[Adopted 4-24-2007 by Ord. No. 223]
This section shall be known and may be cited as the Noise Ordinance of the Borough of Roosevelt.
It shall be unlawful for a person to make, continue to 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 et seq.).
Without intending to limit the generality of subsection 3-1.2 above, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section.
Radios; Televisions; Phonographs. The playing, use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the producing 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 is clearly audible at distance of 100 feet from the building, structure or vehicle in which it is located shall by prima facie evidence of a violation of this section.
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 and place, which annoys or disturbs the quiet, comfort or repose of persons or persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
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 contained herein is intended to apply to a dog pound or licensed kennel.
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 unreasonable loud or harsh sound, or for an unnecessary or unreasonable period of time.
Any person, firm, partnership, association or corporation who shall violate any of the provisions of this section shall, upon conviction, for each and every violation, be subject to the penalty stated in Chapter 1, Section 1-5. Each and every day that a violation continues shall constitute and be considered a separate and specific violation of this section.
[Adopted 6-11-1980 by Ord. No. 99]
This section shall be known and may be cited as the Borough of Roosevelt Anti-Litter Ordinance.
As used in this section:
- COMMERCIAL HANDBILL
- Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
- a. Which advertises for sale any merchandise, product, commodity, or thing; or
- b. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purposes of either directly or indirectly promoting the interest thereof of sales; or
- c. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or
- d. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
- Shall mean any old, or unused waste, iron or metal or substance, glass, paper, machines, appliances, equipment, business or household furniture or furnishings, or any parts or portions thereof or accessories thereof, unregistered motor vehicles and any material commonly known and generally referred to as junk in the ordinary meaning of the word.
- Shall mean garbage, refuse and rubbish as defined herein and all other waste material which, if thrown, deposited, left or abandoned, as herein prohibited, tends to create a danger to public health, safety or welfare.
- Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by law; and, in addition thereto, shall mean and include any periodical or magazine regularly published with not less than four issues per year, and sold to the public.
- NONCOMMERCIAL HANDBILL
- Shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed matter or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
- Shall mean a park, reservation, playground, recreation center or any other public area in the Borough used only by the Borough and devoted to active or passive recreation.
- PRIVATE PREMISES
- Shall mean any dwelling, house, building, or 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, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or structure.
- PUBLIC PLACE
- Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
- Shall mean all putrescible and nonputrescible waste (except body wastes) including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned or unused vehicles or parts thereof, solid market, industrial wastes, animal and bird wastes or leavings.
- Shall mean nonputrescible solid wastes consisting of both combustible or noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, (excepting leaves) wood, glass, bedding, crockery 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.
No person shall throw, deposit, leave or abandon litter or junk in or upon any street, sidewalk or other public place within the Borough except in public receptacles or in authorized private receptacles.
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 or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough 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 and junk.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the borough or upon private property.
No person shall drive or move any truck or other vehicle within the Borough unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
No person shall throw, deposit, leave or abandon any litter or junk in any park or public place within the Borough, except in public receptacles and in such a manner that the litter or junk which is placed in the public receptacles will be prevented from being carried or deposited by the elements upon any part of the park or public place or any street. Where public receptacles are not provided, all such litter or junk shall be carried away from the park or public place by the person responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit litter or junk in any fountain, pond, pool, lake, stream, or other bodies of water within the Borough.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough. 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 street, sidewalk, or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
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.
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.
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 said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notices indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or have any such handbills left upon such premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places.
The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to solicited newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or other private property.
No person shall throw, leave, deposit or abandon litter or junk on any private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may deposit or leave litter and junk in any building, structure, container or receptacle in such a manner that which is so left or deposited will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property, and so that such litter and junk will not be visible.
The owner or person in control of any private property shall at all times maintain the premises free of litter and junk, except as provided in subsection 3-2.17.
No person shall throw, deposit, leave or abandon litter or junk upon any open or vacant private property within the Borough of Roosevelt whether owned by such person or not.
The Borough Zoning Officer or any police officer is hereby authorized and empowered to notify the owner of any private property within the Borough, or the agent of such owner, to properly dispose of litter or junk located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by Registered or Certified Mail, addressed to said owner or owner's agent at his or her last known address. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of such written notice, or within 10 days after the mailing of such written notice, provided the same had proper postage thereon and was properly addressed to the last known address of such owner or agent, the Borough Health Officer, Borough Administrator or Borough Clerk are hereby authorized and empowered to pay for the disposing of such litter or junk or to order its disposal by the Borough.
When the Borough has effected the removal of such litter or junk, or has paid for its removal, the cost thereof plus accrued interest at the rate of 6% per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Borough, and said charge shall be due and payable by said owner at the time said tax bill is due and payable, and if not paid shall be collectible in the same manner as unpaid tax bills.
Unless otherwise provided by law, any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Adopted 11-28-1977 by Ord. No. 94]
No person shall consume, serve, allow or permit the consumption of alcoholic beverages in the Borough:
While in or on a public street, lane, sidewalk, public parking lot, public or quasi public place or in any public conveyance.
In a private motor vehicle while the same is in motion or parked upon any public street, lane, public parking lot, public park or place.
While upon any private property not his own without the express permission of the owner or other person having authority to grant such permission.
No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi public place or park, or upon any private property not his own without the express permission of the owner.
Notwithstanding the provisions contained in subsection 3-3.1, a special permit may be issued by the Mayor and Council for the possession and consumption of alcoholic beverages at a picnic, in a park or glen, at a specific event or observance or other activity sponsored by an individual, group, non-profit corporation or organizations or corporation or organization for profit.
[Adopted 12-13-1972 by Ord. No. 78]
It shall be unlawful for any person to fire or discharge any gun, cannon, pistol, firearms of all sorts, air guns, sling shots, bow and arrows and all missile-projecting devices and contrivances within the Borough of Roosevelt.
It shall be unlawful for any person to sell, possess or use any firecracker, rocket, roman candle or fire balloon or other combustible fireworks or any article for making pyrotechnic displays.
The provisions of this section shall not apply to the following:
To police or law enforcement officers in discharge of their lawful duties.
Citizens actually engaged in defense of their persons or property in such manner as may otherwise be provided by law.
The use of firearms or bow and arrow for the purpose of target practice at an outdoor range approved by the Mayor and Council.
Pyrotechnic displays of fireworks which shall first be granted permission by the Mayor and Council.
[Adopted 12-3-2004 by Ord. No. 211]
As used in this section:
- ALL-TERRAIN VEHICLES OR ATV
- Shall mean a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 900 pounds.
- ESTABLISHED RIDING AREA
- Shall mean trails or area on a lot used by motorized bike, go-cart and/or ATV.
- Shall mean motorized miniature vehicle capable of achieving speed in excess of 10 miles per hour and commonly used on courses or racetracks specially designed for such vehicle.
- MOTORIZED DIRT BIKE
- Shall mean a two wheeled vehicle being capable of cross country travel on natural terrain without benefit of a rod or trail.
- Shall mean to ride in or on and have control of the operation of the motorized dirt bike, go-cart or ATV.
- Shall mean the entire strip of land traversed by any highway, street, county road or roadway easement for the purpose of vehicle travel, and includes the entire width of land dedicated or acquired by law for right-of-way purposes.
- Shall mean that portion of the improved street and that portion of the right-of-way designated or ordinarily used for vehicle travel, including the shoulder.
It shall be unlawful for any person to operate a motorized dirt bike, go-cart or ATV within the Borough of Roosevelt on the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel, and:
On a public sidewalk provided for pedestrian travel.
On private property of another without lawful authority or permission of the owner or occupant.
On public grounds, park property, playgrounds, recreational areas without the express written provision or permission to do so by the proper public authority.
In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of another person.
In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety of any person or property of any other person.
At any place while under the influence of alcohol or drugs as defined in New Jersey State Statutes.
On a property owned by the Borough of Roosevelt or school system within the Borough.
On a lot or parcel of land of less than six acres in size.
A motorized dirt bike, go-cart and/or ATV may be used on lots of six acres or greater in size located within the Borough of Roosevelt on the condition that the riders shall adhere to the following:
Established riding area for a motorized dirt bike, go-cart and/or ATV is to be located no closer than 100 feet of a building occupied by human or livestock, or 150 feet of a property line.
Dust and noise control measures are to be maintained by the property owner or occupant. These dust and noise control measures are to be enforced by the New Jersey State Police if other properties are adversely affected by dust and noise due to motorized dirt bike, go-cart and/or ATV use. The owners affected must file a written complaint with the Borough.
A motorized dirt bike, go-cart or ATV must have a factory approved exhaust. The noise emission may not exceed 82 decibels at a distance of 20 inches at idle, and muffler may not be altered to increase motor noise, or have a cut out bypass or similar device.
Each ATV shall meet noise omission standards of the United States Environmental Protection Agency, and in no case exceed 82 decibels of sound pressure at 50 feet of the "A" scale as measured by the SAE standards J-192.
No more than two riders that are unrelated to the immediate household members that reside in the dwelling on the property may operate a motorized dirt bike, go-cart and/or ATV on the property. A motorized dirt bike, go-cart or ATV may only be operated on the property during the following times: Monday through Friday, 9:00 a.m. through 7:00 p.m.; and Saturdays and Sundays, 11:00 a.m. through 7:00 p.m.
Operation of a motorized dirt bike, go-cart and/or ATV shall not be allowed on either primary or secondary septic sites.
Any motorized dirt bike, go-cart and/or ATV used for the purpose of property maintenance.
Any agent or employee of any road authority, law enforcement or public safety agency, or any agent or any other governmental body in conducting official business.
Nothing in this section shall prohibit the agricultural use of an ATV in the right-of-ways, or the use of an ATV to maintain permitted access over public road right-of-way.
Maximum Penalty. Any person who shall violate any provision of this section shall be punishable by one or more of the following: a fine not to exceed $1,250 or imprisonment for a period not to exceed 90 days or the period of community service not to exceed 90 days at the discretion of the Judge of the Municipal Court.
Minimum Penalty. The Borough prescribes that for the violation of any particular provision of this section, a minimum penalty shall be imposed that shall consist of a fine in an amount of $100. The Court before which any person is convicted of violating any provision of this section shall have the power to impose any fine, term of punishment, or period of community service not less than the minimum and not exceeding the maximum.
Additional Fine for Repeat Offenders. Any person who is convicted of violating this section within one year of the date of a previous violation of the same provision of this section and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. Such additional fine imposed by the Court upon a person and/or persons for a repeat offense shall not be less than the minimum or exceed the maximum fine.
[Adopted 4-12-1972 by Ord. No. 77; amended 5-12-1979 by Ord. No. 77-1]
As used in this section:
- CONSTRUCTION TRAILER
- Shall mean a unit which is used as an office or for storage of materials exclusively on construction job site.
- Shall mean any unit which is designed for or which may be used for living, sleeping or business purposes by one or more persons, which is equipped with wheels or similar devices used for purpose of transporting said unit from place to place, whether it be self-propelled or otherwise and which unit is so designed as to be used or constructed to be used as a conveyance upon public streets and whether or not such unit has been rendered incapable of immediate removal to another site.
It shall be unlawful for any person owning, renting or having control over any trailer to park, keep or maintain said trailer on any road, street, right-of-way, public school-grounds or on any state or publicly owned grounds within the limits of the Borough of Roosevelt for any period longer than four hours.
Construction trailers on the job site during the period of construction are excluded from the provisions of this section.
Any person owning, renting or having control over any trailer may locate, park, keep or maintain said trailer on any private lot or premises within the limits of the Borough of Roosevelt provided said trailer shall not be used for sleeping, or dwelling purposes while on said premises and shall not be connected to electricity, water, gas or sanitary sewer facilities and shall not be commercially stored, offered or displayed for sale.
The provisions of paragraph a of this subsection notwithstanding, in the event that a dwelling that has been lawfully occupied for residential purposes in accordance with the ordinances of the Borough of Roosevelt is rendered uninhabitable by fire, flood, storm or other sudden and unexpected event, the legal owner(s) of such dwelling or any other person acting as the authorized agent of said owner(s), shall have the option of applying for a permit authorizing the temporary use of a trailer for a period of 180 days or until such time as the damaged dwelling is rendered habitable, whichever is sooner.
Use of the trailer in contravention of paragraph a above during the pendency of an application for a permit or of an appeal shall be deemed to be a violation of this section; provided, however, that the granting of a permit shall be deemed to be retroactive to the date on which any such trailer was placed upon the property and such violation shall, in such case, be deemed to have cured and any penalty that may have been assessed for such violation shall be waived.
Any person, firm or corporation, including without limitation any individual responsible for the actions of a firm or corporation, that is found guilty of any violation of this section shall be subject to a penalty as stated in Chapter 1, Section 1-5. Each day that the violation continues after notice to terminate the violation is given shall constitute a separate violation.
This section shall be enforced by the Zoning Officer.
[Ord. No. 26]
Permit Required. No person shall kindle or maintain any bonfire or other fire, or shall knowingly furnish the materials for such fire, or authorize any such fire to be kindled or maintained, on or in any street, avenue, road, lane, or any place within the limits of the Borough of Roosevelt unless a written permit shall first have been secured from the Chief of the Fire Department, or his designate.
Hours and Location of Bonfire. No person shall kindle or maintain any bonfire or other fire, or shall knowingly furnish materials for such fire, or authorize any such fire to be kindled or maintained between the hours of 6:00 p.m. and 6:00 a.m., and at no time shall any fire be kindled and maintained within 25 feet of any building, unless the material for such fire be first enclosed in a wire screen container, with a screen on the top thereof, in which case said fire shall not be kindled or maintained within 10 feet of any building in the Borough of Roosevelt.
Permit Fee. There shall be no charge or fee paid by the applicant for the permit as required in paragraph a for a bonfire.
[Ord. No. 26; New]
Storage Restrictions. Not more than five gallons of gasoline, kerosene, or any other explosive or highly combustible liquid, exclusive of the gasoline in tanks of automobiles, shall be kept in any garage or other building in the Borough of Roosevelt, unless it be kept in containers approved under the Uniform Fire Code.
[Adopted 3-8-1999 by Ord. No. 188; New]
Disorderly Conduct. All the following named acts shall be deemed disorderly and against the public peace and order and are hereby prohibited within the Borough:
Malicious Injury to Property. Any person who shall maliciously destroy, damage or injure property may, where the damage does not exceed the sum of $25, be adjudged in violation of this section.
Unlawful Dumping, etc. Any person, firm or corporation that shall dump on or tow to open fields or other private property, any abandoned automobile, automobile parts or other junk, shall be adjudged in violation of this section.
Injury to School Property, etc. A person who shall enter the building or go upon the lands belonging to a public school district or used and occupied for school purposes by a public school, and shall break, injure or deface such building or any part thereof or the fences or auxiliary structures belonging to or connected with such building or lands, or shall disturb the exercises of the school or molest or give annoyance to the children attending such school or any teacher therein, shall be adjudged in violation of this section.
Damaging or Disturbing Property. Any person who shall willfully cut any tree, shrub or vine upon, or remove any earth, gravel or sand from, any property belonging to another person in this Borough without his consent or upon public lands without the consent of the public body having jurisdiction, or who shall willfully cause injury or damage to or destroy any livestock, poultry, cultivated crop, orchard, knee, sign, signboard, notice or building belonging to another person, while on such person's land without such person's consent, shall be adjudged in violation of this section.
Erecting Signs, etc. Any person who, without having the legal right to do so, erects within the limits of this Borough any signs or encroachment of any nature without first having obtained permission to do so from the Borough Council or the Board of Chosen Freeholders, as the case may be, shall be adjudged in violation of this section.
[Ord. No. 27-7]
No vehicle shall be parked or placed in any street for the purpose of sale or cleaning or repairs except in case of emergency.
Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and may be removed. The owner shall pay the reasonable costs of the removal and storage of such vehicle which may result from the removal before regaining possession of the vehicle.