as is necessary for the protection of the public safety and welfare.
b. 
Close all retail liquor establishments.
c. 
Close all taverns or other establishments serving alcoholic beverages.
d. 
Close all private clubs or portions thereof where the consumption of alcoholic beverages is permitted.
e. 
Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than the gasoline tank of a motor vehicle.
f. 
Order the closing of all gasoline service stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.
g. 
Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.
h. 
Close all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition.
i. 
Close any public street, thoroughfare or vehicle parking area to motor vehicles and pedestrian traffic.
j. 
Call upon regular and auxiliary law enforcement agencies and organizations within or without the Township to assist in preserving and keeping the peace during the period of emergency.
k. 
Such other powers as are imminently necessary for the public safety and welfare and the protection of property.
Whenever a determination and proclamation of civil emergency is promulgated as provided herein and any of the emergency powers outlined above are exercised by the Mayor or vice-chairman of the Township Committee, the exercise thereof shall be incorporated in a proclamation and, wherever practicable, a copy of the proclamation shall be posted in a prominent place at the premises affected by the emergency powers and a copy thereof shall be delivered to the owner or occupant of such premises or any responsible person in charge thereof. In no event shall the failure to post such notice or deliver a copy as provided herein render the exercise of such powers ineffectual or invalid.
The emergency powers for which provision has been made in this section shall be in addition to and supplemental with the authority and power delegated to the Municipal Disaster Control Civil Defense Director pursuant to R.S. App. A:9-40.5.
For the purposes of application and enforcement of this section, the following words and phrases shall be defined as indicated:
a. 
PESTICIDE — Shall mean and include any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
b. 
AGRICULTURAL AIRCRAFT OPERATION — Shall mean the operation of an aircraft for the purpose of:
1. 
Dispensing any pesticide;
2. 
Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control;
3. 
Engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects.
c. 
AGRICULTURAL AIRCRAFT OPERATOR CERTIFICATE — Shall mean a certificate granted by the Federal Aviation Administration under the authority of Federal Aviation Regulations (F.A.R.) - 137 for the purpose of pesticide application by aircraft.
d. 
PILOT IN COMMAND — Shall mean the pilot in control of an aircraft during the dispensing of a pesticide as defined in this section.
e. 
F.A.R. - 137 — Shall mean Federal Aviation Regulations, Volume VII, Part 137, relating to Agricultural Aircraft Operations.
f. 
RIGHT OF REFUSAL — Shall mean notice given by property owners within a distance of 100 feet of the area to be sprayed to the Township Clerk and the holder of the agricultural aircraft operator certificate which will require aircraft not to approach closer than 100 feet in a horizontal direction to their property lines.
No person shall conduct an agricultural aircraft operation for the application of a pesticide within the Township without first registering and obtaining approval therefor from the Township.
a. 
Application. Application for registration and approval shall require the following information:
1. 
Name and address of the person making the application.
2. 
Evidence of the agricultural aircraft operator certificate of the applicant.
3. 
A brief description of the type of aircraft being used.
4. 
Name of insurance carrier and policy number evidencing public liability and property damage insurance, covering injury and property damage resulting from the agricultural aircraft operation, in the minimum amount of $100,000.
b. 
Copies. Copies of the application shall be forwarded promptly by the clerk to the Board of Health, Chief of Police and the environmental commission.
Prior to the spraying operation of any area, the holder of the agricultural aircraft operator certificate or the pilot in command is responsible for the following:
a. 
Obtain the written consent of all property owners within the area of the spraying operation, which consent must indicate the name and address, lot and block number of all persons for whom the aircraft spraying operation is being conducted, including particular reference to any private or public agency participating therein, the type of pesticide to be used, and the projected date or dates on which the aircraft spraying operation is to be done. In the event alternate dates are selected because of weather conditions, the same should be indicated separately and designated as such, provided the alternate dates are within a period of seven days from the last planned date of the aircraft spraying operation.
b. 
At least 10 days prior to the projected aircraft spraying operation notify by certified mail, return receipt requested, all owners of properties within a distance of 100 feet from the boundary line of any property subject to the aircraft spraying operation. The notice shall indicate the projected date on which the operation is to take place, the type of pesticide to be used, alternate dates and times that the spraying operation will take place, in the event weather conditions are not suitable, provided the alternate dates are within a period of seven days from the last planned aircraft spraying date. The notice shall also indicate that any such property owner may exercise a right of refusal, by notice to the Township Clerk and the holder of the agricultural aircraft operator certificate, which will require the aircraft not to approach while dispensing pesticides closer than 100 feet, in a horizontal direction, to such property. In the event a municipal boundary line is within 100 feet of any premises to be sprayed, the Township Clerk of the adjoining municipality shall be notified as above, in addition to the property owner affected. Notices addressed to owners at addresses as they appear on the most recent tax duplicate of the Township shall be prima facie evidence that proper parties were notified. A signed statement by affected property owners of notification, containing all the information prescribed above, may be substituted for mail notification.
c. 
Submit to the Township Clerk such written approvals and an affidavit of the applicant that the notices required by this section have been duly sent.
a. 
All aircraft spraying operations and pesticides used in such operations must conform with F.A.R. - 137, including but not limited to the following: F.A.R. - 137.11, 137.37, 137.39 and 137.51. F.A.R. regulations deemed to be applicable under this section are those as supplemented and amended and in effect at the time of the aircraft spraying operations.
b. 
Under no circumstances shall an aircraft spraying operation take place over property for which the owner has not given his consent and within 100 feet, measured horizontally, from any property whose owner has exercised the right of refusal.
c. 
Under no circumstances shall an aircraft spraying operation take place within 100 feet (measured horizontally) from the Passaic River.
d. 
Aircraft spraying operations may be carried out only during daylight hours under conditions where updrafts at the aircraft altitude are negligible.
e. 
Aircraft spraying operations may be carried out only when the wind velocity is less than seven miles per hour.
f. 
Aircraft spraying operations may be carried out only when the general conditions for the aircraft spraying operations are such that the pilot in command can maintain sufficient control of the spraying operation to insure that the pesticides being sprayed will not encompass areas beyond those for which permission has been obtained.
g. 
The area to be sprayed shall be clearly identified for the pilot of the aircraft to comply with the requirements of subparagraph (f) above. The pilot in command and holder of the agricultural aircraft operator certificate shall be fully responsible for any and all injury or damage to person and property resulting from the aircraft spraying operation.
The provisions of this section shall not apply to municipal, county, state, federal or other governmental entity or agency engaged in aircraft pesticide spraying operations.
Any person violating the provisions of this section, and any person assisting or participating in an aircraft spraying operation resulting in the violation of this section, shall be subject to the penalty provisions provided for in section 3-21 of this chapter.
[Ord. 75-25, S 3; Ord. 03-16, S 19; Ord. No. 2017-14]
No person shall fire or discharge any firecracker, torpedo or firework of any kind unless having first obtained a written permit issued by the Township Committee or its duly authorized agent pursuant to rules and regulations promulgated by the Township Committee and in accordance with all requirements of the State of New Jersey Department of Community Affairs, Division of Fire Safety and N.J.S.A. 21:3-1 et seq.
[Ord. 75-25, S 3; Ord. 03-16, SS 15, 19]
No person shall hinder or obstruct any Township official, other than a Township police officer, in the performance of his or her duties or threaten to do bodily harm or injury to such official, or resist or oppose any official serving or attempting to serve any writ, bill, order or process.
[Ord. 75-25, S 3; Ord. 03-16, S 19]
No person shall hold, conduct or take part in any parade, procession, meeting, concert or similar activity through, in or upon any public street without having obtained a written permit from the Township Committee or its duly authorized agent pursuant to rules and regulations issued by the Township Committee and in accordance with section 4-8 of this revision.
[Ord. 75-25, S 3; Ord. 03-16, SS 16, 19]
a. 
No person shall drive or park any vehicle on private property, or obstruct the passageway of a private driveway or right-of-way without permission of the lawful owner, tenant or occupant thereof after:
1. 
The owner, tenant or occupant has forbidden such person to so drive, park or obstruct such private property, driveway or right-of-way; or
2. 
The owner, tenant or occupant has requested such person to remove any vehicle from private property or from obstructing a private driveway or right-of-way, and such person fails to comply promptly with the request; or
3. 
The owner, tenant or occupant has given public notice forbidding such obstruction by a motor vehicle, which notice has been posted conspicuously adjacent to the street bordering such private property, driveway or right-of-way.
b. 
Failure to Remove Parked Vehicle. In the event any such person shall fail to remove a motor vehicle parked upon private property after having been forbidden to do so or after having been requested to do so, or after public notice forbidding such parking has been posted conspicuously as aforesaid, or in the event a motor vehicle shall obstruct a private driveway or right-of-way, the owner, tenant or occupant of such private property or any police officer may have the motor vehicle removed and impounded at the expense of the owner of such vehicle.
[Ord. 78-22; Ord. 03-16, S 17]
a. 
No person shall:
1. 
Consume any alcoholic beverage while in a private motor vehicle while the same is in motion or parked in a quasi-public parking place.
2. 
Discard any alcoholic beverage container upon any public street, parking place, park, playground, recreation area, quasi-public parking place, or any other public or quasi-public place or upon private property not his own without the express permission of the owner or other person having authority to grant such permission; except into receptacles provided for such purposes.
b. 
QUASI-PUBLIC PARKING PLACE — As used in this section, shall mean a parking yard or parking lot generally open to the public or to which the public is invited and used incidental to a business retail establishment.
[Ord. 78-22; Ord. 03-16, S 17]
The Township Committee, may, by resolution, permit possession and consumption of alcoholic beverages in a designated quasi-public parking place at a designated time or times related to a special event, series of events or observance as defined and authorized in such resolution.
a. 
It shall be unlawful for any person under the legal age to purchase and consume alcoholic beverages, to, without legal authority, knowingly possess or knowingly consume an alcoholic beverage on private property.
b. 
A person under the legal age to purchase and consume alcoholic beverages may consume or possess an alcoholic beverage on private property in connection with a religious observance, ceremony, or rite or may consume or possess 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.
c. 
A person, while actually engaged in the performance of employment by a person or entity that is licensed under Title 33 of the 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 educational institution may possess an alcoholic beverage; however, this section shall not 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.
d. 
As used in this section, the following definitions will apply:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
e. 
Penalty.
1. 
A violation of this section shall be punished by a fine of $250 for the first offense and $350 for any subsequent offense.
2. 
The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of a defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license by the court, the court shall forward a report to the Division of Motor Vehicles 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 date 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, which includes a suspension or postponement of the person's driver's license, 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 may suspend or postpone, as appropriate, the nonresident 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 nonresident convicted under this section. Upon receipt of a report of the type referenced above, by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This section shall not apply to the offering for sale of a motor vehicle used by the owner thereof as his or her private vehicle on property owned or leased by that party. This section does not authorize the conducting of used motor vehicle sales businesses within the Township of Warren, but only provides the means for an individual to sell his or her private motor vehicle on his or her owned or leased property.
Prohibited within the Township of Warren is the offering for sale of motor vehicles by a party on property neither owned or leased by that party. The prohibition set forth herein shall not apply to the following situations:
a. 
The driving on public or private roadways or parking lots with a "For Sale" or other like sign being displayed on a motor vehicle.
b. 
The parking in public or private parking lots with a "For Sale" or other like sign being displayed on a motor vehicle during the time the operator is shopping or utilizing the other services of a business or other establishment located in the area of the said parking lot. Employees working at a business establishment are prohibited from offering their motor vehicles for sale in parking areas in the vicinity of the business employing them.
c. 
The parking in a public or private roadway with a "For Sale" or other like sign being displayed on a motor vehicle during the time the operator is visiting a private home or shopping or utilizing the other services of a business or other establishment located in the area in which the motor vehicle is parked.
The penalty provisions of section 3-10 of this code shall apply to this section.
This section shall take effect upon final passage and publication according to law.
This section shall be known and may be cited and referred to as the "Emergency Management Ordinance."
a. 
It is the intent and purpose of this section to establish an emergency management unit that will provide for optimum use of the resources of the Township for action in coordinating emergency operations and to provide standards for the position of emergency management coordinator.
b. 
The emergency management coordinator will coordinate the emergency services of the Township as required by N.J. Statutes Chapter 251 P.L. 1942 as amended by Chapter 438 P.L. 1953. (N.J.S. App. A:9-33 et seq.)
The emergency management coordinator will provide planning guidance to the departments and agencies of the Township.
c. 
This section does not relieve any Township department or agency of the responsibilities or authority given by state statute or by local ordinance nor is it intended to adversely affect the work of any volunteer agency organized for relief in emergencies.
The following definitions shall apply in the interpretations of this section.
a. 
EMERGENCY MANAGEMENT UNIT — The emergency services of local government in helping to carry out the basic governmental functions of maintaining the public peace, health and safety during an emergency. This shall include plans and preparations for protection from, and relief, recovery and rehabilitation from the effects of any emergency.
b. 
DECLARATION OF A STATE OF LOCAL EMERGENCY — A proclamation by the emergency management coordinator, or his authorized deputy that an emergency has occurred or is imminent which requires activation of all or part of the Township's emergency management services, declaring that a state of local emergency exists.
c. 
EMERGENCY MANAGEMENT COORDINATOR (sometimes referred to as "Coordinator" herein) — The person appointed by the Mayor to coordinate the emergency services of the Township. This person shall also hold the position in the Township of "municipal disaster control director" and shall be responsible for the duties of that office in accordance with N.J.S. App. A:9-40.1.
d. 
EMERGENCY — Any unusual set of circumstances which endangers the health, safety, or resources of the residents of the Township of Warren, and which is or may become too large in scope or is unusual in type, to be handled in its entirety by normal operating Township services.
e. 
EMERGENCY MANAGEMENT FORCES — The employees, equipment and facilities of all Township departments, boards, commissions and agencies; and in addition, all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons, organizations or agencies.
f. 
LOCAL EMERGENCY — Includes any emergency or the imminence thereof, which affects the Township but is not so severe as to require action by the Governor of New Jersey or the county emergency management coordinator as described in Emergency Management Act (N.J.S. App. A:9-33, et seq.)
g. 
MAYOR — The Mayor, Deputy Mayor or the acting executive member of the Township Committee.
h. 
REGULATIONS — Includes plans, programs and other emergency procedures promulgated in accordance with this section.
i. 
VOLUNTEERS — Any person duly appointed by the Township Committee, or emergency management coordinator and assigned to participate in emergency management activities, serving without a remuneration.
j. 
GENDER — As used in this section is interchangeable with the opposite gender.
a. 
The Township Committee is hereby authorized to create a council for emergency management, utilizing existing agencies within the Township.
b. 
The council shall consist of the following:
1. 
The emergency management council, which itself will be under the direction of the coordinator. The coordinator shall be a member and chairman of the council. There shall also be such deputies and assistants, appointed by the coordinator and approved by the Mayor, as are deemed necessary. Such deputies and assistants shall be appointed from among the salaried officers and/or employees of the Township, whenever possible.
2. 
The employees, equipment and facilities of all Township departments, boards, agencies and commissions which will participate in emergency management activities.
3. 
Volunteer persons, organizations or agencies offering service to and accepted by the Township without remuneration.
c. 
The emergency management coordinator shall be a resident of Warren Township and shall be appointed by the Mayor. The coordinator shall serve for a term of three years and may be removed by the Governor of New Jersey at any time for cause.
a. 
The Mayor. Emergency powers and duties of the Mayor shall be as follows:
1. 
During the period that the emergency proclamation remains in force, the Mayor may promulgate such regulations and take such other action as he deems necessary to protect life and property of the residents and to preserve critical resources. Regulations promulgated in accordance with this authority will be given as widespread circulation as possible by available means of communications. The regulations will have the force of ordinances when filed with the Township Clerk and violations will be subject to the penalties provided in subsection 3-16.10 of this section. Such regulations may include, but shall not be limited to, the following:
(a) 
Regulations prohibiting or restricting the movement of vehicles or persons to facilitate the work of emergency services forces, to facilitate the movement of persons, emergency vehicles and equipment to and from critical areas within and outside the Township.
(b) 
Regulations pertaining to evacuation of persons from areas deemed to be hazardous or vulnerable.
(c) 
Regulations which close or regulate the hours of any premises that is licensed to sell alcoholic beverages or gasoline.
(d) 
Regulations that close or regulate the hours of any public place of entertainment or premises which offer for sale foodstuffs or medicines.
(e) 
Such other regulations necessary to preserve public peace, health, safety and to conserve critical resources.
2. 
The Mayor may request aid from contiguous municipalities when the emergency is beyond the capabilities and resources of local emergency management forces. The state statutes and mutual aid agreements shall govern such requests for aid outside of local resources. N.J.S. App. A:9-40.6 shall control requests for aid from noncontiguous municipalities.
3. 
During the emergency, the Mayor may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bill the Township for the fair value thereof.
4. 
The Mayor may, during the emergency, require the services of any Township officer, employee or official to assist him or the emergency services forces. All such duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as may be provided by state law for other registered and identified emergency management workers.
5. 
The Mayor will cause to be prepared the plan hereinafter referred to and will exercise his ordinary powers and any special powers conferred upon him by ordinances of the Township of Warren or by any statute of the State of New Jersey, to this end.
6. 
The Mayor will require the Township Committee members to assemble for a special meeting within 24 hours of the proclamation declaring the emergency in the Township.
7. 
The Mayor will review for the Committee the status of the emergency and measures taken to restore the public peace.
8. 
The Mayor or Committee may request a verbal report at any time from the emergency coordinator and the Chief of Police.
b. 
The Coordinator.
1. 
The coordinator shall be responsible for planning, activating and coordinating operations involving emergency management for the Township and shall have successfully completed, within one year immediately following his appointment, the current, approved emergency management courses. The coordinator shall be responsible to the Mayor and Township Committee in regard to all phases of emergency management activity.
2. 
Emergency powers and duties of the coordinator shall be as follows:
(a) 
The coordinator may issue a proclamation that a state of local emergency exists when, in the coordinator's opinion, a disaster has occurred or is imminent in the Township.
(b) 
The coordinator, in accordance with the regulations promulgated by the New Jersey Director of Emergency Management shall be empowered to issue and enforce such orders as he deems necessary to implement and carry out emergency management operations and to protect the health, safety and resources of the residents of the Township.
(c) 
The coordinator shall immediately advise the county emergency management coordinator of the proclamation that a state of local emergency exists and of the action taken.
(d) 
His or her duties shall include, but not be limited to, any resolutions passed by the Township Committee.
(e) 
Preparation of the Township's emergency management plan which shall be submitted for approval by the Township Committee.
(f) 
When the aforesaid plan is approved, it shall be the duty of the coordinator to insure that all departments and agencies designated to perform functions assigned by the plan are able to so perform and that the said agencies maintain their portion of the plan in a current state of readiness at all times.
(g) 
The aforesaid plan shall be considered to have the effect of law whenever an emergency is declared by proclamation locally or by the Governor of the State of New Jersey and the coordinator will be charged with enforcing the same.
The emergency management coordinator shall be responsible for the provision of leadership in the field of emergency management in the Township. As such, the coordinator shall be responsible for emergency management program administration and program development encompassing the four phases of emergency management mitigation, preparedness, response and recovery.
The coordinator shall also be responsible for the following specific matters.
a. 
Program Administration.
1. 
Insure that the Township office of emergency management is available on a twenty-four-hour basis.
2. 
Supervise the day-to-day operations of the Township office of emergency management.
3. 
Insure that the Township meets all requirements for the Federal Emergency Management Agency's Emergency Management Assistance Program; including meeting goals agreed to in the annual workplan, maintaining a currently approved Municipal Emergency Operations Plan, and providing the New Jersey Office of Emergency Management with quarterly program status reports, if applicable.
4. 
Prepare, submit and justify the annual Township emergency management budget.
5. 
Secure county, state and federal technical and financial assistance available through the county office of emergency management.
6. 
Personally attend at least 75% of the scheduled county office of emergency management meetings. The Coordinator must assure representation at all other county emergency management meetings.
7. 
Maintain a continuing knowledge of all Township, county, state and federal laws and plans concerning emergency management.
8. 
Maintain adequate files, records and correspondence relating to emergency management activities.
9. 
Interact with the county emergency management coordinator regarding: (a) Township Emergency Operations Plan (EOP) review; (b) all mutual aid agreements; (c) Hazard Identification Capability Assessment and Multi-Year Development Plan (HICA/MYDP); (d) the approval and scheduling of attendees for state and federally sponsored emergency management courses, etc.
10. 
Coordinate with the Township agencies, departments, and bureaus regarding their emergency management responsibilities.
11. 
Implement policies and procedures regarding emergency management.
12. 
Conduct quarterly staff meetings, providing advance notice to the county office of emergency management.
13. 
Receive and react to weather emergency notifications.
14. 
Cooperate with the National Warning System (NAWAS) program.
15. 
Comply with all directives, rules and regulations issued by the state office of emergency management.
16. 
Conduct a minimum of one exercise per year, providing a minimum thirty-day advance notice through the county office of emergency management to the state office of emergency management.
b. 
Program Development. Recruit, organize, coordinate, and train a staff to administer the following emergency management functions and programs:
1. 
Alerting and warning.
2. 
Communications.
3. 
Damage assessment.
4. 
Emergency operating center.
5. 
Emergency public information.
6. 
Evacuation.
7. 
Fire and rescue.
8. 
Hazardous materials.
9. 
Health and medical.
10. 
In-place shelter.
11. 
Law enforcement.
12. 
Public works.
13. 
Radiological protection.
14. 
Reception and care.
15. 
Resource management.
16. 
Social services.
The emergency management coordinator shall be trained in planning operations involving emergency management and shall have a minimum of two years' experience in the planning, development and administration of emergency response activities such as those provided by police, fire, rescue, medical or emergency management units in the public or private sector or in the military service.
The coordinator must be a resident of Warren Township and must be of good reputation and sound moral character.
The emergency management coordinator shall complete, within one year of his or her appointment, the emergency program manager course and the basic emergency management workshop. Following completion of the first year's courses, the coordinator shall complete 24 classroom hours of emergency management continuing education per year. All courses taken by the coordinator shall be submitted to and approved by the county emergency management coordinator.
a. 
The emergency management coordinator is authorized to request the volunteer fire companies, Police Department, public works department and any other department necessary in the Township to clean up and remove any discharge of hazardous substances or suspected hazardous substances (but not to exceed level one first responder awareness and first responder operational) which occurs within the Township of Warren, or outside the boundaries of the Township when authorized by agreement between the Township and any other governing body.
b. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CLEANUP AND REMOVAL COSTS
Shall mean all costs associated with a discharge of hazardous substances incurred by the Township or its authorized agents (1) in the removal or attempted removal of hazardous substances or suspected hazardous substances or (2) in the taking of reasonable measures to prevent or mitigate damage to public health, safety or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances or suspected hazardous materials into the waters, onto the lands or into the air, which may or does cause or it is reasonably believed will damage or result in damage to the lands, waters, air or natural resources.
HAZARDOUS SUBSTANCES
Shall mean such elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey (NJDEP) or as are defined in the National Fire Protection Association (NFPA) Guide of Hazardous Materials or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency; provided, however, that sewage and sewage sludge shall not be considered as hazardous substances for the purpose of this subsection. This definition also includes substances which the emergency management coordinator has reasonable reason to believe are hazardous substances.
PERSON
Shall mean public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals or any other entity.
PETROLEUM
Shall mean oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
c. 
Liability for Costs of Cleanup or Abatement of Discharges. Any person who causes, by act or omission, or is otherwise responsible for, a discharge of hazardous substances which requires cleanup or abatement by the Township or one of its fire companies shall be liable for the payment of all costs incurred by the Township and the responding department(s) as a result of such cleanup or abatement activity. The owner of real or personal property from which a discharge of hazardous substances occurs is responsible for the cost of cleanup or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
d. 
Determination of Costs; Fee Schedule. For the purposes of this subsection, costs incurred by the Township shall include but shall not necessarily be limited to the following: actual labor costs of the responding department's personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials. A fee schedule shall be established by resolution of the Township Committee as amended from time to time.
e. 
Cost of Materials. The cost of materials to be reimbursed to the Township shall include, without limitation, firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums and specialized protective equipment including acid suits, acid gloves, goggles and protective clothing. The reimbursement for the cost of materials expended, equipment damaged or supplies purchased to support operations at the cleanup or abatement will be billed at replacement cost plus a 10% administrative fee.
f. 
Notification of NJDEP. Upon obtaining any information that a hazardous discharge has occurred in the Township (unless previously notified of a hazardous discharge by NJDEP), the appropriate Township officials shall immediately notify NJDEP of such hazardous discharge in accordance with the requirements of all applicable NJDEP statutes and regulations.
a. 
This section is an exercise by the Township of its governmental function for the protection of public peace, health and safety. During an emergency, neither the Township nor agents and representatives of said Township, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this section, shall be liable for any damage sustained to persons or property as the result of said activity.
b. 
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the Township the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an emergency, shall not be civilly liable for the death of or injury to any persons on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to the property of such persons.
Any person, firm or corporation violating any provision of this section, or any rule or regulation promulgated thereunder, upon conviction thereof, shall be punished as a disorderly person in accordance with the provisions of N.J.S. App. A:9-50 et seq.
Should any provision of this section be declared invalid for any reason, such declaration shall not affect the validity of other provisions or of this section as a whole, it being the legislative intent that the provisions of this section shall be severable and remain valid notwithstanding such declaration.
At all times, when the orders, rules and regulations made and promulgated pursuant to this section shall be in effect, they shall supersede all existing sections, orders, rules and regulations insofar as the latter may be inconsistent therewith. This section is adopted to complement the New Jersey Emergency Management Act (N.J.S. App. A:9-33, et seq.) and regulations promulgated thereunder and must be read and interpreted in conjunction therewith. Any conflict found to exist between this section and the above statute will be resolved in favor of the statute.
As used in this section, the following terms shall have the meanings indicated:
a. 
LIMOUSINE — Shall mean and include any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state, and which is hired by charter for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specific place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this article contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the board of public utilities.
b. 
TAXICAB — Shall mean and include any automobile or motor car, commonly called taxi, engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the state.
c. 
PERSON — Shall mean and include any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
d. 
STREET — Shall mean and include any street, avenue, park, parkway, highway or other public place.
No person shall hire out or keep or use for hire or pay, or cause to be kept or used for hire or pay, any taxicab or limousine without first having obtained: (i) in the case of a taxicab, the consent of the Township Committee to operate the taxicab on the streets of the Township pursuant to N.J.S.A. 48:16-1, et seq., and submit a fee of $50 per vehicle; and (ii) in the case of a limousine, a license to operate from the Township Clerk pursuant to N.J.S.A. 48:16-13 to -22.1, and submit a fee of $50 per vehicle.
There shall be displayed on the exterior of the two front doors of each taxicab the name or trade name of the owner. The height of the lettering shall be at least three inches. No taxicab shall bear a name, monogram, insignia or color scheme in conflict with the name, monogram, insignia or color scheme used by any other person licensed hereunder in such a manner as to mislead or deceive the public. Taxicabs operated by one owner must be identical in color. Taxicabs which are granted municipal consent to operate upon Township streets will have the superior right to utilize their markings, color, etc., in the order in which the municipal consent is granted.
The taximeter of every taxicab shall be in proper condition and accurate. The face of the taximeter shall be illuminated by suitable light after sundown. No taximeter shall be approved unless the case thereof is sealed and gears are enclosed.
Taxicabs and limousines may be inspected by the Township police at any time for cleanliness, sanitary condition, mechanical safety for the transportation of passengers and general safety and fitness for public patronage.
Every taxicab shall record, in writing, the time and place each passenger is accepted and the time and place of discharge of the passenger. Such records shall be kept intact for one year from the date thereof. Such records shall be kept open for inspection at all times during the one-year period by a duly authorized representative of the Township Police Department.
No driver of any taxicab, in soliciting employment, shall so operate a taxicab as to interfere with or impede unnecessarily the movement of other vehicles or pedestrians. Employment may be solicited by driving through any public street or place at a rate of speed that will not interfere with or impede traffic. No passenger shall be solicited unless within six feet of a taxicab.
No taxicab passenger shall be accepted or discharged on a public street unless the said action can be done safely.
No taxicab may park in any public street or public place in the Township except in such place or places as may be designated by ordinance, resolution or regulation adopted in accordance with law. Only such taxicabs as are for hire may remain at designated taxicab stands while waiting for employment. After the first taxicab in line leaves the stand, those behind shall move up. Any other taxicab seeking parking space in such stand shall approach it only from the rear thereof.
The driver of any taxicab shall have the authority to demand payment of a fare in advance and may refuse employment unless such fare is so prepaid, but no driver of the taxicab shall otherwise refuse employment by an orderly person for transportation anywhere' in the Township or outside thereof. No driver of a taxicab shall carry any person other than the first passenger employing him without the consent of the first passenger.
No owner or driver of any taxicab or limousine shall induce any person to employ him by knowingly misinforming or misleading such person. No driver shall convey any passenger to any place or by any route other than the most direct route, unless otherwise directed by said passenger.
No owner or driver of any limousine may solicit patronage in any public street or public place in the Township.
[Ord. No. 89-29 § 1]
The driver of any taxicab or limousine, immediately after the termination of any hiring or employment, shall carefully search his taxicab or limousine for any property lost or abandoned therein. Such property, unless sooner claimed or delivered to the owner, shall be reported in writing by the driver or by the owner of the taxicab or limousine to the Police Department, giving particulars and a brief description of said property, within 24 hours after finding of the same. All such property not claimed within said twenty-four-hour period shall be turned over by such driver or owner of a taxicab or limousine to the property clerk of the Police Department.
[Ord. No. 89-29 § 1]
Nothing contained in this section shall prohibit the use of a taxicab or limousine for private purposes, provided that there is no solicitation of patronage.
[Ord. No. 89-29 § 1]
No person shall permit a taxicab or limousine driven or owned by him to be used for any illegal or immoral purpose.
[Ord. No. 89-29 § 1]
No taxicab or limousine business shall be operated within Warren Township in violation of the Township Zoning Ordinance. At the time a taxicab owner shall apply for a municipal consent to operate his taxicab over the Township streets, or a limousine owner applies for a certificate of compliance, he shall notify the Township Clerk of the street address from which his taxicab or limousine service will be conducted.
[Ord. No. 89-29 § 1; Ord. No. 05-36 § 2]
Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine not exceeding $1,250 or by imprisonment in the county jail for a term not exceeding 90 days, or both. Each day that a violation shall continue shall give rise to a separate offense.
[Ord. No. 91-10 § 1]
The Somerset County Park Commission's Rules and Regulations governing real property situated in Somerset County which is under the jurisdiction of the Somerset County Park Commission is hereby adopted by reference as if fully set forth herein. Such rules and regulations may hereinafter be amended by the Somerset County Park Commission from time to time and those amendments are hereby adopted as if fully set forth herein.
[Ord. No. 91-10 § 1]
The Police Department of the Township of Warren is hereby empowered to enforce the Somerset County Park Commission's Rules and Regulations on behalf of the Somerset County Park Commission on real property situated in the Township of Warren, Somerset County Park Commission. In addition, the said police are also empowered to enforce all Warren Township Ordinances on the said properties.
[Ord. No. 91-10 § 1]
In the event that an ambiguity exists between a Warren Township Ordinance and a rule or regulation of the Somerset County Park Commission, that ambiguity will be resolved in the favor of the Township ordinance. In the further event that a conflict exists relative to a Warren Township Ordinance and a rule or regulation of the Somerset County Park Commission, the rule or regulation shall take precedence.
[Ord. No. 91-25-§ 1; Ord. No. 2002-22 § 1; Ord. No. 2018-28]
In accordance with and pursuant to the authority of L. 1988 c. 44 (C. 2C:35-7), the drug-free school zone map entitled "500 feet Radius Municipal Park & Building Drug Free Zone Map" prepared by the Warren Township Engineering Department, dated July 31, 2018, and the 1,000 feet radius drug zone map entitled "1,000 feet Radius School Drug Zone Composite Map" prepared by the Warren Township Engineering Department, dated July 31, 2018, which maps are on file in the office of the Warren Township Engineer, are hereby approved and adopted as an official finding and record of the location and areas within the Township of Warren of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property.
[Ord. No. 91-25 § 2]
The drug-free school zone map approved and adopted pursuant to subsection 3-19.1 of this section shall continue to constitute an official finding and record as to the locations and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and the drug-free school zones.
[Ord. No. 91-25 § 3]
The school board or the chief administrative officer in the case of any private or parochial school is hereby directed and shall have the continuing obligation to promptly notify the Township Engineer and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property used for school purposes which is owned or leased to any elementary or secondary school or school board.
The Township Clerk is hereby directed to receive and to keep on file the original of the map or a true copy approved and adopted pursuant to subsection 3-19.1 of this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may from time to time request such a copy, along with the certification that such copy is a true copy of the map approved and adopted herein and kept on file in the Township. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the county clerk to the Office of the Somerset County Prosecutor, and to the Warren Township Municipal Court.
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-19.1 of this section was prepared and is 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:
1. 
The location of school administration buildings, elementary and secondary schools within the Township;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within the 1,000 feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for the school purposes as of July 9, 1987, that being the effective date of L. 1987 c. 101 (C 2C:35-7) [Except as is otherwise expressly noted on the face of the approved and adopted map.]
c. 
Pursuant to the provision of the Public Laws of 1988, Chapter 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish any element of this offense defined in that statute; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than the one which has been approved and adopted pursuant to subsection 3-19.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of an inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in the Public Laws of 1988, Chapter 44 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
In accordance with and pursuant to the authority of L. 1997 c. 327 (N.J.S.A. 2C:35-7.1), the drug-free Public Park and Public zone map entitled: "500 feet Radius Municipal Properties Drug Zone Composite Map," prepared by Richard J. Naberezny. P.E. & L.S., dated May 15, 2002 (said map being on file in the office of the Warren Township Engineer), is hereby approved and adopted as the official finding and record of the locations and boundaries of the areas on or within 500 feet of public parks and public buildings located in the Township of Warren. Pursuant to N.J.S.A. 2C:35-7.1, the map approved pursuant hereto may be changed from time to time by the Township of Warren.
The maps referenced in subsection 3-20.1 shall constitute prima facie evidence of the location and boundaries of the public parks and public buildings located within the Township of Warren for the purposes of N.J.S.A. 2C:35-7.1.
The originals of all maps approved or revised pursuant to this section, or a true copy thereof, shall be filed with the Clerk of Warren Township and shall be maintained as an official record of the municipality. The Township Clerk shall provide, at the rates established, a true copy of the aforesaid maps to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the maps approved and adopted herein and maintained in the Clerk's office. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the county clerk, to the office of the Somerset County Prosecutor, to the Warren Township Municipal Court and to any other governmental entity requesting the same.
a. 
PUBLIC BUILDING — Shall mean any publicly owned or leased library or museum.
b. 
PUBLIC PARK — Shall mean a park, recreation facility or area or playground owned or controlled by the Township of Warren.
Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the criminal offenses referenced above; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than the maps approved and adopted herein by the Township of Warren, provided that the said map or diagram is otherwise admissible pursuant to the Rules of Evidence.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 89-27, 02-12 and 03-16.
For violation of any provision of the Revised General Ordinances of the Township of Warren, or any other ordinance of the Township, where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding $2,000, or imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof.
Except as otherwise provided, each and every day in which a violation of any provision of this code or any other ordinance of the Township exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
The Township Committee may prescribe that, for the violation of any particular code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
Any person or entity who is convicted of violating an ordinance within one year of the date of a previous violation shall be sentenced to an additional fine as a repeat offender. The additional fine imposed upon a person or other entity for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
Any person convicted of the violation of any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[Ord. No. 08-24]
For penalties and fines imposed in excess of $1,250 upon an owner for violations of housing or zoning codes, there shall be provided a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise, or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. No. 08-24]
Upon conviction of a violation of any provisions of this code or any other ordinance of the Township pertaining to unlawful solid waste disposal, shall have a maximum penalty for such violation not exceeding $10,000, unless otherwise provided therein.
[Ord. No. 05-22; Ord. No. 2016-13; amended 11-14-2019 by Ord. No. 19-50]
As used in this section, the following terms shall have the following meanings:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
PARKS, RECREATION FACILITIES AND BUILDINGS
All public parks, playgrounds, buildings, open space areas or ball fields, publicly owned or leased by the Township of Warren (including recreational areas and parks leased by the Township from the County of Somerset), upon which the public is invited or upon which the public is permitted and where individuals gather for any governmental purposes, recreational activities, including all areas adjacent to such facilities including, but not limited to, parking areas, driveways or driveway aisles.
SCHOOL ZONE
Any and all property owned by or leased to a public or private elementary, middle or secondary educational institution within the Township of Warren, and any buildings or structures thereon, which is used for school purposes, and shall include public lands or public rights-of-way within a radius of 1,000 feet of such school property. "School zone" shall not include private property where there is no public right-of-way which may fall within 1,000 feet of such school property.
SMOKING
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, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
SMOKING PRODUCT, DEVICE AND PARAPHERNALIA
All tobacco products, including, but not limited to, cigars, cigarettes, or any other matter or substance which contains tobacco or any other matter that can be smoked, or any device, pipe, electronic smoking device or other paraphernalia that can be used to inhale smoke or vapor.
TOWNSHIP PROPERTIES AND BUILDINGS
Any and all real properties publicly owned or leased by the Township of Warren and any buildings thereon upon which the public is invited or upon which the public is permitted, including, but not limited to, parking areas, driveways or driveway aisles.
Smoking is and shall be prohibited in all areas, public or private, interior and exterior, at the all Warren Township Parks, recreational facilities and buildings, and Township properties and buildings, and "Smoking Prohibited" signs with letters at least one inch in height or designated by the appropriate international symbol shall be located throughout the Parks, recreational facilities and buildings and Township properties so as to notify and be clearly visible to the public and employees therein.
a. 
Smoking is and shall be prohibited within a school zone in the Township of Warren.
b. 
Notwithstanding the foregoing, it shall also be a violation of this section for a person under 21 years of age to have a smoking product, device and paraphernalia in their possession within a school zone.
Violation of this section will be treated as follows: 1) a first violation shall, upon conviction, result in a fine of up to $100; 2) a second violation shall, upon conviction, result in a fine of up to $250; and 3) a third violation shall, upon conviction, result in a fine up to $500, and/or a period of community service up to 30 days, and/or imprisonment in the county jail or other method of detention for a term not exceeding 30 days.
[1]
Editor's Note: Former section 3-23, Sex Offender Residency Restrictions, previously codified herein and containing portions of Ordinance No. 05-30, was repealed in its entirety by Ordinance No. 09-20.
[Ord. No. 05-33]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Warren, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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.
a. 
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — 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 Township of Warren or other public body, and is designed and used for collecting and conveying stormwater.
b. 
PERSON — Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
c. 
STORMWATER — 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.
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Township of Warren is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters).
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscape and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residential salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
This section shall be enforced by the Township Police Department, Township Zoning Officer, Township Health Officer and/or the Township Construction Official.
Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to the penalties set forth in section 3-21.
The purpose of this section is to establish requirements for the proper handling of yard waste in the Township of Warren, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this section, the following terms, phrases and words shall have the meanings stated herein.
a. 
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.
b. 
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 be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
c. 
YARD WASTE — Shall mean branches, leaves, grass clippings, and other vegetative debris.
a. 
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 within 15 feet of an inlet to the Township's stormwater sewer system.
b. 
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 wastes in the street, unless the yard waste is containerized. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said property owner shall be deemed in violation of this section.
This section shall be enforced by the Health Officer or the Warren Township Police Department.
Any person, firm, corporation or other entity which violates or neglects to comply with this section shall be subject to a fine of not less than $25 upon a first conviction; not less than $100 upon a second conviction; and not less than $300 upon a third or subsequent conviction.
Members of the general public have the right to videotape portions or all of an open public meeting of the governing body - excluding closed or executive session discussions. These guidelines are intended to ensure that the right of the public to videotape official public meetings of the governing body does not interfere with the business of the governing body or other citizens' right of access to the proceedings.
To minimize the possibility of disrupting the public meeting of the governing body, any member of the public (a "citizen") who wishes to videotape portions or all of the public meeting must do so in accordance with the following guidelines:
a. 
The citizen must provide the Clerk of the municipality with no less than 10 minutes verbal notice prior to the public meeting of his intention to exercise his right to videotape.
b. 
The citizen must have completed setup of his videotape recorder and any related equipment by no less than five minutes prior to the official start time of the public meeting. As to the location of the videotape recorder and equipment, the same may only be set up by the citizen in the rear of the meeting room, as such location will be specifically identified to the citizen by the Clerk.
c. 
The video recorder and any associated equipment utilized by the citizen must be compact, quiet, and generally unobtrusive. No more than one videotape recorder, and no added lighting may be used by any citizen. The videotape recorder and all associated equipment may not take up more than 20 square feet of space. No citizen is permitted to use any videotape recorder or associated equipment that makes any beeping sounds or other noises. Should beeping sounds or any other noise emanate from the videotape recorder or associated equipment at any time during the public meeting, the citizen shall be required to cease videotaping immediately.
d. 
If the videotape recorder or associated equipment requires connection to electricity, the connection to electricity may be made only by a standard plug which can easily and properly connect to the nearest electricity socket. If at any time the videotape recorder or associated equipment "blows a fuse" or causes a loss of power in the meeting room, the citizen must immediately cease videotaping and shall not be allowed to continue videotaping with any recorder or equipment that requires connection to electricity.
e. 
The citizen may not disrupt the public meeting with his recording equipment. The citizen may not set up or use the videotape recorder or equipment in such a way as to block or obstruct the view of other members of the public of the governing body proceedings. The videotaping by the citizen may only be done in a manner that does not violate the disorderly conduct ordinance, and must be generally orderly and unobtrusive. The citizen may not continually exit and reenter the meeting room, or continuously move around within the meeting room, during the public meeting. The citizen must remain with the videotape recorder and equipment at all times, except for any period of time during which the citizen is making a comment in his turn during any public comment portion of the public meeting. The citizen may not "narrate" the proceeding, or speak into any videotape recorder or microphone. The citizen may not engage in any verbal conversation, discourse or comment whatsoever, unless the citizen is making a formal comment in his turn during any public comment portion of the public meeting.
f. 
If the citizen chooses to cease videotaping at any time during the public meeting, he may do so; provided that the citizen may not commence removal (except for a hand-held videotape recorder) or begin to disassemble any videotape recorder or associated equipment until there is a break of at least five minutes of the public meeting or until the public meeting has concluded.
As used in this section, the following words shall have the following meanings:
MUNICIPAL PROPERTY
Shall mean all publicly owned or leased buildings or structures.
PARKS AND RECREATIONAL FACILITIES
Shall mean all public parks, playgrounds, or ball fields, publicly owned or leased by the Township of Warren upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities including, but not limited to, any parking areas, driveways or drive aisles.
SMOKING
Shall mean the inhaling, burning or carrying of any lighted cigarette, cigar, pipe, electronic cigarette or other similar devices that contain tobacco and/or other similar devices that burn tobacco or similar products.
Smoking is prohibited in and about any municipal property, or within 35 feet thereof, and in or on any park or recreational facility. A sign indicating that such property is a designated smoke-free zone shall be clearly and conspicuously posted at all locations where smoking is prohibited by this section.
This section shall be enforced by the Police Department and/or the Health Officer of the Township of Warren.
Any person observed to be in violation of this section shall be subject to a fine pursuant to N.J.S.A. 2C:33-13.1b and/or N.J.S.A. 26:3D-62 as same may be amended from time to time.
As used in this section, the following terms shall have the meanings indicated pursuant to N.J.S.A. 40:48-2.4:
BUILDING
Shall mean any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
GOVERNING BODY
Shall mean the Township Committee of the Township of Warren.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Shall mean any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations, or to other activities concerning buildings in the municipality.
PUBLIC OFFICER
Shall mean the officer, officers, board or body who is or are authorized by this section of the Revised General Ordinances of the Township of Warren to exercise the powers prescribed by N.J.S.A. 40:48-2.3 et seq. Notwithstanding any other provision of law to the contrary, nothing shall prevent the Township from designating more than one public officer for different purposes as provided by law. The following public officers shall be appointed by action of the governing body:
a. 
A public enforcement officer, who shall perform the duties of the public officer as set forth in this section, except for those duties which are to be performed by the unfit building hearing officer.
b. 
A public hearing officer, who shall hold hearings and issue orders in accordance with subsections 3-28.3 and 3-28.4 herein.
a. 
For the purposes of this section, pursuant to N.J.S.A. 40:48-2.6, the public enforcement officer may determine that a building is unfit for human habitation or occupancy or use if the public enforcement officer finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings, or other residents of the Township of Warren. Such conditions may include, but shall not be limited to, the following:
1. 
Defects therein increasing the hazards of fire, accident, or other calamities;
2. 
Lack of adequate ventilation, light or sanitary facilities;
3. 
Dilapidation, disrepair or structural defects;
4. 
Uncleanliness;
5. 
Failure to comply with the requirements of the building code or the certificate of occupancy.
Whenever a petition is filed with the public enforcement officer by a public authority as defined in subsection 3-28.1 herein, or by at least five residents of the Township of Warren, charging that any building is unfit for human habitation or occupancy or use in accordance with subsection 3-28.3, or whenever it appears to the public enforcement officer, on his own motion, that any building is unfit for human habitation or occupancy or use, the public enforcement officer shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building, a complaint stating the charges, which complaint shall include a notice that (i) a hearing will be held before the public hearing officer at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint: (ii) the owner and parties in interest shall be given the right to file an answer to the complaint, and to appear in person, or otherwise, and give testimony at the place fixed in the complaints; and (iii) the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings held pursuant to this section.
If, after such notice and hearing, the public hearing officer determines that the building under consideration is unfit for human habitation or occupancy or use, the public hearing officer shall state in writing any findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order requiring:
a. 
The repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or to have said building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve said building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in the order.
If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the public enforcement officer may cause such building to be repaired, altered or improved, or to be vacated and closed. The public enforcement officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the public enforcement officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
a. 
The amount of:
1. 
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section determined in favor of the Township of Warren; and
2. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
b. 
If the building is removed or demolished by the public enforcement officer, the public enforcement officer shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amounts so due shall be filed with the Township tax collector or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the public enforcement officer, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order or judgment of the court, to the persons found to be entitled thereto by final order or judgment of such court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public enforcement officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this section intended to limit the authority of the enforcing agency or construction official under the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any rules or regulations adopted thereunder.
Complaints or orders issued by the public officers pursuant to this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by said public officers in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the Township of Warren or, in the absence of such newspaper, in a newspaper printed and published in Somerset County and circulating in the Township. A copy of the complaint or order shall be posted in a conspicuous place on their premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded in the office of the Somerset County Clerk.
Any person aggrieved by an order issued by the public hearing officer under this section may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the public enforcement officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy provided herein shall be exclusive, and no other person affected by an order of the public hearing officer shall be entitled to recover any damages for action taken pursuant thereto or because of noncompliance by any person with any order of the public hearing officer.
a. 
The public officers are hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, according to their duties as set forth herein, including the following powers:
1. 
To investigate the building conditions in the Township of Warren in order to determine which buildings therein are unfit for human habitation or occupancy or use;
2. 
To administer oaths, affirmations, examine witnesses and receive evidence;
3. 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner to cause the least possible inconvenience to persons in possession;
4. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section;
5. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate;
Any action taken using revenues derived from the local property tax shall be taken only after advertisement for, and receipt of, bids therefor, pursuant to the provisions of the "Local Public Contracts Law," N.J.S.A. 40A11-1 et seq. unless the action is necessary to prevent imminent danger to life, limb or property.
The Township Administrator or his designee shall prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in the Township for the purpose of determining the fitness of such buildings for human habitation, occupancy or use, and for the enforcement and administration of its ordinances adopted under N.J.S.A. 40:48-2.3 et seq.; and the Township is hereby authorized to make such appropriations from its revenues as it may deem necessary for this purpose and may accept grants or donations to assist it in carrying out the provisions of this section.
[Ord. No. 2016-02]
The purpose of this section is to promote and protect the public health through the control of the growth of invasive plant species.
[Ord. No. 2016-02]
As used in this section, the following terms shall have the meanings indicated:
INVASIVE PLANT SPECIES
Shall mean all native and non-native vines and vegetation that grow out of place and are competitive, persistent and pernicious. These plants may damage trees, vegetation or structures. Examples include, but are not limited to, bamboo (spreading or running type), ragweed, multi flora rose, kudzu-vine and poison ivy or oak.
[Ord. No. 2016-02]
All persons must control the growth of invasive plant species. Failure to control the spread of such vegetation beyond the boundaries of a resident's property is a violation of this section.
[Ord. No. 2016-02]
All places and premises in the Township of Warren shall be subject to inspection by the enforcing officer. For purposes of this section, the enforcing officer shall be the Zoning Officer. Such inspections shall be performed by the Zoning Officer or his or her designated municipal employee. Such inspection shall be made if the Zoning Officer has reason to believe that any subsection of this section is being violated.
[Ord. No. 2016-02]
a. 
Whenever an invasive plant species (as defined by this section) is found on any plot of land, lot or any other premises or place, and is found to lack appropriate physical barriers to prevent the spread or growth of the species, or is found to have spread beyond the boundaries of a property, a violation, in writing, shall be given by the Zoning Officer to the owner of the property from which the invasive plant species has spread, directing the owner to remove or abate the same within such time as shall be specified therein. The violation shall be served upon the property owner of record by regular and certified mail or by personal service.
b. 
In the event a property owner fails to correct a notice of violation within the time specified in the notice of violation, the Township (by and through those municipal personnel deemed necessary and appropriate by the Zoning Officer) may thereafter enter upon the property and remove or abate the invasive plant species. The property owner shall be responsible for all costs incurred by the Township in correcting the violation and bringing the property into compliance. The Township may also place a municipal lien against the property for all costs incurred by the Township in bringing the property into compliance. The amount of the lien shall be authorized by resolution adopted by the Township Committee, and shall be added to and become a part of the taxes next to be assessed and levied upon the property, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 2016-02]
a. 
Any person violating the provisions of this section shall be subject to the violations and penalties set forth herein.
b. 
Any person violating the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $1,000 or community service as determined by the Municipal Court. The continuation of such violation for each successive day shall constitute a separate offense.
c. 
In addition to the penalties set forth herein, any person who violates the provisions of this section shall be liable for any damages caused to any adjoining property, including, but not limited to, the cost of removal of the invasive plant species extending onto the adjoining property, as well as the repair and replacement of any property damaged by the invasive plant species.
[Ord. No. 2016-02]
All new in-ground plantings of invasive plant species are strictly prohibited. All existing plantings must be contained by appropriate physical barriers to prevent the growth or spread of existing invasive plant species beyond the boundaries of a resident's property.
[Ord. No. 2016-02]
This section shall not apply to Township owned property or Township conservation easements.
[Ord. No. 2017-26]
The purpose of this section is to promote the general safety and welfare of the Township of Warren by establishing an Internet Purchase Exchange Location on municipal property in an effort to promote safer transactions regarding in-person sales and exchanges originating from the internet.
[Ord. No. 2017-26]
a. 
The Township of Warren hereby establishes an Internet Purchase Exchange Location for conducting in-person private transactions that involve Township residents, which are facilitated through the internet, to be located on Township property subject to the following restrictions:
1. 
The sale or transfer of items shall be of legal items only;
2. 
Private exchange of motor vehicles and/or weapons shall not be permitted;
3. 
The Township will not provide police personnel or staff to witness any transaction, but the proximity of video surveillance and police personnel is meant to increase the public's peace of mind when engaging in such transactions with unfamiliar individuals in the Internet Purchase Exchange Location;
4. 
The Township makes no guarantees, assurances or promises with respect to the conditions or authenticity of any items exchanged between private parties, or as to the safety or security of any in-person transactions that may take place on the Township property.
5. 
The Township makes no guarantees, assurances or promises as to the availability of the Internet Purchasing Exchange Location at any particular date or time;
6. 
The Township encourages all persons to bring a cell phone in case of an emergency, to notify friends and/or family of the intention to meet to conduct such a transaction, and to reconsider any transaction with someone who refuses to meet at the Internet Purchase Exchange Location;
7. 
Each use of the Internet Purchase Exchange Location is limited to 15 minutes per transaction.
8. 
Any individual in violation of this section shall be subject to general penalties established in section 3-21 of the Revised General Ordinances of the Township of Warren.
[Ord. No. 2017-26]
a. 
The Chief of the Warren Township Police Department shall designate one parking space adjacent to the Police Department's headquarters as the. Township's Internet Purchase Exchange Location. Additionally, the area will be monitored 24 hours a day, seven days a week by surveillance cameras.
b. 
The Chief of the Warren Township Police Department shall ensure that a sign is placed near the Internet Purchase Exchange Location to notify residents of the existence of same. The parking space shall also be painted with green lines to provide additional notification.