[Ord. No. 2000-16; Ord. No. 2015-4; amended 6-9-2021 by Ord. No. 2021-7]
Except for a winery retail sales room/ outlet as permitted by
N.J.S.A. 33:1-10(2)(a) and (b) and a limited brewery license, N.J.S.A.
33:1-10(1)(b), the sale of alcoholic beverages in any form is prohibited
within the Borough of Elmer. Except for a winery retail sales room/
outlet as permitted by N.J.S.A. 33:1-10(2)(a) and (b) and a limited
brewery license, N.J.S.A. 33:1-10(1)(b), it is prohibited that any
liquor license be issued within the Borough by the Borough Council
or any other duly authorized body. The purpose and intent that this
subsection is to be consistent with all New Jersey Statutes and administrative
regulations.
[Ord. No. 81-6; New]
a.
No person shall consume any alcoholic beverage of any kind or description,
nor shall any person be in possession of an open can, bottle or container
containing alcoholic beverages on any public sidewalk, public street,
public parking lot or parking lots constructed by business establishments
or institutions for the convenience of their employees, customers,
or the public, or upon any public grounds, parks, or playgrounds.
[Ord. No. 96-5 § 1]
All cigarette vending machines are hereby prohibited in the
Borough.
[Ord. No. 96-5 § 2;
New]
[Ord. No. 75-4 § 1;
amended 8-10-2022 by Ord. No. 2022-6]
a.
It shall be unlawful for any person to operate any type of unlicensed
motor-driven vehicle or conveyance, including but not limited to,
two-wheel motor vehicles, known as mini-bicycles, trail bicycles,
and motor scooters, and four-wheel motor vehicles, upon any public
property or Borough-owned land. Borough-owned land shall be considered
as all parks, recreation areas, ball parks, lake areas, storage areas,
Board of Education property and any and all other Borough-owned land
and premises. Public property shall be considered as all streets,
sidewalks, easements or any other area dedicated or commonly used
for vehicular and/or pedestrian traffic.
b.
Lawn mowers are specifically excluded from the definition hereinabove
if they are being utilized to travel to and from one property within
the Borough for the purposes of lawn care services. Any operator of
a lawn mower on a public street must (1) be an adult licensed driver;
or (2) be above the age of 14 and completed a safety course. Anyone
found to be driving a lawn mower on a public street with a suspended
or revoked license shall be subject to N.J.S.A. Title 39 violations.
[Ord. No. 75-4 § 2; Ord. No. 9-10-75 § 2]
The operation of any motor-driven vehicle as described in subsection 3-4.1 is additionally prohibited upon any private property, other than the property of the owner of the motor-driven vehicle, unless the operator of the motor-driven vehicle has in his possession an expressly written permission to operate his vehicle on that private property by the owner of the property.
The owner of any private property desiring to allow the use
of his property by the general public for motor-driven vehicle use
may file a written declaration of such with the Municipal Clerk, which
will remain valid until withdrawn in writing. This statement will
remove the property from the coverage of this section.
[Ord. No. 75-4 § 3]
It shall be unlawful to operate any unlicensed motor-driven vehicle as defined in subsection 3-4.1 in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
[Ord. No. 75-4 § 4]
It shall be unlawful to operate any unlicensed motor-driven
vehicle as defined in a careless, reckless or negligent manner so
as to endanger the safety of any person or the property of any person.
[Ord. No. 75-4 § 5]
It shall not be unlawful for any employee of the Borough to
operate motor-driven vehicles as defined for the purpose of maintaining,
repairing or doing any public work within the scope of his employment.
[Ord. No. 75-4 § 6]
It shall be unlawful for the parent, guardian or any person
having the care, custody and control of any child under the age of
18 years to permit such child to operate a motor-driven vehicle in
violation of the terms of this section.
[Ord. No. 75-4 § 7;
New]
[Ord. No. 89-6 § 1]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, the Drug-Free School Zone map produced on or about February
11, 1988, by Allan M. Kammerer, Inc., P.A., Borough Engineer, is hereby
approved and adopted as an official finding and record of the location
and areas within the Borough 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 the areas on or within 1,000 feet of such
school property. (The map may be found on file in the Borough Offices.)
[Ord. No. 89-6 § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-6.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. No. 89-6 § 3]
The president of 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 Borough Engineer and the Borough 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. 89-6 § 4]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-6.1 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 certified copy of the map and of this section shall be provided without cost to the County Clerk and to the Office of the Salem County Prosecutor.
[Ord. No. 89-6 § 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-6.1 prepared for and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the Borough;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes, and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or school board
and was being used for school purposes as of July 9, 1987, that being
the effective date of N.J.S.A. 2C:35-7.
c.
Pursuant to the 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 a map or diagram other than the one approved and adopted pursuant to subsection 3-6.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a Drug-Free School Zone
map have been complied with.
[Ord. No. 2000-8 § 1]
In accordance with and pursuant to the authority of P.L. 1999
c. 185 the following is a list of school crossings which have been
so designated by the Borough of Elmer:
[Ord. No. 2000-8 § 2]
The Drunk-Driving-Free School Zones Map produced on or about
March 28, 2000 by John Schweppenheiser, the 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 school
purposes and which is owned by or leased to any elementary or secondary
school on school land and of the areas on or within 1,000 feet of
such school property. The map may be found on file in the office of
the Borough Clerk.
[Ord. No. 2000-8 § 3]
The Drunk-Driving-Free School Zones Map approved and adopted pursuant to subsection 3-7.2 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drunk-driving-free school zones. The list of school crossings designated above by the Borough Council shall continued to constitute an official finding and record of the location of school crossing zones within the Borough until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in the Borough.
[Ord. No. 2000-8 § 4]
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 office of the
Borough Engineer and the Borough Attorney of any changes or contemplated
changes in the location and boundaries of any property owned or leased
to any elementary or secondary school or school board and which is
used for school purposes or of any additions or deletions to school
crossings.
[Ord. No. 2000-8 § 5]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-7.2 and the list of school crossings 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 hereby further directed that a true copy of such map and list and of this section shall be provided without cost to the Salem County Clerk, the office of the Salem County Prosecutor and the Municipal Prosecutor.
[Ord. No. 2000-8 § 6]
The following additional matters are hereby determined, declared,
recited, and stated: It is understood that the map and list approved
and adopted pursuant to this section was prepared and is intended
to be used as evidence in prosecutions arising under the criminal
and traffic laws of this State and that, pursuant to State law, such
map and list 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;
d.
The location and boundaries of areas which are on or within 1,000
feet of such school property; and,
e.
The location of all school crossings in the Borough.
[Ord. No. 2001-5 § 1]
No person shall distribute or cause to be distributed or strewn
about on any street or public place in the Borough any newspapers,
papers, periodicals, books, magazines, circulars, posters, cards,
handbills or pamphlets, hereinafter called "written communications."
No such written communications shall be delivered or deposited on
or about any unoccupied premises or structures within the Borough.
All distribution to occupied premises or structures shall be made
by physically placing the particular written communication on the
stoop, step, porch or entrance, which placement shall be in close
proximity to the main entry way of the structure or premises.
[Ord. No. 2001-5 § 2]
No person shall distribute or cause to be distributed any written
communication as detailed above to the occupants of any premises or
structure after having received notice from the occupants of these
premises or structure that the particular communication was not to
be delivered. In no event shall delivery continue to any premises
or structure in such a manner as to allow an accumulation of written
communications in the designated area for delivery by the originator
of the communication.
[Ord. No. 2001-5 § 3]
No occupant shall allow an accumulation of any written communications
on or about the occupied premises or structure. Under no circumstances
shall any such written communications be allowed to remain on the
outside of the occupied portion of any structure or premises for more
than 24 hours.
[Ord. No. 2001-5 § 4;
New]
[1]
Editor's Note: Prior ordinance history: Ordinance No. 91-7.
[Ord. No. 2014-13]
The Borough of Elmer finds that the reduction of litter is an
important public concern to protect public health, safety and welfare
and to implement the requirements of the New Jersey Department of
Environmental Protection Clean Communities Program.
[Ord. No. 2014-13]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar match or any flaming or glowing material or any garbage,
trash, refuse, debris, rubbish, grass clippings or other lawn or garden
waste, newspapers, magazines, glass, metal, plastic or paper containers
or other packaging or construction material, but does not include
the waste of the primary processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 2014-13]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place litter of any nature upon any public or private property other
than in a litter receptacle.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator, owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 2014-13]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
as that, at a minimum, there shall be no linear quarter mile without
a receptacle; buildings held out for use by the public, including
schools and government buildings; parks, drive-in restaurants; all
street vendor locations; self-service refreshment areas; construction
sites; gasoline service station islands; shopping centers; parking
lots; and at special events to which the public is invited, including
sporting events, parades, carnivals, circuses and festivals. The proprietors
of these places or the sponsors of these events shall be responsible
for providing and servicing the receptacles so that adequate containers
are available.
[Ord. No. 2014-13]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle parts, rubber tires, appliances,
furniture, or private property, except by written consent of the owner
of said property, in any place not specifically designated for the
purpose of solid waste storage or disposal.
[Ord. No. 2014-13]
It shall be unlawful for any property owner to store or permit
the storage of any bulky household waste, including but not limited
to household appliances, furniture and mattresses, except in a fully
enclosed structure.
[Ord. No. 2014-13]
It shall be unlawful for any residential property owner to store
or permit the storage of tires in areas zoned residential, except
in a fully enclosed structure or on days designated for the collection
of tires.
[Ord. No. 2014-13]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or after the completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of the construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas and to maintain and empty the
receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
[Ord. No. 2014-13]
The provisions of this section shall be enforced by the Code
Enforcement Officer or the Police Department of the Borough of Elmer.
[Ord. No. 2014-13]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a Summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. 8-12-70 § 1]
No person shall keep, harbor, maintain or possess bees or beehives
for any purpose within the limits of the Borough.
[Ord. No. 8-12-70 § 2;
New]
[Ord. No. 16 § 1]
All bicycles, when in use on the public streets in the Borough,
shall have a lamp of such illuminating power as to be plainly seen
100 yards ahead. Said lamp shall be kept lighted between one hour
after sunset and one hour before sunrise.
[Ord. No. 16 § 2]
It shall be unlawful for any bicycle rider to ride at an immoderate,
reckless or dangerous gait on any of the streets of the Borough.
[Ord. No. 16 § 3]
Riders of bicycles, tricycles or other vehicles must keep to
the right of the street in all cases except in passing vehicles going
in the same direction.
[Ord. No. 16 § 4;
New]
[Ord. No. 2001-4 § 1]
a.
It shall be unlawful for any minor under the age of 17 years to loiter,
idle, wander, stroll or play in or upon the public streets, highways,
roads, alleys or other public grounds, public places and public buildings,
places of amusement and entertainment, vacant lots or other unsupervised
places between the hours of 10:00 p.m. and 6:00 a.m. of the following
day, official Borough time; provided, however, that the provisions
of this section do not apply to a minor accompanied by his parent,
guardian or other responsible adult person, or where the minor is
upon an emergency errand or legitimate business directed by his parent,
guardian or other responsible adult person.
b.
Each violation of the provisions of this section shall constitute
a separate offense.
[Ord. No. 2001-4 § 2]
a.
It shall be unlawful for the parent, guardian or other responsible adult person of a minor under the age of 17 years to knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day, or to permit trick-or-treating in violation of subsection 3-12.3, provided, however that the provisions of this section do not apply when the minor is accompanied by his parent, guardian or other responsible adult person, or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other responsible adult person.
b.
Each violation of the provisions of this section shall constitute
a separate offense.
[Ord. No. 2001-4 § 3]
Halloween activities commonly known as trick-or-treating involving
door-to-door solicitation may only be conducted within the Borough
from 4:00 p.m. until 7:00 p.m. on Halloween, except that when Halloween
(October 31) falls on a Sunday, trick-or-treating will be conducted
only on Saturday (October 30) from 4:00 p.m. to 7:00 p.m. An 8:00
p.m. to 6:00 a.m. curfew for anyone under 17 years of age will be
in effect each October 30 and October 31. It is recommended, however,
it is not required, that this prohibition be published annually no
more than one week prior to Halloween in order to put all residents
and participants on notice of these requirements.
[Ord. No. 2001-4 § 4]
Any juvenile violating the provisions of subsections 3-12.1 or 3-12.3 shall be penalized in accordance with the laws applicable to juveniles as administered by the Superior Court. Any adult who directly violates subsection 3-12.2, or aids a minor in a violation of subsections 3-12.1 or 3-12.3 shall be liable to a penalty not to exceed $500 or be imprisoned for a term not to exceed 90 days, or both.
[Ord. No. 7-9-69 § I;
New]
As used in this section:
Shall mean non-paid participants.
Shall mean any activity conducted by an independent team,
franchise member of a league, or sponsored group, in league play or
exhibition, whether for money, pass-the-hat contribution or free.
[Ord. No. 7-9-69 § I]
It shall be unlawful to engage in the playing, producing, coaching
or managing of any organized games or sports in the Borough on Sunday.
[Ord. 2-11-70 § I]
Amateur athletic events shall be permitted in the Borough on
Sundays between the hours of 1:00 p.m. and 7:00 p.m. prevailing time.
[Ord. 7-9-69 § I;
New]
[Ord. No. 93-2; New]
a.
A person is guilty of committing a nuisance if that person engages
in a course of conduct that works hurt, inconvenience, or damage to
another, or which has the effect of prejudicially and unwarrantably
affecting the enjoyment of the rights of another, or which works or
causes injury, damage, hurt, inconvenience, annoyance, or discomfort
to another in the legitimate enjoyment of his reasonable rights of
person or property.
[Reserved by Ord. No. 2015-6]
[Ord. No. 94-4; Ord. No. 95-10]
[Ord. No. 99-11 § 14;
New]
No person shall in any manner obstruct or prevent free access to any fire hydrant, or place or store temporarily or otherwise, any object, materials, snow, debris or structure of any kind within a distance of 15 feet of any fire hydrant. Any obstruction, when discovered, shall be removed at once by a Borough Official or the police at the expense of the person responsible for the obstruction, and will also subject them to penalties contained in Chapter 1, Section 1-5.
[Ord. No. 79 §§ II;
New; Ord. No. 2015-8 § 2]
a.
Injury to Persons; Property. No person shall willfully or maliciously
break or destroy the windows or doors or other parts of any dwelling
house or building or enter on the premises or in any buildings with
the intent to injure any person, property or building or maliciously
throw any missiles, sticks or stones with the intent to injure any
person or property.
b.
Obstruction of Fire Apparatus. No person obstruct or interfere with
the passage of any fire apparatus or fireman traveling to and from
any fire.
c.
Public Nuisances. (Obstruction in Streets; Noxious Trades.) Any encroachments
or any encumbrances in or upon any street, snow on sidewalks included,
road or sidewalk or any public place in the Borough, the pursuing
of any trade noxious to the public health or offensive to the senses
is hereby declared to be a public nuisance, and upon complaint, the
Mayor may appoint a committee from Council or direct the Police Chief
or Zoning and/or Housing Officer or any other officer of the Borough
to make investigation and by resolution of Council order the nuisance
abated in such manner and within such time as set forth in the resolution.
[New]
[Ord. No. 33 § 1;
New]
It is unlawful for any person, any property owner, tenant or
any person residing in or using any building within the Borough, to
permit any waste water from the building to run over or into any street
of the Borough, provided however, that this section shall not apply
to rain water running from rain spouts attached to the building.
[Ord. No. 2002-9 Sch. A; Ord. No. 2013-6]
[Ord. No. 2002-8]
No person shall use, operate or ride upon any skateboard on
any sidewalks, promenades, malls and/or other walkways, or streets
or in public parks, public parking lots and other public places on
or along the following streets within the Borough of Elmer:
|
South Main Street
|
|
North Main Street to Second Street
|
|
Church Street
|
|
Mill Street
|
|
Chestnut Street
|
|
Front Street
|
|
State Street from Penn Street to North Main Street
|
|
Broad Street from Penn Street to South Main Street
|
[Ord. No. 2002-8]
Shall mean a platform or board with roller-skate wheels or
other similar wheels affixed to the underside, designed to be ridden
by a person or persons, which has no steering device or mechanism
to steer or control the direction thereof while being used or ridden,
even though the direction may be controlled by some degree by shifting
the feet or weight of the rider during such use.
[Ord. No. 2002-8]
a.
Any police officer who shall observe any person(s) using, operating
or riding upon a skateboard in violation of this section shall take
possession of the skateboard. In the case of the first violation of
this section, a warning shall be issued to the violator and the skateboard
shall only be released to the person from whom it was seized, or the
parent or guardian of that person if the person is a minor. Said skateboard
shall remain in the possession of the Chief of Police until said skateboard
is returned in accordance with the section. For a second or subsequent
violation of this section, a summons/complaint shall be issued and
the matter heard before the Municipal Court. Forfeiture of the seized
skateboard for any such second or repeat offender shall be determined
by the Municipal Court Judge. There shall be a presumption of forfeiture
for a second or subsequent offender. All skateboards forfeited shall
become the property of the Borough.
b.
Any person to be found to have violated this section shall be subject
to a minimum fine of $100 and a maximum fine of $1,000.
[Ord. No. 2014-10]
The purpose of this section is to prohibit illicit connections
to the municipal separate storm sewer system(s) operated by the Borough
of Elmer, so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 2014-10]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or non-physical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Borough of Elmer, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Shall mean non-domestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or
(c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Borough of Elmer or other public body, and is designed
and used for collecting and conveying stormwater. NOTE: In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) Rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors. Tier A Stormwater Guidance 75
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2014-10]
No person shall discharge or cause to be discharged through
an illicit connection to the municipal separate storm sewer system
operated by the Borough of Elmer any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
[Ord. No. 2014-10]
The provisions of this section shall be enforced by the Code
Enforcement Officer or the Police Department of the Borough of Elmer.
[Ord. No. 2014-10]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a Summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. No. 2014-14]
The purpose of this section is to prohibit the spilling, dumping,
or disposal of materials other than stormwater to the municipal separate
storm sewer system (MS4) operated by the Borough of Elmer, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2014-14]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Elmer or other public body, and is designed
and used for collecting and conveying stormwater. NOTE: In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 2014-14]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Borough
of Elmer is prohibited. The spilling, dumping, or disposal of materials
other than stormwater in such a manner as to cause the discharge of
pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 2014-14]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from fire fighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
[Ord. No. 2014-14]
The provisions of this section shall be enforced by the Code
Enforcement Officer or the Police Department of the Borough of Elmer.
[Ord. No. 2014-14]
a.
Any person violating this section shall, upon conviction thereof,
be punishable by one or more of the following: by a period of community
service not exceeding 90 days; and/or by a fine of not less than $25.00
or more than $2,000.00, at the discretion of the Judge.
b.
Any person who is convicted of violating the provisions of this section
within one year of the date of previous violation of the same section
and who was fined for the previous violation shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the original violation of this section. Whenever such
person shall have been officially notified or by service of a Summons
in a prosecution, or in any other official manner, that said person
is committing a violation, each day's continuance of such violation
after such notification shall constitute a separate offense, punishable
by a like fine or penalty.
[Ord. No. 2014-19]
Shall mean an electronic device that can be used to deliver
nicotine or other substances, including vapor, to the person inhaling
from the device, including but not limited to an electronic cigarette,
cigar, cigarillo or pipe.
Shall mean nature areas, greenbelts and wildlife and vegetation
habitat areas.
Shall mean any parks owned, leased or utilized by the Borough
of Elmer.
Shall mean any municipal owned, maintained and/or operated
building, park, lands or vehicle.
Shall mean any areas, public or private, open to the general
public for recreational purposes, regardless of any fee requirement,
including, but not limited to public parks, beach areas, open spaces
gardens, children's play areas, sports fields, stadiums, playgrounds,
swimming pools, batting cages, tennis and basketball courts, golf
courses, riding stables and senior center outdoor areas.
Shall mean any scheduled event within the Borough of Elmer
where the public is invited, some of which may require a permit, including
but not limited to farmers' markets, concerts, parades, festivals,
carnivals and car shows.
Shall mean the burning of, inhaling from, exhaling the smoke
from, or the possession of a lighted cigar, cigarette, pipe, hookah
or similar device, or other matter or substance which contains tobacco
or any other material that can be smoked, or the inhaling or exhaling
of smoke or vapor from an electronic smoking device.
Shall mean any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco, dipping tobacco, bidis or any other preparation of tobacco,
including electronic smoking devices and dissolvable tobacco products
not FDA-approved for tobacco cessation.
Shall mean along all exercise, walking, hiking and biking
trails through parks or open space areas.
[Ord. No. 2014-19]
It is unlawful for any person to use tobacco products or electronic
smoking device on public property, open space, recreational facilities,
parks, playgrounds, sports fields and recreational properties that
are owned, leased, used or operated by the Borough of Elmer.
Smoking shall be prohibited at all times on or within all public
property within the Borough of Elmer including, but not limited to
the following places:
[Ord. No. 2014-19]
A sign shall be clearly, sufficiently and conspicuously posted
at every municipal property where smoking is prohibited by this section.
The sign(s) shall state "No Smoking" or substantially similar language,
written in lettering that is not less than 3/4 inches in height and
shall contain the international no smoking sign or symbol.
[Ord. No. 2014-19]
The Health Officer or designee, and the Police Department are
hereby charged with the enforcement of this section. All members of
the Health Department and the Police are hereby designated as enforcement
officers for the purposes of enforcement of this section.
Any citizen may register a complaint under this section with
the Health Officer, or designee, Police Officer, or designee, or Municipal
Clerk.
[Ord. No. 2014-19]
It shall be a violation of this section for any owner, operator,
manager or person who controls any premises subject to this section
to fail to comply with any of its provisions. It shall be unlawful
to smoke or carry a lighted cigarette, cigar, or pipe, hookah, electronic
smoking device or other product that can be smoked, where smoking
is prohibited. Any person who violates any provision of this section
shall be guilty of an infraction, punishable by:
[Ord. No. 2014-16 Art.
1]
a.
Key Boxes Required.
1.
Key Box Requirement. All properties within the Borough of Elmer having
an automatic fire alarm system or a fire sprinkler system shall be
equipped with a key box. Residential property shall be exempt from
this requirement.
2.
Key Box Type. The key box shall be of UL type and approved by the
Borough of Elmer Fire Official. The key box shall be installed in
a location approved by the Borough of Elmer Fire Official.
3.
Key Box Contents. The key boxes shall contain the following:
4.
Time for Compliance. All existing buildings shall comply within 12
months of the adoption date of this section (adopted June 11, 2014).
All newly constructed buildings, not yet occupied, or buildings currently
under construction shall comply immediately.
5.
Penalties. Any building owner violating this article after notice
from the Borough of Elmer Fire Official shall be subject to a fine
of $250.00.
[Ord. No. 2014-16]
a.
ACT OF GOD
AUTOMATIC ALARM DEVICE
FALSE ALARM
PERSON
PROPERTY OWNER
Definitions.
As used in this subsection, the following terms shall have the
meanings indicated:
Shall mean an electrical storm, lightening or other power
fluctuation or power surge beyond the control of the alarm system
owner.
Shall mean any alarm system which communicates or transmits
alarms or prerecorded messages of intrusion, fire, smoke, flood or
other peril as a result of the activation of the system.
Shall mean any erroneous or unfounded communication or sound,
whether caused by a malfunction of an automatic alarm device, power
failure or inadvertence, negligence or intentional or unintentional
act of any person, firm or corporation, either directly or indirectly,
to a commercial alarm service or to any person causing the communication
of peril to the Borough of Elmer Fire and/or Police Department.
Shall mean any person, firm, partnership or corporation owning
an automatic alarm device within the scope of this subsection.
Shall mean any individual, entity, corporation, tenant or
other person having a legal interest in a property having an alarm
system.
b.
False Alarms Unlawful. It is unlawful for a property owner to have
more than five false alarms at any one location in any calendar year.
c.
Investigation; Recordkeeping. Any person having knowledge of alarm
activation shall immediately notify the Borough of Elmer Fire Department
and/or Police Department. The Police and/or Fire Department shall
cause an investigation to be made of all alarm activations, and a
record of same shall be kept on file.
d.
Prevention. It shall be the responsibility of all persons that maintain
alarm systems within the Borough to prevent the transmission of false
alarms through training programs, periodic inspection and maintenance
of the alarm system.
e.
Violations and Penalties.
1.
For fire and burglar alarms, the first through fifth false alarms
in one calendar year, the Borough of Elmer Police Chief or Fire Official
shall issue warning letters to the property owner, and a record of
same shall be kept on file.
2.
For each fire and burglar alarm violation thereafter, fines shall
be imposed in accordance with the schedule of fines listed in paragraph
5 below, plus court costs.
3.
Failure to pay a fire alarm penalty will result in a written summons
and complaint from the Borough of Elmer Bureau of Fire or the Borough
Chief of Police to the violator for adjudication in the Borough of
Elmer Municipal Court.
4.
False alarm activations determined after investigation by the Police
and/or Fire Department to be caused by an act of God shall not be
penalized per the violation schedule.
5.
Violations and penalties for false burglar and fire alarms during
a calendar year shall be imposed in accordance with the schedule of
fines below, plus court costs:
(a)
First through fifth: Written warning and no fine.
(b)
On the sixth alarm a penalty of $300.
(c)
On the seventh alarm a penalty of $350.
(d)
On the eighth alarm a penalty of $400.
(e)
On the ninth alarm a penalty of $450.
(f)
On the tenth alarm a penalty of $500.
(g)
On the eleventh and subsequent alarm a penalty of $500.
f.
Exceptions. The provisions of this subsection shall not apply to
the general alerting alarms that may be used by fire companies, ambulance
squads or other municipal agencies to summon response of their members.
The provisions of this subsection shall not apply to alarm systems
that are affixed to motor vehicles.
[Ord. No. 2018-4]
As used in this section:
Shall mean any items used to extinguish any fire, perform
rescue, and/or stop or control or contain any leak or spill involving
any hazardous material which cannot be reused or cannot be replenished
without cost after that particular fire, rescue, leak or spill. These
include but are not restricted to fire-fighting foam, chemical extinguishing
agents, absorbent material, sand, recovery drums and specialized protective
equipment to include but not be restricted to acid suits, acid gloves,
goggles and protective clothing.
Shall mean any material, solid, liquid or gas, listed as
a hazardous substance or material, including but not necessarily limited
to such substances and materials listed under the National Fire Protection
Association Guide to Hazardous Materials, the Department of Transportation
Guide Book and the List of Hazardous Substances and Toxic Pollutants
designated by the Federal Environmental Protection Agency and the
New Jersey State Department of Environmental Protection.
Shall mean any motorized equipment, registered or unregistered,
including but not limited to a passenger car, motorcycle, truck, tractor-trailer,
construction equipment, farm machinery, watercraft, aircraft and trains.
Shall mean any container, drum, box, cylinder, bottle or
tank used to hold or contain or carry or store any hazardous material.
[Ord. No. 2018-4]
Costs incurred by the Borough of Elmer for the following items in connection with the suppression, rescue, control or clean up of a fire, leakage or spillage involving any hazardous material shall be reimbursed to the Borough of Elmer by the responsible parties as set forth in Subsection 3-27.3 below:
a.
The cost of replacement of expendable items.
b.
The expenses incurred by the Borough for the wages (regular and/or
overtime) paid to its employees/agents as a result of an incident.
c.
Any and all medical costs incurred by responding personnel.
d.
Any and all environmental tests required to ensure a hazard-free
environment (soil, water and air).
e.
A fixed hourly rate for the use of apparatus at incidents and for
the use of any other municipal or government vehicles.
f.
Services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department/Police to handle
such incident.
g.
Vehicle extrication services.
[Ord. No. 2018-4]
Reimbursement to the Borough for any reimbursable items, as
set forth above, shall be made by the following parties: The owner,
operator, person or entity responsible for any vehicle or vessel containing
hazardous material involved in any fire or release on public or private
property, whether stationary or in transit, whether accidental, through
negligence or criminal act.
[Ord. No. 2018-4]
Any responsible party, as set forth in Subsection 3-27.3, hereof, shall reimburse the Borough of Elmer for the full price of any reimbursable items used to extinguish such a fire, stop or contain such release or control and clean up such release within 45 days after receipt of a bill for such items from the Borough of Elmer. Upon the failure to reimburse the Borough of Elmer for the cost of such items within said 45 day period, and in addition to the penalty provided in Subsection 3-27.5, the Borough of Elmer may take such action as may be provided by law to recover such cost from the responsible party.
[Ord. No. 2018-4]
Any person, firm or corporation violating this section shall
be subject, upon conviction, to one or more of the following: imprisonment
in the county jail for any term not exceeding 90 days; or by a fine
of no less than $100 and not more than $2,000; and/or by a period
of community service not exceeding 90 days.
