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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 10-69 § 1; Ord. No. 2005-022 § 1]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
LITTER
Shall mean garbage, refuse or rubbish, including, without limitation, any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable of the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association or political subdivision of this State subject to municipal jurisdiction.
PUBLIC PLACE
Shall mean and include any street as hereinafter defined, and any land owned by the Township, including any park, playground or recreation area.
REFUSE
Shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles, parts of motor vehicles, scrap metal, junk, parts of machines, and solid market and industrial wastes.
RUBBISH
Shall mean all 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, building materials and other similar materials.
SIDEWALK
Shall mean any pedestrian walkway within a street right-of-way.
STREET
Shall mean any street or road shown upon the Tax Map of the Township and shall include all parts of the full right-of-way thereof as shown thereon.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris.
[Ord. No. 10-69 § 2; Ord. No. 2005-022 § 2]
No person shall throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
[Ord. No. 10-69 § 3; Ord. No. 2005-022 § 2]
No person, while a driver or passenger in a vehicle or boat, shall throw, drop, discard, or allow to fall from a vehicle or boat, any litter upon any street, sidewalk, waterway, or other public or private property within the Township.
[Ord. No. 10-69 § 4]
The owners of improved properties within the Neighborhood Business Zones as established and defined by the Township Zoning Ordinance shall keep and maintain their respective properties free from litter including all walkways, driveways, parking areas and landscaped areas. The owners shall also keep and maintain the sidewalks abutting their respective properties free from litter.
[Ord. No. 10-69 § 5]
The owners or occupants of property shall keep and maintain the sidewalks abutting their respective properties free from litter.
[Ord. No. 10-69 § 6]
No person shall sweep or otherwise place any litter in any street or gutter.
[Ord. No. 10-69 § 8; Ord. No. 4-90 § 1]
The owners of properties within the Township shall keep and maintain their respective properties free from litter.
a. 
Containerization of Litter. Each owner or occupant of a property within the Township, whether residential or commercial, shall provide covered or enclosed litter receptacles adequate for the containerization of all garbage, refuse, and other litter resulting from the use or occupancy of the property, and no owner or occupant of a property shall at any time permit or allow any overflowing litter receptacle.
b. 
Construction Sites. No person in charge of or responsible for any construction work on any lot within the Township shall permit or allow the accumulation of any litter or waste building materials on such lot, nor shall such person store any construction materials, waste building materials or litter outside of any building in a manner that is likely to cause any of the foregoing to be carried by the forces or nature onto any adjacent property or street right-of-way.
[Ord. No. 2005-022 § 3]
This section shall be enforced by the Police Department, the Township Engineer, the Construction Official, the Zoning Officer and such other persons as may be designated by the Township Administrator.
[Ord. No. 2005-022 § 3]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalties set forth at § 1-5, General Penalty, of the Revised General Ordinances of the Township of Chatham.
[Ord. No. 10-69 § 9; Ord. No. 13-77 § 1]
Whenever the Mayor shall determine that it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from any property within the Township or destroy brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the Mayor may serve upon the owner or tenant of such property a written notice to remove or destroy the material or materials enumerated in the notice within 10 days after the receipt of such notice.
[Ord. No. 10-69 § 9; Ord. No. 13-77 § 1]
In the event that the owner or tenant refuses or neglects to remove or destroy the material or materials enumerated in the notice within 10 days after receipt of the notice, then the Mayor shall arrange for the removal or destruction. Upon completion of the removal or destruction the Mayor shall certify the cost thereof to the Township Committee, which shall examine such certificate and, if found to be correct, shall cause the costs to be billed to the owner of the property involved as such owner appears from the latest Township tax records. Unless promptly paid the costs shall be charged against the subject property, and the amount so charged shall become a lien and tax upon the property and be added to and be part of the taxes next to be assessed and levied thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[Ord. No. 10-69 § 7]
No person shall distribute or deliver any handbill, circular, or other printed matter in any manner that is likely to cause such handbill, circular or printed matter to become windblown or to fall upon any street, public place or private property within the Township.
No person shall distribute or deliver any handbill, circular or other printed matter by placing it upon any windshield of any motor vehicle regardless of whether or not the handbill, circular or printed matter is placed between the windshield and windshield wiper.
[Ord. No. 10-69 § 10]
No person shall post or affix any notice or poster upon any lamp post, public utility pole or tree.
[Ord. No. 10-69 § 11]
As used in this section:
SHOPPING CART
Shall mean any wheeled carrier provided by the owner or operator of a store for the use of customers in transporting goods or merchandise.
[Ord. No. 10-69 § 11]
Any person who shall furnish shopping carts shall cause each shopping cart to be conspicuously marked with the name of the store and with the following notice:
"Removal of this cart from these premises is prohibited by law (Chatham Township Ordinance 10-69)"
[Ord. No. 10-69 § 11]
Any person who shall furnish shopping carts shall provide an adequate and suitably located place within a building for the storage of such carts while not in use.
[Ord. No. 10-69 § 11]
Any person who shall furnish shopping carts shall not cause, permit or suffer any such cart to stand empty upon sidewalks, walkways, driveways or parking areas for any period of time greater than is reasonably necessary for the collection of such cart and the return of such cart to its place of storage within a building. For purposes of this provision, a period of three hours shall be deemed to be the time reasonably necessary for the collection of a shopping cart and return to its place of storage.
[Ord. No. 10-69 § 11]
No person shall operate, use or leave any shopping cart on any street or sidewalk within the Township, nor shall any person remove any shopping cart from the property upon which is located the store providing such cart.
[Ord. No. 24-88 §§ 1, 2; Ord. No. 2000-020 § 1; Ord. No. 2004-020 § 1; Ord. No. 2005-019 § 1]
In accordance with authority granted pursuant to N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the map prepared by John K. Ruschke, P.E., Township Engineer, of Hatch, Mott, MacDonald, I&E, LLC, captioned "Drug-Free School and Public Facility Zone Map", dated August 2, 2005, is hereby approved as the official finding and record of the location and boundaries within the Township of Chatham of the area on or within 1,000 feet of school property and of the area on or within 500 feet of public housing facilities, parks and buildings, as designated thereon.
[Ord. No. 24-88 § 3; Ord. No. 2000-020 § 2; Ord. No. 2004-020 § 2; Ord. No. 2005-019 § 2]
The original of the aforesaid map shall be filed with and maintained by the Municipal Clerk of the Township. Upon request, the Municipal Clerk shall provide, at a reasonable cost, a certified copy thereof together with a copy of this ordinance to any person, agency or court; provided that, if such copies are requested by the Morris County Clerk or the Morris County Prosecutor, same shall be provided without cost.
[1]
Editor's Note: A copy of this map is included as an attachment to this chapter.
[Ord. No. 24-88 § 5; Ord. No. 2004-020 § 3; Ord. No. 2005-019 § 3]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-5.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of the State, and that pursuant to State law such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools and public parks and buildings within the Township;
2. 
The boundaries of the real property which is owned by or leased to such schools or School Board, or owned or controlled by a State, County or local government unit, as the case may be;
3. 
That such school or public property is and continues to be used for school or public purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property and within 500 feet of public parks or buildings.
b. 
As of the date of this map, August 2, 2005, approved and adopted hereby, all of the property depicted thereon as school property was owned by or leased to a school or School Board and was being used for school purposes and all of the property depicted thereon as public parks and buildings was owned or controlled by a State, County or local government unit and was being used for such purposes.
c. 
Pursuant to the provision of N.J.S.A. 2C:35-7 and N.J.S.A. 2:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in said statutes, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-5.1. The failure of the map approved hereby 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, or used as a public park or building and which is owned or controlled by a State, County or local government unit, whether the absence of such depiction is the result of 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 map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school, School Board, or not owned or controlled by a State, County or local government unit, or that such property is not used for school purposes or as a public park or building, as the case may be.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free School and Public Facility Zone Map have been complied with.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos 14-63, 12-76, 96-16, 2001-16, 2003-011, 2007-09, 2007-11. See map included as an attachment to this chapter.
[Ord. No. 2017-17]
As used in this section:
CHIEF OF POLICE
Shall mean the Chief of the Police Department of the Township of Chatham.
FIREARM
Shall mean any gun, shotgun, rifle, air rifle, pistol, revolver or other device from which a shot is fired by explosive force.
GAME
Shall mean any wild bird, animal or fowl.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris, New Jersey.
WEAPON
Shall mean any firearm, bow and arrow, slingshot, or like device.
[Ord. No. 2017-17]
Except as provided in Subsections 3-6.3 and 3-6.4 below, no person shall at any time within the Township use, discharge or fire any firearm or weapon.
[Ord. No. 2017-17]
Nothing contained in this § 3-6 shall be interpreted to prohibit the use or discharge of firearms or weapons in connection with any of the following activities:
a. 
Target practice with bow and arrow on private property owned or leased by the persons engaged in such practice or their guests;
b. 
Trap shooting or skeet shooting with shotguns at shooting facilities complying with the following safety standards and conditions:
1. 
No shooting station shall be located within 300 yards of any of the following: any public street or highway; any dwelling or other structure occupied or used by persons or domestic animals; any park or recreation lands, whether public or private, which are used by persons or domestic animals.
2. 
A safety shot fall zone semi-circular in shape shall be provided on the same property with the shooting stations, which zone shall have a radius of not less than 300 yards measured from the central shooting station. All land in this safety zone which is within 100 yards of the center shooting station shall be cleared. Conspicuous warning signs shall be maintained along the outer limits of this safety zone.
3. 
Structures housing traps shall be located and constructed so as to provide complete protection for operators.
4. 
A fence or other barrier shall be maintained to keep spectators at least 75 feet behind any shooting station.
5. 
Only shotguns shall be permitted at any trap or skeet shooting facility. Only shot no larger than No. 4 fine shot may be used. Solid projectiles shall not be discharged from any shotgun at any time.
6. 
A trap or skeet shooting range shall be operated only during daylight hours.
7. 
At all times during the operation of a trap or skeet shooting facility, the facility shall be under the immediate supervision and control of a person qualified in safety procedures in accordance with standards established by the National Rifle Association.
8. 
No alcoholic beverages shall be permitted at or in the vicinity of a shooting facility on any day when the facility is in operation.
9. 
No firearms or ammunition shall be stored at any shooting facility at any time when the facility is not in operation. In order to assure compliance with the foregoing safety standards and conditions, no trap or skeet shooting facility shall be operated in the absence of written approval issued by the Chief of Police after inspection of the facility. Such an approval shall remain in effect until revoked. If at any time the Chief of Police finds that the foregoing safety standards or conditions are not being complied with, then the Chief of Police may revoke the approval by a written notice setting forth the violation or violations, which notice shall be delivered to the owner of the property upon which the facility is located. The facility shall not be again operated until any violations are corrected and a new written approval has been issued by the Chief of Police.
c. 
The operation of a commercial pheasant, wild turkey, quail and partridge-shooting preserve from time to time licensed by the Division of Fish and Game in the Department of Environmental Protection of the State of New Jersey in accordance with N.J.S.A. 23:3-29, provided that owner or tenant of the land used for such preserve first files from time to time with the Chief of Police a statement regarding any license issued, the expiration date thereof and the tract of land subject of the license; or
d. 
The control by farmers and fruit growers of certain animals destructive to crops, produce and poultry as provided in N.J.S.A. 23:4-9, 25 and 42 or other statutes of the State of New Jersey, provided that the owner or tenant of any property where such control will be carried on first files a statement to that effect with the Chief of Police.
e. 
The harassment of waterfowl on any property larger than five acres by the owner or occupier thereof by the use of shellcrackers discharged from a firearm, provided that the owner or occupier of such property where such harassment will take place first files a statement to that effect with the Chief of Police.
f. 
Deer hunting with bow and arrow, subject to the following safety standards and conditions:
1. 
Any person proposing to engage in deer hunting within the borders of the Township of Chatham shall first obtain a permit from the Police Department of the Township of Chatham allowing the discharge of a bow and arrow for deer hunting.
2. 
Permits shall only be issued to individuals possessing a valid New Jersey State deer bow hunting permit, and shall be limited to no more than 20 permits per day.
3. 
Discharges of bow and arrow for deer hunting may only take place from tree stands.
4. 
Discharges of bow and arrow for deer hunting may not take place on properties within the R-3, R-4, R-5, R-6A, R-6B and R-6C Residential Districts as described on the Zone Map of the Township of Chatham, nor where permission has not been obtained from the property owner.
5. 
For any bow hunter who shall use a motor vehicle to access a permitted hunting area, such hunter shall display during hunting on such motor vehicle, when parked, a copy of the Township permit or such other placard or notice as may be provided by the Police Department.
6. 
All laws, rules and regulations regarding hunting now or as may be adopted by the State of New Jersey apply and are incorporated herein.
g. 
Deer hunting with shotgun, subject to the following safety standards and conditions:
1. 
Any person proposing to engage in shotgun deer hunting within the borders of the Township of Chatham shall first obtain a permit from the Police Department of the Township of Chatham allowing the discharge of a shotgun for deer hunting.
2. 
Permits shall only be issued to individuals possessing a valid New Jersey State deer shotgun-hunting permit, and shall be limited to no more than 20 permits per day.
3. 
Discharges of shotguns for deer hunting may only take place from tree stands.
4. 
Discharges of a shotgun for deer hunting may take place on properties, as more particularly located on the south side of River Road to the Morris County line with Union County from Passaic Street to the Township boundary with Long Hill Township, on the north side of Green Village Road from the Township boundary with Harding Township to the intersection with Shunpike Road and running north to the Township boundary, on the south side of Green Village Road from the Township boundary with Harding Township to the R-5A District as shown on the Zoning Map of the Township of Chatham and running south to the boundary of the Great Swamp National Wildlife Refuge, on Lots 117 and 117.01 in Block 48.15, Lot 117.27 in Block 48.16, Lot 10.01 in Block 128 along Southern Boulevard, on Lots 1 and 2 in Block 64 along River Road, and Lots 92, 93 and 94 in Block 18, and Lots 74, 76, 77, 87, 88, and 89 in Block 48 at the end of Tanglewood Lane, Block 66, Lot 1 fronting River Road and Hillside Avenue but only when permission has first been obtained from the property owner.
5. 
For any shotgun hunter who shall use a motor vehicle to access a permitted hunting area, such hunter shall display, while hunting, on such motor vehicles, when parked, a copy of the Township permit or such other placard or notice as may be provided by the Police Department.
6. 
All laws, rules and regulations regarding hunting now or as may be adopted by the State of New Jersey apply and are incorporated herein.
h. 
Bear hunting with bow and arrow, subject to the following safety standards and conditions:
1. 
Any person proposing to engage in bear hunting within the borders of the Township of Chatham shall first obtain a permit from the Police Department of the Township of Chatham allowing the discharge of a bow and arrow for bear hunting.
2. 
Permits shall only be issued to individuals possessing a valid New Jersey State bear bow hunting permit, and shall be limited to no more than 20 permits per day.
3. 
Discharges of bow and arrow for bear hunting may only take place from tree stands.
4. 
Discharges of bow and arrow for bear hunting may only take place on a property and in an area of the Township that complies with all laws, rules and regulations now or as may be adopted by the State of New Jersey, including the person having all necessary State and Township permits.
5. 
For any bow hunter who shall use a motor vehicle to access a permitted hunting area, such hunter shall display during hunting on such motor vehicle, when parked, a copy of the Township permit or such other placard or notice as may be provided by the Police Department.
6. 
All laws, rules and regulations regarding hunting now or as may be adopted by the State of New Jersey apply and are incorporated herein.
i. 
Bear hunting with shotgun, subject to the following safety standards and conditions:
1. 
Any person proposing to engage in shotgun bear hunting within the borders of the Township of Chatham shall first obtain a permit from the Police Department of the Township of Chatham allowing the discharge of a shotgun for bear hunting.
2. 
Permits shall only be issued to individuals possessing a valid New Jersey State bear shotgun-hunting permit, and shall be limited to no more than 20 permits per day.
3. 
Discharges of shotguns for bear hunting may only take place from tree stands.
4. 
Discharges of a shotgun for bear hunting may only take place on a property and in an area of the Township that complies with all laws, rules and regulations now or as may be adopted by the State of New Jersey, including the person having all necessary State and Township permits.
5. 
For any shotgun hunter who shall use a motor vehicle to access a permitted hunting area, such hunter shall display, while hunting, on such motor vehicles, when parked, a copy of the Township permit or such other placard or notice as may be provided by the Police Department.
6. 
All laws, rules and regulations regarding hunting now or as may be adopted by the State of New Jersey apply and are incorporated herein.
[Ord. No. 2017-17]
Any public officer or other person enumerated in N.J.S.A. 2C:39-6 are specifically exempted from the provisions of this section.
[Ord. No. 2017-17]
The carrying of any loaded firearm within the Township shall constitute prima facie evidence of a discharge prohibited by Subsection 3-6.2.
[Ord. No. 2017-17]
Any person who shall violate any provision of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, § 1-5, for each and every offense.
[Ord. No. 11-77 § 1; Ord. No. 99-030 § 1]
As used in this section:
LOITERING
Shall mean engaging in conduct in a public place in essentially one location which conduct may:
a. 
Obstruct the free passage of pedestrians or vehicles.
b. 
Obstruct, molest or interfere with any person lawfully in such public place, including the making of unsolicited remarks of an offensive disgusting or insulting nature which are calculated to annoy or disturb the person to whom or in whose hearing they are made and which will so disturb such person as to cause an immediate reaction threatening the public peace and order.
c. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person which will so disturb such person as to cause an immediate reaction threatening the public peace and order.
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PERSON
Shall mean any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry, co-partnership, or association, and including the plural thereof.
PUBLIC PLACE
Shall mean any place to which the public has access, including any street, highway, road, alley, sidewalk, park or recreation area, or other public facility, as well as the front and immediate vicinity of any store, shop, restaurant or other place of business, any off-street parking lots open to the public, and any vacant private property not owned or under the control of the person charged with violating this section, or in the case of a minor not owned or under the control of his parent or guardian.
[Ord. No. 11-77 § 2]
Whenever any Police Officer shall in the exercise of reasonable judgment decide that a person in any public place within the Township is loitering within the meaning of Subsection 3-7.1 he may, if he deems it necessary for the preservation of the public peace and safety, order such person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer in accordance with the provisions of this subsection shall be guilty of a violation of this section.
[Ord. No. 11-77 § 3]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified thereof by the Chief of Police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice as herein provided, the minor to whom the notice related again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Ord. No. 99-030 § 1; Ord. No. 2002-012 §§ 2, 3]
No person shall without legitimate purpose or business cross any police line or area of investigation which has been established by any member of the police force of the Township at the scene of a crime, disaster, conflagration, fire, motor vehicle accident or other incident.
[1]
Editor's Note: Former Subsection 3-7.5, Obstructing the Functions of Official Township Bodies; Hindering Officials and Subsection 3-7.6, Motor Vehicle Operators Prohibited from Fleeing Police Officer, previously codified herein and containing portions of Ordinance No. 99-030 were repealed in their entirety by Ordinance No. 2002-012.
[Ord. No. 99-030 § 1; Ord. No. 2009-09 §§ 1, 2]
No person shall consume any intoxicating liquor or possess any open container which contains any intoxicating liquor in or upon any street, highway, thoroughfare, sidewalk, park recreation area or motor vehicle within the Township.
[Ord. No. 99-030 § 1]
No person shall engage in the act of urination or defecation in or upon any public place within the Township.
[Ord. No. 99-030 § 1]
No person shall appear in or upon any public place within the Township in a state of nudity, or make any indecent exposure of his or her person, or commit or do any lewd or indecent act, or behave in a lewd or indecent manner.
[1]
Editor's Note: Former Subsection 3-7.10, Destruction or Removal of Public or Private Property, previously codified herein and containing portions of Ordinance No. 99-030 was repealed in its entirety by Ordinance No. 2002-012.
[Ord. No. 99-030 § 1]
No person shall hide or be in or near any public or private place with intent to steal any goods or chattels.
[Ord. No. 11-77 § 4; Ord. No. 99-030 § 1]
Any person who violates any of the provisions of § 3-7 of this chapter shall upon conviction be liable to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 8-78 § 1]
As used in this section:
BORROWED FROM THE LIBRARY OF THE CHATHAMS OR BORROWING FROM THE LIBRARY OF THE CHATHAMS
Shall mean articles borrowed or borrowing from any library or other source by means of or by charging the same to a Library of the Chathams library card.
LIBRARY OF THE CHATHAMS
Shall mean the joint library established by the Borough of Chatham and the Township of Chatham in accordance with N.J.S. 40:54-29.3 et seq.
[Ord. No. 8-78 § 2]
No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article borrowed from the Library of the Chathams after 30 days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the Library.
[Ord. No. 8-78 § 3]
No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or other article, or any part thereof, which is borrowed from, owned by or is in the custody of the Library of the Chathams.
[Ord. No. 8-78 § 4]
No person shall register or furnish a false name or address or use without the owner's permission any card other than the one issued to the person for the purpose of borrowing any book, periodical, pamphlet, phonograph recording, audio-visual material or other articles from the Library of the Chathams.
[Ord. No. 8-78 § 5]
a. 
The Board of Trustees of the Library of the Chathams shall adopt and post in a conspicuous place in the Library reasonable rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, or any other item or article which may be available for such borrowing to the public.
b. 
No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item or article from the Library of the Chathams unless such person shall have first complied with the rules, regulations and procedures.
[Ord. No. 8-78 § 6]
The provisions of this section shall be enforced by the Director of the Library of the Chathams or such other person as may be designated by the Board of Trustees of the Library of the Chathams.
[Ord. No. 8-78 § 7]
Any person violating any provision of this section shall, upon conviction thereof, be subject to a fine not to exceed $100 for each offense or, in the case of a violation of Subsection 3-8.2 or 3-8.3, for each article detained or damaged. Continued failure to return any such article detained, or to pay the Library of the Chathams the replacement cost thereof, or of any article damaged, for a period of 30 days after conviction of a violation of Subsection 3-8.2 or 3-8.3 shall constitute a separate offense under this section.
[Ord. No. 2004-019 § 1]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Chatham so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. No. 2004-019 § 1]
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
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.
[Ord. No. 2004-019 § 1]
No person shall feed, in any public park or on any other property owned or operated by the Township of Chatham, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. No. 2004-019 § 1]
a. 
This section shall be enforced by the Police Department and the Board of Health of the Township of Chatham.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. No. 2004-019 § 1]
Any person(s) who is found to be in violation of any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, § 1-5, for each and every offense.
[Ord. No. 2006-16 § 1]
As used in this section:
CONSTRUCTION OR CONTRACTOR ACTIVITY
Shall mean any work performed by contractors for hire on any property within the Township of Chatham.
HOLIDAYS
Shall mean nationally designated holidays, i.e. New Years Day, Martin Luther King Day, Presidents' Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans' Day, Thanksgiving and Christmas Day.
PERSON
Shall mean and include any individual, corporation, partnership, sole proprietorship, or other business entity, and any property owner, tenant or occupant of property within the Township of Chatham.
[Ord. No. 2006-16 § 1]
No construction or contractor activity shall take place out-of-doors on property within the Township of Chatham on Sundays or holidays, provided that in the event of an emergency unique to the property or to the community at large this regulation shall not apply.
[Ord. No. 2006-16 § 1]
This section shall be enforced by the Police Department, the Township Engineer, the Construction Official, the Zoning Officer and such other persons as may be designated by the Township Administrator.
[Ord. No. 2006-16 § 1]
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties set forth at § 1-5, General Penalty, of the Code of the Township of Chatham.
[Ord. No. 2010-12; Ord. No. 2018-19]
To protect members of the public from the hazards of second hand smoke, smoking is prohibited in and about any municipal building or structure, or within 50 feet thereof, and in or on municipal owned property which shall include, but not be limited to, any municipally-owned park, playground, recreation area or athletic field, including parking lots. For the purposes of § 3-11 of the Revised General Ordinances of the Township of Chatham, the term "smoking" shall mean 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.
[Ord. No. 2010-12]
Any person who violates Subsection 3-11.1 of this Code shall, upon conviction, be subject to the general penalty set forth in § 1-5 of this Code.
[Ord. No. 2015-16]
DATA COLLECTION
Shall mean the acquisition of information by use of one or more sensing devices.
DRONE
Shall mean an unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system ("GPS") guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
SENSING DEVICE
Shall mean a device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).
UNMANNED AIRCRAFT
Shall mean an unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.
[Ord. No. 2015-16]
a. 
Except as otherwise provided in Subsection 3-12.3, drones and unmanned aircraft are prohibited from being launched from any government or public buildings, property, or parks within the Township or landing on any government or public buildings, property, or parks within the Township.
b. 
Except as otherwise provided in Subsection 3-12.3, drones and unmanned aircraft are prohibited from operating or flying in any airspace below 400 feet within the airspace over any government or public buildings, property, or parks within the Township.
[Ord. No. 2015-16]
a. 
This section shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Township, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.
b. 
This section shall not prohibit any Federal, State, County or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.
c. 
This section shall not prohibit the use of unmanned aircraft by any Federal, State, County or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner.
[Ord. No. 2015-16]
A violation of this section shall be punishable as provided in Chapter 1, General Provisions, § 1-5, General Penalty.
[Added 10-10-2019 by Ord. No. 2019-17]
The following definitions apply to this section:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
The person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
PERSON
Any natural person, firm, corporation, partnership, or other organization or group however organized.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer and is located within or doing business within the geographical limits of the Township of Chatham. Retail establishments include: a business establishment that generates a sales or use-tax; a drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other commercial entity engaged in the retail sale of a limited line of goods that include milk, bread, soda, and snack foods; a public eating establishment (i.e., a restaurant, take-out food establishment, or any other business that prepares and sells prepared food to be eaten on or off its premises); and business establishment that sells clothing, a hardware store, or any other nonperishable goods.
REUSABLE BAG
A durable carryout bag with stitched handles for reinforcement made from any natural or synthetic material other than plastic film including, but not necessarily limited to, woven or nonwoven plastic or cloth, that is at least 10 mils thick, and that is specifically designed and manufactured for multiple reuse, and that is washable or is made from a material that can be cleaned or disinfected regularly.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic that is not made or intended for reuse that is provided by an operator of a retail establishment to a customer at the point of sale. This definition specifically exempts the following from the category of "single-use plastic carry-out bag":
a. 
Bags provided by operators and used by consumers inside retail establishments to:
1. 
Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
2. 
Contain or wrap frozen foods, meat, or fish, whether packaged or not;
3. 
Contain or wrap flowers, potted plants, or other items where dampness may be an issue;
4. 
Contain live animals, such as fish or insects sold in pet stores;
5. 
Contain unwrapped prepared foods or bakery goods;
6. 
Contain pharmacy prescriptions or medicines; or
7. 
Function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
b. 
Newspaper bags for home delivery, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
Effective March 1, 2020, no retail establishment shall provide to any customer, or to any person, a single-use plastic carry-out bag, as defined above. The point of sale in such transactions is deemed to be at the retail establishment, regardless of where payment for the transaction physically occurs.
a. 
Effective March 1, 2020, all retail establishments shall make available to customers, upon request by the customer, for a fee to be set by the retail establishment for each paper bag for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this section. The fee charged shall be reflected in the sales receipt and shall be subject to applicable tax. The fee charged shall be retained by the retail establishment.
b. 
The following bags shall be exempt from the fee and are provided by operators inside retail establishments to:
1. 
Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
2. 
Contain unwrapped prepared foods or bakery goods;
3. 
Take home uneaten food that has been served in a restaurant;
4. 
Take out foods intended for consumption away from the retail establishment for reasons of public health and safety during the transportation of such food products;
5. 
Contain pharmacy prescriptions and medicinal products; or
6. 
Function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
a. 
Each retail establishment shall be strongly encouraged to educate its staff to promote the use of reusable bags and to post signs encouraging customers to use reusable bags rather than paper carry-out bags.
b. 
Each retail establishment shall be strongly encouraged to educate its staff to make inquiry to a customer whether the customer desires a paper carry-out bag or has supplied his/her own reusable bags before offering the paper carry-out bags to the customer.
c. 
Each retail establishment shall inform customers that if they choose a paper carry-out bag they will be charged a fee for each paper bag.
d. 
Nothing in this section prohibits customers from using bags of any type that they choose to bring to retail establishments themselves, in lieu of using bags available for a fee from the retail establishment, or from carrying away goods that are not placed in a bag.
e. 
Nothing in this section shall prohibit a retail establishment from providing a credit to a customer who has supplied his/her own bags.
f. 
Nothing in this section shall prohibit a retail establishment from offering for sale reusable bags as defined in this section.
g. 
The Township of Chatham shall undertake a reusable bag education program that includes:
1. 
Distributing information and free reusable bags as part of a Bring Your Own Bag (BYOB) campaign; and
2. 
Maintaining "Give One Take One" reusable bag collection boxes in municipal and other facilities.
a. 
Any customer who states that she or he participates in, or is a beneficiary of, any United States government federal welfare program, including but not limited to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or any local or County welfare assistance program, or any New Jersey State welfare program, including but not limited to the New Jersey Supplemental Nutritional Assistance Program (SNAP) or the New Jersey State Supplemental Security Income Program (SSI) shall be provided paper bags or reusable bags without charge. No further identification is necessary.
b. 
Any person who receives food, household items and/or personal care items from a food pantry or food distribution program shall be provided paper or reusable bags without charge.
a. 
The Township of Chatham will provide notice of this section to retail establishments within the Township no later than January 1, 2020.
b. 
The Township of Chatham Registered Environmental Health Specialist or authorized designee has the responsibility for enforcement of this section.
c. 
Any retail establishment that violates or fails to comply with any of the requirements of this section after an initial written warning notice has been issued for that violation shall be subject to a municipal court summons payable to the municipal court.
d. 
If a retail establishment has subsequent violations of this section after the issuance of an initial written warning notice of a violation, the following penalties will be imposed and payable by the operator of the retail establishment:
1. 
$100 for the first violation after the first written warning notice is given;
2. 
$200 for the second violation after the written warning notice is given; and
3. 
$500 for the third and any subsequent violations after the written warning notice is given.
Nothing in this section is intended to create any requirement, power or duty that is in conflict with any federal or state law.
All ordinances or parts thereof in conflict or inconsistent with this section are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this section shall remain in effect.
The provisions of this section are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this section, but shall remaining in effect; it being the legislative intent that this section shall stand notwithstanding the invalidity of any part.
This section shall take effect on March 1, 2020 and publication as provided by law.