Township of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
[Editor's Note: For rules and regulations for parks, public lands and open spaces see Chapter 2, Section 2-33.]
[New; Ord. #664-84, § I; Ord. #04-1318; Ord. #06-1371; Ord. No. 2016-1627]
Any person who shall violate any provision of this Code or other ordinance of the township, where no specific penalty is provided regarding the section violated, shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days or to a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court. (N.J.S.A. 40:49-5)
[New; Ord. #06-1371; Ord. No. 2016-1627]
Except as otherwise provided every day in which a violation of any provision of this chapter or any other ordinance of the township exists shall constitute a separate violation.
[Ord. No. 2016-1627]
Any person, firm or corporation who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was convicted for the previous violation, may be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeat offense shall not exceed the maximum fine as specified in subsection 3-1.1 of the Revised General Ordinances of the Township of Hopewell, but shall be calculated separately from the fine imposed for the violation of the ordinance.
[New; Ord. #06-1371; Ord. No. 2016-1627]
The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[New; Ord. #06-1371; Ord. No. 2016-1627]
The township committee may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. #06-1371; Ord. No. 2016-1627]
Whenever the municipality seeks to impose a fine greater than $1,250 upon an owner for violations of housing or zoning codes, the municipality shall provide a thirty-day period within which the owner may cure or abate the condition as well as an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. After the end of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #7/15/74]
It shall be unlawful for any person within the township to commit any of the following prohibited acts or activities or to engage or counsel or assist others in engaging in the same acts.
[Ord. #7/15/74]
No person shall discharge any cannon, artillery, small arm, gun, pistol, rocket, squib or powder cracker unless licensed by the township or other lawful authority to do so.
[Ord. #7/15/74]
No person shall sell, expose for sale, deliver or offer to any other person a torpedo, blank cartridge firecracker, squib, rocket, roman candle, red fire, or firework of any kind except upon the production of a written permit produced by the purchaser and issued by the township committee.
[Ord. #7/15/74]
No person shall discharge or ignite any toy cannon, pistol, shotgun, or other explosive device or any torpedo, firecracker, squib, rocket, roman candle, red fire, sparkler or firework of any kind unless licensed by the township committee or otherwise permitted by law.
[Ord. #7/15/74]
As used in this section:
a. 
LOITERING – Shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
[Ord. #7/15/74]
No persons shall loiter in a public place in such manner as to:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to create any disturbance or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
Obstruct, molest or interfere with any person lawfully in any public place. This paragraph shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[Ord. #7/15/74]
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-4.2, he may if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[Ord. #7/15/74]
As used in this section:
TRAILER OR CAMP CAR
Shall mean any vehicle used or intended to be used as a conveyance upon public streets or highways, whether the same is actually licensed or not; and shall include self-propelled and non-self-propelled vehicles so designed and constructed and reconstructed or added to by means of accessories in such manner as to permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons and having no foundation other than wheels, jacks or skirtings so arranged as to be part of or portable by said trailer or camp car.
[Ord. #7/15/74]
No trailer or camp car shall be parked and used as living or sleeping quarters on the streets in the township.
[Ord. #7/15/74]
No person shall maliciously destroy, damage, injure, remove, mark or deface or so attempt to destroy, damage, injure, remove, mark or deface any property.
[Ord. #7/15/74]
No person shall write, print, paint, make, cut, or exhibit any obscene words or offensive figures upon any house, wall, fence or other place, or make any indecent or improper exposure of his person to public view.
[Ord. #7/15/74]
No person shall import, print, publish, exhibit, sell or distribute or have in his possession or give away any book or pamphlet, ballad, printed paper, moving picture or film or record or other things containing obscene language, prints, pictures, figures, descriptions or sounds tending to the corruption of morals. No person shall introduce into any other family or school; or buy, procure, receive or have in his possession any such thing for the purpose of loan, sale, exhibition, circulation or playing by any such device; or giving it away; or with the intent to introduce the thing into any family or school to promote a prurient interest.
[Ord. #7/15/74]
It shall be unlawful for any person to place, keep, store, or maintain any junk automobile or junk automobile body, or separately the parts thereof, which are exposed outside of an enclosed building, on any tract of land within the township which is owned, leased or rented or under the control of such person.
[Ord. #7/15/74]
As used in this section.
A JUNK AUTOMOBILE OR JUNK AUTOMOBILE BODY
Shall mean any automobile which is no longer in actual use as a motor vehicle, or which is wholly unfit without rebuilding or reconditioning for use for public highway transportation, or which has been discarded for use as a motor vehicle.
[Ord. #7/15/74]
The lands and premises where any such junk automobile, junk automobile body, or junk automobile parts are kept, stored, or maintained in violation of this section shall be deemed to be a nuisance and detrimental to the health and general welfare of the residents of the township and shall be subject to regulations and ordinances of the township, including those enacted by the township board of health.
[Ord. #7/15/74]
Whenever, in the judgement of a majority of the township committee or, in the event of its inability to meet, the mayor or, in the event of his inability to act, the deputy mayor, it is determined that an emergency exists or is imminent as the result of:
a. 
Mob action, riot, disorderly assemblage or other widespread or perilous disturbances which may cause death or injury to persons or destruction of property, or
b. 
Natural disaster or man-made calamity such as flood, conflagration, earthquake, explosion or the uncontained presence of corrosive, radioactive or poisonous substances or gases.
The majority of the township committee, the mayor or the deputy mayor, as the case may be, shall have the power and authority to impose by proclamation any or all of the following regulations necessary to protect and preserve the health, safety and welfare of the citizens and inhabitants of the Township of Hopewell.
[Ord. #7/15/74]
a. 
To impose a curfew upon all or any portion of the township by requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks and other public places or lands abutting the same; provided that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public service, firemen and township authorized or requested law enforcement officers and personnel shall be exempted from such curfew.
b. 
To order the closing of any business establishment anywhere within the township for a period of the emergency or impose such other limitations on business activities or sales as may be necessary.
c. 
To designate any public streets, thoroughfare or vehicle parking area closed to motor vehicles and pedestrian traffic.
d. 
To call upon regular and auxiliary law-enforcement agencies and organizations within or without the township to assist in preserving and keeping the peace within the township.
e. 
To impose such other rules and regulations as may be deemed necessary to implement and carry out emergency control operations and to protect the health, safety and welfare of the citizens and residents of the township.
[Ord. #7/15/74]
This section is duly promulgated under the authority granted by N.J.S.A. 40:48-1,2.
[Ord. #7/15/74]
Any proclamation of emergency provided herein shall become effective upon its issuance and dissemination to the public. Any emergency and the rules and regulations proclaimed thereunder shall remain in full force and effect until amended or terminated by proclamation.
[Ord. #7/15/74]
Any powers granted by this section shall be in addition to and supplemental with any existing authority invested in the township committee and in the township police department.
[Ord. #493; Ord. #91-880]
a. 
LITTER – Shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited tends to create a danger to public health, safety and welfare.
b. 
GARBAGE – Shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
c. 
REFUSE – Shall mean all putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and all waste materials resulting from any business, trade or industry.
d. 
RUBBISH – Shall mean nonputrescible wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
e. 
PRIVATE PROPERTY – Shall mean any dwelling or structure whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling or structure.
f. 
PUBLIC WAYS ADJACENT TO PRIVATE PROPERTY – Shall mean the areas from the side edge of a highway, street or road, whether or not curbed, to and including the sidewalk, if any, and if no sidewalk, to the front property line of adjacent private property, and all areas used for any public park, playground, municipal building or other installation, including driveways, parking areas, walks, paths and other public ways thereupon.
[Ord. #493; Ord. #91-880; Ord. #92-907, § 1]
It shall be unlawful for any person to place upon, deliver, deposit, throw upon, leave or abandon, within or upon any private property or public ways adjacent to private property in the Township of Hopewell any litter, garbage, refuse or rubbish as defined herein, or any handbills, advertisements, brochures, fliers, shoppers or other unsolicited commercial matter, printed or otherwise, of every kind or nature whatsoever. This section shall not apply to placement of leaves when duly authorized.
a. 
Open or Overflowing Waste Disposal Bins. It is unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
b. 
Construction Sites. It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It is the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable 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. #493]
The provisions of this section shall not be applicable to the delivery of:
a. 
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
b. 
Parcels, packages and materials by and in accordance with the rules of the Railway Express Agency or other utility licensed or regulated for such purposes, and those delivered by vendors where ordered by the owner or occupant of the recipient premises.
c. 
Newspapers and other publications and periodicals only if subscribed to by the owner or occupant or the recipient premises, provided either (1) placed firmly in a receptacle designed for such purpose or (2) if none, then tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
d. 
Laundry, dry cleaning, dairy, bakery and similar food products, and commercial product sampling, by agreement with or invitation of the owner or occupant of the recipient premises.
e. 
Solicitation cards, brochures and flyers by duly authorized bona fide nonprofit charitable organizations, including, but not limited to, United Fund, American Red Cross, religious, educational, medical and volunteer police, fire and ambulance organizations, provided packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
f. 
Noncommercial handbills of a political or other nature whose distribution is or may be protected by constitutional rights of free speech, provided packaged and placed in such manner as not to blow and scatter upon the recipient premises or adjacent areas.
g. 
Unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, provided distribution of same is in compliance with this ordinance, and further provided packaged and placed in such manner as not to blow or scatter upon the recipient premises or adjacent areas.
[Ord. #496; Ord. #612-82]
The delivery of unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, shall qualify for the exception provided for in subsection 3-11.3g hereof, subject to and contingent upon initial and continuing compliance with the following requirements:
a. 
License. The publisher or distributor shall, prior to any such delivery, apply to the township clerk for an annual license, to be effective from January 1 to the following December 31 (or any portion thereof), on forms to be prescribed by the township administrator requiring, in part, complete information about the publisher, distributor, the publication concerned, frequency of distribution and designating specific persons (with addresses and telephone numbers) responsible for compliance with this ordinance.
b. 
Objection to Delivery. The owner or occupant of any property within the township shall have the right, in writing, at any time, to transmit to the township clerk notice of objection to the continued delivery of any such unsolicited and unsubscribed publication by any licensee. The township clerk shall prepare and maintain, at all times on a current basis, a list of the names and addresses of such objectors which shall be sent to the police department and made available to licensees hereunder at all times during the business hours prescribed by law for the township clerk's office. The township clerk shall also notify the designated specific person referred to in subsection 3-11.4a hereby, by certified mail, return receipt requested of the name and address of all persons making such objection. Such notice of objection shall continue in effect until revoked, and it shall be deemed a violation of this ordinance for any licensee to deliver, or continue to deliver, any such unsolicited and unsubscribed publication to any such objecting owner or occupant whose name has been delivered by certified mail to person referred to in subsection 3-11.4a.
[Ord. #612-82]
The township clerk may, in addition to the penalties provided herein for violations, either suspend, revoke or refuse to renew any such license where three or more violations of this section by the licensee shall have occurred within any annual license period, provided the licensee is first given 10 days advance written notice of any such action and a hearing.
[Ord. #612-82]
See Chapter 10.
[Ord. #502]
The term "motor-driven vehicle", as used in this section, shall include but not be expressly limited to minibikes, trail bikes, motorcycles, motor scooters, go-carts, swamp buggies and any other motor-driven vehicle not capable of being registered under Title 39 ("Motor Vehicles") of the New Jersey Statutes, as amended.
[Ord. #502]
It shall be unlawful for any person to operate, or permit and suffer to be operated, a motor-driven vehicle, as defined herein, within the township under the following circumstances:
a. 
On private property of another without the express written consent of the owner and the occupant of said property. Where such express prior written consent has been obtained, the operator shall keep same on his person, available for immediate display, during the period of such operation;
b. 
On any public grounds or property;
c. 
In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons;
d. 
No person shall operate a motor-driven vehicle before the hour of 8:00 a.m. prevailing time and after 9:00 p.m.;
e. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person;
f. 
Each motor-driven vehicle shall at all times be equipped with a muffler, in good working order and no person shall use a muffler cut-out, by-pass or similar device.
[Ord. #680-85; Ord. No. 2016-1636]
a. 
ALARM BUSINESS – Shall mean any business operated by a person, partnership, or corporation, for profit, which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to a fire or burglar alarm system, or which causes any of these activities to take place.
b. 
ALARM DEVICE – Shall mean any type of alarm-activating equipment which provides warning of burglary, intrusion, fire, flood, or like peril.
c. 
ALARM SYSTEM – Shall mean the installation in one or more buildings of one or more alarm devices for the express purpose of giving visual and/or audible warning of an emergency such as burglary, intrusion, fire, flood or like peril.
d. 
ALARM USER – Shall mean any person, firm, partnership, association, corporation, company, or organization of any kind in possession or control of any building, structure or facility wherein an alarm device or system is maintained.
e. 
FALSE ALARM – Shall mean an alarm signal eliciting a response by police or firefighters or any other public officials when a situation requiring a response by police or firefighters or any other public officials does not in fact exist, but excluding an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user.
f. 
INDEPENDENT SMOKE DETECTOR – Shall mean a device giving an audible alarm indicating smoke and/or fire within a structure and not connected to an alarm system or to any external sounding device outside of the structure.
g. 
A one-time alarm registration fee in the amount of $20.
[Ord. #680-85; Ord. No. 2016-1636]
No person shall install, operate or maintain any alarm system unless the alarm system has been registered with the police department. An alarm system shall be deemed registered at such time as a registration form supplied by the police department is completed as to all information requested therein. Among the information to be provided on the registration form is the following:
a. 
The name, address, telephone number of the owner, occupant, or user of the property upon which the alarm system is installed.
b. 
The name, address, and telephone number of the installer of the system.
c. 
The name, address, and telephone number of the maintainer of the system.
d. 
The type of system.
e. 
A list of the names, addresses, and telephone numbers of person(s) to be contacted in the event of an alarm or in an emergency situation determined by the police department.
f. 
A detailed description and location of the alarmed premises.
g. 
A one-time alarm registration fee in the amount of $20.
No further renewal registration shall be required unless and until there has occurred any material change in the information previously submitted with respect to any alarm system in which event it shall be the duty of the user of the alarm system, within 10 days of such material change, to file a supplemental or revised registration containing accurate, current information.
All pre-existing alarm systems shall comply with the registration requirements of this subsection within 60 days of the date of the final adoption of this section.[1]
[1]
Editor's Note: Ordinance No. 680-85 was adopted April 15, 1985.
[Ord. #680-85]
a. 
Each alarm system shall be installed utilizing discrete circuitry for multi-purpose and single alarm systems to insure appropriate emergency response.
b. 
Any alarm system which requires for its operation electricity supplied by a public utility may be equipped with a battery rendering it operable in the event of a power outage if so desired by the property owners. Such battery back-up system shall only be required for any alarm system which will trigger itself automatically in the event of a power outage.
c. 
Every burglar alarm system must be provided with a device which will shut off the alarm after 15 minutes of activation.
d. 
Every burglar alarm system not fitted with an external key switch shall be equipped with a time delay of at least 15 seconds which may include an audible signal of the same length of time, said time delay to be designed to prevent accidental activation of the system. The fifteen-second signal, if utilized, shall be audible only within the structure and not externally.
e. 
No alarm system may be connected directly to the alarm system panel located in the police department without the approval of the owner of the alarm system panel and chief of police or his designee.
f. 
No person shall install, cause to be installed, or permit to be installed, any alarm device, by whatever name known, which automatically selects a telephone line dedicated to the police department or fire department for the purpose of playing a recorded message to report any emergency.
g. 
In the event an alarm system, other than a fire or holdup alarm system, is tied into and/or serviced by a central station or answering service, upon activation of said alarm system, the central station or answering service shall verify the validity of the alarm prior to notifying the police department of same.
h. 
No police, fire, or other public department or official shall be responsible in any way for the re-setting or maintenance of any alarm system.
i. 
No alarm business or person owning, using or possessing an alarm system shall cause or permit the giving of repeated false alarms, whether intentional, accidental or otherwise.
j. 
A new homeowner, occupant or user possessing or using an alarm system shall be responsible for notifying and re-registering the system with the police department within 30 days of his purchase and/or transfer of title of the property.
[Ord. #680-85]
All information submitted in compliance with this section shall be held in confidence and shall be deemed a record exempt from public disclosure pursuant to State statute(s). Any violation of confidentiality shall be deemed a violation of this section.
[Ord. #680-85]
The provisions of this section shall not apply to any alarm system installed on property occupied by any township, county or State or Federal government agency or office, nor to an independent smoke detector as defined in subsection 3-13.1f.
[Ord. #680-85; Ord. No. 2016-1636]
a. 
Any person who fails to register said alarm system as required by the provisions of this section is subject to a minimum fine of $50.
b. 
Any owner or user of an alarm system which experiences more than two false alarms within any one-year period shall be required to modify or improve said system with a retrofit which will incorporate into said system a mandatory audible fifteen-second signal which shall be designed to prevent accidental activation of the system.
c. 
Owners and users of alarm systems shall be subject to the following minimum fine schedule for false alarms:
Number of False Alarms
Minimum Fine/Penalty
Fire
Police/Burglar
3
$50
$50
4
$75
$75
5
$90
$90
6 or more
$100
$100 each
Any owner or user of an alarm system who accidentally activates his/her burglar alarm and promptly notifies the police department within two minutes after activation will not be charged a false alarm call. This grace period shall not apply to fire alarms.
d. 
Any owner or user of an alarm system who installs such a system not in compliance with this section is subject to a minimum fine of $50. Additionally, said owner or user may be required to remove such an alarm system.
e. 
Any owner or user of an alarm system shall be notified by the township police department once two false alarms have occurred with said system.
[Ord. #680-85]
Any person who intentionally causes the giving of a false alarm shall be in violation of N.J.S.A. 2C:33-3.
[Ord. #680-85]
This section shall take effect upon final passage and publication in accordance with law.
[Ord. #700-86, § 1]
As used in this section:
HANDICAPPED PARKING SPACES
Shall mean restricted parking spaces for use by persons who have been issued a special vehicle identification card by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-205 and N.J.S.A. 39:4-197.5.
PUBLIC BUILDINGS
Shall mean any new or remodeled building, structure, facility or complex used by the general public, of at least 10,000 square feet in size, including, but not limited to, theatres, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places constructed by any State, county or municipal government agency or instrumentality or any private individual, partnership, association or corporation.
SPECIAL LICENSE PLATES, CARDS AND OTHER INSIGNIA
Shall mean those license plates and special vehicle identification cards issued by the Director of the Division of Motor Vehicles of the State of New Jersey pursuant to N.J.S.A. 39:4-205 and 39:4-206.
[Ord. #700-86, § 2]
Location of handicapped parking spaces. Handicapped parking spaces shall be provided at all public and quasi-public buildings with parking facilities within the Township of Hopewell in accordance with the following guidelines:
a. 
One parking space shall be used for handicapped parking for each 100 parking spaces or part thereof in a parking facility.
b. 
The handicapped parking spaces shall be located in an area of the parking facility which is most accessible and proximate to the building or buildings which the facility serves. The determination of said location shall be made by the code enforcement officer in conjunction and consultation with the owner, except where the location has been determined by the planning board or zoning board of adjustment of the Township of Hopewell. In shopping centers and other multi-store facilities, the handicapped spaces shall be as near to the flagship store as possible and/or such other locations as may be agreeable between the code enforcement officer and the owner.
c. 
Each space or group of spaces shall be identified with a clearly visible sign displaying the International Symbol of Access along with the following words, "These Spaces Are Reserved for Physically Handicapped Only. Special Vehicle Identification Required."
d. 
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level paved surface suitable for wheeling and walking.
e. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
f. 
Where applicable, curb ramps shall be provided to permit handicapped persons access from parking area to sidewalk.
g. 
All public buildings as defined herein shall provide handicapped parking spaces prior to receipt of a certificate of occupancy.
[Ord. #700-86, § 3]
Only handicapped persons, or persons driving handicapped persons, in vehicles with special license plates, cards and other insignia, may park in designated area. No person shall park, stop or stand a motor vehicle anytime in an area designated as reserved for the benefit of physically handicapped individuals unless such person is a handicapped person or is driving such handicapped person for the handicapped person's benefit.
[Ord. #700-86, § 4; Ord. #03-1291, § 1]
Any person parking a motor vehicle in a handicapped parking space without a special license plate, or card or other insignia issued by the Director of the Division of Motor Vehicles of the State of New Jersey, or by the jurisdiction wherein the motor vehicle is registered, shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days of community service on such terms and in such form as the Municipal Judge shall deem appropriate, or any combination thereof.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 742-87, 750-87, 91-887 and 91-890.
[Ord. #06-1379]
The fire official is authorized, by the Uniform Fire Code N.J.A.C. 5:70-3.1(a)3, F-311.0, to establish fire lanes on properties in the Township of Hopewell where the operation and parking of motor vehicles or creating other similar obstruction would interfere with adequate ingress, egress and operation of firefighting equipment or other emergency vehicles.
[Ord. #06-1379]
The Hopewell Valley Bureau of Fire Safety is further authorized to promulgate regulations limiting, restricting, or prohibiting the operation of motor vehicles to be established pursuant to subsection 3-15.1.
[Ord. #06-1379]
Any person who violates any provision of this section shall be liable, upon conviction thereof, to a fine of $61 for the first offense and, for subsequent offense, a fine of at least $61 and up to 90 days community service on such terms and in such form as the municipal judge shall deem appropriate, or any combination thereof.
[Ord. #06-1379]
Township Police and Fire Code Enforcement Officials acting within their official capacity shall have the power to order removed any vehicle violating this section, and the owner shall be responsible for any towing or related fees incurred, as well as penalties for violations of this section.
a. 
Procedure. The removal of vehicles pursuant to section 3-15.4 shall follow the policies and procedures established by the Hopewell Township Police Department.
[Ord. #780-88, § 1]
In accordance with and pursuant to the authority of L. 1988 c. 44 (C. 2C:35-7), the Drug-Free School Zone Map produced on or about 2-12-1988 by the Hopewell Township Engineer, Van Cleef Engineering Associates, 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 or school board, and of the areas on or within 1,000 feet of such school property.
[Ord. #780-88, § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-16.1 of this section 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 Drug Free-School Zones.
[Ord. #780-88, § 3]
The school board, or the chief administrative officer in case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the 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. #780-88, § 4]
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-16.1 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 and adopted herein and kept on file. It is hereby 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 Mercer County Prosecutor.
[Ord. #780-88, § 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 3-16.1 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 of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned 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 L. 1987, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, 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 3-16.1 of 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 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 L. 1988, c. 44 concerning the preparation approval and adoption of a Drug-Free School Zone Map have been complied with.
[1]
Editor's Note: Former section 3-17, Maintenance of Fences around Swimming Pools, previously codified herein and containing portions of Ordinance No. 817-89 was repealed in its entirety by Ordinance No. 92-919.
[1]
Editor's Note: Former Section 3-18, Brush and Landscaping Debris, previously codified herein and containing portions of Ordinance No. 93-944, was repealed in its entirety by Ordinance No. 05-1356.
[Ord. #05-1356; Ord. #12-1541]
The purpose of this section is to establish a yard waste collection and disposal program in the Township of Hopewell, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #05-1356; Ord. #12-1541]
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.
CONTAINERIZED
Shall mean the placement of yard waste in a trash can, bucket, biodegradable bag or by any other method of containment, so as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater runoff.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves and brush/landscape debris. Brush/landscape debris shall be more particularly defined by subsection 3-18.3.3. Grass clippings are a separate waste product that is not collected by Hopewell Township.
[Ord. #05-1356; Ord. #05-1362; Ord. #12-1541]
Yard waste collection schedules shall be determined annually. Schedules shall be published at the earliest possible date on the Hopewell Township website (www.hopewelltwp.org) and in the municipal calendar. Special instructions shall be issued by the public works director in the event added brush collections are to be provided as a result of storm damage. Such instructions will be posted to the township website www.hopewelltwp.org.
[Ord. #05-1356; Ord. #05-1362, § 1; Ord. #12-1541]
Sweeping, raking, blowing or otherwise placing yard waste is only permitted during a scheduled and announced collection and during the seven calendar day period prior to the scheduled and announced collection.
Yard waste may not be placed closer than 10 feet from any storm drain inlet and may not be placed on any street pavement. Placement of yard waste may occur up to the edge of pavement or to the inside edge of curb for streets with no sidewalks. Under no circumstances shall yard waste be placed on sidewalks or in a manner that obstructs safe street sight distances or driveway sight distances. Placement of yard waste must occur on the frontage of the tax lot from which the yard waste originated.
Placement of yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
[Ord. #05-1356; Ord. #05-1362, § 1; Ord. #12-1541]
In order to allow for safe and efficient collection of brush, limbs and landscape debris (Yard Waste), the following regulations must be followed for each collection:
a. 
Collection shall be limited to brush and tree pruning.
b. 
Limbs shall be no longer than four feet in length.
c. 
Limbs and brush shall be placed in an orderly manner with all butts (six inches diameter maximum) facing road.
d. 
Maximum brush pile size - four feet wide by four feet high by 15 feet long. Disposal of brush in excess of this volume shall be the responsibility of the homeowner.
e. 
Small twigs must be bagged.
f. 
All wire, nails and metal shall be completely removed from the pile.
g. 
Do not place brush in street, gutter or within 10 feet of any storm drain inlet per Ordinance No. 05-1356. Yard waste may be placed up to the edge of pavement or to the inside edge of curb for streets with no sidewalks. Under no circumstances shall yard waste be placed on sidewalks or in a manner that obstructs safe street sight distances or driveway sight distances. Placement of yard waste must occur on the frontage of the tax lot from which the yard waste originated.
h. 
Diseased material and firewood will NOT be collected.
i. 
Tree stumps, trunks and limbs in excess of six inches diameter will NOT be collected.
j. 
Brush in excess of above stated maximum brush pile size will NOT be collected. Disposal of material in excess of the maximum brush pile size shall be the responsibility of the homeowner within 10 calendar days of the township having performed collection for that lot.
k. 
Brush mixed with leaves will NOT be collected.
[Ord. #05-1356; Ord. #12-1541]
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at section 3-1 of this chapter, except that no person found to be in violation of the provisions of this section shall be subject to imprisonment.
[Ord. #94-994]
a. 
Except as otherwise provided in paragraph b of this section, no insurance company shall pay to any claimant any claim in excess of $2,500 for fire damages on any real property located within the Township of Hopewell, pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of this section with the State Commissioner of Insurance, until such time as any anticipated demolition costs and all taxes and assessments and all other municipal liens or charges due and payable, appearing on the official certificate of search, shall have been paid by either the owner of the real property or by the insurance property.
b. 
The township committee may enter into an agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments, or for the payment in full of any anticipated costs of demolition by installments, if the township committee is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. A certified copy of any resolution of agreement shall be provided to the insurance company that has insured the property for fire damage.
[Ord. #05-1357]
The purpose of this section shall be to establish requirements for the proper handling of yard waste and grass clippings in the Township of Hopewell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 05-1357]
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.
CONTAINERIZED
Shall mean the placement of yard waste and grass clippings in a trash can, bucket, biodegradable bag or by any other method of containment, so as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater runoff.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Shall mean leaves, brush, and landscape debris.
[Ord. #05-1357]
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste in the street unless the yard waste is placed in accordance with the Yard Waste Collection Ordinance.[1] If yard waste is not containerized and placed in the street in a manner inconsistent with the Yard Waste Collection Ordinance, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place grass clippings in the street. If grass clippings are not containerized and placed in the street, the party responsible for placement of grass clippings must remove the grass clippings from the street or said party shall be deemed in violation of this section.
[1]
Editor's Note: The Yard Waste Collection Ordinance, referred to herein, is codified as section 3-18 of this chapter.
[Ord. #05-1357]
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at section 3-1 of this chapter, except that no person found to be in violation of the provisions of this section shall be subject to imprisonment.
[Ord. #05-1353]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of Hopewell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #05-1353]
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.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean physical or nonphysical 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 Township of Hopewell, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic 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)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Township of Hopewell or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
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.
NON-CONTACT COOLING WATER
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
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.
STORMWATER
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. #05-1353]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Hopewell any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. #05-1353]
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at section 3-1 of this section.
[Ord. #05-1354]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Township of Hopewell, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. #05-1354]
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.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are neither human nor domesticated.
[Ord. #05-1354]
No person shall feed, in any public park or on any other property owned or operated by Township of Hopewell any wildlife, excluding confined wildlife (for example, wildlife contained in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
[Ord. #05-1354]
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at section 3-1 of this chapter, except that no person found to be in violation of the provisions of this section shall be subject to imprisonment.
[Ord. #07-1410, § I; Ord. #11-1506]
It is hereby unlawful for any person under the legal age ("underage person") to knowingly, without legal authority, possess or knowingly consume an alcoholic beverage on private property. No person shall be considered to knowingly possess an alcoholic beverage merely because he or she is present where alcoholic beverages are being consumed.
[Ord. #1410, § I; Ord. #11-1506]
A person under the legal age shall not be prohibited from (a) possessing or consuming an alcoholic beverage in connection with a religious observance, ceremony, or rite or possessing or consuming an alcoholic beverage in the presence of, or with the written permission of such person's parent or guardian or relative who has attained the legal age to purchase or consume alcoholic beverages; or (b) the possession of an alcoholic beverage 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.
[Ord. #1410, § I; Ord. #11-1506]
An underage person and one or two other persons shall be immune from prosecution under this section if:
a. 
One of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;
b. 
The underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator.
c. 
The underage person was the first person to make the 9-1-1 report; and
d. 
The underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.
The underage person who received medical assistance also shall be immune from prosecution under this section.
[Ord. #1410, § I; Ord. #11-1506]
Any person who is a resident of a dwelling on private property and affirmatively requests assistance from authorities (such as via a 911 call) or from an off-site adult (such as a parent, guardian or neighboring resident) for the purpose of controlling or removing nonresidents who are on that property shall not be charged under this section with underage possession or consumption of alcohol on private property, as long as assistance is provided as a result of such request.
[Ord. #1410, § I; Ord. #11-1506]
As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. #1410, § I; Ord. #11-1506]
A violation by an underage person of this section shall be punished by a fine of $250 for a first offense, and $350 for any subsequent offense. In addition, the court may, in its discretion, require the performance of community-related service.
[Ord. #1410, § I; Ord. #11-1506]
a. 
The court may, in addition to the penalty authorized for this offense, suspend or postpone for six months the driving privileges of the defendant underage person. Upon the conviction of any underage person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission (Commission) 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.
b. 
If an underage person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court may immediately collect the license and forward it to the Commission 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.
c. 
The court shall inform the underage 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. 39:340. 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.
d. 
If the underage person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission 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 Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. #1410, § I; Ord. 11-1506]
a. 
Any person 18 years of age or younger who is convicted of a violation of this section, will be required to complete a court-approved alcohol counseling program.
b. 
Any person 19 years of age or older who is convicted of a second or subsequent violation of this section will be required to complete a court-approved alcohol counseling program.
[Ord. #1410, § I; Ord. #11-1506]
The chief of police and the health officer will annually present to the governing body a report on the effectiveness of this section.
[Ord. #11-1517]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Hopewell and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #11-1517]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Township of Hopewell or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
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.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #11-1517]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Hopewell.
[Ord. #11-1517]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #11-1517]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth in Section 3-1 of this chapter, except that no person found to be in violation of this section shall be subject to imprisonment.
[Ord. #11-1518]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Hopewell so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #11-1518]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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 Township of Hopewell or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grade inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #11-1518]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 3-25.4 below prior to the completion of the project.
[Ord. #11-1518]
Storm drain inlets identified in subsection 3-25.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 3-25.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space four and five-eighths inches along and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. #11-1518]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at section 3-1 of this chapter, except that no person found to be in violation of the provisions of this section shall be subject to imprisonment.