[HISTORY: Adopted by the Board of Commissioners
(now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No.
80-12 as Art. IV of Ch. 166 of the 1979 Code. Amendments
noted where applicable.]
It is hereby found and declared that instances
have been reported in other municipalities of the death of children
from suffocation in abandoned, discarded or unattended iceboxes, refrigerators
and similar containers having airtight doors which, when closed, cannot
be opened from the inside, and that such abandoned, discarded or unattended
iceboxes, refrigerators or similar containers constitute a serious
and constant menace to the health, welfare and safety of the children
in the Township.
It shall be unlawful for any person to leave
within or without any building in the Township, in a place accessible
to children, any abandoned, discarded or unattended icebox, refrigerator
or similar container of any kind which has a locking or closing device
thereon that cannot be released for opening from the inside of such
icebox, refrigerator or similar container; provided, however, that
this section shall not apply if such closing or locking device or
the door or doors from such icebox, refrigerator or similar container
are first removed.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
