[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:
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.
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.
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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.
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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.
|
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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]
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[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:
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.
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.
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.
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
[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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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. #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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. #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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
[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 system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[Amended 4-19-2021 by Ord. No. 21-1744]
3.
For curb-opening
inlets, including curb-opening inlets in combination inlets, 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 7.0 square inches, or be no greater than 2.0 inches across
the smallest dimension.
[Added 4-19-2021 by Ord. No. 21-1744]
c.
This standard does not apply:
2.
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;
3.
Where flows from the water quality design storm as specified in N.J.A.C.
7:8 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:
[Amended 4-19-2021 by Ord. No. 21-1744]
(a)
A rectangular space 4.625 inches long 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.
(c)
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].
4.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars ,to the elevation of the water
quality design storm as specified in N.J.A.C. 7:8; or
[Amended 4-19-2021 by Ord. No. 21-1744]
5.
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.
[Added 10-18-2021 by Ord.
No. 21-1762]
[Added 10-18-2021 by Ord.
No. 21-1762]
An ordinance to prohibit the spilling, dumping, or disposal
of materials other than stormwater to the municipal separate storm
sewer system (MS4) operated by the Township of Hopewell, so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Added 10-18-2021 by Ord.
No. 21-1762]
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.
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.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
[Added 10-18-2021 by Ord.
No. 21-1762]
The spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system operated by the Township
of Hopewell 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.
[Added 10-18-2021 by Ord.
No. 21-1762]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
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 firefighting 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.
3.
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.
[Added 10-18-2021 by Ord.
No. 21-1762]
This section shall be enforced by the Police Department of the
Township of Hopewell.
[Added 10-18-2021 by Ord.
No. 21-1762]
Any person found to be in violation of the provisions of this section shall be subject to the penalty provisions set forth at § 3-1 of this chapter.
[Added 10-18-2021 by Ord.
No. 21-1762]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
