Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: The general power to adopt local police ordinances of all kinds is contained in R.S. 40:48-1, 2.
[1]
Editor's Note: For regulations on littering in public parks and lands, see subsection 9-1.5 of Chapter 9, Recreational Facilities.
[Ord. #165, § 1; Ord. #168, § 3; 1970 Code § 4-3.1]
As used in this section:
GARBAGE
Shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
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.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys, beaches or other public ways, and any and all public parks, squares, spaces, docks, grounds and buildings.
REFUSE
Shall mean putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
RUBBISH
Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Shall mean every device in, on or by which any person or property is or may be transported or drawn on a highway, including devices used exclusively on stationary rails or tracks.
[Ord. #165, § 1; Ord. #168, § 1; 1970 Code § 4-3.2]
No person shall sweep, throw, deposit or dump litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or on any public place, or any pond, lake or stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements in or on any public place, or on private property.
[1970 Code § 4-3.3]
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[1970 Code § 4-3.4]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter in or on any public place within the Borough or on private property.
[1970 Code § 4-3.5]
No person shall drive or move any truck or other vehicle within the Borough unless it is so constructed or loaded as to prevent its load, contents or litter from being blown or deposited in or on any public place; nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in or on any public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
[Ord. #168, §§ 1 & 2; 1970 Code § 4-3.6]
No person shall bring, cart, remove, transport or collect any litter from outside the Borough into the Borough for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the Borough shall be parked or allowed to remain standing on any street or public property in the Borough for a period in excess of two hours.
[1970 Code § 4-3.7]
No person shall cast or place, or cause to be cast or placed, any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings, or into any vehicle while on the public highways or on private property within the Borough, except that this subsection shall not apply to newspapers and addressed envelopes delivered to subscribers and addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided they are securely placed at each dwelling so as not to be blown away by the wind.
[Ord. #86-11, § 1]
No person, firm or corporation shall, within the limits of the Borough, throw, dump, cast, discard or deposit paper, paper products, bottles, tin cans, containers, junk, garbage, discarded furniture, tires, drums, debris or any other waste matter whatsoever alongside of any street, right of way or road or within any property.
[Ord. #86-11, § 2]
Any person, firm or corporation convicted of a violation of any of the provisions of this section shall be subject to a fine of not less than $200 and not more than $1,000 per event or imprisonment not to exceed 90 days or both per event, in the discretion of the Municipal Judge.
Nothing in this section is intended to apply to a person, firm or corporation legally putting out garbage or trash for garbage collection.
[Ord. #2004-1, §§ 2 — 7]
a. 
The term "person" used herein refers to individuals, partnerships, firms, businesses, corporations, organizations, schools, churches, and institutions.
b. 
It shall be a nuisance and unlawful for any person to burn or allow to be burned, any material of any kind exuding smoke which may endanger the safety or health of the public, or disturb the comfort or repose of any person residing in the vicinity of the fire, or which causes excessive or noxious odors, or when such fire emits sparks, embers, or smoke upon adjacent, or nearby premises.
c. 
The burning of any material outside of a structure shall not be permitted as follows:
1. 
Materials and Refuse Prohibited. The following types of open fires which are prohibited include but are not limited to: leaves or grass, garbage or other organic refuse, building demolition or construction material, automobiles or parts thereof, highly flammable, toxic or explosive materials, electrical wiring, all rubber, plastic and paper products.
2. 
Burning on Public Land. No person shall kindle or maintain any open fire or authorize any such fire to be kindled or maintained on or in any public street, alley, road or other public ground, without obtaining a permit from the Moonachie Fire Department.
3. 
Burning on Private Land. No person shall kindle or maintain any open fire on any private land.
4. 
Prohibition of Fires. The Chief or designee of the Moonachie Fire Department may prohibit any and all open fires when circumstances make such fires hazardous or when such fires are prohibited by the New Jersey Department of Natural Resources.
5. 
Water Availability. No burning shall be done unless an adequate water supply is available at the burning site to control the fire.
6. 
Burning Location. No burning shall be done within 75 feet of any structure or property line.
7. 
Wind Conditions. No burning shall be done at any time or place when wind conditions may create a nuisance to anyone or the property of anyone in the vicinity.
d. 
All burning permits shall be issued by the Moonachie Fire Department and a record of such permit shall be maintained by the Department. Any permit issued by the Department may be revoked by the Department for any reason including but not limited to any violation of this subsection, adverse weather or other hazardous conditions concerning the site, adverse advisories from the New Jersey Department of Natural Resources, or a valid complaint from any person residing in the vicinity of the fire that such fire is disturbing to such person or interfering with such person's peace, comfort and enjoyment of his own premises.
e. 
Enforcement. The local enforcing agency established by subsection 3-13.8 of this section shall be under the direct supervision and control of Chief of the Moonachie Police Department or any other official of the Borough.
f. 
Penalties. Any person, firm or corporation convicted of a violation of any of the provisions of this section shall be subject to a fine of not less than $200 and not more than $1,000 per event or imprisonment not to exceed 90 days. Or both per event, in the discretion of the Municipal Judge.
[Ord. #2005-11]
a. 
Purpose. To prohibit the spilling, dumping, or disposal of materials other than storm water to the municipal separate storm sewer system (MS4) operated by the Borough of Moonachie, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions.
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, manmade channels, or storm drains) that is owned or operated by the Borough of Moonachie or other public body, and is designed and used for collecting and conveying storm water.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM 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.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than storm water to the municipal separate storm sewer system operated by the Borough of Moonachie is prohibited. The spilling, dumping, or disposal of materials other than storm water in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Beach maintenance equipment immediately following their use for their intended purposes; and
(b) 
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.
(c) 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. #2005-11]
a. 
Purpose. For the proper handling of yard waste in the Borough of Moonachie, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. The following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection 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, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with storm water.
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 grass clippings.
c. 
Prohibited Conduct. 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, unless the yard waste is containerized, in the street. If yard waste that is not containerized, is placed in the street, 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 subsection.
d. 
Enforcement. The provisions of this subsection shall be enforced by Moonachie Police Department and/or other designated Moonachie Borough Official.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $1,000.
[Ord. #2005-11]
a. 
Purpose. The purpose of this subsection is to establish a yard waste collection and disposal program in the Borough of Moonachie, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Yard Waste Collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this subsection. 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 subsection.
c. 
Enforcement. The provisions of this subsection shall be enforced by the Moonachie Police Department and/or other Municipal Officials of the Borough of Moonachie.
d. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $1,000.
[1]
Editor's Note: See standards for noise measurement in Chapter 22, Zoning, subsection 22-5.11.
[Ord. #246, § 2; 1970 Code § 4-2.1]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
[Ord. #246, §§ 3 — 14; 1970 Code § 4-2.2]
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
a. 
Radios; Televisions; Phonographs. The playing, using, operating or permitting to be played, used or operated, of any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
Loudspeakers; Amplifiers for Advertising. The playing, using, operating or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising.
c. 
Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
d. 
Animals; Birds. The keeping of any animals or birds which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity, but nothing herein contained is intended to apply to a dog pound or kennel existing in accordance with Chapter 8 of this Code.
e. 
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles, or to persons on the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.
f. 
Steam Whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger, or as a signal or warning in connection with civil defense, fire or ambulance calls.
g. 
Bells. The sounding of any bell or gong, or the blowing of any whistle attached to a building or locomotive, except as a warning to prevent injury to life or property.
h. 
Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
i. 
Defect in Vehicle or Load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
j. 
Loading; Unloading; Opening Boxes. The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
k. 
Construction or Repair. Excavation, demolition, construction, repair or alteration work in connection with any building, structure or other improvement other than between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday; except that with regard to construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m., seven days a week. In case of urgent necessity or in the interest of public health or safety, the Construction Official may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days during which the emergency continues, and the permit may be renewed for an additional period of three days where the emergency continues. If the Construction Official shall determine that public health or safety will not be impaired by the excavation, demolition, construction, repair or alteration work of any building, structure, or other improvement between the hours of 8:00 p.m. and 7:00 a.m., and if he shall further determine that substantial loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
l. 
Schools; Courts; Churches; Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which noise unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed on the street indicating that it is a school, hospital or court street.
m. 
Drums. The use of any drums or other instrument or device for the purpose of attracting attention to any performance, show or sale by the creation of noise.
n. 
Hawkers; Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood between the hours of 9:00 p.m. and 8:00 a.m.
o. 
Metal Rails, Pillars and Columns; Transportation Thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places, on carts, drays, cars, trucks or in any other manner, so as to cause loud noises or disturb the peace and quiet.
p. 
Pile Drivers; Hammers. The operation, other than between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, of any pile driver, steam shovel, bulldozer or other earth moving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
q. 
Blowers. The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled, or the engine is equipped with a muffler device sufficient to deaden such noises.
r. 
Devices for Scaring Birds and Animals. Devices for the purpose of scaring birds and animals, except between sunrise and sunset.
The above enumeration is intended only to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[Ord. #246, §§ 15 — 16; 1970 Code § 4-2.3]
Nothing herein shall be construed to apply to:
a. 
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
b. 
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
c. 
Activities in public parks, playgrounds or public buildings under the permission or authority of municipal officials.
d. 
The playing by a band or orchestra in a hall or building or in the open air.
e. 
Any public utility as defined in Title 48 of the Revised Statutes of New Jersey, or to any employees of such public utility when such public utility or its employees shall be engaged in performing work to prevent threatened interruption of its services, or to terminate the interruption of its service rendered to its customers.
[Ord. #246, § 5; 1970 Code § 4-2.4]
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Council for each occasion and each location:
a. 
Sound trucks shall not be operated in residential zones in the Borough before 9:00 a.m. and after 7:00 p.m.
b. 
Sound trucks shall not be operated in commercial zones in the Borough before 9:00 a.m. and after 9:00 p.m.
c. 
Moving sound trucks shall keep to the extreme righthand side of the road and shall proceed at a speed of not less than 10 miles per hour.
d. 
Stationary sound trucks are prohibited in all residential zones in the Borough, but may be operated in commercial zones during the hours referred to above.
e. 
As used in this subsection "residential zones" shall mean the zones so described on the Zoning Map of the Borough, and "commercial zones" shall mean and include all parts of the Borough other than residential zones.
[Ord. #69-13; 1970 Code § 4-7.1]
As used in this section:
PROPERTY
Shall mean any real property within the Borough which is not a street or highway.
STREET OR HIGHWAY
Shall mean the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
Shall mean a machine propelled by other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property or pull machinery, and shall include without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.
[Ord. #69-13; 1970 Code § 4-7.2]
No person shall abandon any vehicle within the Borough or leave any vehicle at any place within the Borough for such time and under such circumstances as to cause it to reasonably appear to have been abandoned.
[Ord. #69-13; 1970 Code § 4-7.3]
No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street or highway within the Borough.
[Ord. #69-13; 1970 Code § 4-7.4]
No person in charge or control of any property within the Borough, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicles to remain on the property longer than 48 hours. No person shall leave any such vehicle on any property within the Borough for a longer time than 48 hours, except that this subsection shall not apply to a vehicle in any enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Borough.
[Ord. #69-13; 1970 Code § 4-7.5; Ord. #93-15]
The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or have removed, any vehicle left at any place within the Borough, which reasonably appears to be in violation of this chapter or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with applicable statutes, i.e., N.J.S.A. 39:10A, et seq. The Chief of Police or any member of the Police Department acting for him shall notify the registered and legal owner in writing, by personal service or by certified mail, at the last known address of the owner, of the removal of such vehicle and the reason for the same and the location of the vehicle. Such vehicle shall be retained and impounded until the owner or his duly authorized agent shall have paid the cost of such taking and removal, together with a garage charge of $10 for each and every day such vehicle is retained and impounded.
[Ord. #79-2, § 1; 1970 Code § 4-12.1]
As used in this section:
MOTOR VEHICLE
Shall mean any motorized means of conveyance of persons or property including but not limited to those vehicles covered by N.J.S.A. 39:1-1 et seq., go-carts, motor bikes, minibikes, motor scooters, trail bikes, and other similar devices, regardless of the number of wheels thereon.
MOTORIZED BICYCLE
Shall mean a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc of that motor at no more than 1.5 brake horsepower and such bicycle is capable of a maximum speed of no more than 25 m.p.h. on a flat surface.
PUBLIC PLACE
Shall mean parks, playgrounds, and any open area of public resort or other lands owned either by the Borough or the Board of Education of the Borough.
[Ord. #79-2, § 2; 1970 Code § 4-12.2]
It shall be unlawful for any person to operate a motor vehicle or a motorized bicycle in or upon any public place in the Borough and on property designated subject to this section by the owner thereof as follows:
Lot
Block
4
2
1
3
3A
3
9
3
10
3
2
4
3
4
6
31
2A
37
2
38
8
39
8C
39
4
40
2
41
11
57
15
57
1
59
3
59
2
60
6
60
7
60
8
60
4
61
7
61
8
62
10
62
4
63
5
63
1
64
3
64
4
38
5A
38
6
38
7
38
4C
39
4 & 6C
39
5
39
6
39
6A
39
7
39
4
64
5
64
6
64
2
67
3
67
4
67
5
67
6
67
9
67
1
68
4
69
4
70
5B
70
8
70
11
70
2
71
3
71
2
72
1
76
2
62
The prohibition shall not apply to the operation of motor vehicles owned or operated by the Borough, its agents, servants or employees in the course of Borough business and shall further not apply to any motor vehicle licensed pursuant to the provisions of N.J.S.A. 39:1-1 et seq., in or upon any public parking place or driveway used in connection with any such public place.
[Ord. #79-2, § 3; 1970 Code § 4-12.3]
It is not intended hereby to establish any regulation or prohibition pertaining to the operation of motor vehicles or motorized bicycles in or upon any of the public roads, streets, or highways of the Borough which operation is regulated by N.J.S.A. 39:1-1 et seq.[1]
[1]
Editor's Note: For regulation of traffic upon streets, see Chapter 7, Traffic.
[Ord. #76-7, § 1; 1970 Code § 4-13.1]
It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned in the Borough after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway.
[Ord. #76-7, § 2; 1970 Code § 4-13.2]
Suitable signs not less than 18 inches by 24 inches, bearing the words "NO PARKING" together with such parking, if any, and conspicuously displayed shall be posted on such lands by the owner, occupant, lessee or licensee thereof where this section is effective. Defacing, tampering with or damaging such signs when posted shall constitute a violation of this section.
[Ord. #76-7, § 3; 1970 Code § 4-13.3]
Any person violating any of the provisions of this section shall be subject to a fine not exceeding $25 or imprisonment for a period not exceeding 15 days, or both, in the discretion of the Judge before whom such person shall be convicted.
[Ord. #76-2, § 1; Ord. #82-4, § 1; 1970 Code § 4-14.1]
As used in this section:
ALARM SYSTEM
Shall mean the combination of sensory apparatus and related hardware which, when activated by the appropriate stimulus produces a signal making known the existence of an emergency situation and requiring immediate investigation and response by law enforcement agencies.
FALSE ALARM
Shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of such alarm system or his family, employees or agents. False alarm shall not include alarms caused by hurricanes, tornadoes, earthquakes or other acts of God.
POLICE CHIEF
Shall mean the Moonachie Chief of Police.
POLICE DEPARTMENT
Shall mean the Moonachie Police Department.
[Ord. #76-2, § 2; Ord. #82-4, § 1; 1970 Code § 4-14.2; Ord. #87-7, §§ 1 & 2]
a. 
In the case of a false alarm any person having knowledge thereof shall immediately, by the swiftest means available, notify the Police Department of such false alarm.
b. 
The owner, operator, lessee or person or firm in charge of any alarm system which generates a false alarm shall be notified in writing by the Police Chief or his duly designated agent of the false alarm. Such written notice shall be sent by registered mail to the owner, operator, lessee or person or firm in charge of such alarm system.
c. 
After an owner, operator, lessee or person or firm receives two written notices of false alarms being generated by his alarm system during any calendar month, a complaint shall be issued for a violation of this section and, upon conviction or plea of guilty, he shall be punished by the imposition of a penalty in the amount of $100 for each subsequent false alarm generated by his alarm system during that calendar month.
d. 
Any penalty imposed by this section may be paid in the Violations Bureau of the Municipal Court and all penalties shall be payable to the Borough of Moonachie.
[Ord. #76-2, § 3; Ord. #77-5, § 1; Ord. #82-4, § 1; 1970 Code § 4-14.3]
The Police Department shall cause a summons to be served to the owner, operator, lessee or person or firm in charge of the alarm system within 30 days of the third and each additional false alarm.
[Ord. #76-2, § 4; Ord. #82-4, § 1; 1970 Code § 4-14.4]
Police officers responding to all false alarms shall file a written report indicating all pertinent information pertaining thereto and a finding as to whether such false alarm was caused by human carelessness, mechanical failure or by any other cause.
[Ord. #76-2, § 5; Ord. #82-4, § 1; 1970 Code § 4-14.5]
If a determination is made by the Police Department that the false alarm was caused by malfunction or mechanical failure of the equipment as opposed to human carelessness or other cause, written notice of such determination shall be hand delivered to the owner, operator, lessee or person or firm in charge of the alarm system within 30 days thereof, who shall cause the same to be repaired promptly thereafter.
[Ord. #76-2, § 6; Ord. #82-4, § 1; 1970 Code § 4-14.6]
In addition to the penalty payable under subsection 3-6.2, if three or more false alarms are caused by malfunction or mechanical failure of the alarm system, the Borough shall have the right to require the owner, operator, lessee or person or firm in charge of such alarm system to disconnect the same until such time as it has been repaired, and the Borough shall not be responsible during the period the same is disconnected for any losses incurred by the owner, operator, lessee or person or firm in charge of such alarm system.
[Ord. #76-2, § 7; Ord. #82-4, § 1; 1970 Code § 4-14.7]
Any owner, operator, lessee or person or firm in charge of such alarm system may present evidence that a false alarm was in fact not caused by human carelessness or negligence or mechanical failure or malfunction, and the Police Chief may act upon such evidence and determine that such was not in fact a false alarm but was caused by hurricane, tornado or other violent act of God.
[Ord. #74-7, § 1; 1970 Code § 4-9.1]
No person shall drink, imbibe or consume any alcoholic beverage in or upon:
a. 
A public street, sidewalk, public parking place, park, playground or recreational area, or any other public or quasi-public place.
b. 
A public conveyance.
c. 
A private motor vehicle while it is in motion or parked in any public street, public parking lot, or public or quasi-public place.
d. 
Any private property, not his own without the express permission of the owner or other person having authority to grant such permission.
A person who shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon private property not his own without the express permission of the owner shall be deemed a disorderly person.
[Ord. #74-7, §§ 2 & 3; 1970 Code § 4-9.2]
Notwithstanding the provisions contained in subsection 3-7.1, the Mayor and Council may, by further ordinance or resolution, permit the possession or consumption of alcoholic beverages in a designated park, playground or recreational area, or other public place at a designated time or times in connection with any purpose or events which have been authorized by the Mayor and Council.
Application for a permit to consume alcoholic beverages in a public park, playground, recreational area or other public place shall be made to the Police Department.
[Ord. #2008-6]
a. 
It shall be unlawful for any person to urinate and/or defecate in any public place or park in the Borough of Moonachie.
b. 
Any person who shall violate this section shall be fined not less than $200, may be imprisoned in the County jail for a period not to exceed 90 days. For a second offense $300 and may be imprisoned for 90 days and may be required to perform a minimum of 10 hours of community service.
[Ord. #86-16, § 1]
The Mayor and Council have determined that the smoking of tobacco in any form is harmful to the public health and welfare and constitutes a fire hazard and nuisance in public buildings and meeting rooms in the Borough on requiring the provision thereof.
[Ord. #86-16, § 2]
No person shall smoke or carry lighted cigar, cigarette, or pipe, or use any match, spark, flame or fire producing device for the purpose of igniting any cigar, cigarette or pipe, provided a "Smoking Prohibited by Law" sign has been posted conspicuously therein, in any of the following places:
a. 
During and within the confines of any public meeting required by law to be given public notice and held in any meeting room in the Municipal Building throughout the Borough.
b. 
Any room, chamber, or enclosed place of meeting or public assembly throughout the Borough wherein public business is being conducted and which is open to members of the general public either as participants or spectators.
[Ord. #2004-14, § 1]
a. 
Prohibition Applicable to Ballfield and Certain Parks. The Borough of Moonachie, in accordance with N.J.S.A. 40:48-1 and 40:48-2, deems it in the public interest to prohibit smoking, defined as the burning of lighted cigar, cigarette, or pipe, or any other matter or substance which contains tobacco, including smokeless and chewing tobacco in the following areas of the Borough:
1. 
All municipal baseball, soccer and softball fields located on Redneck Avenue.
2. 
The municipal parks located at Joseph Street, East Joseph Street, Concord Street and all baseball fields.
[Ord. #86-16, § 3; Ord. #2004-14, § 2]
Notice of the prohibitions contained in this section shall be conspicuously posted by signs stating "No Smoking Permitted Beyond This Point" and shall reference the applicable Code provision.
[Ord. #86-16, § 3; Ord. #2004-14, § 3]
Any person violating or failing to comply with any provisions of this section shall, upon conviction thereof for a first offense, be punishable by a fine of not more than $25; for a second offense within the same calendar year, be punishable by a fine of not more than $500, or by community service of not more than two days; for a third offense within the same calendar year, be punishable by a fine of not less than $100, or by community service of not less than five days or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.
[Ord. #2004-14, § 3]
The provision of this section shall be enforced by the Borough of Moonachie.
The Chief of Police is hereby directed to have proper signs calling attention to the provisions of this subsection erected or placed upon said street or park entrance.
[1]
Editor's Note: Section 3-9, Curfew for Minors was repealed in its entirety by Ordinance No. 2015-11.
[Ord. #126; Ord. #82-1; 1970 Code § 5-12.1]
The intent of this section is to encourage the safe and proper operation of bicycles on the streets of the Borough, particularly by children; to further the programs established by police, schools and civic groups to train children in the safe operation of bicycles, and to provide a means of identifying the owners of bicycles and violators of this section and other statutes and ordinances governing the operation of bicycles.
[1970 Code § 5-12.2]
As used in this section:
BICYCLE
Shall mean a two-wheeled vehicle propelled or intended to be propelled by the physical efforts of the person riding it.
[Ord. #126, § 1; Ord. #82-1; 1970 Code § 5-12.3]
No person residing within the Borough shall use or operate a bicycle within its limits unless it has been registered and bears a registration tag.
[Ord. #126, § 2; Ord. #82-1; 1970 Code § 5-12.4]
Application for the registration of a bicycle shall be made to the Police Department on a form approved by the Chief of Police, and shall contain the following information:
a. 
The name and address of the bicycle owner.
b. 
A description of the bicycle, including the name of the manufacturer and the serial number, if any.
c. 
Any other appropriate information which the Chief of Police may require.
[Ord. #126, § 2; Ord. #82-1; 1970 Code § 5-12.5; Ord. #89-14]
The license fee for a bicycle shall be paid at the time a registration card and tag are applied for:
1990
1991
1992
$0.50
$0.75
$1
[Ord. #126, § 4; Ord. #82-1; 1970 Code § 5-12.6]
Before a registration card and tag are issued, the bicycle shall be inspected by a member of the Police Department designated by the Police Chief. No registration shall be issued for a bicycle which is in a state of disrepair or which has any mechanical defect, or which would for any other reason be unsafe to operate. No registration shall be issued to any person who has not shown his ability to ride the bicycle safely.
[Ord. #126, §§ 4 & 6; Ord. #82-1; 1970 Code § 5-12.7]
Registration of a bicycle shall be evidenced by a registration card signed by the owner of the bicycle and by the Chief of Police, or some police officer designated by him, and by a metal tag. The registration card shall contain an assigned number, the name and address of the owner of the bicycle for which it is issued, and identification of the bicycle by make, model, color and serial number, if any. The metal tag shall contain the registration number. At the time of registration the Police Department shall give to each owner a printed copy of safety rules and regulations for the use of a bicycle and particularly those provided for in Title 39 of the Revised Statutes.
[Ord. #126, § 8; Ord. #82-1; 1970 Code § 5-12.8]
Registration shall be good for a period of one year except that all registrations shall expire on June 30 following issuance of the registration. For renewal of the registration, the bicycle shall again be inspected by a person designated by the Chief of Police.
[Ord. #126, § 3; Ord. #82-1; 1970 Code § 5-12.9]
Any person riding a registered bicycle shall keep the registration card in his possession and shall display it on the request of any police officer or other official who may properly request to see it. The metal tag shall be securely fastened to the bicycle for which it is issued in such a manner that it can be seen clearly from a distance of 10 feet.
[Ord. #126, § 7; Ord. #82-1; 1970 Code § 5-12.10]
No registration number shall be transferred from one person to another or from one bicycle to another unless reissued by the Police Department.
[Ord. #82-1; 1970 Code § 5-12.11]
Any person transferring possession of a bicycle to another within the Borough, whether by sale, gift or otherwise, shall report that fact to the Police Department within three business days after actual transfer.
[Ord. #82-1; 1970 Code § 5-12.12]
The report of transfer shall be made on forms furnished by the Police Department, and shall contain the following information:
a. 
The name and address of the person transferring the bicycle.
b. 
The name, address and age of the person to whom the bicycle was transferred.
c. 
A description of the bicycle, including its make, model, color and serial number, if any.
d. 
If the bicycle was previously registered, its registration number.
[Ord. #82-1; 1970 Code § 5-12.13]
When any bicycle which has previously been registered is transferred to another person, the person transferring it shall remove the metal registration tag from the bicycle and return it and the registration card to the Police Department within three days of the actual transfer.
[Ord. #82-1; 1970 Code § 5-12.14]
a. 
In General. All persons operating bicycles in the Borough shall conform to all applicable laws of the State of New Jersey and ordinances of the Borough, particularly those dealing with the regulation of traffic. Bicycle operators shall obey the same rules as drivers of motor vehicles unless inapplicable or inappropriate.
b. 
Single File. When two or more bicycles are being operated together, the operators shall ride in single file only.
c. 
Passengers. No person shall ride on any part of a bicycle not intended for use by a rider, nor shall more than one person ride on a bicycle unless it is designed to accommodate more than one rider or operator.
d. 
Unsafe Bicycle. No person shall operate a bicycle within the Borough while that bicycle is in a defective, unsafe or dangerous condition.
[Ord. #82-1; 1970 Code § 5-12.15]
Any police officer may inspect a bicycle at any time if he has reason to believe that it has not been validly registered, does not have its registration tag properly attached, or is not in a safe operating condition.
[Ord. #126, § 5; Ord. #82-1; 1970 Code § 5-12.16]
If a police officer determines that a bicycle is in so defective or unsafe a condition as to constitute a danger to the safety of the person operating it or to others, he may impound the bicycle immediately. A bicycle that has been impounded shall not be released until the owner has given satisfactory proof that the defects that led to the impounding will be corrected prior to the bicycle again being operated in the Borough and it shall not be returned except upon the payment of $1.
[Ord. #82-1; 1970 Code § 5-12.17]
Any person shall be guilty of a violation of this section who:
a. 
Fails to register a bicycle owned by him.
b. 
Fails to report the transfer of possession of a bicycle.
c. 
Knowingly operates or permits the operation of a bicycle owned by him which is unregistered or which is in a defective or unsafe condition.
[Ord. #82-1; 1970 Code § 5-12.18]
Where the alleged violation consists of the failure of any person to have in his possession a registration card, no person shall be convicted of a violation of this section if he produces a valid previously issued registration card within 48 hours of the time of the alleged offense.
[Ord. #82-1; 1970 Code § 5-12.19]
Any parent or guardian having custody of a minor child who knowingly permits that child to possess or operate a bicycle in violation of any provision of this section shall be guilty of a violation.
[Ord. #126, § 9; Ord. #82-1; 1970 Code § 5-12.20]
In addition to any other penalty which may be imposed by law for a violation of this section, the Police Chief, upon receiving information that any person under the age of 16 years has been accused of violating any provision of this section shall require that person to appear before him or his representative for a hearing. The accused person shall be notified of the time and place of the hearing, of the time and place of the alleged offense and of the general nature of the acts constituting the alleged offense. Notice shall be served on the accused person not less than five days before the date of the hearing and shall be in writing, but no special form shall be required. At the hearing the accused shall enjoy the same rights as a person charged before the Judge of the Municipal Court with a violation of the laws of the State of New Jersey or of the provisions of this Code dealing with the regulation of motor vehicle traffic. If the Police Chief is satisfied by clear and convincing evidence that the accused is guilty as charged, he may prohibit the accused from operating a bicycle for whatever period he deems just. Where the offender has been guilty of a flagrant or repeated violation of this section, he may permanently prohibit the offender from operating a bicycle within the Borough.
[Ord. #171, § 2; 1970 Code § 4-4.1]
No person shall discharge within the Borough any cannon, gun, pistol, revolver, firearm or bow and arrow in a careless, negligent or reckless manner, so as to endanger the life, welfare or property of others.
[Ord. #240, § 1; 1970 Code § 4-4.2]
No person shall at any time hunt, take, kill or pursue, or attempt to hunt, take, kill or pursue, with a gun, firearm, bow and arrow or other dangerous weapon of any kind or character, any wild birds, animals or fowl of any kind within the Borough.
[Ord. #92-16, § 1]
The Mayor and Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations, and utility work, above or below ground which require blocking the roadway and obstructing the normal flow of traffic; and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work forces performing these operations.
The Borough of Moonachie, in the County of Bergen, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter referred to as M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations, or utility work obstructs the normal flow of traffic. Any person, contractor, or utility, who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.
[Ord. #92-16, § 1]
It shall be the responsibility of the person, contractor, or public utility wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the Moonachie Police Department in order to arrange a pre-construction meeting in order to submit plans for the safe movement of traffic during such period of construction work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Traffic Bureau of the Moonachie Police Department is in violation of this section.
Public utilities conducting routine maintenance work expected to require less than one day need not comply with the pre-construction meeting requirements.
[Ord. #92-16, § 1]
Prior to the start of any work, the person, contractor, or utility shall provide the Traffic Bureau of the Moonachie Police Department with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site. If for any reason emergency contact cannot be reached, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor, or utility responsible for such condition.
[Ord. #92-16, § 1]
There shall be no construction, maintenance operations, or utility work on any roadway in the Borough before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic Bureau of the Moonachie Police Department. If it is determined by the officer in charge of the Police Traffic Bureau that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard the work shall then be permitted only between 9:00 a.m. to 4:00 p.m.
[Ord. #92-16, § 1]
Road closings and/or traffic detours shall not be permitted unless approved by the Moonachie Police Department Traffic Bureau.
[Ord. #92-16, § 1]
Traffic directors shall be posted at all construction or maintenance sites when determined by the Moonachie Police Department Traffic Bureau that same is necessary to provide for the safety and expeditious movement of traffic.
[Ord. #92-16, § 1]
The Traffic Bureau of the Moonachie Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
[Ord. #92-16, § 1]
In the case of emergency repair work where construction maintenance operations or emergency utility work must be performed that will obstruct, interfere or detour traffic or any roadway in the Borough, the person, contractor or utility performing such operation shall notify the Moonachie Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation.
All emergency construction and maintenance operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. During such emergency repair work the person, contractor or utility shall comply with the provisions of the M.U.T.C.D. while performing such emergency repair work.
[Ord. #92-16, § 1]
No materials, vehicles or equipment are to be placed in the roadway or sidewalk area until all construction, signs, lights, devices, and pavement markings are installed.
[Ord. #92-16, § 1]
Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof, be assessed a penalty in accordance with the provisions of Chapter 1 of this Code.
[Ord. #99-2; Ord. #00-11; Ord. #2002-7, § 1; Ord. #2004-3, § 1; Ord. #2007-9, § 1; Ord. #2009-13, § 1; Ord. No. 2010-10; Ord. #2013-3; Ord. #2013-4; Ord. No. 2016-4]
a. 
Police Services. Members of the Police Department shall be available for service as traffic directors or security personnel for private contractors only at such time as will not interfere with the efficient performance of regularly scheduled or emergency duties for the Borough and with the approval of the Chief of Police. The applications for such services shall be made in writing to the Chief of Police. The application by the private contractor shall set forth all relevant and pertinent information concerning the type of work to be engaged in, the name and address of the prospective private contractors and subcontractors and the estimated duration of such requested service. The application for such services shall be reviewed by the Chief of Police to determine if there is any reasonable probability that such outside employment will interfere with a policeman's performance or status with the Borough through a conflict of interest or if there is any reasonable probability that the particular service requested would reflect unfavorably upon the policemen involved or upon the Police Department. Request for Traffic Safety Officers should be made 24 hours prior to scheduled start time except for emergency.
b. 
Payment. Private contractors shall pay to the Treasurer of the Borough of Moonachie a certain amount in cash, check or money order as is set forth herein or as may be fixed from time to time by resolution of the Borough Council as compensation for such services.
1. 
Rate of Compensation to the Borough:
(a) 
The rate of compensation to the Borough for police officer wages shall be $125 per hour effective July 1, 2013.
(b) 
The rate of compensation for administrative and equipment services shall be $25 per hour effective July 1, 2013.
(c) 
A contract for such services shall be entered between the private contractors and the Police Department prior to beginning of work.
(d) 
Work scheduled between one and four hours shall equal a minimum of four hours rate of pay. Work between four and eight hours shall equal a minimum of eight hours rate of pay. Any services provided after eight hours shall be compensated at the hourly rate.
(e) 
Notice of cancellations made before four hours of the scheduled start time will incur no charge to the private contractors. Notice of cancellation made with less than four hours start time will incur a four hours charge per police officer. The fees for police vehicles will not be assessed in the event of a cancellation.
c. 
Payment for Private Vehicles. Private contractors shall pay to the Treasurer of the Borough of Moonachie a certain amount in cash, check or money order as is set forth herein or as may be fixed from time to time by resolution of the Borough Council as compensation for such services.
1. 
Rate of Compensation to the Borough:
(a) 
The rate of compensation to the Borough for Police Vehicle for an eight hour shift or less should be $100 per eight-hour day or less, effective August 1, 2013.
d. 
An escrow for the estimated cost of police services shall be submitted to the Treasurer of the Borough of Moonachie in accordance with the police services anticipated as identified in the application before any work on the proposed project shall begin.
e. 
In the event that the compensation for police service exceeds the escrow mentioned above, then the Police Chief shall prepare and submit an invoice to the Chief Financial Officer who in turn shall submit same to the private contractor, accounting for the total cost for such off-duty work supplied which amount shall be paid in full within 15 days of receipt by the private contractor.
[Ord. #97-6, § 1]
Towing services to be rendered by an independent contractor shall include but not be limited to the removal, and where needed, subsequent storage of motor vehicles classified on the attached Established Tow Rates Fee Schedule that are:
a. 
Abandoned;
b. 
Damaged;
c. 
Disabled;
d. 
In violation of provisions of N.J.S.A. Title 39, Motor Vehicle and Traffic Regulations;
e. 
To be impounded;
f. 
To be removed for any other reason at the direction of the Moonachie Police Department.
[Ord. #97-6, § 1]
BASIC TOWING SERVICE
Shall mean the removal and transportation of a vehicle from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incidental thereto.
DEBRIS
Shall mean fragmentation at the scene of a towing assignment; the removal of which will require no additional personnel nor specialized equipment and is exclusive of vehicle contents and/or cargo both of which will be classified as "spillage." Examples of debris will include but not be limited to: broken glass, vehicle parts and dirt.
EXTRA TOWING SERVICE
Shall mean and include recovery of a vehicle from a position:
1. 
Either partially or completely overturned;
2. 
Beyond the right-of-way or berm;
3. 
Impaled upon any other object within the right-of-way; and those towing situations where there exists a spillage of vehicle contents or cargo onto the travel portion of the roadway resulting in a protracted clean up operation utilizing either additional manpower or specialized equipment.
INSIDE STORAGE FACILITY
Shall mean a permanent structure, utilized as a vehicle storage facility that is completely indoors and protected from the elements, having one or more openings in the walls for storage and/or removal of vehicles. Each opening must be secured by a locking device.
MINOR SPILLAGE
Shall mean that which is able to be removed without the need for additional personnel and/or specialized equipment.
OUTSIDE STORAGE FACILITY
Shall mean a vehicle storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high.
SPILLAGE
Shall mean the release of vehicle cargo and/or contents at the scene of a towing assignment; the removal of which may require the use of extra personnel and/or specialized equipment and is exclusive of fragmentation previously defined as debris.
[Ord. #97-6, § 1]
As soon as reasonably possible in 1997 and then in subsequent years, between the 1st and 30th of November of each year, the Chief of Police of the Borough of Moonachie, who shall be the administrator of this Chapter and who is hereby authorized to adopt such rules for its administration and enforcement as he deems necessary, shall solicit and receive applications from persons, firms or corporations regularly engaged in the business of towing and storage of motor vehicles who or which prove to the reasonable satisfaction of the Chief to qualify in accordance with the terms contained hereafter. The said Chief of Police shall review all such applications as soon as possible this year and by the 15th day of December of each following year, and he shall compile a list in alphabetical order of all those persons, firms or corporations who or which qualify hereunder as approved towers for the following calendar year, and he shall place that list on file for inspection by the public in the office of the Borough Clerk. Any person, firm or corporation aggrieved by the action of the Chief may appeal his decision to the Mayor and Council at its next public meeting following receipt of notice of such action.
[Ord. #97-6, § 1]
The Chief of Police shall establish a procedure by which, when the services of an approved tower are required, only such approved tower as appearing on the list compiled as aforesaid and then in effect, shall be engaged in alphabetical order on a rotating basis, each such tower to serve exclusively for a seven day period beginning at 12:01 a.m. on the first day of that period. A record or log shall be kept by the Police Department indicating among other things the date and time on and at which said services were requested, the location and nature of the call, the response to such request and any complaints received in regard to the services rendered by the approved tower.
[Ord. #97-6, § 1]
In order to qualify as an approved tower, the person, firm or corporation applying to the Chief as aforesaid must present proof of its ability on its own, and not in conjunction with, in partnership with, in a joint venture with or in any such similar association with another person, firm or corporation, to comply with, and to continue hereafter during the term of its approval to comply with, the following terms and conditions of its approval.
a. 
Office; Length of Service; Reputation.
1. 
An approved tower must have its own principal place of business and general business offices for all business conducted on behalf of the Borough as provided hereunder within the Borough of Moonachie or within the border of any contiguous municipality. That office must be regularly manned every weekday, except holidays, for at least six hours between 7:00 a.m. and 6:00 p.m., must include the permanent storage of all of its records in respect to its towing business for the Borough, and must thereupon have a means by which its equipment can be directly summoned from the place where such equipment is stored. It must be the only place to which a person is required to report to retrieve a vehicle and to conduct all of his or her business in relation thereto. If the storage place where the vehicle being retrieved is located pursuant to 3-13.3f is not within 660 feet (1/8 mile) of the said office, or if the person retrieving the same is handicapped, or if the vehicle has a handicapped plate or certificate, then the automobile, if drivable, and if the person retrieving it requires, he or she shall be driven to the automobile, in either case without charge; when under these same circumstances except that the vehicle is not drivable, the person retrieving it shall be driven to it without charge or, if he or she requires, may have it towed to said office but only upon the payment of a reasonable charge in accordance with law for such towing and only upon his or her agreement to immediately remove that vehicle. Any office rented solely for the purpose of satisfying the requirement that it be located within the Borough of Moonachie or a contiguous municipality but not otherwise fully qualifying will not be approved.
2. 
An approved tower must itself, exclusive of any association with another, have been engaged in the business of towing and storing motor vehicles within this Borough or a contiguous municipality for a minimum of two years and must be of known good reputation in the field for a period of five years.
b. 
An approved tower must be available to provide service 24 hours per day, seven days per week.
c. 
The maximum response time from the issuance of a telephone notice at any time of the day or night until appearance on the scene at which the services are hereunder required shall be 15 minutes.
d. 
An approved tower must follow the lawful direction of the officers of the Police Department when acting hereunder.
e. 
An approved tower must store all towed vehicles in a safe manner so as to prevent any damage to such vehicles.
f. 
The place to be provided for storage of vehicles towed pursuant hereto shall accommodate at least 25 motor vehicles, shall be located either within the Borough or within one mile of the Borough limits or of a contiguous municipality, shall be enclosed by a fence of at least five feet in height which shall have gates that are locked when the storage area is not attended and shall be lighted at night. Such premises must be maintained in a manner to ensure an efficient operation and the safety of the vehicles towed and stored. The premises shall be subject to inspection at any reasonable time by the Police Chief of the Borough of Moonachie to determine that it satisfies these requirements. At no time shall there be permitted the parking or storage of vehicles other than upon the approved storage facility. An approved tower must submit proof of its ownership of or tenancy to the storage facility.
g. 
Wrecked vehicles shall not be stacked on top of one another, and only one level of storage shall be maintained.
h. 
An approved tower shall provide that persons retrieving vehicles shall be able to transact all business, including the pickup of the vehicles and payment of fees, at the same location; stored vehicles must be available for retrieval daily between 8:00 a.m. and 6:00 p.m. except Sundays and legal holidays.
i. 
The equipment which an approved tower must generally have available shall include at least the following:
1. 
Two small wreckers, one having dolly wheels.
2. 
One heavy-duty wrecker.
3. 
One flat bed.
j. 
The wrecker and/or tow trucks qualifying hereunder shall have a passenger seat to transport the driver of the vehicles to be towed, if necessary, at no additional cost to the vehicle owner.
k. 
Description of Equipment.
1. 
All tow trucks used in the performance of Borough towing assignments must meet the standards required by N.J.S.A. Title 39, Motor Vehicle and Traffic Regulations, and shall be subject to spot inspections before award and during the course of the contract by the Borough of Moonachie Police Department. The vendor represents that its trucks are in sound mechanical condition, properly equipped, and suitable for their intended use.
2. 
A description of the equipment which shall be employed must be furnished to and approved by the Chief of Police, together with the following:
(a) 
A true copy of the valid New Jersey Division of Motor Vehicles registration certificate for each vehicle.
(b) 
Proof of insurance for all equipment.
(c) 
Proof of New Jersey Division of Motor Vehicles permits for emergency lights in use on each motor vehicle.
(d) 
Proof of inspection from the New Jersey Division of Motor Vehicles on all gasoline powered motor vehicles and also all diesel powered motor vehicles under 10,000 pounds.
(e) 
The name of the towing business appearing on all motor vehicles.
3. 
In the event that any of the foregoing should change, the Chief of Police must be notified of such change within 24 hours thereof and must approve the same.
4. 
All of the equipment required hereunder to be generally available to the tower must be either owned by the tower or leased to the tower by a firm in the regular principal business of leasing such equipment to the subject tower and others but not leased to the tower by another towing firm not also fully qualified hereunder; equipment leased or otherwise made available to the tower through a partnership, joint venture or other association with a tower not otherwise fully qualified hereunder shall not qualify.
l. 
The Chief of Police must be provided with a list of the names and addresses of all employees who will be driving any of the subject towing equipment or handling any of the towed vehicles; they must have valid New Jersey driver's licenses for such purpose. If any such employee had been found to have been convicted of a crime, the approved tower shall be automatically disqualified.
m. 
An approved tower must furnish the Borough with proof of insurance covering it and the Borough and its employees and agents against any and all liability for personal injuries and property damage in the amount of $1,000,000 combined single limit; garage keepers liability insurance in an amount not less than $250,000 per location; garage liability in an amount not less than $1,000,000 combined single limit; loss by fire or theft in the amount of $250,000 on each motor vehicle and its contents during towage and any and all periods of storage; and workmen's compensation as required by law. All policies must be endorsed to show the Borough of Moonachie as an additional insured, and there must be provision made that the Borough be notified of any cancellations or amendments of coverage.
n. 
An approved tower must agree in writing that the services which it renders shall be rendered to the owner or operator of the subject motor vehicle and not to the Borough, it being specifically understood that the tower is not acting as an agent or employee of the Borough, that the tower accepts full responsibility for the services rendered and any damage that may result and that the tower holds the Borough harmless from any liability which may be claimed against it.
o. 
Upon notice to the approved tower that a motor vehicle has been impounded for a violation of law or ordinance or for the purpose of police investigation or upon other such notice from the Police Department, the approved tower shall not release such vehicle until it has received authorization from the Police Department to do so.
p. 
An approved tower shall be required to clean the area of the automobile accident to which it has been summoned of all debris that resulted from such accident as soon as reasonably possible thereafter.
q. 
An approved tower must comply with all laws, ordinances and regulations pertaining to the operation of its entire business, whether related to the towing and storage referred to herein or otherwise, and it must supply proof of the existence of any necessary licenses therefor.
r. 
A thorough record shall be made of any towing, storage and disposition of any vehicle towed and of any cleaning of the area of an automobile accident as referred to herein. Such records must be in the form and include all of the information as may be reasonably required by the Chief of Police. Such records must be kept upon the tower's business premises and be available for inspection by the appropriate officers of the Borough at any reasonable time. True copies of such records shall be provided to the Chief of Police at least monthly.
[Ord. #97-6, § 1]
The towing contractor will provide a receipt form with the following information contained therein:
a. 
Date and time of towing service.
b. 
Location of towing service.
c. 
Reason for towing service.
d. 
Destination of towed vehicle.
e. 
Registration plate number and state.
f. 
(VIN#) vehicle identification number.
g. 
Make, model and color of vehicle.
h. 
Name, address and telephone number of customer.
i. 
Cost of the towing fee.
j. 
Cost of the storage fee and breakdown of charges.
k. 
Extra fees with detailed explanation.
l. 
Release date and time.
[Ord. #97-6, § 1; Ord. #2011-5; Ord. #2018-7]
An approved tower may charge the owner or operator of a vehicle towed or stored in accordance herewith as follows:
a. 
The sum per motor vehicle to be charged for the respective services shall depend on equipment reasonably required to be used and shall not exceed the following:
1. 
Service Charges:
(a) 
Road service between 8:00 a.m. and 6:00 p.m. weekdays: $60.
(b) 
Road service at any other time: $60.
2. 
Towing Charges:
(a) 
Automobiles between 8:00 a.m. and 6:00 p.m. weekdays: $135.
(b) 
Automobiles, holidays, weekends and after hours: $135.
(c) 
Motorcycles or Motor Scooters: between 8:00 a.m. and 6:00 p.m. weekdays: $55.
(d) 
Motorcycles or Motor Scooters: holidays, weekends and after hours: $135.
(e) 
Wheel lift between 8:00 a.m. and 6:00 p.m. weekdays: $90.
(f) 
Wheel lift, holidays, weekends and after hours: $100.
(g) 
Flat bed between 8:00 a.m. and 6:00 p.m. weekdays: $95.
(h) 
Flat bed, holidays, weekends and after hours: $105.
(i) 
Dolly wheels: Cost of tow plus $55:
(j) 
Trucks, SUV and pickups under five tons GVW: $175.
(k) 
Trucks, buses, tractor trailers and other heavy equipment: over five tons GVW: $250 per hour (two hour minimum).
3. 
Winching:
(a) 
Light wrecker, one ton: Cost of tow plus $75.
(b) 
Heavy wrecker: Cost of tow plus $175 plus $50 per hour labor.
4. 
In case of a motor vehicle involved in an accident, the following additional service, if actually performed:
(a) 
Waiting time (after the first 15 minutes): $15 per 15 minute increment.
(b) 
Brush cleaning (sweep roadway): $30.
(c) 
Site cleanup (speedy dry): $20 per bag.
(d) 
Window wrap (collision wrap): $75.
(e) 
Tarping: $75.
(f) 
Transmission disconnect: $75.
(g) 
Special equipment (equipment other than the first tow truck, to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand):
(1) 
Labor: $75 per person.
(2) 
Equipment:
(i) 
Light duty: $100 per half hour.
(ii) 
Medium duty: $150 per half hour.
(iii) 
Heavy duty: $175 per half hour.
(iv) 
Rotator: $225 per half hour.
b. 
The fixed sum to be charged for each period of 24 hours for the storage of a motor vehicle towed upon notification by the Police Department as provided herein shall not exceed the following:
1. 
Storage fee after the first 24 hours:
(a) 
Outside storage: Police impounds and wrecked or disabled vehicles and motorcycles $45 per day.
(b) 
Outside storage: Trucks, buses and others in excess of five tons $65 per day.
(c) 
Outside storage: Trucks, buses and others in excess of 10 tons GVW $125 per day.
(d) 
Inside storage: Cars and motorcycles $60 per day.
(e) 
Inside Storage: Trucks, buses and others over five tons $100 per day.
(f) 
Inside Storage: Trucks, buses, and others over 10 tons $175 per day.
2. 
There shall be no yard fee.
(a) 
Vendor shall not add on additional fees for releasing a vehicle from storage. Preestablished storage rates are all inclusive and encompass any additional service necessary to make a vehicle ready for release to the customer.
c. 
All official towers shall be obligated to tow and to make roadside repairs to vehicles including all equipment owned by the Borough of Moonachie in the event that they become disabled, without any charge to the Borough.
[Ord. #97-6, § 1; Ord. #2015-5]
The Chief of Police of the Borough of Moonachie be and is hereby authorized to formulate, implement rules and regulations as may be necessary for the enforcement of this Chapter.
Notwithstanding the authorization of the Chief of Police, no ineligible period shall exceed one calendar year for a first violation of this Chapter and three years for a second violation with permanent ineligibility for any third violation.
In addition, any decision of ineligibility determination by the Chief of Police may be overridden by a majority vote of the Mayor and Council after careful consideration of the circumstances while not adversely affecting the applicant's right of appeal.
[Ord. #97-6, § 1]
The fee for a license pursuant to this Chapter is $500.
[Ord. #97-6, § 1]
There shall be no additional charges including but not limited to waiting time and cleanup costs. All towing service charges must be in full conformance with the fee schedule provided herein. Charges imposed without the specified receipt or for amounts other than provided in the fee schedule will be cause for immediate termination.
[Ord. #97-6, § 1]
Vendors shall make provision for and permit payment of towing related charges by major credit card and/or auto club membership such as AAA and MCA without minimum charge or service fee.
[Ord. #97-6, § 1]
Any ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
[Ord. #97-6, § 1]
If any section, clause, sentence or other part of this section or the application thereof to any person or circumstance shall for any reason be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this section.
[Ord. #97-6, § 1]
This section shall take effect immediately upon passage and publication as required by law.
[Ord. #97-10, § 1]
NON-PUBLIC PLACE
Shall mean any place that is not a public place including but not limited to one's house, auto (moving or stationary) or place of employment.
PUBLIC PLACE
Shall mean any building or enclosed structure open to the public, and any street, road, sidewalk, walkway, park or open space located within the Borough of Moonachie which is open to the public.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling, and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
[Ord. #97-10, § 2]
It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product in or on any public place or non-public place, or to possess in open view, an opened pack, opened carton, or other opened container holding a tobacco product in any public place or non-public place.
This section shall not apply to a minor smoking or using tobacco in a non-public place which constitutes the residence of the minor and his or her parent or parents or guardian.
[Ord. #97-10, § 3]
A violation by a minor of this section shall be enforced as follows:
a. 
First Offense.
1. 
A verbal warning will be given to the offender by the officer observing the violation. The officer will take the offender's name, age, address, telephone number, and name and address of parents or guardians. The information will be placed on a "Juvenile Record Card" maintained at the Department of Police, which said Card shall also contain the date and place of the offense.
b. 
Second Offense.
1. 
A verbal warning will be given to the offender by the officer observing the violation. The officer will take the offender's name, age, address, telephone number, name and address of parents or guardians. The information will be placed on a "Juvenile Record Card" maintained at the Department of Police, which said Card shall also contain the date and place of the offense.
2. 
Unless there are other violations outstanding, or the offender is uncooperative, he or she will not be taken to Police headquarters for a first violation. The information from the Juvenile Record Card will be transmitted to the Juvenile Unit where it will be filed and the parent or guardian of the child should be advised of the incident and the information contained on the Card.
c. 
Third Offense. The officer observing the violation will take the offender's name, age, address, telephone number, parents or guardian's name and address (the information will be placed on a "Juvenile Record Card"). The Card will also contain the date and place of the offense. The Juvenile Unit will arrange a "station house adjustment" with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the fourth phase of enforcement, and anti-tobacco use literature will be provided. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
The Juvenile Unit will take appropriate action, which will be a referral to a two hour education program currently conducted by the Valley Hospital Community Education Department. In the event that such program is not available, the Bureau will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
d. 
Fourth Offense. The officer observing the violation will take the offender's name, age, address, telephone number, parents or guardian's name and address (the information will be placed on a "Juvenile Record Card"). The Card will also contain the date and place of the offense. The Juvenile Unit will arrange a "station house adjustment" with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the fifth phase of enforcement, and anti-tobacco use literature will be provided.
The Juvenile Unit will take appropriate action, which will be referral to a six hour education program currently conducted by The Valley Hospital Community Education Department. In the event that such program is not available, the Bureau will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
The Juvenile Unit will assign 10 hours of community service to the offender.
e. 
Fifth Offense. The officer observing the violation will take the offender's name, age, address, telephone number, parents or guardian's name and address (the information will be placed on a "Juvenile Record Card"). The Card will also contain the date and place of the offense. The Juvenile Unit will arrange a "station house adjustment" with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the sixth phase of enforcement, and anti-tobacco use literature will be provided.
The Juvenile Unit will take appropriate action, which will be a referral to another six hour education program currently conducted by The Valley Hospital Community Education Department which fee shall be payable by the parents or guardian of the perpetrator. In the event that such program is not available, the Bureau will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
The Juvenile Unit will assign 20 hours of community service to the offender.
[Ord. #99-15, § I]
For the purpose of this section, "obscene material" means any description, narrative account, display or depiction of sexual activity of anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film which by means of posing, composition, format, or animated sensual details which:
a. 
Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals.
b. 
Lacks serious literary, artistic, political, or scientific value when taken as a whole.
c. 
Is part of a work, which to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
[Ord. #99-15, § II]
a. 
No person who operates a store, newsstand, booth, concession, or similar business with unimpeded access for persons under 18 years of age or who is in business of making sales of periodicals or other publications at retail containing pictures, drawings, or photographs, shall display or permit to be displayed at his business premises any obscene material at a height of less than five feet and without a blinder or other covering placed or printed on the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display.
b. 
No person under the age of 18 shall be sold, shown, or rented any such x-rated or sexually explicit books, magazines, films and videos.
c. 
No employee under the age of 18 shall be permitted to handle transactions in which x-rated or sexually explicit books, magazines, films and videos are displayed, shown, sold or rented to any person.
d. 
It shall be unlawful to sell or rent or display for sale or rent any films and videos which are x-rated or which are sexually explicit, unless the following requirements are met:
1. 
Such films and videos and/or the display covers containing pictures or descriptions of said films and videos shall be segregated in a separate room, surrounded by solid walls. The doors of said room shall be of a solid, non-transparent material and shall have posted thereon the following words in clear block letters of not less than two inches each:
ADULT ONLY
NO ONE ADMITTED
UNDER 18 YEARS OF AGE
2. 
The said door shall be kept closed except when used for ingress and egress. The door shall be clearly visible to the store cashier at all times. The walls of the room shall extend from the floor to a height of not less than eight feet unless the ceiling shall be less than nine feet, in which case the walls shall extend from the floor to a distance of not less than one foot from the ceiling.
e. 
The operator of said business shall be responsible for prohibiting minors from entering said room and that said room is adequately secured from casual observation by minors and the general public.
f. 
The provisions of this section shall apply irrespective of the total volume of percentage of the business at the premises which such sales or rental or videos shall constitute.
[Ord. #99-15 § III]
Any person who violates the provisions of this section shall be charged with a petty disorderly offense.