CHAPTER 3 POLICE REGULATIONS

 

 

3-1       ALCOHOLIC BEVERAGES.

 

3-1.1         Sale Prohibited; Liquor Licenses Prohibited.

       Except for a winery retail sales room/outlet as permitted by N.J.S.A. 33:1-10(2)(a) and (b), the sale of alcoholic beverages in any form is prohibited within the Borough of Elmer.  Except for a winery retail sales room/outlet as permitted by N.J.S.A. 33:1-10(2)(a) and (b), it is prohibited that any liquor license be issued within the Borough by the Borough Council or any other duly authorized body.  The purpose and intent that this subsection is to be consistent with all New Jersey Statues and administrative regulations. (Ord. No. 2000-16; Ord. No. 2015-4)

 

3-1.2         Consumption or Possession of Alcoholic Beverages in Public Places Prohibited.

       a.     No person shall consume any alcoholic beverage of any kind or description, nor shall any person be in possession of an open can, bottle or container containing alcoholic beverages on any public sidewalk, public street, public parking lot or parking lots constructed by business establishments or institutions for the convenience of their employees, customers, or the public, or upon any public grounds, parks, or playgrounds.

       b.     Any person who violates this subsection be liable, upon conviction for the penalty stated in Chapter 1, Section 1-5.

(Ord. No. 81-6; New)

 

 

3-2       RESERVED.

 

 

3-3       CIGARETTE VENDING MACHINES.

 

3-3.1         Prohibited.

       All cigarette vending machines are hereby prohibited in the Borough. (Ord. No. 96-5 § 1)

 

3-3.2         Violations and Penalties.

       Any person owning, operating, renting or permitting the use of a cigarette vending machine on premises under his control shall be, upon conviction, liable to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 96-5 § 2; New)

 

 

3-4       MINIBIKES AND UNLICENSED MOTOR VEHICLES.

 

3-4.1         Operation on Public Property Prohibited.

       It shall be unlawful for any person to operate any type of unlicensed motor-driven vehicle or conveyance, including but not limited to, two-wheel motor vehicles, known as mini-bicycles, trail bicycles, and motor scooters, and four-wheel motor vehicles, upon any public property or Borough-owned land. Borough-owned land shall be considered as all parks, recreation areas, ball parks, lake areas, storage areas, Board of Education property and any and all other Borough-owned land and premises. Public property shall be considered as all streets, sidewalks, easements or any other area dedicated or commonly used for vehicular and/or pedestrian traffic. Lawn mowers are specifically excluded from the definition hereinabove. (Ord. No. 75-4 § 1)

 

3-4.2         Operation on Private Property.

       The operation of any motor-driven vehicle as described in subsection 3-4.1 is additionally prohibited upon any private property, other than the property of the owner of the motor-driven vehicle, unless the operator of the motor-driven vehicle has in his possession an expressly written permission to operate his vehicle on that private property by the owner of the property.

       The owner of any private property desiring to allow the use of his property by the general public for motor-driven vehicle use may file a written declaration of such with the Municipal Clerk, which will remain valid until withdrawn in writing. This statement will remove the property from the coverage of this section.

(Ord. No. 75-4 § 2; Ord. No. 9-10-75 § 2)

 

3-4.3         Noise or Other Disturbance.

       It shall be unlawful to operate any unlicensed motor-driven vehicle as defined in subsection 3-4.1 in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. (Ord. No. 75-4 § 3)

 

3-4.4         Careless or Negligent Operation.

       It shall be unlawful to operate any unlicensed motor-driven vehicle as defined in a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any person. (Ord. No. 75-4 § 4)

 

3-4.5         Exceptions.

       It shall not be unlawful for any employee of the Borough to operate motor-driven vehicles as defined for the purpose of maintaining, repairing or doing any public work within the scope of his employment. (Ord. No. 75-4 § 5)

 

3-4.6         Minor Children; Responsibility of Parent or Guardian.

       It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of eighteen (18) years to permit such child to operate a motor-driven vehicle in violation of the terms of this section. (Ord. No. 75-4 § 6)

 

3-4.7         Violation and Penalties.

       Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 75-4 § 7; New)

 

 

3-5       RESERVED.

 

 

3-6       DRUG-FREE SCHOOL ZONES.

 

3-6.1         Adoption of Map.

       In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone map produced on or about February 11, 1988, by Allan M. Kammerer, Inc., P.A., Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough 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 one thousand (1,000) feet of such school property. (The map may be found on file in the Borough Offices.) (Ord. No. 89-6 § 1)

 

3-6.2         Map and List to Constitute Official Finding.

       The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-6.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes 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 school property and Drug-Free School Zones. (Ord. No. 89-6 § 2)

 

3-6.3         Changes in Locations and Boundaries.

       The president of 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. 89-6 § 3)

 

3-6.4         Original Map on File; Copies Available.

       The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-6.1 and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. A certified copy of the map and of this section shall be provided without cost to the County Clerk and to the Office of the Salem County Prosecutor. (Ord. No. 89-6 § 4)

 

3-6.5         Map as Evidence.

       The following additional matters are hereby determined, declared, recited and stated:

       a.     It is understood that the map approved and adopted pursuant to subsection 3-6.1 prepared for and is 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 Borough;

        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, and

        4.      The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property.

       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.     Pursuant to the provisions of N.J.S.A. 2C:35-7, 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 a map or diagram other than the one approved and adopted pursuant to subsection 3-6.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a 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.

       d.     All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free School Zone map have been complied with.

(Ord. No. 89-6 § 5)

 

 

3-7       DRUNK-DRIVING-FREE SCHOOL ZONES.

 

3-7.1         Designation of School Crossings.

       In accordance with and pursuant to the authority of P.L. 1999 c. 185 the following is a list of school crossings which have been so designated by the Borough of Elmer:

       a.     Chestnut Street at Second Street

       b.     Front Street at Elmer Street

       c.     State Street at Elmer Street

       d.     Broad Street at Elmer Street

(Ord. No. 2000-8 § 1)

 

3-7.2         Adoption of Map.

       The Drunk-Driving-Free School Zones Map produced on or about March 28, 2000 by John Schweppenheiser, the Township Engineer is hereby approved and adopted as an official finding and record of the location 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 on school land and of the areas on or within one thousand (1,000) feet of such school property. The map may be found on file in the office of the Borough Clerk. (Ord. No. 2000-8 § 2)

 

3-7.3         Map and List to Constitute Official Findings.

       The Drunk-Driving-Free School Zones Map approved and adopted pursuant to subsection 3-7.2 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes 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 school property and drunk-driving-free school zones. The list of school crossings designated above by the Borough Council shall continued to constitute an official finding and record of the location of school crossing zones within the Borough until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in the Borough. (Ord. No. 2000-8 § 3)

 

3-7.4         Changes in Locations or Boundaries.

       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 office of the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned or leased to any elementary or secondary school or school board and which is used for school purposes or of any additions or deletions to school crossings. (Ord. No. 2000-8 § 4)

 

3-7.5         Original Map and List on File; Copies Available.

       The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-7.2 and the list of school crossings and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this section shall be provided without cost to the Salem County Clerk, the office of the Salem County Prosecutor and the Municipal Prosecutor. (Ord. No. 2000-8 § 5)

 

3-7.6         Map and List as Evidence.

       The following additional matters are hereby determined, declared, recited, and stated: It is understood that the map and list approved and adopted pursuant to this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this State and that, pursuant to State law, such map and list shall constitute prima facie evidence of the following:

       a.     The location of elementary and secondary schools within the municipality;

       b.     The boundaries of the real property which is owned by or leased to such schools or a school board;

       c.     That such school property is and continues to be used for school purposes;

       d.     The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property; and,

       e.     The location of all school crossings in the Borough.

(Ord. No. 2000-8 § 6)

 

 

3-8       DISTRIBUTION OF WRITTEN COMMUNICATIONS; HANDBILLS.

 

3-8.1         Distribution of Newspapers, Handbills, Pamphlets; Distribution to Unoccupied Structures Prohibited.

       No person shall distribute or cause to be distributed or strewn about on any street or public place in the Borough any newspapers, papers, periodicals, books, magazines, circulars, posters, cards, handbills or pamphlets, hereinafter called "written communications." No such written communications shall be delivered or deposited on or about any unoccupied premises or structures within the Borough. All distribution to occupied premises or structures shall be made by physically placing the particular written communication on the stoop, step, porch or entrance, which placement shall be in close proximity to the main entry way of the structure or premises. (Ord. No. 2001-5 § 1)

 

3-8.2         Distribution Prohibited after Notice.

       No person shall distribute or cause to be distributed any written communication as detailed above to the occupants of any premises or structure after having received notice from the occupants of these premises or structure that the particular communication was not to be delivered. In no event shall delivery continue to any premises or structure in such a manner as to allow an accumulation of written communications in the designated area for delivery by the originator of the communication. (Ord. No. 2001-5 § 2)

 

3-8.3         Disposal Obligation of Tenant.

       No occupant shall allow an accumulation of any written communications on or about the occupied premises or structure. Under no circumstances shall any such written communications be allowed to remain on the outside of the occupied portion of any structure or premises for more than twenty-four (24) hours. (Ord. No. 2001-5 § 3)

 

3-8.4         Violations and Penalties.

            Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 2001-5 § 4; New)

 

 

3-9       LITTER CONTROL.

(Editor's Note: Prior ordinance history: Ordinance No. 91-7)

 

3-9.1         Purpose. 

       The Borough of Elmer finds that the reduction of litter is an important public concern to protect public health, safety and welfare and to implement the requirements of the New Jersey Department of Environmental Protection Clean Communities Program. (Ord. No. 2014-13)

 

3-9.2         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 shall mean 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, newspapers, 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 shall mean a container suitable for the depositing of litter.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

(Ord. No. 2014-13)

 

3-9.3         Littering Unlawful.

       a.     It shall be unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property other than in a litter receptacle.

       b.     Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator, owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.

(Ord. No. 2014-13)

 

3-9.4         Use of Receptacles. 

       Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such as that, at a minimum, there shall be no linear quarter mile without a receptacle; buildings held out for use by the public, including schools and government buildings; parks, drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles so that adequate containers are available. (Ord. No. 2014-13)

 

3-9.5         Unlawful Dumping. 

       It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.  (Ord. No. 2014-13)

 

3-9.6         Storage of Household Solid Waste. 

       It shall be unlawful for any property owner to store or permit the storage of any bulky household waste, including but not limited to household appliances, furniture and mattresses, except in a fully enclosed structure.  (Ord. No. 2014-13)

 

3-9.7         Storage of Tires. 

       It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential, except in a fully enclosed structure or on days designated for the collection of tires. (Ord. No. 2014-13)

 

3-9.8         Construction Sites. 

       It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after the completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of the construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse. (Ord. No. 2014-13)

 

3-9.9         Enforcement.

       The provisions of this section shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer. (Ord. No. 2014-13)

 

3-9.10       Violations and Penalties.

       a.     Any person violating this section shall, upon conviction thereof, be punishable by one or more of the following:  by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

       b.     Any person who is convicted of violating the provisions of this section within one year of the date of previous violation of the same section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the original violation of this section.  Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-13)

 

 

3-10     BEEKEEPING.

 

3-10.1       Prohibited.

       No person shall keep, harbor, maintain or possess bees or beehives for any purpose within the limits of the Borough. (Ord. 8-12-70 § 1)

 

3-10.2       Violations and Penalties.

       Any person violating any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 8-12-70 § 2; New)

 

 

3-11     BICYCLES.

 

3-11.1       Lamp and Bell Required.

       All bicycles, when in use on the public streets in the Borough, shall have a lamp of such illuminating power as to be plainly seen one hundred (100) yards ahead. Said lamp shall be kept lighted between one (1) hour after sunset and one (1) hour before sunrise. (Ord. No. 16 § 1)

 

3-11.2       Reckless Riding Prohibited.

       It shall be unlawful for any bicycle rider to ride at an immoderate, reckless or dangerous gait on any of the streets of the Borough. (Ord. No. 16 § 2)

 

3-11.3       Riders to Ride on Right of Street.

       Riders of bicycles, tricycles or other vehicles must keep to the right of the street in all cases except in passing vehicles going in the same direction. (Ord. No. 16 § 3)

 

3-11.4       Violations and Penalties.

       Where no other penalty is provided by law, any persons violating any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 16 § 4; New)

 

 

3-12     CURFEW FOR MINORS.

 

3-12.1       Hours; Exceptions.

       a.     It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official Borough time; provided, however, that the provisions of this section do not apply to a minor accompanied by his parent, guardian or other responsible adult person, or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other responsible adult person.

       b.     Each violation of the provisions of this section shall constitute a separate offense.

(Ord. No. 2001-4 § 1)

 

3-12.2       Duty of Parents or Guardians.

       a.     It shall be unlawful for the parent, guardian or other responsible adult person of a minor under the age of seventeen (17) years to knowingly permit such minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day, or to permit trick-or-treating in violation of subsection 3-12.3, provided, however that the provisions of this section do not apply when the minor is accompanied by his parent, guardian or other responsible adult person, or where the minor is upon an emergency errand or legitimate business directed by his parent, guardian or other responsible adult person.

       b.     Each violation of the provisions of this section shall constitute a separate offense.

(Ord. No. 2001-4 § 2)

 

3-12.3       Halloween Curfew.

       Halloween activities commonly known as trick-or-treating involving door-to-door solicitation may only be conducted within the Borough from 4:00 p.m. until 7:00 p.m. on Halloween, except that when Halloween (October 31) falls on a Sunday, trick-or-treating will be conducted only on Saturday (October 30) from 4:00 p.m. to 7:00 p.m. An 8:00 p.m. to 6:00 a.m. curfew for anyone under seventeen (17) years of age will be in effect each October 30 and October 31. It is recommended, however, it is not required, that this prohibition be published annually no more than one (1) week prior to Halloween in order to put all residents and participants on notice of these requirements. (Ord. No. 2001-4 § 3)

 

3-12.4       Violations and Penalties.

       Any juvenile violating the provisions of subsections 3-12.1 or 3-12.3 shall be penalized in accordance with the laws applicable to juveniles as administered by the Superior Court. Any adult who directly violates subsection 3-12.2, or aids a minor in a violation of subsections 3-12.1 or 3-12.3 shall be liable to a penalty not to exceed five hundred ($500.00) dollars or be imprisoned for a term not to exceed ninety (90) days, or both. (Ord. No. 2001-4 § 4)

 

 

3-13     RESERVED.

 

 

3-14     SUNDAY SPORTS.

 

3-14.1       Definitions.

       As used in this section:

       Amateur athletic events shall mean non-paid participants.

       Organized games or sports shall mean any activity conducted by an independent team, franchise member of a league, or sponsored group, in league play or exhibition, whether for money, pass-the-hat contribution or free.

       (Ord. No. 7-9-69 § I; New)

 

3-14.2       Prohibited Activity.

       It shall be unlawful to engage in the playing, producing, coaching or managing of any organized games or sports in the Borough on Sunday. (Ord. No. 7-9-69 § I)

 

3-14.3       Permitted Activity.

       Amateur athletic events shall be permitted in the Borough on Sundays between the hours of 1:00 p.m. and 7:00 p.m. prevailing time. (Ord. 2-11-70 § I)

 

3-14.4       Violations and Penalties.

       Any person convicted of violation of this section shall be liable to a penalty as stated in Chapter 1, Section 1-5. (Ord. 7-9-69 § I; New)

 

 

3-15     NUISANCES; ANNOYANCE OF PERSONS.

       a.     A person is guilty of committing a nuisance if that person engages in a course of conduct that works hurt, inconvenience, or damage to another, or which has the effect of prejudicially and unwarrantably affecting the enjoyment of the rights of another, or which works or causes injury, damage, hurt, inconvenience, annoyance, or discomfort to another in the legitimate enjoyment of his reasonable rights of person or property.

       b.     Any person convicted of violating the provisions of this subsection shall, upon conviction, be liable to a penalty as stated in Chapter 1, Section 1-5.

(Ord. No. 93-2; New)

 

 

3-16     RESERVED.

(Reserved by Ord. No. 2015-6)

 

 

3-17     OBSTRUCTION OF FIRE HYDRANTS.

 

3-17.1       Prohibited Parking of Vehicles.

       a.     No person shall park next to or within ten (10) feet of any fire hydrant. (N.J.S.A. 39:4-138)

       b.     Any person found guilty of violating the provisions of this subsection shall, upon conviction, be fined not more than fifty ($50.00) dollars and/or be imprisoned for a term not exceeding fifteen (15) days, or both.

(Ord. No. 94-4; Ord. No. 95-10)

 

3-17.2       Prohibited Placement of Objects, Snow, Debris or Structures.

       No person shall in any manner obstruct or prevent free access to any fire hydrant, or place or store temporarily or otherwise, any object, materials, snow, debris or structure of any kind within a distance of fifteen (15) feet of any fire hydrant. Any obstruction, when discovered, shall be removed at once by a Borough Official or the police at the expense of the person responsible for the obstruction, and will also subject them to penalties contained in Chapter 1, Section 1-5. (Ord. No. 99-11 § 14; New)

 

 

3-18     PEACE AND GOOD ORDER.

 

3-18.1       General Regulations.

       a.     Injury to Persons; Property. No person shall willfully or maliciously break or destroy the windows or doors or other parts of any dwelling house or building or enter on the premises or in any buildings with the intent to injure any person, property or building or maliciously throw any missiles, sticks or stones with the intent to injure any person or property.

       b.     Obstruction of Fire Apparatus. No person obstruct or interfere with the passage of any fire apparatus or fireman traveling to and from any fire.

       c.     Public Nuisances. (Obstruction in Streets; Noxious Trades.) Any encroachments or any encumbrances in or upon any street, snow on sidewalks included, road or sidewalk or any public place in the Borough, the pursuing of any trade noxious to the public health or offensive to the senses is hereby declared to be a public nuisance, and upon complaint, the Mayor may appoint a committee from Council or direct the Police Chief or Zoning and/or Housing Officer or any other officer of the Borough to make investigation and by resolution of Council order the nuisance abated in such manner and within such time as set forth in the resolution.

(Ord. No. 79 §§ II; New; Ord. No. 2015-8 § 2)

 

3-18.2       Violations and Penalties.

       Any person violating any provision of this section shall, upon conviction, be liable to a penalty as stated in Chapter 1, Section 1-5. (New)

 

 

3-19     RUNNING OF WASTE WATER INTO STREETS.

       It is unlawful for any person, any property owner, tenant or any person residing in or using any building within the Borough, to permit any waste water from the building to run over or into any street of the Borough, provided however, that this section shall not apply to rain water running from rain spouts attached to the building.

       Any person found violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. (Ord. No. 33 § 1; New)

 

 

3-20     GENERAL PARKING RESTRICTIONS.

       a.     Any area marked with yellow painted curbs or no parking signs indicates no parking.

       b.     No vehicle shall be parked in a manner which in any way obstructs a sidewalk.

       c.     Vehicles shall be parked within the painted lines of any marked parking space.

(Ord. No. 2002-9 Sch. A; Ord. No. 2013-6)

 

 

3-21     RESERVED.

 

(Editor’s Note: Abandoned Vehicles was deleted by Ord. No. 2018-15. History included Ord. Nos. 68-2, 2015-6. See now Chapter X)

 

 

3-22     SKATEBOARDS.

 

3-22.1       Prohibitions.

       No person shall use, operate or ride upon any skateboard on any sidewalks, promenades, malls and/or other walkways, or streets or in public parks, public parking lots and other public places on or along the following streets within the Borough of Elmer:

       South Main Street

       North Main Street to Second Street

       Church Street

       Mill Street

       Chestnut Street

       Front Street

       State Street from Penn Street to North Main Street

       Broad Street from Penn Street to South Main Street

(Ord. No. 2002-8)

 

3-22.2       Definitions.

       Skateboard shall mean a platform or board with rollerskate 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 by some degree by shifting the feet or weight of the rider during such use.

(Ord. No. 2002-8)

 

3-22.3       Violations and Penalties.

       a.     Any police officer who shall observe any person(s) using, operating or riding upon a skateboard in violation of this section shall take possession of the skateboard. In the case of the first violation of this section, a warning shall be issued to the violator and the skateboard shall only be released to the person from whom it was seized, or the parent or guardian of that person if the person is a minor. Said skateboard shall remain in the possession of the Chief of Police until said skateboard is returned in accordance with the section. For a second or subsequent violation of this section, a summons/complaint shall be issued and the matter heard before the Municipal Court. Forfeiture of the seized skateboard for any such second or repeat offender shall be determined by the Municipal Court Judge. There shall be a presumption of forfeiture for a second or subsequent offender. All skateboards forfeited shall become the property of the Borough.

       b.     Any person to be found to have violated this section shall be subject to a minimum fine of one hundred ($100.00) dollars and a maximum fine of one thousand ($1,000.00) dollars.

(Ord. No. 2002-8)

 

 

3-23     ILLICIT CONNECTIONS INTO MUNICIPAL STORM DRAINAGE SYSTEM.

 

3-23.1       Purpose.

       The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of Elmer, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. (Ord. No. 2014-10)

 

3-23.2       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 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

Domestic sewage shall mean waste and wastewater from humans or household operations.

Illicit connection shall mean any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Elmer, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852).  Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

Industrial waste shall mean non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).

Municipal separate storm sewer system (MS4) shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Elmer or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.

NJPDES permit shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) Rules at N.J.A.C. 7:14A.

Non-contact cooling water shall mean water used to reduce temperature for the purpose of cooling.  Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.  Tier A Stormwater Guidance 75

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

Process wastewater shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.  Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

Stormwater shall mean water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

(Ord. No. 2014-10)

 

3-23.3       Prohibited Conduct.

       No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Elmer any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater). (Ord. No. 2014-10)

 

3-23.4       Enforcement.

       The provisions of this section shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer. (Ord. No. 2014-10)

 

3-23.5       Violations and Penalties.

       a.     Any person violating this section shall, upon conviction thereof, be punishable by one or more of the following:  by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

       b.     Any person who is convicted of violating the provisions of this section within one year of the date of previous violation of the same section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the original violation of this section.  Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-10)

 

 

3-24     IMPROPER DISPOSAL OF WASTE INTO MUNICIPAL STORM DRAINAGE SYSTEM.

 

3-24.1       Purpose.

       The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Elmer, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. (Ord. No. 2014-14)

 

3-24.2       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 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.

Municipal separate storm sewer system (MS4) shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Elmer or other public body, and is designed and used for collecting and conveying stormwater. NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.

Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

Stormwater shall mean water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

(Ord. No. 2014-14)

 

3-24.3       Prohibited Conduct.

       The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Elmer is prohibited.  The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited. (Ord. No. 2014-14)

 

3-24.4       Exceptions to Prohibition.

       a.     Water line flushing and discharges from potable water sources

       b.     Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters)

       c.     Air conditioning condensate (excluding contact and non-contact cooling water)

       d.     Irrigation water (including landscape and lawn watering runoff)

       e.     Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows

       f.      Residential car washing water, and residential swimming pool discharges

       g.     Sidewalk,  driveway and street wash water

       h.     Flows from fire fighting activities

       i.      Flows from rinsing of the following equipment with clean water:

        1.      Beach maintenance equipment immediately following their use for their intended purposes; and

        2.      Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.

       Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

(Ord. No. 2014-14)

 

3-24.5       Enforcement.

       The provisions of this section shall be enforced by the Code Enforcement Officer or the Police Department of the Borough of Elmer. (Ord. No. 2014-14)

 

3-24.6       Violations and Penalties.

       a.     Any person violating this section shall, upon conviction thereof, be punishable by one or more of the following: by a period of community service not exceeding 90 days; and/or by a fine of not less than $25.00 or more than $2,000.00, at the discretion of the Judge.

       b.     Any person who is convicted of violating the provisions of this section within one year of the date of previous violation of the same section and who was fined for the previous violation shall be sentenced by the Court to an additional fine as a repeat offender.  The additional fine imposed by the Court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the original violation of this section.  Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.

(Ord. No. 2014-14)

 

 

3-25     SMOKE-FREE PUBLIC PROPERTY.

 

3-25.1       Definitions.

Electronic smoking device shall mean an electronic device that can be used to deliver nicotine or other substances, including vapor, to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe.

Open space shall mean nature areas, greenbelts and wildlife and vegetation habitat areas.

Parks shall mean any parks owned, leased or utilized by the Borough of Elmer.

Public property shall mean any municipal owned, maintained and/or operated building, park, lands or vehicle.

Recreation area shall mean any areas, public or private, open to the general public for recreational purposes, regardless of any fee requirement, including, but not limited to public parks, beach areas, open spaces gardens, children's play areas, sports fields, stadiums, playgrounds, swimming pools, batting cages, tennis and basketball courts, golf courses, riding stables and senior center outdoor areas.

Scheduled public events shall mean any scheduled event within the Borough of Elmer where the public is invited, some of which may require a permit, including but not limited to farmers' markets, concerts, parades, festivals, carnivals and car shows.

Smoking shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, hookah or similar device, or other matter or substance which contains tobacco or any other material that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

Tobacco product shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco, including electronic smoking devices and dissolvable tobacco products not FDA-approved for tobacco cessation.

Trails shall mean along all exercise, walking, hiking and biking trails through parks or open space areas.

(Ord. No. 2014-19)

 

3-25.2       General Restrictions for Outdoor Public Places.

       It is unlawful for any person to use tobacco products or electronic smoking device on public property, open space, recreational facilities, parks, playgrounds, sports fields and recreational properties that are owned, leased, used or operated by the Borough of Elmer.

       Smoking shall be prohibited at all times on or within all public property within the Borough of Elmer including, but not limited to the following places:

       a.     Municipal building and grounds.

       b.     Service areas.

       c.     Parks and Recreation areas.

       d.     Trails.

       e.     At scheduled public events.

       f.     Municipal vehicles.

(Ord. No. 2014-19)

 

3-25.3       Posting Signs.

       A sign shall be clearly, sufficiently and conspicuously posted at every municipal property where smoking is prohibited by this section.  The sign(s) shall state "No Smoking"  or substantially similar language, written in lettering that is not less than 3/4 inches in height and shall contain the international no smoking sign or symbol. (Ord. No. 2014-19)

 

3-25.4       Enforcement.

       The Health Officer or designee, and the Police Department are hereby charged with the enforcement of this section.  All members of the Health Department and the Police are hereby designated as enforcement officers for the purposes of enforcement of this section.

       Any citizen may register a complaint under this section with the Health Officer, or designee, Police Officer, or designee, or Municipal Clerk. 

(Ord. No. 2014-19)

 

3-25.5       Penalties.

       It shall be a violation of this section for any owner, operator, manager or person who controls any premises subject to this section to fail to comply with any of its provisions.  It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe, hookah, electronic smoking device or other product that can be smoked, where smoking is prohibited.  Any person who violates any provision of this section shall be guilty of an infraction, punishable by:

       a.     A fine of not less than $100.00 for the first violation.

       b.     A fine of not less than $200.00 for the second violation.

       c.     A fine of not less than $500.00 for the third or subsequent violation.

(Ord. No. 2014-19)

 

 

3-26     ALARM SYSTEMS.

 

3-26.1       Key Boxes.

       a.     Key Boxes Required.

        1.      Key Box Requirement. All properties within the Borough of Elmer having an automatic fire alarm system or a fire sprinkler system shall be equipped with a key box. Residential property shall be exempt from this requirement.

        2.      Key Box Type. The key box shall be of UL type and approved by the Borough of Elmer Fire Official. The key box shall be installed in a location approved by the Borough of Elmer Fire Official.

        3.      Key Box Contents. The key boxes shall contain the following:

(a)        Keys to locked points of egress, whether on the interior or exterior of such buildings.

(b)        Keys to locked mechanical equipment rooms.

(c)        Keys to locked electrical rooms.

(d)       Keys to elevator controls.

(e)        Keys to other areas as directed by the Borough Fire Official.

        4.      Time for Compliance. All existing buildings shall comply within 12 months of the adoption date of this section (adopted June 11, 2014).  All newly constructed buildings, not yet occupied, or buildings currently under construction shall comply immediately.

        5.      Penalties. Any building owner violating this article after notice from the Borough of Elmer Fire Official shall be subject to a fine of $250.00.

(Ord. No. 2014-16 Art. 1)

 

3-26.2       False Alarms.

       a.     Definitions.

       As used in this subsection, the following terms shall have the meanings indicated:

Act of God shall mean an electrical storm, lightening or other power fluctuation or power surge beyond the control of the alarm system owner.

Automatic alarm device shall mean any alarm system which communicates or transmits alarms or prerecorded messages of intrusion, fire, smoke, flood or other peril as a result of the activation of the system.

False alarm shall mean any erroneous or unfounded communication or sound, whether caused by a malfunction of an automatic alarm device, power failure or inadvertence, negligence or intentional or unintentional act of any person, firm or corporation, either directly or indirectly, to a commercial alarm service or to any person causing the communication of peril to the Borough of Elmer Fire and/or Police Department.

Person shall mean any person, firm, partnership or corporation owning an automatic alarm device within the scope of this subsection.

Property owner shall mean any individual, entity, corporation, tenant or other person having a legal interest in a property having an alarm system.

       b.     False Alarms Unlawful.

       It is unlawful for a property owner to have more than five (5) false alarms at any one location in any calendar year.

       c.     Investigation; Recordkeeping.

       Any person having knowledge of alarm activation shall immediately notify the Borough of Elmer Fire Department and/or Police Department. The Police and/or Fire Department shall cause an investigation to be made of all alarm activations, and a record of same shall be kept on file.

       d.     Prevention.

       It shall be the responsibility of all persons that maintain alarm systems within the Borough to prevent the transmission of false alarms through training programs, periodic inspection and maintenance of the alarm system.

       e.     Violations and Penalties.

        1.      For fire and burglar alarms, the first through fifth false alarms in one calendar year, the Borough of Elmer Police Chief or Fire Official shall issue warning letters to the property owner, and a record of same shall be kept on file.

        2.      For each fire and burglar alarm violation thereafter, fines shall be imposed in accordance with the schedule of fines listed in paragraph 5. below, plus court costs.

        3.      Failure to pay a fire alarm penalty will result in a written summons and complaint from the Borough of Elmer Bureau of Fire or the Borough Chief of Police to the violator for adjudication in the Borough of Elmer Municipal Court.

        4.      False alarm activations determined after investigation by the Police and/or Fire Department to be caused by an act of God shall not be penalized per the violation schedule.

        5.      Violations and penalties for false burglar and fire alarms during a calendar year shall be imposed in accordance with the schedule of fines below, plus court costs:

(a)        First through fifth: Written warning and no fine.

(b)       On the sixth alarm a penalty of $300.

(c)        On the seventh alarm a penalty of $350.

(d)       On the eighth alarm a penalty of $400.

(e)        On the ninth alarm a penalty of $450.

(f)        On the tenth alarm a penalty of $500.

(g)       On the eleventh and subsequent alarm a penalty of $500.

       f.     Exceptions.

       The provisions of this subsection shall not apply to the general alerting alarms that may be used by fire companies, ambulance squads or other municipal agencies to summon response of their members. The provisions of this subsection shall not apply to alarm systems that are affixed to motor vehicles.

(Ord. No. 2014-16)

 

 

3-27     EMERGENCY SERVICES COST RECOVERY.

 

3-27.1       Definitions.

       As used in this section:

Expendable items shall mean any items used to extinguish any fire, perform rescue, and/or stop or control or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, rescue, leak or spill. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.

Hazardous materials shall mean any material, solid, liquid or gas, listed as a hazardous substance or material, including but not necessarily limited to such substances and materials listed under the National Fire Protection Association Guide to Hazardous Materials, the Department of Transportation Guide Book and the List of Hazardous Substances and Toxic Pollutants designated by the Federal Environmental Protection Agency and the New Jersey State Department of Environmental Protection.

Vehicle shall mean any motorized equipment, registered or unregistered, including but not limited to a passenger car, motorcycle, truck, tractor-trailer, construction equipment, farm machinery, watercraft, aircraft and trains.

Vessel shall mean any container, drum, box, cylinder, bottle or tank used to hold or contain or carry or store any hazardous material.

(Ord. No. 2018-4)

 

3-27.2       Reimbursable Items.

       Costs incurred by the Borough of Elmer for the following items in connection with the suppression, rescue, control or clean up of a fire, leakage or spillage involving any hazardous material shall be reimbursed to the Borough of Elmer by the responsible parties as set forth in Subsection 3-27.3 below:

a.          The cost of replacement of expendable items.

b.          The expenses incurred by the Borough for the wages (regular and/or overtime) paid to its employees/agents as a result of an incident.

c.          Any and all medical costs incurred by responding personnel.

d.          Any and all environmental tests required to ensure a hazard-free environment (soil, water and air).

e.          A fixed hourly rate for the use of apparatus at incidents and for the use of any other municipal or government vehicles.

f.           Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department/Police to handle such incident.

g.          Vehicle extrication services.

(Ord. No. 2018-4)

 

3-27.3       Parties Responsible For Reimbursement.

       Reimbursement to the Borough for any reimbursable items, as set forth above, shall be made by the following parties: The owner, operator, person or entity responsible for any vehicle or vessel containing hazardous material involved in any fire or release on public or private property, whether stationary or in transit, whether accidental, through negligence or criminal act. (Ord. No. 2018-4)

 

3-27.4       Reimbursement and Period for Payment.

       Any responsible party, as set forth in Subsection 3-27.3, hereof, shall reimburse the Borough of Elmer for the full price of any reimbursable items used to extinguish such a fire, stop or contain such release or control and clean up such release within forty-five (45) days after receipt of a bill for such items from the Borough of Elmer. Upon the failure to reimburse the Borough of Elmer for the cost of such items within said forty-five (45) day period, and in addition to the penalty provided in Subsection 3-27.5, the Borough of Elmer may take such action as may be provided by law to recover such cost from the responsible party. (Ord. No. 2018-4)

 

3-27.5       Violations and Penalties.

       Any person, firm or corporation violating this section shall be subject, upon conviction, to one or more of the following: imprisonment in the county jail for any term not exceeding ninety (90) days; or by a fine of no less than one hundred ($100.00) dollars and not more than two thousand ($2,000.00) dollars; and/or by a period of community service not exceeding ninety (90) days. (Ord. No. 2018-4)

 

 

 

CHAPTER 3 POLICE REGULATIONS
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