Editor's Note: For Engine Braking see Ch. VII, Section 7-13.
[New; Ord. 7/3/84, § 1; Ord. 3/17/87, § 1]
For violation of any provision of this chapter, any other chapter
of this revision, 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
$1,250 or imprisonment for a period not exceeding ninety days, or
both.
Any person convicted of a second offense involving a violation
of the same provision of the General Ordinances of the Township within
one calendar year of the first conviction shall be subject to a fine
of not less than $200 and any person convicted of a third violation
of any such provision within said one year period shall be subject
to a fine of not less than $500.
[New]
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the township
exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[Ord. 5/14/68, § 1; Ord. 2/5/85, § 1]
No person shall, within the limits of the township, throw, dump,
cast or deposit any accumulation of paper, paper products, bottles,
tin cans, containers, motor vehicle parts, junk, unusable machines
or parts of machines, metal, trash, garbage, debris or any other junk
or waste materials, including live or dead animals upon any vacant
or open private lands or upon or along any public street, highway
or any other public place of the township, or permit any such accumulation
of trash or rubbish on his own property. This subsection shall not
be construed so as to prohibit the placing of such materials at the
curb to be removed from the township by a licensed scavenger when
placed in suitable containers for that purpose.
[Ord. 5/14/68, § 1]
No person shall keep, store, abandon, or leave upon any open
or vacant parcel of land, or upon or along any street in the township
any motor vehicles not currently used for transportation and not licensed
for the current year, or which cannot be readily operated under its
own power, except as may otherwise be allowed by ordinance in the
township; or any parts of motor vehicles, used auto tires, used auto
appliances, used or damaged machinery, refrigerators, household or
electrical appliances or other damaged or disabled merchandise, other
than in suitable containers therefor in an enclosed building.
[Ord. 5/14/68, § 1]
No person shall permit land to be covered with or contain refuse
or debris resulting from construction activities or the demolishment
of a building, which refuse or debris has remained on the land for
more than 30 days after the completion of the construction activities
or the demolition work.
[Ord. 5/14/68, § 2]
No person, firm or corporation shall, within the limits of the
township, in connection with any business or otherwise, store, keep,
or maintain upon any premises, other than in an enclosed building,
any articles or merchandise, machinery, appliances, motor vehicle
parts and tires or any other former type of apparatus in or upon which
stagnant water may or does collect; or which may constitute a fire
hazard; or which may be dangerous to persons, including children,
being or coming upon the lands, or which emits foul or obnoxious odors;
or which is so unsightly as to adversely affect the values of surrounding
properties.
[Ord. 5/14/68, § 3; Ord. 2/5/85, § 2]
Upon complaint of any resident, property owner or employee of
the township, or upon his own motion, the health officer or police
chief or their designated agent shall make an investigation of the
condition complaint of and report thereon in writing to the township
clerk for presentation to the township committee. If it appears that
the trash, garbage or other proscribed material has been cast on any
property by one or more persons not the owner thereof, and if there
is evidence of the identity of such person or persons, a complaint
may be filed against such person or persons by the police, board of
health member or township committeeperson in the municipal court for
violation of this section.
[Ord. 5/14/68, § 4]
Upon receiving the report, and if the land about which the complaint
is made is found to be in such condition that a violation of one or
more of the provisions of this section exists on the land, the township
clerk shall notify in writing the owner or occupier of the lands complained
of, either personally or by registered or certified mail, to remove
the matters in violation of this section from the lands within ten
days of receipt of notice.
[Ord. 5/14/68, § 5]
The health officer or police chief or their designated agents
shall reinspect the lands after the ten day period shall have expired
following notice of violation and shall report in writing to the township
clerk, for the township committee, whether or not the unlawful condition
complained of and previously found to exist in violation of this section
has been abated or remedied.
[Ord. 5/14/68, §§ 6,
7]
a.
In the event that the owner or occupier of the lands shall refuse
or neglect to abate or remedy the condition complained of which constituted
a violation of this section, after the ten days notice the township
committee may cause the conditions complained of to be abated or remedied
and may charge the reasonable cost thereof against the occupier or
owner of the lands, or it may take appropriate legal action to compel
the abatement of the nuisance and/or may authorize the filing of a
complaint against such owner or possessor for violation of this section.
b.
If the owner fails to comply with the order to abate any violation
of this section and the township committee causes the condition complained
of to be abated, all sums incurred by the township in effecting the
abatement of any such violation shall be a municipal lien against
the real property against which cost was incurred. A detailed statement
of such costs or charges shall be filed with the municipal tax collector
and a copy thereof shall be served personally or forwarded to the
owner of the lands by registered or certified mail.
[Ord. 5/14/68, § 8]
Any person convicted of a violation of any of the provisions of this section shall be subject to a fine as stated in section 3-1. The penalties set forth in this section are separate and apart for the remedy provided for in subsection 3-2.8 thereof, and the remedies provided by the laws of New Jersey set forth in N.J.S.A. 40:48-2.13 and 40:48-2.14.
[Ord. 9/12/63; New]
It shall be unlawful for any person to place, keep, store or
maintain more than one junk motor vehicle, or one motor vehicle body
or separately the parts of more than one motor vehicle, which are
exposed outside of an enclosed building on any tract of land within
the township which is owned or leased, or rented, or in the possession
of, or under the control of such person unless the person is the holder
of a junk yard license issued by the township covering premises where
such junk motor vehicle or parts thereof are placed, stored, or maintained
as aforesaid, or unless such junk motor vehicle bodies and parts are
kept temporarily in the operation of a business primarily conducted
for the sale and repair, or either, of motor vehicles and not more
than five such junk motor vehicles, or bodies or parts are kept at
one time in the operation of the business.
[Ord. 9/12/63, § 1]
As used in this section:
Shall mean any motor vehicle which is no longer in actual
use as a motor vehicle, or which is wholly unfit without rebuilding
or reconditioning for use for highway transportation, or which has
been discarded for use as a motor vehicle.
[Ord. 9/12/63, § 2]
The premises where any such junk motor vehicles, junk motor
vehicle bodies or junk motor vehicle parts are kept, stored or maintained
in violation of this section, shall be deemed to be a nuisance and
detrimental to the health and welfare of the residents of the township
and shall be subject to regulations or ordinances of the township
including those enacted by the township board of health.
[Ord. 10/25/77]
The rules and regulations promulgated herein apply to public
parks and recreational areas and where applicable to other lands owned
or controlled by the township and devoted to public use or purpose.
Such activity shall be in accordance with applicable regulations as
are now or hereafter may be adopted.
[Ord. 10/25/77]
No person in a public park and recreation area shall:
a.
Ride or drive any vehicle except on established roads and ways and
then only at posted speeds;
b.
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereat
and under the instruction of any attendant who may be present;
c.
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park area;
d.
Ride a bicycle without reasonable regard to the safety of others;
e.
Leave a bicycle in a place other than a bicycle rack when such is
provided, or ride a bicycle in other designated areas;
f.
Have animals in any area except those designated by the recreation
commission;
g.
Hitch a horse or other animal except where rails or posts are provided
for such purpose;
h.
Allow any dog or animal to run at large in the parks. Any dog or
animal found in any such park shall be deemed to be running at large
unless the owner of such carries him or leads him by a leash, strap
or rope;
i.
Kill, injure or disturb any animal or bird, or have in his possession
the young of any wild animal, or the eggs or nest, or young of any
reptile or bird; or to damage any grass, tree, shrub, plant, soil,
rock, sand or any building, sign, structure or equipment upon any
premises under the jurisdiction of the township;
j.
Carry or use firearms or explosives, fireworks, air rifles, bows
and arrows, sling shots or any weapon;
k.
Fish except in such places and at such times and circumstances that
the recreation commission may direct and control;
l.
Use or ride any motorcycles, mini-bikes, or snowmobiles, or any motorized
vehicle except in those areas designated by the recreation commission;
m.
Scatter litter or any form of waste material; or break, throw, or
place any glass on lawns, walks, roads, benches, tables, wooded or
other areas on any park property;
n.
Throw, discharge, or otherwise place or cause to be placed in the
waters of any pond, lake, stream or other body of water in or adjacent
to any park or tributary stream, storm sewer or drain flowing into
such water, any substance, matter or thing, liquid or solid, which
will or may result in the pollution of the waters;
o.
Coast with hand sleds, bobs, skis, carts or other vehicles on wheels
or runners, except in places designated;
p.
Throw, cast, catch, kick or strike any baseball, football or basketball
or any other object prohibited except in places designated;
q.
Swim, bathe or wade in any waters or waterways in or adjacent to
any park, except in such waters and at such places as are provided
therefor and in compliance with such regulations and hours as are
herein set forth or may be hereinafter adopted;
r.
Ice skate, ice boat or ice fish on the ice of any of the waters except
such areas as designated, and provided a safety signal is displayed;
s.
Bring into or operate any boat, raft or other such watercraft upon
any waters, except at places designated for boating. Such activity
shall be in accordance with applicable regulations as are now or hereafter
may be adopted;
t.
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupant of any
other boat;
u.
Use a gasoline motorized boat on township waters.
[Ord. 10/25/77]
While in the township park or recreation area, all persons shall
conduct themselves in a proper and orderly manner and in particular,
no person shall:
a.
Occupy any grounds or picnic parties, assemblages, business or entertainment,
or occupy a camp upon the grounds, except when permitted by the recreation
commission;
b.
Sell, vend, or give away in or upon any of the parks or drives, any
articles of merchandise whatever without the express permission of
the recreation commission;
c.
Solicit alms or contributions for any purpose, whether public or
private;
d.
Gamble or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the recreation
commission;
e.
Have alcoholic beverages in one's possession except by written permission
of the recreation commission and township; nor shall any person in
the park be under the influence of intoxicating beverages at any time;
f.
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit;
g.
Picnic or lunch in a place other than those designated for that purpose;
h.
Leave a picnic area before the fire is completely extinguished and
before all trash is placed in the disposal receptacles where provided.
If no such trash receptacles are available, then trash shall be carried
away from the park area by the picnicker to be properly disposed of
elsewhere;
i.
Build or attempt to build a fire except in such areas and under such
regulation as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco paper
or other inflammable material within any park, or on any highways,
roads or streets abutting or contiguous thereto;
j.
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any public lands or highways or roads
adjacent to the park, except in areas designated by the recreation
commission.
[Ord. 10/25/77]
a.
Except for unusual and unforeseen emergencies, the park shall be
open to the public every day during the designated hours and months.
The opening and closing hours and months for the park shall be posted
therein for public information;
b.
Any section or part of the park may be declared closed to the public
at any time and for any interval of time, either temporary or at regular
and stated intervals (daily or otherwise) and either entirely or merely
for certain uses.
[Ord. 10/25/77]
a.
The recreation commission and park attendants shall in connection
with their duties imposed by law, diligently enforce the provisions
of this section.
b.
The recreation commission and any other township official shall have
the authority to seize and confiscate any property, thing or device
in the park, as used in violation of this section.
c.
The recreation commission and any other township officer shall have
the authority to eject from the park area any person or persons acting
in violation of this section.
d.
This section shall also be enforced by any appropriate law enforcement
agencies.
[Ord. 10/25/77]
Penalties for violations of this section shall be in accordance with section 3-1 of the Revised General Ordinances.
Any ordinances or portions thereof which may be inconsistent
with the provisions of this section are hereby repealed.
This ordinance shall take effect upon adoption and publication
pursuant to law.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 2/15/98.
[Ord. No. 2003-02, § 1]
The use of Lafayette Park shall be subject to the following
restrictions. Between the first day of April and the last day of October,
the swimming pond, baseball fields and tennis courts shall only be
used by residents of Lafayette Township, their guests and persons
falling under the exception provision of this section. All other portions
of Lafayette Park shall be available to residents and nonresidents
alike and nothing in this section shall be interpreted as a basis
for restricting the use of Lafayette Park by nonresidents, except
for the limitations pertaining to the recreational facilities specifically
designated above.
[Ord. No. 2003-02, § 2]
All residents and guests using the swimming pond or tennis court
at Lafayette Park between the first day of April and the last day
of October shall wear a form of identification which shall be made
available to them by the Township Recreation Commission at no charge.
This identification shall be conspicuously displayed while in the
park.
Any resident, individually or as a representative of a team,
who wishes to use a baseball field between the first day of April
and the last day of October shall reserve a time in advance with the
Township Recreation Commission. In making this reservation, proof
of residency shall be provided. For the first year that this section
is in effect, the Township Recreation Commission, at its discretion,
may set aside times and reserve the baseball fields for teams or leagues
that have a past history of using the fields so as to minimize any
disruption from past practice and to promote the continuation of the
fair- minded sharing of these fields which has taken place in the
past.
[Ord. No. 2003-02, § 3]
Any resident of Lafayette Township may invite a guest or guests
to Lafayette Park which shall permit the guest(s) to use the swimming
pond. However, no resident or their immediate family shall be permitted
to have more than three guests at any one time without the written
permission of the Township's Recreation Commission. In responding
to such a request, the commission shall give primary consideration
to whether the guests' utilization of the swimming pond would interfere
with or frustrate the use of the swimming pond by the township's resident.
Thus, the commission shall consider the pond's anticipated level of
use at the time the guests will be in attendance and the total number
of guests requested. The commission shall issue identification to
the guests, which shall be returned to the commission on the next
business day. Guests shall, at all times, be accompanied by the resident
who has made possible their use of the swimming pond. Guests shall
be required to abide by all rules and regulations.
[Ord. No. 2003-02, § 4]
The following persons or organizations shall be permitted to
use Lafayette Park between the first day of April and the last day
of October as specifically limited herein:
a.
Any person who is a member of an organized sports team, which is
part of an organized league, and which is playing a team from the
Township of Lafayette or a team that is authorized by the township
to use Lafayette Park for its games, shall be permitted to use the
baseball fields irrespective of whether they are a resident, provided
the required scheduling; and
b.
Any person or organization at the invitation of the Township Committee
may have full use of the park including the swimming pond.
[Ord. No. 2003-02, § 5]
Any person who is not a resident of Lafayette Township, or a guest, or exempt from this section as set forth in subsection 3-4A.5, and who uses the swimming pond, baseball fields or tennis courts at Lafayette Park between the first day of April and the last day of October, in violation of this section shall be subject to a fine of not more than $100 for their first offense. A fine of not less than $25 and not more than $200 shall be imposed for all subsequent offenses.
[Ord. No. 2003-02, § 6]
a.
The Recreation Commission and park attendants shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this section.
b.
The Recreation Commission and any other Township officer shall have
the authority to eject from Lafayette Park any person or persons in
violation of this section.
c.
This ordinance shall, also, be enforced by any appropriate law enforcement
agency.
[Ord. No. 2003-02, §
7]
All ordinances and parts of ordinances in conflict with this
section are hereby repealed. However, any ordinance setting forth
the time during which Lafayette Park is open or regulating conduct
while in Lafayette Park shall remain unaffected.
[Ord. No. 2003-02, § 8]
This section shall take effect and be in force beginning on
August 6, 2003.
[Ord. No. 2003-02, § 9]
If any provision of this section shall be held invalid, its
invalidity shall not affect any other provisions of this section that
can be given effect without the invalid provision, and for this purpose,
the provisions of this section are hereby declared to be severable.
[Ord. No. 2003-02, § 10]
As used in this section:
Shall mean the baseball fields located at Lafayette Park.
Shall mean a person who is not a resident of Lafayette Township and who is invited to use Lafayette Park by a resident of the Township pursuant to subsection 3-4A.10 of this section.
Shall mean the park located in Lafayette Township, New Jersey
on Route 15 South.
Shall mean the tennis courts located at Lafayette Park.
[Ord. 11/11/80, § 1]
The occasional sale of goods, wares, or merchandise on or from
property principally known as a patio, garage, rummage, or yard sale
is permitted subject to the following terms and conditions:
a.
No person shall accept for sale or sell any goods, wares, or merchandise
from any commercial business or enterprise on a consignment basis
for resale basis.
b.
No more than two signs not larger than two feet by three feet each,
advertising such sale should be posted within the township. The signs
shall be erected not sooner than one day before the date of the sale
and shall be immediately removed at the end of the last day upon which
the sale is held. Any such sign erected shall be placed in such a
manner as not to create a traffic hazard.
c.
Not more than three such sales shall be conducted per year at any
one premises.
d.
The sales shall be advertised and confined to a period between 8
a.m. and 6 p.m. and shall not exceed two days.
e.
Every sale shall be conducted as not to create any traffic or safety
problem in the township. The person conducting such sale shall take
all necessary precautions to insure that no traffic or parking problems
or individuals trespassing on property of others shall occur.
f.
No merchant or operator of a mercantile or other business establishment
shall conduct any sales of merchandise on residential premises.
[Ord. 11/11/80, § 2]
The provisions of this section shall not apply to the following
persons or sales.
a.
Person selling goods, wares, or merchandise pursuant to court order
or process.
b.
Persons acting pursuant to their powers and duties as public officials.
c.
Any outdoor display or sale conducted by any merchant or mercantile
or other business establishment from or at a place of business wherein
such display or sale is permitted by the Zoning Ordinance of the Township
of Lafayette or under the protection of the nonconforming use section
thereof. This section shall not be construed to expand or modify the
township zoning ordinance.
d.
Auctions conducted by a professional auctioneer.
[Ord. 11/11/80, § 3]
[Ord. 7/1/86, § 1]
The purpose of this section is to protect employees, patrons
and law enforcement officers from the criminal element during late
night and early morning hours resulting from understaffed business
and commercial enterprises.
[Ord. 7/1/86, § 2]
All commercial establishments located within the Township of
Lafayette which are open to the public between the hours of 11:00
p.m. and the following 6:00 a.m. prevailing time shall at all times
have on the premises at least two employees. Every such establishment
shall have a telephone, other than a public pay telephone, which can
be used in case of emergency to reach police, hospital and other emergency
agencies.
[1]
Editor's Note: Prior ordinance history includes Ordinance
Nos. 6/21/88, 10/18/88.
[Ord. 9/26/94, § I]
a.
ALUMINUM CANS
BULKY WASTE
CLOTHING/TEXTILES
COLLECTION
CORRUGATED CARDBOARD
DESIGNATED RECYCLABLE MATERIALS
GLASS
GRASS CLIPPINGS
HDPE PLASTIC BOTTLES
LEAVES AND BRUSH
MARKET
MIXED PAPER
MUNICIPAL SOLID WASTE
NEWSPAPER
OFFICE PAPER
PETE PLASTIC BOTTLES
PROCESSING FACILITY
RECYCLABLE BATTERIES
SOURCE SEPARATION
TIN AND BIMETAL CANS
TRANSPORTER
USED MOTOR OIL
For the purposes of this section, the following definitions shall
apply:
Shall mean food and beverage containers made entirely of
aluminum.
Shall mean Waste Type #13 as classified by the New Jersey
Department of Environmental Protection.
Shall mean all cloth materials.
Shall mean the curbside collection (private or municipal
service), or other delivery of recyclable materials to municipal or
county locations.
Shall mean only domestically produced corrugated cardboard
used for shipping, made of layers of kraft type paper with zigzag
layers between.
Shall mean all materials selected for recycling which are
named in the approved Sussex County District Recycling Plan.
Shall mean all glass bottles, jars and jugs in flint (clear),
green and amber color but not including window glass, drinking glasses,
crystal, pottery, ceramic, glass dinnerware, glass cookware, glass
ovenware (tempered glass) and similar glassware items.
Shall mean grass clippings derived from mowing grass.
Shall mean HDPE plastic bottles bearing the triangular recycling
symbol surrounding a number 2 and the letters HDPE below, but not
including containers for motor oil or antifreeze.
Shall mean leaves, brush and other yard trimmings, excluding
grass clippings.
Shall mean any facility approved under the laws of the State
of New Jersey for the disposal of recyclable materials.
Shall mean and include computer paper, colored paper, catalogs,
weekly, monthly publications, junk mail, envelopes, file folders,
and similar items excluding telephone books, newspaper, newsprint,
and other paper products unacceptable to a manufacturing market.
Shall mean Waste Type #10 as classified by the New Jersey
Department of Environmental Protection.
Shall mean all paper marketed as newsprint or newspaper and
containing at least 70 percent newsprint or newspaper (American Paper
Institute grades #6, #7 and #8 news).
Shall mean computer paper (white bond and green bar), stationery
and envelopes.
Shall mean PETE plastic soda and similar beverage bottles
bearing the triangular recycling symbol surrounding a number 1 and
the letters PETE below, or otherwise designated by the market in the
normal course of business.
Shall mean a facility engaged in the separation of materials
from a commingled state to a separated state suitable for marketing.
Shall mean batteries designated as types AAA through D.
Shall mean the act of separating from disposable trash, at
the point of generation, materials which can be effectively recycled
or reused, as a means of reducing the overall waste for disposal.
Shall mean food and beverage cans other than aluminum.
Shall mean persons conveying source separated recyclable
materials to recycling centers and manufacturers, for the purpose
of processing, manufacturing or marketing.
Shall mean a petroleum based or synthetic oil designed for,
but not limited to, the lubrication of internal combustion engines,
and which has become unsuitable for its original purpose, but not
including brake fluid, transmission oil, antifreeze, or motor oil
combined with these products.
[Ord. 9/26/94, S II]
Every resident, commercial or institutional site shall provide
documentation to the municipal recycling coordinator as to the type
of material, weight of the material and location where the material
was taken for the purpose of recycling. The following is a noninclusive
list of materials acceptable for recycling:
|
Tires
|
Concrete
|
|
Asphalt
|
Asphalt roofing shingles
|
|
Wood scraps
|
Wood pallets
|
|
Tree stumps/parts
|
Aluminum siding
|
|
Ferrous metal
|
Nonferrous metal
|
|
White goods
|
Automobile scraps
|
|
Other plastics
|
Other glass
|
|
Petroleum contained solids
|
Antifreeze
|
|
Lead acid batteries (auto)
|
Food scraps
|
[Ord. 9/26/94, § III]
a.
All residents within the Township of Lafayette shall place designated
recyclable materials at the roadside for municipal pick up in such
manner as shall be designated and promulgated by the municipal recycling
coordinator.
b.
Alternatively residents may take their designated recyclable materials
to any market. A copy of the weight slip containing materials recycled
and tonnage, shall be forwarded to the municipal recycling coordinator
by the resident before the end of the calendar year.
[Ord. 9/26/94, § IV]
a.
Commercial, industrial and institutional operations shall provide for separation of designated recyclable materials as defined in subsection 3-7.4 of this section if generated on site.
b.
All facilities providing food or beverage shall provide containers
to separate recyclable materials from trash. Post offices shall provide
containers for the patrons to dispose of mixed paper. Litter and recycling
containers must be provided at all recreation areas where picnicking
or food or beverage service is provided. These containers shall be
maintained by the owner or management of the property.
c.
It is the responsibility of the owner or management of any commercial,
industrial or institutional operation to provide for the collection
or transportation of the designated recyclable materials generated
on their site to market. It is also the responsibility of the owner
or management of the property to document all weights, types of materials
and location where it was marketed and to forward such information
to the municipal recycling coordinator at least once each quarter
no later than 15 days after the end of the quarter.
[Ord. 9/26/94, § V]
a.
The municipal recycling coordinator may cause a notice of violation
to be served upon any person violating this section, advising the
person of the violation, and setting forth a fixed time within which
such violation is to be corrected. Should such person continue to
violate the section at the end of such period, a complaint shall be
filed by the municipal recycling coordinator on behalf of the township.
No notice of violation shall be issued prior to the filing of a complaint
against a scavenger or transporter.
b.
Any person violating the terms of this section shall be imprisoned
in the county jail for a term not exceeding 90 days, or by a fine
not exceeding $1,000 or shall be sentenced to a term of community
service not exceeding 90 days, and to such other penalties as may
be provided by the provisions of N.J.S.A. 40:49-5, as the same may
be at the time of the commission of the offense.
c.
Violations under this section shall be prosecuted by the local Department
of Health, the Sussex County Department of Health or the New Jersey
Department of Environmental Protection, as the case may be, in the
municipal court having jurisdiction over the matter.
[Ord. 4/11/90, §§ 1—6]
a.
No
person, other than the generator of refuse shall transport or dispose
of refuse, except a licensed solid waste collector. No refuse or recyclables
shall be transported or disposed of except as follows by law.
b.
As
used in this section, the express "licensed solid waste collector"
shall mean a person, firm or corporation licensed by the Board of
Public Utilities, Department of Environmental Protection, and possessing
all other permits and licenses necessary to provide such service in
the State of New Jersey to transport and dispose of refuse and recyclables.
c.
All
licensed solid waste collectors shall dispose of solid waste in compliance
with all provisions of the Orders of the Department of Environmental
Protection and the Sussex County Solid Waste Management Plan.
d.
All
refuse and recyclables shall be delivered directly to a facility authorized
by law to receive the same. No solid waste collector or other person,
firm or corporation, other than the Township of Lafayette, the Sussex
County Municipal Utilities Authority or other facility authorized
by law shall store or stockpile any refuse or recyclables.
e.
Any
person, firm or corporation violating any provision of this section
shall be subject to a fine of not more than $1,000 or imprisonment
for not more than 30 days. Each day of continued violation of this
section shall constitute a separate offense.
f.
This
section may be enforced by any law enforcement officer, the township
zoning and health officers, township recycling coordinator, or any
other person.
[Ord. No. 2009-07 § I]
As used in this section, the following terms shall have the
meaning:
a.
COMMINGLE — Shall mean a combining of nonputrescible source-separated
recyclable materials for the purpose of recycling.
b.
DESIGNATED RESIDENTIAL RECYCLABLE MATERIALS — Shall mean those
materials designated within the Sussex County District Solid Waste
Management Plan to be source separated for the purpose of recycling.
These materials shall include those that are defined in the Sussex
County Solid Waste Management Plan — Residential Generators
as follows:
1.
ALUMINUM CANS — Food and beverage containers made entirely
of aluminum.
2.
COMPUTER PRINTOUT/WHITE LEDGER — All-computer paper, all high-grade
white paper (including letterhead, typing paper, copier paper, onionskin,
tissue and note pad).
3.
CORRUGATED — Containers, brown grocery bags, and similar paper
items, usually used to transport supplies, equipment, parts or other
merchandise.
4.
GLASS CONTAINERS — All glass containers used for packaging
food or beverages.
5.
LEAVES AND BRUSH LEAVES — Brush and other yard trimmings, including
grass clippings, from institutions, commercial or industrial sources.
6.
MAGAZINE AND JUNK MAIL MAGAZINE STOCK — White and colored paper
and envelopes, telephone directories and books.
7.
MIXED OFFICE PAPER — Items listed in computer printout/white
ledger category when mixed with envelopes, manila binders and color
paper. Material is generated by commercial/institutional sources.
8.
NEWSPAPER — All paper marketed as newspaper and containing
at least 70 percent newsprint or newspaper (American Paper Institute
grades #6, #7 and #8-news).
9.
PLASTIC CONTAINERS — Containers such as polyethylene terephthalate
(PETE-#1) soda bottles, high-density polyethylene (HDPE-#2) milk,
and water or detergent bottles.
10.
STEEL CANS — Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint and a variety of other household
and consumer products.
11.
STUMPS, LOGS AND TREE PARTS — Unfinished wood from land clearing
projects, storm damage or pruning activities.
12.
TEXTILES — Textiles larger than 15" x 15" (e.g. clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animal).
13.
TIRES — Rubber-based scrip automotive and truck tires.
14.
USED MOTOR OIL — A petroleum base or synthetic oil whose use
— includes, but is not limited to, lubrication of internal combustion
engines, which through use, storage or handling has become unsuitable
in its original purpose due to the presence of impurities or loss
of original properties.
c.
DESIGNATED COMMERCIAL RECYCLABLE MATERIALS —As defined by the
Sussex County Solid Waste Management Plan — Non Residential
Generators, Commercial and Institutional Sectors.
1.
ALUMINUM CANS — Food and beverage containers made entirely
of aluminum.
2.
ANTIFREEZE — An automotive engine coolant consisting of a mixture
of ethylene glycol and water or propylene glycol and water.
3.
COMPUTER PRINTOUT/WHITE LEDGER — All-computer paper, all high-grade
white paper (including letterhead, typing paper, copier paper, onionskin,
tissue and note pad).
4.
CONCRETE, ASPHALT AND MASONRY/PAVING MATERIAL — Asphalt, concrete,
brick, cinder block, "patio blocks", and other masonry and paving
materials.
5.
CONSUMER BATTERIES — Any type of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container which
is utilized as an energy source for commercial, industrial, medical,
institutional, or household use. (Does not include lead-acid batteries
from vehicles).
6.
CORRUGATED — Containers, brown grocery bags, and similar paper
items, usually used to transport supplies, equipment, parts or other
merchandise.
7.
GLASS CONTAINERS — All glass containers used for packaging
food or beverages.
8.
HEAVY IRON — AU structural steel or ferrous metal, cast iron
components.
9.
LEAD-ACID BATTERIES — Batteries from automobiles, trucks, other
vehicles and machinery and equipment, which shall be stored in a manner
that protects them from the elements to avoid corrosion and leakage.
10.
LEAVES AND BRUSH LEAVES — Brush and other yard trimmings, including
grass clippings, from institutions, commercial or industrial sources.
11.
MAGAZINE AND JUNK MAIL MAGAZINE STOCK — White and colored paper
and envelopes, telephone directories and books.
12.
MERCURY CONTAINING DEVICES — Including fluorescent and compact
tubes, High Intensity Discharge (HID) and neon lamps, electrical switches,
thermostats, thermometers and any batteries containing mercury.
13.
MIXED OFFICE PAPER — Items listed in computer printout/white
ledger category when mixed with envelopes, manila binders and color
paper. Material is generated by commercial/institutional sources.
14.
NEWSPAPER — All paper marketed as newsprint or newspaper and
containing at least 70 percent newsprint or newspaper (American Paper
Institute grades #6, #7 and #8-news).
15.
PLASTIC CONTAINERS — Containers such as polyethylene terephthalate
(PETE-#1) soda bottles, high-density polyethylene (HDPE-#2) milk,
and water or detergent bottles.
16.
SCRAP AUTOS — Crushed or shredded automobile or truck bodies,
excluding auto shredder residue or "fluff."
17.
STEEL CANS — Rigid containers made exclusively or primarily
of steel, tin-plated steel, and composite steel and aluminum cans
used to store food, beverages, paint and a variety of other household
and consumer products.
18.
STUMPS, LOGS AND TREE PARTS — Unfinished wood from land clearing
projects, storm damage or pruning activities.
19.
TEXTILES — Textiles larger than 15" x 15" (e.g. clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals).
20.
TIRES — Rubber-based scrip automotive and truck tires.
21.
USED CONSUMER ELECTRONICS — Any appliance used in a business
that includes circuitry. Includes components and subassemblies of
the electrode products. Examples include computers and peripherals,
printers, copiers, VCRs, televisions, cell phones and fax machines,
etc.
22.
USED MOTOR OIL — A petroleum base or synthetic oil whose use
— includes, but is not limited to, lubrication of internal combustion
engines, which through use, storage or handling has become unsuitable
in its original purpose due to the presence of impurities or loss
of original properties.
23.
WHITE GOODS AND LIGHT IRON — All large appliances such as washers,
dryers, refrigerators, etc., as well as products made from sheet iron,
such as shelving, file cabinets, metal desks, recycled or reconditioned
steel drums, and other non-structural ferrous scrap.
24.
WOOD SCRAP — Unfinished lumber from construction or demolition
projects including pallets. Unfinished shall mean non-chemically treated
(not pressure treated, impregnated with preservatives, insecticides,
fungicides, creosote, or other chemicals, and not painted, resin-coated
or otherwise surface treated, and not laminated or bonded; and not
similarly altered from its natural condition).
25.
NONFERROUS AND ALUMINUM SCRAP — All non-container aluminum,
stainless steel, copper, zinc, brass, and other metals which generally
do not rust.
d.
MULTIFAMILY DWELLING — Shall mean any building or structure,
or complex of buildings in which three or more dwelling units are
owner-occupied or rented or leased, or offered for rental or lease,
for residential purposes (see N.J.S.A. 13:1E-99.13a.) and shall include
hotels, motels, or other guest houses serving transient or seasonal
guests as those terms are defined under subsection (j) of section
3 of the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (C. 55:
13A-1 et seq.).
e.
MUNICIPAL RECYCLING COORDINATOR — Shall mean the person or
persons appointed by the municipal governing body and who shall be
authorized to, among other things, enforce the provisions of this
section, any rules and regulations which may be promulgated hereunder
and is responsible for the preparation, completion and submission
of the tonnage grant report to the NJ Department of Environmental
Protection.
f.
MUNICIPAL SOLID WASTE (MSW) STREAM — Shall mean all solid waste
generated at residential, commercial, and institutional establishments
within the boundaries of the municipality of Lafayette.
g.
RECYCLABLE MATERIAL — Shall mean those materials, which would
otherwise become solid waste, and which may be collected, separated,
or processed and returned to the economic mainstream in the form of
raw materials or products.
h.
SOURCE-SEPARATED RECYCLABLE MATERIALS — Shall mean recyclable
materials which are separated at the point of generation by the generator
thereof from solid waste for the purposes of recycling.
i.
SOURCE SEPARATION — Shall mean the process by which recyclable
materials are separated at the point of generation by the generator
thereof from solid waste for the purposes of recycling.
[Ord. No. 2009-07 § II]
a.
Mandatory Source Separation. It shall be mandatory for all persons
who are owners, tenants, or occupants of residential and nonresidential
premises, which shall include but not be limited to retail and other
commercial locations, as well as government, schools and other institutional
locations within the municipality of Lafayette, to separate designated
recyclable materials from all solid waste. Designated recyclable materials
shall be deposited separate and apart from other solid waste generated
by the owners, tenants, or occupants of such premises and shall be
placed separately at the curb in a manner and on such days and times
as may be hereinafter established by regulations promulgated by the
Township of Lafayette.
[Ord. No. 2009-07 § III]
Separated recyclable materials become the property of the Township
of Lafayette at such time as an owner, tenant or occupant of any residential
or nonresidential premises shall place at the curb of such premises
or bring to the recycling center any designed recyclable materials
for collection by the Township of Lafayette or its authorized agent.
[Ord. No. 2009-07 § IV]
The collection of recyclable material by the municipality shall
be in the manner prescribed as follows:
a.
All containers and brown paper bags containing recyclable materials
shall be placed, prior to collection, between the curb and the sidewalk,
or in the absence of curb and sidewalk, as near to the street as not
to constitute a danger, where such receptacles shall be readily accessible
to the collector without providing obstruction to pedestrians. The
owner or occupant of the premises shall keep all receptacles clean
and in safe handling condition. Receptacles or other items to be disposed
of shall be placed as noted above any time after 5:00 p.m. of the
day immediately preceding the day of collection, but no later than
7:30 a.m. of the day of collection. After collection, any containers
shall be removed from the curbside by no later than 7:00 p.m. of the
day of collection.
b.
The owner or occupant of the premises shall keep all receptacles
clean and in safe handling condition. All residential containers shall
be sturdy and no larger than 30 gallons.
c.
Recyclable materials must be separately bundled for pickup and collection.
Residents will be notified yearly, via bulk mailing, of the manner
in which these materials are to be bundled.
d.
Alternatively, residents may take recyclable materials to a recycling
depot or market. A copy of the weight slip, with the amount of money
received removed, containing the market's name, address and phone
number, materials recycled and the weight of those materials must
be sent to the recycling coordinator.
[Ord. No. 2009-07 § V]
The owner of any property shall be responsible for compliance
with this section. For multifamily units, the management or owner
is responsible for setting up and maintaining the recycling system,
including collection of recyclable materials, in accordance with guidelines
or regulations established by the appropriate municipal office. Violations
and penalty notices will be directed to the owner or management, in
those instances where the violator is not easily identifiable. The
management shall issue notification and collection rules to new tenants
when they arrive and every six months during their occupancy.
[Ord. No. 2009-07 § VI]
a.
All commercial and institutional generators of solid waste shall
be required to comply with the provisions of this section.
b.
The arrangement for collection of designated recyclables hereunder
shall be the responsibility of the commercial, institutional or industrial
property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles, one for each litter receptacle, for designated recyclable
materials, for those materials commonly deposited, in the location
of the litter receptacle, and shall provide for separate recycling
service for their contents.
c.
The United States Post Office shall provide a container for patrons
to dispose of all fiber as defined in the Sussex County Solid Waste
Management Plan which includes, but is not limited to: junk mail,
magazines and mixed paper.
d.
Solid waste and recycling containers must be provided in a one to
one ratio at all recreation areas where food or beverage is provided.
e.
Every business, institution, or industrial facility shall report
on an annual basis to the recycling coordinator, on such forms as
may be prescribed, on recycling activities at their premises, which
may include, but not limited to, the amount of recycled material,
by material type, collected and recycled and the vendor or vendors
providing recycling service.
f.
All food service establishments, as defined in the Health Code, shall,
in addition to compliance with all other recycling requirements, be
required to recycle grease and/or cooking oil created in the processing
of food or food products, and maintain such records as may be prescribed,
for inspection by any code enforcement officer.
[Ord. No. 2009-07 § VII]
a.
Any application to the land use board of the municipality of Lafayette,
for subdivision or site plan approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development (Note:
A calculation of average amounts of materials generated from similar
facilities in the county may be provided to satisfy this requirement)
and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the municipal recycling coordinator.
b.
Prior to the issuance of a certificate of occupancy by the municipality
of Lafayette, the owner of any new multifamily housing or commercial,
institutional, or industrial development must supply a copy of a duly
executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the municipal engineer.
[Ord. No. 2009-07 § VIII]
a.
It shall be unlawful for solid waste collectors to collect solid
waste that is mixed with, or contains visible signs of, designated
recyclable materials. It is also unlawful for solid waste collectors
to remove for disposal those bags or containers of solid waste which
visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
b.
It shall be the responsibility of the resident or occupant to properly
segregate the uncollected solid waste for proper disposal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate
will be considered a violation of this section and the local sanitary
code.
c.
Once placed in the location identified by this section, or any rules
or regulations promulgated pursuant to this section, no person, other
than those authorized by the municipality shall tamper with, collect,
remove, or otherwise handle designated recyclable materials.
[Ord. No. 2009-07 § VIII]
The recycling coordinator, the supervisor of the road department
and the code enforcement officer are hereby individually and severally
empowered to enforce the provisions of this section. An inspection
may be inspected at any time by the township enforcement personnel
and will consist of opening and sorting through containers and waste
bags to detect, by sound or sight, the presence of any recyclable
material.
[Ord. No. 2009-07 § IX]
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine not less than $250, nor more than $1,000.
Each day for which a violation of this section occurs shall be considered
a separate offense.
[Ord. 2/2/99, § 1]
The purpose of this section is to establish regulations concerning
the operation and maintenance of alarm systems within the Township
of Lafayette and to provide penalties for violations of any of the
provisions of this section.
[Ord. 2/2/99, § 2]
The provisions of this section shall apply to any person who
operates, maintains or owns any alarm device or local alarm designed
to summon the police, fire companies, or other state, county or local
agencies to any location within the Township of Lafayette in response
to any type of signal, alarm or preprogrammed, prerecorded message.
[Ord. 2/2/99, § 3]
For the purpose of this section, the following definitions shall
apply:
Shall mean any type or alarm-actuating equipment which provides
warning of intrusion, fire, smoke, burglary, medical emergency, flood
or like perils, including automatic calling devices (devices using
normal telephone lines transmitting notification by telephone directly
to a private alarm company and then through the private company either
to the New Jersey State Police, the Lafayette Township Fire Department
headquarters, or any other State, County or local agency).
Shall mean that component installed in a central location
containing alarm indications and designations.
Shall mean the installation in one or more buildings of one
or more alarm devices for the express purpose of giving visual or
audible warning, or both, of an emergency, such as a burglary, intrusion,
fire, smoke, medical emergency, flood or like perils.
Shall mean a device that emits an audible signal from the
premises that is designed to protect.
Shall mean an alarm signal resulting in a response by the
New Jersey State Police, a municipal, county or regional first aid
squad, the Lafayette Township Fire Department, or any other state,
county or township agency where an emergency situation does not exist.
Shall mean an audible alarm or one that emits a flashing
light or other warning not transmitted beyond a single-family residence,
such as an electronically powered smoke detector or carbon monoxide
detector unit.
Shall mean any natural person, partnership, corporation,
association or other legal entity.
[Ord. 2/2/99, § 4]
All alarm systems referred to in this section shall, at the
time of their installation and at all times thereafter, meet the following
standards:
a.
All alarm systems must meet reasonable safety standards, such as
those acceptable to Underwriter's Laboratories or equivalent.
b.
Every alarm system capable of signaling multiple types of warnings
shall be equipped with separate distinguishing signals, as reasonably
required by the New Jersey State Police, to the end that the appropriate
authorities (including third party providers), upon receipt of a signal,
may immediately ascertain the nature and cause of the signal.
c.
Alarm systems equipped with automatic calling devices connecting
a private agency that shall then contact the New Jersey State Police,
the Lafayette Township Fire Department headquarters, or any other
State, County or local agency, shall be designed, installed or maintained
to call only the number of numbers designated for the purpose by the
New Jersey State Police and shall be equipped so that no message will
be repeated more than three times. Such calling devices shall be of
the digital type. Recorded-voice-message devices are not acceptable.
d.
All alarm systems capable of emitting audible signals shall be equipped
with an operating device which will automatically, by mechanical,
electrical or other means, shut off such audible signal after 15 minutes
of continuous sound audible beyond the boundaries of the premises
in which the alarm system is located.
e.
In any case where the alarm system emits sound in violation of the
foregoing subsection the operation or maintenance of the alarm system
shall be deemed to constitute the grant of permission by the owners
and occupants of the premises for law enforcement, first-aid or fire
officials to enter the premises and investigate and to disconnect
the alarm system.
[Ord. 2/2/99, § 5]
a.
It shall be the responsibility of all persons maintaining an alarm
system within the township to leave with the private alarm company,
who shall be obligated to notify the New Jersey State Police, the
name of a person or persons who can be reached in case of an emergency
or malfunction of the alarm device in order that the device can be
temporarily disconnected. Additionally, owners may leave a tagged
key to the premises with the private alarm company who shall then
have the option to deliver the key to the New Jersey State Police,
provided that, in so doing, the owner thereby releases the Township
of Lafayette and the New Jersey State Police from any claims of damage
or loss in connection with the action. Persons having an alarm device
which is being tested or repaired shall notify the New Jersey State
Police before tests or repairs commence and after completion of same
so as to avoid the possibility of activating a false alarm.
b.
Each person is responsible for whatever charges are required by any
alarm company making such installation and, in addition, thereto such
connection and monthly maintenance as required by the alarm company
responsible for the alarm board.
[Ord. 2/2/99, § 6]
a.
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the New Jersey State Police in a manner prescribed
by the rules and regulations herein made and provided. In addition,
in the case of false alarms, the New Jersey State Police shall cause
an investigation to be made and shall keep a record of the alarms
on file. For such false alarms, the Township Committee prescribed
the following penalties:
b.
Where the investigation of the New Jersey State Police discloses
continued abuse of the privileges of the alarm system either by the
property owner or the private alarm company and a disregard for taking
remedial steps to avoid false alarms, the Township Committee reserves
the right to require disconnection of the alarm system for a limited
or permanent time, upon the recommendation of the New Jersey State
Police, provided any person shall be given an opportunity to show
cause before the Township Committee why such action should not be
taken. In an emergency the New Jersey State Police shall be authorized
to temporarily disconnect any alarm system.
c.
All necessary steps shall be taken to immediately ascertain the cause
of any false alarm the problem shall be alleviated by the person having
an alarm device within 72 hours or show cause before the New Jersey
State Police why the malfunction cannot be remedied within that time
period. The New Jersey State Police shall have the discretion to grant
an additional period of time within which to make the repair.
d.
Testing of Alarm Equipment. Failure to properly advise the police
desk of such test will be treated as a false alarm and be subject
to the same penalties.
[Ord. 2/2/99, § 7]
Any person, firm or corporation found guilty in the Municipal
Court of the Township of Lafayette of violating the terms of this
section shall be subject to a fine not to exceed $500.
[Ord. 9/1/98, § 1]
The purpose of this section is to establish regulations concerning
littering within the Township of Lafayette and to provide penalties
for violations of any of the provisions of this section.
[Ord. 9/1/98, § 2]
a.
GARBAGE
LITTER
LITTER RECEPTACLE
PUBLIC PROPERTY
For the purpose of this section, the following definitions shall
apply:
Shall mean all solid wastes including, but not limited to,
paper, wrappings, cigarettes, wood, glass, bedding, crockery, building
materials, metals, junk, machinery, industrial wastes, animal and
vegetable wastes.
Shall mean garbage, as defined in this section, and all other
waste material which, if thrown, deposited or stored as prohibited
in this section, tends to create a danger to the public health, safety
and welfare.
Shall mean a litter storage and collection receptacle provided
by the owner or occupier of private premises or receptacle provided
by the municipality for use in a public place.
Shall mean any street, sidewalk, or other public way and
any and all public parks, squares, spaces, grounds, structures and
buildings owned or operated by the federal, state, county or municipal
government or any governmental agency.
b.
Word Usage. The word "shall" is always mandatory and not merely directory.
[Ord. 9/1/98, § 3]
No person shall throw, drop, discard, or otherwise place litter
or garbage of any nature in any bodies of water, upon public or private
property, other than in a litter receptacle.
[Ord. 9/1/98, § 4]
No person shall discard or dump along any street, or road, public
or private property, on or off any right-of-way, any household or
commercial solid waste or vehicles in any place not specifically designated
for the purpose of solid waste storage disposal.
[Ord. 9/1/98, § 5]
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 from being blown or deposited upon any
street, road or other public or private place. Any person operating
a vehicle from which any materials which constitute litter has been
deposited, must immediately cause the property to be cleaned of all
materials deposited and must pay the Township any costs incurred for
the cleanup.
[Ord. 9/1/98, § 6]
No person shall tamper, take or remove any contents from any
public or private receptacle containing garbage or recyclables which
has been placed or deposited along any public highway, street or road
for collection by the Township or any of its agents. Any person who
violates the purpose and intent of this section shall be subject to
the penalties set forth herein.
[Ord. 9/1/98, § 7]
The provisions of this section shall be administered and enforced
by licensed inspectors of the Department of Health of the County of
Sussex and the officials are specifically charged with the duty to
enforce this section, and, to that end, to make any signed complaints
for violations in the Municipal Court of the Township.
[Ord. 9/1/98, § 8]
Any person, firm or corporation who violates any provision of
this section shall, upon conviction thereof, be subject to a fine
not to exceed $500. If the violation is of a continuing nature, each
day during which it continues constitutes a separate and distinct
offense.
[Ord. No. 2011-07 § 1]
For the purposes of this section, "solicitation" or "solicit"
means the request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
[Ord. No. 2011-07 § 1]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation clothing bin for solicitation
purposes, unless all of the following requirements are met:
a.
The person has obtained a permit, valid for a specified period of
time from the Township, in accordance with the following:
1.
In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(c)
The name and telephone number of the bona fide office required
pursuant to paragraph e of this subsection, of any entity which may
share or profit from any clothing or other donations collected via
the bin; and
(d)
Written consent of the property owner to place the bin on his
property;
b.
The Township shall not grant an application for a permit to place,
use or employ a donation clothing bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
c.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee imposed for such renewal.
Such application shall include:
1.
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
2.
The manner in which the person has used, sold, or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal; and
3.
The name, and telephone number of the bona fide office required pursuant
to paragraph e of this subsection, of any entity which shared or profited
from any clothing or other donations collected via the bin, and of
any entities which may do so during the period covered by the renewal.
d.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin,
in addition to the information required pursuant to paragraph e of
this subsection.
e.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this paragraph, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
1.
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the
bin, and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office, and,
if applicable, the telephone number of the bona fide office of any
other entity which may share or profit from any clothing or other
donations collected via the bin;
(c)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via and bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the
Township in most recent permit or renewal application in paragraphs
a and c of this subsection, indicating the manner in which the person
anticipates any clothing or other donation collected via the bin would
be used, sold or dispersed, and the method by which the proceeds of
collected donations would be allocated or spent.
[Ord. No. 2011-07 § 1]
The fee for a charitable donation clothing bin permit shall
be the sum of $25. Each renewal of a charitable donation clothing
bin permit shall be the sum of $25.
[Ord. No. 2011-07 § 1]
The Township shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Township that a person has engaged in, or is engaging in any
act or practice in violation of Section 2 of P.L. 2007, c. 209 (C.
40:48-2.60 et seq.) or this section, the person who placed the bin
shall be issued a warning, stating that if the violation is not rectified
or a hearing with the Township is not requested within 45 days, the
bin will be seized or removed at the expense of the person who placed
the bin, and any clothing or other donations collected via the bin
will be sold at public auction or otherwise disposed of. In addition
to any other means used to notify the person who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
In the event that the person who placed the bin does not rectify
the violation or request, a hearing within 45 days of the posting
of the warning, the Township may seize the bin, remove it, or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Chief Financial Officer
of the Township.
[Ord. No. 2011-07 § 1]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of P.L.
2007, C. 209 (C. 40:48-2.60 et seq.) or this section which results
in seizure of the donation clothing bin shall be:
a.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the Municipal Court or Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L. 1999, c. 274 (C. 2A-58-10 et seq.), and any penalty monies collected
shall be paid to the Chief Financial Officer of the municipality;
and
b.
Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L. 2007, c. 209
(C. 40:48-2.61) and this section. A person disqualified from placing,
using or employing a donation clothing bin by violating the provisions
of P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) and this section may
apply to the Township to have that person's eligibility restored.
The Township may restore the eligibility of a person who:
[Ord. No. 2018-04 § 1]
This section shall be known as the "Lafayette Township Nuisance
Ordinance of 2018."
[Ord. No. 2018-04 § 2]
For the purposes of this section, the following terms shall
have the meanings listed below.
a.
LAW ENFORCEMENT OFFICER — Shall mean any officer of the New
Jersey State Police or Sussex County Sheriff's Office.
b.
NUISANCE — A nuisance exists when a person through action or
omission creates or permits any condition or thing to exist, which
either:
1.
Injures or endangers the comfort, repose, health or safety of others;
2.
Creates or allows to be created noxious odors or other odors that
are offensive to the senses;
3.
Allows the escape into the open air from any stack, vent, chimney,
or any entrance to the open air, or from any fire into the open air
of such quantities of smoke, fly ash, dust, fumes, vapors, mists,
or gases as to cause injury, detriment or annoyance to the inhabitants
of this municipality or endanger their comfort, repose, health or
safety;
4.
Allows or permits any condition which provides harborage for rats,
mice, and other vermin;
5.
Allows trees, branches or limbs originating from ones' property to
remain on any public sidewalk so as to create an inconvenience or
danger to pedestrians or others using the sidewalk;
6.
Results in the unlawful interference or obstruction of any public
or private street, alley, highway, sidewalk, stream, ditch or drainage,
or renders the use of same dangerous;
7.
Results in conduct that would constitute maintaining a nuisance under
N.J.S.A. 2C:33-12;
8.
Renders other persons insecure in life or the use of property; or
essentially interferes with the quiet enjoyment of life and property,
or tends to depreciate the value of the property of others.
c.
TOWNSHIP OFFICIAL — Shall mean any person employed by the Township,
either full or part time, or who works for the Township on an independent
basis and whose job duties include the enforcement of any ordinance,
regulation, code or statute or making inspection to ensure compliance
with any ordinance, regulation, code or statute. This includes, but
is not limited to, the zoning officer/official.
[Ord. No. 2018-04 § 3]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation of a nuisance.
[Ord. No. 2018-04 § 4]
In addition to the nuisances as defined in subsection 3-12.2 and prohibited in subsection 3-12.3 of this section, no person shall intentionally or willfully engage in conduct which interferes with, obstructs or otherwise unlawfully disrupts the lawful activities of any commercial or retail establishment or place of business located in the Township of Lafayette.
[Ord. No. 2018-04 § 5]
Upon becoming aware of a nuisance as defined in this section,
any Township Official or Law Enforcement Officer is authorized to
issue a summons against the owner or occupant of the property where
the nuisance is emanating, or if not fixed, to the person responsible
for the nuisance.
[Ord. No. 2018-04 § 6]
In the event a person or entity is convicted for a violation
of this section, the violator shall be subject to a fine set within
the range as specified below and depending on the offense as determined
by the municipal court judge:
a.
For a first offense: The minimum fine shall be $100 for each violation
with a maximum fine of $300 for each violation;
b.
For a second offence: The minimum fine shall be $100 for each violation
with a maximum fine of $500 for each violation;
c.
For a third and subsequent offense: The minimum fine shall be $100
for each violation with a maximum fine of $1,000 for each violation.
d.
In addition to fines provided for in paragraphs a through c above,
the court may impose an additional fine for each day the violation
is not cured commencing on the court date. The amount of these daily
fines shall be the determined consistent with the amounts authorized
in paragraphs a through c above.
e.
For purposes of this subsection 3-12.6, a subsequent offense shall mean a subsequent violation occurring at the same property but not necessarily for the same condition. If one year should pass without a violation occurring on a property as determined by a conviction in court, any violation after that one year period shall be considered a first offense.
f.
For any violation that is uncured after a conviction it shall be
deemed a continuing violation of the original summons and a daily
fine may be imposed without the necessity of issuing a further summons.
[Ord. No. 2018-04 § 7]
As an additional and cumulative enforcement right to the procedures and remedies set forth in subsections 3-12.5 and 3-12.6 of this section, the Township, or persons authorized by the Township, may, in the event of any violations of this section, enter upon the offending premises and remove, repair or alter any nuisance, hazard or dangerous structure or condition on such property, or otherwise abate any identified nuisance. Further, the Township may collect the costs of such removal or abatement, together with any penalty and costs as granted in summary proceedings, from the owner of the property or premises.
[Ord. No. 2018-04 § 8]
The Township may by means of a complaint filed in the New Jersey
Superior Court, Chancery Division or other appropriate Division of
this Court, obtain injunctive relief in order to compel the owner
or occupant of a structure or premises from where the nuisance is
emanating or originating, or the owner or operator of any equipment,
device or machinery which is the source of the nuisance, to abate
and cease the nuisance.
[Added 8-1-2023 by Ord.
No. 2023-10]
a.
The owner of a business or the owner of a rental unit or units, other
than a multifamily home as set forth in this section below, shall
be required to maintain liability insurance for all negligent acts
and omissions in an amount of no less than $500,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
b.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 8-1-2023 by Ord.
No. 2023-10]
a.
Any owner of a business or rental unit(s) required to maintain insurance as set forth in subsection 3-13.1 above, is required to register the certificate of such insurance coverage with the Township Clerk as follows:
b.
A new certificate will be required annually for each calendar year.
All certificates shall be renewed no later than January 15 of each
year. It shall be the responsibility of any owner conducting, operating
or engaging in any business covered by this requirement to apply for
a certificate at the Office of the Municipal Clerk.
[Added 8-1-2023 by Ord.
No. 2023-10]
The following words and phrases, when used in this section,
shall have the mearings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person offering and/or engaged in buying, selling, storing
and/or transferring merchandise, goods, real property, personal property,
moneys, services and/or other items who do so for a fee, price, retainer,
commission, percentage and/or other means of compensation for the
purpose, stated or otherwise, of realizing a profit or other gain.
The certificate of insurance form.
The certificate issued by the Municipal Clerk indicating
compliance with the registration requirement.
The registration form to be filed with the Municipal Clerk.
The Township of Lafayette.
[Added 8-1-2023 by Ord.
No. 2023-10]
a.
Any business owner, rental unit owner or owner of a multifamily home
that is four or fewer units, one of which is owner occupied, located
within the Township shall file a completed municipal insurance registration
form and certificate of insurance with the Municipal Clerk and shall
pay the required fee.
b.
The municipal insurance registration form shall contain the following
information for each owner applying for a certificate:
1.
The name of the owner.
2.
The nature and address of the business, rental unit(s) or multifamily
home(s).
3.
The business address of the owner.
4.
The home address of the owner.
5.
The business telephone number of the owner.
6.
The home telephone number and/or cell number of the owner.
7.
The trade name or other business identification titles used by the
owner.
c.
The Municipal Clerk shall issue a municipal insurance registration
certificate to any owner who files a completed municipal insurance
registration form with certificate of insurance demonstrating the
required coverage and pays the required fee.
d.
A copy of the completed municipal insurance registration form shall
be returned to the registrant with an acknowledgement by the Municipal
Clerk that it has been properly filed.
[Added 8-1-2023 by Ord.
No. 2023-10]
a.
In the event that two or more businesses occupy the same location,
the owner shall be required to complete a separate municipal insurance
registration form and obtain a separate certificate for each such
business.
b.
In the event that the same owner conducts businesses at two more
locations, a separate business registration form and certificate shall
be required for each location.
[Added 8-1-2023 by Ord.
No. 2023-10]
Every owner having a municipal insurance registration certificate
for a business or rental unit or multifamily home of four or fewer
units, one of which is owner occupied, that ceases to operate, changes
the principal activity in which it is engaged, changes its location
and/or locations in the municipality, moves out of the municipality
or changes owners and/or managers, must submit written notice to the
Municipal Clerk within 30 days of such change. In the event of cessation
of business or moving out of the municipality, the person having a
certificate for a business must provide the name, address and home
telephone number of the person or principal officer of the business
to the Municipal Clerk within 30 days of such event.
[Added 8-1-2023 by Ord.
No. 2023-10]
Issuance of a municipal insurance registration certificate by
the municipality does not evidence compliance with other applicable
rules, regulations, ordinances and statutes of the municipality, county
and State of New Jersey, or other regulatory agencies having jurisdiction
over the activities of the certificate holder.
[Added 8-1-2023 by Ord.
No. 2023-10; amended 10-3-2023 by Ord. No. 2023-14]
a.
The annual fee for registration of the certificate of insurance pursuant
to this section shall be $25 due at the time the certificate of insurance
is to be registered with the Municipal Clerk.
b.
This fee shall be waived in the event the owner of a business or
the owner of a rental unit(s) utilizes the Township's portal
to electronically submit the requisite insurance registration form
and a copy of the certificate of insurance.
[Added 8-1-2023 by Ord.
No. 2023-10]
If the owner of a business or rental unit(s) subject to the
registration requirements of this section is found to be in violation
of these provisions, a fine of not less than $500 but no more than
$5,000 may be assessed against same through a summary proceeding in
accordance with the provisions of N.J.S.A. 2A:58-10 et seq.
