[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.
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.
Shall mean a container suitable for the depositing of litter.
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:
Any facility or property used for activities involving the
furnishing or handling of goods or services, including but not limited
to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition, of buildings
or structures.
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.
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.
Shall mean any dismantling, intentional destruction or removal
of buildings or structures.
Shall mean any facility or property used for activities involving
the production or fabrication of goods, including but not limited
to:
Shall mean any person affected by unnecessary noise.
Shall mean any vehicle which is propelled or drawn on land
by an engine or motor.
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.
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.
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.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk or alley or similar place that is owned or controlled by
a governmental entity.
Shall mean any real property or structure thereon that is
owned or controlled by a governmental entity.
Shall mean the imaginary line, including its planar extension,
that separates one parcel of real property from another.
Shall mean any property zoned to permit human habitation.
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).
Shall mean an instrument for the measurement of sound levels
as specified in N.J.A.C. 7:29B.
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.
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:
[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:
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.
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]
[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:
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]
[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]
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:
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:
[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:
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]
[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; amended 7-26-2021 by Ord. No. 2021-04]
As used in this section, the following terms shall have the
meanings indicated herein:
Means the act of ingesting, inhaling, or otherwise introducing
marijuana into the human body.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means a nonlighted, noncombustible device that may be used
to simulate smoking and that employs a mechanical heating element,
battery, or circuit, regardless of shape or size, to produce aerosolized
or vaporized nicotine or other substance for inhalation into the body
of a person, an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,
or any other similar product with any other product name or descriptor.
Electronic device is any device that can be used to deliver nicotine,
marijuana, marijuana extract, marijuana products or other substances
to the person inhaling from the device, including, but not limited
to, an electronic cigarette, cigar, cigarillo, or pipe.
[Added 7-26-2021 by Ord.
No. 2021-04]
Mean all parts of the plant Genus Cannabis L., whether growing
or not; the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant; but shall not include
the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product. The
terms Marijuana and Cannabis have the same meaning within this section
and are used interchangeably.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means a substance obtained by separating resins from marijuana
by:
A chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane or propane;
A chemical extraction process using the hydrocarbon-based solvent
carbon dioxide, if the process uses high heat or pressure; or
Any other process identified by the division by rule.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means the flowers of the plant genus Cannabis within the
plant family Cannabaceae.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means marijuana, marijuana products, and marijuana extracts.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means the leaves of the plant genus Cannabis within the plant
family Cannabaceae.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means any equipment, products, or materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing marijuana,
or for ingesting, inhaling, or otherwise introducing marijuana into
the human body.
[Added 7-26-2021 by Ord.
No. 2021-04]
Means a product containing marijuana or marijuana extracts
and other ingredients intended for human consumption or use, including
a product intended to be applied to the skin or hair, edible products,
ointments, and tinctures. Marijuana products do not include:
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.
Shall mean any place of business that sells to the public
at retail.
Means the inhaling, exhaling burning or possession of any
lighted cigar, cigarette, pipe, or use of any electronic smoking device
including but not limited to the inhaling, exhaling or other ingestion
of any vape, vapor or vapor product.
[Added 7-26-2021 by Ord.
No. 2021-04]
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.
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.
Means any non-combustible product containing nicotine and/or
cannabis/marijuana that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means, regardless
of shape or size, to produce vapor from nicotine and/or cannabis/marijuana
in a solution or any form including any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device, and any vapor cartridge or other container of nicotine in
a solution or other form intended to be used with, or in, any such
device.
[Added 7-26-2021 by Ord.
No. 2021-04]
[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 § 3-11.1 through § 3-11.6 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.
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 § 3-11.1 through § 3-11.6 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).
[Added 7-26-2021 by Ord. No. 2021-04]
a.
It shall be unlawful to sell marijuana, cannabis, and/or a marijuana
product product to a minor, that is, a person under 18 years of age
unless said minor presents a medical prescription, prescribing cannabis
for medicinal purposes.
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 product
made of or containing cannabis and/or marijuana or any paraphernalia
for the use of the consumption of cannabis, including any rolling
paper, or any cannabis, marijuana, and/or marijuana product in any
form including, but not limited to, raw cannabis, processed cannabis,
smokeless cannabis, oil derived from cannabis, or edible goods containing
cannabis, unless said minor presents a medical prescription, prescribing
cannabis and/or marijuana for medicinal purposes.
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 marijuana products, cannabis and/or
marijuana, including but not limited to raw cannabis, processed cannabis,
smokeless cannabis, oil derived from cannabis, or edible goods containing
cannabis unless said minor presents a medical prescription, prescribing
cannabis and/or marijuana for medicinal purposes.
[Added 7-26-2021 by Ord. No. 2021-04]
a.
Marijuana products, marijuana and cannabis vending machines and marijuana
products, marijuana and cannabis vending machine sales are hereby
prohibited within the Township of Tabernacle.
b.
Self-service marijuana products, marijuana and cannabis displays,
that are, any racks, freestanding displays or other display devices
from which a customer may select marijuana products directly with
only payment to be made to the retailer are prohibited.
[Added 7-26-2021 by Ord. No. 2021-04]
a.
Unless otherwise provided by law, statute or ordinance, any person violating any provision of § 3-11.8 or 3-11.9 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.
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 § 3-11.8 or 3-11.9 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).
[Added 7-26-2021 by Ord. No. 2021-05]
As used in this section, the following terms shall have the
meanings indicated herein:
Means the act of ingesting, inhaling, smoking, or otherwise
introducing marijuana and/or tobacco into the human body.
Means a nonlighted, noncombustible device that may be used
to simulate smoking and that employs a mechanical heating element,
battery, or circuit, regardless of shape or size, to produce aerosolized
or vaporized nicotine or other substance for inhalation into the body
of a person, an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen,
or any other similar product with any other product name or descriptor.
Electronic device is any device that can be used to deliver nicotine,
marijuana, marijuana extract, marijuana products or other substances
to the person inhaling from the device, including, but not limited
to, an electronic cigarette, cigar, cigarillo, or pipe."
Means all parts of the plant Genus Cannabis L., whether growing
or not; the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant; but shall not include
the weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink, or other product. The
terms Marijuana and Cannabis have the same meaning within this section
and are used interchangeably.
Means a substance obtained by separating resins from marijuana
by:
Means the flowers of the plant genus Cannabis within the
plant family Cannabaceae.
Means marijuana, marijuana products, and marijuana extracts.
Means the leaves of the plant genus Cannabis within the plant
family Cannabaceae.
Means any equipment, products, or materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing marijuana,
or for ingesting, inhaling, or otherwise introducing marijuana into
the human body.
Means a product containing marijuana or marijuana extracts
and other ingredients intended for human consumption or use, including
a product intended to be applied to the skin or hair, edible products,
ointments, and tinctures. Marijuana products do not include:
Means the inhaling, exhaling burning or possession of any
lighted cigar, cigarette, pipe, or use of any electronic smoking device
including but not limited to the inhaling, exhaling or other ingestion
of any vape, vapor or vapor product.
Means any product made from the tobacco plant for the purpose
of smoking, changing, inhaling, or otherwise consuming, including
cigarettes (in any form), cigars, chewing tobacco, pipe tobacco and
snuff.
Means any non-combustible product containing nicotine that
employs a heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of shape or
size, to produce vapor from nicotine and/or marijuana or cannabis
in a solution or any form including any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device, and any vapor cartridge or other container of nicotine and/or
marijuana or cannabis in a solution or other form intended to be used
with, or in, any such device.
[Added 7-26-2021 by Ord. No. 2021-05]
Consumption of Tobacco Products and Marijuana Products shall
be prohibited at all times in all enclosed public places within the
Township of Tabernacle, including, but not limited to, the following
places:
b.
All enclosed areas available to and customarily used by the general
public and all areas of business establishments and nonprofit entities
generally accessible to the public, including, but not limited to,
the public areas of retail stores, banks, offices, movie theaters,
laundromats, hotels, motels, sports arenas, and bowling facilities.
c.
All outdoor areas within 10 linear feet from any and all entrances
and exits of any and all enclosed indoor areas where smoking is prohibited,
to ensure that smoke and/or vape/vapor does not enter the smoke free
indoor areas through entrances, windows, ventilation systems, or any
other means.
d.
All rest rooms, lobbies, reception areas, hallways, elevators, service
lines, and any other common-use areas in enclosed public places.
e.
All polling places.
f.
All buses, taxis, other means of public transit and waiting areas
of public transit depots, and limousine and car services.
g.
All private residences that are used as child-care or health-care
facilities.
h.
All health-care facilities, including but not limited to, clinics,
physical therapy facilities, and offices of doctors, dentists, chiropractors,
and psychiatrists.
i.
All enclosed facilities owned, leased, or operated by the Township
of Tabernacle.
j.
All museums, galleries, and libraries.
k.
All auditoriums, stages, performance halls or any venue wherein performances
and demonstrations occur.
l.
Sports arenas and gymnasiums.
m.
Schools.
[Added 7-26-2021 by Ord. No. 2021-05]
a.
No person shall consume tobacco products or marijuana products while
on the outdoor grounds of any and all of the public parks, whether
owned, leased or utilized by the Township, including recreational
areas.
b.
Consumption of tobacco products or marijuana products is prohibited
at any and all educational facilities.
c.
Any entrance or exit areas of any public buildings.
d.
Any vehicles owned and/or leased, in part or entirely by the Township
of Tabernacle.
[Added 7-26-2021 by Ord. No. 2021-05]
a.
Unless otherwise provided by law, statute or ordinance, any person violating any provision of § 3-11.12 or 3-11.13 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.
[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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are 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]
[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.
Shall mean the gathering and stockpiling of brush, limbs
or twigs.
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 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:
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.
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.
[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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or 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.
