Borough of Jamesburg, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: The general power to adopt local Police ordinances of all kinds is contained in N.J.S.A. 40:48-1, 2. The power to impose penalties for violations of ordinances and prescribing maximum penalties is contained in N.J.S.A. 40:49-5.
[1982 Code § 3-2.1]
For the purpose of this section:
AUTHORIZED PRIVATE RECEPTACLE
Shall mean a litter storage or collection receptacle approved by the Borough.
GARBAGE
Shall mean animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Shall mean any refuse, garbage, rubbish, paper wrappings, cans, leaves, wood, glass or any substance and material which might affect the health and welfare of the public or render the streets or public places unsightly.
PARK
Shall mean a park, playground, recreation center or any other public area owned or used by the Borough or local authorized governmental agencies and devoted to active or passive recreation.
PRIVATE PREMISES
Shall mean any dwelling, house, building, or other structure, designated or used either wholly or in part for private residential purposes, whether inhabited or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule, belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Shall mean any or all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings.
REFUSE
Shall mean all solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RUBBISH
Shall mean solid waste consisting of both combustible and noncombustible wastes such as paper, wrappings, cigars, cigarettes, cardboard, tin cans, scrap metals, yard clippings, leaves, wood, glass, bedding crockery and similar materials.
VEHICLE
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway.
[1982 Code § 3-2.2]
No person shall throw or deposit any litter in or upon any public street, sidewalk or other public place except the litter may be deposited in public receptacles, authorized private receptacles or in official Borough dump sites after acquiring a permit therefor.
[Ord. No. 17-96 § 1]
a. 
Persons owning or occupying property, including tenants, lessees, occupants, or persons in charge, shall keep the sidewalk and gutter areas in front of their premises free of litter, which shall include any solid waste spilled by animals or vandals, dropped or thrown by unknown persons, blown by the wind or as a result of a defective or inadequate container. This subsection shall include residential tenants as well as commercial and industrial establishments.
b. 
For a first violation of subsection 3-1.3a, the minimum penalty, upon conviction of a violation, shall be a fine of $40. Should a person or entity receiving a summons under this subsection desire to plead guilty to the summons, same may be accomplished by paying the $40 prior to the designated court date and no Municipal Court appearance will be required.
[1982 Code § 3-2.4]
No person, while a driver or passenger in a vehicle shall throw or deposit litter upon any street, public place or upon private property.
[1982 Code § 3-2.5; Ord. No. 11-1991]
No person shall load, drive or move any truck or other vehicle unless the vehicle is so constructed or loaded so that the contents of the vehicle may be covered so as to prevent any load, contents or litter from dropping, sifting, leaking or otherwise escaping onto any street or other public place.
[1982 Code § 3-2.6]
No person shall throw or deposit any litter in any fountain, stream, river, skating rink or other body of water in a park or recreation area or elsewhere in the Borough.
[1982 Code § 3-2.7]
No person shall throw or deposit litter on any occupied or vacant private property, whether owned by such person or not, provided that the owner or person in control of the property may maintain private receptacles for the collection of litter.
[1982 Code § 3-2.8; Ord. No. 11-1991]
Every owner, lessee, tenant, occupant, or person in charge of any building or structure shall keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction and nuisances of every kind, and to keep the sidewalks, areaways, backyards, courts and alleys free from litter and other debris.
[Ord. No. 11-1991]
No person shall discard or dump any household or commercial solid waste in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. No. 11-1991]
No person shall keep or cause to be kept any open or overflowing commercial, industrial or residential waste disposal bins.
[Ord. No. 11-1991]
The accumulation of debris or litter is prohibited on or around construction sites, or its storage in such a manner that it is likely to be removed by natural forces onto adjacent property.
[Ord. No. 11-1991]
Any person causing the distribution of advertisements, handbills or unsolicited material of any kind to ensure that they will be securely placed at each dwelling so that they will not be blown away by natural forces; otherwise no person shall place any advertisement, handbill, circular or paper on or in any public street, sidewalk, building or vehicle within the municipality.
[1982 Code § 3-3.1]
It shall be unlawful for a person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others.
[1982 Code § 3-3.2; Ord. No. 14-90]
Without intending to limit the generality of subsection 3-2.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section.
a. 
Radios, Televisions, Phonographs. The playing, use or operation of any radio receiving set, television, musical instrument, phonograph, or other machine or device for the procuring or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of such a set, instrument, phonograph machine or device so that it is clearly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
b. 
Yelling, shouting or any loud or unreasonable noise in public at any time or place which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any person in the vicinity.
c. 
Animals, Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a dog pound or kennel licensed in accordance with Chapter 5 of this Revision.
d. 
Horns. The sounding of a horn or warning device on an automobile, motorcycle, bus or other vehicle except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as a warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or warning device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
e. 
Exhaust. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
f. 
Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.
g. 
Construction or Repair. The carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of construction, repair or alteration work by a homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Superintendent of Public Works may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between 8:00 p.m. and 7:00 a.m.
h. 
School, Courts, Churches, Hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.
i. 
Public Sales, Taxicabs. Public outcrys shall be prohibited at or for any public sale or auction or to advertise any goods, wares, or merchandise for sale or to attract any attention, or to gain passengers for any cab, taxicab, hack or omnibus.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
[1982 Code § 3-3.3]
Nothing herein contained shall be construed to apply to:
a. 
The use of bells, chimes or sound amplifiers by churches engaged in church activities.
b. 
Activities of Borough departments in the performance of their duties, drills or public demonstrations.
c. 
Activities in public parks, playgrounds or public buildings under permission or authority of Borough officials.
d. 
The playing by a band or orchestra in a hall or building or in the open air where duly authorized.
[1982 Code § 3-3.4]
Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Borough Council for each occasion and each location:
a. 
Sound trucks shall not be operated in residential zones in the Borough before 9:00 a.m. and after 7:00 p.m.
b. 
Sound trucks shall not be operated in commercial zones in the Borough before 9:00 a.m. and after 9:00 p.m.
c. 
Moving sound trucks shall keep to the extreme right hand side of the road and shall proceed at a speed of not less than 10 miles per hour.
d. 
Stationary sound trucks are prohibited in all residential zones in the Borough, but may be operated in commercial zones during the hours referred to above.
e. 
For purposes of this section, "residential zones" shall mean the zones so designated in the zoning regulations of the Borough and "commercial zones" shall mean and include all parts of the Borough other than residential zones.
[1982 Code § 3-1.1]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location.
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, by order of any court or otherwise.
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, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
[1982 Code § 3-1.2]
No person shall loiter in a public place in such 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 subsection 3-3.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
[1982 Code § 3-1.3]
Whenever any Peace Officer or Police Officer shall decide that the presence of any person in any public place is causing any of the conditions enumerated in subsection 3-3.2 he shall, 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.
[1982 Code § 3-1.4]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is convicted of 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, 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.
[1982 Code § 3-4.1]
When 12 or more persons, who are armed with clubs, guns, swords or other weapons, or 30 or more unarmed persons, are unlawfully, riotously or tumultuously assembled, refuse or fail to disperse and peaceably go to their homes or lawful business upon request or order of any Sheriff, Undersheriff or Police Officer, each such person shall be adjudged a disorderly person.
[1982 Code § 3-4.2]
The Mayor is hereby empowered to issue a proclamation charging and commanding all persons assembled in violation of subsection 3-4.1 to disperse immediately and peaceably go to their homes or lawful business, upon the pains and penalties of law. All Sheriffs, Undersheriffs and Police Officers shall be authorized to publicly read such proclamation issued by the Mayor at the place where such assembly shall be and to command silence while reading such proclamation. Any person among those so assembled who fails or refuses to maintain silence during the reading of such proclamation shall be judged a disorderly person and, upon conviction, shall be punished as provided by law.
[1982 Code §§ 3-15.1, 6-6]
No person shall drink, imbibe or consume any alcoholic beverage in or upon:
a. 
A public street, lane, roadway, avenue, sidewalk, public thoroughfare, public parking place, park, playground recreation area or any other public or quasi-public place.
b. 
A public conveyance.
c. 
A private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot or any quasi-public place.
d. 
Any private property not his own, without the express permission of the owner or other person having authority to grant such permission.
[1982 Code § 3-15.2]
Notwithstanding anything herein to the contrary, the Borough Council may, by resolution, permit the possession or consumption of alcoholic beverages in a designated park, recreation area or other public place at a designated time in connection with a special event, series of events or observance which has been authorized by the Borough Council. Such possession or consumption of alcoholic beverages shall, in addition, comply with any applicable ordinances, statutes or regulations.
[1982 Code § 3-11.1]
a. 
No person shall fire or discharge any gun, pistol or firearm of any description, except in the protection of life or property, within the Borough limits. No person shall carry or transport any rifle or shotgun of any description or caliber unless it is completely enclosed in a carrying case.
b. 
No person shall set off fire crackers, throw fire balls made of combustible materials, or fire or discharge any gun, pistol, or any kind of firearms or cannon in any public street within the Borough.
c. 
The provisions of this subsection, however, shall not apply:
1. 
To any military exercise.
2. 
To officers of this State, County or Borough, charged with the enforcement of the law, while such officers are on duty and in the performance of their duty.
[1982 Code § 3-11.2]
The Mayor and Council may, upon written application, grant to any gun club or other group or association a permit allowing the members of the gun club, group or association a permit allowing the members of the gun club, group or association to fire or discharge any gun, pistol or firearm while engaging in what is commonly termed target practice, upon conditions and restrictions to be fixed by the Mayor and Council. The application shall describe the place where target practice shall be held, the type and kind of firearm to be used, the type and caliber of the ammunition to be used, the name of the association or organization making such application and shall furnish such further information as may be required.
[1982 Code § 3-11.3]
Firing on the rifle range shall be permitted only in the presence of a qualified instructor. All guns shall be registered in accordance with State laws.
[1982 Code § 3-11.4]
No person shall, for the purpose of hunting, taking or killing of any fowl or animal, discharge a firearm, gun, rifle, bow and arrow or any devices likely to cause injuries to human beings, upon or across any State, County or municipal highway or street in the Borough where hunting is not otherwise specifically prohibited.
[1982 Code § 3-8.1]
Whenever the Chief of the Fire Department, Chief of Police or Health Officer of the Borough shall determine that there exists upon any lands lying within the limits of the Borough brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris, removal of which may be necessary and expedient for the public health, safety or general welfare or to eliminate a fire hazard, he shall file with the Mayor and Council a written report identifying the property and describing the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris, removal of which may be necessary and the reason or reasons for which such removal may be necessary.
[1982 Code § 3-8.2]
After receipt of such report, the Mayor and Council shall proceed to ascertain the condition existing upon and with respect to such lands and if the Mayor and Council determine that the removal of such brush, weeds, dead and dying trees, stumps, roots obnoxious growths, filth, garbage, trash or debris is necessary and expedient for the preservation of the public health, safety or general welfare or to eliminate a fire hazard, the Mayor and Council shall adopt a resolution to that effect. Such resolution shall also direct that the Borough Clerk give notice in writing to the owner or owners, tenant or tenants of such lands to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within 10 days after such notice. The notice herein provided for shall be served upon the owner and the tenant, if any, personally, if he or they are residents of the Borough or by leaving it at his or their usual place of abode, and shall be served upon a nonresident of Jamesburg by mailing it to his last known address as the same appears upon the last tax duplicate of the Borough.
[1982 Code § 3-8.3]
In the event that the owner or the tenant fails to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris within 10 days after such notice, the Borough shall cause the same to be done; the Borough Engineer shall certify the costs thereof to the Mayor and Council and the Mayor and Council shall cause such cost to be charged against the lands from which such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris shall have been removed. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be controlled and enforced by the same officers and in the same manner as taxes.
The imposition and collection of a fine or penalty imposed by the provisions of this section shall not constitute a bar to the right of the Borough to collect the costs of removal in the manner herein set forth.
[1982 Code § 3-9.1]
It is hereby determined and declared that the abandonment or storage out-of-doors of any motor vehicle not currently in use for transportation and not currently licensed or registered, on any public street or on any public or private lands within the Borough shall be contrary and inimical to the public welfare in that such vehicles so abandoned or stored attract or may attract young children who being so attracted may play in and about them and be injured in so doing, and in that such vehicles so abandoned or stored out-of-doors deteriorate and are unsightly and are detrimental to and depreciate the value of properties in the neighborhood where they are located and in the Borough as a whole.
[1982 Code § 3-9.2; Ord. No. 11-03 § 1]
As used in this section:
ABANDONED
Shall mean and include any motor vehicle, omnibus, road tractor, trailer, truck, truck-trailer or other vehicle which:
a. 
Is parked without the current year's registration or identification markers as required by law; or
b. 
Has been parked in any public street, or on any public lands for a period of 48 hours; or
c. 
Is so disabled as to constitute an obstruction of traffic and the driver or person owning, or in charge thereof neglects or refuses to move the same to a place where it shall not obstruct traffic; or
d. 
Is found to be mechanically inoperative and is allowed to remain inoperative for a period of 48 hours. Such period of time may be extended, for good cause, by the Police Department; or
e. 
Is found without one or more tires.
IMPOUND, IMPOUNDMENT, OR PLACE OF IMPOUNDMENT
Shall mean and refer to the sequestration of the vehicle, or junk automobile body at a place of storage.
JUNK AUTOMOBILE; JUNK AUTOMOBILE BODY
Shall mean any automobile which is no longer in actual use as a motor vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation or which has been discarded for use as a motor vehicle or otherwise abandoned.
MOTOR VEHICLE
Shall mean and be defined as any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor or other vehicle and shall have the meaning as ascribed to the foregoing words as contained and defined in N.J.S.A. 39:1-1 et seq.
PERSON
Shall mean any individual, firm, partnership, or corporation being the owner, or having any legal right in, or to the motor vehicle or other vehicle as herein defined. The term "person" when applied to lands, housing, residential, commercial or industrial units which are leased rather than owned by the occupants shall be deemed to mean and include the owner of the leased structures.
PLACE OF STORAGE
Shall mean and refer to such site or location as the Chairman of the Police Committee shall establish and provide.
POLICE DEPARTMENT
Shall mean the Police Department of the Borough.
[1982 Code § 3-9.3]
No person shall abandon, suffer or permit the abandoning of any motor vehicle, junk automobile, or junk automobile body, out-of-doors upon any public or private lands in the Borough, or on any public street or between the right-of-way side lines of any public right-of-way therein.
No person shall place, keep or store any junk automobile or junk automobile body, as heretofore defined in this section, or on any public or private property within the Borough.
[1982 Code § 3-9.4]
If any motor vehicle, junk automobile or junk automobile body shall be abandoned on private lands for five working days or more, it shall be presumed that the owner or tenant in possession of such lands has abandoned it there or permitted or suffered it to be abandoned there.
[1982 Code § 3-9.5]
Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any motor vehicle, junk automobile or junk automobile body in an enclosed garage, barn or other building. Nothing contained in this section shall be deemed to prevent any of the following activities from being conducted on private lands under the conditions or by the people referred to:
a. 
One motor vehicle within the definition set forth above, which does not possess the current year's registration, may be maintained on a single parcel of land having on it a single family residential dwelling as long as the motor vehicle is in a complete and operable condition.
b. 
Any person may maintain motor vehicles altered for drag or stock car racing as long as such motor vehicles are maintained on registered trailers.
c. 
Owners of motor vehicles being held for sale or resale in a commercial zone.
d. 
Owners of a motor vehicle which would otherwise come under the provisions of this section who are in the military service stationed outside the State of New Jersey.
e. 
Owners of antique motor vehicles which are classified as such under State statutes are exempt from the provisions of this section.
[1982 Code § 3-9.6]
Any person who possesses, owns or maintains a motor vehicle covered under any one of the exclusions referred to above shall obtain from the Chief of Police an exempt certificate which shall indicate that the motor vehicle in question comes under one of the exclusions referred to in subsection 3-12.5 above. The exempt certificate shall be valid for one year from the date of issuance. All owners of exempt certificates shall display the exempt certificate on the windshield or other prominent place on the motor vehicle in question so that it is readily observable by the enforcement officials under this section. No fees shall be charged for the issuance of an exempt certificate.
[1982 Code § 3-9.7]
Whenever any Officer of the Police Department finds any motor vehicle, junk automobile or junk automobile body which has been abandoned, kept or stored contrary to the provisions of this section, the Police Officer shall remove, secure the removal of, or impound such motor vehicle, junk automobile or junk automobile body in accordance with the procedures hereinafter set forth:
a. 
Public Property. Whenever any motor vehicle, junk automobile or junk automobile body is found on any public street, highway or public property, an emergency condition is herewith declared to exist and any Officer of the Police Department is hereby authorized to immediately remove, secure the removal of, or impound the motor vehicle, junk automobile or junk automobile body without the necessity of notice prior to impoundment. After impoundment, the Police Department shall use diligent efforts to identify and locate the owner of the impounded motor vehicle, junk automobile or junk automobile body and notify the owner.
b. 
Private Lands. Whenever a motor vehicle, junk automobile or junk automobile body is found on any private land in violation of this section, then any Officer of the Police Department shall affix to the vehicle in question a sticker bearing the information more particularly set forth on Exhibit 1 attached to this section and made a part hereof by reference and/or send notice to the property owner by certified mail. Such sticker or notice shall, in addition to such additional information as is provided, indicate that unless the violation is corrected within five working days so noted, the violation shall be continuing and any member of the Police Department or an agent of the Police Department, shall be authorized to proceed in accordance with the law to impound the motor vehicle, junk automobile or junk automobile body and to remove such motor vehicle, junk automobile, or junk automobile body to a place of storage.
c. 
Notice of Impoundment. Notice of impoundment of any motor vehicle, junk automobile or junk automobile body shall be given to the owner of the motor vehicle, junk automobile or junk automobile body or to the owner or tenant of lands upon which a violation is occurring pursuant to subsection 3-12.4 in writing, by Certified mail, at the last known address of the party to be served and shall contain the following:
1. 
The time and place of impoundment.
2. 
Location of the motor vehicle, junk automobile, or junk automobile body.
3. 
The reason for impoundment.
4. 
The amount and nature of penalties and costs that may be entered against him.
5. 
A statement that a sale of the motor vehicle, junk automobile or junk automobile body shall occur after 30 days if the motor vehicle, junk automobile or junk automobile body is not reclaimed.
The address of the owner as shown on the records of the State Division of Motor Vehicles shall be deemed sufficient for the purpose of this subsection.
d. 
Verification of Ownership; Notice to Director of Motor Vehicles. Upon the impoundment of any vehicle pursuant to this section, the Police Officer impounding the vehicle shall give immediate notice to the Director of Motor Vehicles on forms prescribed by him for verification of ownership.
e. 
Notice for Removal; Complaint. In lieu of impoundment, the Police Officer may cause to be issued a five-day notice to the assessed owner or tenant of the private property, to have the junked, wrecked or abandoned vehicle removed from the property in question by private means. If, after the expiration of the five-day notice, the assessed owner or tenant of the property fails to have the vehicle removed, a compliant shall be made in the Municipal Court for violation of this section.
[1982 Code § 3-9.8]
Whenever any motor vehicle, junk automobile, or junk automobile body impounded by the Police Department remains unclaimed for a period of 30 days, the motor vehicle, junk automobile or junk automobile body shall be sold under the direction of the Borough Clerk or his designee at public auction to the highest bidder. Such auction held shall take place after notice of such sale has been given at least seven days prior thereto by one publication in the newspaper circulated in the Borough and upon the mailing of a copy of the notice to the owner of the motor vehicle, junk automobile or junk automobile body or to the owner or tenant of the lands upon which a violation is occurring, and the holder of any security interest filed with the Director of the Division of Motor Vehicles by certified mail at least seven days prior to the sale. All revenue collected from the sale of the motor vehicle, junk automobile, or junk automobile body shall be retained by the Borough as a cost of administration.
[1982 Code § 3-9.9; New]
Any person guilty of a violation of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
A continuance of a violation or a noncompliance with the provisions of this section shall be deemed a nuisance and the Borough Council shall have the right to apply to the courts of this State for injunctive relief or other relief, in addition to the penalties provided for herein.
[1982 Code § 3-13; Ord. No. 17-96 § 3]
No person except children under the age of 10 shall ride upon any bicycle or tricycle or other noiseless vehicle, upon any sidewalk in the Borough, except when necessary to do so in passing from private premises to the street. Any person riding upon such vehicle shall ring a bell or sound a whistle at a distance of at least 50 feet from any street crossing or intersection over which any person may be passing, in such a manner as to give full and sufficient warning of such approach. Any person riding upon any such vehicle upon any street between one hour after sunset and one hour before sunrise shall carry and display a light.
[Ord. No. 10-89]
As used in this section:
SKATEBOARD
Shall mean a single platform which is mounted on wheels, having no mechanism or other device with which to steer or control the direction of movement thereof while being used, operated or ridden.
[Ord. No. 10-89]
No person shall use, operate or ride upon any skateboard on any public street, public sidewalk, public park, public parking lot or other public place within the Borough.
[Ord. No. 10-89]
Any Police Officer who shall observe any person using, operating or riding upon a skateboard in violation of this section shall take possession of the skateboard, and the same shall be forfeited to the Borough and destroyed.
[Ord. No. 10-89; New]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 10-04]
As used in this section, the following terms shall have the meanings indicated:
MOTORIZED SCOOTER
Shall mean a scooter that is propelled by a small motor located on the vehicle. The term "motorized scooter" shall not include electric personal assistive mobility devices as defined in N.J.S.A. 39:4-14.10, or any other motorized device which is necessary to provide mobility to persons with disabilities.
SCOOTER
Shall mean a vehicle that typically has two wheels with a low footboard between them, is steered by a handlebar and is propelled by pushing one foot against the ground while resting the other on the footboard.
[Ord. No. 10-04]
No person shall use, operate or ride upon an motorized scooter on any public street, public sidewalk, public park, public parking lot or other public place within the Borough. The motor need not be engaged in order for a person to be in violation of this prohibition.
[Ord. No. 10-04]
Any member of the Police Department who witnesses any person using, operating or riding upon a motorized scooter in violation of this section shall take possession of the motorized scooter, and the same shall be forfeited to the Borough and destroyed.
[Ord. No. 10-04]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-5.
[Ord. No. 17-92]
It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in or upon or to remain in or upon any public place which shall mean any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area, either on foot or in any vehicle within the confines of the Borough between the hours of 10:00 p.m. and 6:00 a.m. on each day of the week, provided that the provisions of this section shall not apply to a minor when accompanied by his parent, guardian or other adult person having custody, care and control of the minor, or in the event the minor is upon an emergency errand or legitimate business directed or consented to by his parent, guardian or other adult person having care and custody of the minor.
[Ord. No. 17-92]
It shall be unlawful for the parent, guardian or other adult person having the care or custody of a minor under the age of 18 years to permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon any public place which shall be defined as previously above stated, either on foot or in any vehicle within the confines of the Borough between the hours set forth above, provided that the provisions of this section shall not apply to a minor accompanied by his parent, guardian or other adult person having the care or custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person having the care and custody of the minor.
[Ord. No. 17-92]
It shall be unlawful for any owner or operator of any establishment as set forth above to permit a minor to loiter, idle, wander, stroll, or play in or remain in or be upon the public streets and other places as set forth above during the times and subject to the provisions contained therein.
[Ord. No. 17-92]
The provisions of this section shall not apply to any minor under the age of 18 years who is gainfully employed, who is a bona fide student of a school of evening instruction; who is in attendance at a function sponsored by a religious, school, or community sponsored organization, or who is in attendance at a properly supervised cultural, educational, or recreational program during the time that is necessarily required to travel between such minor's residence and the place of assembly.
[Ord. No. 17-92]
If a medical emergency arises which necessitates a minor under the age of 18 years to be dispatched upon an errand requiring his presence upon any street or other public place or area open to the public during the hours to which the use thereof by such unattended minor child is prohibited by this section, such child shall have in his possession a note or message, in writing by the person of his household over the age of 21 years, stating the nature of the errand, the necessity thereof, and the place or destination at which the mission is to be accomplished, the time such message was executed, and the approximate time required for the errand. Any abuse of this section shall constitute a violation of this section.
[Ord. No. 17-92]
a. 
Procedure. The Police Officers of the Borough, or any authorized or constituted persons charged with law enforcement within the Borough, shall be the persons authorized to find any minor under the age of 18 years upon any other streets or other public places enumerated above during the prohibited hours and to take the name and address of such minor and the name and address of the parents, guardian or other adult person having the legal care or custody of the child. The authorized person shall immediately escort such minor to his home. The name of the minor and of his parents, guardian or other person having the legal care or custody shall be forwarded to the Jamesburg Police, who shall sign a complaint for the violation of this section in all cases where it reasonably appears from the facts that a violation has occurred.
b. 
First Complaint. The first complaint shall be in the form of a formal notice upon all persons whose names appear in the report of the apprehending Officer or official or in any inquiry made as a result of such report, who have or seem to have any legal or moral responsibility for the well-being of the minor child involved that there has been a violation of this section. The notice prescribed shall be captioned "Notice of First Violation of Curfew Ordinance" and shall contain all of the pertinent facts in any given case. Such notice shall be served personally by any member of the Police Department or mailed by certified letter. For the purpose of this section, such notice, when produced and admitted as evidence in the Municipal Court of the Borough shall constitute the basis upon which the Court can entertain jurisdiction for the hearing of the case.
c. 
Subsequent Violations. Upon a second or subsequent violation of the provisions of this section by either a minor child under the age of 18 years or by any parent, legal guardian or otherwise duly authorized and accredited custodian having lawful care or custody of such minor child, or owner or operator of a business establishment, the Police Officer or other authorized official charged with law enforcement within the Borough shall cause an appropriate summons to be issued calling for the appearance of the minor child and other persons who appear to have either a legal or moral responsibility for the care and welfare of such child and any of the persons in any other categories specified in this section.
[Ord. No. 17-92; New]
Any person who violates any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5 and if both a juvenile and the juvenile's parent or guardian shall violate this section, they shall be required to perform community service together.
[Ord. No. 20-88; Ord. No. 21-88 § 1; Ord. No. 21-01 § 1]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the Drug Free Zone Map produced on or about October 15, 1998, last revised August, 2000, by the Borough Engineer is hereby approved and adopted as an official finding and record depicting the location of the following and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and the areas on or within 1,000 feet of such property.
a. 
Any property used for school purposes and which is owned by or leased to any elementary or secondary school or school board;
b. 
All areas on or within 1,000 feet of such school property referenced in paragraph a above;
c. 
Any property which is the site of a public housing facility, a public park, or building, as defined in N.J.S.A. 2C:35-7.1; and
d. 
All areas on or within 500 feet of any public housing facility, any public park, or any public park building, as referenced in paragraph c above.
[Ord. No. 20-88 § 2; Ord. No. 21-01 § 1]
The Drug-Free Zone Map approved and adopted pursuant to subsection 3-21.1 shall continue to constitute an official finding and record as to the location and the boundaries of the areas referenced in subsection 3-21.1 until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of such areas.
[Ord. No. 20-88 § 3; Ord. No. 21-01 § 1]
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. No. 20-88 § 4; Ord. No. 21-01 § 1]
The Borough Clerk is hereby directed to receive and keep on file the original map approved and adopted pursuant to subsection 3-21.1, and to provide at reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with certification that such a copy is a true copy of the map approved and adopted herein and kept on file. It is hereby directed that a true copy of such a map and of this section shall be provided without cost to the County Clerk and to the office of the Middlesex County Prosecutor.
[Ord. No. 20-88 § 5; Ord. No. 21-01 § 1]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-21.1 was prepared and intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes;
4. 
The location and boundaries of all areas which are on or within 1,000 feet of such school property;
5. 
The location and boundaries of all properties which are the sites of public housing facilities, public parks and public buildings within the municipality;
6. 
That the properties referenced in paragraph 5 above continue to be used for the purpose of public housing facilities, public parks and/or public buildings; and
7. 
The location and the boundaries of all areas which are on or within 500 feet of the properties referenced in paragraph 5 above.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.
c. 
All of the property depicted on the map approved and adopted herein as the property of public housing facilities, public parks, and public buildings was being used for such purposes as of January 9, 1998, that being the effective date of N.J.S.A. 2C:35-7.1.
d. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of map or diagram other than one approved and adopted pursuant to subsection 3-21.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for the purposes referenced in this section, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and the boundaries of such property which have not yet been incorporated into the revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes or for any of the other public purposes referenced in this section.
e. 
All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free Zone map have been complied with.
[Ord. No. 11-94]
FALSE ALARM
Shall mean the activation of a security or fire alarm system by causes other than those to which the alarm system was designed or intended to respond. False alarms shall not include activation caused by power or phone line interruptions, where such interruptions have been reported to the Police.
[Ord. No. 11-94]
False alarms created by any act of God shall not be subject to penalty hereunder.
[Ord. No. 11-94]
In the case of a false alarm, any person having knowledge of false security or fire alarms shall immediately notify the Police Department. In addition, the Police Chief or Police Officer, the Fire Chief, Fire Prevention Officer or Senior Fire Official in charge summoned to the scene shall cause an investigation to be made and keep a record of the alarms on file.
[Ord. No. 11-94]
For false alarms, the following penalties shall apply: first false alarm in a calendar year, $20; second false alarm, $50; third and all subsequent false alarms, $100 shall be paid to the Borough of Jamesburg.
[Ord. No. 11-94]
In the event that the Municipal Court determines that the false alarm(s) occurred as a direct result of an interruption of electrical power, a telephone system malfunction, an alarm equipment malfunction or other causes clearly beyond the control of the owner, the Municipal Court may waive imposition of the applicable false alarm penalty or administrative sanction.
[New; Ord. No. 22-00 § 2]
No person shall, within the limits of the Borough of Jamesburg, engage in any of the following activities:
a. 
Engage in any practice, sport or exercise having a tendency to annoy or interfere with persons passing on the streets or sidewalks of the Borough.
b. 
Loiter, lounge, sleep or create a disturbance on any street, sidewalk or other public place or in or about any park, public building, school, store or other business establishment, or utter any loud and offensive or indecent language or make offensive remarks to any person or persons passing along, in or upon any such sidewalk, street, park, school, store or other public place or business establishment.
c. 
Congregate with others on a sidewalk, street, park, school, store or other public place or business establishment and refuse to move when ordered by the Police.
d. 
Obstruct, molest, hinder, annoy, frighten, threaten, insult or interfere with any other person lawfully upon the streets, parks, public places or in any automobile, bus or other public or private conveyance lawfully upon any street.
e. 
Permit any house, shop, store or other building or structure owned or occupied by him or her to be used, frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers, vagrants or common mendicants.
f. 
Throw or discard any tin cans, paper posters, glass, metal or any hard or dangerous substance whatsoever upon any public street, sidewalk, highway or public place.
g. 
Commit or attempt to commit an assault or an assault and battery either in a public or private place, or aid or assist or abet any person about to commit or attempt to commit an assault or an assault and battery.
h. 
Make or assist in making any riot, noise or disturbance at any house, shop, theater or other place of amusement.
i. 
Appear on any street or in any park or other public place or in public view in a state of nudity, or make any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner.
j. 
Maliciously destroy, damage or injure any property, public or private.
k. 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating smoke or order, or any smoke or odor that may be vile, offensive, obnoxious or nauseating to any of the residents of the Borough.
l. 
Station himself on the streets or follow pedestrians for the purpose of soliciting alms, or solicit alms on the streets without lawful authority.
m. 
Enter any building or trespass upon lands belonging to the Board of Education of the Borough of Jamesburg, or break or injure or deface such building or any part thereof or the fences or outbuildings belonging to or connected with such building or lands, or disturb the exercises of such school or molest or annoy the children attending such school or any teachers thereof.
n. 
Hinder or obstruct any Officer in the performance of his duties, or willfully refuse or neglect to assist any Officer when lawfully called upon by him so to do in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of any escape or when such Officer is resisted in the discharge of his duty, or knowingly resist or oppose any Officer or person authorized by law in serving or attempting to serve any writ, bill, order or process or when making any arrest, either with or without a warrant.
o. 
Intentionally enter upon or trespass upon the land or property of any person without permission to do so.
p. 
Invade the privacy of any person by going upon the private property of others in stealth and at night for the purpose of "peeping" through windows, doors or other openings, thereby engaging in conduct associated with what is commonly known as a "Peeping Tom." No person shall surreptitiously or sneakingly invade the privacy of another by peering into the windows or other openings of private dwelling places; and, in addition thereto, no person shall surreptitiously or sneakingly invade the privacy of another by peering into the windows or other openings of private or public facilities made available to any individual or the general public as lavatory facilities or dressing rooms for no lawful purpose.
q. 
Upon apprehension, be unable to give a good account of himself or be engaged in an illegal occupation and be in the Borough for an unlawful purpose. In any prosecution under this section, the fact that the person apprehended cannot give a good account of himself or is engaged in an illegal occupation shall be prima facie evidence that he is present in the Borough for an unlawful purpose.
r. 
Accost or approach any person of the opposite sex unknown to such person by word, sign, or gesture, attempt to speak to or to become acquainted with such person against his or her will, upon a public street or other public place in this Borough, except in the transaction of legitimate business.
s. 
Attempt to entice or procure a person of the opposite sex to commit an unlawful act, or accost or approach any person and by word, sign or gesture suggest or invite the doing of any indecent or unnatural act.
t. 
Any person, while operating a motor vehicle on any street or highway in the Borough of Jamesburg, who knowingly flees or attempts to elude any Police or law enforcement Officer after having received any signal from such Officer to bring the vehicle to a full stop is a disorderly person.
u. 
No person under the age of 17 years shall be permitted to be on the streets and/or public areas of the Borough after 8:00 p.m. on October 30 or 9:00 p.m. on October 31 of each year unless accompanied by a parent or guardian.
v. 
At intersections where traffic is directed by a Police Officer or a traffic signal, no pedestrian shall enter upon or cross the highway at a point other than a crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
w. 
Where traffic is not controlled and directed either by a Police Officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a crosswalk, and where not otherwise prohibited at right angles to the intersecting street.
x. 
No person shall engage in any sport, game or other activity which endangers, frightens or annoys persons in any public place.
y. 
The following provisions shall apply to the idling of diesel-powered motor vehicles.
1. 
No persons shall cause, suffer, allow or permit the engine of a diesel-powered motor vehicle to idle for more than three consecutive minutes if the vehicle is not in motion, except:
(a) 
A motor vehicle at the vehicle operator's place of business where the motor vehicle is permanently assigned may idle for 30 consecutive minutes; or
(b) 
A motor vehicle may idle for 15 consecutive minutes when the vehicle engine has been stopped for three or more hours.
2. 
The provisions of paragraph 1 above shall not apply to:
(a) 
A diesel bus while it is discharging or picking up passengers.
(b) 
A motor vehicle stopped in a line of traffic.
(c) 
A motor vehicle whose primary power source is utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or passenger compartment air conditioning.
(d) 
A motor vehicle being or waiting to be examined by a State or Federal motor vehicle inspector.
(e) 
An emergency motor vehicle in an emergency situation.
(f) 
A motor vehicle while it is being repaired.
(g) 
A motor vehicle while it is engaged in the process of connection or detachment to a trailer or of exchange of trailers.
(h) 
A motor vehicle, manufactured with a sleeper berth, while it is being used, in a nonresidentially zoned area, by the vehicle's operator for sleeping or resting, unless the vehicle is equipped with a functional auxiliary power system designed in whole or in part to maintain cabin or sleeper berth comfort or to mitigate cold weather start-up difficulties.
z. 
No person shall cause, suffer, allow or permit any emission control apparatus or element of design installed on any diesel-powered motor vehicle or diesel engine to be disconnected, detached, deactivated, or in any other way rendered inoperable or less effective, in respect to limiting or controlling emissions than it was designed to be by original equipment or vehicle manufacturer except for the purposes of diagnostics, maintenance, repair or replacement and only for the duration of such operations.
[Ord. No. 20-02 § 1]
The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
AUTOMOBILE
Shall mean a private passenger automobile, station wagon, or pickup truck.
BASIC TOWING SERVICE
Shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility and other services normally incident thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object within the right-of-way or berm.
INSIDE BUILDING
Shall mean a vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles and that is secured by a locking device on each opening.
OUTSIDE SECURED
Shall mean an automobile storage facility that is not indoors and is secured by a fence, wall or other manmade barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night.
OUTSIDE UNSECURED
Shall mean an automobile storage facility that is not indoors and is not secured by a fence, wall, or other manmade barrier and all other storage facilities not defined above as inside building or outside secured.
TOW VEHICLE
Shall mean a vehicle equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal and transport of private passenger automobiles.
TRUCK
Shall mean any motor vehicle other than an automobile as defined above and which requires heavy duty towing.
[Ord. No. 20-02 § 1]
Whenever a police officer orders the removal of automobiles from private or public property, the officer shall utilize the rotation lists established in subsection 3-24.3 of this section.
[Ord. No. 20-02 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Towing contractors shall submit, no later than October 31 of each year, a detailed certification that the towing contractor meets the requirements of this section. Said certification shall be submitted to the Purchasing Official for his/her review and approval. Failure to submit the certification or failure to continue to abide by the requirements of this section shall subject the official tower to removal from the towing list. The application fee for the tower's list shall be $100.
The Borough Council shall establish annually, by resolution, a list of automobile towing contractors and a list of truck towing contractors to be utilized by the Police Department on a rotating basis. An operator may, if qualified, be on both lists. Such lists shall be utilized by members of the Police Department on a nonexclusionary and nondiscriminatory basis.
[Ord. No. 20-02 § 1]
All towing service operators on the list shall comply with the following:
a. 
Road service must be available 24 hours a day, seven days a week. Towing services must respond to all service requests made. Service requests missed by the operator shall be reviewed by the Chief of Police and may be construed as a violation of this section.
b. 
Towing services must respond within 15 minutes of receipt of the original phone call request by the Police Department.
c. 
Vehicle release must be available from the hours of 8:00 a.m. until 8:00 p.m., Monday through Friday, and 9:00 a.m. until 5:00 p.m., Saturday and Sunday. During all other hours, and legal holidays, vehicles may be released. Refer to miscellaneous service fees.
[Ord. No. 20-02 § 1]
All towing operators shall meet the following equipment requirements:
a. 
For classification as an automobile towing service the operator must possess an adequate number of flatbed style tow trucks and hoist-type tow trucks to meet the requirements outlined in subsection 3-24.4.
b. 
For classification as a truck towing service, the contractor must, in addition to the equipment requirement set forth in subsection 3-24.5a, have an adequate number of vehicles capable of towing a fully loaded tractor trailer weighing 80,000 pounds to meet the requirements outlined in subsection 3-24.4.
c. 
All tow vehicles must carry the following equipment:
1. 
Push broom.
2. 
Shovel.
3. 
Fire extinguisher.
4. 
Jumper cables.
5. 
Tire changing equipment.
6. 
Jack.
7. 
Hammer.
8. 
Pry bar or similar tool.
9. 
Speedy dry or similar liquid absorbent.
d. 
All towing vehicles must have amber emergency warning lights mounted on the vehicle so as to warn approaching traffic of their presence. The size and location of these lights must conform to New Jersey Division of Motor Vehicle standards. The operator must have an amber light permit.
e. 
All towing vehicles must carry a copy of the rate schedule set forth in subsection 3-24.8. Said schedule must also be displayed in a conspicuous manner at the operator's place of business.
[Ord. No. 20-02 § 1]
All equipment must be maintained in good working order and be available for periodic inspection by a member of the Jamesburg Police Department.
[Ord. No. 20-02 § 1]
a. 
The operator shall employ a sufficient number of employees to comply with the minimum operator requirements.
b. 
No person shall be employed by the operator for this service unless he has obtained a record check and has been approved by the Chief of Police. A conviction of a criminal offense or suspension of a driver's license within the past year shall be a cause for disqualification as a driver.
c. 
All drivers of the operator shall be over the age of 18 years and must have a valid New Jersey State driver's license.
d. 
The operator shall, at the time of his application, submit to the Borough, the names, addresses and driver license numbers of all proposed drivers and employees who will be rendering services on behalf of the operator. In order to keep information current, the contractor shall be required to submit any and all changes of drivers to the Chief of Police immediately upon the change.
e. 
The service, equipment, and personnel are subject to periodic inspections and approval by the Borough.
f. 
Complaints of any kind, relative to service, overcharging, theft of parts, damage to towed or stored vehicles, discourteous treatment and the like shall be referred to the Chief of Police for investigation. Such complaints may be cause for imposition of the penalties enumerated under subsection 3-24.16 of this section.
[Ord. No. 20-02 § 1]
The fees shall be as set forth in the Borough Schedule of Fees Ordinance as found on file in the office of the Borough Clerk.
[Ord. No. 20-02 § 1]
No impounded vehicle is to be released without proper authorization from the Police Department. Vehicle release must be available as set forth in subsection 3-24.4c of this section. The operator may dispose of abandoned vehicles in accordance with the provisions of N.J.S.A. 39:10A-8 et seq.
[Ord. No. 20-02 § 1]
a. 
Any vehicle which is not claimed by the owner within five days of impoundment shall be reported by the operator storing the vehicle to the Police Department, pursuant to N.J.S.A. 39:10A-1 through 7.
b. 
After expiration of the five-day period, the Police Department shall make application for title to the Division of Motor Vehicles as per standing general orders. Vehicles which remain unclaimed after all requirements of the general orders are met shall be auctioned off to recover towing costs, pursuant to N.J.S.A. 39:10A-1 through 7.
c. 
Any operator found to be disposing of vehicles in violation of this procedure will be charged with misapplication of entrusted property (N.J.S.A. 2C:21-15) and will be prohibited from providing service for Jamesburg.
d. 
Titles shall be processed in accordance with New Jersey laws and regulations. A fee of $75 will be paid to the Borough by the towing service for processing a clear title. No fee will be paid to the Borough by the towing service for processing of a junk title.
[Ord. No. 20-02 § 1]
a. 
The owner of any vehicle towed shall have the right to remove property belonging to him or her from the stored vehicle unless a "Police Hold" is marked on the towing form.
b. 
The vehicle owner or his or her representative shall have the right to take photographs of stored vehicles.
[Ord. No. 20-02 § 1]
Each operator on the approved lists shall furnish the Borough Clerk with a certificate of insurance from an insurance company satisfactory to the Borough. Each certificate of insurance shall not be changed or cancelled without giving 10 days' prior written notice to the Borough by certified mail, return receipt requested. Specific reference to the rotating lists of towing operators shall be made on all policies of insurance.
Each operator must have bodily injury liability, property damage liability, employers liability and motor vehicle liability coverages with combined policy limits of $1,000,000. Each approved operator must also have statutorily required workers' compensation coverage.
Each operator shall indemnify and save the Borough harmless from all damages and claims for damages which may be made by any person for bodily injury or property damages as a result of the operator's performing pursuant to this section.
The Police Department is designated to enforce the provisions of this section in accordance with due process law.
[Ord. No. 20-02 § 1]
This section and the fee schedule of individual towers shall be available to the public during normal business hours.
[Ord. No. 20-02 § 1]
a. 
In all of his dealings with the public in connection with the contract, the operator is expected always to act in a professional manner and at all times to be courteous and respectful toward members of the public, as well as representatives of the Borough of Jamesburg. While members of the public, especially those whose cars may have been towed or impounded, may at times resort to strong language, threats and unbecoming behavior toward the operator, the operator is expected to exercise restraint and not to respond in kind and thereby reflect unfavorably on the Borough of Jamesburg and/or the Police Department.
b. 
Repeated reports of discourteous behavior by the operator, which can be substantiated and documented, may be considered by the Borough as sufficient cause for termination of the contract.
[Ord. No. 20-02 § 1]
a. 
Any contractor who violates any subsection of this section, except subsection 3-24.10, Abandoned or Unclaimed Vehicles, shall be subject to suspension of towing privileges for one month for a first offense, three months for a second offense and six months for a third offense. If the contractor commits a fourth offense, its right to provide towing services to the Borough shall be permanently revoked.
b. 
Any contractor who violates the Operator Rate Schedule shall receive a fine of $100 and suspension of towing privileges for one month. A second violation will result in a fine of $250 and suspension of towing privileges for six months. A third violation will result in a fine of $500 and permanent revocation of towing privileges. A periodic inquiry of customer billing, to ensure contractor is conforming to rate schedule may be performed by a member of the Borough Police Department.
c. 
In all cases, if a contractor overcharges a vehicle owner, the excess moneys paid will be returned by the contractor.
d. 
A towing operator may be removed from the annual list by resolution of the Borough Council if its performance is determined to be unreliable or inadequate. If there is a breach of any of the provisions of this section or applicable regulations, an operator may be removed from the list by the Chief of Police pending action by the Borough Council.
[Ord. No. 15-04 § 3-25.1]
As used in this section, the below terms shall be attributed the following meanings:
a. 
Cosponsored program shall mean any program, including those of a NYSO or JYP, as defined herein, which receives benefits, either directly or indirectly, including but not limited to the provision of funding and/or the provision of fields, facilities, and/or equipment (and including the maintenance of same), from the Borough of Jamesburg.
b. 
Criminal history background check shall mean a review and determination as to whether a person has any prior criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and the Bureau of Identification in the Division of State Police.
c. 
Employee shall mean an individual who receives compensation from the Borough of Jamesburg, from a private entity; or from a nonprofit entity, monetary or otherwise, which compensation results from his or her involvement with or employment by a NYSO or JYP, as defined herein, which is sponsored or cosponsored by the Borough of Jamesburg.
d. 
Jamesburg Youth Program or JVP shall mean any program offering recreational, cultural, charitable, social and/or other activities or services for persons younger than 18 years of age, including but not limited to sports leagues, which are funded and/or administered in whole or in part by the Borough of Jamesburg.
e. 
Nonprofit youth serving organization or NYSO shall mean a corporation, association or other organization established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of this State but excluding public and nonpublic schools, and which provides recreational, cultural, charitable, social and/or other activities or services for persons younger than 18 years of age, and is exempt from Federal income taxes.
f. 
Review Committee shall mean a committee consisting of the Police Committee of the Borough of Jamesburg (or, if circumstances require, a sufficient number of the same to otherwise constitute a quorum). The Review Committee shall be charged with the review of all appeals filed by any employee or volunteer who is disqualified from service in a NYSO or JYP program resulting from a criminal history background check. Each member of the Review Committee shall have one vote of equal weight.
g. 
Sponsored program shall mean any program including those of a NYSO or JYP, as defined herein, run directly by the Borough of Jamesburg Recreation Department including oversight control and/or fiscal contribution.
h. 
Unsupervised direct access to minors shall mean the ability to have interaction with a person or persons who is/are younger than 18 years of age without the constant observation of the parent(s) or guardian(s) of the youth(s) or without the constant observation of a representative of law enforcement.
i. 
Volunteer shall mean any individual who does not receive compensation from the Borough, from a private entity or from a nonprofit entity, monetary or otherwise, resulting from his or her involvement with a NYSO or JYP as defined herein, which is sponsored or cosponsored by the Borough of Jamesburg, but who still involves himself or herself with such program and provides his or her services free of charge (monetary or otherwise).
[Ord. No. 15-04 § 3-25.2]
a. 
Background Check Requirement; Grace Period. The Borough of Jamesburg hereby requires that every existing or prospective employee or volunteer of a NYSO or JYP which is sponsored or cosponsored by the Borough, who has or will have unsupervised direct access to minors shall submit himself or herself to a criminal history background check. This background check shall be initiated by the existing or prospective employee or volunteer through the Jamesburg Borough Police Department as set forth in more detail in subsection 3-25.3 below and shall involve a review of fingerprints and other pertinent data by the Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. All existing employees or volunteers shall have a thirty-day grace period from the effective date of this section to request the necessary criminal history background check through the Jamesburg Borough Police Department. All prospective employees or volunteers shall be required to complete the necessary criminal history background check process prior to their commencement date of service with said organization(s).
b. 
Costs. The Borough of Jamesburg shall bear the costs associated with conducting the criminal history background checks referenced in the preceding paragraph, in accordance with the fees set forth in N.J.S.A. 15A:3A-2(d).
[Ord. No. 15-04 § 3-25.3]
a. 
Individuals who are required to undergo a criminal history background check pursuant to the requirements of subsection 3-25.2 above shall submit their name, address, fingerprints, written consent and any other data deemed necessary by the Jamesburg Chief of Police (or his designee) to the Jamesburg Borough Police Department. The Chief of Police shall coordinate the background check.
b. 
The Chief of Police is hereby authorized to exchange fingerprints and all other pertinent information submitted by the employee or volunteer with, and receive criminal history record information from, the Federal Bureau of Investigation, Identification Section and the Division of State Police, Bureau of Identification and such other law enforcement agencies and jurisdictions as may be necessary for the purposes of this section.
c. 
The Jamesburg Police Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history background checks pursuant to this section.
[Ord. No. 15-04 § 3-25.4]
Any person who by virtue of his or her occupation, was required by statute or otherwise to undergo a Federal and State criminal history background check that is as comprehensive as the background check required herein, is exempt from the requirements of this section unless two years have elapsed from the date of the most recent background check. The individual must provide proofs of the date and results from the background check to the Chief of Police.
[Ord. No. 15-04 § 3-25.5]
Whether an individual is required to submit himself or herself to a criminal history background check pursuant to subsection 3-25.2 above, or is initially exempt from such requirement pursuant to subsection 3-25.4 above, the individual shall not be permitted to continue serving the NYSO or JYP in any capacity where the individual may have unsupervised direct access to minors unless the latest criminal history background check which is on file with the Chief of the Jamesburg Police Department was performed within the prior two-year period.
[Ord. No. 15-04 § 3-25.6]
a. 
A person shall be disqualified from serving as an employee or volunteer of a NYSO or JYP which is sponsored or cosponsored by the Borough if that person's criminal history background check reveals a record of conviction of any crime or disorderly offense:
1. 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (criminal homicide); N.J.S.A. 2C:12-1, et seq. (assault, reckless endangering, threats); N.J.S.A. 2C:13-1 et seq. (kidnapping and related offenses); N.J.S.A. 2C:14-1, et seq. (sexual offenses), or N.J.S.A. 2C:15-1, et seq. (robbery); or
2. 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.; or
3. 
Involving theft and related offenses as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
4. 
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except for N.J.S.A. 2C:35-10(a)(4).
b. 
A person shall be disqualified from serving as an employee or volunteer of a NYSO or JYP which is sponsored or cosponsored by the Borough if that person's criminal history background check reveals a record of conviction of any crime or offense in another jurisdiction which, if committed in New Jersey, would constitute any of the crimes or offenses set forth in paragraph a above.
c. 
A person shall not be disqualified from serving as an employee or volunteer of a NYSO or JYP which is sponsored or cosponsored by the Borough for a pending charge that if resulted in a conviction, would otherwise serve to disqualify the person. However if such a pending charge does exist, the employee or volunteer has a duty to report the charge(s) disposition, and the person may then be subject to disqualification following any conviction.
[Ord. No. 15-04 § 3-25.7]
If, following the completion of the criminal history background check and receipt of the results from the New Jersey State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, a disqualifying conviction exists as set forth in subsection 3-25.5 above, then the Chief of Police shall notify the volunteer or employee in writing via certified and regular mail, with a courtesy copy sent via regular mail to the head administrator of the NYSO or JYP in which the volunteer or employee serves or wishes to serve, of that person's disqualification to serve with the NYSO or JYP in capacity where that person may have unsupervised direct access to minors. The written notice shall not divulge any information regarding the nature of the conviction(s); rather, the written notice shall simply state that the volunteer or employee is disqualified pursuant to this section. The written notice shall also state that the individual may appeal the determination by filing a written notice of appeal in accordance with the requirements of subsection 3-25.8 below.
[Ord. No. 15-04 § 3-25.8]
a. 
Grounds for Appeal. Any current or prospective volunteer or employee of a NYSO or JYP which is sponsored or cosponsored by the Borough who is disqualified by the Chief of Police may appeal that determination for good cause shown. Good cause shall include but is not limited to the following: the background check produced inaccurate or incomplete information; the age of the individual at the time of the offense or crime and conviction; the nature and circumstances underlying the conviction indicate that the individual does not presently pose a threat; the conviction arose out of an isolated incident; the conviction(s) and underlying incident(s) are not relevant to the position sought; since the conviction, the individual has taken significant steps towards rehabilitation, including but not limited to counseling, treatment, schooling, vocational training, and successful completion of a court ordered program; an individual with supervisory responsibilities over the appealing party gives a recommendation on his or her behalf.
b. 
Notice of Appeal. Any current or prospective volunteer or employee may file an appeal from the Chief of the Police's determination by filing a written notice of appeal with the Clerk of the Borough within 30 days of his or her receipt of the written notice of disqualification from the Chief of Police.
c. 
Notice of Hearing. Within 15 days of the filing of a written notice of appeal, the Review Committee shall send a written notice to the applicant via certified and regular mail providing a hearing date no later than 45 days from the filing of the notice of appeal. The Review Committee's letter shall inform the individual that he or she has the right to be represented by counsel and that he or she may call witnesses and present documentation on his or her behalf. The letter shall further explain that the individual shall, on or prior to the date of the hearing, provide the Review Committee with all documentation, including but not limited to police reports and court dispositions relating to the subject conviction(s). The letter shall further state that the Review Committee's decision may be rendered faster following the hearing if the individual provides said documentation prior to the hearing date.
d. 
Hearing. The hearing before the Review Committee shall be closed to the general public. It shall be attended only by members of the Review Committee legal counsel for the Borough of Jamesburg, the Chief of the Jamesburg Police Department (or a Borough Police Officer designated by the Chief to substitute), the appealing individual, his or her attorney if so retained, and any witnesses who desire to speak on behalf of the appealing individual. The hearing shall consist of questions directed toward the appealing individual by the Review Committee, the Chief of the Jamesburg Police Department (or his designee), and legal counsel for the Borough of Jamesburg. During the course of the hearing, the appealing individual shall be given the opportunity to read a prepared statement, to speak freely, and/or to present witnesses and/or documentation on his or her behalf.
e. 
Determination. Immediately following the hearing or shortly thereafter, the Review Committee and legal counsel for the Borough of Jamesburg shall meet to discuss the appeal. Factors including but not limited to the following shall be considered as appropriate: the age of the individual at the time of the offense and conviction; the nature and seriousness of the offense and conviction; the harms to individual and/or society arising out of the incident(s) underlying the conviction(s); the date of the conviction(s); whether the individual demonstrates the he or she has been rehabilitated; the input of others with supervisory roles over the appealing individual; the candor of the appealing individual; whether the offense was an isolated incident or part of a pattern of behavior; and whether the individual is suited for unsupervised direct access to minors.
Thereafter, a vote shall by taken by the Review Committee to affirm or overrule the Chief's disqualification. The Chief's determination of disqualification shall be affirmed unless there is a unanimous vote to overrule it. The Review Committee shall send a written decision statement to the appealing party via certified and regular mail within 30 days of the hearing. The written decision shall consist of (1) a statement of the Review Committee's disposition; (2) a concise statement of reasons leading to the disposition; and (3) a statement of the vote count without identifying which members voted for or against the appeal. The appropriate length and content of the decision statement shall be dictated by the nature of the documentation provided and witnesses who spoke on behalf of the appealing individual as well as the explanation provided by the appealing individual him or herself. In addition to the written notice provided to the appealing party, the Review Committee shall send a letter to the NYSO or JYP indicating that the disqualification of its employee or volunteer was either affirmed or overruled. The letter shall contain no other information.
[Ord. No. 15-04 § 3-25.9]
The Chief of Police and other police personnel shall limit their use of the criminal history background information obtained as a result of the requested search to the making of the Chief's determination as to whether the subject employee or volunteer of the NYSO or JYP is disqualified by this section. Should an appeal follow, the Chief is authorized to provide the results of the search to the Review Committee. The Review Committee shall limit its use of the criminal history background information to its determination as to whether the Chief's disqualification should be affirmed or overruled. Following the appeal, the subject records shall be returned to the Jamesburg Police Department where they shall be sealed. If no appeal follows the Chief's determination, then the records shall remain with the Jamesburg Police Department where they shall be sealed. Information obtained as a result of the search shall not be disseminated to any other individual or entity in any form. Any person violating Federal or State regulations governing the access to criminal history record information may be subject to criminal and/or civil penalties.
[Ord. No. 15-04 § 3-25.10]
The NYSO or JYP as applicable shall be required to monitor compliance with the requirements of this section as it relates to the submission of its volunteers and employees to a criminal history background check. The NYSO or JYP shall not permit any of its volunteers or employees to have unsupervised direct access to minors until such volunteers and/or employees have first been cleared by the Chief of Police or Review Committee as appropriate. Failure to comply with this section may result in the Borough of Jamesburg withholding funding for the NYSO or JYP or any of their programs, leagues and/or activities. For failure to comply, the Borough of Jamesburg may also prohibit the NYSO or JYP from using fields, facilities and/or equipment belonging to or maintained by the Borough.
Any individual employee or volunteer who violates this section shall also be subject to the fines and penalties set forth in subsection 1-5.1 of the Borough Code in accordance with the discretion of the Municipal Court Judge.
[Ord. No. 14-03 §§ 1, 2]
As used in this section:
MOBILE TELEPHONE
Shall mean and include but not be limited to cellular, analog, wireless and digital telephones.
MOTOR VEHICLE
Shall mean the definition of motor vehicle as set forth in N.J.S.A. 39:1-1 et seq. (as may be amended) is incorporated herein at length.
PARK
Shall mean, for an automatic transmission vehicle that the vehicle is in the park gear; for a standard transmission that the vehicle is in the neutral gear and the brake is being utilized or the vehicle is otherwise stationary.
USE
Shall mean to use a mobile telephone in: (a) dialing; (b) answering; (c) talking; (d) listening.
[Ord. No. 14-03 § 3]
It is the purpose of this section and the policy of the municipality to regulate the use of mobile telephones by persons operating motor vehicles in order to protect other persons within the municipality. This section shall be liberally construed and applied to promote its purposes and policy.
[Ord. No. 14-03 § 4]
In the event that any provision of this section is found by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this section and shall not cause the invalidity or unenforceability of the remainder of this section, and if a provision shall be deemed invalid only because of excessive scope of breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
[Ord. No. 14-03 § 5]
a. 
Permitted Uses. Notwithstanding anything contained in this section to the contrary, this section shall not be construed to prohibit the use of mobile telephones by:
1. 
Any law enforcement, Public Safety or Police Officer, Emergency Management Officials, First Aid, Emergency Medical Technicians and/or personnel, and Fire Safety Officials in the performance of duties, arising out of and in the course of their employment/service as such.
2. 
A person who is using the mobile telephone to contact public safety forces; or
3. 
While maintaining the vehicle in the parked position either on public or private property, or with a hands free device which allows the operator to maintain both hands on the applicable steering device while using the mobile telephone.
b. 
Restrictions. No person shall operate a motor vehicle on any street, public roadway, or highway while engaging in any conduct defined as the use of a mobile telephone unless the operator is using a mobile telephone with hands-free technology for talking and listening.
[Ord. No. 14-03 § 6]
Violations of any provision of this section shall be punishable by a fine of $200.
[Ord. No. 16-03 § 2]
Vehicles exceeding the maximum heights provided below are hereby excluded from the streets or parts of streets described.
Name of Street
Height
Location
Gatzmer Avenue
12 feet
Between West Railroad Avenue and Bordentown-South Amboy Turnpike
[Ord. No. 16-03 § 2; Ord. No. 07-12; amended 3-20-2019 by Ord. No. 04-19]
Any person who commits a violation of this section shall, upon conviction thereof for a first offense, pay a fine of not less than $1,500. For a subsequent offense, the person shall pay a fine of not less than $2,000.
[Ord. No. 10-03 § 4]
The Borough is hereby authorized to restrict parking on public streets in certain residential areas to vehicles displaying valid parking permits issued pursuant to this section.
[Ord. No. 10-03 § 4]
The following on-street locations are designated as Residential Permit Parking Zones. Such zones are for use by persons who have been issued special parking permits by the Borough. No other person shall be permitted to park in these spaces.
Along West Railroad Avenue, in front of the properties known and designated as Block 39, Lots 8, 9 and 10 on the Jamesburg Borough Tax Map.
[Ord. No. 10-03 § 4]
a. 
A permit shall be issued for a designated residential permit parking zone upon application by a person eligible for such a permit. A person eligible to apply for a residential parking permit owns or operates a motor vehicle and resides on property immediately adjacent to a street, avenue or other location designated within the residential parking zone.
b. 
The owner or operator of any motor vehicle applying for a residential parking permit shall have a valid New Jersey State motor vehicle license and a valid New Jersey State motor vehicle inspection tag. The motor vehicle registration and the driver's license of the applicant must be presented at the time of making application in order to verify the contents thereof.
c. 
Proof of residency in a residential permit parking zone on a block designated therein must be presented at the time the application is made. The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the make, model, registration and plate number of the motor vehicle and the number of the driver's license of the applicant.
[Ord. No. 10-03 § 4]
Notwithstanding any provisions of this chapter to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle for which a permit has been issued in the residential parking zone designated on the permit without being subject to the limitations imposed on vehicles lacking the permit; provided, however, that where such vehicle is parked, parking is permitted. While a vehicle for which a residential parking permit has been issued is so parked, such permit shall be displayed so as to be clearly visible through the windshield of the vehicle. A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of motor vehicles is prohibited or set aside for specific types of vehicles and shall not exempt the holder from the observance of any traffic regulations other than the parking limit. A residential parking permit shall not guarantee to the holder thereof a reserved on-street parking space within the designated residential parking permit area.
[Ord. No. 10-03 § 4]
Service vehicles parking in a Residential Permit Parking Zone while making service calls to residential dwellings within the zone shall be exempt from holding a Residential Parking Zone permit and exempt from posted time limits. Such service vehicles shall display, in the windshield on the passenger side of the vehicle, a work slip showing the same address of the residence being serviced.
[Ord. No. 10-03 § 4]
Regulatory signs, conforming to the current Manual on Uniform Traffic Control Devices for Streets and Highways, shall be erected and maintained on the streets designated as Residential Permit Parking Zones. The signs shall indicate the times, locations and conditions under which parking shall be by permit only.
[Ord. No. 10-03 § 4]
a. 
It shall constitute a violation of this section for any person to falsely represent himself as eligible for a residential parking permit or to furnish any false information on an application to the Borough in order to obtain a residential parking permit.
b. 
No person other than the permitted named thereon shall use a residential parking permit or display it on a vehicle operated or parked, and any such use or display by a person other than the permittee shall constitute a violation of this section by the permittee and by the person who uses or displays such a parking permit.
[Ord. No. 10-03 § 4]
a. 
Penalties for misrepresentation by applicant or transfer of permit.
1. 
The Borough shall revoke the residential parking permit of any permittee found to be in violation of subsection 7-36.7, denoting misrepresentation or illegal use of a permit upon written notification thereof. The permittee shall surrender such permit to the Borough.
2. 
Any person that shall violate any provision of subsection 7-36.7, upon conviction, shall be subject to a fine of not more than $100 or imprisonment for 30 days, or both.
b. 
Any person parking a motor vehicle not displaying a valid residential parking permit which has been issued in accordance with the provisions of this section and who parks such vehicle in a Residential Permit Parking Zone where signs are erected, during the posted hours of operation of the zone, shall be subject to receipt of a notice of violation and the imposition of a monetary fine of $50 for each violation and impoundment in accordance with applicable provisions of the Borough Code.