CHAPTER VI  POLICE REGULATIONS*

 

 

6-1    LITTERING.

6-1.1    Definitions.

 

         As used in this section:

 

Garbage shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

 

Litter shall mean garbage, refuse and rubbish as defined herein, and all other waste material which, if thrown, deposited or stored as herein prohibited, tends to create a danger to public health, safety and welfare.

 

Private premises shall mean any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling house, building or other structure. 

 

Public place shall mean any street, sidewalk, alley or other public way and any and all public parks, squares, spaces, grounds and buildings.

 

Public structure or building shall mean any structure or building owned or operated by the Federal, County or State government or any governmental agency.

 

Refuse shall mean all putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

 

Rubbish shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as papers, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, building materials and similar materials.

 

Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. 

(1972 Code § 88-1)

 

6-1.2    Littering in Public Places Prohibited.

         No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Borough except in public receptacles or in authorized private receptacles for collection; provided, however, that public receptacles shall not be used by persons owning or occupying property in the vicinity of the public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of the activities.  (1972 Code § 88-2)

 

6-1.3    Use of Receptacles to Prevent Scattering Required.

         Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place.  (1972 Code § 88-3)

 

6-1.4    Sweeping Litter into Public Places Prohibited.

         No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.  Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.  (1972 Code § 88-4)

 

6-1.5    Merchants Required to Keep Sidewalks Free of Litter.

         No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough any accumulation of litter and all persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.  (1972 Code § 88-5)

 

6-1.6    Littering in Bodies of Water Prohibited.

         No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Borough.  (1972 Code § 88-8)

 

6-1.7    Distributing Handbills in Public Places Restricted.

         No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough.  It shall not be unlawful on any sidewalk, street or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill to any person willing to accept it.  (1972 Code § 88-9; New)

 

6-1.8    Depositing Handbills Upon Vehicles Prohibited.

         No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereon a commercial or noncommercial handbill to any occupant of a vehicle who is willing to accept it. (1972 Code § 88-10; New)

 

6-1.9    Depositing Handbills on Uninhabited or Vacant Premises Prohibited.

         No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.  (1972 Code § 88-11)

 

6-1.10  Distributing Handbills on Posted Premises Prohibited.

         No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Peddlers or Agents," "No Advertisements" or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.  (1972 Code § 88-12)

 

6-1.11  Posting of Notices Restricted.

         No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, street sign, traffic sign post or shade tree, or upon any public structure or building, except as may be authorized by the owners thereof or required by law.  (1972 Code § 88-14)

 

6-1.12  Litter on Occupied Private Property Prohibited.

         No person shall throw, deposit or store litter on any occupied private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection and removal of same in such manner that same shall not be unsightly and detrimental to the surrounding neighborhood.  (1972 Code § 88-15)

 

6-1.13  Owner to Maintain Premises Free of Litter.

         The owner or person in control of any private property shall at all times maintain the premises free of litter, particularly one (1) or more automobile bodies, frames or chassis, one (1) or more automobiles unable to be self-propelled, or one (1) or more abandoned automobiles; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.  (1972 Code § 88-16)

 

6-1.14  Depositing Litter on Vacant Lots Prohibited. 

         No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.  (1972 Code § 88-17)

 

6-1.15  Violations and Penalties.

         Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.  (1972 Code § 88-18; New)

 

 

6-2    GENERAL PROHIBITIONS.

6-2.1    Nude Bathing Prohibited.

         No person shall, within the limits of the Borough, bathe, swim or be found in a state of nudity in the waters of any pond, stream or lake, or in waters adjacent thereto.  (1972 Code § 99-2)

 

6-2.2    Disrobing in Parked Vehicles Prohibited.

         No person shall, within the limits of the Borough, disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, park or other public place.  (1972 Code § 99-3)

 

6-2.3    Containerized Yard Waste.

       a.     Definitions. As used in this subsection:

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

Street shall mean 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 shall mean 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 shall remove the yard waste from the street or said party shall be deemed in violation of this subsection.

       c.     Enforcement. The provisions of this subsection shall be enforced by the Police Department and Code Enforcement Officer of the Borough of Watchung.

       d.     Violation and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.

(Ord. No. 04/18 §§ 1–3)

 

6-2.4    Distributing or Strewing Papers Prohibited.

         No person shall distribute, strew about or place or cause to be distributed, strewed about or placed in any street, alley, sidewalk, motor vehicle or public place, areaway or yard, or upon the steps or porch of any building, or in any receptacle upon the premises of any resident with the Borough, any papers, circulars, cards or pamphlets, except such papers or other matter as may be ordered or subscribed for by any occupant of the premises.  (1972 Code § 99-9)

 

6-2.5    Deposit of Rubbish and Refuse Restricted. 

         No person shall deposit rubbish or trash as follows:

 

       a.     No person shall sweep, cast, throw or deposit or cause to be swept, cast, thrown or deposited upon any street, alley, sidewalk, gutter or other place within the Borough, any paper, rags, straw, wood boxes, rubbish or refuse of any kind or deposit any rubbish or refuse upon the surface of any lot or land bordering any street of the Borough.

 

       b.     No person shall deposit, cast, throw or otherwise dispose of rubbish or refuse in the Borough, which rubbish and refuse includes all accumulations and waste substances from private homes and premises, stores and other buildings of whatever nature, by casting, throwing or depositing the rubbish and refuse in receptacles provided by the Borough at various locations, nor shall any person cast, throw or deposit rubbish and refuse which are accumulations and waste substances from private homes and premises, stores and other buildings of whatever nature whatsoever in receptacles or dumpsters owned by private individuals, corporations or other entities without first obtaining the written permission of the owner of the receptacles or dumpsters. 

(1972 Code § 99-10)

 

6-2.6    Pollution of Waters and Littering of Banks Prohibited.

         No person shall, within the limits of the Borough, throw or discard any tin cans, bottles, garbage or refuse of any kind into the waters of any pond, stream or lake or into waters adjacent thereto or discharge any sewage or waste into these waters or pollute these waters in any manner whatsoever.  All property owners and occupants thereof abutting any pond, stream, lake or other body of water, to the extent of their ownership or occupancy, shall keep the banks and stream beds and bodies of water within the Borough free of litter, refuse and rubbish, regardless of the source of the same.  (1972 Code § 99-11)

 

6-2.7    Throwing of Dangerous Substances Prohibited.

         No person shall throw any stones, sticks, glass, metal or any hard, dangerous or offensive substance into any street, byway or public place or at any car, vehicle, house, building, fence or person within the Borough limits.  (1972 Code § 99-12)

 

6-2.8    Crying of Goods Prohibited.

         No person shall, on any street, park or other public place within the Borough, ring any bell or blow any horn or make any public outcry at or for any public sale, auction or venue, or to advertise any goods, wares or merchandise for sale, or to attract any attention or gain passengers for any cab, taxicab or omnibus.  (1972 Code § 99-18)

 

6-2.9    Gaming Restrictions.

       a.     Subject to the provisions of N.J.S.A. 5:8-1, et seq. and the rules and regulations adopted by the Legalized Games of Chance Control Commission it shall be lawful to license churches or religious congregations and organizations, charitable, educational, fraternal organizations, civic and service clubs, the volunteer fire department and rescue squad to hold and operate specific kinds of games of chance as specified by the Control Commission, the conduct thereof to be as prescribed by rules and regulations duly adopted from time to time by the Legalized Games of Chance Control Commission.

 

       b.     The holding of the game or games of chance specified by the Control Commission is permitted in the Borough, including Sunday, provided that all of the other rules and regulations of this subsection and as prescribed by the Legalized Games of Chance Control Commission are complied with. 

(1972 Code § 99-21)

 

6-2.10   Discharge of Firearms, Destructive Devices, Weapons or Caps Prohibited; and Bow and Arrow Hunting Prohibited.

       a.     No person shall, within the Borough, fire or discharge any firearm, destructive device or weapon as same are defined in N.J.S.A. 2C:39-1, or other appliance for discharging metal or paper caps such as are used in toy pistols, except as permitted by the Borough's Community Deer Management Program. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.

       b.     No person shall, within the Borough, engage in any form of bow and arrow hunting. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.

(1972 Code § 99-23; Ord. No. 06/01 § 1; Ord. No. OR:10/18; Ord. No. OR:10/19 § 1)

 

6-2.10.1   Community Deer Management Program.

       a.     There is hereby established within the Borough, a Community Deer Management Program. The purpose of this program is to control the Borough's deer population. On an annual basis, the Borough Council may designate an agent to perform deer culling. Deer culling will only be permitted within the Borough during Permit Shotgun Season as defined by the New Jersey Division of Fish and Wildlife and in accordance with the Borough's rules and regulations for deer culling, which shall be maintained in the Office of the Borough Clerk. No other form of deer hunting is permitted within the Borough. Any person(s) who is found to be in violation of the provisions of this chapter where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.

       b.     The Borough's rules and regulations for deer culling shall be adopted by resolution of the Borough Council. The rules and regulations for deer culling shall be adopted in conjunction with the Borough's designation of an agent to perform deer culling.

(Ord. No. OR:10/19 § 2)

 

6-2.11  Discharge of Fireworks Restricted.

       a.     No person shall, within the limits of the Borough of Watchung, offer for sale, expose for sale, sell, possess or use, or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; torpedoes; skyrockets, Roman candles, bombs, sparklers or other fireworks of like construction or any fireworks containing any explosive or inflammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, other than automobile, aviation and railroad signal light flares, except: (1) that it shall be lawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing .25 grain or less of explosive compound per cap are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper or plastic caps which contain less than .25 grain of explosive mixture per cap; and (2) except as this subsection further provides.

 

       Except as otherwise may be provided in this subsection, it shall be lawful to sell fireworks to a person only if that person is named as the authorized purchaser in a valid permit issued pursuant to subsection 6-2.17b. hereof, and the permit is presented to the manufacturer, seller or distributor at the time of purchase.  If the manufacturer, seller or distributor is located in a state other than this State, a purchase shall be by mail order form and a photocopy of the valid permit or registration shall be submitted with the form to satisfy the requirement in this subsection.

 

       b.     The Borough Council may, upon application in writing at least fifteen (15) days in advance of the display date and upon the verification of appropriate insurance coverage, authorize the Fire Official, pursuant to N.J.A.C. 5:18-2.7 to grant a permit for the purchase, possession and public display of fireworks by municipalities, religious, fraternal or civic organizations, fair associations, amusement parks, or other organizations or groups of individuals approved by the Borough Council.

 

       The Borough Council may by resolution grant such permission when such display is to be handled by a competent operator, to be approved by the Chiefs of the Police and Fire Departments of the Borough and the Borough Fire Official.  Such display shall be of such a character, and so located, discharged, or fired, as in the opinion of the Chiefs of the Police and Fire Departments, after proper inspection, shall not be hazardous to property or endanger any person or persons.

 

       A permit issued pursuant to this subsection shall contain an identification number and the specific types or kinds of fireworks to be used.  The permit shall name one (1) person who shall be authorized to purchase, or otherwise order, and receive delivery of any fireworks.  After such permit shall have been granted, sales, possession, and use of fireworks for such display shall be lawful for that purpose only.

 

       c.     All applications for permits pursuant to this subsection shall set forth the name of the person authorized to purchase, or otherwise order, and receive delivery of any fireworks, the specific types or kinds of fireworks to be obtained and used, the date, the hour, place of making such display, and place of storing fireworks prior to the display and, further, the name or names of the person, persons, firm, partnership, corporation, association or group of individuals making the display, and the name of the person or persons in charge of the igniting, firing, setting-off, exploding or causing to be exploded such fireworks.  The location of the storage place shall be subject to the approval of the Fire Official of the Borough of Watchung.  No permit granted hereunder shall be transferable.

 

       d.     The Borough Council shall require insurance in the sum of not less than one million ($1,000,000.00) dollars or such sums as the Joint Insurance Fund shall require from time to time, conditioned for the payment of all damages, which may be caused either to a person or persons or to property, by reason of the display so as aforesaid licensed, and arising from any acts of the licensee, his agents, employees or subcontractors.  Such surety shall run to the Borough, and shall be for the use and benefit of any person, persons, or the owner or owners of any property so damaged, who is or are authorized to maintain an action thereon, or his or their heirs, executors, administrators, successors of assigns.

 

       e.     A duplicate copy of the application and of the permit granted shall be forwarded to the Office of Safety Compliance in the New Jersey State Department of Labor by the Borough Clerk and such copies shall be kept on file by the Borough Clerk subject to public inspection.

 

       f.     Nothing in this subsection shall be construed to interfere with the provisions of any statute, State code provision or the New Jersey State Fire Prevention Code, Chapter 31 of this State, which shall take precedence over this subsection and supplement the same, nor shall anything in this subsection contained be construed to prohibit any manufacturer, wholesaler, dealer or jobber from selling at wholesale such fireworks to municipalities, religious, fraternal or civic organizations, fair associations, amusement parks, or other organizations or groups of individuals authorized to possess and use fireworks under this subsection, or the sale of any kind of fireworks, provided the same are to be shipped directly out of the State; or the sale or use of blank cartridges for a show or theater, or for signal purposes in athletic sports, or be railroads for signal purposes, or for the use by the militia, or construed to prohibit the manufacture and sale of automobile, aviation and railroad light flares.

 

       g.     An entity shall not manufacture, store, offer or expose for sale, sell at retail or discharge any fireworks, except for the approved supervised display of fireworks.  The Borough Fire Official shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this chapter.

 

       The use of what are technically known as fireworks showers, or of any composition containing potassium and sulfur, in theaters or public halls shall be subject to prior approval by the Borough Fire Official and the following conditions shall apply:

 

         1.     Fireworks shall be discharged and operated in accordance with manufacturers’ directions and specifications.

 

         2.     The owner/operator shall provide a full demonstration to the Borough Fire Official prior to final operation.

 

         3.     Fireworks shall be discharged so as not to endanger the public by escape of any hot particles from the stage area.

 

         4.     A fire watch, with proper extinguishing equipment as approved by the Borough Fire Official, shall be maintained during the operation at both sides of the stage area.

(Ord. No. 00/14 § 1)

 

6-2.12  Obstruction of Streets Prohibited.

         No person shall unnecessarily obstruct any street, alley or public place of the Borough with any kind of vehicle or vehicles, or with a box or boxes, lumber, wood or any other thing.  (1972 Code § 99-27; New)

 

6-2.13  Parades and Processions Restricted; Permit Required.

         No person, association or corporation shall hold, conduct or take part in any parade, procession, meeting, concert or the like through, in or upon any public street or place in the Borough without a written permit from the Mayor, to be issued and to be revocable in his discretion as he may deem conducive to the public welfare, specifying the place or places and the time or times when such function may be held or conducted; provided that nothing in this subsection shall be held or construed to apply to any funeral procession or parade incidental to or connected with any funeral, nor to any procession or parade of any body of police or firemen of the Borough, militia of the State or troops of the United States of America; and provided further that no permit so issued by the Mayor shall be held or construed to authorize any licensee thereunder unreasonably to inconvenience the public or any member thereof in the lawful use of any public street or public place in the Borough, or to create, cause or encourage any public disorder or disturbance whatsoever, or to limit in any manner the powers of the police in the exercise of their duties to regulate traffic generally and to maintain peace and order within the Borough, or otherwise, and for such purpose to order any such function to be disbanded or otherwise terminated.  During the absence or disability of the Mayor, the Chairman of the Police Committee, and during his absence or disability, the Chief of Police, shall have authority to issue and revoke such permits.  (1972 Code § 99-31)

 

6-2.14   Police, Fire and Burglar False Alarms.

         Any person, company or business who operates, maintains or owns any alarm device or local alarm system designed to summon the Police Department, Fire Department or other municipal agency to any location in response to any type of alarm signal shall be responsible for the proper functioning of the equipment or system. Any alarm activated by inadvertence, negligence or the unintentional act, other than an alarm caused by an intruder or caused by malfunctioning of the alarm system, maybe deemed a false alarm, and may be assessed the following penalties:

       a.     For the first false alarm in any twelve (12) month period commencing with the first false alarm, a warning may be issued.

       b.     For the second and third false alarms in any twelve (12) month period commencing with the first false alarm, a summons may be issued, and upon conviction thereof be subject to a penalty of not less than one hundred ($100.00) dollars.

       c.     For the fourth false alarm in any twelve (12) month period commencing with the first false alarm, a summons may be issued, and upon conviction thereof be subject to a penalty of not less than two hundred fifty ($250.00) dollars.

       d.     For false alarms in excess of four (4) in any twelve (12) month period commencing with the first false alarm, a summons may be issued, and upon conviction thereof be subject to a penalty of not less than five hundred ($500.00) dollars.

       e.     This section may be enforced by either the Borough of Watchung Police Department or the Borough of Watchung Bureau of Fire Prevention.

(1972 Code § 99-34; Ord. No. OR:08/21 § 1)

 

6-2.15  Violations and Penalties.

         Any person who violates any provision of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.  (1972 Code § 99-35; New)

 

6-2.16  Interference with Retail or Wholesale Practices.

         No person shall purposely interfere with, hinder, disturb or obstruct any retail or wholesale business operation, function or activity, nor shall any person purposely interfere with, hinder, disturb or obstruct any retail or wholesale business owner, employee, agent or personnel acting in the furtherance of the interests of that business with the intent to prevent, undermine or otherwise obstruct the lawful retail or wholesale practices of the business. This subsection does not apply to conduct considered lawful competitive economic practices. (Ord. No. 05/09 § 1)

 

 

6-3    WILDLIFE FEEDING.*

 

6-3.1    Purpose.

         An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Watchung, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 04/19 § 1)

 

6-3.2    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.

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

Wildlife shall mean all animals that are neither human nor domesticated.

(Ord. No. 04/19 § 1)

 

6-3.3    Prohibited Conduct.

       a.     No person shall feed, in any public park or on any other property owned or operated by the Borough of Watchung, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers.  (Ord. No. 04/19 § 1)

 

6-3.4    Enforcement.

       a.     This section shall be enforced by the Police Department, Code Enforcement Officer and the Board of Health of the Borough of Watchung.

       b.     Any person found to be in violation of this section shall be ordered to cease the feeding immediately.

(Ord. No. 04/19 § 1)

 

6-3.5    Violations and Penalties.

         Any person(s) who is found to be in violation of the provisions of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty. (Ord. No. 04/19 § 1)

 

 

6-4    SHOPPING CARTS.

6-4.1    Definitions.

         As used in this section:

 

Shopping carts shall mean all carts, baskets or containers equipped with wheels and propelled by human power, used or intended to be used for the carrying of merchandise or goods.

(1972 Code § 112-1)

 

6-4.2    Abandonment in Public Places Prohibited; Return Required.

         No person shall leave or abandon or suffer or permit to be left or abandoned any shopping cart in or upon any public street, sidewalk, public or quasi-public area, and shall be required, when taking a shopping cart from any store premises, to immediately return same to the store premises from which it was obtained.  (1972 Code § 112-2)

 

6-4.3    Merchants Failing to Control Carts Responsible for Abandonment.

         Any owner or merchant who permits a shopping cart to be taken out of the store premises, and fails to maintain such control thereof as will accomplish its return promptly without the same being left in or upon any public street, sidewalk or public or quasi-public area, shall be held responsible for leaving and permitting such shopping cart to be left in such area.  (1972 Code § 112-3)

 

6-4.4    Permanent Identification of Carts Required.

         The owner or owners of shopping carts shall affix a permanent identification to each, indicating the name and address of the owner thereof.  (1972 Code § 112-4)

 

6-4.5    Impoundment of Abandoned Carts; Redemption Fee.

         The Police Department shall remove or cause to be removed any shopping cart found unattended or abandoned upon any public street, sidewalk, public or quasi-public area and shall take or cause same to be taken to a storage area designated by the Police Department until redeemed by the owner or sold or disposed of as provided for herein.  If identification of the owner, lessor or lessee appears on a shopping cart, the Police Department is directed to mail a notice to the owner, lessor or lessee advising that he has a period of ten (10) days from date of mailing the notice within which to redeem the shopping cart.  A charge of ten ($10.00) dollars shall be paid to the Borough of Watchung for each shopping cart redeemed to cover the cost of recovery and administration of this section.  (1972 Code § 112-5)

 

6-4.6    Disposal of Unredeemed Carts.

         If a shopping cart is not redeemed within ten (10) days of its taking, the Police Department shall cause a public notice to be advertised in a newspaper authorized to accept legal publications for the Borough, fixing a date, time and place of a public sale to the highest bidder.  The owner, lessor or lessee of any shopping cart may redeem same at any time prior to the actual public sale of the cart, provided that in addition to the sum of ten ($10.00) dollars there is paid the prorated Borough disbursements for advertising and sale.  In the event any shopping cart shall remain unredeemed and unsold at public sale, the Police Department may dismantle, destroy or otherwise dispose of it.  Any public sale or other disposition of any shopping cart shall be without liability to the Borough of Watchung, the Police Department, their agents and employees.  (1972 Code § 112-6)

 

6-4.7    Disposition of Moneys Received.

         Immediately after a shopping cart is redeemed or sold, the Chief of Police shall pay over to the Treasurer of the Borough the amount received for redemption or sale plus costs and expenses collected and an itemized statement thereof.  (1972 Code § 112-7)

 

6-4.8    Violations and Penalties.

         Any person found guilty of violation of this section or any of the provisions thereof shall be subject to a fine not exceeding fifty ($50.00) dollars for a first offense and one hundred ($100.00) dollars for a second or subsequent offense.  The penalty herein affixed shall be in addition to any fees for redemption or costs of public sale.  (1972 Code § 112-8)

 

6-4.9    Designated Outside Storage Areas Permitted.

         Nothing herein contained shall prevent or prohibit the leaving of shopping carts outside a store or market premises if the same are placed in an area specifically designated therefor by the owner, so as not to create an obstruction, interference or hazard to pedestrians or operators of motor vehicles.  (1972 Code § 112-9)

 

 

6-5    TRAPPING.

6-5.1    Trapping Prohibited; Exceptions.

       a.     No person shall at any time set or use a trap of any kind designed or intended to take hold, capture or kill any bird or animal within the Borough, except as provided herein.

 

       b.     Exceptions.  In order to protect property or health, the owner or tenant of any property within the Borough may trap birds or animals within any building on the property of which he is the owner or tenant by any means, or may trap any bird or animal by means of a cage-type trap, commonly called "cage trap," "cage door trap" or "live trap," designed to capture animals alive.

(1972 Code § 125-1)

 

6-5.2    Violations and Penalties.

         Any person who violates any provision of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.  (1972 Code § 125-2; New)

 

 

6-6    DRUG FREE ZONES MAPS.

6-6.1    Definitions.

         As used in this section:

 

Public housing facility shall mean any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the “Local Redevelopment and Housing Law,” P.L. 1992, c.79 (C. 40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.

 

Public building means any publicly owned or leased library or museum.

 

Public park has that meaning contained in N.J.S.A. 2C:35-7.1.

 

School crossing has that meaning contained in N.J.S.A. 39:1-1 et seq.

 

School property shall mean school property used for school purposes which is owned by or leased to any elementary or secondary school or the Borough of Watchung Board of Education.

(Ord. No. 01/23 § 99A-1)

 

6-6.2    Adoption of Maps.

       a.     In accordance with and pursuant to the authority of P.L. 1988, c. 44 (C.2C:35-7), the map dated December 12, 2001, and prepared under the supervision of the Borough of Watchung Engineer is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Watchung of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or the Borough of Watchung Board of Education (“School Board”) and of the areas on or within one thousand (1,000) feet of such school property.

 

       b.     In accordance with and pursuant to the authority of P.L. 1997, c.327 (C.2C:35-7.1), the map dated December 12, 2001, and prepared under the supervision of the Borough of Watchung Engineer is hereby approved and adopted as an official finding and record of the location and areas within the Borough of Watchung of property which is used as a public park, public building or public housing facility and of the areas on or within five hundred (500) feet of such property.

 

       c.     In accordance with and pursuant to the authority of P.L. 1999, c.185 (C.2C:11-5), the map dated December 12, 2001, and prepared under the supervision of the Borough of Watchung Engineer is hereby adopted as an official finding and record as to the location and boundaries of school crossings as defined in N.J.S.A. 39:1-1 et seq. 

(Ord. No. 01/23 § 99A-2)

 

6-6.3    Maps to Constitute Official Finding.

       a.     The map approved and adopted pursuant to subsection 6-6.2a. of this section 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 drug-free school zones.

 

       b.     The map approved and adopted pursuant to subsection 6-6.2b. of this section shall constitute an official finding and record as to the location and boundaries of areas on or within five hundred (500) feet of property used as a public park or public building 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 public parks and buildings drug-free zones.

 

       c.     The map approved and adopted pursuant to subsection 6-6.2c. of this section shall continue to constitute an official finding and record as to the location and boundaries of school crossings as defined in N.J.S.A. 39:1-1 et seq., 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 crossings.

(Ord. No. 01/23 § 99A-3)

 

6-6.4    Notification of Changes in Location and 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 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 the School Board and which is used for school purposes or school crossings.  (Ord. No. 01/23 § 99A-4)

 

6-6.5    Filing of Maps; Copies.

         The Borough Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to this section, 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 shall be provided without cost to the Somerset County Clerk and to the office of the Somerset County Prosecutor.  The Borough Clerk is also directed to forward a copy of this section, once adopted, and the map approved and adopted pursuant to this section to the Court Administrator, Chief of Police and Prosecutor of the Borough of Watchung.  (Ord. No. 01/23 § 99A-5)

 

6-6.6    Maps as Evidence in Prosecutions.

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

 

       a.     It is understood that the maps approved and adopted pursuant to this section were prepared and are intended to be used as evidence in prosecutions arising under the criminal laws of the State of New Jersey, and that, pursuant to applicable law, such maps 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 the School Board.

 

         3.     Such school property is and continues to be used for school purposes.

 

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

 

         5.     The location of public parks and buildings within the Borough.

 

         6.     The boundaries of the public parks and buildings within the Borough.

 

         7.     Such public property is and continues to be used for public purposes.

 

         8.     The location and boundaries of areas which are on or within five hundred (500) feet of such public property.

 

         9.     The location of all school crossings within the Borough.

 

         10.   Such school crossings are and continue to be used for school crossing purposes.

 

       b.     All of the property depicted 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 P.L. 1987, c. 101: (C.2C:35-7), and all of the property depicted as public parks and buildings was owned or leased by the Borough of Watchung as of January 9, 1998, that being the effective date of P.L. 1997, c. 327 (C.2C:35-7.1), all of the school crossings depicted as school crossings were used as school crossings as of December 1, 1999, that being the effective date of P.L. 1999, c. 185 (C.2C:11-5 and C.2C:12-1).

 

       c.     The prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of any offense defined by applicable law, including use of a map or diagram other than the ones approved and adopted pursuant to this section.  The failure of the maps 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, and real property comprising a public park or a public building, or used as a school crossing, 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 municipality or that such property is not used for a school or as a public park or public building or for a school crossing.

 

       d.     All of the requirements set forth in applicable law concerning the preparation, approval and adoption of the maps have been satisfied.

(Ord. No. 01/23 § 99A-6)

 

 

6-7    CONTAMINATING, DESTROYING, OR INTERFERING WITH AUTHORIZED CULLING SITES OR BAIT STATIONS PROHIBITED.

 

6-7.1    Prohibition.

         No person shall purposely or knowingly contaminate, destroy, or interfere with, or purposely or knowingly cause to be contaminated or destroyed, any culling site or ground-feeding station or other mechanism established to bait white-tail deer within the Borough of Watchung, provided such culling site or bait station is solely used by a vendor of the Borough authorized to implement a Community Based Deer Management Plan. "Interfere with" includes but is not limited to physically interfering with a culling site or bait station or enticing or luring away of deer from the authorized culling site or baiting station. It shall be presumed that the person is purposely or knowingly interfering with a culling site or bait station if that person uses any method to physically disrupt the cull or places feed in competition with the authorized culling or baiting site. (Ord. No. 04/17)

 

6-7.2    Violations and Penalties.

         Any person who violates any provision of this section, where no other penalty is specified, shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty. (Ord. No. 04/17)

 

 

6-8    ALL TERRAIN VEHICLES.

 

6-8.1 Purpose.

       The Borough finds that the operation of motorized recreational vehicles has previously been conducted in a manner so as to disturb the peace, quiet and tranquility of others and/or in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of others or the property of others. This section proposes to regulate their use in order to minimize the impact of such use on the residents of the Borough, the public at large, the environment, and to assure minimum standards of safety. (Ord. No. OR:09/07 § 1)

 

6-8.2 Definitions; Word Usage.

       a.     Whenever any words and phrases are used in this section, the meaning respectively ascribed to them in N.J.S.A. 39:1-1 et seq., shall be deemed to apply to such words and phrases used herein.

       b.     As used in this section, the following terms shall have the meanings indicated:

All-terrain vehicle shall mean a motor-operated vehicle, designed to travel over any terrain, of a type possessing three (3) or more rubber tires, but shall not include golf carts.

Motorcycle shall mean and include motorcycles, motor bikes, bicycles with a motor attached and all motor-operated vehicles of the bicycle or tricycle type.

Public highway shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Public lands shall mean any and all real property which is owned or controlled by a governmental entity, including conservation areas, utility easements and drainage easements.

Snowmobile shall mean any motor-operated vehicle, designed primarily to travel over ice or snow, of a type which uses sled-type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.

(Ord. No. OR:09/07 § 1)

 

6-8.3 Operation and Use Restrictions.

       a.     No person shall operate any recreational motorized vehicles, including but not limited to snowmobiles, two-wheel vehicles known as "minibikes," trail bikes; motor scooters; three (3) or more rubber tire motor vehicles known as "all-terrain vehicles" (ATVs), and four-wheel motor vehicles known as "go-carts," under the following circumstances:

        1.      On any property without the written permission of the owner or occupant of the property; within fifty (50) feet from the property line without the written permission of the owner or occupant of that adjoining property, or within one hundred (100) feet of a public street or right-of-way.

        2.      On any public street, sidewalk or bike path within the Borough unless the operator is fully dismounted or otherwise permitted.

        3.      On public property unless written permission for the operation of any recreational motor vehicles on said property has been specifically given by the applicable public authority.

        4.      In a manner so as to create loud, unnecessary or unusual noise so as to annoy other persons or to disturb or interfere with the peace and quiet of the Borough. No person shall operate a recreational motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m. prevailing time or sunset, whichever shall first occur, Monday through Friday, and before the hour of 10:00 a.m. and after the hour of 7:00 p.m. prevailing time or sunset, whichever shall first occur, Saturday and Sunday. No person shall cause dust to be created which disturbs the peace and repose of neighbors, causes property damage to neighboring homes and creates traffic hazards to passing motorists.

        5.      In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of property of any person, including the operator of the vehicle.

        6.      No person operating a recreational motorized vehicle shall carry any passenger or passengers therein or thereon unless said vehicle is specifically equipped for the purpose of carrying one (1) or more passengers, nor carry more passengers therein or thereon that such vehicle is specifically equipped to carry.

        7.      Protective Helmet. It shall be unlawful for any person to operate or to permit to be operated, or to ride as a passenger, on any recreational motorized vehicle without wearing a protective helmet approved by the Chief Administrator of the New Jersey Motor Vehicle Commission. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in N.J.S.A. 39:3-76.7 through N.J.S.A. 39:3-76.10.

        8.      Headlights, tail lights, brakes and mufflers. It shall be unlawful for any person to operate or permit to be operated a recreational motorized vehicle that is not equipped with working headlights, tail lights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model without modifications.

        9.      It shall be unlawful for any person to operate or permit to be operated a recreational motorized vehicle without lighted headlights and lighted tail lights.

        10.    Pursuit of Wildlife. It shall be unlawful for any person to operate or permit to be operated a recreational motorized vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.

        11.    Electric Transmission Line. It shall be unlawful for any person to operate or permit to be operated a recreational motorized vehicle upon any electric transmission line right-of-way, except for electric transmission line personnel in the performance of their duties.

        12.    Rules and Regulations. It shall be unlawful for any person to violate any provision of this section or any rule or regulation adopted pursuant to this section.

(Ord. No. OR:09/07 § 1)

 

6-8.4     Impoundment.

       a.     Any police officer enforcing this section may impound any recreational motorized vehicle operated on public or private property if the vehicle cannot be legally driven upon the public roadways of this State.

       b.     In cases involving persons under the age of seventeen (17) years old, the vehicle may be returned to the operator's parent or legal guardian upon payment of all costs and fees associated with the impoundment, which may include, but not be limited to, storage fees. In the case of an unregistered vehicle, the vehicle shall be released from impoundment upon proof that the vehicle has been properly registered and insured under the New Jersey statutes and upon payment of all fees and costs incurred in the impoundment, including, but not limited to, storage fees. In the case of the vehicle being unable to be registered and insured in this State and if the person is under the age of eighteen (18) years old, then the vehicle may be returned to his/her parent or guardian.

       c.     In the event that the impounded vehicle is unable to be driven legally upon the roadways of this State (i.e., all-terrain vehicles, dirt bikes and such), the vehicle must be removed from impound by either towing or carting.

(Ord. No. OR:09/07 § 1)

 

6-8.5     Exemptions.

       Section 6-8 shall not apply to lawn mowers, tractors or farm, lawn, garden or similar equipment for residential use or business or agricultural/farming activities when used for the purposes for which each was designed. (Ord. No. OR:09/07 § 1)

 

6-8.6     Penalties.

       a.     The violation of any part of this section shall constitute a separate and distinct offense independent of the violation of any other section issued pursuant to this section. Each day of violation shall constitute an additional, separate and distinct offense.

       b.     In cases where a minor is involved, a verbal first warning and copy of this section may be provided to both the minor and the parent or legal guardian in lieu of a summons, at the discretion of the police officer.

       c.     If within ninety (90) days of the first warning the recreational motorized vehicle in question is again operated in a manner violating this section (not necessarily the same offense), the operator, parent or guardian of the operator may be cited for violation of this section and subject to the penalties described above.

       d.     In the case of violations of trespassing, the police may, in addition to issuing a summons, also immediately impound the vehicle used or operated in violation of this section. The vehicle will be returned upon payment of any towing or removal costs and/or any court-ordered fines.

       e.     Any person(s) who is found to be in violation of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.

(Ord. No. OR:09/07 § 1)

 

 

6-9    POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY BY UNDERAGE PERSONS.

 

6-9.1 Definitions.

       As used in this section:

       Guardian shall mean a person who has qualified as a guardian of the underage person pursuant to testmenatry or court appointment.

       Relative shall mean the underage person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

       (Ord. No. OR:10/15 § 1)

 

6-9.2 Underage Possession or Consumption of Alcoholic Beverages.

       It is unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. (Ord. No. OR:10/15 § 2)

 

6-9.3 Exceptions.

       a.     This section does not prohibit an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

       b.     This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in the culinary arts or hotel management program at a County vocational school or post secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

(Ord. No. OR:10/15 § 3)

 

6-9.4 Penalties.

       a.     A violation of this section shall be punishable by a fine of two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent offense.

       b.     The court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.

       c.     If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.

       d.     The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

       e.     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Commission the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

(Ord. No. OR:10/15 § 4)

 

 

6-10  DO NOT KNOCK LIST AND DO NOT DROP OFF LIST.

 

Editor’s Note: Prior ordinance history: Ordinance No. OR:11/02)

 

6-10.1   Preparation of Do Not Knock/Drop Off List.

       The Borough Clerk shall prepare and maintain a list of those residents who notify the Borough Clerk by completing a form that no soliciting, peddling, and canvassing, nor the placement of literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material (other than those requested by the resident) is permitted at their premises.  Upon the adoption of Section 6-10 of the Revised General Ordinances of the Borough of Watchung, the Borough Clerk shall publicize its adoption and shall prepare the required form which shall be available on the Borough's Website or at the Borough Clerk's Office during normal business hours, Mondays through Fridays from 8:00 a.m. to 4:00 p.m., except legal holidays. (Ord. No. 2017-12)

 

6-10.2   Submission of the Lists to Chief of Police.

       The Borough Clerk shall submit the Do Not Knock/Drop Off List to the Chief of Police on April 1 and December 1 of each year and both lists shall be distributed to applicants seeking a license to solicit, peddle or canvass pursuant to the provisions of Section 11-1 of the Revised General Ordinances of the Borough of Watchung. (Ord. No. 2017-12)

 

6-10.3   Effect of List.

a.          Do Not Knock. Peddlers, solicitors, and canvassers shall not peddle, solicit or canvass on the premises of those residents on the Do Not Knock/Drop Off List.

b.          Do Not Drop Off. Peddlers, solicitors, and canvassers shall not place literature, leaflets, pamphlets, advertisements, circulars, samples, door hangers or other written material (other than those requested by the resident) on the premises of those residents on the Do Not Knock/Drop Off List.

(Ord. No. 2017-12)

 

6-10.4   Updating the List.

       On or about April 1 and December 1 of each year, the Borough Clerk shall update the Do Not Knock/Drop Off List. (Ord. No. 2017-12)

 

6-10.5   Penalties.

       Any person violating or failing to comply with any of the provisions of Section 6-10 of the Revised General Ordinances of the Borough of Watchung shall be punishable by a fine and/or imprisonment as prescribed in Section 1-5 of the Revised General Ordinances of the Borough of Watchung. (Ord. No. 2017-12)

 

 

6-11  STORE HOURS.

 

6-11.1   Purpose.

       The Borough of Watchung deems it necessary to regulate the hours of operation of retail stores during the Thanksgiving Holiday and the day after the Thanksgiving Holiday, also known as Black Friday, to preserve the public safety, health and welfare; to mitigate adverse impacts of traffic, overcrowding of retail stores, accidents and unsafe conditions. (Ord. No. OR: 12/15)

 

6-11.2   Hours of Operations on Thanksgiving and Black Friday.

       Retail stores within the Borough of Watchung shall be closed to the public at 10:00 p.m. on the night of the Thanksgiving Holiday, and may open at 12:00 a.m. on the Friday after the Thanksgiving Holiday.  (Ord. No. OR: 12/15)

 

6-11.3   Enforcement.

       The provisions of this section shall be enforced by the Police Department of the Borough of Watchung.  (Ord. No. OR: 12/15)

 

6-11.4   Penalties for Violation.

       Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty.  (Ord. No. OR: 12/15)

 

 

6-12  OUTDOOR SMOKING AND USE OF SMOKELESS TOBACCO PRODUCTS PROHIBITED ON BOROUGH-OWNED OR LEASED PROPERTY.

 

6-12.1   Purpose.

       a.     The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer.

       b.     Smoking is the leading cause of death in the United State and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is a top national healthcare priority.

       c.     Pursuant to N.J.S.A. 40:48-1 and 40:48-2, the Borough of Watchung has the authority to adopt ordinances for the public health, safety and welfare of the Borough.

       d.     The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) ("NJSFA") specifically authorizes local restrictions on smoking "equivalent to, or greater than those provided" in the NJSFA for purposes of "protecting public health."

(Ord. No. OR:13/16)

 

6-12.2   Definitions.

       As used in this section, the following terms shall have the following definitions:

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

       Municipal property shall mean all publicly owned or leased building or structures, including all areas adjacent to such facilities including, but not limited to, any parking areas, driveways or drive aisles.

       Parks and recreational facilities shall mean all public parks, playgrounds, or ball fields, publicly owned or leased by the Borough of Watchung upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas, adjacent to such facilities including, but not limited to, any parking areas, driveways or drive aisles.

       Smokeless tobacco products shall mean all products containing tobacco including, but not limited to, chewing tobacco, snuff, snus, dissolvable tobacco products, and new and emerging tobacco products, intended for human consumption, whether chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. It does not include medically prescribed smoking cessation products.

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

(Ord. No. OR:13/16)

 

6-12.3   Smoking and Use of Smokeless Tobacco Products on Borough Owned or Leased Property Prohibited.

       a.     No person shall smoke or use smokeless tobacco products while in or on any and all Borough of Watchung buildings or structures, including adjacent parking lots and in any and all of the Borough parks, recreational areas and adjacent parking lots whether owned, leased or utilized by the Borough.

       b.     No person shall smoke or use smokeless tobacco products in any vehicle owned or leased by the Borough of Watchung.

       c.     A sign indicating that such property is a designated smoke-free zone shall be clearly and conspicuously posted at all locations where smoking is prohibited by this section.

(Ord. No. OR:13/16)

 

6-12.4   Enforcement.

       This section shall be enforced by the Police Department and/or the Health Officer of the Borough of Watchung. (Ord. No. OR:13/16)

 

6-12.5   Penalty.

       Because this section provides restrictions on or prohibitions against smoking equivalent to, or greater than, those provided under the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.), any person convicted to be in violation of this section shall be subject to a fine pursuant to N.J.S.A. 2C:33-13b and/or N.J.S.A. 26:3D-62 as same may be amended from time to time. (Ord. No. OR:13/16)

 

6-12.6   Severability.

       Any existing ordinances or parts of ordinances which are inconsistent with this section are hereby repealed but only to the extend of such inconsistency. (Ord. No. OR:13/16)

 

6-12.7   Effective Date.

       This section shall take effect immediately upon final passage and publication according to law. (Ord. No. OR:13/16)

Section 6-12 was adopted October 10, 2013 by Ord. No. OR:13/16.

 

6-13  SALE OF CRIB BUMPER PADS PROHIBITED.

 

6-13.1   Definitions.

       For purposes of this section:

       Crib shall mean any bed with barred or latticed sides designed for an infant or toddler.

       Crib bumper pad shall mean any padding material, including but not limited to a roll of stuffed fabric or breathable liner, which is designed for placement within a crib to cushion one or more of the crib’s inner sides adjacent to the crib mattress. “Crib bumper pad” does not mean or include mesh liners.

(Ord. No. 2016-15 § 1)

 

6-13.2   Sale of Crib Bumper Pads Prohibited.

       No person shall expose for sale, sell, lease, offer for sale or offer for lease any crib bumper pad as a separate item or as an accessory to a crib within the Borough of Watchung. (Ord. No. 2016-15 § 2)

 

6-13.3   Enforcement.

       This section shall be enforced by the Health Officer of the Borough or the Health Officer’s designee. (Ord. No. 2016-15 § 3)

 

6-13.4   Penalties for Violation.

       Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as stated in Chapter I, Section 1-5, General Penalty. (Ord. No. 2016-15 § 4)

 

 

6-14  SALE OF DOGS AND CATS FROM PET SHOPS RESTRICTED.

 

6-14.1   Definitions.

Animal care facility shall mean an animal control center or animal shelter, maintained by or under contract with any State, County, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

Animal rescue organization shall mean any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

Cat shall mean a member of the species of domestic cat, Felis catus.

Dog shall mean a member of the species of domestic dog, Canis familiaris.

Offer for sale shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

Pet shop shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

(Ord. No. 2016-14)

 

6-14.2   Restrictions on the Sale of Animals.

a.          A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

1.    An animal care facility; or

2.    An animal rescue organization.

b.          A pet shop shall not offer for sale a dog or cat that is younger than eight (8) weeks old.

(Ord. No. 2016-14)

 

6-14.3   Record Keeping and Disclosure.

       A pet shop shall maintain records stating the name and address of the animal care facility or animal rescue organization that each cat or dog was obtained from for at least two (2) years following the date of acquisition. Such records shall be made available, immediately upon request, to law enforcement and submitted annually, before the last day of January of each year along with the kennel, pet shop, shelter, or pound license application as required in subsection 10-3.1 of the Revised General Ordinances of the Borough, to the Borough Clerk. Each pet shop shall display on each cage a label stating the name and address of the animal care facility or animal rescue organization of each animal kept in the cage. (Ord. No. 2016-14)

 

 

 



*Editor's Note: For regulations prohibiting excess noise, see Chapter XX.

*Editor's Note: Prior ordinance history includes portions of Ordinance No. 00/26.

CHAPTER VI POLICE REGULATIONS*
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