Editor's Note: The general power to adopt local police
ordinances of all kinds is contained in R.S. 40:48-1, 2.
[Ord. #165, § 1; Ord. #168, § 3; 1970
Code § 4-3.1]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
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.
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.
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.
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.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM WATER
Definitions.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
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.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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.
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.
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 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.
[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:
Shall mean any real property within the Borough which is
not a 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.
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:
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.
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.
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]
[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:
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.
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.
Shall mean the Moonachie Chief of Police.
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:
[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.
[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:
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:
[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:
[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.
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:
[Ord. #97-6, § 1]
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.
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.
Shall mean and include recovery of a vehicle from a position:
Either partially or completely overturned;
Beyond the right-of-way or berm;
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.
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.
Shall mean that which is able to be removed without the need
for additional personnel and/or specialized equipment.
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.
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.
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; amended 9-24-2020 by Ord. No. 2020-4]
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:
3.
Recovery/winching (in addition to towing-per truck including driver):
(a)
Light/medium duty (10,000-16,000 lbs.): $175 per 1/2 hour.
(b)
Heavy duty (16,001 and above): $600 per hour.
(c)
Rotator/crane recovery unit: $1,200 per hour.
(d)
Tractor with landoll trailer or detach trailer: $450 per hour.
(e)
Tractor/transport hauler only: $250 per hour.
(f)
Refrigerator trailer w/tractor: $450 per hour.
(g)
Box trailer w/tractor: $400 per hour.
(h)
Air cushion unit: $1,000 per hour.
(i)
Light tower: $250 per hour.
(j)
Pallet jack: $200.
(k)
Rollers: $200.
(l)
Any other specialized equipment: $250 per hour.
(m)
Loader/backhoe/telescopic handler/bulldozer/bobcat: $300 per
hour each.
(n)
Forklift: $300 per hour.
(o)
Dump truck/dump trailer w/tractor: $350 per hour.
(p)
Roll-off with container: $350 per hour + disposal.
(q)
Recovery supervisor vehicle: $150 per hour.
(r)
Scene safety equipment, communications, traffic management,
etc: $250 per hour each.
(s)
Recovery support vehicle/trailer, add'l recovery equipment:
$350 per hour.
4.
Storage of vehicles per calendar day (inside rates 2X outside rate):
(a)
Cars/light trucks-10 feet by 20 feet space: $45 per day.
(b)
Trucks (duel wheels) single axle: $90 per day.
(c)
Tractor/dump truck/tractor and trailer combo/trailers: $125
per unit per day.
(d)
Buses: $150 per day.
(e)
Roll-off: $125 per day each.
(f)
Cargo/accident debris/load storage/vehicle components: $45 per
space used per day.
(g)
Rental of any tow company supplied trailer post incident: $500
per day.
5.
Mileage fees:
There shall be no mileage fees for medium duty and heavy duty
vehicles charges to an owner or driver for any mileage with the borders
of the Borough of Moonachie or for any mileage fees within the borders
of the Borough to the tow operator's facility. Mileage fees are
permitted for light duty vehicles at the rate of $6 per loaded miles
within the Borough or to the tow operator's facility. Alternate
destination tows will be negotiated between the towing company and
the owner or driver.
Fees for towing vehicles into or out of the Borough of Moonachie
must be agreed upon by the owner of any such vehicle, in writing,
prior to the vehicle being towed. The owner or operator of a vehicle
shall have the right to select a tower of his or her choice, including
towers with a place of business outside of the Borough, provided that
such disabled vehicle is not then interfering with the vehicular or
pedestrian flow of traffic and that the location of such vehicles
does not present a danger to vehicular or pedestrian traffic.
6.
Additional services:
(a)
Accident minor clean-up and disposal of debris: $75 per hour
(one hour minimum) plus absorbent material used.
(b)
Recovery supervisor and/or Level III Specialist: $225 per hour.
(c)
Certified towing operator: $125 per hour per man.
(d)
Manual laborers: $100 per hour per man.
(e)
Fuel/hazmat/spills clean-up and disposal: Time and material.
(f)
Hazmat and trash recovery: Surcharged 10%.
(g)
Subcontractor markup: 10%.
(h)
Administrative charge (only after 3rd visit to vehicle): Cars
only $50.
(i)
Administrative charge (medium/heavy trucks): $200.
(j)
After our release: $75.
(k)
Notification documentation fee: $50.
(l)
Tarping/wrapping vehicles: $90/car and $250/truck.
(m)
Go Jacks/skates: $40.
(n)
All official towers shall be obligated to tow and to make roadside
service 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.
b.
Anything not covered on this rate list: The usual and customary fee
should apply.
[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]
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.
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.
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.
