Borough of Hopewell, NJ
Mercer County
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Table of Contents
Table of Contents
The general power to adopt local police ordinances of all kinds is contained in R.S. 40:48-1, 2. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in R.S. 40:49-5.
[Ord. 258; Ord. 696]
No person shall make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, or create any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any person within the limits of the borough.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of the provisions of this section, but such enumeration shall not be construed to be a limitation or be deemed to be exclusive:
a. 
Horns. The sounding of any horn or signaling device on any automobile, motorcycle, street car, bus or other vehicle on any street or public place of the borough except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust or by compressed air or gas or by vacuum; and the use of any such signaling device when traffic is for any reason held up.
b. 
Radios, Televisions, Stereo Equipment. Using, operating or permitting to be played used or operated, either indoors or outdoors, any radio receiving set, television receiver, musical instrument, stereo or other machine or device for producing or reproducing sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, chamber or premises in which the machine or device is operated and who is a voluntary listener.
c. 
Loudspeakers, Amplifiers. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, stereo, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose except as authorized by governmental authorities in connection with law enforcement or public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefore from the mayor and council, if the mayor and council shall find that the public health and safety will not be endangered thereby.
d. 
Public Facility Music Amplification. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, stereo, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound within a municipally-owned facility prior to 12:00 p.m. or after 11:00 p.m. is also hereby declared to be unnecessary and in violation of subsection 3-1.1, except as authorized by governmental authorities in connection with law enforcement or public emergencies or publicly sponsored events.
e. 
Animals, Birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
f. 
Whistles. Blowing of any whistle except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper municipal authorities, or as may be required by general law or ordinance.
g. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises there from.
h. 
Defect in Vehicle or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
i. 
Loading; Unloading; Operating Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
j. 
Construction Work. The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 10:00 a.m. and 5:00 p.m. on Sundays or between the hours of 7:00 a.m. and 6:00 p.m. on other weekdays, except in case of urgent necessity in the interest of public health and safety, and, if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the borough engineer as to public street work or from the borough building official as to other work. The permit may be granted for a period not to exceed three days or less while the emergency continues, and it may be renewed for period of three days or less while the emergency continues.
If the engineer or the building official, however, shall determine that the public health and safety will not be impaired by such work within the prohibited hours, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for the work to be done within the prohibited hours upon application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior to exterior repairs or to the interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 7:00 a.m. and 11:00 p.m., upon residential premises that are owned by the homeowner or that are occupied by such occupant.
k. 
Refuse Collection. The collection, transportation or disposal of garbage, trash, cans, bottles and other refuse by persons engaged in the business or scavenging or garbage collection at any time on Sundays, or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on other weekdays, except in the case of urgent necessity in the interest of public health and safety, and, in the nature of the emergency will admit of the prior procurement of a permit, than only in accordance with a permit first obtained from the borough engineer or building official. The permit may be granted for a period not to exceed three days or less while the emergency continues and may be renewed for period of three days or less while the emergency continues.
l. 
Schools, Courts, Churches and Hospitals. The creation of any excessive noise on any street or property adjacent to any school, institution of learning, church or court while such are in use, or adjacent to any hospital which unreasonably interferes with the workings of that institution, or which disturbs or unduly annoys patients in the hospital, provided that with respect to such streets, conspicuous signs are displayed in the streets indicating that they are school, hospitals or court streets.
m. 
Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
n. 
Hawkers; Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
o. 
People Noise. Yelling, shouting, whistling, singing, or creating unnecessarily loud or annoying vocal utterances at any time or place so as unreasonably to annoy or disturb the quiet, comfort or repose of any person in any residence, school, place of business, street or public place.
p. 
Lawnmowers and Leaf Blowers. The operation of use of any power lawnmower or leaf blower between the hours of 9:00 p.m. and 8:00 a.m. on weekdays and Saturdays and 9:00 p.m. and 9:00 a.m. on Sundays.
q. 
Miscellaneous Night Noise. Any of the following activities when occurring in close proximity to residences between 11:00 p.m. and 7:00 a.m.; the warming up or idling of buses, trucks, or tractors; and the unnecessary and repeated idling, acceleration and deceleration, or the starting and stopping of automobiles and motorcycles.
r. 
Exception. Nothing contained in this section shall be construed to apply to church bells or chimes, or to the use of snow blowers.
[Ord. 247]
As used in this section:
a. 
Loitering shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing, walking about aimlessly or sleeping in a car or motor vehicle of any kind and shall also include the colloquial expressing "hanging around."
b. 
Public place shall mean any place to which the public has access and shall include any street, highway, road, alley, or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks, playgrounds, schools, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating the provisions of this section, or in the case of a minor, not owned by or under the control of his parent or guardian.
c. 
Parent or guardian shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court, or otherwise.
No person shall loiter in a public place in such a manner as to:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
Obstruct, molest, or interfere with any person lawfully in any public place as defined in paragraph 3-2.1b. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing they are made.
e. 
Defile, pollute or soil any public place by throwing or otherwise disposing of cans, bottles, paper or other refuse.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-2.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
No parent or guardian of a minor shall knowingly permit that minor to loiter in violation of the provisions of this section.
Whenever any minor is charged with a violation of this section, his parent or guardian shall be notified of this fact by the chief of police or any other person designated by him to give such notice.
If at any time within 30 days following the giving of notice as provided herein, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Ord. 270; New]
As used in this section:
a. 
LITTER - Shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
b. 
GARBAGE - Shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
c. 
REFUSE - Shall mean all putrescible and nonputrescible solid waste (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial waste.
d. 
RUBBISH - Shall mean nonputrescible wastes, consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
e. 
VEHICLE -Shall mean every device in, upon or by which any person or property is or may be transferred or drawn upon a highway, including devices used exclusively on stationary rails or tracks.
f. 
PUBLIC PLACE -Shall mean all streets, sidewalks, boulevards, alleys or other public ways, and all public parks, squares, spaces, grounds and buildings.
No person shall sweep, throw, deposit or dump litter in or on any property whether occupied, open or vacant, and whether owned by that person, or any other person or in a public place or pond, lake or stream or other body of water within the borough, except in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner which prevents the litter from being carried or deposited by the elements upon a public place or upon private property.
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in a gutter, road, right of way or other public place within the borough the accumulation of litter from a building or lot or from a public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. This shall not apply to placement of leaves when duly authorized.
No person while a driver or passenger in a vehicle shall throw or deposit litter in or upon any public or private property.
No person shall bring, cart, remove, transport or collect any litter from outside the borough and bring it into the borough for the purpose of dumping or disposing thereof. No truck or other vehicle containing litter which has been transported into the borough shall be parked or allowed to remain standing on any street in the borough or on any public or private property.
[Ord. 249; Ord. 259]
As used in this section:
CURB
Shall mean and include the side of any public street or road appearing on the official map of the borough.
GARBAGE
Shall mean and include waste animal or vegetable matter originating in homes, kitchens, restaurants, hotels, produce markets, stores, and other places where food and food products are stored and prepared for sale or human consumption.
RUBBISH
Shall mean and include broken or discarded crockery, glass, bottles, cooking utensils, food containers, papers, magazines, small pasteboard boxes, small cardboard containers, household effects and appliances, junk, any useless or worthless objects, and all other matter commonly known as "rubbish".
a. 
Garbage Containers. Garbage shall be placed in watertight containers made of metal or heavy plastic, equipped with suitable handles and tight-fitting covers. The capacity of the containers shall not exceed 35 gallons nor weigh more than 35 pounds when filled with garbage. These restrictions on capacity and weight of containers shall only apply where containers are placed at the curb for collection.
b. 
Rubbish Containers. Except as hereinafter provided, all rubbish shall be placed in watertight containers made of metal or heavy plastic, equipped with suitable handles and tight-fitting covers. Rubbish, such as paper, magazines, small pasteboard boxes and small cardboard cartons may be securely tied in bundles and placed in or alongside garbage and rubbish containers on the day collection is made. No material of this kind that is not securely tied in bundles shall be placed on the curb for collection. Rubbish of a nature and size so as not to permit its placement in containers as heretofore set forth or to be tied in bundles may be placed at the curb for collection.
Rubbish containers as hereinbefore set forth shall weigh less than 35 pounds when filled and have capacities that do not exceed 35 gallons.
These restrictions on capacity and weight shall only apply where containers are placed at the curb for collection.
c. 
Curb Restriction. No garbage or rubbish shall be placed at the curb unless it is in containers as hereinbefore specified or otherwise excepted.
d. 
Collection. Collection of garbage and rubbish is provided as a municipal service on specified collection days established by the borough council. On the regular collection days garbage and rubbish containers shall be placed on the curb by 7:00 a.m. No containers shall be placed on the curb before 3:00 p.m. on the day preceding collection. Emptied containers must be removed from the curb by the owner as soon as practicable and in no event shall empty containers be left on the curb after 6:00 p.m. on the day immediately following collection day.
[Ord. 42; New; Ord. 294; Ord. 552]
Owners, occupants or tenants of any property fronting on any street in the borough shall remove all snow and ice from the abutting sidewalks of such street to the curb or pavement edge or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes or other material to provide traction, within 12 hours of daylight after the snow has fallen or the ice has formed. Sidewalks shall be cleared to a width of three feet or the entire width of the sidewalk, whichever is less.
No owner, occupant or tenant of any premises abutting on any street or sidewalk shall throw, place or deposit any snow or ice accumulated on private property into or upon any such street or sidewalk in the borough.
In the event that any person shall neglect or refuse to comply with the requirements of subsection 3-5.1, it shall be lawful for the mayor and council to cause such obstruction to be removed.
In all cases where snow or ice shall have been removed from any sidewalks or gutter by and under the direction of the borough, the borough official in charge shall certify the cost of removal to the borough council and the borough council shall examine the certificate and, if found correct, shall cause the cost as stated thereon to be charged against the lands abutting or bordering the sidewalks. The amount so charged shall forthwith become a lien upon the land, and shall be added to and become part of the taxes next to be assessed and levied upon the lands, and shall bear interest at the same rate as taxes and be collected by the same officials and in the same manner as taxes and shall be in addition to any penalty provided elsewhere in this chapter.
[Ord. 231]
Where it shall be necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard to remove from lands or to destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris, and miscellaneous junk, including old automobiles not in service for 30 days, the owner or tenant of lands lying in the borough shall remove or destroy such within 10 days after notice by the borough clerk to do so.
In cases where the owner or tenant shall have refused or neglected to remove the debris within the time provided by the preceding section, it may be removed by or under the direction of the borough clerk. The clerk shall thereupon certify the cost of removal to the mayor and council, who shall examine the certificate, and if found to be correct, shall cause the cost shown thereon to be charged against such lands. The amount so charged shall forthwith become a lien upon such lands, and shall be added to and become part of the taxes next to be assessed and levied upon such lands. It shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes and shall be in addition to any other penalty which may be imposed hereunder.
[Ord. 124]
A trailer or camp car is herein defined to be any vehicle used or intended to be used as a conveyance upon public streets or highways and duly licensed as such, and shall include self-propelled and nonself-propelled vehicles so designed and constructed and reconstructed or added to by means of accessories in such manner as to permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by the trailer or camp car.
It shall be unlawful for any person to park any trailer or camp car on any street in the borough, or on any premises within the limits of the borough, except in conformity with the provisions of Chapter 7, and under no circumstances for a longer period than two hours; provided that such time limit shall not apply to a trailer or camp car undergoing repair in a recognized public garage or automobile shop, nor where such trailer or camp car is placed in dead storage on private property.
[Ord. 41; Ord. 242; New]
No person shall ride, drive, or lead any horse or cattle upon any of the sidewalks within the limits of the borough, except for the purpose of crossing such sidewalks. No person shall leave standing upon such sidewalks or upon crossings, any of the above animals or any wagon, carriage, sleigh, sled, or other vehicle, or any box, crate, barrel, or any other thing to obstruct such sidewalk.
No person shall slide or coast for amusement on any sled upon the streets or sidewalks of the borough.
a. 
Duty of Owners. The owners of all properties fronting on any of the streets of the borough shall be required to keep the gutters in front of their respective properties clear and free of all weeds, grass, ashes, garbage or other impediments.
b. 
Removal by Borough. In the event that any person shall fail to comply with the provisions of paragraph 3-8.3a, the mayor and council shall cause such obstruction to be removed.
c. 
Payment for Removal by Borough. In all cases where weeds, grass, ashes, garbage, or other impediments shall have been removed from any gutter by and under the direction of the borough, the borough official in charge shall certify the cost of removal to the borough council and the borough council shall examine the certificate and, if found correct, shall cause the cost as stated thereon to be charged against the lands abutting or bordering the gutters. The amount so charged shall forthwith become a lien upon the land, and shall be added to and become part of the taxes next to be assessed and levied upon the lands, and shall bear interest at the same rate as taxes and be collected by the same officials and in the same manner as taxes, and shall be in addition to any penalty provided elsewhere in this chapter.
[Ord. 38; Ord. 84]
No person shall do or cause to be done any of the following acts upon a public highway or other public place within the borough, without the written permit of the borough:
a. 
Cut, trim, climb with spikes, disturb the roots of, or otherwise injure, or spray with any chemical, or remove any living tree or shrub, or injure, misuse or remove any structure or device placed to support or protect such trees or shrub.
b. 
Plant any tree or shrub.
c. 
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub, or to any guard about such tree or shrub.
d. 
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
e. 
Pile any building material or make any mortar of cement within six feet of a tree or shrub.
f. 
Post or cause to be posted any advertisement or other printed matter upon any shade or ornamental tree.
No person shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same, or shall permit an animal to bite or otherwise injure any such tree or shrub.
No person shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon a public highway.
Every person having control over any wire for the transmission of an electric current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from the wires or from the electric current carried by it. The device or means used shall in every case be subject to approval by the borough.
No person shall prevent, delay or interfere with any lawful work undertaken by the borough or its authorized agent.
[Ord. 265]
No person shall consume or possess in any opened container any alcoholic beverage in or upon any public or quasi-public place including, but not limited to, any public street, alley, sidewalk, mall, park, playground, public conveyance, parking facility or in any public building.
In or Upon Vehicles. No person shall consume any alcoholic beverage in or upon any private vehicle while it is in motion or parked upon any such public or quasi-public place.
Nothing herein shall be construed to prohibit the possession or consumption of alcoholic beverages within or upon premises duly licensed for the consumption of alcoholic beverages; the possession of beer in pitchers or other unsealed containers as may be lawfully sold by licensed premises while in transit to a lawful place for consumption; nor to prohibit the possession, distribution or consumption of alcoholic beverages in any public park, recreation area or public building in connection with any organized function or social affair for which express prior permission has been received in writing from the mayor and council, upon prior notice and subject to any terms and restrictions relating to the public safety and the general welfare of the borough which may have been imposed upon such permission by the mayor and council.
[New; Ord. 365]
For violation of any provision of this code, or other ordinance of the borough unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be a fine not exceeding $1,250 for each and every offense or imprisonment for not more than 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the municipal court judge. (N.J.S.A. 40:49-5)
Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other chapter of this revision or any other ordinance of the borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Ord. 280; Ord. 384]
No retail business shall be conducted within the Borough of Hopewell, County of Mercer, State of New Jersey, except between the hours of 6:00 a.m. and 10:00 p.m.
Nothing contained in this section shall be construed to prevent the preparation and retail sale of drugs, meals and prepared food for consumption on the premises and motor fuels and service station products, nor to apply to sales of alcoholic beverages which are otherwise subject to regulation under R.S. 33.
[Ord. 311; Ord. 671]
For the purposes of this section:
HANDBILL
Shall mean any advertisement, circular, paper, brochure, flyer, shopper or other unsolicited commercial matter, printed or otherwise, of every kind or nature whatsoever.
PRIVATE PROPERTY
Shall mean and include any dwelling or structure, whether or not occupied, as well as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule or mail box belonging to or appurtenant to such dwelling or structure.
PUBLIC WAY ADJACENT TO PRIVATE PROPERTY
Shall mean and include the areas from the side edge of a highway, street or road, whether or not curbed, to and including the sidewalk, if any, and if no sidewalk to the front property line of the adjacent private property, and all areas used for any public park, playground, municipal building or other installation, including driveways, parking areas, walks, paths and other public ways thereupon.
No person shall place upon, deliver, deposit throw upon, leave or abandon within or upon any private property, public way adjacent to private property, or public place in the borough, any handbill, except as hereinafter provided.
The provisions of this section shall not be applicable to the delivery of:
a. 
Mail, parcels or packages by and in accordance with the rules of the United States Postal Service.
b. 
Parcels, packages and materials by and in accordance with the rules of the Railway Express Agency or other utility licensed or regulated for such purposes, and those delivered by vendors where ordered by the owner or occupant of the recipient premises.
c. 
Newspapers and other publications and periodicals only if subscribed to by the owner or occupant of the recipient premises, provided that such publication is either placed firmly in a receptacle designed for such purpose, or if none, then tightly wrapped to prevent blowing or scattering upon the recipient premises or adjacent areas.
d. 
Laundry, dry cleaning, dairy, bakery and similar food products, and commercial product sampling, by agreement with or invitation of the owner or occupant of the recipient premises.
e. 
Solicitation cards, brochures and flyers by duly authorized bona-fide nonprofit charitable organizations, including, but not limited to, United Fund, American Red Cross, religious, educational, medical and volunteer police, fire and ambulance organizations, provided packaged and placed in such a manner so as not to blow or scatter upon the recipient premises or adjacent areas.
f. 
Noncommercial handbills of a political or other nature whose distribution is or may be protected by constitutional rights of free speech, provided such handbill is packaged and placed in such a manner as not to blow and scatter upon the recipient premises or adjacent areas.
g. 
Unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature in whole or in part, provided that such distribution is in compliance with this section, and further provided that such periodical is packaged and placed in such a manner as not to blow or scatter upon the recipient premises or adjacent areas.
The delivery of unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, shall qualify for the exception provided for in subsection 3-13.3g hereof, subject to and contingent upon initial and continuing compliance with the following requirement:
The owner or occupant of any property within the borough shall have the right, at any time, in writing, either by certified mail or in person, to transmit to the local office of the publisher and/or distributor of any unsolicited or unsubscribed newspapers, publications or other periodicals that are wholly or partially of a commercial nature, a notice of objection to the continued delivery of any such unsolicited and unsubscribed material. Such notice of objection shall clearly identify the property to which the continued delivery of any such unsolicited or unsubscribed material is objected. Any publisher and/or distributor who receives said notice of objection, shall comply with said notice within 14 days of receipt of said notice and shall discontinue the delivery of the objected to material to the property identified by said notice. Such notice of objection shall continue into effect until revoked, and it shall be deemed a violation of this section for any person, including, but not limited to, a publisher and/or distributor to deliver, continue to deliver or cause to be delivered any such unsolicited or unsubscribed material to the property of any such objecting owner or occupant.
To facilitate cooperative action with regard to violations as herein described, any owner or occupant of any property within the borough who has transmitted written notice of objection as provided for herein to the publisher and/or distributor, may file a copy of said notice and all subsequent correspondence pertaining to said notice with the borough clerk, who shall maintain a file of such correspondence for public inspection. Said borough clerk files are to be kept current by removing therefrom any correspondence which is more than three years old.
Any person, fire or corporation violating any provisions of this section 3-13, shall be liable in the municipal court as follows:
a. 
For the first violation, a fine of not less than $50.
b. 
For a second violation, a fine of not less than $100.
c. 
For a third violation, a fine of not less than $150.
d. 
For a fourth violation, a fine of not less than $250.
Each violation of the provisions of this section, whether the same shall occur on the same day or on succeeding days, shall be deemed to be a separate violation hereof.
[Ord. 336]
No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article borrowed from the Free Public Library of Hopewell after 30 days have elapsed from the date of posting by certified mail, return receipt requested of a notice demanding return thereof, addressed to said person at the last address furnished.
No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or other article, or any part thereof, which is borrowed from, owned by or is in the custody of the Free Public Library of Hopewell.
The library board shall adopt and post in a conspicuous place in the Free Public Library building, rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, or any other item or article which may be available for such borrowing to the public.
No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item or article from the Free Public Library building without complying with all of the rules, regulations and procedures of the library for borrowing such items or articles.
No person shall register or furnish a false name or address for the purpose of borrowing any book or other article from the Free Public Library of Hopewell.
If a person fails to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other article borrowed from the Free Public Library of Hopewell after notice is served upon said person pursuant to subsection 3-14.1 and said property remains overdue for an additional 30 days, the director of the library or his designee shall forward to said person a second certified mail notification that said material is overdue and that unless said person returns said material within 30 days of receipt of this second notice, that person is subject to prosecution in the borough municipal court for having violated subsection 3-14.1 of this section.
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in section 3-11.
[Ord. 385]
As used in this section: "motor-driven vehicle" shall include but not be expressly limited to mini-bikes, trail bikes, motorcycles, motor scooters, go-carts, swamp buggies and any other motor-driven vehicle not eligible to be registered under Title 39 ("Motor Vehicles") of the New Jersey Statutes, as amended.
It shall be unlawful for any person to operate, permit, or suffer to be operated, a motor-driven vehicle, as defined herein, within the borough under the following circumstances:
a. 
On private property of another without the express written consent of the owner and the occupant of said property. Where such express prior written consent has been obtained, the operator shall keep same on his person, available for immediate display, during the period of such operation;
b. 
On any public grounds or public property;
c. 
In such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons;
d. 
Between the hours of 9:00 p.m. and 8:00 a.m. prevailing time;
e. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.
Each motor-driven vehicle, as defined herein shall at all times be equipped with a muffler, in good working order and no person shall use a muffler cut-out, by-pass or similar device.
The provisions of subsection 3-15.2a, shall apply to licensed two-wheel motor-driven vehicles known as motorcycles, trail cycles, motor scooters and the like, where the vehicle is operated on private property or premises other than a driveway, or other way or access provided by the owner or occupant thereof for travel thereon of motor driven vehicles.
a. 
This section shall not apply to police emergency vehicles.
b. 
Nothing herein shall be construed to regulate the use of unlicensed motor-driven vehicles actually used for agricultural or horticultural purposes.
Every person convicted of a violation of this section shall be liable to a penalty as provided by section 3-11 of the Revised General Ordinances of the Borough of Hopewell, 1975, as amended.
[Ord. 417]
No storm water, surface water or other fluids shall be directed or conducted, directly or indirectly, over, across or under any sidewalk or into any gutter or public street except as provided in this chapter.
Where by reason of close proximity of a catch basin the proposed use of a gutter for storm water or surface water drainage will not cause a significant loss of use of the gutter to the other persons or for other purposes, the municipal engineer, upon written application therefor, may issue a permit for the drainage of storm water or surface water under a sidewalk and into a gutter. Any such permit shall be revocable by the municipal engineer upon 90 days' notice.
Any person who violates or refuses to comply with the regulations and provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in section 3-11.
[Ord. 429; Ord. 444]
As used in this section:
a. 
BULKY HOUSEHOLD WASTE - Shall mean and include inoperable or discarded household appliances such as, but not limited to, refrigerators, washing machines, dryers, freezers, water heaters, etc., furniture and box springs and mattresses, etc.
b. 
TIRES -Shall mean and include used or discarded tires of any kind, size or description.
c. 
INOPERABLE VEHICLE - Shall mean and include any motor vehicle, trailer, or semi-trailer which is: (i) missing tires, wheels, engine, or other essential parts; or (ii) which has sustained extensive body damage or deterioration; or (iii) which does not display a current, valid state registration license; or (iv) which is wrecked, disassembled, or partially disassembled.
d. 
CONSTRUCTION DEBRIS -Shall mean and include any scrap lumber, metal, earth, sand, brick, stone, plaster, roofing or siding material or other debris of a similar nature, which accumulates and is incidental to the construction, demolition or removal of buildings, public works or other construction projects.
a. 
It shall be unlawful for any person to store or permit the storage, maintain or retain on any property in the borough any bulky household waste or tires, except in a fully enclosed structure.
b. 
It shall be unlawful for any person to store or permit the storage, maintain or retain on any property located in a residential zone or containing a residential use in the borough any construction debris, other than as specified in subsection 3-17.4, except in a fully enclosed structure.
It shall be unlawful for any person to store or permit the storage, maintain or retain on any property in the borough any inoperable vehicle, except in a fully enclosed structure; unless there is conducted on the property an existing valid or permitted business use, which has as one of its principal purposes the maintenance or repair of vehicles.
It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of construction debris before, during, or after completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate all such construction debris or trash at areas convenient to the construction area and to maintain and empty the receptacles in such a manner and with such regularity to prevent spillage or overflowing of said receptacles.
Every person convicted of a violation of this section shall be liable to a penalty as provided by section 3-11 of the "Revised General Ordinances of the Borough of Hopewell, 1975", as amended.
[Ord. 466; Ord. 554; Ord. 642]
The mayor and council hereby finds that the lack of enforceable regulations with regard to parking in fire lanes in parking yards and parking places which are open to the public in Hopewell Borough poses a substantial threat to the health, safety and welfare of motorists and pedestrians therein. It is therefore the purpose of the mayor and council, by this section to establish fire lanes within such areas of the municipality to which the public is invited pursuant to N.J.S.A. 40:48-2.46, and thereby to promote the public health, safety and welfare.
No person shall park a vehicle in any fire lane established pursuant to subsection 3-18.3 of this section.
Vehicles may be stopped in such lanes, however, under the following circumstances:
a. 
A vehicle may be stopped to discharge or pick up passengers in a fire lane provided that the engine remains running and the driver remains with the vehicle at all times.
b. 
The operator of a commercial vehicle may unload goods in a fire lane providing:
1. 
The structure, store or use to or from which the goods are being moved has no other entrance useable for such purpose or designated loading area; and
2. 
The driver shall remain with the vehicle or be engaged in activities attendant to unloading the same at all times, to operate said vehicle in case of an emergency; and
3. 
The operator of the vehicle does not stop or stand in the fire lane while not engaged in one of the above enumerated activities.
There are hereby established fire lanes in parking yards and parking places, which are open to the public or to which the public is invited, as detailed on the drawings referred to below:
a. 
Lot 59, Block 12, known as "Hopewell Elementary School" - Map entitled "Hopewell Elementary School, Princeton Avenue" prepared by Studer and McEldowney dated 10-6-1989.
b. 
Lot 77, Block 22, known as Hopewell Village Square - Map entitled "Fire Lane, Hopewell Village Square, Block 22, Lot 77, Hopewell Borough, Mercer County, prepared by Dennis O'Neal, dated March 21, 1996."
c. 
Lot 12, Block 28, known as Hopewell Borough Municipal Building - Map entitled "Boundary Survey of Lots 12-14, Block 28, Topographic Survey of Lots 14 & 14, Block 28" prepared by James D. McEwen, dated 6-11-1997.
The above maps, attached hereto, are incorporated herein by reference and made a part hereof, and are also on file in the office of the borough clerk.
Any person who shall violate subsection 3-18.2 of this section shall be subject to penalty of not more than $50.
The signs and pavement markings shown on the maps referred to in subsection 3-18.3 and required in accordance with the regulations set forth in subsection 3-18.6 shall be procured and installed by the owner of each property referred to in subsection 3-18.3. The owner of such property, as referred to in subsection 3-18.3, shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the borough. To that end, the owner shall repair, restore or replace the same or any of them within a reasonable time after receipt of written notice from the chief fire inspector of the borough to do so which notice shall be sent by certified mail to the address of the owner as shown on the borough's tax records.
The owners of the properties referred to in subsection 3-18.3 shall cause all required signs and pavement markings to be completed, in a workmanlike fashion, within 120 days from the effective date of this section. Any owner who shall fail to comply with the requirements of this subsection shall be subject to a fine of no more than $500. Each day that such violation exists shall constitute a separate offense.
The following standards shall apply to fire lanes designated and shown on the maps referred to in subsection 3-18.3:
a. 
Pavement Markings. The curbs and pavements, or both, within established fire lanes shall be painted yellow to delineate the borders of said zones, and, in addition, the pavement within said borders shall be painted with diagonal yellow lines and the words, "No Parking, Fire Zone." Diagonal yellow lines shall be four inches wide with spaces of no more than ten feet between the said diagonal lines throughout the area within borders of all established fire lanes. The words "No Parking, Fire Zone" shall be painted on the pavement at major vehicular entrances to said fire lanes and every 100 feet along the entire length of the lanes and at other locations within the lanes as determined by the chief fire inspector. Such lettering shall be painted in yellow block letters not less than 18 inches high with six-inch wide strokes. Such markings shall be repainted as frequently as needed to maintain high visibility to vehicular traffic within and near the fire lanes.
b. 
Signage. Traffic signs shall be installed within established fire lanes as required by the following standards:
1. 
All signs shall be rectangular with a red message on a white background. All corners shall be rounded and all signs shall have a red border.
2. 
All signs shall be minimum of 12 inches by 18 inches with the longer dimensions vertical, and shall be made of metal or comparable durable material.
3. 
The message on all signs shall be as follows:
NO
PARKING
FIRE ZONES
4. 
All signs shall be illuminated or reflectorized to be visible during hours of darkness.
5. 
Signs shall be displayed in each designated fire lane to face all directions of traffic flow into and within said lanes. Signs shall be installed so that the maximum distance between signs facing the same direction of traffic flow shall be 50 feet. All signs shall be mounted approximately at right angles to the direction of traffic.
6. 
All signs shall be installed so that the bottom of each sign is approximately five feet above ground level.
7. 
All signs shall be kept in good order and clearly legible at all times. Damaged or faded signs shall be promptly replaced by the landowner.
[Ord. 687]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 455, 507 and 528.
The Borough of Hopewell hereby adopts as its Municipal Recycling Program, pursuant to the New Jersey Statewide Mandatory Source Separation and Recycling Act, the County Recycling System as set forth in Ordinance No. 2006-16 adopted by the Board of Chosen Freeholders of the County of Mercer, State of New Jersey on December 21, 2006 (effective January 10, 2007), and as more fully set forth in the amendment to the Mercer County Solid Waste Management Plan detailing its Recycling Plan, also incorporated into that Ordinance as follows.
Pursuant to the Recycling Act, each resident of Hopewell Borough, adopting the Mercer County Recycling Plan to meet the State mandated recycling goals. To effectuate and implement the Hopewell Borough Recycling Plan, it is hereby required that:
a. 
Municipality.
1. 
The Borough of Hopewell hereby adopts this section to provide recycling within its borders pursuant to the Recycling Act adopting herein the Mercer County Recycling Plan as its official municipal recycling program; and
2. 
All municipal contracts for solid waste collection and/or disposal within the Borough of Hopewell shall be consistent with this section and the Mercer County Recycling Plan.
3. 
The Borough of Hopewell shall heretofore provide for a collection system for leaves generated from residential premises within these municipal boundaries and shall, for the period from September 1 to December 31 of each year, source separate leaves from solid waste generated at those premises and unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection in the manner provided for herein. The leaf composting facilities used by the borough are: Kurt Stiefel Family Farm, 1728 Linvale-Harbourton Road, Lambertville, NJ 08530; North Slope Farm, 386 Rock Road East, Lambertville, NJ 08530; and Britain Industries, 227 Bakers Basin Road, Lawrenceville, NJ 08548.
4. 
The Borough of Hopewell may deliver tires to the existing transfer station, or such site as designated by the Mercer County Improvement Authority, for transfer to a tire recycler.
5. 
The Borough of Hopewell shall, at a minimum, within 30 days after the adoption of this section and at least once every six months thereafter, notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities, and the source separation requirements of this section and the Mercer County Recycling Plan. In order to fulfill the notification requirements of this subsection, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
6. 
The Borough of Hopewell shall, pursuant to N.J.S.A. 13:1E-99.16(c), within 30 days of the effective date of this section,[1] and at least once every 36 months thereafter, conduct a review and make necessary revisions to the master plan and development regulations adopted pursuant to P.L. 1975, C. 291 (C. 40:55D-1 et seq.), which revisions shall reflect changes in State, County and municipal policies and objectives concerning the collection, disposition and recycling of designated recyclable materials.
The revised State plan shall include provisions for the collection, disposition and recycling of recyclable materials designated in this section, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units or multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
[1]
Editor's Note: Ordinance No. 687, codified herein as section 3-19, was adopted June 5, 2008.
b. 
Residents.
1. 
On and after the official commencement date of the County Recycling System within Hopewell Borough, each person residing in areas designated for recycling collection, shall separate for curbside collection on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority, those materials designated in the Mercer County Recycling Plan as listed below; and shall do so in the manner as set forth in this section; and
2. 
All residents shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:
(a) 
Acceptable glass containers;
(b) 
Acceptable metal containers;
(c) 
Acceptable plastic containers;
(d) 
Tires;
(e) 
White goods;
(f) 
Leaves: and
3. 
Any and all persons having been found to have violated the provisions of the Recycling Plan of the Borough of Hopewell will be assessed warnings, penalties and fines pursuant to subsection 3-19.6, Penalties of this section; and
4. 
At the time of placement of recyclable materials designated for collection by the Recycling Plan of the Borough of Hopewell at the curb or streetside of residential units said materials shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution by that resident to the County Recycling System for collection by the Mercer County Improvement Authority or its agent; and
5. 
Any resident within Hopewell Borough may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection under any circumstances unless that person has registered with the Mercer County Improvement Authority as a private recycler.
c. 
Commercial, Industrial and Institutional Establishments.
1. 
All commercial, industrial, and institutional establishments located within Hopewell Borough shall recycle, or cause to be recycled, at a minimum, the following categories of recyclables:
(a) 
Paper, including:
(1) 
Acceptable mixed paper;
(2) 
Corrugated cardboard; and
(3) 
Office paper;
(4) 
Other paper; and
(b) 
Acceptable glass containers;
(c) 
Acceptable metal containers;
(d) 
Tires;
(e) 
White goods; and
2. 
All commercial/industrial/institutional establishments located within Hopewell Borough shall submit a source separation recycling plan to the Mercer County Improvement Authority to meet the State recycling mandates identifying or incorporating the following:
(a) 
All waste material generated, listed by type; and
(b) 
All volumes of these waste categories currently recycled; and
(c) 
Any agreement with any solid waste hauler or with a separate entity for the recycling of source separated designated materials as defined within the Mercer County Recycling Plan; and
(d) 
A description of current or proposed recycling efforts for designated materials; and
3. 
The schedule for submittal of these commercial/industrial/institutional recycling plans to the Mercer County Improvement Authority shall be as follows:
(a) 
All commercial/industrial/institutional establishments whose waste is collected by private haulers and not serviced by municipal collection shall prepare the plan within four months of enactment of this section and shall implement same within two months following approval of the plan by the Mercer County Improvement Authority;
(b) 
All commercial/industrial/institutional establishments whose waste is collected through a municipal collection system shall be part of the municipal collection system of recyclables.
4. 
All commercial/industrial/institutional establishments required to submit a recycling plan under this section may, at their option, prepare a joint recycling plan with any other entity or entities whereby a common hauler and/or collection point, for common pickup, is set forth. However, each commercial/industrial/institutional establishments shall prepare a plan identifying that they are part of this joint plan and shall attach a copy of same, incorporating it by reference.
5. 
Any such commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Recycling Plan and this section. The failure to submit said plan or comply with same shall subject the commercial/industrial/institutional establishments to penalties as set forth in this section; and
6. 
An extension of the time for plan preparation and/or plan implementation of up to 90 days may be requested from the Mercer County Improvement Authority depending upon the size of the establishment. Justification for such a request shall be submitted to the Mercer County Improvement Authority in writing and shall be verified as necessary or justified; and
7. 
Pursuant to Mercer County Recycling Ordinance 2006-16, upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this section and/or the source separation and recycling provisions of the Recycling Act, if not exempted pursuant to paragraph 8 described hereafter, the Mercer County Improvement Authority shall provide said recycling service, and all fees and costs for providing said recycling service shall be assessed at rates to be established by the Mercer County Improvement Authority through the New Jersey Board of Public Utilities and Mercer County's Solid Waste Franchise; and penalties shall be assessed as provided for in this section; and
8. 
Pursuant to N.J.S.A. 13:1E-99-16 of the Recycling Act, this municipality shall have the right to exempt persons occupying commercial and institutional premises within the municipal boundaries from the source separation requirements of the section if those persons have otherwise provided for the recycling of the recyclable materials designated in the Mercer County Recycling Plan from solid waste generated at those premises. This municipality shall annually submit to the Mercer County Improvement Authority a list of those commercial/industrial/institutional establishments requesting exemptions under this subsection and the results of its determination with an explanation for said action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to this municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of paragraph 3.
d. 
Private Recyclers.
1. 
Any person or group of persons wishing to collect recyclable materials shall register with the Mercer County Improvement Authority as a "private recycler;" and
2. 
No private recycler shall conduct recycling collection activities within the Borough of Hopewell on designated County collection days; and
3. 
Upon registration each private recycler shall receive an identification/registration decal from the Mercer County Improvement Authority and shall prominently display same on recycling vehicles when collecting recyclables within the Borough of Hopewell; and
4. 
An ongoing condition of collection activities within the municipality shall be the submittal of certified weight tickets to the Mercer County Improvement Authority for material sold to quantify levels for State mandated recycling goals. Said tickets shall be submitted to the Mercer County Improvement Authority no later than 30 days following the date of sale of the subject material.
The enforcement of the Recycling Plan of the Borough of Hopewell shall be provided individually and severally by the Borough of Hopewell with regard to enforcement of this section, and/or the Mercer County Improvement Authority, and/or the New Jersey Department of Environmental Protection.
No person shall collect recyclables within the Borough of Hopewell unless registered with the Mercer County Improvement Authority and the requisite fee has been paid, unless an exemption has been granted by the Mercer County Improvement Authority in accordance with Mercer County Ordinance No. 2006-16. The identification/registration decal of each person so registered shall be prominently displayed on each recycling vehicle at all times while collecting recyclables within the Borough of Hopewell.
Failure to register or to display the identification registration decal on vehicles while collecting recyclables within the Borough of Hopewell shall subject such private recycler to a fine of $250 per offense; and
Any person or entity conducting recycling collection activities within the Borough of Hopewell on designated County recycling collection days shall be assessed a penalty of $250 per offense.
a. 
Residents.
1. 
Any resident of the Borough of Hopewell who is found to have violated the provisions of this section shall be subject to the following procedures and penalties:
(a) 
A Notice of Violation shall be issued on the occasion that said ordinance is violated, and thereafter;
(b) 
A cessation in the collection of garbage which contains recyclable materials from that household; and/or
(c) 
A fine up to $500 per day of violation depending upon the extent of and circumstances of the violation to be assessed pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized hereby and pursuant to the inclusion of this section within the Mercer County Solid Waste Management Plan.
(d) 
The terms and provisions of this section may be enforced individually and severally by the Borough of Hopewell, the Mercer County Improvement Authority and the New Jersey Department of Environmental Protection.
b. 
Commercial Industrial and Institutional Establishments.
1. 
Failure to submit the plan or have an approved plan in place as required by this section shall subject the commercial/industrial/institutional establishment to a fine up to $100 per day until plan submittal requirements are met.
2. 
Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the County pursuant to subsection 3-19.2 of the section shall be subject to the following procedures and penalties:
(a) 
A warning on the first three occasions that said plan is violated, and thereafter.
(b) 
A fine up to $1,000 per day of violation depending upon the extent of and circumstances of the violation and the size of the violating establishment, to be assessed pursuant to N.J.S.A. 13:1E-9 by the Mercer County Improvement Authority, as authorized hereby.
(c) 
The terms and provisions of this section may be enforced individually and severally by the Borough of Hopewell, the Mercer County Improvement Authority and the New Jersey Department of Environmental Protection.
[Ord. 497]
a. 
Alarm business shall mean any business operated by a person, partnership, or corporation, for profit, which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to a fire or burglar alarm system, or which causes any of these activities to take place.
b. 
Alarm device shall mean any type of alarm-activating equipment which provides warning of burglary, intrusion, fire, flood, or like peril.
c. 
Alarm system shall mean the installation in one or more buildings of one or more alarm devices for the express purpose of giving visual and/or audible warning of an emergency such as burglary, intrusion, fire, flood or like peril.
d. 
Alarm user shall mean any person, firm, partnership, association, corporation, company, or organization of any kind in possession or control of any building, structure or facility wherein an alarm device or system is maintained.
e. 
False alarm shall mean an alarm signal eliciting a response by police or firefighters or any other public officials when a situation requiring a response by police or firefighters or any other public officials does not in fact exist, but excluding an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user.
f. 
Independent smoke detector shall mean a device giving an audible alarm indicating smoke and/or fire within a structure and not connected to an alarm system or to any external sounding device outside of the structure.
No person shall install, operate or maintain any alarm system unless the alarm system has been registered with the Hopewell Township Police Department. An alarm system shall be deemed registered at such time as a registration form supplied by the police department is completed as to all information requested therein. Among the information to be provided on the registration form is the following:
a. 
The name, address, telephone number of the owner, occupant, or user of the property upon which the alarm system is installed.
b. 
The name, address, and telephone number of the installer of the system.
c. 
The name, address, and telephone number of the maintainer of the system.
d. 
The type of system.
e. 
A list of the names, addresses, and telephone numbers of person(s) to be contacted in the event of an alarm or in an emergency situation determined by the police department.
f. 
A detailed description and location of the alarmed premises. No further renewal registration shall be required unless and until there has occurred any material change in the information previously submitted with respect to any alarm system in which event it shall be the duty of the user of the alarm system, within 10 days of such material change, to file a supplemental or revised registration containing accurate, current information.
All pre-existing alarm systems shall comply with the registration requirements of this subsection within 60 days of the date of the final adoption of this section.
a. 
Each alarm system shall be installed utilizing discrete circuitry for multi-purpose and single alarm systems to insure appropriate emergency response.
b. 
Any alarm system which requires for its operation electricity supplied by a public utility may be equipped with a battery rendering it operable in the event of a power outage if so desired by the property owners. Such battery back-up system shall only be required for any alarm system which will trigger itself automatically in the event of a power outage.
c. 
Every burglar alarm system must be provided with a device which will shut off the alarm after 15 minutes of activation.
d. 
Every burglar alarm system not fitted with an external key switch shall be equipped with a time delay of at least 15 seconds which may include an audible signal of the same length of time, said time delay to be designed to prevent accidental activation of the system. The 15 second signal, if utilized, shall be audible only within the structure and not externally.
e. 
No alarm system may be connected directly to the alarm system panel located in the police department without the approval of the owner of the alarm system panel and chief of police or his designee.
f. 
No person shall install, cause to be installed, or permit to be installed, any alarm device, by whatever name known, which automatically selects a telephone line dedicated to the police department or fire department for the purpose of playing a recorded message to report any emergency.
g. 
In the event an alarm system, other than a fire or holdup alarm system, is tied into and/or serviced by a central station or answering service, upon activation of said alarm system, the central station or answering service shall verify the validity of the alarm prior to notifying the police department of same.
h. 
No police, fire, or other public department or official shall be responsible in any way for the resetting or maintenance of any alarm system.
i. 
No alarm business or person owning, using or possessing an alarm system shall cause or permit the giving of repeated false alarms, whether intentional, accidental or otherwise.
j. 
A new homeowner, occupant or user possessing or using an alarm system shall be responsible for notifying and reregistering the system with the police department within 30 days of his purchase and/or transfer of title of the property.
All information submitted in compliance with this section shall be held in confidence and shall be deemed a record exempt from public disclosure pursuant to state statute(s). Any violation of confidentiality shall be deemed a violation of this section.
The provisions of this section shall not apply to any alarm system installed on property occupied by any township, county or state or federal government agency or office, nor to an independent smoke detector as defined in subsection 3-20.1f.
a. 
Any person who fails to register said alarm system as required by the provisions of this section is subject to a minimum fine of $50.
b. 
Any owner or user of an alarm system which experiences more than two false alarms within any one-year period shall be required to modify or improve said system with a retrofit which will incorporate into said system a mandatory audible 15 second signal which shall be designed to prevent accidental activation of the system.
c. 
Owners and users of alarm systems shall be subject to the following minimum fine schedule for false alarms:
Number of False Alarms
Fire
Minimum Fine/Penalty Police/Burglar
3
$50
-0-
4
$75
-0-
5
$90
-0-
6 or more
$100
$100 each
Any owner or user of an alarm system who accidentally activates his/her burglar alarm and promptly notifies the Hopewell Township Police Department within two minutes after activation will not be charged a false alarm call. This grace period shall not apply to fire alarms.
d. 
Any owner or user of an alarm system who installs such a system not in compliance with this section is subject to a minimum fine of $50. Additionally, said owner or user may be required to remove such an alarm system.
e. 
Any owner or user of an alarm system shall be notified by the Hopewell Township Police Department in writing once two false alarms have occurred with said system.
Any person who intentionally causes the giving of a false alarm shall be in violation of N.J.S.A. 2C:33-3.
[Ord. 628]
For purposes of this section, the term "key" shall mean any device or information needed to release a lock such as but not limited to a mechanical key, a magnetic card or a pass code.
a. 
Properties within the borough having an automatic fire alarm system or a fire sprinkler system shall be required to have and maintain rapid access key boxes.
b. 
Properties within the borough on which hazardous materials are used, handled or stored where the total aggregate quantity is more than 55 gallons, 500 pounds or 200 cubic feet, and such materials are in the (3) or (4) range of the NFPA 704M symbol or materials are water reactive or materials are radioactive shall be equipped with a HazMat cabinet. This paragraph b shall not apply to underground fuel storage.
c. 
This shall not apply to owner-occupied one- and two- family dwellings.
a. 
The key box shall be of UL listed type and approved by the Hopewell Valley Bureau of Fire Safety.
b. 
The key box shall be compatible with the Hopewell Valley Master Key.
c. 
The key box shall be installed in a location approved by the Hopewell Valley Fire Official.
a. 
Key boxes required under paragraphs a and b of subsection 3-20A.2 shall contain the following:
1. 
Keys to locked points of egress, whether on inferior or exterior of such buildings.
2. 
Keys to locked mechanical rooms;
3. 
Keys to locked elevator rooms;
4. 
Keys to elevator controls;
5. 
Keys to any fence or secured areas;
6. 
Keys to other areas as directed by the Hopewell Valley Fire Official;
7. 
A floor plan of the rooms within the building.
b. 
In addition to the items required in paragraph a of this subsection, key boxes required under paragraph b of subsection 3-20A.2 shall also contain the following:
1. 
Alphabetical list of all chemicals, room number, location and approximate quantity and strength;
2. 
Material Safety Data Sheets (MSDS) of all chemicals in alphabetical order;
3. 
A copy of the Emergency Response Plan (ERP);
4. 
List of all responsible parties and phone numbers;
5. 
Locations and types of automatic suppression systems.
c. 
All keys contained within key boxes shall be labeled with the location of the locks which they operate.
a. 
In the case of a multi-tenanted or multi-use nonresidential building where the tenants or uses share a main common entrance, at least one key box for every five tenants or uses, as the case may be, shall be installed at the main common entrance.
b. 
In the case of multi-tenanted or multi-use nonresidential buildings comprised of units with separate entrances (e.g., shopping centers and office condominiums), at least one key box for every five tenants or uses, as the case may be, shall be installed; provided, however, that in no event shall the distance between the entrance from a unit to the rapid access key box exceed 75 feet.
The owners of all existing buildings shall comply with the provisions of this section within 12 months of its effective date.[1] The owners of all newly constructed buildings not yet occupied or buildings under construction as of the effective date of this ordinance, shall comply immediately.
[1]
Editor's Note: Ordinance No. 628, codified herein, was adopted December 1, 2003.
a. 
All key box contents required by subsection 3-20A.4 or placed in the key box voluntarily by the building owner or occupant including but not limited to the keys, access cards, pass codes, elevator controls, floor plans, hazardous materials inventories, or MSDS sheets shall be kept current with any changes to the building and its occupancy or contents.
b. 
It shall be the responsibility of the building owner to notify the Hopewell Valley Bureau of Fire Safety of any changes falling under the requirements of paragraph a of this subsection within two days thereof and make arrangements to update key box contents.
Any building owner violating this ordinance shall be subject to penalties as set forth in section 3-11 of this code.
The installation of the rapid access key box shall not preclude any fire department, fire company or firefighter from using traditional firefighting methods to gain access to the building to the extent necessary to protect persons or property. The failure of any fire department, fire company or firefighter to use the rapid access key box shall not give rise to any liability.
[Ord. 709]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 509, 549 and 626.
ANIMALS
Shall mean dogs, cats, or any other domesticated living creatures.
ASSEMBLY
Shall mean an informal gathering of individuals for family, social, or similar purposes. A gathering shall not qualify as an assembly if the proposed purpose is connected with or in support of an entity.
BOROUGH
Shall mean the Borough of Hopewell.
BOROUGH FACILITIES
Shall mean structures owned or exclusively controlled by the borough and shall include but not be limited to Borough Hall, the Train Station and Freight Shed, and the Gazebo.
BOROUGH PARK
Shall mean real property owned or exclusively controlled by the borough and specifically designated as a park.
ENTITY
Shall mean any corporation, business, unincorporated association, partnership, or similar organization.
EVENT
Shall mean an assembly or meeting, as defined herein.
INDIVIDUAL
Shall mean a natural person.
MEETING
Shall mean a gathering of individuals for business purposes; or for artistic, creative, educational, political or similar activities in connection with or in support of a nonprofit or for-profit entity.
PERMIT
Shall mean any written license issued by the borough clerk permitting an event in a borough facility.
VEHICLE
Shall mean any motor vehicle, trailer, camper, go-cart, snowmobile, motorcycle, off-road vehicle, dirtbike, minibike, or other vehicle propelled by other than muscular power.
[Amended 2-6-2020 by Ord. No. 834]
An individual(s) or entity desiring to reserve a Borough facility for an assembly, meeting, or private event shall first obtain an event permit from the Borough Clerk in accordance with the following procedure:
a. 
File an application with the Borough Clerk stating:
1. 
The name and address of the individual who will sign the application.
2. 
The name, address, telephone number and electronic mail address of the individual(s) or entity sponsoring the event, if any.
3. 
The date and hours for which the permit is desired.
4. 
The specific Borough facility or portion thereof for which the permit is desired.
5. 
The nature of the event to be conducted and the approximate number of individuals who will attend and/or participate. A reservation for the use of the Hopewell Park Volunteer's Bandstand is required only for gatherings where 15 or more individuals are anticipated to be in attendance.
6. 
Whether or not wine or malt alcoholic beverages will be served. The option of serving or consuming wine or malt alcoholic beverages is limited to the interior of the Train Station and Freight Shed facilities for private, noncommercial uses only. Permission may be granted to serve and/or consume wine or malt alcoholic beverages outdoors in the park area east of and adjacent to the train station when an applicant has secured a social affair permit issued by the State of New Jersey Division of Alcoholic Beverages. A sketch of the defined outdoor area where wine or malt alcoholic beverages is intended to be served and/or consumed shall require final approval by the Borough.
7. 
No permit that indicates alcohol will be served or consumed shall be approved for any event that includes an entrance fee or for the sale of alcohol, except when an applicant has secured a social affair permit issued by the State of New Jersey Division of Alcoholic Beverages. Permit applications for events at which wine and/or malt alcoholic beverages will be served or consumed shall indicate compliance with all state and local laws, including but not limited to the prohibition of serving, or allowing to be served, alcohol to persons under the legal drinking age.
b. 
All permit applications must be submitted at least 10 days prior to the date for which the permit is sought.
c. 
Standards for the issuance of a permit to be considered by the Borough Clerk shall include the following findings:
1. 
That the proposed event will not require expense by the Borough, including but not limited to expenses resulting from post-event cleanup by Borough staff, or from police operations.
2. 
That the event and use of the facility will not violate its maximum building capacity.
3. 
That the facilities requested have not been reserved for another use at the date and time requested in the application,
[Ord. No. 709 § 1]
Within five days after the receipt of an application, the borough clerk shall notify an applicant, in writing, if the permit is granted or denied; if denied, the notice shall include the reason(s) for the denial. If the permit is granted, the permittee shall be bound by all rules and regulations in force at the particular facility, as well as the requirements set forth in the borough code, including but not limited to Section 3-1 of Chapter 3 entitled "Noise," as well as all applicable ordinances.
a. 
Revocation of Permit. The borough clerk shall have the authority to revoke a permit upon a finding that the permitee, or the entity for which the permit was issued, has violated any requirement of this section 3-21 or for other good cause.
[Ord. 709, S 1; Ord. 749, S 4; Ord. No. 768 § 2]
No individual shall:
a. 
Possess or consume any type of alcoholic beverage, except as permitted under Subsections 3-21. 2 and 3-21.9.
[Amended 2-6-2020 by Ord. No. 834]
b. 
Leave garbage or trash of any type on the premises.
c. 
Willfully mark, deface, disfigure or remove any structure, furnishings or any other property of the borough.
d. 
Engage in any of the activities prohibited in the following subsection 3-21.5, concerning borough parks.
[Ord. No. 709 § 1]
In addition to the activities prohibited in subsection 3-21.4, the following prohibitions apply specifically to borough parks and other borough real property, collectively referred to as "parks." No individual shall in any park or other borough real property:
a. 
Deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or be left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the individual or entity responsible for its presence and be properly disposed of elsewhere.
b. 
Operate any vehicle within the confines of the park. All motor vehicles driven on park property shall be driven only on paved roads and may be parked only in a designated motor vehicle parking area. No other motorized vehicles shall be permitted.
c. 
Ride or drive a horse.
d. 
Hunt, molest, harm, frighten, kill, trap, pursue or tease any animal, wildlife, reptile or bird, or remove, sell or give away any such creature.
e. 
Carry or use firearms, weapons or implements of any description potentially dangerous to humans, animals or wildlife.
f. 
Shoot into park areas from beyond park boundaries. This violates New Jersey State law.
g. 
Build or attempt to build a fire in a portable barbecue grill or in any place other than permanent grills, or with any material other than charcoal; leave lighted matches, burning cigarettes or other flammable material within the park.
h. 
Possess or ignite any firecrackers, torpedo rockets or other fireworks, or explosives, or any substances that can be combined to create an explosive or explosive device.
i. 
Post, paint or affix any message or advertisement on borough property, or leave on premises, any placard, ticket, handbill, circular, or advertisement, except as permitted in the community bulletin board located at the park entrance at Greenwood and Columbia Avenues.
j. 
Display any flags, banners, transparencies, targets, signs, placards or any other matter for commercial advertising purposes.
k. 
Operate any musical instrument, or use amplified sound for advertising purposes without prior approval by the borough.
l. 
Construct or erect a structure of any kind, whether permanent or temporary; or run or string any public service utility into, upon or within a park, except after having received prior written permission from the borough or other appropriate authority.
m. 
Expose or offer for sale any item, or place any stand, cart or vehicle for the transportation, sale or display of any such item without first obtaining a permit from the borough clerk.
n. 
Bring a dog or other domestic animal into those areas where such animals are prohibited, unless such animal is restrained at all times on an adequate leash not greater than six feet in length, and any excretion of such animal on park property is wrapped and disposed of in a proper receptacle.
o. 
Damage, cut, or remove any tree or plant or injure the bark or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas or in any other way injure the natural beauty or usefulness of any area.
p. 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials or make any excavation by tool, equipment, blasting or other means.
q. 
Walk, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.
r. 
Tie or hitch an animal to any tree or plant.
s. 
Willfully mark, deface, damage, tamper with, displace or remove any buildings, bridges, tables, benches, railings, paving, monuments, or other structures or equipment, facilities or borough property, either real or personal.
t. 
Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, or any special vehicle to be used or that could be used for such purpose, including but not limited to a house trailer, camp trailer or recreation vehicle (RV).
u. 
Remove, relocate or open permanent or temporary barriers, signs, gates or fences.
v. 
Enter an area posted as "closed to the public," or aid or abet another to use an area in violation of posted notices.
[Ord. No. 709 § 1]
Except for unusual and unforeseen emergencies, the parks shall be open to the public every day of the year between the hours of one-half hour before sunrise until one-half hour after sunset, provided however, that for programs or events sponsored by the borough or approved by the borough clerk, said hours may be extended during any such program or event. The opening and closing hours for the parks shall be posted therein for public information.
[Ord. No. 709 § 1]
The regulations set forth in subsections 3-21.4 and 3-21.5 or a summary thereof shall be posted conspicuously at each entrance to the park.
[Ord. No. 709 § 1]
An individual or entity that violates the requirements of this section 3-21 shall be subject to a fine not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. 709, S 1; Ord. 749, S 2; Ord. No. 768 § 2; amended 2-6-2020 by Ord. No. 834]
a. 
The individual or entity to which a permit has been issued shall be liable for all loss or damage to the property, or injury sustained by any individual or person by reason of the negligence of the individual or entity to which such permit shall have been issued, or the negligence of their invitees.
b. 
In addition to the requirements stated in this section, the person shall submit with its reservation request a certificate of liability insurance confirming general liability insurance with coverage for bodily injury and property damage of at least $1,000,000 combined single limit each occurrence, naming the Borough as an additional insured.
c. 
In the event alcoholic beverages that are strictly limited to wine or malt alcoholic beverages will be consumed at an event for which a reservation is sought, the requestor must also provide proof that its insurance as set forth above includes host liquor coverage.
[Ord. 709, S 1; Ord. 749, SS 1, 3; Ord. No. 768 §§ 1, 2]
Any individual or entity seeking to use borough facilities for an event that is not sponsored by the borough, shall pay rental fees in accordance with the following schedule:
a. 
Borough Residents.
[Amended 2-6-2020 by Ord. No. 834]
1. 
Train Station or Freight Shed.
(a) 
1/2 day: $50.
(b) 
Full day: $100.
2. 
Train Station and Freight Shed.
(a) 
1/2 day: $75.
(b) 
Full day: $150.
b. 
Nonborough Residents.
1. 
Train Station or Freight Shed.
[Amended 2-6-2020 by Ord. No. 834]
(a) 
1/2 day: $150.
(b) 
Full day: $300.
2. 
Train Station and Freight Shed.
(a) 
1/2 day: $200.
(b) 
Full day: $400.
3. 
Park Gazebo (for groups of 15 or more).
(a) 
Per event: $10.
4. 
Other Borough Facilities. As may be determined from time to time by amendment to this subsection or by resolution of the borough council.
c. 
Fee Waiver. The rental fees set forth in this subsection 3-21.10 shall be waived for nonprofit organizations. A "nonprofit organization" shall mean (1) any organization tax exempt under the Internal Revenue Code § 501(c)(3); (2) any organization created under or otherwise subject to the provisions of Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the borough and/or the Hopewell Valley Regional School District, including but not limited to schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes; or (5) any department within the borough's governmental structure, including, but not limited to, the Hopewell Police Department and any volunteer fire, first-aid or rescue squad that is located in, has a substantial membership from or serves the borough.
d. 
(Reserved)
e. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 3-21.10e, Fee Reduction for Multiple Users, was repealed 2-6-2020 by Ord. No. 834.
[Ord. No. 709 § 1]
Under circumstances that may not fit squarely within the uses or procedures set forth in this section 3-21, the borough administrator shall have the discretion and authority to modify or waive the requirements of this section.
[Ord. No. 768 § 2]
Refunds for facility rentals shall be non-refundable; however, the Borough Administrator shall have the authority to permit reservation date changes and to recommend the issuance of refunds whenever unavoidable or extenuating circumstances affecting the renter is determined to be present.
[Ord. No. 768 § 2]
A building cleaning fee of $75 shall be assessed to any renter of the train station or freight shed building that does not leave the facility in a condition suitable to the next renter if trash and other event debris is left behind at the conclusion of the rental period.
[Ord. 580; Ord. 709]
[1]
Editor's Note: Former Section 3-22, Tobacco Vending Machines and Self-Service Displays Prohibited, previously codified herein and containing portions of Ordinance No. 580, was repealed in its entirety by Ordinance No. 709.
[Ord. 596]
The borough council hereby finds and declares that:
a. 
Findings.
1. 
The uncontrolled placement of newspaper vending machines (hereinafter "newsracks") in public rights-of-way and semi-public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
2. 
Newsracks so located constitute an unreasonable interference with, and obstruction of, the use of public rights-of-way and semi-public rights-of-way, are offensive to the senses, inconsistent with the purposes of the Hopewell Borough Historic District Ordinance, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community.
b. 
Purpose. The provisions and prohibitions hereinafter enacted are in pursuance of securing and promoting the general welfare of persons in the borough in their use of public rights-of-way and semi-public rights-of-way through the regulation of placement, appearance, size, and servicing of newsracks so as to:
1. 
Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress to, or egress from, any place of business or from the street to the sidewalk;
2. 
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes;
3. 
Reduce visual blight on the public rights-of-way and semi-public rights-of-way, protect the aesthetics and value of surrounding properties, and protect the quiet of residential areas; and
4. 
Reduce exposure of the borough to personal injury or property damage claims and litigation.
c. 
Preservation of Constitutional Rights. It is not the intent of this section to in any way discriminate against, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected.
When used in this section, the following terms shall have the meanings indicated:
DISTRIBUTOR
Shall mean the person responsible for placing and maintaining a newsrack in a public right-of-way and semi-public right-of-way.
NEWSRACK
Shall mean any self-service or coin-operated box, container, storage unit or other mechanical device designed to dispense newspapers, periodicals, magazines or other booklets for retail consumption.
PERSON
Shall mean any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
SEMI-PUBLIC OR PUBLIC RIGHT-OF-WAY
Shall mean any area or right-of-way which is open to public use or to which the public is invited pursuant to N.J.S.A. 40:48-2.46.
SIDEWALK
Shall mean an improved path designed or ordinarily used for pedestrian use within any public or semi-public area.
STREET
Shall mean any street, avenue, boulevard, road, parkway, cartway viaduct, drive or other way: (1) which is an existing state, county, or municipal roadway; or (2) which is shown on a plat heretofore approved, pursuant to law; or (3) which is an area that is open to public use or to which the public is invited pursuant to N.J.S.A. 40:48-2.46.
a. 
No person shall install, use, or maintain any newsrack in any location other than those listed in subsection 3-23.5 of this section, and
b. 
No person shall install, use or maintain any newsrack placed on any private property, as may be included in those permitted locations listed in subsection 3-23.5 of this section, prior to the owner of that newsrack filing written consent for the placement of such newsrack from the owner of such private property with the borough zoning officer.
a. 
No newsrack shall exceed four feet in height, 24 inches in width, or 20 inches in depth.
b. 
Each newsrack shall provide a self-latching access door to prevent newsrack contents from inadvertently becoming a litter problem for the area.
c. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
d. 
Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the person is unable to receive the paid-for publication. The coin-return mechanism shall be maintained in good working order.
e. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of malfunction of the coin-return mechanism, or to give the notices provided for in this section.
f. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
a. 
No newsrack shall be placed, installed, used or maintained in other than the following permitted locations:
1. 
West Broad Street (south side); R-100 zone; Block 25, Lot 1.01; right-of-way or nonresidential private property placement.
2. 
South Greenwood Avenue (west side); R-100 zone; Block 25, Lot 82; Post Office Building; existing private property placement.
3. 
Hamilton Avenue (east side); M-R zone; Block 18, Lot 1; right-of-way location only.
4. 
East Broad Street (south side); B-R zone; Block 32, Lot 1; right-of-way location only.
5. 
East Broad Street (south side) B-R zone; Block 31, Lot 1; right-of-way location only.
6. 
East Broad Street (north side); B-R zone; Block 23, Lots 10, 11 and 12; right-of-way location only.
7. 
East Broad Street (north side); B-R zone; Block 22, Lot 7; Village Center Shops; existing private property placement only.
b. 
Existing newsracks not placed at a permitted location shall be relocated to a permitted location in accordance with the installation procedures under subsection 3-23.6. Said relocation shall be completed within 90 days of adoption of this section.[1] Distributors of newsracks not conforming to said standards shall be notified of said noncompliance by the borough clerk and given 90 days to comply with said standards.
[1]
Editor's Note: Ordinance No. 596 which established this section was adopted November 8, 1999.
c. 
Existing newsracks placed within a permitted location shall be inspected by the borough engineer for conformance to the standards of subsections 3-23.4, 3-23.5 and 3-23.6. Distributors of newsracks not conforming to said standards shall be notified of said nonconformance by the borough clerk and given 90 days to comply with said standards.
d. 
Requests for the placement of newsracks in other than the permitted locations identified in paragraph a above, shall be made to the borough clerk. The borough clerk shall immediately forward said requests to the borough planning board for a determination of proposed location appropriateness with respect to traffic and pedestrian safety and historic district considerations. The planning board shall, within 35 days of such request, submit its findings to borough council. If approved by borough council, newsrack placement shall follow the procedures outlined in subsection 3-23.6.
a. 
The specific placement of newsracks within any permitted location as listed under subsection 3-23.5 shall be supervised by the borough engineer. Distributors wishing to place a newsrack at a permitted location shall contact the borough engineer prior to placement for specific placement approval. The following placement standards shall be utilized by the distributor and the borough engineer:
1. 
No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, or semi-public right-of-way.
2. 
Newsracks shall be securely anchored so as to prevent injury or property damage due to tipping or overturning.
3. 
No newsrack shall be located within any sight triangle as defined in the Borough Zoning Ordinance and/or as may be determined by the borough engineer.
4. 
Multiple newsracks within approved locations shall be tightly grouped together, rather than randomly placed, in accordance with directions by the borough engineer.
b. 
Upon agreement between a distributor and the borough engineer for specific placement within a permitted location, the newsrack may be installed and the borough engineer shall affix an "approved placement" certificate, or other means of identification, to said newsrack.
Any newsrack maintained in the borough which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, fire fighter, ambulance or medic may be summarily relocated by a public officer of the borough to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the borough clerk who shall thereafter notify the distributor of the newsrack as soon as possible of the new location. The distributor may thereafter relocate the newsrack to any location that will otherwise comply with the terms of this section.
In the event a newsrack remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in subsection 3-23.9 for newsracks in violation of this section.
If the zoning officer shall determine that a newsrack does not comply with the provisions of this section, then the zoning officer is hereby empowered to remove such newsrack and, at the expense of the distributor, return such newsrack to the distributor identified on the newsrack.
[Ord. 626; Ord. 702]
Any person who seeks to use the borough's train station facility or freight shed facility for a nonmunicipally sponsored event or program shall reserve the facility through the borough clerk. A single application may be used to reserve the facility for one or more dates during a twelve-month period. Reservations shall be obtained by application to the borough clerk in accordance with the following procedure:
a. 
A person seeking to reserve the facility shall file a written request with the borough clerk stating:
1. 
The name and address of the requestor.
2. 
The name and address of the person, persons, corporation or association sponsoring the event, if any.
3. 
The day(s) and hours for which the reservation is desired.
4. 
The nature of the event and approximate number of persons who will attend such event. The maximum building capacity of each facility is 50 persons.
5. 
Whether alcoholic beverages will be served for consumption at the event.
b. 
All reservation requests shall be submitted at least 10 days prior to the day (or first day, as the case may be) for which the permit is sought.
c. 
Reservations shall be issued on a first come, first served basis to those requesters that are in compliance with this section.
d. 
Standards for granting of a facility reservation shall include the following findings:
1. 
That the proposed event or use will not unreasonably interfere with or detract from the promotion of public health, safety and recreation.
2. 
That the proposed event or use that is reasonably anticipated will not include violence, crime or disorderly conduct.
3. 
That the event and use of the facility will not violate the maximum building capacity of the facility.
4. 
That the facility has not been reserved for other use at the date and hour requested.
e. 
Appeal Where Reservation Request Refused. The requester shall have the same right to appeal a denial of a reservation request as set forth in subsection 3-21.5e of this chapter, entitled "Appeal Where Permit Refused," except that the borough council's review of the application, if any, shall be in accordance with the standards set forth under paragraph e above.
f. 
Liability for Losses. The person to whom a reservation is granted shall be liable for all loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such reservation shall have been issued.
g. 
Liability Insurance; Host Liquor Liability Insurance.
1. 
In addition to the requirements stated in this section, the person shall submit with its reservation request a certificate of liability insurance confirming general liability insurance with coverage for bodily injury and property damage of at least $1,000,000 combined single limit each occurrence, naming the borough as an additional insured.
2. 
In the event alcoholic beverages will be consumed at an event for which a reservation is sought, the requester must also provide proof that its insurance as set forth above includes host liquor coverage.
h. 
Any person using the facility shall be bound by all applicable municipal ordinances, including but not limited to section 3-1 entitled "Noise."
Any person or group seeking to use the borough's train station facility or freight shed facility for an event or program that is not sponsored by the borough, pursuant to the procedures, requirements and restrictions set forth in subsection 3-24.1 shall pay rental fees in accordance with the following schedule:
a. 
Borough Residents.
1. 
Train Station.
(a) 
1/2 day: $25.
(b) 
Full day: $50.
2. 
Train Station and Freight Shed.
(a) 
1/2 day: $75.
(b) 
Full day: $100.
b. 
Non-Borough Residents.
1. 
Train Station.
(a) 
1/2 day: $50.
(b) 
Full day: $100.
2. 
Train Station and Freight Shed.
(a) 
1/2 day: $150.
(b) 
Full day: $200.
c. 
Fee Waiver. The rental fees set forth in this subsection 3-24.2 shall be waived for nonprofit organizations. A "nonprofit organization" shall mean (1) any organization tax exempt under the Internal Revenue Code § 501(c)(3); (2) any organization created under or otherwise subject to the provisions of Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the borough and/or the Hopewell Valley Regional School District, including but not limited to schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes; or (5) any department within the borough's governmental structure, including, but not limited to, the Hopewell Police Department and any volunteer fire, first-aid or rescue squad that is located in, has a substantial membership from or serves the borough.
d. 
Fee Reduction for Multiple Users. A person or group renting one or both facilities five times or more in a twelve-month period, shall be entitled to a 50% reduction in the rental fees for those uses, payable as a reimbursement from the borough within 30 days after the expiration of the twelve-month period, as may be otherwise determined by the borough administrator.
Under circumstances that may not fit squarely within the uses or procedures set forth in section 3-24, the borough administrator shall have the discretion and authority to modify or waive the requirements of subsections 3-24.1 and 3-24.2, with the exception of the insurance requirement.
[Ord. 661]
Pursuant to the provisions of N.J.S.A. 40:48-1.2, it shall be unlawful for any person who is under the legal age to purchase alcoholic beverages, to knowingly possess same without legal authority or knowingly consume any alcoholic beverage on private property.
Notwithstanding the above-mentioned provisions, in accordance with N.J.S.A. 40:48-1.2c, nothing in subsection 3-25.1 shall serve to prohibit:
a. 
An underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
1. 
For the purposes of this section, "guardian" shall mean a person who has qualified as a guardian of the underage person pursuant to testamentary or court appointment.
2. 
"Relative" shall mean the underage person's parent, grandparent, aunt, uncle, sibling or any other person related by blood or affinity.
b. 
The possession of alcoholic beverages by any underage person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or postsecondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of the law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
a. 
Any person convicted for violating the terms of this section shall be subject to the following fines:
1. 
First offense: $250.
2. 
Second or subsequent offenses: $350.
3. 
In the event of a second or subsequent conviction for this offense, the court may require the underage person to complete an alcohol counseling program selected by the court.
b. 
Additionally, the court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privileges of the defendant.
1. 
Upon conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.
2. 
If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
3. 
If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person as well as the first and last date of the license suspension period imposed by the court.
4. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The individual shall be required to acknowledge in writing the receipt of the written notice. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
5. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a nonresident person convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
[Ord. 751]
No person shall discharge any cannon, artillery, small arm, gun, pistol, rocket, squib or powder cracker unless licensed by the borough or other lawful authority to do so.
No person shall sell, expose for sale, deliver or offer to any person a torpedo, blank cartridge firecracker, squib, rocket, roman candle, red fire, or fireworks of any kind except upon the production of a written permit produced by the purchaser and issued by the borough council.
No person shall discharge or ignite any toy cannon, pistol, shotgun, or other explosive device or any torpedo, firecracker, squib, rocket, roman candle, red fire, sparkler or fireworks of any kind unless licensed by the borough council or otherwise permitted by law.
An individual or entity that violates the requirements of this section 3-26 shall be subject to a fine not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. 751]
Any person who shall purchase, keep, display or discharge fireworks in the borough in connection with a public celebration or exhibition shall first obtain a permit from the borough council.
Application shall be made in writing and in such form as shall be required by the borough clerk.
It shall set forth:
a. 
The name, address and experience of the applicant.
b. 
The place and time of display.
c. 
The nature of the display.
d. 
The method of storage.
e. 
Applicable liability insurance.
f. 
Such other data as may be required by the borough clerk as appears necessary for public safety.
Upon favorable action by the borough council, the clerk shall issue a permit, which permit shall incorporate by reference and be subject to the facts set forth in the application and such other conditions as may have been required by the borough council.
An individual or entity that violates the requirements of this section 3-27 shall be subject to a fine not exceeding $2,000, or by imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days; or by both such fine and imprisonment or community service.
[Ord. No. 826]
The intent of this section is to adopt regulations relating to and limiting the use of single-use carry out plastic bags by businesses in the Borough of Hopewell. The regulations are intended as necessary and proper steps by the Borough to incentivize the use of reusable bags at businesses.
[Ord. No. 826]
The following words, phrases and terms as used in this section are hereby defined for the purpose thereof as follows.
BUSINESS OR STORE
For the purpose of this section, any retail establishment that engages in the retail sale of goods and products. The definition includes, but is not limited to, pharmacies, convenience stores, antique and general merchandise stores, dry cleaners, food service establishments and personal service establishments.
CUSTOMER
Any person purchasing goods from a store.
FOOD SERVICE ESTABLISHMENT
Any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery.
GOODS AND PRODUCTS
Items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
OPERATOR
The person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.
PERSONAL SERVICE ESTABLISHMENT
Any establishment that provides services involving the care of a person or his or her personal needs or apparel.
PLASTIC CARRYOUT BAG
A bag, sheet, or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the check-out stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term single-use, plastic carryout bag does not include reusable bags, produce bags, or garment bags.
POSTCONSUMER RECYCLED MATERIAL
A material that would otherwise be destined for solid waste disposal, having completed its intended use and product life cycle. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
PRODUCE BAG OR PRODUCT BAG
Any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
RECYCLABLE
Material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product.
RECYCLABLE PAPER CARRYOUT BAG
A paper bag (of any size) that is 100% recyclable, is capable of composting and is accepted for recycling in curbside programs in the Borough.
RETAIL
The sale of goods and products for use and/or consumption.
REUSABLE BAG
A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is machine washable or is made from a material that can be cleaned or disinfected. Such bag shall be designed to accommodate a minimum of 75 reuses and carry at least 18 pounds.
SINGLE-USE CARRYOUT BAG
A bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or reusable grocery bag.
a. 
"Single-use carryout bag" does not include the following:
1. 
A bag provided by a pharmacy to a customer purchasing a prescription medicine that are intended to separate such items in order to reduce contamination or maintain cleanliness.
2. 
A non-handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag, a reusable grocery bag, or a compostable plastic bag.
3. 
A bag provided to contain an unwrapped food item.
4. 
A non-handled bag that is designed to be placed over articles of clothing on a hanger.
[Ord. No. 826]
Beginning with the effective date of this section (Ord. No. 826 adopted November 1, 2018), and lasting for a period of no less than nine months, the Borough of Hopewell shall develop an education and outreach program to encourage the transition from single-use plastic carryout bags to alternatives including reusable bags (hereafter the "Education Period"). The Borough shall work with area nonprofits and education groups to develop and implement a plan to build public awareness among the area businesses, create education materials for voluntary use by businesses in educating customers at point of sale locations and securing reasonably priced or donated alternatives to plastic bags for consumer use. The Economic Development Committee is hereby tasked with implementing such program and reporting back to Council on the results (the "Education Period Report"). Following the receipt and acceptance of Council by resolution of the Education Period Report, the Education Period shall be deemed completed. The Education Period may be extended by Council for such period and with such conditions as it deems necessary.
[Ord. No. 826]
Starting on the date which shall be no less than 60 days following the approval of Council by resolution of the Education Period Report (hereafter, the "Enforcement Period"), no business or store shall provide any single-use, plastic carryout bags to a customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this chapter.
[Ord. No. 826]
During the Enforcement Period, all stores that elect to provide carryout bags to a customer for the purpose of carrying away goods or other material from the point of sale, subject to the terms of this section, shall provide or make available to a customer only recyclable paper carryout bags or reusable bags. Nothing in this section prohibits customers from using bags of any type which the customer may bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.
[Ord. No. 826]
During the Enforcement Period, all stores that do not provide paper carryout bags must provide reusable bags to customers, either for sale or at no charge. Stores are strongly encouraged to educate their staff to promote the use of reusable bags and to post signs and other informational materials encouraging customers to use reusable bags and to participate in the education plan developed during the Education Period.
[Ord. No. 826]
Authority for Investigation and Enforcement during Enforcement Period. The Borough Administrator is hereby authorized to make all necessary and reasonable rules and regulations, subject to the approval of the Hopewell Borough Council, needed to enforce the provisions of this section. The Administrator may request, and shall receive, the assistance and cooperation of law enforcement to assist in the discharge of these duties, if necessary.
Enforcement authority includes the authority to investigate all reported or apparent violations of any of the provisions of this section. If a violation is determined to exist, the Administrator will attempt to obtain voluntary compliance for a period of no less than 30 days. If following such period, compliance with this section has not been achieved to the satisfaction of the Borough Administrator, a notice of violation shall be issued by the Borough, followed by a summons in accordance with this section.
[Ord. No. 826]
Any business violating any provisions of this section shall be liable as follows:
a. 
For the first violation, a fine of not less than $50.
b. 
For a second violation, a fine of not less than $100.
c. 
For a third violation, a fine of not less than $150.
d. 
For a fourth and each additional violation thereafter, a fine of not less than $250.
Each violation of the provisions of this section for which a summons has been issued shall be deemed to be a separate violation hereof.