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:
Shall mean a litter storage or collection receptacle approved
by the Borough.
Shall mean animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
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.
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.
Shall mean any or all streets, sidewalks, boulevards, alleys
or other public ways and all public parks, squares, spaces, grounds
and buildings.
Shall mean all solid waste, including garbage, rubbish, ashes,
street cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
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.
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:
Shall mean remaining idle in essentially one location.
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.
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.
[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:
Shall mean and include any motor vehicle, omnibus, road tractor,
trailer, truck, truck-trailer or other vehicle which:
Is parked without the current year's registration or identification
markers as required by law; or
Has been parked in any public street, or on any public lands
for a period of 48 hours; or
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
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
Is found without one or more tires.
Shall mean and refer to the sequestration of the vehicle,
or junk automobile body at a place of storage.
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.
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.
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.
Shall mean and refer to such site or location as the Chairman
of the Police Committee shall establish and provide.
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:
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]
[Ord. No. 10-04]
As used in this section, the following terms shall have the
meanings indicated:
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.
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]
[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]
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:
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:
Shall mean a private passenger automobile, station wagon,
or pickup truck.
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.
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.
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.
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.
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.
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.
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.
[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]
[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:
Shall mean and include but not be limited to cellular, analog,
wireless and digital telephones.
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.
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.
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.
