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.
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.
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 of fish 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).
[Added 12-14-2023 by Ord.
No. 23-21]
a.
It is recognized by the Township that preference to use the Township of Warren pavilion, athletic fields (grass and synthetic turf), tennis courts and basketball courts (collectively the "Township Recreation Facilities') is given to that person, those persons or those entities (profit or not-for-profit) who have secured a permit from the Recreation Department (hereinafter "Permittees") pursuant to Subsection 2-20.5 of Chapter II of the Township Code. If a permit has been secured by a Permittee, no person(s) or organization (profit or not-for-profit) shall have preference to use the Township Recreation Facilities during the time frame afforded such Permittee pursuant to the issued permit from the Recreation Department. For clarification purposes, the use of Township Recreation Facilities for open or unrestricted recreational use shall be permitted unless (i) a permit for the same period of time has been secured by a Permittee, or (ii) a Township-sponsored recreational program has been scheduled for the same period of time.
b.
Any refusal to comply with this subsection shall authorize the issuance
of a summons by the Recreation Department Director (or his or her
designee) and/or officers of the Warren Township Police Department.
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.
GUARDIAN
RELATIVE
As used in this section, the following definitions will apply:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
Shall mean the underaged person's grandparent, aunt 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.
CLEANUP AND REMOVAL COSTS
DISCHARGE
HAZARDOUS SUBSTANCES
PERSON
PETROLEUM
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
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.
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.
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.
Shall mean public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies, individuals
or any other entity.
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.
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:
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.
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.
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.
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.
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.
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.
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:
Shall mean all publicly owned or leased buildings or structures.
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.
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:
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.
Shall mean the Township Committee of the Township of Warren.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
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.
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.
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.
[Amended 7-15-2021 by Ord. No. 21-18]
[Ord. No. 2016-02; amended 7-15-2021 by Ord. No. 21-18]
The purpose of this section is to promote and protect the public
health through the control of the growth of invasive plant species
and trees.
[Ord. No. 2016-02; amended 7-15-2021 by Ord. No. 21-18]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean all native and non-native vines and vegetation
that grow out of place and are competitive, persistent and pernicious,
or trees which are native or non-native to this country or region
of the country, whose vines produce chemicals that prevent the growth
of other plants and serve as a primary food source to an invasive
species of insects. These plants and trees may damage other 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, ash trees and the Ailanthus altissima tree
(a/k/a the “Tree of Heaven”).
[Ord. No. 2016-02; amended 7-15-2021 by Ord. No. 21-18]
All persons must control the growth of invasive plant species
and trees. Failure to control the spread of such vegetation and trees
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; amended 7-15-2021 by Ord. No. 21-18]
a.
Whenever an invasive plant or tree 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 or tree 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 or trees. 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 or tree species extending onto the
adjoining property, as well as the repair and replacement of any property
damaged by the invasive plant or tree species.
[Amended 7-15-2021 by Ord. No. 21-18]
[Ord. No. 2016-02; amended 7-15-2021 by Ord. No. 21-18]
All new in-ground plantings of invasive plant or tree species
are strictly prohibited. All existing plantings or trees must be contained
by appropriate physical barriers to prevent the growth or spread of
existing invasive plant or tree 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.
[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.
