[1971 Code § 38-1; Ord. 5-20-71]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking, and consumption of food.
Shall mean garbage, refuse and rubbish, as defined herein,
and all other waste material which, if thrown, deposited, or stored,
as herein prohibited, tends to create a danger to public health, safety,
and welfare.
Shall mean any dwelling house, building, or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, ground, walk, driveway, porch,
steps or vestibule belonging or appurtenant to such dwelling house,
building or other structure.
Shall mean any streets, sidewalks, alleys or other public
ways and any and all public parks, squares, spaces, grounds and buildings.
Shall mean any structure or building owned or operated by
the Federal, County or State government or any governmental agency.
Shall mean all putrescible solid wastes (except body wastes),
including garbage, rubbish, ashes, street cleanings, dead animals,
and solid market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as papers, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery, building materials and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1971 Code § 38-2; Ord. 5-20-71; Ord. No. 97-22, § I]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Township except in public
receptacles or in authorized private receptacles for collection; provided,
however, that the public receptacles shall not be used by persons
owning or occupying property in the vicinity of the public receptacles
for the deposit of domestic, commercial and industrial litter arising
from the conduct of the activities. In the event litter is located
in either private or public receptacles which litter contains the
name and/or address of a person, a rebuttable presumption shall arise
that such person placed or caused such litter to be placed in said
public or private receptacle.
[1971 Code § 38-3; Ord. 5-20-71]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place.
[1971 Code § 38-4; Ord. 5-20-71]
No person shall sweep into or deposit in any gutter, street
or other public place within the Township, the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[1971 Code § 38-5; Ord. 5-20-71]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the Township any accumulation of litter and all persons owning or
occupying places of business within the Township shall keep the sidewalk
in front of their business premises free of litter.
[1]
Editor's Note: Former § 3-1.6, Littering from Vehicles,
was repealed 3-2-2022 by Ord. No. 22-03. Prior history includes 1971
Code § 38-5 and Ord. No. 5-20-71. Former § 3-1.7,
Truck Loads Causing Litter, was repealed 3-2-2022 by Ord. No. 22-03.
Prior history includes 1971 Code § 38-7 and Ord. No. 5-20-71
[1971 Code § 38-8; Ord. 5-20-71]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Township.
[1971 Code § 38-9; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Township. Nor shall any person hand out or distribute or sell
any commercial handbill in any public place; provided, however, that
it shall not be unlawful on any sidewalk, street or other public place
within the Township for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill to any
person willing to accept it.
[1971 Code § 38-10; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[1971 Code § 38-11; Ord. 5-20-71]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[1971 Code § 38-12; Ord. 5-20-71]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so, or if there is placed on the premises
in a conspicuous position near the entrance thereof, a sign bearing
the words: "No Peddlers or Agents," "No Advertisement" or any similar
notice, indicating in any manner that the occupants of the premises
do not desire to be molested or have their right of privacy disturbed
or to have any such handbills left upon such premises.
[1971 Code § 38-13; Ord. 5-20-71]
No person in any aircraft shall throw out, drop or deposit within
the Township any litter, handbill or any other object.
[1971 Code § 38-14; Ord. 5-20-71]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamppost, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized by the owners thereof or
required by law.
[1971 Code § 38-15; Ord. 5-20-71]
No person shall throw, deposit or store litter on any occupied
private property within the Township, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection and removal
of same in such manner that same shall not be unsightly and detrimental
to the surrounding neighborhood.
[1971 Code § 38-16; Ord. 5-20-71]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, particularly one
or more automobile bodies, frames, or chassis, one or more automobiles
unable to be self-propelled, or one or more abandoned automobiles;
provided, however, that this subsection shall not prohibit the storage
of litter in authorized private receptacles for collection.
[1971 Code § 38-17; Ord. 5-20-71]
No person shall throw or deposit litter on any open or vacant
private property within the Township, whether owned by such person
or not.
[Ord. No. 90-8, § I]
Public utility companies (including electric company and telephone
company) shall undertake reasonable efforts to prevent the placing
upon their poles of any marks, signs, placards, bulletins, notices
or any other advertising object. The public utility companies shall
cause any such advertising objects as listed above to be removed from
their poles and shall maintain same free of all such advertising objects.
[1971 Code § 38-18; Ord. 5-20-71; Ord. No. 86-6, § 1; Ord. No. 88-8, §§ 1 —
2; Ord. No. 2017-06]
In lieu of what has been stated here, any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable for a penalty not less than $250 or a maximum penalty as stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute as a separate offense and shall be punishable as such.
[Ord. No. 89-11, § 1]
As used in this section:
Shall mean the drawing, painting or the making of any inscription
on a bridge, building, public transportation vehicle, rock, wall,
sidewalk, street, signs or other exposed surface on public or private
property without the permission of the owner.
[Ord. No. 89-11, § 1]
Any person committing an act of graffiti in the Township shall
be deemed a disorderly person.
[1971 Code; Ord. No. 80-6; Ord. No. 03-04, § 1; Ord. No. 10-27; 8-19-2020 by Ord. No. 20-23]
This section shall be known and may be cited as the "Public
Parks Regulations of the Township of Millstone."
The purpose of this section is to establish hours of the day
when parks, facilities and/or lands of the Township will be open for
active or passive recreational use at Abate Park, Brandy Wine Park,
Millstone Park, Rocky Brook Park, and Wagner Farm Park. To clarify
appropriate use thereof in the interest of the general health, welfare,
and pride of the residents of Millstone Township.
Public parks within the Township shall be open from dawn to
dusk; unless posted otherwise.
[Amended 4-21-2021 by Ord. No. 21-05]
The Township's parks shall only be used for purposes consistent
with Township designated government uses, non-profit, public recreation
and enjoyment. Set forth below, are specifically prohibited uses or
activities. Such list is not to be deemed all inclusive; but, representative
of specifically prohibited uses or activities:
a.
Any use or activity which violates any law, ordinance, regulation
or restriction.
b.
Any hunting without the specific permission evidenced in writing
and signed by the Township Administrator. Nor shall any person or
persons molest, harm, frighten, kill, trap, pursue, chase, tease,
shoot or throw objects at any animal, wildlife, reptile or bird; nor
shall be remove or have in his possession the young of any wild animal,
or the eggs or nest, or young of any reptile or bird. Except for law
enforcement, emergency services, or organizations providing a service
for the Township, Monmouth County, the State of New Jersey or other
government agencies.
c.
Carry or possess firearms of any description, or air rifles, spring
guns, bow and arrows, slings or any other forms of weapons potentially
inimical to wildlife and dangerous to human safety, or any instrument
that can be loaded with fire blank cartridges, or any kind of trapping
device without the specific permission evidenced in writing and signed
by the Township Administrator. Shooting into Township property from
beyond Township lands or facilities boundaries is also forbidden.
Except for law enforcement, emergency services, or organizations providing
a service for the Township, Monmouth County, the State of New Jersey
or other government agencies.
d.
Possess, consume or distribute illicit drugs and/or alcoholic beverages in violation of § 3-25, Drug-Free Public Property Zones, of the Municipal Code.
f.
Leave a picnic area 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 Township parks, facilities and/or lands
by the picnicker to be properly disposed of elsewhere.
g.
Build or attempt to build a fire or permit to drop, throw or otherwise
scatter lighted matches, burning cigarettes, cigars, tobacco paper
or other inflammable material on any park, facility and/or lands or
upon any highways, roads or streets abutting or contiguous thereto.
j.
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means.
k.
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
l.
Construct, set or erect any building, structure, tent, shack of any
kind, whether permanent or temporary, or run or string any public
service utility into, upon, or across such lands, except by special
permit. Nor shall any person leave in Township lands or facilities
after closing hours any vehicle, property and/or equipment of any
kind.
m.
Damage, cut, carve, plant, transplant or remove any vegetation, injure
bark, pick flowers or seeds of any tree or plant; dig, disturb and/or
cut grass areas, or in any other way injure the natural beauty or
usefulness of any area.
n.
Picnic or lunch in a place other than those designated for that purpose
if picnic areas are available. Township workers shall have the authority
to regulate activities in such areas when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
o.
Use of parks, facilities and/or lands for an unreasonable time if
the facilities are crowded.
p.
Fireworks and their use in violation of § 3-26, Manufacturing, Selling, Transporting or Using Firework, of the Municipal Code.
q.
Permitting dogs to run at large in violation of § 9-1.3, Running at Large, of the Municipal Code.
r.
Permitting pets or animals owned by the individual to enter onto
playing courts, playing fields, water bodies and/or into areas not
customary for pets and animals to use.
t.
Enter an area posted as "closed to the public," nor shall any person
use, or abet in the use of any area in violation of posted notices.
u.
Sleep or protractedly lounge in parks, facilities and/or lands.
v.
Engage in loud, boisterous, threatening, abusive, insulting or indecent
language or engage in any disorderly conduct.
w.
Expose or offer for sale any article or thing, nor shall be station
or place any stand, cart, or vehicle for the transportation, sale,
or display of any article or thing. Exception is here made as to any
regularly licensed concessionaire acting by and under the authority
and regulation of the Township.
x.
Fail to observe any schedules or time regulations posted to control
the usage of facilities, courts, fields and areas.
y.
Fail to observe triangular yield signs for pedestrian, bicycle and
equestrians on trails. Horses have the right of way followed by bicycles
with pedestrians yielding to all others.
z.
No person shall undress or disrobe, or dress or robe, in any public
place, except such place as may be provided for such use. This section
will not apply to outer clothing or to children under the age of five
years.
aa.
The release of wild or domestic animals in facilities, parks and/or
lands of the Township.
bb.
Play, chip, putt or practice golf; swing any golf club within any
facilities, parks and/or lands of the Township.
cc.
Any unmanned vehicle or device of any size that is capable of propulsion
or movement. By use of remote control, geographic position systems
(GPS) guided autopilot mechanisms, cameras or other sensors used within
any facilities, parks and/or lands of the Township. Except those used
for law enforcement, emergency services, or organizations providing
a service for the Township, Monmouth County, the State of New Jersey
or other government agencies.
dd.
Failure to comply with § 35-16-5, Pet Waste, of the Land Use Regulations of the Township of Millstone.
[Added 9-2-2020 by Ord.
No. 20-25
ee.
Engaging
in any use or activity for which the participants have paid for services
or lessons and/or the instructors have received any remuneration.
For example, tennis courts shall not be used by any person(s) to facilitate
the giving of tennis lessons for remuneration or as part of a paid
recreation activity or rental of horses or equipment to be used directly
on Township facilities, parks or trails . Exception to this prohibition
shall be:
[Added 4-21-2021 by Ord. No. 21-05]
1.
Remuneration
paid to referees, umpires or others officiating an activity which
takes places under the auspices of the Township recreation program
or organized by one of the non-profit youth sports organization which
has permission to use the Township facility.
2.
Remuneration
paid to referees, umpires or others officiating an activity or supervising
an activity which takes place under the auspices of a permit granted
by the Township to utilize the Township’s facility.
The purpose of this section is to establish the policies, procedures
and fees associated with the reservation and use of active or passive
recreational fields, lights, buildings and court surfaces. These facilities
are public property and should be made available for public use when
it is determined that such use would not subject these facilities
or their participants to any harm or injury. Use of these facilities
should be programmed and regulated for the convenience of their users
in order to ensure availability and safety. Proper maintenance and
care are required in order to maintain them and keep them in proper
condition for usage. As such, the following rules and policies are
a means of maintaining and improving the accessibility of Millstone's
municipal recreation fields and facilities while at the same time
providing for their safe, constructive and prolonged use.
a.
Any resident or nonresident shall be entitled to use recreational
fields and courts from dawn to dusk except during those periods when
same is closed to the public for programs scheduled by the Recreation
Department or those periods when permits to use same have been issued
by the Recreation Department or when closed for routine maintenance
by the Township.
b.
Public parks within the Township equipped with lighting shall be
open from dawn to dusk unless the lighting is permitted to be in operation
in which case the park shall remain open only for those groups with
either a permit or sponsored by the Recreation Department. Fields
with lighting will not be permitted to operate past 10:30 p.m.
c.
In the case of inclement weather, field maintenance or other significant
determination by Township personnel, any area may be declared closed
to the public by the Township at any time and for any interval of
time, either temporarily or at regular and stated intervals, regardless
of whether an individual or organization has obtained a permit to
use the same. The Township shall post a notice of any closure near
the entrances to the park or specific field or area as appropriate
or through the recreation website.
d.
All areas are at risk to be hit with balls. Millstone Township will
not be liable for any vehicle or personal damage as a result of recreational
activity.
e.
Municipal parks and buildings are under video surveillance.
f.
Permits are not required for the unreserved use of the parks, playgrounds
and open space areas by individuals during regular park hours from
dawn to dusk.
g.
A permit is required for the following uses of the recreational facilities
and courts:
1.
Reservation and use of any indoor facility.
2.
Groups or organizations of 50 participants or more.
3.
Use of any area requiring outdoor lights.
4.
Use of any park facility before or after normal park hours of dawn
to dusk.
5.
Priority use of any outdoor facility or field by an individual or
group.
h.
Applications for the use of any park facility can be obtained via the Millstone Township Recreation website (www.millstonerec.org) or requested in person or by mail from the Recreation Department located at: 470 Stagecoach Road, Millstone Twp. NJ 08510. Applications must be submitted at least 15 business days prior to said event. Fees are required with each permit. See § 5-5 for a list of the required fees.
i.
Formal organizations (e.g. athletic leagues, companies, associations)
that wish to use municipal facilities must maintain adequate insurance
coverage and provide proof of coverage with their application. An
original certificate of insurance listing Millstone Township as the
certificate holder and as an additional insured is require at the
time of the application.
1.
Determination as to whether a group is formal or informal will be
made by the Township Administrator and Recreation Director. Factors
that will be considered include, but are not limited to, incorporation
status, size of membership, frequency of gatherings and existing insurance.
2.
Those users required to have insurance must maintain commercial general
liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
j.
A returnable deposit of $200 (check or money order made payable to
Millstone Township) is required with all applications that require
a certificate of insurance. This deposit will be used to cover any
damage to Township property. Users will be notified in writing by
the Recreation Department if any such charge will be assessed along
with an explanation for the assessment.
k.
Municipal facilities cannot be used for any purpose prohibited by
law.
l.
Permit applications can be denied at the discretion of the Township.
m.
Permits are not transferable. All fees and deposits shall be paid
in advance.
n.
The proposed activity shall not unreasonably interfere with or detract
from the general public use and enjoyment of the park.
o.
The proposed activity shall not entail extraordinary or burdensome
expense or police operation by the Township.
p.
Alcohol is not permitted unless for a special event approved by the
Township Committee.
No person shall operate any registered motor vehicle or conveyance,
under the following circumstances:
b.
All motor vehicles driven on Township parks, facilities and/or lands
shall be driven only on roadways and parking areas designed for public
use.
c.
Parking of a vehicle or to permit a vehicle to stand in other than
an established or designated parking area, and such shall be in accordance
with posted directions and under the direction of any designee who
may be present.
d.
eave a vehicle standing or parked at night in established parking
areas or elsewhere in the Township parks, facilities and/or lands.
The word "bicycle" as used herein is defined as any one-, two-,
three-, or four-wheeled device propelled by human power upon which
any person may ride, not including wheelchairs or similar devices.
a.
New Jersey Law requires that any person under the age of 17 riding
a bicycle, as an operator or passenger, must wear a protective bicycle
helmet. N.J.S.A. 39:4-10.1; 39:4-10.7.
b.
Operation of bicycles on any area except those marked or otherwise
designated specifically for bicycle use is prohibited.
c.
Owner or operator of a bicycle shall not leave a bicycle lying on
the ground or pavement or set against trees or in any place or position
where other persons may trip over or be injured by them.
d.
Operator shall stay on designated trails only and stay to the right
when passing oncoming trail users.
e.
Bicycle riders are to yield to equestrians or those with horses.
f.
Navigate, direct, or handle any bicycle in such a manner as to unjustifiably
or unnecessarily annoy, frighten or endanger the welfare or wellbeing
of other park users or Township agents or to the detriment of Township
property is prohibited.
The word "equestrian" as used herein is defined as any person
having the physical control or who is responsible for the physical
control of a horse. The word "horse" as used herein is defined as
any "horse or equine beast of burden." The following rules governing
over activities of any equestrian within parks and other public property
or easement of the Township:
a.
Stay on designated trails only and enter or exit horse trails only
at designated locations.
b.
Be courteous and considerate to other park users and kind to their
horses. Riders are responsible for the actions and well-being of their
horse.
c.
Be considered to have the right-of-way on designated equestrian trails
or areas and stay to the right when passing oncoming trail users.
d.
Be responsible for seeing that such special controls as may be imposed
by the Township Administrator or her designee (such as trail or area
closing due to poor surface conditions, construction, etc.) are respected
insofar as the use of their horses are concerned.
e.
Horses must always be kept under control and ridden at permitted
gaits (walk, trot, or slow canter). Absolutely no racing is permitted
on Township parks and other public property.
f.
Do not tie or hitch a horse or horses to any tree or plant.
g.
Loading or unloading of horse(s) shall be carried out in locations
designated for equestrian use.
Upper Rogers Pond shall only be used for purposes consistent
with designated Township uses, public recreation and enjoyment. The
following rules and regulation are set forth to maintain park resources
in a natural, unaltered state and to continue to bring enjoyment to
Millstone Township's residents:
a.
Boating shall be permitted in the Upper Rogers Pond, provided that
permitted boats shall be limited to rowboats, rafts, canoes, and kayaks.
Standup paddle boards, sailboats, and/or wind-powered watercraft are
prohibited.
b.
No gasoline engines shall be permitted in any body of water located
at any park, facility and/or lands of the Township. Low voltage trolling
motors are acceptable.
c.
No person shall navigate, direct, or handle any boat in such a manner
as to unjustifiably or unnecessarily annoy or frighten or endanger
the welfare or wellbeing of an occupant of any other boat or other
park users, Township agents or to the detriment of Township property.
d.
Operating any boat or other water craft, upon any waters, except
at places designated for boating by the Township Committee is prohibited.
e.
Throw, discharge, or otherwise place or cause to be placed in the water of any pond, lake, stream or other body of water in or adjacent to any Township lands or facilities or any 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. Violation of this falls under § 3-1 of this Code.
f.
Tying, anchoring or mooring of boat to the Township fishing dock,
trees or natural features and structures is prohibited.
g.
Leave unattended any launched or moored watercraft for a protracted
length of time.
h.
Ice skating, ice fishing, swimming, jumping or diving, wading and/or
treading water are prohibited at any facilities, parks and/or lands
of the Township.
i.
The following are prohibited uses or activities of the Upper Rogers
Pond Boat Ramp:
1.
Use, park, or operate any motor vehicle outside of the designated
boat ramp or parking areas.
2.
Use the boat ramp for other activities outside of launching or retrieving
permitted boat or water vessel.
3.
Parking or leaving a vehicle for a protracted amount of time in or
around the boat ramp area and not in a designated parking stall.
4.
Utilize boat ramp area when posted closed.
5.
Spin or cause to spin, the tires of any motor vehicles in such a
manner that damage is caused to the roadway or parking area, or any
ground within the Township Launch Facility area.
6.
Permitting any watercraft to obstruct the launching or retrieval
of other watercraft.
The Township of Millstone strives to maintain park resources
in a natural, unaltered condition. Native fish contribute to nutrient
recycling and help to maintain natural ecosystem processes when they
live out their entire lifecycle, from spawning to death, in the aquatic
system. Releasing all fish caught while in Millstone's Parks will
ensure that enjoyment of this recreation opportunity will last for
generations to come.
a.
The following are rules for proper catch and release:
1.
Use wet hands when handling a fish or a knotless rubberized landing
nets and rubberized gloves. This helps maintain the slime coat on
the fish, which protects it from infection and aids in swimming. Anglers
that know how to practice proper catch and release never use a towel
of any kind when handling fish since a towel can remove this slime
coat.
2.
Pinch the barb on your hook flat so it's easily removed. You should
also start by using the right hook. Circle hooks are the ideal choice
for catch and release fishing.
3.
Hold the fish horizontally whenever possible since this is the way
fish naturally swim through the water. Do not drop the fish onto hard
surfaces.
4.
Keep your fingers away from the gills and eyes of the fish.
5.
Keep the fish in the water as much as possible and use a pair of
forceps or needle- nosed pliers to remove the hook.
6.
Release fish as soon as practical and do not keep them out of the
water longer than necessary. Always release your fish head first into
the water. Release a fish head first into the water, it forces water
through the mouth and over the gills, which helps to resuscitate the
fish. Revive exhausted fish by placing the fish in the water, facing
the current if possible, with one hand underneath the belly and the
other hand holding the bottom lip or tail.
b.
Fishing is permitted by pole and line method only.
c.
The use of parks, facilities and/or lands of the Township are subject
to N.J. State statutes and Division of Fish and Wildlife laws and
regulations.
d.
All anglers shall fish in park waters with the appropriate state
licensing if and when applicable.
e.
Artificial flies and lures made of metal, wood, feathers, hair, or
non-synthetic material suggested for use. Lures or flies with scent,
oil, or edible enticement added onto, or impregnated into may be used
but also not suggested.
f.
Only circle hooks and barbless hooks are permitted. Pinched barb
is also acceptable.
g.
Fishing shall be in waters designated by the Township Committee,
NJDEP Fish and Game, Environmental Commission and/or Township Administrator.
[1971 Code § 25-1; Ord. 5-20-71]
The owner or tenant of any lands lying within the Township shall
keep all brush, hedges and other plant life growing within 10 feet
of any roadway, and within 25 feet of the intersection of two roadways,
cut to a height of not more than 2 1/2 feet where it shall be
determined necessary and expedient for the preservation of the public
safety, within 10 days after notice to cut and remove the same.
[Ord. No. 14-05]
The owner or tenant of any lands lying within the Township shall
remove dead, diseased or otherwise hazardous trees or tree limbs that
are deemed a threat to public property including roadways, intersections
or municipal lands. The owner of the tree is determined by the location
of the trunk of said tree. Where it is determined necessary and expedient
for the preservation of public safety, within 10 days after notice,
the owner shall cut and remove the same.
[1971 Code § 25-2; Ord. 5-20-71; Ord. No. 09-19, § 1; Ord. No. 14-05]
Such notice to cut and remove objectionable brush, hedges, hazardous
trees or tree limbs and other plant life shall be given by the Township
Administrator or his/her designee to the owner or tenant by registered
mail or certified receipted mail to the last known post office address.
[1]
Editor's Note: Former subsection 3-4.3, Determination of Need
for Cutting, previously codified herein and containing portions of
1971 Code § 25-3 and Ordinance 5-20-71, was repealed in
its entirety by Ordinance No. 09-19.
[1971 Code § 25-4; Ord. 5-20-71; Ord. No. 93-13, § 1; Ord. No. 09-19, § 1; Ord. No. 14-05]
In the event of the failure of any owner or tenant to keep all
brush, hedges and other plant life growing within 10 feet of any roadway,
and within 25 feet of the intersection of two roadways, cut to a height
of not more than 2 1/2 feet or to remove hazardous trees or tree
limbs after written notice thereof, the Township may proceed to cause
the cutting and removal of such brush, hedges, hazardous trees or
tree limbs and other plant life under the direction of the Township
Administrator or his/her designee.
[1971 Code § 25-5; Ord. 5-20-71; Ord. No. 09-19 § 1; Ord. No. 12-10; Ord. No.
13-07 § 2; Ord. No. 14-05]
In any case where the Millstone Township Department of Public
Works or outside contractor has cut and removed brush, hedges, hazardous
trees or tree limbs and other plant life, the Township Administrator
or his/her designee shall thereafter certify to the Township Committee
the cost thereof, and if the amount so certified is by resolution
of the Township Committee determined to be correct and reasonable,
the Township Clerk shall deliver a certified copy of the resolution
to the Tax Collector. The amount so charged shall become a lien upon
such lands from which the brush, hedges, hazardous trees or tree limbs
and other plant life were cut and removed, and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as other taxes,
and shall be collected and enforced by the Tax Collector in the same
manner as taxes, as authorized by N.J.S.A. 40:48.2-26 and 40:48.2-27.
[1971 Code § 25-6; Ord. 5-20-71; Ord. No. 09-19, § I; Ord. No. 14-05]
Any person who shall refuse or neglect, after written notice
as above set forth, to comply with the demands therein made with respect
to the cutting of the foregoing for the preservation of the public
safety of the citizens of the Township, within the period of time
above set forth, shall, upon conviction thereof, be liable to a penalty
not to exceed the $500 fine, and each and every day in which the owner
or tenant shall refuse or neglect so to cut the matter shall be and
constitute a separate offense. The imposition and collection of any
fine or penalty prescribed by this subsection shall not bar the right
of the Township to collect the cost of the cutting of the brush, hedges,
hazardous trees or tree limbs and other plant life, as hereinbefore
specified; and the remedies shall be cumulative.
[Ord. No. 09-19, § II]
It shall be the duty of the owner, tenant or person in possession
of any dwelling or lands in the Township, except for dedicated conservation
easements, to keep all previously established lawn areas free from
grass 10 inches in height or higher and all lands free of brush, weeds,
heavily matted cut grass, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, litter, trash and debris, and any solid waste
stored in such a way that is accessible to and likely to be strewn
about by animals such as but not limited to dogs, cats, raccoons,
birds, or rodents, where the same are inimical to the preservation
of public health, safety and general welfare of the Township, or which
may constitute a fire hazard.
[Ord. No. 09-19, § II]
If the reported conditions are found to exist, after an investigation
of any complaint of a resident, officer, or employee of the Township
relative to a violation of this section or upon his own initiative,
the Township Administrator or his/her designee shall direct that a
notice be sent to the owner, tenant or person in possession of the
dwelling or land complained of in writing either personally or by
registered or certified mail to remove such brush, weeds, grass, dead
or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
or other debris within a period not less than 72 hours nor more than
10 days.
[Ord. No. 09-19 § 3; Ord. No. 13-07 § 2]
If the owner, tenant or person in possession of the dwelling or lands in question shall fail to abate the condition complained of within the time period specified after receipt of notice, the Township Administrator or his/her designee shall cause the condition complained of to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall certify the cost, including the applicable administrative fee established in Chapter 5, to the Township Committee, which shall examine the certificate and, if it is correct, adopt a resolution causing the cost as shown thereon to be charged against the dwelling or lands. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling and lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Ord. No. 09-19, § II]
[Ord. No. 2017-12]
It is determined that certain types of the invasive species
plants are invasive, often difficult to control, and can cause significant
damage to property. The purpose of this section is to preserve and
protect public and private property in the Township from the damaging
spread of invasive species plants, to protect indigenous and other
plant materials from the invasive spread of invasive species plants,
and to maintain the general welfare of the residents of the Township.
[Ord. No. 2017-12]
For purposes of this section 3-4B:
Shall mean and include plant species commonly known as Running
(monopodial) Invasive Species Plant or Clumping (sympodial) Invasive
Species Plant. This definition shall include but is not limited to
the following plant genera:
Shall mean Bamboo and each of the following: Canadian Thistle
(Cirsium arvense), Eurasian Watermilfoil (Lonicera japonica), Garlic
Mustard (Alliaria petiolate), Japanese knotweed (Polygonum caspidatum),
Japanese Stiltgrass (Microstegium vimineum), Mile-a-minute (Polygonum
perfoliatum, Purple Loosestrife (Lythrum salicaria), Russian Olive
(Elaeagnus angustifolia) and Water Chestnut (Trapa natans) and shall
include the plant, and any cutting, flower, seed, root, other plant
part, or cultivar therefrom.
[Ord. No. 2017-12]
In the event invasive species plant is planted upon or is currently
located upon any property within the Township, the owner and occupant
of said property shall jointly and severally be required to confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
a.
In lieu of confining the species, the property owner or occupant
may elect to totally remove the invasive species plant from the property,
and all affected properties.
b.
Failure to properly confine such invasive species plant shall require
removal as set forth below. The cost of said removal shall be at the
invasive species plant property owner's expense.
c.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Township Inspector
that the invasive species plant which is on his/her property originated
on another property.
[Ord. No. 2017-12]
In the event invasive species plant is present on a property
in the Township and a complaint is received by the Township regarding
an encroachment of any invasive species plant and the Township Inspector,
after observation and/or inspection, determines that there is an encroachment
or invasion of an invasive species plant on any adjoining/neighboring
private or public property or public right-of-way (hereinafter, "the
affected property"), the Township shall serve notice to the invasive
species plant property owner in writing that the invasive species
plant has invaded other private or public property(s) or public right-of-way(s)
and demand the removal of the invasive species plant from the affected
property, and demand approved confinement against future encroachment
or, in the alternative, the total removal from the invasive species
plant property owner's property. Notice shall be provided to the invasive
species plant property owner, as well as to the owner of the affected
property, (both as appear in the official records of the Township
Tax Assessor) by certified, return receipt requested mail and regular
mail. Within 45 days of receipt of such notice, the invasive species
plant property owner shall submit to the Township Inspector, with
a copy to the owner of the affected property, a plan for the removal
of the invasive species plant from the affected property, which plan
shall include restoration of the affected property after removal of
the invasive species plant. Within 120 days of receipt of approval
of the plan of removal and restoration, the removal and restoration
shall be completed to the satisfaction of the Township.
[Ord. No. 2017-12]
a.
If the invasive species plant property owner does not accomplish the removal of the invasive species plant from such other private or public property or public right-of-way in accordance herewith, the Township Inspector shall cause a citation to be issued and penalties to be imposed in accordance with Section 1-5, "General Penalty", for each day the violation continues.
b.
The Township may also institute civil proceedings for injunctive
or civil relief.
c.
In addition to the recourse set forth in paragraphs a and b above, if the invasive species plant property owner does not accomplish the removal of the invasive species plant from public property or a public right-of-way in accordance herewith, the invasive species plant shall be considered a "weed" and the provisions of subsection 3-4A.3 allowing the Township, at its option and discretion, to remove the invasive species plant, certifying the costs of removal and imposing a lien, shall apply.
d.
Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a Court of proper jurisdiction,
nor the institution of civil proceedings against the invasive species
plant property owner and/or other responsible private parties.
[1971 Code § 44-1; Ord. 5-20-71]
It shall be unlawful for any person to leave outside of any
building or dwelling in a place accessible to children any abandoned,
unattended or discarded icebox, refrigerator or any other container
of any kind which has an airtight door or lock which may not be released
for opening from the inside of the icebox, refrigerator or container.
[1971 Code § 44-2; Ord. 5-20-71]
It shall be unlawful for any person to leave outside of any
building or dwelling in a place accessible to children any abandoned,
unattended or discarded icebox, refrigerator or any other container
of any kind which has an airtight snaplock or other device thereon
without first removing the snaplock or doors from the icebox, refrigerator
or container.
[1971 Code § 44-3; Ord. 5-20-71]
It shall be unlawful for any person to leave in a place accessible
to children any abandoned or unattended well, cesspool or cistern
without an adequate and substantial cover.
[1971 Code § 44-4; Ord. 5-20-71; Ord. No. 88-8, §§ 1
— 2]
[Ord. No. 86-5, § 2; Ord. No. 98-06, § I]
As used in this section:
Shall mean equipment or a device or an assembly of equipment
and devices designed to signal the presence of an emergency or hazard
requiring urgent attention and to which Police or Fire Department
or any other services may be expected to respond.
Shall mean any alarm or signal of an alarm system actuated
by inadvertence, negligence, intentional or unintentional act of a
person other than an intruder, and shall include as well, an alarm
caused by malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms caused by a malfunction of the police
or third party service alarm console.
Shall mean any alarm or device which, when actuated, produces
a signal not connected to another source, such as store burglar alarms
actuating bell devices.
[Ord. No. 86-5, § 2; Ord. No. 95-05, § I; Ord. No. 97-06, § I; Ord. No. 98-06, § I]
In the event of a false alarm, any person having knowledge thereof
shall immediately notify the State Police. If a fire alarm was received,
the Fire Chief shall investigate the alarm to determine whether or
not it was false. The Chief shall issue a report of all false fire
alarms and forward a copy of such report to the Code Enforcement Officer.
If the alarm was other than a fire alarm, the State Police shall be
in charge of investigating and determining if the alarm was false,
and may issue warnings and summonses. The Code Enforcement Officer
shall receive and review all false alarm reports from the Fire Chief
and the State Police. Based upon such review, the Code Enforcement
Officer may conduct any additional investigation he/she believes advisable
and may issue warnings or summonses if none has previously been issued
as to the particular false alarm in question. The Code Enforcement
Officer shall keep a record of all alarms determined to be false by
the Fire Chief, State Police or by him/herself. Such record shall
be organized in a manner to facilitate tracking the number of such
alarms received from each location. False alarms shall result in the
following penalties:
a.
For the first and second false alarm within a year, a warning shall
be issued.
b.
For the third and subsequent false alarms in a year, each such false
alarm shall subject the violator to a minimum $100 fine for the first
offense, $200 for the second offense and for each offense thereafter,
up to $1,000 maximum. Any person issued a first or second violation
under this paragraph b within the year and who intends to plead guilty
to the charge shall not be required to make a court appearance, but
shall pay the fine as prescribed above.
c.
For the purposes of enforcement, each false alarm, without regard
to the type of alarm, i.e. fire, burglary or other, shall constitute
a false alarm.
[Ord. No. 98-06, § I]
Whenever a false alarm is received from a location, it shall
be rebuttably presumed that an owner of the property has either caused
the alarm or has not undertaken appropriate repair of the alarm system
in order to prevent such false alarm. In such cases where the investigation
of the false alarm does not indicate that the false alarm resulted
from the actions of some person other than the property owner, if
the Fire Chief, Code Enforcement Officer or other law enforcement
officer determines to issue a warning or summons, it may be issued
to the property owner.
[Ord. No. 88-16, § 42A-1; Ord. No. 96-19, § I; Ord. No. 10-04, § I; Ord. No. 11-07]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug Free Zone Map prepared by Leon S. Avakian, Inc.,
dated March 1, 2010 and revised on March 28, 2011, is hereby approved
and adopted as an official finding and record of the location and
areas within the Township of property which is used for school purposes
and which is owned by or leased to any elementary or secondary school
or School Board and of the areas on or within 1,000 feet of such school
property.
[Ord. No. 88-16, § 42A-2]
The School Board or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Township Clerk,
Township Engineer and the Township Attorney of any changes or contemplated
changes in the location and boundaries of any property owned by or
leased to any elementary or secondary school or School Board and which
is used for school purposes.
[Ord. No. 88-16, § 42A-3]
The Township Clerk shall keep on file the original of the map
approved and adopted under this section, and to provide, at a reasonable
cost, a true copy thereof to any person, agency or court which may
request such a copy, along with a certification that such copy is
a true copy of the map approved and adopted herein and kept on file.
A true copy of the map and this section shall be provided without
cost to the County Clerk and the Office of the Monmouth County Prosecutor.
[Ord. No. 88-16, § 42A-4]
It is the purpose and intent that the map approved and adopted
under this section be used as evidence in prosecutions arising out
of the criminal laws of this State and that pursuant to State law,
such map shall constitute prima facie evidence of the following:
a.
The location of elementary and secondary schools within the municipality;
b.
The boundaries of the real property which is owned by or leased to
such schools or a School Board;
c.
That such school property is and continues to be used for school
purposes; and
d.
The location of boundaries and areas which are on or within 1,000
feet of school property.
e.
Pursuant to provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded
from introducing or relying upon any other evidence or testimony to
establish a violation of the offense defined in that Statute, including
use of the map or diagram other than the one approved and adopted
pursuant to this section. The failure of the map approved herein to
depict the location and boundaries of any property which is, in fact,
used for school purposes and which is owned by or leased to any elementary
or secondary school or School Board, whether the actions 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 approved map, shall not be deemed
to be an official finding and record that such property is not owned
by or leased to a school or School Board, or that such property is
not used for school purposes.
[Ord. No. 88-16, § 42A-5; Ord. No. 96-19, § II]
All of the properties depicted on the map approved and adopted
herein as school properties were owned by or leased to a school or
School Board and are being used for school purposes.
[Ord. No. 10-04, § I]
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a Drug Free School Zone
Map have been complied with.
[1]
Editor's Note: Prior ordinance history includes portions of
1971 Code §§ 42-1, 42-2, 42-4 and Ordinance Nos. 88-8,
97-12 and 08-31.
[Ord. No. 09-05 § II]
As used in this chapter, the following terms will have the meanings
indicated:
For purposes of this chapter only, a "public place" means those
areas used by the public, including, but not limited to, streets,
sidewalks, parks, open spaces, commercial parking lots, vehicles of
mass transportation and property owned by the Township, County, State
or any other sovereign entity. An otherwise private place may become
a public place upon the issuance of a permit or license granting permission
for the general public to access the property for a specific purpose.
Shall mean the area visible to persons in or on a public
place.
[Ord. No. 09-05 § II]
No person shall, within any building or upon any premises in
the Township, permit, make or continue, or cause to be permitted,
any unnecessary noise which disturbs any persons.
[Ord. No. 09-05 § II]
No person shall maintain or operate in any building or upon
any premises in the Township any radio devices, mechanical musical
instruments or devices of any kind, where the sound transmitted is
cast directly upon the public streets and places where such device
is maintained and operated for advertising purposes or for the purpose
of attracting attention of the passing public, or which is so placed
and operated that sounds emanating from said device can be heard to
the annoyance or inconvenience of persons walking upon any street
or public place or in neighboring residences.
[Ord. No. 09-05 § II]
No person shall use any vehicle or motorcycle in such a manner
so as to create unnecessary grinding, grating, unmuffled exhaust or
rattling noises or in such a manner during acceleration, deceleration
or negotiating turning movements so as to cause a shrill, piercing
or screeching noise from the tires of said vehicle or motorcycle during
such acceleration, deceleration or turning movement.
[Ord. No. 09-05 § II]
No person shall undress or disrobe, or dress or robe, in any
public place, except such place as may be provided for such use. This
section will not apply to outer-clothing or to children under the
age of five years.
[Ord. No. 09-05 § II]
No person shall, within the limits of the Township, lodge in
any automobile, truck, camping or recreation vehicle or similar vehicle
in any public place.
[Ord. No. 09-05 § II]
No person shall park any motor vehicle so that it obstructs
any public sidewalk in the Township.
[Ord. No. 09-05 § II]
No person shall urinate or defecate in any public place, or
private place within public view or in any other place open to and
used by the public.
[Ord. No. 10-08 § I]
Any person or persons fighting or brawling in the Township shall
be deemed a disorderly person.
[Ord. No. 12-06]
No person shall purposely interfere with, hinder, disturb, or
obstruct any retail or wholesale business operation, function or activity,
nor shall any person purposely interfere with, hinder, disturb, or
obstruct any retail or wholesale business owner, employee, agent,
or personnel acting in the furtherance of the interests of that business
with the intent to prevent, undermine or otherwise obstruct the lawful
retail or wholesale practices of that business. This section does
not apply to conduct considered lawful competitive economic practices.
[Ord. No. 09-05 § II; Ord. No. 10-08 § I; Ord. No. 12-06]
[Ord. No. 93-04, § I; Ord. No. 98-07, § I]
No person shall operate any unregistered motor vehicle or conveyance,
including but not limited to snowmobiles; two-wheel vehicles known
as mini-bikes; trail bikes; motor scooters; and four-wheel motor vehicles
known as go carts, under the following circumstances:
a.
On the private property of another without the express written permission
of the owner or occupant of the property.
b.
On any public grounds or lands owned by the Township, excluding streets
the use of which is expressly provided for by the New Jersey Statutes.
d.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person, including
the operator of the vehicle.
[Ord. No. 93-04, § I]
This section shall not apply to police and emergency vehicles.
[Ord. No. 93-04, § I]
The Police Department shall confiscate the unregistered vehicle operated in a prohibited area or in a prohibited manner described in subsection 3-10.1. The unregistered vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of a violation of this section or upon the direction of any court, except that a second or subsequent violation shall result in the forfeiture of such vehicle.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
The purpose of this section is to implement N.J.S.A. 15:8-1.1
by providing for background checks of applicants for membership in
any volunteer fire company located within the Township and to further
protect the safety of persons who rely upon members of a volunteer
first aid squad located within the Township.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Membership in a volunteer fire company means membership in a volunteer fire company organized pursuant to Title 15 or Title 15A of the New Jersey Statutes, membership in a volunteer company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-70.1, membership in a junior firefighters' auxiliary established pursuant to N.J.S.A. 40A:14-95, or non-paid membership in a part-paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes. Membership in a volunteer first aid squad means membership in a first aid, rescue or ambulance squad organized pursuant to Title 15 or Title 15A which provides emergency medical services without receiving payment.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Any person desiring membership in a volunteer fire company (hereafter
"company") or volunteer first aid squad (hereafter "squad") shall
complete in duplicate, filing the same with the company or squad,
an application the form of which may be prescribed by the company
or squad, but which shall contain the following information about
the applicant:
a.
Name.
b.
Home address.
c.
Birth date.
d.
Social Security Number.
e.
Driver's License Number.
g.
Any conviction of a violation of N.J.S.A. 2C:33-3, false public alarms.
h.
Any conviction of a crime or disorderly persons offense.
i.
Such other information as the company or squad deems relevant to
the application provided none of such information is prohibited by
law.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
Following the filing of such application the company or squad
shall transmit one of the applications to the Commander of the Hightstown
Barracks of the New Jersey State Police, who shall conduct an investigation
to ascertain the truth of the statements made by the applicant upon
his/her application and any such other investigation of the applicant's
background as the Commander deems necessary for the protection of
the public good. If as a result of such an investigation the applicant
is found to have been convicted of a violation of N.J.S.A. 2C:17-1
a, b, c and/or d or N.J.S.A. 2C:33-3 or any other crime or disorderly
persons violation or any other information that would indicate the
applicant may be a threat to the health, safety or welfare of the
community, the Commander shall report such information and the particulars
thereof to the company or squad.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
In connection with said investigation, the applicant shall submit
to fingerprinting, and the Commander is authorized to submit the applicant's
fingerprint card and receive State criminal history record information
from the Division of State Police/State Bureau of Identification for
use in considering the suitability of all applicants covered under
this section.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
This section is intended to make the volunteer fire company
and volunteer first aid squad an authorized agency as defined by N.J.A.C.
13:59-1.1.
[Ord. No. 94-13, § I; Ord. No. 96-01, § I]
The above investigation by the Commander shall be completed
within 30 days of the receipt of the application and the fingerprinting
of the applicant.
[Ord. No. 97-20]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this ordinance have the same meaning
as those defined in N.J.A.C. 7:29.
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, including demolition of buildings or
structures.
Shall mean any dismantling, destruction or removal of buildings,
structures, or roadways.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean any work or action necessary to deliver essential
public services including, but not limited to, repairing water, gas,
electricity, telephone, sewer facilities, or public transportation
facilities, removing fallen trees on public rights-of-way, dredging
navigational waterways, or abating life-threatening conditions.
Shall mean either a single pressure peak or a single burst
(multiple pressure peaks) that has a duration of less than one second.
Shall mean any vehicle that is propelled other than by human
or animal power on land.
Shall mean a properly functioning sound dissipative device
or system for abating the sound of escaping gases on equipment where
such a device is part of the normal configuration of the equipment.
Shall mean any building comprising two or more dwelling units,
including, but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Shall mean any distinct parcel of land that is used for more
than one category of activity. Examples include, but are not limited
to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building which is both commercial (usually on the ground floor)
and residential property located above, behind, below or adjacent.
Shall mean an employee of: (1) a local, county or regional
health agency which is certified pursuant to the County Environmental
Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement
activities; or (2) a municipality with a Department approved noise
control ordinance and the employee has received noise enforcement
training and is currently certified in noise enforcement. The employee
must be acting within his or her designated jurisdiction and must
be authorized to issue a summons in order to be considered a noise
control officer.
Shall mean any sound that can be detected by a person using
his or her unaided hearing faculties. As an example, if the sound
source under investigation is a portable or personal vehicular sound
amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The noise control officer need not determine the title, specific
words, or the artist performing the song.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a non-governmental entity.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley or easement that is owned, leased, or controlled by
a governmental entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either (a) the imaginary line including its vertical
extension that separates one parcel of real property from another;
(b) the vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling unit building; or (c) on a multi-use property,
the interface between the two portions of the property on which different
categories of activity are being performed (e.g., if the multi-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area).
Shall mean any day that is not a Federal holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Shall mean beginning on Friday at 6:00 p.m. and ending on
the following Monday at 7:00 a.m.
[Ord. No. 97-20]
a.
This model noise ordinance applies to sound from the following property
categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.3, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
[Ord. No. 97-20]
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and, whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and, whereas the people have a right to,
and should be ensured of, an environment free from excessive sound.
Now therefore, it is the policy of the Township to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
This section shall apply to the control of sound originating
from sources within the Township.
[Ord. No. 97-20]
a.
The provisions of this section shall be enforced by noise control
officers. A person shall be qualified to be a noise control officer
if the person meets the criteria set forth in the definition above
and completes, at a frequency specified by the Department in N.J.A.C.
7:29-2.11, a noise certification and recertification course which
are offered by the Department of Environmental Sciences of Cook College,
Rutgers, the State University of New Jersey or any other noise certification
or recertification course which is offered by an accredited university
and approved by the Department.
b.
Sound measurements made by a noise control officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in subsection 3-12.5b and c of this regulation and with the definition of "real property line" as contained herein.
c.
Noise control officers shall have the power to:
1.
Coordinate the noise control activities of all departments in the
Township and cooperate with all other public bodies and agencies to
the extent practicable;
2.
Review the actions of the Township and advise of the effect, if any,
of such actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards for compliance with this ordinance;
and
4.
Investigate and pursue possible violations of this section for sound levels which equal or exceed the sound levels set forth in Tables I and II, when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with subsection 3-12.7 below.
5.
Cooperate with noise control officers of adjacent municipalities
in enforcing one another's municipal noise ordinances.
[Ord. No. 97-20]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in subsection 3-12.2a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I and II when measured at or within the real property line of any of the receiving properties listed in Tables I and II, except as specified in paragraph b below[1]
[1]
Editor's Note: The tables referred to herein may be found
at the end of this section.
b.
When measuring total sound or residual sound within a multi-use property,
or within a residential unit when the property line between it and
the source property is a common wall, all exterior doors and windows
shall be closed and the measurements shall be taken in the center
of the room most affected by the noise. Residual sound shall be measured
in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound
or residual sound, all sound sources within the dwelling unit must
be shut off (e.g., television, stereo). Measurements shall not be
taken in areas which receive only casual use such as hallways, closets
and bathrooms.
c.
Indoor measurements shall only be taken if the sound source is on
or within the same property as the receiving property, as in the case
of a multi-use property (e.g., sound generated within a commercial
unit of a multi-use property building and received within a residential
unit of the same building) or multi-dwelling unit building. In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, such
as in a multi-dwelling unit building. The allowable sound level standards
for indoors are as shown in Tables I and II.
d.
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as impulsive sound
and shall meet the requirements as shown on Table I.
[Ord. No. 97-20]
a.
1.
Except as provided in paragraph b below, the provisions of this section
shall not apply to the exceptions listed at N.J.A.C. 7:29-1.4.
b.
Notwithstanding the provisions of Tables I and II, the following
standards shall apply to the activities or sources of sound set forth
below:
1.
Noncommercial or non-industrial power tools and landscaping and yard
maintenance equipment shall not be operated between the hours of 8:00
p.m. and 8:00 a.m., unless such activities can meet the applicable
limits set forth in Tables I and II. All motorized equipment used
in these activities shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to noncommercial
or non-industrial power tools and landscaping and yard maintenance
equipment;
2.
Commercial or industrial power tools and landscaping and yard maintenance
equipment, excluding emergency work, shall not be operated on a residential
property or within 250 feet of a residential property line when operated
on commercial or industrial property, between the hours of 6:00 p.m.
and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00
a.m. on weekends or Federal holidays, unless such activities can meet
the limits set forth in Tables I and II. In addition, commercial or
industrial power tools and landscaping and yard maintenance equipment,
excluding emergency work, utilized on commercial or industrial property
shall meet the limits set forth in Tables I and II between the hours
of 10:00 p.m. and 7:00 a.m. All motorized equipment used in these
activities shall be operated with a muffler. At all other times, the
limits set forth in Tables I and II do not apply to commercial or
industrial power tools and landscaping and yard maintenance equipment;
3.
Construction and demolition activity, excluding emergency work, shall
not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal
holidays, unless such activities can meet the limits set forth in
Tables I and II. All motorized equipment used in construction and
demolition activity shall be operated with a muffler. At all other
times, the limits set forth in Tables I and II do not apply to construction
and demolition activities;
4.
Motorized snowblowers, snow throwers, and lawn equipment with attached
snow plows shall be operated at all times with a muffler;
5.
An exterior burglar alarm of a building or motor vehicle must be
activated in such a manner that the burglar alarm terminates its operation
within five minutes for continuous airborne sound and 15 minutes for
impulsive sound after it has been activated;
6.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a residential property line between the hours of 10:00
p.m. and 8:00 a.m.;
7.
Personal vehicular music amplification equipment shall not be operated
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m.;
8.
Self-contained, portable, hand-held music or sound amplification
or reproduction equipment shall not be operated on a public space
or public right-of-way in such a manner as to be plainly audible at
a distance of 50 feet in any direction from the operator between the
hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m.
and 8:00 a.m., sound from such equipment shall not be plainly audible
by any person other than the operator;
[Ord. No. 97-20]
a.
Violation of any provision of this section shall cause for an enforcement
document to be issued to the violator by the noise control officer
according to procedures set forth at N.J.A.C. 7:29-1.6. The recipient
of an enforcement document shall be entitled to a hearing in Municipal
Court having jurisdiction to contest such action.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than $3,000. If the
violation is of a continuing nature, each day during which it occurs
shall constitute an additional, separate, and distinct offense.
c.
No provision of this ordinance shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this section
or from other law.
[Ord. No. 11-21]
a.
Prohibition. It shall be unlawful for the driver of any motor vehicle
to use or operate or cause to be used or operated, at any time and
on any road within the Township of Millstone, any mechanical exhaust
or decompression device also known as "engine-braking." "Engine-braking"
as used herein shall mean the use or operation of any mechanical exhaust
device designed to aid in the braking, decompression or deceleration
of any motor vehicle which results in loud or unusual noise from such
vehicle, and shall include engine compression brakes.
c.
Posting of Signs. The Township is hereby authorized to post at reasonable
locations within the Township signs indicating the prohibition of
engine-braking.
[1]
Tables I and II of Maximum Permissable Sound Levels are attached
at the end of this chapter.
[Ord. No. 97-24, § I; Ord. No. 98-03, § I]
Residential health care facilities as defined by N.J.S.A. 30:11A-1
et seq. are hereby required to install and maintain emergency electrical
generators having sufficient capacity to insure the provision of basic
essential services such as emergency lighting, life support equipment,
heat, fire alarm and suppression equipment, elevators and sump pumps.
Said generators shall also be capable of furnishing electrical power
to heating systems in the event of public utility power failures.
The generating system required to be installed by this section shall
meet the basic intent and requirements of the National Fire Protection
Association (Standard #99). There shall be sufficient fuel capacity
on hand for 48 hours operation of life generators.
[Ord. No. 97-24, § I]
The emergency generators and back up power supply sources required
to be installed and maintained pursuant to the provisions of this
section shall be installed within one year of the date of adoption
of this section and a certificate signifying compliance with the terms
and provisions of this section shall be supplied by nursing homes
and extended care facilities to the Township. Existing emergency generating
systems meeting the requirements of National Fire Prevention Association
(Standard #99) shall be deemed as meeting the requirements of this
section.
The owners or operators of covered facilities shall inspect
and test the emergency generating system installed in their facilities
at least once per month and keep a log of said inspections and tests.
The log shall indicate whether or not the system was fully functional
on the date of the test and shall be available during regular business
hours for inspection by Township officials.
[Ord. No. 97-24, § I]
The Code Enforcement Officer, Fire Official or the Electrical
Subcode Official of the Township of Millstone shall be responsible
for performing an annual inspection to insure compliance with the
terms and provisions of this section. The cost of said annual inspection
shall be $50 and shall be paid to the Township of Millstone by the
owner or operator of the subject property. The annual inspection shall
be for the purpose of insuring that an emergency generating system
is in place and fully functional. Such testing shall assure that the
system will function adequately under full load. Records relating
to these inspections shall be kept in the office of the Construction
Code Official of the Township of Millstone.
[Ord. No. 97-24, § I; Ord. No. 06-06, § II]
[Ord. No. 00-24, § I]
The purpose of this section is to provide for the enforcement
of P.L. 2000 c. 33.
[Ord. No. 00-24, § I]
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. No. 00-24, § I]
Any person under the legal age to purchase alcoholic beverages
who knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage on private property shall be punished by a
fine of $250 for a first offense and $350 for any subsequent offense.
The Court may, in addition to the fine authorized for this offense,
suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
The Court shall, of any person convicted under this section
who is not a New Jersey resident, suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit to the Division the required report. The Court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
This section does not prohibit an underage person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
This section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post secondary educational institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, N.J.S.A. 33:1-81, or any
other section of law against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
[Ord. No. 01-41, § I; Ord. No. 02-05, § I]
It shall be unlawful for a person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which does or is likely to annoy, disturb, injure or endanger
the comfort, repose, health, peace or safety of others. Specifically
exempted hereunder is noise presumed not to be a nuisance pursuant
to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Ord. No. 01-41, § II; Ord. No. 2017-02]
Without intending to limit the generality of subsection 3-15.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
a.
Radios; Televisions; Phonographs. The playing, use or operation of
any radio receiving set, television, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the machine or device is operated and who are voluntary listeners.
The operation of such a set, instrument, phonograph, machine or device
so that it is clearly audible at a distance of 100 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
b.
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing
on the public streets, particularly between the hours of 11:00 p.m.
and 7:00 a.m., or at any time or place, which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
c.
Animals; Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 9, Animal Control, of this revision.
d.
Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle except when required by law, or when
necessary to give timely warning of the approach of the vehicle, or
as a warning of impending danger to persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound, or for an unnecessary or unreasonable
period of time.
e.
Generators. No fuel-powered device that produces electricity, and
produces sound that is audible at a distance of 100 feet from its
location, shall be operated on residential or commercial property.
The prohibition of this subsection shall not apply to the following
exceptions, so long as the device is operated with a muffler:
1.
At times when electric power is interrupted for reasons beyond the
control of the property owner or occupant.
2.
For maintenance or testing of the generator unit, for a time period
not to exceed 30 minutes. Such maintenance or testing shall not occur
more often than once per week, and shall only be conducted during
the hours of 9:00 a.m. and 5:00 p.m. on residential property, and
between 8:00 a.m. and 7:00 p.m. on commercial property.
[Ord. No. 01-41, § II]
Section 1-5 hereof, General Penalty, shall apply.
[Ord. #03-27, § I; Ord. No. 06-24, § I]
The purpose of this section is to implement the authority given to local governing bodies by N.J.S.A. 39:4-10.10a. It is the finding of the Township Committee that in order to protect the safety of the public and public property, it is necessary to prohibit the use of skateboards, scooters, roller skates and roller blades on the property identified in subsection 3-16.3. This section is not intended to affect the rights of any other entity or person, private or public, to control and regulate use of skateboards, scooters, roller skates and roller blades on his/her/its own property.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
The following terms used in this section shall have the following
meanings:
Shall mean a pair of devices worn on the feet with a set
of wheels attached, regardless of the number or placement of those
wheels, and used to glide or propel the user over the ground. Devices
commonly known as "roller blades" are intended to be included within
this definition.
Shall mean a device made of rigid material designed primarily
to be stood upon, with a set of wheels attached, regardless of the
number or placement of those wheels and used to glide or propel the
user over the ground.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
No person shall engage in any activity utilizing skateboards,
scooters, roller skates or roller blades on any Township-owned property.
[Ord. No. 03-27, § I; Ord. No. 06-24, § I]
Every person convicted of any provision of this section shall
be liable upon conviction to a fine of not more than $100 or for a
sentence of community service of not more than 30 days.
[Ord. No. 04-28; Ord. No. 12-18]
As used in this section:
a.
CRIMINAL HISTORY RECORD BACKGROUND CHECK – Shall mean a determination
of whether a person has a criminal record by cross-referencing that
person's name and fingerprints with those on file with the Federal
Bureau of Investigation, Identification Division and the State Bureau
of Identification in the Division of State Police.
b.
DEPARTMENT – Shall mean the Township of Millstone, Department
of Administration.
c.
TOWNSHIP SPONSORED PROGRAMS – Shall mean any programs sponsored
by the Township that provide and utilize Township facilities or Township
property.
d.
TOWNSHIP SUPPORTED PROGRAMS – Shall mean any programs which
receive benefits, either directly or indirectly, including but not
limited to the provision of funding and/or the provision of fields,
facilities and/or equipment (and including the maintenance of same),
from the Township of Millstone.
[Ord. No. 04-28; Ord. No. 12-18]
a.
The Township requires that all employees and volunteers, 18 years
or older, involved with Township sponsored programs and Township supported
programs involving minors submit to a criminal history record background
check.
b.
The Division of State Police shall inform the designated department
whether the person's criminal history record background check reveals
a conviction of a disqualifying crime or offense as specified in subsection
3-17-3a1 and 2.
c.
A criminal history record background check shall be conducted only
upon receipt of the written consent to the check from the prospective
or current employee or volunteer.
d.
The Township shall bear the cost associated with conducting criminal
background checks for participants in Township sponsored programs
only.
[Ord. No. 04-28]
a.
A person may be disqualified from serving as an employee or volunteer
of a Township sponsored program involving minors if that person's
criminal history background check reveals a record of conviction of
any of the following crimes and offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:
12-1 et seq., N.J.S.A. 2C: 13-1 et seq., N.J.S.A. 2C 14-1 et seq.
or N.J.S.A. 2C: 15-1 et seq.;
(b)
Against the family, children or incompetents meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C1.401 et seq.;
(c)
Involving theft as set forth in Chapter 2C of title 2C of the
New Jersey Statutes;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in paragraph a1 of this subsection.
[Ord. No. 04-28]
Prospective or current employees and volunteers of Township
sponsored programs involving minors shall submit their name, address,
fingerprints and written consent to the Township for the criminal
history record background check to be performed. The volunteer or
employee shall submit this documentation to the Township Administrator
who shall coordinate the background check.
[Ord. No. 04-28]
a.
Access to criminal history information for noncriminal justice purposes,
including licensing and employment is restricted to authorized personnel
of the Township, on a need to know basis, as authorized by Federal
or State statute or rule or regulation, executive order, administrative
code, local ordinance or resolution.
b.
The Township shall limit its use of the criminal history record information
solely to the authorized purpose for which it was obtained and the
criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive such information.
Use of this record shall be limited solely to the authorized purpose
for which it was given and it shall not be disseminated to any unauthorized
persons. All records shall be destroyed immediately after they have
served their intended and authorized purpose. Any person violating
Federal or State regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Ord. No. 04-28]
If this criminal history record may disqualify an applicant
for any purpose, the person making the determination shall provide
the applicant with an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record. The applicant
shall be afforded a reasonable period of time to correct and complete
this record. A person is not presumed guilty of any charges or arrests
for which there are not final dispositions indicated on the record.
[Ord. No. 04-31, § I]
The purpose of this section is to secure and maintain the public
peace, health, safety, welfare and convenience of the residents and
property owners of the Township of Millstone, Monmouth County, New
Jersey, by the regulation of the use of firearms within Millstone
Township.
[Ord. No. 04-31, § I]
No person shall discharge a firearm within Millstone Township.
a.
Within 450 feet of an occupied or unoccupied building, structure,
or edifice.
b.
Within 450 feet of any public or private school property.
c.
Upon or across any public road or highway, within Millstone Township.
d.
In a careless or reckless manner, or which imperils or causes harm
to personal security or endangers the property of any person within
the Township.
[Ord. No. 04-31, § I]
This section shall not be applicable to the discharge of any
firearm in the following locations or circumstances.
a.
By members of any law enforcement agency of any municipal, County,
State or Federal government or any representative of the New Jersey
Division of Fish, Game and Wildlife, while in the performance of their
official duties.
b.
By any person in protection of himself, members of his family or
his guest, or in protection of his property.
c.
On farmland by the owner, or occupant of a farm, who actually resides
thereon, or the immediate family who resides thereon, or by any person(s)
having written permission from the landowner.
d.
By farmers carrying and discharging firearms in the process of animal
control in accordance with State law.
e.
By a duly authorized hunter, possessing a valid hunting license,
so long as they are in compliance with all laws, rules and regulations
governing hunting in the State of New Jersey.
[Ord. No. 04-31, § I]
a.
BUILDING – The words building, structure, or edifice, as used
in this section, shall be construed to mean a space within its walls
and usually, but not necessarily, covered by a roof.
b.
FARM – A parcel of land containing at least five acres which
is used for the raising of agricultural products, livestock, horses,
poultry and dairy products and which is vacant land upon which is
located only a principal dwelling and outbuildings.
c.
FIREARM – Any handgun, rifle, shotgun, machine gun, automatic
or semiautomatic rifle, shotgun, or any gun, device or instrument
in the nature of a weapon from which may be fired or ejected any solid
projectible ball, slug, pellet, missile, or bullet, or any gas, vapor
or other noxious thing, by means of a cartridge or shell by the action
of any explosive or the ignition of flammable or explosive substances.
It shall also include, without limitation, any firearm which is in
the nature of an air gun, spring gun or pistol or other weapon of
similar nature in which the propelling force is a spring, elastic
band, carbon dioxide, compressed or other gas or vapor, air or compressed
air, or is ignited by compressed air ejecting a bullet or missile
smaller than 3/8 of an inch in diameter, with sufficient force to
injure a person.
d.
HANDGUN – Any pistol, revolver or other firearm originally
designed or manufactured to be fired by the use of a single hand.
e.
RIFLE – Any firearm designed to be fired from the shoulder
and using the energy of the explosive in a fixed metallic cartridge
to fire a single projectile through a rifled or smooth bore for each
single pull of the trigger.
f.
SHOTGUN – Any firearm designed to be fired from the shoulder
using the energy of the explosive in a fixed shotgun shell to fire
a number of ball shot or a single projectile for each pull of the
trigger.
[Ord. No. 04-31, § I]
The prohibited areas affected by this section are intended to
be supplemental to those areas described in N.J.S.A. 23:4-16, as amended
from time to time.
[Ord. No. 04-31, § I]
[Ord. No. 04-31, § I]
Any property owners may post their respective properties with
appropriate signage indicating safety zone within 450 feet of occupied
and unoccupied dwellings and edifices.
[1]
Editor's Note: Sex Offender Residency Prohibition, previously
codified herein and containing portions of Ordinance No. 05-37, was
repealed in its entirety by Ordinance No. 09-12.
[Ord. No. 05-45 § I; Ord. No. 2017-04]
No person under the age of 18 shall be permitted in any public
place, street or property in the Township between the hours of 10:00
p.m. and 6:00 a.m. of each and every day during the period from October
28 to November 1, inclusive, of each year unless such person shall
during such hours be returning home from work, night school, fraternity
or religious or school or community-based organization meetings or
en route to or returning from a doctor's or dentist's office where
treatment is to be rendered or has been rendered, or is accompanied
by his parent or guardian over 20 years old.
[Ord. No. 05-45 § I]
During the above restricted time no person shall wear a mask
or partial mask in any public place, street or property in the Township.
[Ord. No. 05-45 § I]
A person who is a parent, guardian or standing in loco parentis,
who permits, consents to, approves or allows any person under 18 years
of age to violate any provisions of this section shall likewise be
guilty of a violation of this section.
[Ord. No. 2017-04]
Any person convicted of violating the provisions of this section
shall be required to perform community service and may be subject
to a fine of up to $1,000. If both a person under the age of 18 and
his or her parent or guardian are convicted of violating the provisions
of this section, they shall be required to perform community service
together.
[Ord. No. 07-21 § I]
The Township of Millstone declares that it is in the best interest,
health and general welfare of the residents of Millstone Township
that regulations be promulgated regarding parades, demonstrations
and public assemblies on public property within the Township of Millstone.
[Ord. No. 07-21 § I]
a.
No person or association of persons shall engage in, participate
in, aid, form or start any parade, demonstration or public assembly
within the Township of Millstone, unless a permit shall have been
obtained from the Township Clerk or a permit is specifically exempted
in this section.
b.
Any person or association of persons violating or failing to comply
with any of the provisions of this section shall be deemed a disorderly
person.
[Ord. No. 07-21 § I]
a.
PARADE – Shall mean any march, ceremony, demonstration, show,
exhibition, pageant, procession, rally or motorcade consisting of
persons, animals or vehicles or a combination thereof upon the streets,
sidewalks, parks or other public grounds.
b.
PUBLIC ASSEMBLY – Shall mean any meeting, demonstration, picket
line, rally, or gathering of more than 20 persons for a common purpose
where such assembly shall be held upon the streets, sidewalks, parks
or other public grounds.
c.
DEMONSTRATION – Shall mean any gathering of 20 or more persons
for the purpose of demonstrating, picketing, speechmaking, marching,
and holding of vigils where such gathering shall be held upon the
streets, sidewalks, parks or other public grounds.
d.
PERSON – Shall mean any person, persons, group, firm, partnership,
association, corporation, company, organization or entity of any kind.
[Ord. No. 07-21 § I]
a.
This section shall not apply to funeral processions, wedding processions,
a governmental agency acting within the scope of its functions, labor
picketing on sidewalks, students going to and from classes or school,
students participating in educational activities provided that such
activity is under the immediate direction and supervision of the proper
school authorities, or sports activity or event.
b.
This section shall not apply to a spontaneous event occasioned by
news or current affairs coming into the public knowledge within three
days of the proposed parade, demonstration or public assembly, provided
that the organizer gives written notice to the Township Clerk at least
24 hours prior to such parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
a.
A permit shall be obtained by application to the Township Clerk at
least 30 business days prior to the date of the parade, demonstration
or public assembly. The permit application shall be filed during the
regular business hours of the Township (8:30 a.m. to 4:30 p.m., Monday
through Friday, holidays excepted.) The Township Clerk shall have
the authority to waive the thirty day filing requirement if the Township
Clerk determines that the date of the filing of the application was
reasonable under the circumstances.
b.
The application for the permit shall set forth the following information:
1.
The name, address and telephone number of the person requesting the
permit to conduct such parade, demonstration or public assembly;
2.
If the parade, demonstration or public assembly is to be conducted
for, on behalf of, or by an organization or entity, the name, address,
and telephone number of the headquarters of the organization or entity
and the authorized head of such organization or entity;
3.
The name, address and telephone number of the person who will be
in charge of and responsible for the parade, demonstration or public
assembly;
4.
The date when the parade, demonstration or public assembly is to
be conducted;
5.
The route to be traveled, including the starting point and ending
point;
6.
The approximate number of persons, animals and vehicles that will
participate in said parade, demonstration or public assembly;
7.
The approximate hours when the parade, demonstration or public assembly
will start and end;
8.
A statement whether the parade, demonstration or public assembly
will occupy all or a portion of the streets or public property proposed
to be used;
9.
The location of any streets or public property to be used as an assembly
area for the parade, demonstration or public assembly;
10.
The purpose of the parade, demonstration or public assembly;
11.
A statement setting forth the method of disposing of any garbage,
trash and refuse; and
12.
A statement setting forth the plan for security and emergency services
to be provided;
13.
A list of any temporary structures the applicant seeks to use, including
but not limited to platforms, speaker's stands, lecterns, chairs,
sound equipment, portable sanitary facilities, press and news facilities,
and the time for removal of all such temporary structures; and
14.
Any other information necessary to assure compliance with this section
and all other ordinances of the Township of Millstone.
c.
A nonrefundable fee of $25 shall be paid at the time the application
for a permit is filed.
[Ord. No. 07-21 § I]
a.
The Township Administrator shall act upon the application for the
permit within seven days after the filing of the permit.
b.
The Township Administrator shall consider whether the permit shall
issue taking into account the following factors:
1.
The parade, demonstration or public assembly will not substantially
interfere with the safe and orderly movement of traffic;
2.
The parade, demonstration or public assembly will not deny reasonable
police protection to the Township;
3.
The parade, demonstration or public assembly will not deny reasonable
emergency services to the Township;
4.
The parade, demonstration or public assembly will not interfere with
emergency services equipment on route to an emergency;
5.
The conduct of the parade, demonstration or public assembly will
not be reasonably likely to cause injury to persons at the parade,
demonstration or public assembly;
6.
Whether any other application for a permit for a parade, demonstration
or public assembly has been filed or granted for the same date, time
and place.
c.
The Township Administrator may require the posting of a bond to cover
the costs of regulating the parade, providing compensation for any
emergency services provided, or providing compensation for any anticipated
damage caused by the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
a.
If the Township Administrator grants the permit, the Township Clerk
shall issue the permit the next business day or as soon thereafter
as a bond has been posted, if a bond has been made a condition of
the issuance of the permit.
b.
The permit shall include date, starting and ending times, streets
or public property to be used, the approximate number of persons,
animals and vehicles involved, use of any temporary structures, and
any other conditions required for the time, place and manner in which
the parade, demonstration or public assembly is to be conducted.
c.
The Township Clerk shall send a copy of the permit to the Township
Committee, Township Administrator, State Police, Fire Official, emergency
management services, and any other persons the Township Clerk deems
appropriate.
[Ord. No. 07-21 § I]
a.
If the Township Administrator denies the application for the permit,
the Township Administrator shall mail to the applicant by certified
mail, return receipt requested, within 10 business days after the
application was filed, notice of the denial stating the reasons for
the denial.
b.
Any person aggrieved by the denial of the permit shall have the right
of appeal to the Township Committee. The appeal shall be taken within
three business days after receipt of the notice of denial.
c.
Upon written notice from the aggrieved person, the Township Administrator
shall schedule a public hearing for the next regularly scheduled Township
Committee meeting and shall send a copy of the application and notice
of denial of the permit to the Township Committee, Township Clerk,
State Police, Fire Official, emergency management services and any
other persons the Township Administrator deems appropriate.
d.
The Township Committee shall consider whether the permit shall issue taking into account the factors set forth in subsection 3-21.6b.
e.
The Township Committee may require the posting of a bond to cover
the costs of regulating the parade, providing compensation for any
emergency services provided, or providing compensation for any anticipated
damage caused by the parade, demonstration or public assembly.
f.
The Township Committee shall adopt a resolution granting or denying
the permit.
[Ord. No. 07-21 § I]
a.
The applicant and the person who will be in charge of and responsible
for the parade, demonstration or public assembly shall comply with
all permit directions and conditions and all other applicable laws
and ordinances.
b.
The person who will be in charge of and responsible for the parade,
demonstration or public assembly shall carry the permit on his person
during the course of the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
The applicant and any person on whose behalf the application
is made to agree and stipulate that they will jointly and severally
indemnify and hold the Township harmless against liability for any
and all claims for damage to property or injury or death arising out
of or resulting from the issuance of the permit or the conduct of
the parade, demonstration or public assembly.
[Ord. No. 07-21 § I]
The Township Committee may revoke a permit upon a finding that
any statement in the application was false, that there was a violation
of the rules in this section, or when a public emergency arises where
the police or emergency services required for the emergency are so
great that there would be an immediate and adverse effect on the health,
welfare or safety of persons or property.
[Ord. No. 07-26 § I]
The Township of Millstone owns and maintains a Military Veterans
Memorial located adjacent to the Municipal Building. It is the intention
of the Township to maintain an atmosphere of calm, tranquility and
reverence at the Veterans Memorial for visitors to remember and commemorate
veterans of the United States military who have served their country
or to honor members of the United States military who are currently
serving their country.
[Ord. No. 07-26 § I]
a.
No person, association of persons, group, organization or entity
shall engage in any parade, demonstration or public assembly within
150 feet of the Township's Veterans Memorial for one hour before or
after a ceremony, service, memorial, or commemoration dedicated to
past or current members of the United States military on Memorial
Day, Veterans Day or other day that was duly scheduled and noticed
by the Millstone Township Veterans Council, except for the ceremony,
service, memorial or commemoration duly scheduled by the Millstone
Township Veterans Memorial Council.
b.
No person shall engage in any activity in contravention of the intended
purpose of maintaining an atmosphere of calm, tranquility and reverence
at the Veterans Memorial including any form of sports activity.
c.
No person shall display any placard, banner, flag or similar object
at the Veterans Memorial site unless such display is part of a funeral
ceremony, service, memorial or commemoration dedicated to past or
current members of the United States military.
d.
Any person violating or failing to comply with any of the provisions
of this section shall be deemed a disorderly person.
[Ord. No. 07-31 § I]
No person who is in possession of and/or the operator of property within the Township which has been the subject of a development application approval as evidenced by a written resolution of the Planning Board or of the Zoning Board of Adjustment, which resolution contains or references other documents or maps establishing conditions applicable to the continuing use of the property, shall violate any such conditions. In the event such conditions are violated, the person in possession or control of the subject property shall be issued a written notice of such violation. If such violation is not permanently discontinued or permanently remedied within 10 days of issuance of the notice of violation, a municipal summons may issue subjecting any party found guilty to the penalties set forth in Chapter 1, Section 1-5 hereof.
[Ord. No. 09-04, § I]
The use of motor vehicles in an unauthorized fashion on Township-owned
property or property in which the Township has an interest, causes
undue wear and tear on the property, is invasive of public peace and
good order, can lead to injuries to members of the public and inhibits
the equal opportunity to peaceful use and enjoyment of the property.
It is deemed to be in the best interests of the public to strictly
regulate the operation of motor vehicles on Township-owned property
or property in which the Township has an interest.
[Ord. No. 09-04 § I; Ord. No. 13-30]
For purposes of this section, and the interpretation and enforcement
thereof, the following words and phrases should have the following
meanings, unless the context of the sentence in which they are used
shall indicate otherwise:
Shall mean a person possessing a valid license to operate
the type of motor vehicle being driven and issued by the State or
country of his/her residence.
Shall mean all vehicles propelled otherwise than by muscular
power, including but not limited to cars, trucks, and any variations
thereof, motorized bicycles, mopeds, motorcycles, motor scooters,
all-terrain vehicles, go-carts, motorized dirt bikes, dune buggies,
tractors, riding lawn mowers and snowmobiles.
Shall mean the standing or waiting of a motor vehicle in a prohibited area listed under subsection 3-24.3c below, while not actually engaged in receiving or discharging passengers. It shall give rise to a rebuttable presumption that a motor vehicle is parked if either (i) there is no licensed driver occupying the driver's position in the motor vehicle or (ii) the motor vehicle's engine is not running. However, a motor vehicle may be deemed parked even in the presence of a licensed driver or the motor vehicle engine running, if it meets the prohibition of the first sentence hereof.
Shall mean a motor vehicle validly registered in the State
or country in which it is principally garaged.
Shall mean any real estate or improvements located on real
estate, title to which is held by the Township or in which the Township
has a possessory interest, including but not limited to easement,
rights-of-way and leaseholds. This term shall not be deemed to include
public streets or highways because operation thereon is controlled
by State statute.
[Ord. No. 09-04 § I; Ord. No. 13-30]
a.
No person shall use, operate, drive or ride in or upon or permit
the use, operation, driving or riding upon any motorized vehicle on
any Township-owned property except:
1.
A registered motor vehicle which is being operated in an improved
parking lot ("parking lot") or upon an improved roadway ("driveway")
providing access to or from a parking lot for the purpose of gaining
access to a Township facility. Operating a registered motor vehicle
in or upon the parking lot or driveway for any other purpose, including
operation for recreational purposes, does not fall within this exception.
2.
A specialized motor vehicle required by a medical condition in order
to assist with ambulation.
3.
Motorized vehicles operated by Township employees, agents or by special
permission of the Township, as required for property maintenance or
construction of Township facilities.
4.
Police, fire, first aid, rescue or military vehicles, or motor vehicles
registered to the Federal, State, County or local government, while
such vehicles are being operated by authorized personnel in the performance
of an official duty.
5.
Agricultural vehicles, while being used for agricultural purposes
crossing Township Owned Property from one immediately adjacent farm
field to another immediately adjacent farm field.
b.
No person owing or having custody of a motor vehicle as defined herein,
whether registered or unregistered, shall allow the vehicle to be
operated in areas prohibited herein by a minor.
c.
The parking of a motor vehicle in any of the following described
areas which have been posted with "No Parking" signs:
1.
Abate Park entrance road, both sides, entire length, including circle,
except designated parking lot area.
d.
No person shall operate any motor vehicle conveyance, including but
not limited to snowmobiles, two-wheel vehicles, any minibikes, trail
bikes, motor scooters and four-wheel vehicles known as go-carts, in
a careless, reckless or negligent manner so as to endanger or likely
to endanger the safety or property of any person, including the operator
of the vehicle or damaging public property, including any parking
lots, curbing, park property or other property owned by the Township.
[Added 6-3-2020 by Ord. No. 20-16]
e.
No person shall damage or deface any structures, buildings or parking
lots or benches, signs or any other property owned by the Township
within any park area or municipally owned property.
[Added 6-3-2020 by Ord. No. 20-16]
[Ord. No. 09-04, § I]
[Ord. No. 10-05 § I]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7.1, the Public Property Drug-Free Zone Map produced on or about
March 1, 2010 by Leon S. Avakian, Inc., Township Engineer, is hereby
approved and adopted as an official finding and record of the location
and areas within the municipality of property which is used for public
purposes as specifically defined and regulated by the above referenced
statute, and of the areas on or within 500 feet of such public property.
[Ord. No. 10-05, § I]
The Public Property Drug-Free Zone Map approved and adopted pursuant to subsection 3-25.1 of this chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public property to which the statute cited in subsection 3-25.1 applies until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public property and drug-free zones.
[Ord. No. 10-05, § I]
The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-25.1 of this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the Office of the Monmouth County Prosecutor.
[Ord. No. 10-05, § I]
a.
It is understood that the map approved and adopted pursuant to subsection 3-25.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location and boundaries of public housing facilities, public
parks and/or public buildings as defined in N.J.S.A. 2C:35-7.1 within
the municipality.
2.
The location and boundaries of areas which are on or within 500 feet
of such public property.
3.
All of the property depicted on the map and approved and adopted
herein as public property qualifies as public property as defined
in N.J.S.A. 2C:35-7.1.
4.
Pursuant to the provisions of N.J.S.A. 2C: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 that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-25.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which, in fact, qualifies as the type of public property defined in N.J.S.A. 2C:35-7.1, 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 approved map, shall not be deemed to be an official finding and record that such property is not public property as defined in that statute.
b.
All of the requirements set forth in N.J.S.A. 2C:35-7.1 concerning
the preparation, approval and adoption of a public property drug-free
zone map have been complied with.
[Ord. No. 11-15 § 1]
Any person who shall manufacture, sell, transport or use fireworks,
or permit the use of fireworks on premises under one's ownership or
control, shall be adjudged in violation of this section. "Fireworks,"
as used herein, shall include any combustible or explosive composition,
or any substance or combination of substances, or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation. Persons having ownership or
control of premises at which fireworks have been used in violation
of this subsection shall give rise to a rebuttable presumption to
having permitted the use of fireworks on such premises. Such presumption
may be rebutted by submitting evidence that such person took affirmative
action to stop or prevent such use, or was not physically at or in
close proximity to the premises at any time during such use. It shall
be a defense to a charge hereunder if the person shall have been issued
a permit by written resolution of the Township Committee pursuant
to the provisions of the State Fire Prevention Code.
[Added 4-17-2019 by Ord. No. 19-02]
As used in this section, the following words and phrases shall
have the following meanings:
To fly, control, direct or program the flight of an unmanned
aircraft system.
An aircraft that is operated without the possibility of direct
human intervention from within or on the aircraft.
An unmanned aircraft and associated elements, including communication
links and the components that control the unmanned aircraft, that
are required for the pilot in command to operate safely and efficiently.
It shall be unlawful for any person operating an unmanned aircraft
or unmanned aircraft system to takeoff from or land on public property
without prior written approval from the Township Administrator and
compliance with the following:
a.
Submission of the operator’s proof of certification under § 3-27.3 to the Township Administrator;
b.
Providing
written notification of the anticipated unmanned aircraft or unmanned
aircraft system activities at least five days in advance of such activities
to all property owners within 200 feet of the public property; and
c.
Compliance
with any and all other requirements of any park rules or regulations.
Any person who operates a unmanned aircraft or unmanned aircraft
system within the Township must present, immediately upon request
by any police or code enforcement officer, a current certificate of
aircraft registration issued by the FAA for the unmanned aircraft,
together with a remote pilot certificate where the use of the unmanned
aircraft requires such a certificate under 14 CFR 107.
It shall be unlawful for any person to equip an unmanned aircraft
or unmanned aircraft system with any weapon or hazardous substance
that creates a hazard to persons or property.
The operator of any unmanned aircraft or unmanned aircraft system
shall immediately report to the Township any operation of the unmanned
aircraft or unmanned aircraft system on public property involving
either injury to any person or damage to any private or public property.
It shall be unlawful for any person to operate an unmanned aircraft
or unmanned aircraft system in a manner that violates the reasonable
expectation of privacy of any other persons. Such operation shall
include, but is not limited to, operating an unmanned aircraft or
unmanned aircraft system to view into the windows or other openings
of dwelling places, or otherwise viewing, from a distance of less
than 50 feet, that area of any property that is not visible from the
street.
