Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 75 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 65.
Littering — See Ch. 129.
Peddling and soliciting — See Ch. 151.
Streets and sidewalks — See Ch. 190.
Subdivision of land and site plan review — See Ch. 195.
Swimming pools — See Ch. 199.
Vehicles and traffic — See Ch. 206.
Zoning — See Ch. 215.

§ 147-1 Noise restrictions. [1]

[Amended 10-4-1976 by Ord. No. 8-76]
No person shall make, continue or cause or allow to be made or continued any unnecessary or unusual sound or noise which either annoys, injures or endangers the comfort, repose, health or safety of others, unless the making and continuing of the same is necessary for the protection or preservation of property or the health, safety, life or limb of some person or persons.
[1]
Editor's Note: The following original sections of former Ch. 75 were deleted 6-7-1999 by Ord. No. 15-99: §§ 75-1, Intoxication prohibited; 75-2, Disturbances on private property; 75-3, Taking part in disorderly conduct prohibited; 75-4, Verbal abuse prohibited; 75-6, Disturbing the peace prohibited; 75-7, Interference with Borough committees or officers; 75-8, Defacing of property prohibited; 75-9, Prostitution prohibited; 75-10, Disorderly houses; 75-11, Indecent presentations, books and objects; 75-12, Indecent exposure; 75-13, Assault and battery; 75-14, Fighting by two or more persons; 75-15, Inciting riots prohibited; 75-16, Determination of disorderly conduct; 75-17, Dismantling of dwelling houses; 75-18, Throwing objects at vehicles; 75-21, Highway regulations; 75-24, Use of lawful coins in receptacles; 75-25, Concealed weapons; 75-26, Cigarettes furnished to minors prohibited; 75-27, Minors prohibited in dance halls and taverns; 75-28, False alarms; 75-29, Relinquishing party lines; 75-30, Possession of number game tickets; 75-31, Defacing trespassing notices; 75-32, Abandoned refrigerators; 75-33, Additional acts prohibited; 75-34, Possession of alcoholic beverages by minors prohibited; exception; 75-35, Playing for money; numbers devices; 75-36, Definitions; and 75-38, Disposition of fines.

§ 147-2 Indecent presentations, books and objects.

No person shall sell or offer to sell any lewd or indecent picture, book, device or thing or exhibit or perform or cause to be exhibited or performed any lewd, immoral or indecent dance, show, play or other presentation.

§ 147-3 Depositing substances in streets.

No person shall place or throw or suffer or permit the depositing of any stone, sticks, glass, snow or ice or any hard, dangerous or offensive substance upon any street, avenue, road, highway or other public thoroughfare, nor shall any person throw any such object or substance at, upon or against any person, vehicle of transportation, building or other structure.

§ 147-4 Obstructions in streets.

No person shall unnecessarily obstruct any street, avenue, road, highway, alley or public place with any kind of vehicle or vehicles or box or boxes, lumber, wood or any other thing, but the provisions of this section shall not prevent persons who are building from occupying, until notified by any Borough official to cease such occupancy, 1/2 of the street in front of the place where they are so building, unless another person is building on the opposite side of the street, in which case neither shall occupy more than 1/4 of the street. No person who is building shall continue such occupancy of any street after notice from any Borough official or police officer to discontinue the same.

§ 147-5 Dumping debris on private property.

No person, firm or corporation shall throw, drop, dump on or tow to, or otherwise place on private property, without first obtaining the permission of the owner or person in possession of such property, any abandoned automobile, automobile parts, junk, paper, bottles, trash, garbage, refuse or debris of any nature.

§ 147-6 Dumping debris on highways or public lands.

No person, firm or corporation shall throw, drop or otherwise place any paper, bottles, trash, garbage, refuse or debris of any nature upon a highway or other public lands.[1]
[1]
Editor's Note: See also Ch. 129, Littering.

§ 147-7 Private fences. [1]

A. 
Purpose. This section is intended to prevent bodily harm to people or animals and shall be liberally construed as a public safety measure.
B. 
Prohibited fences. No fence or wall which is composed of or contains any materials harmful to humans or animals shall be constructed on private property in the Borough. Such harmful materials shall include, but are not necessarily limited to, barbed wire, razor wire, low-visibility wire, piano wire, imbedded glass and sharp metal points. Electrically charged fences are also prohibited unless they meet each of the following standards:
(1) 
All electrical equipment used in the fence shall carry the label of Underwriter's Laboratories or the Industrial Commission of Wisconsin.
(2) 
The fence shall be installed and operated according to the National Electrical Code and applicable state regulations.
[1]
Editor's Note: This section previously constituted Ch. 78 of the 1974 Code, adopted 8-21-1989 by Ord. No. 16-89.

§ 147-8 Violations and penalties.

[Amended 12-22-1975 by Ord. No. 27-75; 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]
Except as otherwise provided herein, any person violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, in the discretion of the Judge.

§ 147-9 Construction activities and power equipment.

[Added 2-19-2002 by Ord. No. 01-02; amended 7-17-2006 by Ord. No. 11-06]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONSTRUCTION ACTIVITIES
Includes excavation, earthmoving, demolition, construction, repair and/or alteration and shall also include deliveries and/or pickups relative to any of the above.
POWER EQUIPMENT
Includes equipment which uses electric, gasoline or a source of power other than manual and shall specifically include a power saw, hammer, sander, drill, grinder, lawn mower, leaf blower, woodchipper, thatcher, generator, air compressor, etc.
B. 
Hours of construction activities or use of power equipment. No construction activities or use of power equipment shall take place at any time other than the following:
(1) 
On weekdays (Monday through Saturday) between the hours of 7:00 a.m. and 6:00 p.m.
(2) 
Sundays and holidays. No construction activities or use of power equipment shall be permitted on Sundays or on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(3) 
Exceptions.
(a) 
Construction activities or use of power equipment by a property owner on his own property, provided that such activity is not carried on for profit or livelihood and is not performed by a paid contractor, may be carried on any day between the hours of 7:00 a.m. and 9:00 p.m.
(b) 
In case of emergency or in the interest of public health or safety, the Construction Official may grant a permit for construction activities or use of power equipment for a period not to exceed three days, subject to renewal for periods of three days or less, during hours otherwise prohibited by this section, as the Construction Official shall determine are necessary.
(c) 
If the Construction Official determines that the public health, safety and welfare will not be impaired by construction activities or use of power equipment relative to any building or the excavation of streets and highways during hours otherwise prohibited by this section, and if he shall further determine that substantial loss or inconvenience would be suffered by any party if the ability to engage in such activities was denied, he may grant permission for such work to be done during hours otherwise prohibited by this section upon application being made at the time the permit for said work is awarded or during the progress of the work.
(d) 
Activities confined within a wholly enclosed building or structure.
(e) 
Activities necessary to prevent injury to persons or property, including snow removal.
(f) 
Activities conducted by or for any government unit or agency.
(g) 
The operation of a generator during a power failure.
(h) 
The operation of a farm as permitted under the Right to Farm Act (N.J.S.A. 4:1C-1 et seq.).
C. 
Enforcement. The provisions of this section shall be enforced by the Borough Police and the Construction Official.
D. 
Any person violating any of the provisions of this section shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, in the discretion of the judge.
[Amended 4-2-2007 by Ord. No. 3-07]