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Borough of Hopatcong, NJ
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (4) Index
[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 63.
Fraudulent checks — See Ch. 87.
Curfew — See Ch. 97.
Firearms — See Ch. 112.
Games of chance — See Ch. 129.
Peddling and soliciting — See Ch. 171.
Pool and billiard halls — See Ch. 175.
Board of Health Nuisance Code — See Ch. 259.
[Adopted 6-12-1926 (Ch. 49 of the 1967 Code)]
No person shall keep or maintain a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building owned or occupied by him or her to be used as a disorderly house or house of ill fame or to be frequented or resorted to by riotous or disorderly persons, prostitutes, gamblers or vagrants.
No person shall set up, keep or maintain or permit to be set up, kept or maintained in any house or premises any faro table, faro bank, roulette wheel or other device or game of chance for the purpose of gaming or any boxing ring, cockpit or other place for men or animals to fight, nor shall any person hold or permit to be held in any house or premises any dogfight, cockfight, prizefight or any sparring contest for a purse or money prize.
No person shall deal, play or engage in faro, roulette or other games of chance, either as banker, player, dealer or otherwise, for the purpose of gaming.
No person shall loiter on the streets and utter loud and offensive or indecent language or make offensive remarks to or upon any person passing along such streets or obstruct or interfere with any person lawfully being in or upon such streets.
No person shall go about from door to door or place himself or herself in the streets to beg or gather alms.
No person shall appear in any street or public place in a state of nudity or in a dress not belonging to his or her sex or in an indecent or lewd dress or shall make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing or shall exhibit or perform any indecent, immoral or lewd play or other representation.[1]
[1]
Editor's Note: Original § 49-7, Attire in public, which immediately followed this section, was repealed 5-3-1984 by Ord. No. 12-84.
[Added 2-6-2002 by Ord. No. 1-2002]
A. 
For the purpose of this section, the following terms shall have the meanings indicated:
OBSCENE MATERIAL
Any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
RETAILER
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
SPECIFIED ANATOMICAL AREA
Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
Human genitals in a state of sexual stimulation or arousal; or any act of human masturbation, sexual intercourse or deviate sexual intercourse; or fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.
B. 
Any retailer who displays or permits to be displayed at his business premises any obscene material, as defined herein, at a height of less than five feet or without a binder or other covering placed or printed on the front of the material displayed shall be guilty of a petty disorderly persons offense.
C. 
The public display of any obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display of the obscene material.[1]
[1]
Editor's Note: Original § 49-8, Intoxicated persons, which immediately followed this section, was repealed 4-2-1992 by Ord. No. 10-92.
No person or persons shall obstruct or interfere with any person or persons lawfully being in or upon any street, public place or building.
No person shall resist or in any way interfere with or hinder or obstruct the Chief of Police or Marshal or any policeman or any member of the Police Department in the discharge of his duty as such officer or assist any person, while in his or their custody, to escape or attempt to escape from such custody.
[Added 3-2-1978]
A. 
The pumping of any basement water or well water or the diversion of surface or other water to or upon Borough roads, rights-of-way, drains, catch basins, gutters and culverts is hereby prohibited in the Borough of Hopatcong, except as provided in § 167-10B.
B. 
Relief may be sought from portions of § 167-10A by owners of homes or commercial buildings constructed before March 10, 1978, whereby permission may be sought to divert springs or surface water into catch basins or storm drains. Application shall be made in triplicate to the Construction Official, who shall forward copies to the Borough Engineer and the Superintendent of Public Works. Upon review and favorable recommendation by the Borough Engineer and Superintendent of Public Works and agreement on the construction to be done and by what party, the Construction Official may issue a permit.
C. 
Enforcement of § 167-10A against all violators shall be by the Borough Engineer and the Superintendent of Public Works. In addition, enforcement against violations by water companies shall be by Borough police also.
[Added 3-1-1990 by Ord. No. 7-90]
No person shall place, shove, push, throw or otherwise place snow, ice or other precipitation upon Borough roads, rights-of-way or other facilities.
[Added 6-6-1958]
It shall be unlawful for any person in a public or private place to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
[Added 6-6-1958]
The owner, lessee, tenant or occupant of any house, shop, store or other building shall be held responsible for any unusual or unnecessary noise, disturbance or other violation of this chapter coming from said house, shop, store or other building or property.
[Added 6-6-1958]
A. 
The using or operating, or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated is prohibited. The operation of any such set, instrument, phonograph, machine or device between the hours of 1:30 a.m. and 7:00 a.m. on all days except Saturdays, when the time is 2:30 a.m., and New Year's Eve, Decoration Day Eve, Fourth of July Eve and Labor Day Eve, when the time is 3:00 a.m., in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
B. 
The operation of any such set, instrument, phonograph, machine or device in a public area or place between the hours of 1:30 a.m. and 7:00 a.m. on all days except Saturdays, when the time is 2:30 a.m., and New Year's Eve, Decoration Day Eve, Fourth of July Eve and Labor Day Eve, when the time is 3:00 a.m., is prohibited.
[Added 6-6-1958; amended 9-7-1995 by Ord. No. 17-95]
The use of outside loudspeakers and amplifiers is prohibited in accordance with the following schedules, excepting police, fire or other emergency equipment or except as approved by resolution of the Mayor and Council:
A. 
Sunday through Thursday: 10:00 p.m. through 7:00 a.m. of the following day.
B. 
Friday, Saturday and the eve of Memorial Day, July 4, Labor Day and New Year's: 11:59 p.m. through 7:00 a.m. of the following day.
[Added 10-5-1972]
No person while on or upon the River Styx Bridge shall fish, swim or dive therefrom or cause to be dropped or thrown any article or thing from said bridge.
[Added 6-6-1958; amended 8-16-2023 by Ord. No. 18-2023]
Each and every person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of $100 for a first offense; $200 for a second offense; a fine at the discretion of the judge not less than $300 nor exceeding $2,000 for a third or more offenses, or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and the judge before whom any such person may be brought may impose such punishment by fine or imprisonment or community service as he may see fit, not exceeding the maximum herein fixed. Each violation of any of the provisions of this article and each day that such offense shall continue shall be deemed to be a separate and distinct offense.
[Added 12-3-1981; amended 3-4-1982 by Ord. No. 6-82]
No person shall write, print or place with ink, paint, chalk or any other substance or substances or otherwise mark, scratch, carve or etch graffiti on the real or personal property of another, whether said personal or real property is publicly or privately owned, unless the owner of said property shall have, prior to the writing, printing or placing of graffiti, specifically consented to the same. For purposes of this section, "graffiti" shall mean any letters, numbers, word or words, writing, inscription, symbol, drawing, carving, etching or any other marking of any nature whatsoever which defaces, obliterates, covers, alters, damages or destroys the real or personal property of another.
[Added 9-1-1983 by Ord. No. 29-83]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BOROUGH
All lands within the physical boundaries of the Borough of Hopatcong.
PUBLIC PLACES
Any street, road, park, building or parking lot or any land dedicated to or owned by the Borough of Hopatcong or the County of Sussex or State of New Jersey or any of their departments or agencies, including any lands or buildings owned by the Board of Education of the Borough of Hopatcong, or any parking area open to the public, playground or recreation area within the boundaries of the Borough of Hopatcong. Specifically excluded from said definition of public places are the following:
[Amended 10-6-1983 by Ord. No. 34-83; 4-5-1984 by Ord. No. 7-84]
(1) 
Bodies of water.
(2) 
Firehouses.
(3) 
Public parks and recreation areas, provided that a valid permit has been issued under § 163-18 of the Code of the Borough of Hopatcong.
(4) 
Other municipal buildings, provided that written permission has been obtained from the Borough Council Buildings and Grounds Committee and the Mayor. This provision does not apply to the Hopatcong Civic Center (Block 10001, Lot 5).
B. 
Consumption of alcoholic beverages of any type on or in any of the public places defined herein is prohibited.
C. 
Consumption of alcoholic beverages of any type in a private motor vehicle while the same is in motion or parked in any public street, lane or parking lot or in any of the public places defined herein is prohibited.
D. 
Consumption of alcoholic beverages of any type on or in any private property without the express permission of the owner or other person with authority to grant such permission is prohibited.
E. 
The provisions of this section shall not apply to any places licensed by the Borough or by the State of New Jersey for the sale, possession or consumption of alcoholic beverages thereon.
F. 
No person shall carry about in his hand or on his person or while in any parked or moving vehicle any glass, tumbler or open bottle or any open can containing alcoholic beverages or beverages of which alcoholic beverages are a part, whether said glass, bottle or can is clearly exposed or contained in a bag, in any public place as defined herein.
G. 
Upon investigation by any person or officer to determine whether violation of any of the above provisions has been made, any person who shall empty a glass or other container in order to prevent the inspecting or arresting officer or person from being able to make a determination as to the alcoholic content of the beverage in the container shall be presumed to have had a container having a beverage with an alcoholic content, which presumption shall be rebuttable by competent evidence.
H. 
Any person who shall violate any subsection of this section shall be subject to a fine of not more than $200 for each violation or to imprisonment for a period of not more than 90 days for each offense, or both.
[Added 4-5-1984 by Ord. No. 8-84]
A. 
Findings. Pursuant to the authority of N.J.S.A. 40:48-2.26 and 48-2.27, the presence upon lands of brush, hedges and other plant life greater than 2 1/2 feet in height above the established grade of the street at the property line growing within 25 feet of the intersection of roadways is decreed to be detrimental to the safety and general welfare of the residents of the Borough of Hopatcong.
B. 
Duties of owners or tenants. The owner or tenant of lands lying within the Borough shall be required to remove or cause to be removed from such lands any brush, hedges and other plant life greater than 2 1/2 feet in height above the established grade of the street at the property line growing within 25 feet of the intersection of roadways.
C. 
Service of notice. Notice to the owner or tenant to cause the removal of the substances referred to in Subsection B may be served on him either personally or by certified mail at the address to which tax bills are sent; and if by certified mail, the ten-day period within which the removal shall be accomplished shall be deemed to have commenced from the date of the return receipt obtained by the postal authority for the delivery of the notice. Every notice, in addition to requiring removal, shall warn the owner or tenant of the lands to which the notice refers that failure to accomplish the removal within the times stated shall result in removal by or under the direction of the Construction Official, and the cost of such removal shall be charged to the owner or tenant of the lands and shall be payable to the Borough within 30 days after the date of submission of the charges. Unless the charges are paid within the thirty-day period, the costs shall become a lien upon the lands and be collected as provided by N.J.S.A. 40:48-2.27 and enforced by the same officers and in the same manner as taxes.
D. 
Removal by Borough; costs established as a lien. Whenever the owner or tenant of lands within the Borough, after receiving notice as aforesaid, fails and neglects within the time prescribed to effect removal of such substances, the removal shall be accomplished by or under the direction of the Construction Official. An accurate record of the cost of removal to the Borough shall be determined by the Construction Official, who shall certify the cost to the Borough Council, which shall examine the certificate and, if found correct, shall cause the cost as shown to be charged against the lands. Such amount shall 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 the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 12-6-1984 by Ord. No. 37-84]
A. 
Findings and purpose. The Mayor and Council of the Borough of Hopatcong hereby find and declare that the exploration, mining or milling of fissionable source materials poses a significant danger to the public health, safety and welfare; that the hazards associated with these activities cannot now be prevented or satisfactorily minimized; that, therefore, unprecedented caution is needed in the exploration, mining and milling of fissionable source materials; and that the prohibition of these activities is necessary at this time to ensure the protection of the public health, safety and welfare.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FISSIONABLE SOURCE MATERIAL
(1) 
Mineral ore which is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons; or
(2) 
Mineral ore which contains uranium or thorium in concentrations which might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear fission reactors or weapons.
C. 
Prohibition and exception.
(1) 
No person shall explore for, extract, mine, mill or process any fissionable source material within the Borough of Hopatcong.
(2) 
Nothing in this section shall be construed to prohibit or impair any authority of the Department of Environmental Protection or the Federal Environmental Protection Agency to provide for the containment, cleanup or removal of any fissionable source material which poses an immediate or imminent danger to the public health, safety and welfare.
D. 
Penalties. Any person who violates this section shall be fined not more than $500 and/or imprisoned for not more than 90 days. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
[Added 12-19-1989 by Ord. No. 47-89]
A. 
Statement of purpose. It has been determined that the presence of large numbers of migratory waterfowl on and around ponds and lakes in the Borough of Hopatcong causes a public health nuisance in and around said ponds and lakes, including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of this section is to prevent such conduct that may attract such migratory waterfowl to properties in the Borough.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MIGRATORY WATERFOWL
Includes those nondomesticated species of birds commonly known as "swans," "geese," "brant," "river and sea ducks" and any other waterfowl that generally follow a seasonal migration pattern.
C. 
Feeding of migratory waterfowl prohibited. No person shall feed, cause to be fed or provide food for migratory waterfowl in the Borough of Hopatcong on lands either publicly or privately owned.
D. 
Exceptions. This section shall not be construed to prohibit humane acts towards migratory waterfowl in individual cases, such as the temporary nurturing of a wounded bird on one's own premises.
E. 
Other acts prohibited. No person shall create or foster any condition or allow any condition to exist or continue which results in a congregation or congestion of migratory waterfowl or in an accumulation of waterfowl feces or droppings or in damage to flora, fauna or public or private property or in a public health nuisance or in a threat to the health, safety and welfare of the public or the waterfowl.
F. 
Enforcement. The Police Department and the Department of Health of the Borough of Hopatcong are hereby authorized and directed to enforce this section.
G. 
Violations and penalties. Any person convicted of a violation of any of the provisions of this section shall be punished by imposition of a fine not to exceed $500.
[Added 3-5-1992 by Ord. No. 5-92]
A. 
Purpose. The purposes of this section are to provide regulations for the control of bonfires on the frozen waters of Lake Hopatcong and Bear Pond and to provide for coordination between the various enforcement agencies having jurisdiction over the frozen waters of the lakes. These regulations shall supplement and not supersede any existing state and/or local controls over such bonfires.
B. 
Definitions. As used in this section, the following words shall be defined as follows:
BONFIRE
The open burning of combustible materials, whose products of combustion are emitted directly into the open air and are not directed through a stack or chimney.
C. 
Applicability. Except as hereinafter provided, no person within the municipal limits of the Borough of Hopatcong shall set, cause to be set, ignite, build, light, fuel, feed, maintain or otherwise participate in the setting, ignition, building, lighting, fueling, feeding or maintenance of any bonfire on the frozen waters of Lake Hopatcong or Bear Pond.
D. 
Exclusions. The following activities are excluded from the prohibitions of this section:
(1) 
Bonfires for which a specific written permit has been issued by the New Jersey Department of Environmental Protection and Energy, Division of Parks and Forests. Said permit shall include a provision requiring the removal of all materials or other debris from the frozen waters within 24 hours after the fire is extinguished.
(2) 
Other open fires for which a specific permit has been issued by the New Jersey Department of Environmental Protection and Energy pursuant to N.J.A.C. 7:27-2 et seq., Open Burning.
(3) 
Small, contained and controlled warming fires, using a fuel source consisting only of wood, charcoal or propane and occurring only during daylight hours, and further provided that any such warming fire is located a minimum distance of at least 50 feet from the shore, as well as from any dock, home or other structure. Any person who ignites such a warming fire shall remove any and all materials and debris from the frozen ice within 24 hours of the conclusion of the fire.
E. 
Enforcement. This section shall be enforced by the Municipal Police Department of the Borough of Hopatcong. Said Police Department is hereby directed to cooperate in the enforcement of this section with the New Jersey Department of Environmental Protection and Energy (NJDEPE), Division of Parks and Forests, and the New Jersey Bureau of Marine Law Enforcement (Marine Police) or their duly delegated successors.
[Added 12-17-1992 by Ord. No. 38-92]
The owner and/or occupant of any property located upon any public street or right-of-way which features a sidewalk or other public walkway shall arrange for the removal of ice and snow from said sidewalk or walkway so as to permit public passage by no later than 12:00 noon on the next day following the termination of the snowfall or precipitation event which caused the accumulation of said ice and/or snow.
[Added 12-16-1998 by Ord. No. 37-98]
A. 
Burning of rubbish shall be prohibited except in approved incinerators.
B. 
The burning of herbaceous or infested plant life, the burning of orchard prunings and cuttings, prescribed burnings and the clearing of agricultural land by burning are prohibited, unless in accordance with a permit issued under the provision of N.J.A.C. 7:27-2, administered by the State Forest Fire Service in the New Jersey Department of Environmental Protection (NJDEP).
C. 
A person shall not kindle or maintain any bonfire, or other outdoor fire, or authorize any such fire to be kindled or maintained unless:
(1) 
The location is approved by the Borough Fire Official and is not less than 50 feet from any structure, and adequate provision is made to prevent fire from spreading to within 50 feet of any structure; or
(2) 
The fire is contained in an approved burner located safely not less than 15 feet from any structure.
D. 
Fuel for bonfires or other outdoor fires shall consist of seasoned dry wood only and shall be ignited with a small quantity of paper only. Bonfires shall not contain rubbish, garbage, trash, any material made of or coated with rubber, plastic, leather or petroleum-based materials and shall not contain any flammable or combustible liquids. The allowable quantity of wood to be burned shall be determined by the Borough Fire Official and shall be based upon the fire-safety requirements of the situation and the desirable duration of burn.
E. 
Bonfires shall be constantly attended by a competent person until such fire is extinguished. This person shall have fire-extinguishing equipment readily available for use as deemed necessary by the Borough Fire Official.
F. 
The Borough Fire Official may prohibit any or all bonfires that are or could be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The Fire Official shall order the extinguishment, by the permit holder or the Fire Department, of any bonfire that creates or adds to a hazardous or objectionable situation.
G. 
Open burning shall be allowed without prior notice to the Fire Official for cooking fires, highway safety flares, smudge pots and similar occupational needs.
[Added 10-2-2002 by Ord. No. 30-2002]
A. 
Definitions. For purposes of this section, the following terms shall have the definitions provided for herein:
A PLACE TO WHICH THE PUBLIC IS INVITED
All sidewalks and parking lots for any private business establishment, including but not limited to, shopping centers, stores, offices or any other places of business.
BICYCLE
A vehicle with two wheels propelled solely by human power and having pedals, handlebars and a saddle-like seat. The term shall include a bicycle for two or more persons having seats and corresponding sets of pedals arranged in tandem.
MUNICIPAL PARKING LOT
Any and all parking lots owned or controlled by the Borough of Hopatcong or any agency thereof.
ROLLER SKATES
A device or devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels and used to glide or propel the user over the ground.
SKATEBOARD
A platform or board with roller-skate wheels or other similar wheels affixed to the underside, designed to be ridden by a person or persons, which has no steering device or mechanism to steer or control the direction thereof while being used or ridden, even though the direction may be controlled to some degree by shifting the feet or weight of the rider during such use.
B. 
Operation prohibited. No person shall use, operate or ride any skateboard, roller skate or bicycle in any municipal parking lot or in any place to which the public is invited as defined herein. Nothing in this chapter shall be construed to prohibit the use of bicycles as a means of transportation to or from any municipal parking lot or any place to which the public is invited, as defined herein, nor shall this chapter be construed to prohibit the walking or parking of bicycles by the operator thereof within any municipal parking lot or in any place to which the public is invited, as defined herein.
C. 
Enforcement. The provisions of this chapter may be enforced by any Borough Police Officer and by any owner or tenant of any business establishment with a parking lot or sidewalk or municipal parking lot to which the public is invited; provided, however, that the provisions of this chapter shall not be enforceable on any private or municipal property until such time as the owner or tenant thereof conspicuously posts a sign stating that the use of skateboards, roller skates or bicycles on this property is prohibited by Ordinance No. 30-2002.
[Adopted 4-20-2005 by Ord. No. 13-2005]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Hopatcong, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
A. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarding in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designated to convey domestic sewage for proper treatment and disposal.
B. 
Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pets' solid waste deposited on any property, public or private, not owned or possessed by that person.
C. 
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
The purpose of this section is to establish requirements to control littering in the Borough of Hopatcong, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
A. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
B. 
Prohibited acts and regulated activities.
(1) 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
(2) 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[1]
Editor's Note: Former § 167-29, Improper disposal of waste, was repealed 7-6-2011 by Ord. No. 17-2011.
The purpose of this section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Hopatcong, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
A. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
B. 
Prohibited conduct. No person shall feed, in any public park or on any other property owned or operated by the Borough of Hopatcong, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
The purpose of this section is to establish requirements for the proper handling of yard waste in the Borough of Hopatcong, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
A. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
B. 
Prohibited conduct. The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
The purpose of this section is to establish a yard waste collection and disposal program in the Borough of Hopatcong, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
A. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Leaves and grass clippings.
B. 
Yard waste collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet to any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
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Editor's Note: Former § 167-33, Illicit connection, was repealed 7-6-2011 by Ord. No. 17-2011.
The provisions of this article shall be enforced by the Zoning Officer, Animal Control Officer, Police Department and Health Department of the Borough of Hopatcong.
Any person violating any provision of this article shall, upon conviction, be punishable by a fine not exceeding $1,250 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each violation of any of the provisions of this article and each day that such offense shall continue shall be deemed to be a separate and distinct offense.
Each section, subsection, sentence, clause and phrase of this article is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this article.