Township of Tabernacle, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 1981-13.
[Ord. #2005-13, § I]
The purpose of this section to establish requirements to control littering in Tabernacle Township so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #2005-13, S II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word " shall" is always mandatory and not merely directory.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. #2005-13, § III]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. #05-13,§ IV]
This section shall be enforced by the New Jersey State Police, New Jersey Forest Range or Code Enforcement Officer of Tabernacle Township.
[Ord. #2005-13, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,700.
[Ord. #1986-7, § 1]
This section shall apply to the control of noise originating from sources within the limits of the Township of Tabernacle.
[Ord. #1986-7, § 2]
As used in this section:
COMMERCIAL PROPERTY.
Any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:
a. 
Commercial dining;
b. 
Off-road vehicle operations, such as repair, maintenance and terminalling;
c. 
Retail services;
d. 
Wholesale services;
e. 
Banking and office activities;
f. 
Recreation and entertainment;
g. 
Community services;
h. 
Public services;
i. 
Other commercial activities.
CONSTRUCTION
Shall mean any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures.
DB(A)
Shall mean the abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of a sound-level meter.
DECIBEL (DB)
Shall mean the practical unit of measurement for sound-pressure level; the number of " decibels" of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated dB.
DEMOLITION
Shall mean any dismantling, intentional destruction or removal of buildings or structures.
INDUSTRIAL PROPERTY
Shall mean any facility or property used for activities involving the production or fabrication of goods, including but not limited to:
a. 
Storage, warehouse or distribution.
b. 
Other activities carried out on the property.
INTERESTED PERSON
Shall mean any person affected by unnecessary noise.
MOTOR VEHICLE
Shall mean any vehicle which is propelled or drawn on land by an engine or motor.
NOISE
Shall mean any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or that would unreasonably interfere with the enjoyment of life and property.
NOISE CONTROL OFFICER
Shall mean the Health Officer of the Township is hereby designated the Noise Control Officer and is empowered to enforce the provisions of this section.
PERSON
Shall mean any corporation, company, association, society, firm, partnership and joint-stock company, as well as individuals, and shall also include the State and all its political subdivisions and any agencies or instrumentalities thereof.
PUBLIC RIGHT-OF-WAY
Shall mean any street, avenue, boulevard, road, highway, sidewalk or alley or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Shall mean any real property or structure thereon that is owned or controlled by a governmental entity.
REAL PROPERTY LINE
Shall mean the imaginary line, including its planar extension, that separates one parcel of real property from another.
RESIDENTIAL PROPERTY
Shall mean any property zoned to permit human habitation.
SOUND LEVEL
Shall mean the sound-pressure level measured in decibels with a sound-level meter set for A-weighting; sound level is expressed in dB(A).
SOUND-LEVEL METER
Shall mean an instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B.
SOUND-PRESSURE LEVEL
Shall mean the level of a sound measured in decibel units with a sound-level meter which has a uniform response over the band of frequencies measured.
WEEKDAY
Shall mean any day, Monday through Friday, which is not a legal holiday.
[Ord. #1986-7, § 3]
a. 
The provisions of this section shall be administered by the Noise Control Officer.
b. 
In order to implement and enforce this Chapter and in order for the general purpose of sound abatement and control, the Noise Control Officer shall have, in addition to his enforcement power, the power to:
1. 
Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable.
2. 
Review the actions of other municipal departments and advise such departments of the effect, if any, of such actions on noise control.
3. 
Review public and private projects, subject to mandatory review or approval by other departments, for compliance with this section.
c. 
A person shall be considered qualified to be a Noise Control Officer if the person has satisfactorily completed any of the following:
1. 
Community Noise. A short course offered by the Department of Environmental Science of Cook College, Rutgers, the State University,
2. 
A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control, to its employees; or
3. 
Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of paragraphs c 1 or 2 above.
d. 
Noise measurements made by the Noise Control Officer must be taken according to procedures specified by N.J.A.C. 7:29B.
[Ord. #1986-7, § 4]
a. 
All departments and agencies of the Township shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy of this section and shall cooperate with the Noise Control Officer in the implementation and enforcement of this section.
b. 
All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the Noise Control Officer prior to the approval of such projects to ensure that such activities comply with the provisions of this section.
[Ord. #1986-7, § 5]
a. 
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property in such a manner as to create a sound level that exceeds the particular sound-level limits set forth in Table I when measured at the real property line of the receiving property in dB(A):
Table I is included as an attachment to this chapter.
b. 
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category or property in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table II when measured in the interior of any building or structure located on the receiving property in dB(A):
Table II is included as an attachment to this chapter.
c. 
Noise in excess of the above decibel standards shall be presumed to violate this section. However, any noise which is of such character, intensity and duration as to be detrimental to life, health or welfare of any individual or which annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual shall also violate this section, even if it is not in excess of the standards above.
d. 
The following are exempt from these provisions:
1. 
Noise caused by farm equipment and activities.
2. 
Domestic power tools and lawn mowers when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays.
3. 
Sound from church bells and church chimes.
4. 
Noise from construction activity, except as provided in subsection 3-2.6.
[Ord. #1986-7, § 6]
No person shall cause, suffer, allow or permit to be made, verbally or mechanically, any unnecessary noise. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section. No person shall cause, suffer, allow or permit the following acts:
a. 
Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create:
1. 
Unnecessary noise at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, so as to exceed the limits set forth in Table I.
2. 
Unnecessary noise for any person other than the operation of the device.
3. 
A sound level across a real property line so as to exceed the limits set forth in Table I, or through partitions common to two or more persons within a building, that exceed any applicable limits set forth in Table II.
b. 
Loudspeakers/Public Address Systems. Using or operating any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day such that the sound therefrom can be clearly heard across a residential real property line or exceeds any applicable limit specified in Table I.
c. 
Street Sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area.
d. 
Animals and Birds. Owning, possessing or harboring of any animal or bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. For the purpose of this section, noise and disturbance for a barking dog may be defined as that created by a dog barking continuously or intermittently for 30 minutes in any 24 hour period, unless such continuous or intermittent barking is caused by an intruder.
e. 
Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans or similar objects:
1. 
Between the hours of 10:00 p.m. and 7:00 a.m. the following day, in such manner as to exceed any applicable limit set forth in Table I, across a residential real property line.
2. 
By persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 8:00 p.m. and 6:00 a.m. the following day on weekdays, and between the hours of 8:00 p.m. and 7:00 a.m. the following day on weekends and holidays, except by permit.
f. 
Motor Vehicle Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle or motorboat in such a manner as to exceed any applicable limit in Table I across a residential real property line.
g. 
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays, or at any time on weekends or legal holidays, except for emergency work or action, by special variance issued pursuant to subsection 3-2.7, when the sound level does not exceed any applicable limit specified in Table I.
h. 
Places of Public Entertainment; Amusement Games. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound in any place of public entertainment or where amusement games are located or at any other location, so as to exceed any applicable limits specified in Table I or Table II.
i. 
Stationary Emergency Signaling Devices. Causing noise from stationary emergency signaling devices that is not in accordance with the provisions of N.J.A.C. 7:29-112, which provisions are incorporated herein by reference.
j. 
Domestic Power Tools. Operating or permitting operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 8:00 a.m. on weekends and legal holidays, so as to exceed any applicable limit specified in Table I, across a residential real property line.
k. 
Burglar Alarms. Sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm shall terminate its operation within 15 minutes of it being activated.
l. 
Refuse Compacting Vehicles. The operating or permitting to be operated of any motor vehicle that can compact refuse, between the hours of 6:00 p.m. and 6:00 a.m. the following day in residential areas.
m. 
Air-conditioning and Air-handling Devices. The operation of air-conditioning or air-handling devices, including heat pumps that produce a sound level greater than 50 dB(A)'s at a real property line of a residential property.
[1]
Tables I and II, referred to herein, are included as attachments to this chapter.
[Ord. #1986-7, § 7]
a. 
The provisions of this Chapter shall not apply to:
1. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
2. 
The emission of sound in the performance of emergency work or action, or
3. 
The emission of sound in the performance of farming activities or farm-related activities.
b. 
The Noise Control Officer shall have the authority to grant special variances where special circumstances exist and where an applicant can establish practical difficulties and undue hardship in complying with the provisions of this section.
c. 
The Noise Control Officer shall establish regulations governing exceptions, variances and appeals; such regulations shall be subject to the approval of the Township Committee prior to promulgation thereof.
d. 
The Noise Control Officer shall not enforce any noise regulations within the jurisdiction of the Occupational Safety and Health Act.
[Ord. #1986-7, § 8]
a. 
Violations of any provision of this section shall be cause for a notice of violation to be issued by the Noise Control Officer. Such notice of violation shall be issued upon the sworn complaint of any interested person.
b. 
Abatement orders.
1. 
Except as provided in paragraph b 2 of this subsection, in lieu of issuing a notice of violation as provided in paragraph a, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
2. 
An abatement order shall not be issued when the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.
c. 
Penalties.
1. 
Any person who violates any provision of this section shall be subject to a fine for each offense of not more than $1,000.
2. 
If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
d. 
Other remedies. No provision of this Chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this section or from other law.
[Ord. #1977-16, § 1]
No person shall consume any alcoholic beverages on any public street, thoroughfare, park, square, parking lot or other outdoor public place or area in the Township of Tabernacle, whether on foot or in a vehicle.
[Ord. #1977-16, § 2]
The Township Committee, in connection with public celebrations or similar special events, may, by written permit except from the provisions of this section the consumption of alcoholic beverages in a public park, square, parking lot or other public place or area or portion thereof, in such permit specified and on a date and between hours therein specified and subject to conditions designed to prevent any abuse or disorder resulting therefrom.
[Ord. #1977-16, § 3; Ord. No. 1998-9]
Any person violating any provision of this section shall upon conviction thereof be punished by a penalty as stated in Chapter 1, Section 1-5.
[1]
Editor's Note: See also Section 3-8 regulating the operation of unlicensed motor driven vehicles.
[Ord. #1974-5, Preamble]
The operation of unregistered mini-bikes, including trail bikes, motorcycles, go-carts and the like as well as ones duly registered with the State of New Jersey, as herein defined, upon private property without the permission of the landowner has become increasingly prevalent, constituting an impermissible trespass difficult to prosecute because of difficulty of identification of the vehicle and operator, and such operation, whether with or without the permission of the landowner, and whether registered or unregistered, in an unregulated manner and at unregulated hours constitutes a nuisance and danger to the health, safety and welfare of the public.
[Ord. #1974-5, § 1; Ord. No. 1998-9]
As used in this Chapter:
MINIBIKE
Means and shall include not only those motor propelled vehicles commonly known as mini-bikes, trail bikes, motorcycles, go-carts or motor propelled scooters but shall include all motor propelled vehicles of the foregoing type with a seat or saddle for the use of a rider and designed to travel on any number of wheels in contact with the ground or pavement and shall be limited to such vehicles as are not currently licensed for use on the public streets, roads or highways by the State of New Jersey, and have the registration plate displayed on the vehicle under the provisions of Title 39 of the Revised Statutes " Motor Vehicles and Traffic Regulation", except that, with the exception of registering hereunder, it shall include the latter when used or ridden on private property or other places not regulated by said Act. Minibike shall also include an " all terrain vehicle" as defined in N.J.S.A. 39:3C-1 as a motor vehicle designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
[Ord. #1974-5, § 2]
No one shall operate a mini-bike on any lands, public or private within the Township without first having caused the same to be registered in accordance with the provisions hereof, unless correctly registered with the State of New Jersey under provisions of the Motor Vehicle Act.
[1]
Editor's Note: For registration fee see Schedule B which may be found in Appendix A located at the rear of this Code.
[Ord. #1974-5, § 3]
Mini-bikes shall be registered by the owner with the Township Clerk on forms provided by the Township Clerk. The following information shall be included:
a. 
The name of the owner;
b. 
The owner's address;
c. 
A description of the mini-bike to identify it, including its serial number, if any; and
d. 
Payment to the Township Clerk of such reasonable fee as shall be fixed by the Township Committee by resolution sufficient to cover the cost of printing said applications and the cost of the registration tag number hereinafter referred to.
Such registration forms shall establish the Township Clerk as attorney-in-fact of the owner, upon whom all original process in any action or legal proceeding against him caused by operation of the mini-bike in this Township may be served. Upon receipt of any such process, the Clerk shall transmit the same to the owner at the address shown on the registration form.
[Ord. #1974-5, § 4]
In those cases where the owner of the mini-bike is a minor, the registration application shall also be signed by his parent or person standing in loco parentis who shall thereupon be subject to all the provisions of this section as fully as if he or she was the owner of the mini-bike.
[Ord. #1974-5, § 5]
Upon filing such an application and payment of the requisite fee, the Township Clerk shall issue a registration tag made of durable substance and containing the name of the Township and the words "registered mini-bike." Such registration tags shall be numbered in consecutive number of their issuance. The Clerk shall note the number assigned on the application. The registration tag shall bear the number assigned in numerals at least three inches in height.
[Ord. #1974-5, § 5a]
Upon application, a one day permit may be issued to any organization to permit a mini-bike rally, race or other event to be held on private lands for which the organization has written permission. Such permission, if in the possession of an organization official shall be deemed to constitute compliance by all participants with the provisions of subsection 3-4.12, on the day the rally, race or other event is held and on the lands covered by the written permission.
[Ord. #1974-5, § 6]
No person shall operate a mini-bike in the Township unless such registration tag is firmly affixed to the rear thereof in a stationary position and kept in such condition so that the numerals shall be clearly visible and facing outwards. Such numerals shall be illuminated after dark.
[Ord. #1974-5, § 7]
No person shall operate a mini-bike in this Township unless the registration tag displayed thereon is the registration tag issued to such mini-bike.
[Ord. #1974-5, § 8]
No person shall transfer or display on a mini-bike any facsimile of the registration tag or any registration tag issued for any other mini-bike.
[Ord. #1974-5, § 9]
Such registration tags need not be renewed but in the event of the change of address, the owner shall promptly notify the Township Clerk in writing.
[Ord. #1974-5, § 10]
No person shall operate a mini-bike, whether registered under this section or not registered, on any lands, lanes, private roads or private thoroughfares or other private property within this Township without the written consent of the owner thereof or the person having control over such place where operated, which consent shall be in the operator's personal possession.
[Ord. #1974-5, § 11]
No person shall operate a mini-bike on any street, road, public place or other public property in the Township without the approval of the public body having jurisdiction over the property, in cases where such approval may be given without violation of the Motor Vehicle Act.
[Ord. #1974-5, § 12]
The owner of any mini-bike, including the parents or person standing in loco parentis, who has signed the application for a minor owner shall be responsible for any violation of this section, whether by the owner or by the operator of any mini-bike.
[Ord. #1974-5, § 13; Ord. No. 1998-9]
No person shall operate a mini-bike on any public or private property in a careless manner or so as to endanger any person or property or so as to disturb the peace and quiet.
A person under the age of 14 years shall not operate or be permitted to operate any all-terrain vehicle on public lands or waters or across a public highway.
A person less than 16 years of age shall not operate an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters. Additionally, a person less than 18 years of age shall not operate an all-terrain vehicle registered in the State of New Jersey on public lands or waters or across a public highway of the State unless the person has completed an all-terrain vehicle safety education and training course established or certified by the Director of the Division of the Division of Motor Vehicles. Said person shall have in his possession a certificate indicating successful completion of the course at all times when the person is operating said vehicle.
[Ord. #1974-5, § 14]
Nothing in this section shall be construed so as to conflict with the Motor Vehicle Act to prevent the operation of such vehicles duly licensed by the State of New Jersey on the public thoroughfares of the State in the manner and times permitted by reason of the Motor Vehicle Act but nothing herein shall be construed so as to permit the operation of such vehicle on private lands without the permission of the owner or lawful occupant thereof other than in the manner and at the times in this section provided.
[Ord. #1974-5, § 15]
Any license or registration issued hereunder may be revoked or suspended by the Township Committee for violation of any provision of this section after written notice to the licensee and an opportunity to be heard thereon.
[Ord. #1974-5, § 16; Ord. No. 1998-9]
Any person violating any provision of this section shall, upon conviction thereof, be subject to a fine of no less than $100 or more than $200. For a second or subsequent violation of any provision of this section, a fine of not less than $200 or more than $500 shall be imposed.
[Ord. #1968-7, § 1; Ord. No. 1998-9]
a. 
It shall be unlawful for any minor under the age of 18 years to be abroad upon, loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places within the Township between the hours of 10:00 p.m. and 6:00 a.m. of the following day, provided, however that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed or consented to by his or her parent, guardian or other adult person having care and custody of the minor and has in his possession a pass issued by the police authority or any member of the Township Committee upon application of the parent, guardian or other adult person, or in the event of an emergency precluding application for a pass, a note signed by them stating the date, time and emergency and name of the minor.
b. 
Each violation of the provisions of this subsection shall constitute a separate offense.
[Ord. #1968-7, § 2]
a. 
It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit such minor to be abroad upon, loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 10:00 p.m. and 6:00 a.m. of the following day. Provided, however, that the provisions of this subsection do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor and has a pass or note as hereinabove provided.
b. 
Each violation of the provisions of this subsection shall constitute a separate offense.
[Ord. #1968-7, § 3; Ord. No. 1998-9]
The police authority of the Township, or any other duly authorized or constituted person finding any such minor under the age of 18 years upon any of the streets or other public places enumerated above during the prohibited hours shall take the name and address of such minor and the name and address of the parent, guardian or other person having the legal care or custody of such minor and shall immediately escort such minor to his home and report the name of the minor and of his parents, guardian or other person having the legal care or custody to the police authority who shall forthwith cause a complaint to be signed for the violation of this section in those cases where it reasonably appears to him from the facts that a violation has occurred.
[Ord. #1968-7, § 4; Ord. No. 1998-9]
Any person violating any provision of this section shall be subject to a penalty as stated in Chapter 1, Section 1-5.
[Ord. #1988-8, § 1; Ord. #1988-12, § 1]
The following terms, phrases and words used in and for the purpose of this section shall be deemed to have the following meanings:
a. 
ABANDONED OR ABANDONED VEHICLE - Shall mean and include any motor vehicle, omnibus, road tractor, truck, truck trailer or other vehicle which:
1. 
Is parked without the current year's registration or identification markers as required by law, or has been on private land for a period of 10 days, abandoned or stored out-of-doors, or is unfit without rebuilding or reconditioning, for uses in highway transportation, or which has been discarded for use as a motor vehicle; or
2. 
Has been continuously parked in any public street or on any public land for a period of 10 days; and
(a) 
Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it shall not obstruct traffic; or
(b) 
Is found to be mechanically inoperative and is allowed to remain inoperative for a period of 10 days (said period of time may be extended for good cause, by the State Police or Zoning Officer).
b. 
JUNK AUTOMOBILES; JUNK AUTOMOBILE BODIES - Shall mean any automobile which is incapable of being operated safely on a public street; or, has been removed from use as a motor vehicle by the owner; or, is wholly unfit for rebuilding or reconditioning for safe use in highway transportation except at a cost in excess of the value thereof when it has been rebuilt or reconditioned.
c. 
MOTOR VEHICLE - Shall mean any motor vehicle, omnibus, road tractor, trailer, truck, truck tractor or other vehicle and shall have the meaning as described to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
d. 
PERSON - Shall mean any individual, firm, partnership or corporation being the owner or having any legal right in or to the motor vehicle or other vehicle as herein defined.
e. 
PLACE OF STORAGE - Shall mean and refer to a junkyard or other approved storage area, but any such junkyard or other storage area is subject to any and all provisions contained in this Ordinance, specifically subsection 3-6.26 hereof, and any and all other ordinances of the Township of Tabernacle.
f. 
ZONING OFFICER - Shall mean the Zoning Officer of the Township of Tabernacle duly appointed by the Township Committee of the Township of Tabernacle.
[Ord. #1988-8, § 2; Ord. #1988-12, § 2]
a. 
Abandonment Prohibited. It shall be unlawful for any person to abandon or suffer or permit the abandonment of any motor vehicle, junk automobile or junk automobile body, out of doors upon any public or private lands in the Township of Tabernacle or any public street or between the right-of-way side lines of any public right-of-way therein.
b. 
Storage Prohibited. No person shall place, keep or store more than two junk automobiles or junk automobile bodies, as heretofore defined in this section, on any public or private property within the Township of Tabernacle except when such vehicles are being maintained therein in conjunction with a lawful commercial activity or are located on lands which are part of lands being used for agricultural purposes.
No junk automobile or junk automobile body permitted hereby shall be placed, kept or stored in front of the main building setback line of the property.
c. 
Presumption. If any junk automobile or junk automobile body shall be abandoned on private lands for 30 days or more, it shall be presumed that the owner or tenant in possession of said land has abandoned it there or permitted or suffered it to be abandoned there.
d. 
Exclusion. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any junk automobile or junk automobile body in an enclosed garage, barn or other building, or in an approved place of storage or on the property under a suitable car cover so as to be screened from view.
[Ord. #1988-8, § 3; Ord. #1988-12, § 3]
a. 
Removing Vehicles. Whenever the Zoning Officer finds any junk automobiles or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this section, the Zoning Officer shall take action in accordance with the procedures hereinafter set forth:
1. 
Private Lands.
(a) 
Whenever any junk automobile or junk automobile body is found on any private land in violation of the provisions of this section; or, if probable cause exists that a violation of this section exists, then the Zoning Officer shall cause the owner of the junk automobile or junk automobile body, if he can be found, or the owner or tenant of the private lands upon which the violation is occurring to be given 10 days' written notice that said violation exists; said notice shall be given by certified mail, sent to the last known address of the owner of the junk automobile or junk automobile body and/or the owner or the tenant of the property. The notice shall: (1) identify the vehicle or vehicles; (2) require removal of the vehicle within 10 days; (3) inform the recipient that a request for a hearing may be made within the 10 day period.
(b) 
A public hearing prior to the removal of the vehicle is to be held before the Tabernacle Township Committee, or the Committee's designee, when such a hearing is requested by the recipient of the aforementioned notice, within 10 days after service of the notice. Upon determination that the owner of the vehicle is in violation of this section, a complaint shall be filed in Municipal Court.
[Ord. #1988-8, § 4; Ord. #1988-12, § 4; Ord. No. 1998-9]
a. 
Any person who violates any provision of this section shall, upon conviction, be punished by a fine as stated in Chapter 1, Section 1-5.
b. 
A continuance of a violation or a noncompliance with the provisions of this section shall be deemed a nuisance, and the Mayor and Township Committee shall have the right to apply to the courts of this State for injunctive relief or other relief in addition to the penalties provided for herein.
[Ord. #2000-5, § 1]
[Ord. #1988-11, § 1]
In accordance with and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7), the Drug-Free School Zone Map produced on or about November 2, 1987, by Mr. Raymond Worrell of Lord, Anderson, Worrell & Barnett, Inc., Township Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to an elementary or secondary school or school board, and of the areas on or within one thousand (1,000') feet of such school property.
[Ord. #1988-11, § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-7.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. #1988-11, § 3]
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Tabernacle Township Engineer and the Municipal Solicitor of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. #1988-11, § 4]
The Township Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to subsection 3-7.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk of Burlington County and to the Office of the Burlington County Prosecutor.
[Ord. #1988-11, § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-7.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State Law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and,
4. 
The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1988, c. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-7.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. #2000-5, § 2]
a. 
Designation of School Crossings. In accordance with the Code pursuant to the authority of P.L. 1999, ch. 185, the following is a list of school crossings, which have been so designated by the Township of Tabernacle:
1. 
Chatsworth Road at New Road.
2. 
New Road, between the elementary school and the middle school.
b. 
Adoption Map. In accordance with the Code pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7), P.L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), and P.L. 1999, c. 185, the Drug-Free School Zone Map produced on or about November 2, 1987, by the Township Engineer, during that time period, as amended from time to time, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of real property, which is used for school purposes, which is designated as a school crossing, which is owned or leased to an elementary or secondary school or school board, on school land and of the areas on or within one thousand (1,000') feet of such property.
c. 
Original Map and List to be on File; Copies. The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-7.1 of this section and the list of school crossings, and to provide at a reasonable cost a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of this map and list shall be provided without cost to the Burlington County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
It is understood that the map and list approved and adopted pursuant to subsection 3-7.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this State, and that, pursuant to State Law, such map and list shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality.
2. 
The boundaries of the real property, which is owned by or leased to such schools or a school board.
3. 
That such school property is and continues to be used for school purposes.
[1]
Editor's Note: See also Section 3-4 for registration of mini-bikes and like vehicles.
[Ord. #1994-6, § 1]
The purpose of this section is to control and regulate unlicensed motor vehicles within the Township of Tabernacle in order to preserve the public peace and order and protect the health and welfare of the general public of the Township of Tabernacle.
[Ord. #1994-6, § 2]
As used in this section, the following terms shall have the meanings indicated:
MOTOR-DRIVEN VEHICLE
Shall mean and include but is not limited to minibikes, motor scooters, go-carts, swamp buggies, mopeds and snowmobiles and any other motor-driven vehicle, not capable of being registered under Title 39, Motor Vehicles, of the New Jersey Revised Statutes, as amended, except such vehicles as are in such title expressly exempted from registration. Subsection 3-8.3, paragraphs a and b shall also apply to vehicles licensed under Title 39, Motor Vehicles, of the New Jersey Revised Statutes, as amended.
[Ord. #1994-6, § 3]
It shall be unlawful for any person to operate or permit and suffer to be operated a motor-driven vehicle, as defined herein, within the Township of Tabernacle under the following circumstances:
a. 
On private property of another without the express, prior, written consent of the owner and the occupant of said property.
b. 
On any public grounds or property including but not limited to all recreation fields owned by the Township.
c. 
In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons or the Township.
d. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of a person or the Township.
[Ord. #1994-6, § 4]
a. 
Any person under the age of 18 years who shall violate any of the provisions of this section shall be deemed to be a juvenile delinquent and shall be proceeded against as such.
b. 
Any person who violates any one or more of the provisions of this section shall be subject to a fine of not more than $500 for each separate offense. In the case of a continuing violation or violations, a fine of not more than five hundred ($500.00) dollars may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person convicted under this section shall also be responsible for any damages caused by his or her action.
c. 
The following officials of Tabernacle Township shall be empowered to enforce this regulation including but not limited to members of the Township Committee, Township Administrator, Township Clerk, Public Works Director, Code Enforcement Officer, as well as all law enforcement officials with jurisdiction over Tabernacle Township.
[1]
Editor's Note: Former Section 3-9, Peace and Good Order, previously codified herein and containing portions of Ordinance No. 1995-11, was repealed in its entirety by Ordinance No. 2011-5.
[Ord. #1997-16, § 1]
No person shall at any time throw or cast the rays of any portable illuminating device upon any residence in the Township of Tabernacle at a time and in a manner which shall annoy or interfere with the peace and comfort and the quiet enjoyment of their property by the owner(s) or tenant(s) of said property. This prohibition shall not in any way interfere with the use of any illuminating device by the owner or tenant of any property or those having the written consent of the owner or tenant upon their property for any lawful purpose or activity including, but not limited to, those that may be permitted by a governmental agency.
[Ord. #1997-16, § 1]
Any person or entity found guilty of violating any provision of this section shall be subject to a penalty as stated in Chapter 1, Section 1-5.
[Ord. #1998-7, § 1]
a. 
It shall be unlawful to sell a tobacco product to a minor, that is, a person under 18 years of age.
b. 
It shall be unlawful for any person to purchase a tobacco product (a) with funds furnished by a minor or (b) with the intent to sell such product to a minor.
c. 
No person directly or indirectly acting as agent or otherwise shall sell, give or furnish to a minor under the age of 18 years any cigarettes made of tobacco or any other substance which can be smoked, any cigarette paper, or any tobacco in any form including, but not limited to, smokeless tobacco.
d. 
No person who is the parent, legal guardian or other person acting in place of a parent or legal guardian or person who is responsible for the care and welfare of a minor under the age of 18 years shall allow that minor to possess any cigarettes made of tobacco or of any other substance which can be smoked, any cigarette paper or tobacco in any form including, but not limited to, smokeless tobacco
e. 
Sign Requirement. The following six inch by eight inch (6" x 8") sign shall be posted in a conspicuous place near the cash register in all retail establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING IN PUBLIC PLACES BY MINORS IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with state statutes and Tabernacle Township Ordinances.
[Ord. #1998-7, § 2]
a. 
It shall be unlawful for a tobacco retailer to sell or permit to be sold any tobacco product to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 18 years.
[Ord. #1998-7, § 3]
a. 
Tobacco vending machines and tobacco vending machine sales are hereby prohibited within the Township of Tabernacle unless the tobacco vending machine meets the following criteria:
1. 
The vending machine is located within a business where an employee of the establishment is within plain view of the said machine.
2. 
That the vending machine is equipped with a device which would not allow the sale of tobacco product without the establishment's employee having to push a button or switch to be located where the employee is located that will allow the sale to take place.
3. 
That after said employee has pushed said button or switch to electrically allow a sale to take place that the machine will again deactivate itself until such time as said button or switch is reactivated.
4. 
The employee in control of said vending machine shall be responsible to check identification to ensure that the individual using said machine is at least 18 years of age. Any failure to do so or any failure to keep said machine locked by said electrical device will be considered a violation of the within section.
b. 
Self-service tobacco displays, that is, any racks, freestanding displays or other display devices from which a customer may select tobacco products directly with only payment to be made to the tobacco retailer are prohibited.
[Ord. #1998-7, § 4]
It shall be unlawful for any person under the age of 18 to smoke a tobacco product in/or on any public place, building or property or to possess in open view, an open pack, open carton, or other open container (as evidenced by a broken seal) holding a tobacco product in/or on any public place, building or property unless in the presence of his or her parent/guardian.
[Ord. #1998-7, § 5]
a. 
RETAIL ESTABLISHMENT - Shall mean any place of business that sells to the public at retail.
b. 
TOBACCO VENDING MACHINE - Shall mean any mechanical, electrical or electronic self-service device which upon insertions of moneys, tokens or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of an available item.
c. 
TOBACCO PRODUCT - Shall mean any product made from the tobacco plant or containing tobacco leaf, for the purposes of smoking, chewing, inhaling or other personal use, including but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.
d. 
PUBLIC PLACE, BUILDING OR PROPERTY - Shall mean any building or enclosed structure open to the general public, and any street, road, sidewalk, walkway, park or open space located within the Township and maintained for use by the general public.
[Ord. #1998-7, § 6]
a. 
A law enforcement officer or his or her duly authorized designee, a Health Officer or Code Enforcement Officer, who reasonably believes there exists a violation of this section, may issue a summons and complaint not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the section and subsection of this section alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
b. 
Any law enforcement officer, or his or her duly authorized designee, Health Officer or the Code Enforcement Officer, after giving proper identification, may inspect any matter, thing, premises, place, person, record, incident or event as necessary to enforce the provisions of this section.
c. 
It shall be unlawful for any person to molest, willfully oppose, or otherwise act to interfere with or to obstruct any law enforcement officer, or his or her duly authorized designee, Health Officer or the Code Enforcement Officer in the performance of duties under this section.
d. 
Citizens may bring complaints for violation of this section.
[Ord. #1998-7, § 8]
a. 
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this section shall, upon conviction thereof, pay a fine of not less than $100, nor more than $500 for each offense. The complaint shall be made in the Municipal Court of the Township of Tabernacle or before such other judicial officer having authority under the laws of the State of New Jersey.
b. 
Any second or subsequent conviction for a violation of this section within any two year period shall be subject to a penalty of not less than $500 nor more than $1,000 for each subsequent conviction.
c. 
Each sale of tobacco to a minor, each day of possession or use of a tobacco vending machine and each violation of the other prohibitions contained in this section shall constitute a separate violation.
d. 
The Board of Health, in addition to the monetary penalties prescribed herein, may suspend the retail food establishment license of any person convicted of a second or subsequent violation of this section within any two year period for not more than three days, pursuant to the authority of the Health Commission to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
e. 
Notwithstanding paragraphs a and b above, for a violation of subsection 3-11.4 of this section, the penalty shall be as determined pursuant to the Code of Juvenile Justice, particularly N.J.S.A. 2A:4A-43(b).
[Ord. #2005-16, § I]
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by Tabernacle Township, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
[Ord. #2005-16, § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
WILDLIFE
Shall mean all animals that are not domesticated.
[Ord. #2005-16, § III]
No person shall feed, in any public park or on any other property owned or operated by Tabernacle Township any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release (TNR) program).
[Ord. #2005-16, § IV]
a. 
This section shall be enforced by the New Jersey State Police, New Jersey State Forest Ranger and Code Official of Tabernacle Township.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
[Ord. #2005-16, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,200.
[Ord. #2005-10, § I]
The purpose of this section is to regulate brush collection and disposal in Tabernacle Township so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply with same.
[Ord. #2005-10, § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. The word "shall" is always mandatory.
BRUSH COLLECTION
Shall mean the gathering and stockpiling of brush, limbs or twigs.
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 Township property and the land between the street lines and right-of-way, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the municipal right-of-way.
[Ord. #2005-10, § III]
Residents of Tabernacle Township place brush by the edge of the road no sooner than two weeks prior to your scheduled collection week. Place your brush more than ten (10') feet from any drain inlet or any retention, detention or drainage area. Brush should not be cross-piled and should be stacked so butt-end of branch is toward the street. Brush should be limited to:
a. 
No more than two piles, (three (3') feet high by seven (7') feet long.)
b. 
Twigs less than three (3') feet in length must be tied in bundles less than 20 pounds.
c. 
No brush/limbs larger than three (3") inches in diameter will be taken.
d. 
No brush from private tree removal services or from the clearing of land for residential pools or other accessory uses will be taken.
e. 
No logs, stumps or shrubs will be taken.
[Ord. #2005-10, § IV]
The New Jersey State Police and Code Enforcement Officer of the Township of Tabernacle shall enforce this section.
[Ord. #2005-10, § V]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine as follows:
a. 
First Offense. Resident noticed and required to remove brush within 10 days.
b. 
Second Offense. Resident required to remove brush within additional 10 days and a one hundred ($100.00) dollar fine.
c. 
Third Offense. Resident required to remove brush within additional 10 days and a fine of not less than $500 and not more than $2,000.
A continuing violation or repeated noncompliance with the provisions of this section shall be deemed a nuisance, and the Mayor and Township Committee shall have the right to apply to the courts of this State for injunctive relief or other relief in addition to the penalties provided for herein.
[Ord. #2007-6 § I]
An ordinance to regulate the non-hunting use of firearms in Tabernacle Township and to prescribe penalties for the failure to comply with same.
[Ord. #2007-6 § II]
For purposes of this section, the following words and terms shall include the meanings given herein:
FIREARMS
Shall mean any gun, shotgun, rifle, pistol, revolver or other device from which a bullet, shot, ball, slug, pellet, solid projectile or other missile, or any gas, vapor or other noxious thing, is propelled by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. For the purposes of this section the term "firearm" shall not mean any event starter gun, paintball gun or air rifle, spring gun or similar device or instrument in which the propelling force is a spring, elastic band, compressed carbon dioxide, or other gas or vapor or compressed air.
OCCUPIED BUILDING
Shall mean any building constructed or adapted for overnight accommodation of a person, or for operating a business or engaging in an activity therein, whether or not a person is actually present.
[Ord. #2007-6 § III]
No person shall at any time use, discharge or fire any firearm or carry, transport or possess any loaded firearm within four hundred fifty (450') feet of an occupied building not on property owned by said person. This prohibition shall not apply to all occupied buildings on property owned by other persons who have given written permission to said person which expressly allows and permits the use or discharge of firearms within distances closer than four hundred fifty (450') feet. Such written permission, in order to be effective as a modification to the prohibition described herein must be in said person's physical possession.
[Ord. #2007-6 § IV]
Nothing contained in this section shall be interpreted to prohibit the use, discharge or possession of firearms by:
a. 
Public officers or other persons enumerated in N.J.S.A. 2A:151-43, as amended.
b. 
Persons lawfully using firearms in the defense or protection of person or property.
c. 
Persons keeping or carrying any firearms on or about their residence or business or to or from any place of purchase or repair of firearms; provided, however, they fully comply with Chapter 151, Weapons and Explosives, of Title 2A of the Revised Statutes, as amended.
d. 
Hunters lawfully complying with the requirements and provisions of Title 23 of the Revised Statutes, as amended or any rules and regulations promulgated thereunder.
e. 
Persons transporting any firearm while traveling directly to or from any proper place for practice, match, target, trap or skeet shooting or shooting exhibitions; provided, however, that during the course of traveling for the purposes set forth in this subsection, the firearm is unloaded and contained in a closed and fastened case, gun box, securely tied package or locked in the trunk of the automobile in which the person is transporting the firearm, and provided further that the course of travel to or from such places may include such deviations as may be reasonable or necessary under the circumstances.
f. 
Persons lawfully using firearms on agriculturally assessed property which is qualified, pursuant to the farmland assessment act of 1964 (Laws of 1964, Chapter 48; N.J.S.A. 54:423.1), as land actively devoted to agriculture. Said use is required to be more than four hundred fifty (450') feet from any occupied building not located on said farmland assessed property.
g. 
The provisions of this section shall not apply to the members of any Municipal, County or State of New Jersey Police Department, detectives of the office of the Prosecutor of Burlington County, Conservation Officers of the State of New Jersey or any other person authorized by the statutes of New Jersey to carry firearms, when said firearms shall be used in the performance of their duties.
h. 
The provisions of this section shall not apply to the operation of what is commonly called a "turkey shoot."
[Ord. #2007-6 § V]
a. 
This section shall have no force or effect within the boundaries of any lands owned by the United States of America, if any, in the Township of Tabernacle.
b. 
This section shall not apply to the activities being conducted on private property owned by incorporated gun/hunting clubs, which existed within the Township prior to the effective date hereof.[1]
[1]
Editor's Note: Ordinance No. 2007-6 codified herein as Section 3-14, was adopted June 11, 2007.
[Ord. #2007-6 § VI]
Any person violating the provisions of this section shall, upon conviction thereof, be subject to one or more of the following: (1) a fine of not less than $250 or more than $1,500, (2) imprisonment in the County Jail, or at any place provided by the Township for the detention of prisoners, for any term not exceeding 180 days, (3) a period of community service not exceeding 90 days.
[Ord. #2009-4]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Tabernacle and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. #2009-4]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Tabernacle Township or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. #2009-4]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Tabernacle Township.
[Ord. #2009-4]
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
[Ord. #2009-4]
This section shall be enforced by the Red Lion State Police and/or Code Enforcement Officer of Township of Tabernacle.
[Ord. #2009-4]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,250.