§ 123-10. Denial of permit; appeals.

A. The Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

B. Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Township Clerk. An appeal from the decision of the Township Clerk shall be filed within ten (10) days of the Township Clerk's decision. The Mayor and Council shall set the matter down for a hearing within thirty (30) days of the day on which the notice of appeal was filed. The decision of the Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Township Clerk or granting relief shall be approved by the Mayor and Council at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted in the time required, the decision of the Township Clerk shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief shall be deemed denied.

§ 123-11. Waiver of requirements.

The Mayor and Council may authorize a waiver of any of the requirements or limitations of this chapter and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone on more than four (4) days during any one (1) calendar year or may waive any other limitation or requirement of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety or welfare.

§ 123-12. Notification to Fire Inspections Bureau.

The applicant shall notify the Fire Inspections Bureau twenty-four (24) hours before filming takes place and permit the Fire Inspectors to inspect the site and the equipment to be used. The applicant shall comply with all firesafety instructions issued by the Fire Inspector.

§ 123-13. Provision of off-duty police officers.

The applicant will be required to hire one (1) or more off-duty police officers when deemed necessary by the Police Chief.

§ 123-14. Permit fees.

Permit fees shall be as follows:

A. Filming permit: seventy-five dollars ($75.).

B. Daily filming fee: five hundred dollars ($500.) per day.

C. Filming permit for nonprofit applicants filming for educational purposes (including public land): twenty-five dollars ($25.). (No daily rate required.)

§ 123-15. Violations and penalties.

Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed five hundred dollars ($500.) or imprisonment for a term not to exceed ninety (90) days, or both.

§ 123-16. Exceptions.

The provisions of this chapter shall not apply to the filming of news stories within the Township of Bloomfield.

Chapter 125, FIRE PREVENTION AND PROTECTION EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 11 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. II, 2-22-1983; Art. III, 8-5-1985. Sections 125-6 and 125-25 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 22.

Building construction -- See Ch. 87.

Dry-cleaning and dry-dyeing establishments -- See Ch. 111.

Fireworks -- See Ch. 127.

Fire insurance claims -- See Ch. 163, Art. I.

ARTICLE I, General Provisions [Adopted 11-19-1962 as Ch. 11 of the 1962 Code]

§ 125-1.EN Definitions.

As used in the Fire Prevention Code adopted in Article II of this chapter, the following terms shall have the meanings indicated:

CORPORATION COUNSEL -- The Director of Law - Township Attorney.

MUNICIPALITY -- The Township of Bloomfield.

§ 125-2. Fire Prevention Bureau.

A. The Fire Prevention Code adopted by § 125-8 shall be enforced by the Bureau of Fire Prevention in the Fire Department of the township, which is hereby established and which shall be operated under the supervision of the Fire Chief.

B. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Township Fire Chief.

C. The Fire Chief may detail such members of the Fire Department as inspectors as from time to time shall be necessary. The Fire Chief shall recommend to the Township Council the employment of technical inspectors.

D. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Township Administrator. It shall contain all proceedings under the Fire Prevention Code, with such statistics as the Fire Chief may wish to include therein. The Fire Chief shall also recommend any amendments to the Fire Prevention Code which, in his judgment, shall be desirable.

§ 125-3. Permits for oil-burning equipment.

A. No oil-burning equipment shall be installed until an application has been filed with and a permit secured from the Building Inspector.

B. The application shall set forth in detail the specifications of the proposed installation based on the applicable provisions of the Fire Prevention Code adopted by § 125-8. The application shall be accompanied by plans drawn to an indicated scale. These plans shall show in detail the location and method of oil storage and all other features necessary for a complete description of the oil-burning system including proposed methods for protecting combustible material adjacent to the oil burner.

C. No burner installation shall be placed in operation until after inspection and approval, and a certificate is issued by the Building Inspector.

§ 125-4. Location of fuel-oil storage tanks.

A. When located above ground inside of buildings or above ground outside, the aggregate capacity of fuel-oil tanks used in connection with an oil-burning system shall not exceed two hundred seventy-five (275) gallons.

B. Quantities of fuel oil exceeding two hundred seventy-five (75) gallons shall be stored underground.

C. All fuel-oil tanks, other than gravity and pressure tanks, shall be installed with the top of the tank below the level of the oil burner. Where conditions are such that this arrangement is not practicable, adequate provisions to prevent siphoning shall be provided.

§ 125-5. Violation of orders of Fire Chief.

The failure or neglect of any person responsible under this Article or the Fire Prevention Code adopted by § 125-8 to comply with any order of the Fire Chief made pursuant to the provisions of this Article or such Fire Prevention Code shall be deemed to be a violation of this Article.

§ 125-6. Inspections; interference with officials.

A. The Chief of the Fire Department, the Chief of the Bureau of Fire Prevention or any inspector thereof or such officers or members of the Fire Department as may be detailed from time to time by the Chief of the Fire Department shall make inspections, investigations and examinations of any building or premises within the township required or authorized under any law of the state, this Article or the Fire Prevention Code adopted by § 125-8 or under any other ordinance, code, regulation or order of the township.

B. It shall be unlawful for any person to interfere with, obstruct, prevent, hinder, delay, deny or refuse to permit or allow such inspections, investigations and examinations of any building or premises required or authorized as aforesaid.

C. Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.EN

ARTICLE II, Basic Fire Control and Fire-Protection Measures [Adopted 2-22-1983]

§ 125-7. Definitions.

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

AUTHORIZED EMERGENCY VEHICLE -- Those vehicles which are defined and authorized as such under the laws of the State of New Jersey.

STREET -- Any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes as well as all public streets and highways within the boundaries of the municipality.

§ 125-8. Adoption of standards.

There are hereby adopted by the Township of Bloomfield the fire control measures and regulations as herein set forth, for the purposes of controlling conditions which could impede or interfere with fire-suppression forces, and the BOCA Basic Fire Prevention Code (1981 -Fifth Edition) by reference hereto.

§ 125-9. Powers and duties of Fire Official.

The Fire Official, or duly authorized representatives as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of his duty. The Fire Official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Official.

§ 125-10. Interference with Fire Department operations.

It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.

§ 125-11. Compliance required.

A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or interfere with the compliance attempts of another individual.

§ 125-12. Vehicles crossing fire hose.

A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Official in command of said operation.

§ 125-13. Approach of authorized emergency vehicles.

Upon the approach of any authorized emergency vehicle giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Official or a police officer.

§ 125-14. Vehicles following fire apparatus.

It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than three hundred (300) feet to any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.

§ 125-15. Boarding or tampering with fire equipment.

A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.

§ 125-16. Damage or injury to equipment or personnel.

It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.

§ 125-17. Operation of emergency vehicles.

A. The driver of any emergency vehicle, as defined in § 125-7 of this Article, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulations, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as but not restricted to move-ups, do not constitute an emergency call. The driver of an emergency vehicle may:

(1) Park or stand irrespective of the provisions of existing traffic regulations.

(2) Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.

(3) Exceed the prima facie speed limit so long as the action does not endanger life or property.

(4) Disregard regulations governing direction of movement or turning in specified directions.

B. The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions at a distance of five hundred (500) feet from the front of such vehicle.

§ 125-18. Blocking hydrants and other connections.

A. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property.

B. If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official shall proceed to remove the same. Costs incurred in the performance of necessary work shall be paid from the Municipal Treasury on certificate of the Fire Official and with the approval of the chief administrative official, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.

§ 125-19. Permit required for use of hydrant

A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such person first secures a permit for such use from the Fire Official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.

§ 125-20. Public water supply in relation to placement of hydrants.

The Fire Official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Official.

§ 125-21. Hydrants for certain hazardous uses.

All new and existing shipyards, oil storage plants, lumberyards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards and which are located more than one hundred fifty (150) feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Official shall designate and approve the number and location of the fire hydrants. The Fire Official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.

§ 125-22. Maintenance of fire equipment.

A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fires, training or testing purposes, recharging or making necessary repairs, or when permitted by the Fire Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Official.

§ 125-23. Defective extinguishers.

A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Official or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.

§ 125-24. Street obstructions.

A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the municipality.

§ 125-24.1. Truss-type construction. [Added 3-20-1990]

A. Purpose. The purpose of this section is to identify and mark buildings of truss-type construction in order to safeguard the occupants and emergency personnel in the event of fire or other hazardous conditions.

B. Scope. The provisions of this section shall apply to the owner/occupant of any building or structure of truss-type construction as determined by the Fire Official.

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

BUILDING/STRUCTURE -- Used or intended for supporting or sheltering any use or occupancy, including but not limited to commercial, residential, governmental, educational and any other place of public assembly.

FIRE OFFICIAL -- The Township of Bloomfield Fire Official or his designated representative, as defined in N.J.A.C. 5:18, Uniform Fire Code.

OWNER/OCCUPANCY -- Any natural person or individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation or any other business entity or any government agency or entity.

TRUSS-TYPE CONSTRUCTION -- A "truss" is a single plane framework or individual structural members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own.

D. General regulations.

(1) This section shall be enforced by the Fire Official as required by the Mayor and Council.

(2) Upon inspection and identification of a building of such truss-type construction, the owner/occupant shall be notified by the Fire Official of the requirements of this section in accordance with the Uniform Fire Code of the State of New Jersey.

(3) [Amended 4-19-1993] Upon written notification, the owner/occupant will be required to make application to permanently affix to structures with truss construction an emblem approved by the Fire Official.

(a) The emblem shall be a bright and reflective color made of reflective material and shall be the shape of an isosceles triangle; the size shall be twelve (12) inches horizontally by six (6) inches vertically. The following letters of size and color to make them conspicuous shall be painted on the emblem:

"F" to signify a floor with truss construction

"R" to signify a roof with truss construction

"F/R" to signify both floor and roof with truss construction

(b) The identification signs shall be properly installed within ten (10) days after written notice. The identification signs will be supplied by the Fire Prevention Bureau. The owner shall be responsible for permanently affixing the signs to the building.

(4) The owner/occupant shall be required to maintain the approved identification logo at the designated locations on the building, and missing or damaged identification logos will be reported to the Fire Official immediately. The replacement cost shall be the responsibility of the owner/occupant. Replacement must be made within ten (10) days of written notice from the Fire Official. Approved identification logos are available from the Fire Official.

E. Fees.

(1) The application for permanently affixing the signs shall be made to the Fire Official, and the fee shall be fifty dollars ($50.) and filed with the application. [Amended 4-19-1993]

(2) Replacement logos will be billed based on current costs per unit.

F. Penalties. Penalties shall be assessed in accordance with the Uniform Fire Code, State of New Jersey, N.J.A.C. 5:18, as follows:

(1) Failure to comply: five hundred dollars ($500.).

(2) Daily penalty for noncompliance: one hundred dollars ($100.) per day in addition to the initial penalty assessment for noncompliance.

G. Additional regulations. All additional regulations as stated by N.J.A.C. 5:18-2.19 shall apply. [Added 4-19-1993]

§ 125-25. Violations and penalties. [Amended 11-2-1987]

Notwithstanding the provisions of F-105.5.1 of the BOCA Basic Fire Prevention Code adopted hereby by reference, any person, firm or corporation violating any of the provisions hereof and of the code or failing to comply with any order issued pursuant to any section thereof shall be guilty of such violation and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.) or by imprisonment for a term not to exceed ninety (90) days, or both. Each day that a violation continues after a service of notice as provided for in the code shall be deemed a separate offense.

ARTICLE III, Local Enforcement of State Uniform Code [Adopted 8-5-1985]

§ 125-26. Local enforcement established.

Pursuant to Section II of the Uniform Fire Safety Act (P.L. 1983, c. 383),EN the New Jersey Uniform Fire Code shall be locally enforced in the municipality of the Township of Bloomfield.

§ 125-27. Designation of enforcing agency.

The local enforcing agency shall be the Bloomfield Fire Department.

§ 125-28. Powers and duties of enforcing agency.

The local enforcing agency shall enforce the Uniform Fire Safety Act and the code and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Bloomfield other than owner-occupied one- and two-family dwellings and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 125-29. Life hazard uses.

The local enforcing agency established by § 125-27 of this Article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 125-29.1. Inspections. [Added 6-7-1993]

A. The local enforcing agency, the Bloomfield Fire Department, Fire Prevention Bureau, established by § 125-26 of this Article shall carry out periodic inspections in all buildings and spaces other than one- and two-family residential dwelling units. These inspections will create a more safe environment for the public. Upon completion of these inspections, a firesafety certificate will be issued to the owner or resident to show compliance. This section will not affect any buildings presently classified as life hazard uses.

B. No certificate will be issued without a firesafety inspection being completed by a licensed fire inspector. This will show that the building is in compliance with the regulations for the State of New Jersey Uniform Fire Code N.J.A.C. 5:18 and 5:18A. An application must first be obtained from the Office of Fire Prevention.

(1) The application will state the name and address of the owner and a list of the tenants occupying the apartments in the dwelling unit. Upon approval of the application by the Township of Bloomfield Fire Official, an inspection shall be made and a certificate issued.

C. The fees for the firesafety inspections shall be as follows:

(1) On all multiple-family R-2 structures (three-family and over): twenty dollars ($20.) per building and five dollars ($5.) per apartment unit over three-family to a maximum of fifty dollars ($50.) per structure.

(2) Twenty-five dollars ($25.) per location on all commercial and business structures under total combined floor areas of six thousand (6,000) square feet.

(3) Forty-five dollars ($45.) per location on all commercial and business structures with total combined floor area of six thousand (6,000) square feet or greater but less than ten thousand (10,000) square feet.

(4) Seventy-five dollars ($75.) per location on all commercial and business structures ten thousand (10,000) square feet and over combined floor area.

§ 125-29.2. Egress door standards. [Added 6-7-1993]

Means of egress doors shall conform to the following:

A. All dwelling unit doors and guest room or rooming unit corridor doors in buildings of R-1, R-2 and I1 (Uniform Fire Code use classification) shall be one-and-three-eighths-inch solid core wood or approved equal, with approved door closers, and shall not have any glass panels other than approved wire glass in metal frames. Corridor doors shall not be constructed of hollow core wood, shall not contain louvers, shall not be of panel construction and shall not be treated with intumescent paint. Doors shall fit both plumb and level in frames and be reasonably tight-fitting. All replacement doors shall be one-and-three-fourths-inch solid core wood or approved equal, unless the frame will accommodate only a one-and-three-eighths-inch door.

§ 125-30. Organization of enforcing agency.

The local enforcing agency established by § 125-27 this Article shall be the Fire Department of the Township of Bloomfield and shall be under the direct supervision and control of the Fire Chief.

§ 125-31. Fire Official.

The local enforcing agency shall be under the direct supervision of a Fire Official who shall be assigned by the Fire Chief.

§ 125-32. Inspectors and other employees.

A. Such inspectors and other employees as may be necessary in the local enforcing agency shall be assigned by the Fire Chief.

B. Inspectors and other employees of the enforcing agency shall be subject to reassignment by the Fire Chief.

§ 125-33. Board of Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,EN any person aggrieved by any order of the local enforcement agency (or agencies) shall have the right to appeal to the Construction Board of Appeals of the Township of Bloomfield.

§ 125-34. Permit fees. [Amended 6-6-1994]

The permit fees established by the Uniform Fire Code shall be amended to be as follows:

A. Type 1: thirty-five dollars ($35.).

B. Type 2: one hundred thirty-eight dollars ($138.).

C. Type 3: two hundred seventy-six dollars ($276.).

D. Type 4: four hundred fourteen dollars ($414.).

E. Type 5: one thousand three hundred eighty dollars ($1,380.).

§ 125-35. Residential smoke alarms. [Added 6-7-1993]

A. A structure used or intended for use for residential purposes shall have a smoke-sensitive alarm device on each level of structure, including basements, and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74 for the installation, maintenance and use of household fire warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted only in one- and two-family dwellings. All other residential structures shall require smoke-sensitive devices installed in accordance with N.J.A.C. 5:18-4.9 et seq. The smoke sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.

B. Change of occupancy.

(1) In any case where a change of occupancy of any building subject to the requirements of Subsection A of this section is subject to the issuance of a certificate of occupancy, a continuing certificate of occupancy or other documentary certification relating to safety, no such certificate shall be issued until the municipal officer or agency responsible for issuance has determined that the building is equipped with an alarm device or devices and tested to ensure that the device or devices are functioning correctly as required by Subsection A of this section.

(2) In the case of a change of occupancy of any building subject to the requirements of Subsection A of this section to which the provisions of Subsection B(1) of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the local enforcing agency, the Bloomfield Fire Department, Bureau of Fire Prevention, a certificate evidencing compliance with requirements of this section.

C. No such certificate shall be issued until a fire inspector from the Fire Department, Bureau of Fire Prevention, responsible for issuance has determined that the building is equipped with an alarm device or devices which are functioning correctly, as required by Subsection A of this section. To obtain a firesafety certificate evidencing compliance with this section, an application must first be obtained from the office of the Fire Prevention Bureau. The application will state the name and address of the person occupying the space and the number of detectors required and the locations of each. A fee of twenty-five dollars ($25.) will accompany each application for smoke detector compliance. Upon approval of the application by the Township Fire Official, an inspection and test shall be made by a licensed fire inspector to assure compliance, and a certificate will be issued.

D. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of and requirements of Subsection A hereof or without complying with the inspection and certification requirements of Subsection C hereof is guilty of a violation of the Act to which this section is a supplement (P.L. 1983, c.383, N.J.S.A. 52:27D-192 et seq.) and shall be subject to any and all applicable penalties in that Act provided for such violation, except that the fine shall be of not more than five hundred dollars ($500.) for a first offense and not more than two thousand dollars ($2,000.) for a subsequent offense, which may be collected and enforced by the township's Fire Prevention Bureau. All such rules and regulations as may be necessary or expedient for the proper and timely effectuation of this section shall be in effect.

§ 125-36. Gamewell Fire System fees. [Added 6-6-1994]

There shall be charged annually a fee of one hundred fifty dollars ($150.) payable on the first of April, and on the first of April thereafter, to any property owner, whether public or private, for the maintenance of a Gamewell Fire System installation located in such public or private building. In the event there is more than one (1) Gamewell Fire System installation in a building, there shall be an additional fee of one hundred fifty dollars ($150.) per installation. This fee will be prorated.

Chapter 127, FIREWORKS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sec. 19-11 of the 1962 Code. Section 127-1 amended and 127-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention and protection -- See Ch. 125.

Park rules and regulations -- See Ch. A361.

§ 127-1. Possession, use and sale restricted.EN

No person shall possess, use or sell fireworks within the township except as provided in Article 28 of the Fire Prevention Code adopted by § 125-8.

§ 127-2. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 130, FLOOD DAMAGE PREVENTION

[HISTORY: Adopted by the Council of the Township of Bloomfield 10-18-1993.EN Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures -- See Ch. 36.

Building construction -- See Ch. 87.

Condominium conversions -- See Ch. 97.

Site plan review -- See Ch. 225.

Subdivision of land -- See Ch. 234.

Zoning -- See Ch. 271.

§ 130-1. Statutory authorization.

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety and general welfare of its citizenry. Therefore, the Mayor and Council of the Township of Bloomfield, New Jersey, does ordain as follows.

§ 130-2. Findings.

A. The flood hazard areas of Bloomfield are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

§ 130-3. Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life and health.

B. Minimize expenditure of public money for costly flood control projects.

C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

D. Minimize prolonged business interruptions.

E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

G. Ensure that potential buyers are notified that property is in an area of special flood hazard.

H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 130-4. Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.

D. Controlling filling, grading, dredging and other development which may increase flood damage.

E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 130-5. Word usage; definitions.

A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

B. As used in this chapter, the following terms shall have the meanings indicated:

APPEAL -- A request for a review of the Building Inspector's interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT -- Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL -- A wall that is part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING -- A nonbasement building which is built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water, and which is adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) -- The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) -- The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOODPLAIN MANAGEMENT REGULATIONS -- Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than zero and two-tenths (0.2) foot.

HISTORIC STRUCTURE -- Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME -- A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community, and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE -- A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet or less when measured at the longest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION -- For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE -- A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

VARIANCE -- A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

§ 130-6. Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of Bloomfield.

§ 130-7. Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled the "Flood Insurance Study for the Township of Bloomfield," dated September 4, 1987, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in Room 214, Municipal Plaza, Bloomfield, New Jersey.

§ 130-8. Violations and penalties.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with condition) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.) or imprisoned for not more than ninety (90) days, or both, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Bloomfield from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 130-9. Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 130-10. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 130-11. Warning and disclaimer of liability.

A. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

B. This chapter shall not create liability on the part of Bloomfield, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 130-12. Establishment of development permit.

A. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 130-7. Application for a development permit shall be made on forms furnished by the Building Inspector and may include but not be limited to plans, in duplicate, drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.

B. Specifically, the following information is required:

(1) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.

(2) Elevation, in relation to mean sea level, to which any structure has been floodproofed.

(3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 130-17B.

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 130-13. Designation of local administrator.

The Building Inspector is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 130-14. Duties and responsibilities of Building Inspector.

Duties of the Building Inspector shall include but not be limited to:

A. Permit review. The Building Inspector shall:

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of § 130-18A are met.

B. Use of other base flood and floodway data. When base flood elevation and floodway data have not been provided in accordance with § 130-7, Basis for establishing areas of special flood hazard, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 130-17A, Residential construction, and § 130-17B, Nonresidential construction.

C. Information to be obtained and maintained. The Building Inspector shall:

(1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual elevation (in relation to mean sea level).

(b) Maintain the floodproofing certifications required in § 130-12B(3).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

D. Alteration of watercourses. The Building Inspector shall:

(1) Notify adjacent communities and the New Jersey Department of Environmental Protection and Energy prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that maintenance is provided within the altered relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

E. Interpretation of FIRM boundaries. The Building Inspector shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 130-15.

§ 130-15. Variance procedure.

A. Appeal board.

(1) The Essex County Construction Appeals Board as established by the County of Essex shall hear and decide appeals and requests for variances from the requirements of this chapter.

(2) The Essex County Construction Appeals Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this chapter.

(3) Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision to the Superior Court, as provided by law.

(4) In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(a) The danger that materials may be swept onto other lands to the injury of others.

(b) The danger to life and property due to flooding or erosion damage.

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d) The importance of the services provided by the proposed facility to the community.

(e) The necessity to the facility of a waterfront location, where applicable.

(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(g) The compatibility of the proposed use with existing and anticipated development.

(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

(5) Upon consideration of the factors of Subsection A(4) above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(6) The Building Inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

B. Conditions for variances.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection A(4)(a) through (k) above have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public as identified in Subsection A(4) above or conflict with existing local laws or ordinance.

(6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

§ 130-16. General standards.

In all areas of special flood hazard, the following standards are required:

A. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

B. Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

C. Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres (whichever is less).

E. Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one (1) foot above grade.

(3) Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 130-17. Specific standards.

In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 130-7, Basis for establishing areas of special flood hazard, or in § 130-14B, Use of other base flood and floodway data, the following standards are required:

A. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

B. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one (1) foot above the base flood elevation or shall:

(1) Be floodproofed one (1) foot above the base flood elevation so that below this level the structure is watertight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 130-14C(2).

C. Manufactured homes.

(1) Manufactured homes shall be anchored in accordance with § 130-16A(2).

(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

§ 130-18. Floodways.

Located within areas of special flood hazard established in § 130-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If § 130-18A is satisfied, all new construction and substantial improvements shall meet the flood hazard reduction provisions of §§ 130-16 through 130-18.

C. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

Chapter 133, FOOD ESTABLISHMENTS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 8-9-1976; amended in its entirety 10-6-1980. Section 133-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Business hours for food and beverage vendors -- See Ch. 89, Art IV.

Licensed occupations -- See Ch. 173.

Vending machines -- See Ch. 258.

Food establishments (Board of Health) -- See Ch. 303.

Food handling (Board of Health) -- See Ch. 305.

Milk and milk products (Board of Health) -- See Ch. 318.

§ 133-1. License required; compliance. [Amended 4-19-1982; 8-6-1984]

It shall be unlawful for any person or any body corporate to conduct a food establishment, as defined in and governed by Chapter XII of the State Sanitary Code of New Jersey, without first having procured an annual license from the local Board of Health so to do and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII of the State Sanitary Code of New Jersey.

§ 133-2. License fees. [Amended 4-19-1982]

The annual fees for licenses of food establishments are hereby fixed as follows:

A. Restaurants, luncheonettes and similar establishments. [Amended 8-6-1984; 6-6-1994]

Annual

Group Seating Capacity Fee

I 1 to 50 $ 75.00

II 51 to 100 150.00

III 101 to 200 200.00

IV Over 200 240.00

B. [Amended 8-6-1984] License fees for miscellaneous food establishments shall be as follows:

(1) Supermarkets: one hundred fifty dollars ($150.). [Amended 6-6-1994]

(2) Catering units, mobile, packaged goods only: fifty dollars ($50.). [Amended 6-6-1994]

(3) (Reserved)EN

(4) Candy counters: twenty-five dollars ($25.). [Amended 6-6-1994]

(5) Food processing, commercial and wholesale: two hundred fifty dollars ($250.). [Amended 6-6-1994]

(6) Food service: seventy-five dollars ($75.). [Amended 6-6-1994]

(7) Single food handling: sixty dollars ($60.). [Added 11-4-1992]

(8) Delicatessen: sixty dollars ($60.). [Added 11-4-1992]

(9) Cafeteria: sixty dollars ($60.). [Added 11-4-1992]

C. Fees for temporary food-handling permits shall be as follows:

(1) Maximum of ten (10) days for carnivals, fairs and other temporary amusements: thirty dollars ($30.).

(2) A temporary nonprofit permit for a recognized Bloomfield-based nonprofit organization for events sponsored by said organization with temporary food service equipment owned or operated by members of the organization can be granted upon application to and approval of the Board of Health. The fee per facility, stand, cart, etc., is twenty dollars ($20.). [Added 8-14-1989]

§ 133-3. Expiration of license; renewal fee; late charge. [Amended 4-19-1982]

A. The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter.

B. The fee for license renewals shall be due and payable on or before the last day of March in the year of renewal. [Amended 11-4-1992]

C. There shall be a late fee charge of ten dollars ($10.) where the renewal fee is paid after April 1. [Amended 11-4-1992; 6-6-1994]

§ 133-4. Suspension or revocation of license.

Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this chapter or Chapter XII of the State Sanitary Code of New Jersey or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality or that the person or persons conducting the food establishment is of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.

§ 133-5. Hearings; notice.

A. A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health.

B. Written notice of the time and place of such hearing shall be served upon the licensee at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license.

C. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may, thereafter be heard, and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.

§ 133-6. Reissuance of revoked or suspended license.

If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the city unless the application for such license shall be approved by the Board of Health.

§ 133-7. Construal of provisions.

No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 133-8. Violations and penalties. [Amended 11-2-1987; 12-19-1994]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.) for each first offense, not less than two hundred fifty dollars ($250.) for each second offense and not less than five hundred dollars ($500.) for each offense thereafter, or be imprisoned in the county jail for a period not exceeding ninety (90) days, or by such fine and imprisonment, or be subject to a civil penalty not to exceed five hundred dollars ($500.), which penalty shall be enforced or collected through any court of competent jurisdiction in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Each violation of any of the provisions of this chapter and each day or part thereof the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 133-9. Statutory authorization.

This chapter is being enacted pursuant to N.J.S.A. 40:52-1.

§ 133-10. Administration and enforcement.

The Board of Health of the Township of Bloomfield shall be responsible for the administration and enforcement of this chapter.

Chapter 135, FORTUNE-TELLING EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sec. 19-12 of the 1962 Code. Section 135-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices -- See Ch. 74.

§ 135-1. Restricted acts.

A. It shall be unlawful for any person in the township for hire or reward, to foretell, reveal, disclose, divine or attempt to foretell, reveal, disclose or divine any event, past, present or future, by means of the possession or alleged possession of any occult or mysterious power, whether the same is manifested through medium sitting, medium control, table rappings, hand readings, cards, hypnotism, clairvoyancy, fortune-telling, palmistry or phrenology or any other mode of fashion.

B. Any person in the township who receives any kind of gratuity or reward for foretelling, revealing, disclosing, divining or attempting to foretell, reveal, disclose or divine any past, present or future event by means of occult or mysterious power, or as set forth in the above Subsection A, shall be considered as doing such act for hire within the meaning of this chapter.

§ 135-2. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 139, GAMES OF CHANCE EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 8-12-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices -- See Ch. 74.

§ 139-1. Authorization to conduct games on Sunday.

Upon the effective date of this chapter and thereafter, it shall be lawful within the confines of the Township of Bloomfield, Essex County, New Jersey, to operate and conduct on the first day of the week, commonly known and designated as "Sunday," those games of chance authorized and permitted under N.J.S.A. 5:8-1 et seq. and the rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey.

Chapter 142, GARBAGE, REFUSE AND WASTE DISPOSAL EN

[HISTORY: Adopted by the Council of the Township of Bloomfield 3-20-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Unfit dwellings -- See Ch. 113.

Hazardous materials -- See Ch. 155.

Housing standards -- See Ch. 159.

Junk dealers -- See Ch. 166.

Newspaper recycling -- See Ch. 180, Art. I.

Property maintenance -- See Ch. 203.

Recycling -- See Ch. 206.

Unfit buildings (Board of Health) -- See Ch. 292.

Sanitation (Board of Health) -- See Ch. 336.

Solid waste (Board of Health) -- See Ch. 340.

Weeds (Board of Health) -- See Ch. 354.

§ 142-1. Days and hours for collection.

A. Collection schedules shall be as contracted by the municipality.

B. No garbage, refuse or rubbish shall be collected by the municipal scavenger and any private scavenger on a township-maintained street prior to 6:30 a.m. and no later than 6:00 p.m.

C. No garbage, refuse or rubbish shall be collected by the municipal scavenger and any private scavenger on a county-maintained street prior to 5:30 a.m. and no later than 6:00 p.m.

D. Upon application to the Mayor and Township Council and for good cause shown, the Mayor and Township Council may, on a temporary basis, alter the hours set forth in Subsections B and C above.

§ 142-2. Penalties for violations of hours provisions.

Violation of the hours as set forth above and any temporary hours as set forth by the Mayor and Township Council in accordance with § 142-1 above by the municipal scavenger and any private scavengers shall be punishable by a fine not exceeding five hundred dollars ($500.) for a first offense and one thousand dollars ($1,000.) for a second offense.

§ 142-3. Deposit into waters.

A. No person shall place or permit to be placed or discharged or permit to be discharged or cast or deposit or cause or suffer to be deposited into any of the brooks or rivers within the limits of the township or into any tributary thereof, which brooks or rivers empty into the Passaic River, any sewage or waste matter, article or substance, liquid or solid, of any kind, which creates odors or gases or fumes, due to the putrefaction of organic matter or the presence of chemicals or which discolors the waters of the brooks or rivers or their tributaries or results in the presence of oil or grease on the surface of the waters of the brooks or rivers or any of their tributaries or which reduces the dissolved oxygen content thereof to such an extent as to interfere with major fish life in the waters.

B. It shall be unlawful for any person to dump, deposit or place or cause to be dumped, deposited or placed any rubbish, refuse or other material in any brook, stream or watercourse or the bed thereof in the township that may, in any manner, hinder or obstruct the free flow of water in such watercourse.

§ 142-4. Deposit on public or private property.

A. No person shall place any refuse or waste material, cause to be placed or throw or permit to be thrown any refuse, waste material or wastepaper or discard any article in any street, alley or other public place or upon any private property, whether owned by such person or not, within the township, nor shall any person throw or deposit any refuse in any stream or any other body of water, nor shall any person cause, place, sweep or deposit, anywhere within the township, any refuse or discard any item, article, thing or material of any kind or nature whatsoever in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, park or parkway or other public place or onto any occupied premises privately or publicly owned.

B. No person shall deposit any refuse, rubbish or waste matter or material of any kind upon any field, vacant lot or building plot in the township.

§ 142-5. Public litter baskets.

The public litter baskets as located throughout the Township of Bloomfield are specifically to be used for litter. They are not to be used for the purposes of dumping private refuse which should be disposed of through scavenger services.

§ 142-6. Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or be imprisoned for a term not exceeding ninety (90) days.

§ 142-7. Rewards.

The Township of Bloomfield hereby does offer a reward not to exceed two hundred dollars ($200.) to any person or persons who supply information and is or are instrumental in the arrest and conviction of any person or persons who have violated §§ 142-3 through 142-5 of this chapter. The reward shall be paid to such person or persons as the municipal governing body may, in its discretion, deem entitled thereto, but no such reward may be paid to any public employee whose duty it is to investigate or to enforce the law.

Chapter 145, GASOLINE STATIONS AND REPAIR GARAGES EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 12 of the 1962 Code. Section 145-9 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Business hours -- See Ch. 89.

Fire prevention and protection -- See Ch. 125.

Licensed occupations -- See Ch. 173.

Motor vehicle sales from open-air lots -- See Ch. 177, Art. I.

Zoning -- See Ch. 271.

§ 145-1. Definitions.

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

AUTO REPAIR SHOP -- Any building, structure or place in the township where the business of repairing automobiles is conducted, including the repairing of batteries, electrical equipment or bodies of automobiles and the painting, greasing or washing of automobiles.

§ 145-2. License required.

A. No person shall engage in the business of conducting or operating a public automobile garage, gasoline filling station or auto repair shop in the township without first obtaining a license from the Township Council.

B. No person shall engage in the business of operating a store or market in the township wherein motor oil, motor fuel or motor grease is sold without first obtaining a license as required by this chapter.

§ 145-3. Application for license.

Written application for the license required by this chapter shall be made to the Building Inspector. Such application shall be accompanied by the license fee and shall set forth the name and address of the applicant, the type of business to be licensed, the place where the business is to be conducted and the length of time the business has been conducted at the place to be licensed.

§ 145-4. Inspections.

Upon the filing of the application for license under this chapter, the Building Inspector and Fire Chief or his assistant shall inspect the premises where the business is to be conducted and report to the Township Council whether all laws respecting fire hazards and the conduct of the business have been complied with and whether the business to be licensed will constitute a violation of the Zoning Ordinance of the township.EN

§ 145-5. License fee; expiration of license. [Amended 12-6-1965]

A. The annual fee for a license under this chapter, which fee is imposed for regulation and revenue, shall be forty dollars ($40.). [Amended 10-1-1991]

B. The license shall expire on December 31 next after its issuance.

§ 145-6. Issuance of license; transferability.

After the Township Council has approved the application for a license under this chapter, the Building Inspector shall issue such license, which shall be for each place of business and shall not be transferable. Such license shall specify the type of business licensed.

§ 145-7. Prohibited accumulations.

It shall be unlawful to permit or maintain any accumulation of waste or other material which is combustible so as to create a fire hazard on any premises licensed under this chapter.

§ 145-8. Hours of operation. [Added 10-1-1984; amended 4-20-1987; 10-5-1987; 2-1-1988]

A. Gasoline filling stations. In order to avoid the noise, inconvenience and disturbance to residential areas within the township, gasoline filling stations regulated by this chapter shall cease the conduct of their business at a reasonable hour. Every gasoline filling station shall be closed to the public, and business with the public therein shall be and is hereby prohibited after the hour of 12:00 midnight and before the hour of 5:00 a.m. of any day, provided that said gasoline filling station is located within two hundred (200) feet of a residential zone. A "residential zone" shall be those areas designated as such in the Zoning Ordinance of the Township of Bloomfield.EN The distance of two hundred (200) feet provided therein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinance of the Township of Bloomfield.

B. Auto repair shops. Auto repair shops as defined herein and gasoline filling stations which provide those services as stipulated in § 145-1 shall operate, in the case of auto repair shops, or provide such service, in the case of gasoline filling stations, only during the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, provided that said auto repair service and gasoline filling station are located within two hundred (200) feet of a residential zone. A "residential zone" shall be those areas designated as such in the Zoning Ordinance of the Township of Bloomfield.EN The distance of two hundred (200) feet provided therein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinance of the Township of Bloomfield. [Added 10-16-1990]

§ 145-9. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 150, GRAFFITI

[HISTORY: Adopted by the Council of the Township of Bloomfield: Art. I, 10-15-1984 as Sec. 19-51 of the 1962 Code; Art. II, 10-15-1984 as Sec. 19-52 of the 1962 Code. Sections 150-5A and 150-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Rewards for curtailing and prevention of malicious or willful damage

to property -- See Ch. 211, Art. I.

ARTICLE I, Prohibited Acts [Adopted 10-15-1984 as Sec. 19-51 of the 1962 Code]

§ 150-1. Purpose.

The use of broad-tipped pens, paint, spray cans, pencils, pens, crayons or other marking devices to write graffiti on the walls or other spaces of public or private buildings, vehicles, areas or facilities causes serious defacement of such buildings, vehicles and areas, public and private, and contributes to the deterioration of property values. Such practices exhibit a contempt for the property rights of private citizens as well as governmental authority, contribute to an erosion of respect for authority and depreciate the quality of life in the community.

§ 150-2. Definitions.

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

GRAFFITI - Includes any unsightly, offensive or defacing writings or other written or pictorial matter by any method or device and of any content which contributes to the defacement of real or personal property and which contributes to the ugliness and unsightliness of its object, space, area or community and which is detrimental to the attractiveness, neatness and good order of the municipality.

§ 150-3. Defacement of property.

A. The writing or placing of any written or pictorial graffiti, writings, pictures or other markings whatsoever by any defacing whatsoever, including but not limited to pens, spray cans, pencils, crayons, paint, chalk or any other method or substance whatsoever, on any public or private property, or a mixture of both, without the express knowledge and consent of the owner is prohibited.

B. The marking or defacing of any property, real, personal or mixed, by an owner thereof in such a manner as to constitute graffiti is likewise prohibited.

§ 150-4. Responsibility for violations.

In the enforcement of this Article, all persons directly or indirectly involved shall be as equally responsible and guilty as the individual who actually defaces the object or area. Any individuals who encourage and participate in such activity, as well as individuals who make available the tools, writing materials, ladders, lookouts, material or assistance or who knowingly supply funds to acquire materials for such purposes, including parents and friends, shall be equally guilty and liable for punishment under this Article.

§ 150-5. Violations and penalties.

A. Any person found guilty of violating any of the provisions of this Article shall, upon conviction thereof, pay a fine not to exceed one thousand dollars ($1,000.) or be subject to imprisonment for not more than ninety (90) days in the county jail, or both, in the discretion of the Municipal Court Judge.EN

B. In addition, the Municipal Court Judge is urged to require appropriate corrective measures and restitution by requiring the offender to remove the graffiti under the supervision of such municipal employee or other person designated by the Court.

C. Any minor child under the age of eighteen (18) years shall be brought before the Superior Court, Chancery Division, Family Part, and shall be subject to the penalties provided by said Court.

§ 150-6. Exceptions.

This Article shall not be construed to prohibit easily removable chalk markings on public sidewalks or streets in connection with traditional children's games or any lawful business or public purpose or activity.

ARTICLE II, Spray Paint Containers and Indelible Markers [Adopted 10-15-1984 as Sec. 19-52 of the 1962 Code]

§ 150-7. Purpose.

Whereas there is widespread use of spray paint and indelible markers in the permanent defacement of public and private property; and whereas the defacement or marring of public and private property has contributed to the blight and degradation of neighborhoods and public places; and whereas the easy application and ready accessibility to spray paint and indelible markers facilitates its use and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct; and whereas a substantial portion of the defacement of public and private property has been caused by minors using spray paint containers and indelible markers obtained both legally and illegally, the following provisions shall apply.

§ 150-8. Definitions.

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

INDELIBLE MARKER - Any felt-tip marker, china marker or similar device that is not water-soluble and which has a flat or angled writing surface of one-half (1/2) inch or greater.

MINOR - Any person under the age of eighteen (18) years.

§ 150-9. Manner of packaging and display.

No person shall sell or offer for sale or transfer or offer to transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored out of sight in such a way as to prevent free access to the merchandise by the public.

§ 150-10. Sale to minors.

A. No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.

B. No minor shall, at the time of purchase of any spray paint container or indelible marker, furnish fraudulent evidence of majority, including but not limited to a motor vehicle operator's license, a registration certificate under the Federal Selective Service Act, an indentification card issued to a member of the armed forces or any document issued by a federal, state, county or municipal government.

§ 150-11. Possession on public property.

Absent express permission to the contrary, it shall be unlawful for any person to possess a spray paint container or indelible marker in any public building or upon any public facility or private property with intent to use the same to deface said public building, facility or property.

§ 150-12. Violations and penalties.EN

Any person found guilty of violating any of the provisions of this Article shall, upon conviction thereof, pay a fine not to exceed one thousand dollars ($1,000.) or be subject to imprisonment for not more than ninety (90) days, in the county jail, or both, in the discretion of the Municipal Court Judge.

Chapter 154, HANDBILLS AND ADVERTISING EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Secs. 19-17 and 19-18 of the 1962 Code. Section 154-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Signs, lights and awnings -- See Ch. 222.

Streets and sidewalks -- See Ch. 230.

Trees -- See Ch. 247.

Park rules and regulations -- See Ch. A361.

§ 154-1. Restricted activities.

A. No person shall place upon or attach to any tree or upon or to any telegraph, telephone or electric light pole, traffic sign, traffic signal, public telephone, park bench, playground equipment, bridge and all other public buildings and structures, upon any of the streets within the township any handbill, advertisement or written, printed or partly written or printed notice of any kind, except such notices as by law are required to be posted. [Amended 1-20-1986; 4-15-1996]

B. No person shall scatter or throw upon any of the streets or other public places within the township any handbills, advertisements, circulars or other written or printed matter or fasten, by pasting or otherwise, any such advertisements, notices or circulars to any of the sidewalks or bridges in the township, or in or upon any motor vehicle on a public street or place, or in or upon any front yard or courtyard of private premises, or in or upon any stoop of such private premises, or in or upon any vestibule or hall of any building, or in any letterbox thereon or therein maintained; provided, however, that nothing contained in this section shall be deemed to prohibit the delivery of any such matter by the United States postal authority and the delivery of newspapers, magazines and periodicals from regularly established news dealers. This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising matter. [Amended 10-1-1991]

§ 154-2. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 155, HAZARDOUS MATERIALS

[HISTORY: Adopted by the Council of the Township of Bloomfield 6-5-1989. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 22.

Fire prevention and protection -- See Ch. 125.

§ 155-1. Definitions.

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

EXPENDABLE ITEMS -- Any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, 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 MATERIAL -- Any material or substance, solid, liquid or gas, which has been determined by the Secretary of Transportation under Title 49 and the National Fire Protection Association Hazardous Materials Guide Book to be capable of posing an unreasonable risk to health, safety and property and which has been so designated.

HAZARDOUS MATERIALS UNIT -- A group created within the Bloomfield Fire Department to respond to, handle and mitigate a hazardous materials incident.

VEHICLE -- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor/trailers, construction equipment and farm machinery.

VESSEL -- Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.

§ 155-2. Funding for persons and equipment.

A. This chapter provides for the creation and funding of a Hazardous Materials Unit.

B. This chapter provides for the replacement and reimbursement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the township in case of fire, leakage or spillage involving any hazardous material.

C. This chapter entitles the Township of Bloomfield to reimbursement for any expendable items used by the township or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous material. This shall also include additional labor costs incurred by the township or any of its agencies regarding extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous material.

§ 155-3. Hazardous materials unit.

A. A Hazardous Materials Unit shall be created from within the Township of Bloomfield Fire Department members. This unit should be on a voluntary basis, but not limited to volunteers. The Chief of the Bloomfield Fire Department, if he deems necessary, may assign any member of the Bloomfield Fire Department to the Hazardous Materials Unit. Membership to the Hazardous Materials Unit shall require the person to take a base physical examination for exposure comparison. The physical will be given by the Township Physician. The members of the Hazardous Materials Unit shall attend special training seminars and courses on the control and mitigation of hazardous materials incidents.

B. The Chief of the Bloomfield Fire Department shall be responsible for control of guidelines, procedures, practices, training and education of all members of the Hazardous Materials Unit. The delegation of these duties may be assigned to an officer of the Bloomfield Fire Department.

§ 155-4. Parties responsible for reimbursement.

A. Reimbursement to the township for any expendable items used shall be made by the following parties:

(1) The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

(2) The owner or person responsible for any vessel containing hazardous materials involved in any fire, leak or spill on public or private property whether stationary or in transit, whether accidental or through negligence.

(3) The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.

(4) Any person responsible for any fire, leak or spill of hazardous materials on public or private property whether accidental or through negligence.

B. Reimbursement for services of recovery company, towing company or technical assistance. Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.

C. Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the Township of Bloomfield Fire Department for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill within a period of forty-five (45) days after receipt of a bill for such items from the Township of Bloomfield Fire Department.

§ 155-5. Violations and penalties.

Any person, owner or company responsible for any fire, leak or spill of hazardous materials who fails to reimburse the Township of Bloomfield Fire Department within the time set forth in this chapter shall be subject to a fine of not less than fifty dollars ($50.) nor more than five hundred dollars ($500.) per day or by imprisonment for a period of not more than six (6) months, or both.

§ 155-6. Distribution of reimbursements collected.

All reimbursements collected for hazardous materials incidents shall be placed into the general fund. A record of moneys collected shall be kept by the Fire Chief and Administrative Assistant of the Fire Department. This record shall be kept until November 15 of each year, until the time comes when the funds can be transferred. At this time the moneys collected shall be transferred into the fire O and E budget for reimbursement to that budget for the expendable items that have been used during the year.

Chapter 157, HISTORIC DISTRICTS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 3-17-1980. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 87.

Unfit dwellings -- See Ch. 113.

Site plan review -- See Ch. 225.

Zoning -- See Ch. 271.

Unfit buildings (Board of Health) -- See Ch. 292.

§ 157-1. Purpose.

The purpose of this chapter is:

A. To safeguard the heritage of the Township of Bloomfield by preserving the integrity of a part of the township which reflects elements of its cultural, social, economic and architectural history.

B. To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures and places within that part of Bloomfield.

C. To stabilize and maintain property values.

D. To foster civic beauty.

E. To promote the use of this historic district for the education, pleasure and welfare of the citizens of the Township of Bloomfield and its visitors.

§ 157-2. District boundaries.

The bounds of the Bloomfield Green Historic District, as shown on the Tax Maps of the Township of Bloomfield, for the purpose of this chapter, are as follows.

Block 242 (All) Block 252 (All) Block 282 (All)

245 (All) 271 (All) 283 (All)

246 (All) 272 (All) 284 (All)

248 (All) 275 (All) Block 517, Lots

250 (All) 276 (All) 1,2,4, (Part)

251 (All) 281 (All) 9, 11, 12, 13,

14, 15, 17,

20, 23

§ 157-3. Historic District Review Board.

A. There is hereby established in the Township of Bloomfield a Historic District Review Board consisting of five (5) members.

B. All members must be residents of the Township of Bloomfield, and three (3) shall reside and own property within the Historic District, and all shall be persons with knowledge of and demonstrated interest in the historical character of the community.

C. All members shall be appointed by the Mayor with the approval of the Township Council.

D. All members shall serve terms of three (3) years, except that the initial terms shall be one (1), two (2) or three (3) years so that approximately one-third (1/3) of the terms expire each year for the first three (3) years, and thereafter each appointment shall be for three (3) years unless to fill a vacancy, in which case the appointment shall be for the unexpired term.

E. Members shall serve without compensation.

F. The Board, subject to the township's budgetary limitations, may hire a Secretary and such experts as it deems necessary. The Secretary may be a member of the Review Board, in which case no salary will be paid.

G. The Review Board shall meet at the call of the Chair. A majority of the total membership shall constitute a quorum.

H. The Review Board shall elect from among its members a Chairperson and such other officers as it may determine. The Board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record and filed with the Township Clerk within two (2) weeks after each meeting.

I. The Mayor, with the approval of the Township Council, shall appoint two (2) alternate members to the Historic District Review Board, who shall be designated by the Chairperson as "Alternate No. 1" and "Alternate No. 2" and who shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be three (3) years, however, the initial appointees shall serve to December 31, 1991. [Added 10-3-1988]

§ 157-4. Building permit and Planning Board approval required.

No building or structure shall be erected, reconstructed, altered, restored, moved or demolished within the Historic District, and no sign, light, fence, wall or other appurtenant fixture shall be erected or displayed on any lot, building or structure located within the district, until after an application for a building permit has been submitted to the Historic District Review Board and approved by the Planning Board. Every application for a building permit for a building located or to be located within the district shall be accompanied by plans for the proposed change. As used herein, "plans" shall mean drawings with sufficient detail to show, as far as they relate to exterior appearance, the architectural design for the building, including proposed materials, textures and colors, and the plot plan or site layout, including all site improvements or features such as walls, walks, plantings, signs, lights and other appurtenances. Such plans shall be forwarded by the Building Inspector to the Review Board for consideration.

§ 157-5. Review by Review Board.

A. The Historic District Review Board shall meet within fifteen (15) days after notification by the Building Subcode Official of the filing of plans unless otherwise mutually agreed upon by the applicant and the Review Board. The Review Board shall then make its recommendations, in writing, to the Planning Board or Zoning Board within fifteen (15) days of the next regular scheduled Planning Board or Zoning Board meeting. This time period may be extended if consented to by the applicant.

B. Such recommendation shall be given great weight and deliberation by the Planning Board or Zoning Board.

§ 157-6. Time limit for approval.

The Planning Board or Zoning Board shall approve or disapprove all applications for building or demolition permits required under §§ 157-8 and 157-9 of this chapter within forty-five (45) days from the date of application. Failure to do so shall be deemed to constitute approval, and the Building Subcode Official shall proceed to process the application and issue the necessary permit.

§ 157-7. Demolition or moving of structures.

A. The demolition or moving of structures of historical or architectural value shall be discouraged.

B. In addition to the written recommendations of the Review Board, the Planning Board and Zoning Board shall be guided by the following conditions in exercising judgment in granting a demolition permit:

(1) The structure is deemed by the Subcode Official to be a hazard to public safety or health and repairs are impossible.

(2) Such structure is a deterrent to a major improvement program which will be of substantial benefit to the township.

(3) Restoration of such structure would cause undue financial hardship to the owner, which would be defined as a situation where more funds than are reasonable would be required to retain the structure.

(4) The retention of such structures would not be in the interest of the township as a whole.

§ 157-8. Additional standards and regulations.

A. The following standards and regulations shall apply in the Historic District and shall be in addition to regulations contained in the Zoning Ordinance of the Township of BloomfieldEN and the criteria set forth in the United States Department of Interior's standards and guidelines for rehabilitating buildings:

(1) The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.

(2) The general compatibility of exterior design, arrangement and materials proposed to be used.

(3) Any other factor, including aesthetic, which the Board deems pertinent.

(4) Description of the details of design for the period of architecture involved in the particular structure and surrounding neighborhood.

B. The Planning Board or Zoning Board shall pass only on exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except in regard to considerations as set forth in the within sections.

C. It is the intent of this section that the Planning Board or Zoning Board be strict in its judgment of applications for alterations, demolition and repairs of existing structures deemed to have significant historical or architectural value as determined by the United States Department of the Interior's National Register of Historic Places Inventory - Nomination Form for the Bloomfield Green Historic District, dated June 1975.

D. It is the, intent of this section that the Planning Board and Zoning Board shall encourage any alterations or repairs to structures be made in the spirit of their architectural style and that any additions will be made in such a manner as not to detract from the building's original appearance.

E. It is the intent of this section that the Planning Board and Zoning Board shall be lenient in its judgment of plans for new construction or for alterations and repair of structures of little historical or architectural value within the Historic District except where such construction, alteration, demolition and repair would seriously impair the historic value and character of surrounding structures.

§ 157-9. Construal of provisions.

Nothing in § 157-8 shall be construed to prevent ordinary maintenance or repair on any structure within the Bloomfield Green Historic District which does not require a building permit, nor shall anything in § 157-8 be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued prior to the adoption of this chapter.

Chapter 159, HOUSING STANDARDS

[HISTORY: Adopted by the Council of the Township of Bloomfield 9-7-1993.EN Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 87.

Fire prevention and protection -- See Ch. 125.

Flood damage prevention -- See Ch. 130.

Property maintenance -- See Ch. 203.

Unfit buildings -- See Ch. 292.

§ 159-1. Definitions.

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

HOUSING SPACE -- That portion of a multiple dwelling rented or offered for rent for living or dwelling purposes in which cooking equipment is supplied, and includes all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property. The term shall not mean or include condominium or cooperative units unless the landlord owns more than three (3) units in the same dwelling complex, building, public housing or dwelling space in any hotel, motel or established guesthouse.

MULTIPLE DWELLING -- Includes any building or structure and land appurtenant thereto containing three (3) or more apartments or rented or offered for rent to three (3) or more tenants or family units.

OWNER -- The holder or holders of the title in fee simple.

PARTIES IN INTEREST -- All individuals, associations or corporations who have interests of record in a multiple dwelling and who are in actual possession thereof, and any person authorized to receive rents payable for housing space in a multiple dwelling.

PUBLIC OFFICER -- The Director of Community Development of the Township of Bloomfield, hereinafter "Director."

STANDARDS FOR SUBSTANDARD MULTIPLE DWELLING -- The standards which shall govern the Director determining whether a multiple dwelling is substandard shall be those minimum standards which are set forth in the State Housing Code promulgated by the Department of Conservation and Economic Development, Bureau of Housing, State of New Jersey, and any amendments or additions thereto which may be promulgated from time to time by said Department of Conservation and Economic Development, Bureau of Housing.

SUBSTANDARD MULTIPLE DWELLING -- Any multiple dwelling determined to be substandard by the Director.

§ 159-2. Director; powers; appointment; term of office.

The Director is hereby authorized to exercise the powers prescribed by this chapter. Said Director shall be appointed at a public meeting by the Mayor, with the consent of a majority of the Township Council.

§ 159-3. Legislative finding.

The health and safety of the residents of the Township of Bloomfield are impaired and threatened by the existence of substandard multiple dwellings within the Township of Bloomfield.

§ 159-4. Substandard multiple dwellings; complaint procedures.

Whenever it appears by preliminary investigation that a multiple dwelling is substandard, the Director shall cause a complaint to be served upon the owner of and parties in interest in such multiple dwelling, stating the reasons why said multiple dwelling is deemed to be substandard and setting a time and place for hearing before said Director. The owners and parties in interest shall have the right to file an answer and to appear and give testimony. The rules of evidence shall not be controlling in hearings before the Director.

§ 159-5. Findings of hearing; order and time limit for repairs.

If, after notice and hearing, the Director determines that the multiple dwelling under consideration is substandard, he shall state his findings, in writing, and shall issue and cause to be served upon the owner or other person entitled to receive rents an order requiring that such repairs, alterations or improvements necessary to bring such property up to minimum standards be made within a reasonable time, the date of the expiration of said reasonable time to be set forth in said order.

§ 159-6. Abatement of nuisance, correction by municipality; custodial appointment; lien against premises.

In the event that the owner of the substandard multiple dwelling fails to comply with an order for repair, alteration or improvements, after notice and reasonable opportunity to do so and where such failure to comply results in the continuation of the condition or conditions harmful to the health and safety of the occupants of the multiple dwelling or to the general public, the Mayor and Township Council may appoint the Director, as custodian of any building or structure on behalf of the municipality, to enter into and take charge of the premises and to supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of municipality ordinances and state laws applicable thereto. In any such case, the compensation of the custodian shall be determined by the Township Council, and all costs, fees and expenses shall be collectible as provided herein. The Director may, by and with the approval of the Mayor and Township Council, expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in the Article.

§ 159-7. Director appointed receiver ex officio in case of noncompliance.

In the event that the owner of the substandard multiple dwelling fails to comply with an order for repair, alteration or improvement, after notice and reasonable opportunity to do so and where such failure to comply results in the appointment of the Director as custodian by the Mayor and Township Council, the Director may, by and with the approval of the Mayor and Township Council, bring an action in the Superior Court of the State of New Jersey to be appointed receiver ex officio of the rents and income from such property and expend the same for the purpose of making such repairs, alterations or improvements as are necessary to correct said harmful condition or conditions.

§ 159-8. Rents and income to be available for costs and expenses caused by violation.

Said rents and income so collected by said receiver shall also be available for the payment of such costs and expenses of the receivership as may be adjudged by the Court and for the payment to the municipality of any fines or permits which may have been imposed on the owner for violations of this Article and which have not been paid by the person liable therefor.

Chapter 163, INSURANCE EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 3-19-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Defense and indemnification -- See Ch. 15.

Municipal Insurance Fund Commission -- See Ch. 31.

Fire prevention and protection -- See Ch. 125.

ARTICLE I, Fire Insurance Claims [Adopted 3-19-1979]

§ 163-1. Payment of taxes and liens on fire-damaged property.

A. No insurance company authorized to issue fire insurance policies in the Township of Bloomfield shall pay to a claimant any claim in excess of two thousand five hundred dollars ($2,500.) for fire damages on any real property located within the Township of Bloomfield until such time as all taxes, assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company, all in accordance with N.J.S.A. 17:36-8 et seq.

B. In lieu of the requirements imposed by Subsection A above, the Township of Bloomfield may enter into agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installations pursuant to N.J.S.A. 54:5-19, or for the redemption of the tax sale lien by installment payments pursuant to N.J.S.A. 54:5-65 to 54:5-76, if the Township Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Township Council is authorized to make full payment on the claim to the insured person.

C. Unless a resolution is received in accordance with the provisions of Subsection B above, an insurance company writing fire insurance policies in the Township of Bloomfield is authorized and required, prior to the payment of any claims for fire damages in excess of two thousand five hundred dollars ($2,500.), to pay to the Township of Bloomfield the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company; provided, however, that, if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five percent (75%) of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such moneys and all interest occuring thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in New Jersey shall be disbursed in accordance with the final order or judgment of the court.

§ 163-2. Applicability.

The provisions of this Article shall apply to fire insurance policies issued or renewed after the adoption of this Article by the Township Council.

Chapter 166, JUNK DEALERS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 16 of the 1962 Code. Section 166-8 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Licensed occupations -- See Ch. 173.

Zoning -- See Ch. 271.

Public health nuisances (Board of Health) -- See Ch. 322.

§ 166-1. License required for junk shops.

No person shall engage in the business of keeping a junk shop or other business involving the storage and sale of old metals, rags or bottles or the wrecking of old automobiles without first obtaining from the Township Council a license for conducting such business.

§ 166-2. Issuance of junk shop license; posting.

A. The license required by the preceding section shall be issued by the Township Clerk to the applicant after approval by the Township Council and upon payment of the license fee, as provided in the following section.

B. Such license shall be posted in a conspicuous place in the place of business of the licensee.

§ 166-3. Junk shop license fee; expiration and revocation. [Amended 11-15-1976; 10-1-1991]

The fee for the license required by § 166-1 shall be one hundred fifty dollars ($150.) per year and shall be paid to the Township Clerk. Such license shall expire on December 31 next after its issuance and may be revoked for just cause by the Township Council.

§ 166-4. License required for dealing in junk.

No person shall carry on the business or act in the capacity of a junkman, junk dealer or rag picker without first obtaining from the Township Council a license therefor.

§ 166-5. Issuance of junk dealer's license; revocation.

A. The license required by the preceding section shall be issued by the Township Clerk after approval by the Township Council and upon payment of the license fee, as provided in the following section, by the applicant.

B. Such license may be revoked by the Council for just cause.

§ 166-6. Junk dealer's license fee; expiration. [Amended 11-15-1976]

The fee for the license required by § 166-4 shall be fifty dollars ($50.) per year and shall be paid to the Township Clerk. Such license shall expire on December 31 next after its issuance.

§ 166-7. Rules and regulations; badge; display of license.

A. All persons licensed as required by § 166-4 shall be governed by such rules and regulations as the Township Council shall from time to time prescribe.

B. Such license shall have a badge bearing the following inscription: "Bloomfield License No. ___ , conspicuously displayed and securely fastened on each side of every wagon or cart used by him in his business. Where such business is carried on by any person without the use of any wagon or cart, then all such licensed persons shall at all times carry with him, when so engaged, his license.

C. The licensee shall exhibit his license on demand to any police officer of the township.

§ 166-8. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 168, LANDSCAPERS

[HISTORY: Adopted by the Township Council of the Township of Bloomfield 12-26-1996. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Garbage, refuse and waste disposal -- See Ch. 142.

Payment of delinquent taxes and assessments -- See Ch. 172, Art. I.

Property maintenance -- See Ch. 203.

Trees -- See Ch. 247.

Weeds -- See Ch. 354.

§ 168-1. Definitions.

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

ANNUAL FEE -- The fee charged by and payable to the Municipal Clerk of the Township of Bloomfield to obtain a license as a landscaper.

ANNUAL LICENSE -- A license issued by the Municipal Clerk of the Township of Bloomfield for the purposes stated.

CUSTOMER -- Anyone who employs the services of a landscaper to perform the services of maintaining, cutting, cleaning or raking property within the Township of Bloomfield.

LANDSCAPE CONTRACTOR -- The same meaning as landscaper.

LANDSCAPER -- A person or persons doing business with residential or commercial customers for the purpose of maintaining, cutting, cleaning, raking or performing similar activities on property within the Township of Bloomfield for a fee or under contract.

VEHICLE -- Any vehicle required to be registered with the New Jersey Department of Motor Vehicles for use on local roads and highways and used by a landscaper in the performance of his work in the Township of Bloomfield.

§ 168-2. License required; display of decal.

All landscapers using a truck, van or trailer for landscaping services within the Township of Bloomfield shall be required to obtain a license in order to offer their services in the Township of Bloomfield. A license shall be required for each vehicle the landscaper owns or operates within the Township of Bloomfield. Said license shall be obtained from the Municipal Clerk prior to April 1 of each calendar year (said license shall terminate March 31). Proof of licenser will be demonstrated by the issuance and the display of a decal, which will be issued to each licensee and displayed on each vehicle the landscaper owns or operates in the Township of Bloomfield. The decal shall be displayed on the front driver's side bumper of each vehicle the landscaper owns or operates, as well as on the driver's side of the tongue of any trailer.

§ 168-3. Application for license; issuance; expiration.

A. All applications for landscaping licenses shall be in writing on all forms furnished by the township, signed by the applicant or the authorized agent of the applicant, and presented to the Municipal Clerk. The application shall state the name of the landscaper; the correct name under which the business is being operated; the residence of the applicant; the year, make, model and license plate number of the vehicle or vehicles; and such other pertinent information as may be necessary for an investigation of the applicant.

B. All applications for licenses received by the Clerk shall, after appropriate review and investigation, either be granted or refused. Thereafter, if the application is approved, the Municipal Clerk shall issue the license upon payment of the license fee as hereinafter provided.

C. All licenses issued shall expire March 31 of the year following the year of issuance.

§ 168-4. Requirements.

Every landscaper operating within the Township of Bloomfield shall be required to comply with the following:

A. The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in said operation, shall be no less than three inches in height and shall include the name, address and telephone number.

B. All landscapers shall dispose of all cuttings, clippings and waste materials generated at Bloomfield sites only at the customer's location or at such other location and in the manner as may be designated and directed by the Director of the Department of Public Works of the Township of Bloomfield. The disposal of all cuttings, clippings and waste materials generated from sites outside the Township of Bloomfield is strictly prohibited within the township.

§ 168-5. License and decal fees; term of license; renewal.

A. Upon filing such application, the applicant shall pay to the Municipal Clerk a fee of $50 which will entitle the applicant to two decals. Additional decals shall cost $10 each. Any fractional year will be considered a full year for the purposes of this section.

B. The term of such license shall be from April 1 to March 31 of the calendar year following the year of issuance.

C. Such license shall be renewed annually by the Municipal Clerk upon payment by the applicant to the Municipal Clerk of an annual renewal fee of $50. Such renewal shall be for the following year in which such renewal occurs.

§ 168-6. Revocation of license.

If any person licensed in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinance of the Township of Bloomfield relevant to landscaping, the Township of Bloomfield shall revoke the license of such person immediately. The Municipal Clerk shall not restore the license during such time as the violation for which such conviction was obtained exists or remains.

§ 168-7. Relicensing after revocation.

Any person whose license has been revoked under the provisions above may be relicensed by the Municipal Clerk when the grounds upon which such license was revoked are removed or corrected and upon payment of the fee prescribed herein.

§ 168-8. Enforcement.

Any authorized representative of the township's Public Works Department or member of the Bloomfield Police Department may enforce the provisions of this chapter.

§ 168-9. Violations and penalties.

A. Any person who violates any provision of this chapter, other than disposal requirements, shall upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continued.

B. Any person who violated the disposal requirements of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed for each violation of this provision.

Chapter 170, LIBRARY USE PROCEDURES EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 6-20-1977. Section 170-6A amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]

§ 170-1. Failure to return overdue materials after notice.

No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, photograph recording, audio-visual material or any other item borrowed from the Free Public Library of the Township of Bloomfield after thirty (30) days have elapsed from the date of posting, by certified mail, return receipt requested, of a notice demanding return thereof, addressed to said person at the last address furnished.

§ 170-2. Destruction of materials.

No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item, or any part thereof, borrowed from, owned by or in the custody of said library.

§ 170-3. Posting of rules, regulations and procedures.

The Library Board shall adopt and post in a conspicuous place in the Free Public Library buildings rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, artistic reproductions, phonograph recordings, audio-visual materials and any other items available for borrowing by the public.

§ 170-4. Compliance with rules, regulations and procedures required.

No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audio-visual material or any other item from the Free Public Library buildings without complying with the rules, regulations and procedures of the library for borrowing such items.

§ 170-5. Filing of complaints.

The Attorney for the Library Board is authorized to file a complaint in the Municipal Court after the following condition has been met: He, the Attorney for the Library Board, has sent a second certified letter, return receipt requested, after thirty-five (35) days have elapsed from the date of posting of the first certified letter mentioned in § 170-1 above, informing the person that the book or other item is still overdue and that he is subject to prosecution pursuant to this chapter. In the case of a minor, which shall be any person under the age of eighteen (18) years, the letter shall be sent to the parents or guardian of the minor involved.

§ 170-6. Violations and penalties.

A. Any person who violates or refuses to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or imprisonment not to exceed ninety (90) days, or both, in addition to the court costs and the return of and the payment of fines due on all library materials withheld. The monetary penalty and the fines due shall be paid to the library.EN

B. Any person convicted of violating the provisions of this chapter is not only subject to the fine mentioned in Subsection A above but is also required to give an accounting in court of any contested item or items, in accordance with library procedures, as specified in § 170-3 above.

Chapter 172, LICENSES AND PERMITS

[HISTORY: Adopted by the Township Council of the Township of Bloomfield: Art. I, 8-5-1996. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages -- See Ch. 70.

Amusements and amusement devices -- See Ch. 74.

Returned checks -- See Ch. 93.

Dry-cleaning and dry-dyeing establishments -- See Ch. 111.

Filming -- See Ch. 123.

Food establishments -- See Ch. 133.

Gasoline stations and repair garages -- See Ch. 145.

Junk dealers -- See Ch. 166.

Landscapers -- See Ch. 168.

Licensed occupations -- See Ch. 173.

Limousines and auto cabs -- See Ch. 174.

Motor vehicles, sale of -- See Ch. 177.

Outdoor sidewalk cafes -- See Ch. 184.

Peddling and soliciting -- See Ch. 194.

Special sales -- See Ch. 215.

Swimming pools -- See Ch. 236.

Taxicabs -- See Ch. 241.

Trees -- See Ch. 247.

Vending machines -- See Ch. 258.

Zoning -- See Ch. 271.

ARTICLE I, Payment of Delinquent Taxes and Assessments [Adopted 8-5-1996]

§ 172-1. Proof of no delinquent property taxes or assessments required.

Every person applying for the issuance or the renewal of any license or permit issued by or requiring the approval of the township shall provide proof that there are no delinquent property taxes or assessments due on the property wherein or upon which the business or activity for which the license or permit is conducted.

§ 172-2. Conditional issuance or renewal of licenses and permits.

If the applicant is the owner of the property where the business or activity for which the license or permit is sought or where the business or activity is to be conducted, then the township or the township officer charged with issuing or renewing the license or permit shall condition the issuance or renewal of said license or permit upon the payment by the applicant of any delinquent property taxes or assessments on the subject property.

Chapter 173, LICENSED OCCUPATIONS

[HISTORY: Adopted by the Council of the Township of Bloomfield: Art. I, 9-7-1982. Section 173-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Amusements and amusement devices -- See Ch. 74.

Business hours -- See Ch. 89.

Food establishments -- See Ch. 133.

Gasoline station and repair garages -- See Ch. 145.

Junk dealers -- See Ch. 166.

Sale of motor vehicles on open-air lots -- See Ch. 177, Art. I.

Peddling and soliciting -- See Ch. 194.

Dealers in precious metals and gems -- See Ch. 199.

Special sales -- See Ch. 215.

Taxicabs -- See Ch. 241.

Vending machines -- See Ch. 258.

Boarding homes for children (Board of Health) -- See Ch. 288.

Child-care centers (Board of Health) -- See Ch. 296.

Food establishments (Boards of Health) -- See Ch. 303.

Food handling (Board of Health) -- See Ch. 305.

Ice (Board of Health) -- See Ch. 311.

Milk and milk products (Board of Health) -- See Ch. 318.

Public swimming pools (Board of Health) -- See Ch. 345.

ARTICLE I, Public Establishments in Accordance With State Sanitary Code [Adopted 9-7-1982]

§ 173-1. License required.

It shall be unlawful for any person or any body corporate to conduct public establishments, as listed and defined in the State Sanitary Code of New Jersey, without first having procured an annual license from the local Board of Health so to do so and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Sanitary Code of New Jersey.

§ 173-2. Fees; expiration and renewal of license; effect on existing establishments.

A. [Amended 6-6-1994] The annual fees for licenses of the public establishments are hereby fixed as follows:

(1) Beauty parlors, nail salons and tanning salons: fifteen dollars ($15.).

(2) Barbershops: fifteen dollars ($15.).

(3) (Reserved)

(4) Nursery schools: thirty dollars ($30.).

(5) Day-care centers: thirty dollars ($30.).

(6) Nursing homes: thirty dollars ($30.).

(7) Boardinghomes: thirty dollars ($30.).

B. The licenses issued aforesaid shall be effective for the calendar year, expiring on the 31st day of December of the year of issue, and may be renewable for succeeding calendar years thereafter. The fee for license renewals shall be due and payable on or before the first day of February in the year of renewal.

C. Late fee: ten dollars ($10.) after April 1. [Amended 6-6-1994]

§ 173-3. Suspension and revocation of licenses; hearings.

A. Any license issued under the terms and provisions of this Article may be suspended or revoked by the Board of Health of this municipality for the violation by the licensee of any provision of this Article or of the State Sanitary Code of New Jersey or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of this municipality or that the person or persons conducting the public establishment is of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.

B. A license issued under the terms and provisions of this Article shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States post office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the governing body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.

§ 173-4. Board of Health approval required for reissuance of revoked license.

If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the township unless the application for such license shall be approved by the Board of Health.

§ 173-5. Applicability.

No provision of this Article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.

§ 173-6. Violations and penalties. [Amended 11-2-1987]

Any person, firm or corporation who or which shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine of not to exceed one thousand dollars ($1,000.) or by imprisonment in the county jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment, and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 173-7. Statutory authorization.

This Article is being enacted pursuant to N.J.S.A. 40:52-1.

§ 173-8. Administration and enforcement.

The Board of Health of the Township of Bloomfield shall be responsible for the administration and enforcement of this Article.

Chapter 174, LIMOUSINES AND AUTO CABS

[HISTORY: Adopted by the Council of the Township of Bloomfield 9-15-1992. Amendments noted where applicable.]

GENERAL REFERENCES

Cruising -- See Ch. 101.

Taxicabs -- See Ch. 241.

Vehicles and traffic -- See Ch. 254.

§ 174-1. Definitions.

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

LIMOUSINE and AUTO CAB -- Includes any automobile or motor car with a carrying capacity of not more than nine (9) passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this chapter shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or auto buses which are subject to the jurisdiction of the Board of Public Utilities or interstate auto buses required by federal or state laws or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.

LIMOUSINE OR LIVERY SERVICE -- Includes the business of carrying passengers for hire by auto cabs.

PERSON -- Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.

STREET -- Includes any street, avenue, park, parkway, highway or other public place.

§ 174-2. Application for license.

Application for licenses for limousines or private livery automobiles shall be made by the owners, lessee or bailee upon forms to be furnished by the Township Clerk, and such application shall contain the full name and address of the owner, lessee or bailee and also the applicant, the type of vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying and the location where the limousine shall be stored when not in use. The application shall have affixed thereon an affidavit to be sworn to by the applicant. Applicants must present proof that the principal place of business is in the Township of Bloomfield, New Jersey. Acceptable proof is a current New Jersey driver's license, motor vehicle registration or a copy of a tax bill or lease if the location is in a business or commercial zone. In all residential zones, applicants will be limited to a single vehicle.

§ 174-3. License required; fee. [Amended 5-5-1997; 7-14-1997]

A. No private livery automobile or limousine shall operate hereafter upon the streets of the Township of Bloomfield without first obtaining a license, which license shall be issued to expire 12 months next succeeding the date of registration and insurance renewal, unless sooner suspended or revoked by the Mayor and Council. The annual fee to be paid for such license for each vehicle shall be the sum of $100 per year or any portion thereof

B. No person shall operate any livery automobile or limousine for hire within the township without having first obtained a license as a driver from the Municipal Clerk, and no person under the age of 18 years shall be so licensed.

C. Every applicant for such license shall pay to the Municipal Clerk an annual license fee of $25 for each livery automobile or limousine for hire.

§ 174-4. Insurance required.

No such auto cab, limousine or livery service shall be operated wholly or partly along any street in the Township of Bloomfield until the owner of the auto cab, limousine or livery service shall have filed with the Township Clerk of Bloomfield an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of one hundred thousand dollars ($100,000.), required to be provided by law against loss by reasons of the liability imposed by law upon every auto cab, limousine or livery service owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the auto cab, limousine or livery service upon any public street. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such auto cab, limousine or livery service or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury in the aforesaid.

§ 174-5. Power of attorney.

The owner of the auto cab, limousine or livery service shall execute and deliver to the Clerk of the municipality a power of attorney wherein and whereby the owner shall appoint the Chief Fiscal Officer of the Township of Bloomfield his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served upon the insured by virtue of the indemnity granted under the insurance policy filed.

§ 174-6. Advertising on vehicle.

No limousine licensed under this chapter is permitted to display any form of advertising on the vehicle either by painted lettering or affixed placards.

§ 174-7. Certificate of compliance.

The Township Clerk, upon the filing of the required insurance policy, shall issue a certificate, in duplicate, showing that the owner of the auto cab, limousine or livery service has complied with the terms and provisions of this chapter. Such certificate shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every auto cab, limousine or livery service insured thereunder and the registration of the same. A duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is registered as an auto cab, limousine or livery service. The original certificate shall be posted in a conspicuous place within the auto cab, limousine or livery service.

§ 174-8. Compliance with other laws.

Nothing in this chapter shall exempt any person owning or operating any auto cab, limousine or livery service from complying with the law relating to the ownership, registration and operation of automobiles in this state.

§ 174-9. Revocation, suspension and nonissuance of licenses.

The Mayor and Council may, in its discretion and after notice and hearing, refuse to issue or renew, revoke or suspend any license issued to auto cab, limousine or livery service owners under this chapter where the applicant or licensee has once been convicted of a crime in this or any other jurisdiction or twice convicted of being a disorderly person or in violation of Title 39 of the Motor Vehicle and Traffic Regulations of the Revised Statutes of New Jersey, or who has violated any provision of this chapter or has any judgment of record unsatisfied against him arising out of an automobile accident, or who has failed or fails to render a reasonably prompt, safe and adequate formal, private automobile livery or limousine service or has not complied fully will all of the requirements of this chapter for such class of license.

§ 174-10. Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall be, upon conviction thereof, punished by a fine not exceeding five hundred dollars ($500.) or by imprisonment not exceeding six (6) months, or both, in the discretion of the court, and in addition thereto, the license provided by this chapter shall be suspended, pending action by the Mayor and Township Council with respect to suspension or revocation of said license in accordance with the terms of this chapter. It shall be the duty of the Judge to notify the Mayor and Township Council of all convictions for violations of the terms of this chapter.

Chapter 175, MONUMENTS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sec. 19-23 of the 1962 Code. Section 175-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 175-1. Permit required for uncovering monument stones.

Any person desirous of uncovering monument stones shall first notify the Township Engineer, and such person shall cover such stones again to the satisfaction of the Township Engineer.

§ 175-2. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 177, MOTOR VEHICLES, SALE OF EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 17, Art. IV, of the 1962 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Business hours -- See Ch. 89.

Gasoline stations and repair garages -- See Ch. 145.

Licensed occupations -- See Ch. 173.

Off-street parking of motor vehicles -- See Ch. 187.

Special sales -- See Ch. 215.

Abandoned vehicles -- See Ch. 252.

Vehicles and traffic -- See Ch. 254.

ARTICLE I, Open-Air Lots [Adopted 11-19-1962 as Ch. 17, Art. IV, of the 1962 Code]

§ 177-1. Definitions.

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

OPEN-AIR PARKING STATIONS FOR THE SALE, EXCHANGE OR DISPLAY OF MOTOR VEHICLES -- Any open-air plot of ground, lot or land within the township where motor vehicles are exhibited or stored, parked, kept or located for sale, exchange or display.

§ 177-2. License required.

No person shall manage, conduct, operate or carry on the business of an open-air parking station for the sale, display or exchange of motor vehicles, as defined by this Article, without first having obtained a license therefor as provided in this Article. A separate license shall be required for each separate place of business.

§ 177-3. Contents of license application.

The application for a license for the business of managing, conducting and carrying on an open-air parking station for the sale, display or exchange of motor vehicles shall be made to the Township Clerk and shall accurately specify the location of the open-air parking station, the portion of the lot to be used and the number of square feet of area occupied thereby. Such application shall be accompanied by a map, sketch or survey showing the exact location of the proposed parking station and the area proposed to be used.

§ 177-4. License fees; duration of license; revocation.

A. [Amended 11-15-1976; 10-1-1991] The annual license fee for an open-air parking station for the sale, display or exchange of motor vehicles shall be as follows:

(1) For any such parking station having a square-foot area of not more than five thousand (5,000) square feet: the sum of one hundred dollars ($100.) per year.

(2) For any such parking station having a square-foot area of five thousand one (5,001) square feet and not in excess of ten thousand (10,000) square feet: the sum of one hundred fifty dollars ($150.) per year.

(3) For any such parking station having a square-foot area of ten thousand one (10,001) square feet and not in excess of fifteen thousand (15,000) square feet: the sum of two hundred dollars ($200.) per year.

(4) For any such parking station having a square-foot area of fifteen thousand one (15,001) square feet or more: the sum of two hundred fifty dollars ($250.) per year.

B. Such license shall run for a period of one (1) year, commencing January 1 and ending December 31 of any year. If, at the time of the application for a license under the provisions of this Article, fewer than six (6) months of the license year have expired, the applicant shall be required to pay the full fee for the year. If six (6) months shall have expired, the applicant shall be required to pay one-half (1/2) of the fee for the year.

C. All licenses shall be revocable by the Township Council for the violation of any of the terms of this Article upon due notice and hearing.

§ 177-5. Transferability of license; separate license for each location.

A. The licenses issued under this Article are not transferable or assignable, except with the consent of the Township Council, and the business or occupation shall be conducted only at the place therein specified.

B. A separate license shall be required for each separate place of business.

§ 177-6. Bumper rails.

A. Within ten (10) days after a license is granted under this Article, a bumper rail of not less than six (6) inches in height, built of sturdy, common construction, shall be erected along the street line of the property so as to prevent automobiles from intruding into the sidewalk area or extending beyond the licensed premises.

B. There shall be no openings for entrance or exit in such bumper rail along the street line, except along the street line where the street curb has been lowered in accordance with the rules of the Township Engineer's office, or, where the licensed premises front on a county road, from the County Engineer's office, and such openings shall not exceed in number or width the portions of the curb so lowered, provided that, where the street curb has not been lowered, an entrance to the licensed premises through such bumper rail, not exceeding four (4) feet in width, shall be permitted. Such bumper rail shall be at all times maintained and kept in proper repair during the period covered by the license.

§ 177-7. Hours of operation.

No person shall conduct, operate or carry on the business of an open-air parking station for the sale, display or exchange of motor vehicles between the hours of 11:00 p.m. and 6:00 am., prevailing time, of the following day.

§ 177-8. Use of streets and sidewalks.

No motor vehicle or other object shall be exhibited, stored, parked, kept or located under the license issued under this Article on any street, sidewalk or part thereof.

§ 177-9. Purpose.

This Article is enacted for the purpose of raising revenue and for the regulation and control of open-air parking stations for the sale, display or exchange of motor vehicles.

§ 177-10. Applicability.

A. The provisions of this Article shall not apply to or be understood to apply to any lot or plot of land occupied by a public garage building wherein the business of public automobile repair or storage is maintained or conducted, but this shall not be construed to exempt any premises adjacent to any such garage building from the provisions of this Article.

B. The provisions and requirements of this Article are supplementary to the requirements of any law or ordinance governing the erection of buildings and structures and the nature and extent of the uses of land.

Chapter 180, NEWSPAPERS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 12-20-1976. Section 180-3 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Garbage, rubbish and refuse -- See Ch. 142.

ARTICLE I, Recycling [Adopted 12-20-1976]

§ 180-1. Establishment of recycling program.

There is hereby established a program for collection of used and/or old newpapers, commonly referred to as "newsprint," from residences of the Township of Bloomfield for the purpose of recycling, as herein stated.

§ 180-2. Collection.

A. Such collections shall be made by the municipal scavenger contractor of the Township of Bloomfield, under the supervision of the Department of Public Works of the Township of Bloomfield.

B. The municipal scavenger contractor of the Township of Bloomfield is hereby authorized to collect, separately from other solid waste collection at curbside, used and/or old newspapers. Separate newspaper collection shall be conducted on the same day and at the same time as regular garbage collection in accordance with the contract between the Township of Bloomfield and the municipal scavenger collector.

C. From the time of placement by any resident of used and/or old newspapers for collection by the municipal scavenger contractor of the Township of Bloomfield pursuant to the program established hereby and the rules and regulations to be issued hereunder, such material shall become the property of the Township of Bloomfield and the municipal scavenger contractor, and it shall be in violation of this Article for any person, other than the authorized personnel of the Township of Bloomfield Department of Public Works and/or the municipal scavenger contractor or the resident, for a period of twenty-four (24) hours thereafter to collect, pick up or cause to be collected or picked up such materials. Any and each such collection in violation hereof from one (1) or more residences during said period shall constitute a separate and distinct offense.

§ 180-3. Violations and penalties.EN

Any violation of this Article shall be punishable by a fine of not more than one thousand dollars ($1,000.) or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment, upon conviction of a violation of this Article.

Chapter 181, NEWSRACKS

[HISTORY: Adopted by the Council of the Township of Bloomfield 12-21-1987.EN Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks -- See Ch. 230.

§ 181-1. General provisions.

Newspaper vending machines, hereinafter referred to as "newsracks," may be maintained in the Township of Bloomfield subject to the following.

§ 181-2. Projection into streets.

No person, firm or corporation shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon any portion of a roadway.

§ 181-3. Placement on sidewalks.

A. No person shall install, use or maintain any newsrack which, in whole or part, rests upon, in or over any sidewalk when such installation, use or maintenance endangers the safety of persons or property.

B. Any newsrack which, in whole or in part, rests upon, in or over any sidewalk shall comply with the following standards:

(1) No newsracks shall exceed five (5) feet in height, thirty (30) inches in width or two (2) feet in depth.

(2) Newsracks which are placed near a curb or adjacent to the wall of a building.

(a) Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall.

(b) Newsracks placed near the curb shall be placed no less than six (6) inches from the edge of the curb.

(3) Newsracks may be chained or otherwise attached to one another; however, no more than three (3) newsracks may be joined together in this manner, and a space of no less than eighteen (18) inches shall separate each group of three (3) newsracks so attached.

(4) No newsrack or group of attached newsracks allowed under Subsection B(3) hereof shall weigh, in the aggregate, in excess of one hundred twenty-five (125) pounds when empty.

(5) No newsrack shall be placed, installed, used or maintained:

(a) Within three (3) feet of any marked crosswalk.

(b) Within fifteen (15) feet of the curb return of any unmarked crosswalk.

(c) Within three (3) feet of any fire hydrant, fire call box, police call box or other emergency facility.

(d) Within three (3) feet of any driveway.

(e) Within ten (10) feet to the rear of any sign or other demarcation marking the beginning of a designated bus stop.

(f) Within three (3) feet of any bus bench, except where such bench is within a bus shelter, in which event this restriction shall not apply, provided that the newsrack is not placed within such bus shelter.

(g) Within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(h) Within or upon any public right-of-way in a residential zone, as shown and designated on the Zoning Map of the Township of Bloomfield. [Added 12-19-1988]

(6) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodicals sold therein.

(7) Each newsrack shall be maintained in a clean, neat condition and in good repair at all times.

§ 181-4. Labeling of newsracks.

Every person who places or maintains a newsrack on the streets of the Township of Bloomfield shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.

§ 181-5. Registration by owners; fees.

Any person, firm or corporation owning a newsrack in the Township of Bloomfield shall, within fifteen (15) days after beginning said maintenance, register his name, address and phone number and the location(s) of the newsrack(s) maintained in the township and shall pay an annual fee of ten dollars ($10.) for one (1) each and five dollars ($5.) for each additional rack to defray the costs to the township for registration and inspection of said racks. For every subsequent year, the owner shall pay the annual fee as aforesaid by January 10 of that year. The owner shall at all times promptly notify the Township Clerk of any changes in the registration information.

§ 181-6. Relocation by township in case of emergency.

Any newsrack maintained in the township which creates a hazard to pedestrians or obstructs traffic or interferes with the response to an emergency situation by a public officer, fire fighter, ambulance corps or medic may be summarily relocated by a public officer of the township to the nearest location not presenting said hazard. Any such relocation shall be reported as soon as reasonably possible to the Township Clerk, who shall thereafter notify the registered owner of the newsrack as soon as possible of the new location. The owner may thereafter relocate the newsrack to any location not presenting a hazard and otherwise comply with the terms of this chapter.

§ 181-7. Notice of violations.

A. If any newspaper distribution box is determined to violate any of the provisions of this chapter, then a notice of violation shall be sent to the person designated to receive notices in the registration form.

B. The notice shall state the specific provisions of this chapter which have not been adhered to and notify the owner that the box must either be removed or brought into compliance with the specified provisions of this chapter within seven (7) business days. If the owner elects to cure the specified violation or violations within said time period, then the owner shall take all necessary curative actions prior to the expiration of said time period.

C. Upon request, the official issuing a notice of violation shall meet with the recipient of such notice to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. A request for such a meeting shall not toll the time for correcting or eliminating any violation, unless the official is unavailable for a meeting at any reasonable time within three (3) business days following the receipt of a request. Following any such meeting, the official issuing the notice of violation may rescind the notice if he determines that there was no violation. The official may also grant an extension of up to one (1) week for the correction of any violation upon request and a showing of good cause.

§ 181-8. Violations and penalties.

Any person who violates any of the provisions of this chapter, after having been served with a notice of violation and having failed to correct or eliminate said violation or violations in accordance with § 181-7, shall be subject to a fine of not less than fifty dollars ($50.) and not more than two hundred dollars ($200.). Each violation of a separate section of this chapter and each violation by a different newspaper distribution box shall constitute a separate offense.

Chapter 183, NOISE EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Secs. 19-24 through 19-28.1 of the 1962 Code. Section 183-7 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable]

GENERAL REFERENCES

Animals -- See Ch. 78.

Peddling and soliciting -- See Ch. 194.

Zoning -- See Ch. 271.

Noise pollution (Board of Health) -- See Ch. 326. Art. II.

Park rules and regulations -- See Ch. A361.

§ 183-1. Radios, musical instruments, phonographs and other similar devices.

A. No person shall play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and such persons who are voluntary listeners thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.

B. The use or operation of any such instrument, radio, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure, vehicle or place in which it is used or operated shall be prima facie evidence of a violation of this section.

C. Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall building or in the open air.

§ 183-2. Advertising.

No persons shall, for advertising purposes or for the purpose of attracting the attention of the passing public, play, use, operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound on the streets or public places of the township or in any place where the sound therefrom is cast directly upon the streets or public places or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises.

§ 183-3. Sound trucks and other devices; permit.

It shall be unlawful for any person, either as principal, agent or employee, to play, use or operate for advertising purposes or for any other purpose whatsoever, on or upon the public streets in the township, any device known as a "sound truck," "loudspeaker" or "sound amplifier" or a radio or phonograph with a loudspeaker or sound amplifier or any other instrument known as a "calliope" or any instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated upon the streets or public places, provided that such a sound truck, machine or device may be used to disseminate advertising material, information or messages to the public in, on and upon the streets so long as the sound truck, machine or device so mounted shall remain in a stationary position, standing or parked in such public streets if the person shall first obtain a permit for such use from the Township Council.

§ 183-4. Noise by dogs and other animals.

It shall be unlawful for any person to possess or harbor upon his premises any animal that shall, by barking, snarling or growling, make any disturbing noise.

§ 183-5. Transportation, loading and unloading of freight.

It shall be unlawful for any person to carry or permit to be carried within the township any material or matter of any kind which shall in transit give off disturbing noises, nor shall he load or unload such material at night if the loading or unloading cannot be done without the production of disturbing noises.

§ 183-6. Enumeration of prohibited acts. [Added 12-20-1971; amended 2-20-1973]

A. Prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others or to create any unreasonably loud, disturbing and unnecessary noise of such character, intensity or duration as is detrimental to the life or health of any individual or person within the limits of the township.

B. Enumeration. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be construed to be a limitation or be deemed to be exclusive.

(1) The use of a sound truck with sound amplification in operation.

(2) The sounding of any horn or signaling device on any vehicle, except as a danger warning, or the sounding of any horn or signaling device for any unnecessary and unreasonable period of time in times of traffic holdups or the use of any horn, whistle or other device operated by engine exhaust.

(3) The playing of any radio, phonograph, television, musical instrument or other machine or device for the producing or reproducing of sound, in such manner or volume as to unreasonably annoy or disturb others in the vicinity, particularly during the hours between 11:00 p.m. and 7:00 a.m.

(4) The use of or permission to use on the public streets of the township any loudspeaker, amplifier, radio, phonograph or other machine or device for the purpose of commercial advertising or attracting the attention of the public.

(5) Yelling, shouting, hooting, whistling or singing in the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., so as to annoy and disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity.

(6) The keeping of any animal or bird which causes frequent, long, continued or disturbing noises.

(7) The blowing of any locomotive whistle or whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as a warning of distress, fire or danger or upon request of proper municipal officials.

(8) The discharge into open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or other engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(9) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(10) The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

(11) The erection (including excavation), demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, provided that a permit therefor has been obtained from the Building Inspector. Such permit may be granted while the emergency continues for a period not to exceed three (3) days and may be renewed for periods of three (3) days or less.

(12) The creation of any excessive or disturbing noise on any street adjacent to any school, institution of learning, church or court, provided that conspicuous signs are displayed in such streets indicating the proximity of such institutions.

(13) The shouting or crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood.

(14) The operation between the hours of 6:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, including locomotives parked in a stationary position, the use of which is attended by loud or unusual noise.

(15) The operation of any blower, fan or internal-combustion engine resulting in noise from the explosion of operating gases or fluids, unless such blower, fan or engine is equipped with a sound-deadening muffler.

(16) The sounding of any horn or signal device on any vehicle between 7:00 p.m. and 7:00 a.m., prevailing time, at any street intersection within the township where there is a traffic light signal, except in the case of an emergency, or the sounding of any railroad horn or whistle between such hours at any railroad grade crossing within the township where there are crossing gates.

§ 183-7. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 184, OUTDOOR SIDEWALK CAFES

[HISTORY: Adopted by the Township Council of the Township of Bloomfield 4-17-1995. Amendments noted where applicable.]

GENERAL REFERENCES

Business hours -- See Ch. 89.

Zoning -- See Ch. 271.

Food establishments -- See Ch. 303.

§ 184-1. Title.

The Code of the Township of Bloomfield, adopted November 2, 1987, is hereby amended to add a new chapter, specifically Chapter 184, entitled "Outdoor Sidewalk Cafes," and providing as follows.

§ 184-2. Definitions; application; layout plan.

A. As used in this chapter, the following terms shall have the meanings indicated:

ADJACENT BUILDING -- The building whose principal facade fronts on the sidewalk where the outdoor sidewalk cafe is or is proposed to be located.

OUTDOOR SIDEWALK CAFE or CAFE -- A restaurant (as defined herein) serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street.

PERMITTED ZONE -- The B-1 (Central Business) Zone; B-2 (Neighborhood Business) Zone and the R-G/O (Garden Apartment/ Office) Zone, all as defined in Chapter 271 of the Code of the Township of Bloomfield, entitled "Zoning," and all as shown on the Zoning Map of the Township of Bloomfield.

PERSON -- Any individual, partnership, corporation, association or other entity.

PRINCIPAL FACADE -- That portion of the facade of a building which fronts on a public street.

RESTAURANT -- An establishment actually located within the adjacent building, the primary activity of which is the preparation and serving of food for consumption by the public on its premises, whether free or for cost, and where the food to be consumed is served to seated patrons by waiters or waitresses employed for that purpose on utensils of a permanent and durable material designed and capable of being reused; and shall include, by way of example, a restaurant, hotel, coffee shop, tearoom, dining room, cafeteria, luncheonette, soda fountain, sandwich shop and the like (other than a "fast-food establishment," as defined in § 303-4 of the Code of the Township of Bloomfield).

SIDEWALK -- The paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).

B. Application; layout plan.

(1) The applicant shall file an application describing the layout plan and file the application in the Municipal Clerk's office. The layout plan is to include:

(a) A description of the proposed design and location of the outdoor sidewalk cafe and all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any).

(b) A statement of seating capacity of the proposed outdoor sidewalk cafe and of the existing restaurant actually operated by the applicant in the adjacent building.

(c) A diagram demonstrating that pedestrian traffic along the sidewalk upon which the outdoor sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of § 184-8 shall be satisfied.

(d) A description of the proposed location of the outdoor sidewalk cafe showing the actual dimensions of the area to be utilized and the building, street and sidewalk upon which it fronts and on which it is to be located, including the area of frontage and distance from the facade to the curb.

(2) The layout plan shall be referred to the Construction Official, or other appropriate official designated by the Mayor and Township Council from time to time to review such plans, who shall thereupon recommend approval, disapproval or modification of the layout plan within ten (10) business days following its submission to the township. The Municipal Clerk shall also refer the layout plan to the Chief of Police, the Fire Director, the Health Officer, the Municipal Engineer and the Division of Community Development and Inspections for their review and recommendations for approval by Mayor and Township Council of the Township of Bloomfield.

§ 184-3. Insurance required.

A. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first filed with the Municipal Clerk a certificate of insurance, issued by a company duly authorized to transact business under the laws of the State of New Jersey, providing for the payment of not less than five hundred thousand dollars ($500,000.) to satisfy all claims for damage by reason of bodily injuries to or the death of any person as a direct or indirect result of the operation of the outdoor sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than ten thousand dollars ($10,000.) to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe.

B. The insurance policy shall provide that the insurance company shall notify the Township of Bloomfield ten (10) days prior to cancellation or substantial change in coverage.

§ 184-4. Indemnification agreement required.

No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Municipal Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Township of Bloomfield, its officers, agents and employees from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of such outdoor sidewalk cafe.

§ 184-5. Maintenance agreement required.

A. No outdoor sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Municipal Clerk a maintenance agreement pursuant to which the licensee shall agree, at the option of the township, to either repair at its sole cost and expense any damage caused to the sidewalk by the operation of the cafe or to reimburse the township in full for all costs and expenses incurred by it in making any such repairs.

B. The Municipal Clerk may require a bond to be filed by the licensee in an amount to be fixed by the township.

§ 184-6. License fee.

The fee for an outdoor sidewalk cafe license shall be one hundred dollars ($100.) per season.

§ 184-7. Term of license; renewals.

All outdoor sidewalk cafe licenses shall be issued for the six-month period commencing May 1 and ending October 31 of the particular year. Licenses may be renewed annually by the filing of an application in accordance with the provisions of this chapter.

§ 184-8. Rules, regulations and specifications.

An outdoor sidewalk cafe authorized and operating pursuant to this chapter shall comply with all of the following rules and regulations and such others as may be adopted from time to time by resolution of the Township Council of the Township of Bloomfield:

A. The cafe shall be operated and maintained in accordance with the layout plan as finally approved.

B. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.

C. No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor sidewalk cafe shall be located in such a way that less than four (4) feet of paved sidewalk remains for the exclusive use of pedestrians (the "required pedestrian passageway"), nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required pedestrian passageway.

D. Service in the outdoor sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only.

E. The sidewalk area utilized for the cafe shall be kept clean and free of litter. Trash receptacles shall be provided as required and approved from time to time by the township.

F. Noise shall be kept at such a level as to comply in all respects with the provisions of the Code of the Township of Bloomfield.

G. Outdoor sidewalk cafes shall be permitted to operate only within the permitted zones and only from 7:00 a.m. until 11:00 p.m. during the months of May to October, inclusive.

H. Within thirty (30) minutes after the closing of the outdoor sidewalk cafe, the operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of such outdoor sidewalk cafe removed from the sidewalk. All such materials shall be stored in a safe and secure interior location.

I. The operator shall comply will all the requirements of N.J.A.C. 8:24-1 et seq. (also known as "Chapter XII of the New Jersey State Sanitary Code") and N.J.S.A. 24:15-1 et seq.

J. The outdoor sidewalk cafe shall be actually operated and maintained by the same person who operates and maintains the related restaurant of which the cafe is a part and an extension.

K. The operator shall comply with all other ordinances of the Township of Bloomfield.

§ 184-9. Alcoholic beverages.

A. The sidewalk area upon which a outdoor sidewalk cafe has been authorized to operate pursuant to this chapter shall constitute premises duly licensed for the sale and consumption of alcoholic beverages; provided, however, that the related restaurant of which the cafe is a part and of which it is an extension is so licensed; and provided further, however, that specific approval has been obtained from the Township of Bloomfield for the extension of the alcoholic beverage consumption license to the sidewalk area. Such approval shall be separate from, and must be obtained in addition to, the license to operate an outdoor sidewalk cafe pursuant to this chapter.

B. Patrons of an outdoor sidewalk cafe that does not have a liquor license to sell alcoholic beverages on the sidewalk area upon which the outdoor sidewalk cafe has been authorized to operate pursuant to this chapter shall not be permitted to carry onto or consume any alcoholic beverages on such sidewalk area.

§ 184-10. Notice of violation; failure to comply.

A. Upon a determination by an officer or employee of the Township of Bloomfield charged with the responsibility for enforcing the provisions of this chapter that a licensee has violated one (1) or more of such provisions, such officer or employee shall give written notice to the licensee to correct such violation within twenty-four (24) hours of the receipt of such notice by the licensee. In the event that the licensee fails or refuses to correct such violation within such period, the licensee's outdoor sidewalk cafe license shall thereupon and automatically be revoked.

B. Upon the revocation of such license, the licensee, upon written request, shall be entitled to a hearing before the Township Council of the Township of Bloomfield within fourteen (14) days of the date of its request.

§ 184-11. Violations and penalties.

Any person convicted of a violation of any of the provisions of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.) or ninety (90) days' imprisonment, or both. Each violation of a section or subsection of this chapter, and each day that a violation continued, shall constitute a separate offense.

§ 184-12. Severability.

If any provision of this chapter is for any reason determined to be unlawful or otherwise invalid by any court of competent jurisdiction, such determination shall not affect the validity of the remaining provisions of this chapter, all of which shall remain in full force and effect.

§ 184-13. Repealer.

All ordinances or part of ordinances inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.

§ 184-14. When effective.

This chapter shall take effect ten (10) days after the first publication thereof after final adoption.

Chapter 185, PARKING FOR HANDICAPPED

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 10-17-1977 as part of Ch. 17 of the 1962 Code; amended through 10-20-1986. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Parking Violations Officer -- See Ch. 46.

Off-street parking -- See Ch. 187.

Vehicles and traffic -- See Ch. 254.

§ 185-1. Statutory authorization.

Designation of parking spaces for physically limited drivers in the areas described in § 185-4 of this chapter is hereby made in accordance with N.J.S.A. 39:4-197.5.

§ 185-2. Restricted parking.

No person shall park a vehicle in any of the parking spaces designated in § 185-4 of this chapter unless said person is a physically limited driver and has been issued a special vehicle identification card by the Division of Motor Vehicles of the State of New Jersey.

§ 185-3. Towing of vehicles.

All violators' vehicles will be towed at the violators' expense.

§ 185-4. Enumeration of restricted parking areas.

No person shall park in any of the following described areas unless said person is in compliance with this chapter:

A. On-street areas.

Name of Street/

Number Side Location

Alva Street North From a point 48 feet west of the

No. 23 [Added extension of Edison Street west for

6-20-1988] 25 feet

Ampere Parkway East From a point 140 feet north of

[Added 6-16-1992] Beardsley Avenue north for 22 feet

Ampere Parkway East From a point 236 feet north of

[Added 10-4-1993] Chester Avenue north for 22 feet

Ampere Parkway West From a point 100 feet north of

[Added 10-4-1993] Beardsley Avenue north for 22 feet

Ashland Avenue East From a point 158 feet north of

No. 179 Linden Avenue north for 25 feet

Baldwin Street No. South From a point 180 feet east of East

139 [Added 9-8- Passaic Avenue east for 25 feet

1987]

Barbara Street North From a point 56 feet east of the

[Added 12-4-1989] easterly curbline of Broughton

Avenue east for 25 feet

Barbara Street South From a point 141 feet west of

No. 42 Pleasant Avenue west for 25 feet

[Added 5-2-1988]

Barnett Street East Starting at a point 250 feet north

[Added 9-16-1996] of the eastern curbline of

West Passaic Avenue and running

22 feet north therefrom

Bay Avenue [Added North From a point 182 feet west of the

12-4-1989] western curbline of Hoover Avenue

west for 22 feet

Bay Avenue North Starting at a point 96 feet

No. 7 west of the northerly curbline

[Added 12-7-1998] of Hoover Avenue and running

20 feet west therefrom

Beardsley Avenue North Beginning at a point 262 feet

[Added 3-24-1992] west of the westerly curbline of

Ampere Parkway and running

22 feet westerly therefrom

Beardsley Avenue North Beginning at a point 300 feet

[Added 4-18-1994] east of the easterly curbline of

Hoffman Boulevard and running

22 feet north therefrom

Beardsley Avenue No. 425 [Repealed 2-16-1988]

Beardsley Avenue No. 505 [Repealed 5-1-1989]

Beardsley Avenue South Beginning at a point 327

No. 524 [Added feet east of the southern

2-19-1991] curbline of Hoffman

Boulevard running 22 feet

east therefrom

Beardsley Avenue South From a point 217 feet east of

No. 472 LaFrance Avenue east for 22

[Added 5-1-1989] feet

Beekman Street North Starting at a point 74 feet

[Added 6-16-1997] west of the westerly curbline

of North Spring Street and

running 21 feet west therefrom

Benson Street South Starting at a point 270 feet

[Added 8-5-1996] west of the westerly curbline

of Broad Street and running

21 feet west therefrom

Berkeley Avenue South Starting aat a point 135 feet

[Added 12-15-1997] west of the westerly curbline

of Halcyon Place and running

20 feet west therefrom

Berkeley Place East From a point 193 feet south

No. 37 of Lombard Street south for

25 feet

Birch Street South From a point 186 feet east

No. 80 [Added of Broughton Avenue east for

4-6-1987] 22 feet

Bloomfield Avenue North From a point 47 feet west of

[Added 10-4-1993] Broad Street west for 22 feet

Bloomfield Avenue North Starting at a point 34 feet

[Added 4-17-1995] east of the easterly curbline of

Columbus Street and running 20

feet east therefrom

Bloomfield Avenue North From a point 302 feet east

No. 207 [Added of Watsessing Avenue east

9-21-1987] for 25 feet

Bloomfield Avenue South Starting at a point 160 feet

[Added 8-5-1996] east of the eastern curbline of

Orange Street and running 21

feet east therefrom

Broad Street North Starting at a point 50 feet

[Added 2-2-1998] west of the westerly curbline

of Broad Street and running 20

feet west therefrom

Broughton Avenue East From a point 56 feet south

No. 384 of Hobson Street south for

25 feet

Broughton Avenue West Starting at a point 41 feet

No. 374 north of the northern curbline

[Added 4-20-1998] of Dewey Street and running 18

feet north therefrom

Cedar Street North From a point 75 feet east of

No. 17 [Added Berkeley Avenue east for 25

8-8-1988] feet

Cedar Street South From a point 94 feet west of

No. 24 [Added Weaver Avenue west for 25

5-16-1988] feet

Chapman Street East Beginning at a point 51 feet

No. 2 [Added south of the southerly

5-1-1989] curbline of Bay Avenue and

running thence 22 feet

southerly

Chester Avenue South From a point 33 feet east of

Grove Street east for 25 feet

Chester Avenue South Starting at a point 25 feet

[Added 4-18-1994] west of the southern curbline

of Grove Street and running

22 feet north therefrom

Clinton Street West From a point 235 feet north

No. 72 [Added of Linden Avenue north for

4-6-1987] 25 feet

Clinton Street West From a point 255 feet north

No. 74 [Added of Linden Avenue north for

9-19-1988] 22 feet

Crown Street North Starting at a point 88 feet

[Added 4-18-1994] east of the easterly curbline

of Lake Street and running

19 feet east therefrom

Crown Street South Starting at a point 64 feet

No. 17 [Added east of the southern

10-2-1990] curbline of Lake Street,

running 22 feet east

therefrom

Curtis Street East Starting at a point 281 feet

[Added 12-4-1995] north of the northern

curbline of Baldwin Street

and running 19 feet north

therefrom

Curtis Street West Starting at a point 284 feet

[Added 2-2-1998] south of the northern curbline

of Valentine Road and running 20

feet south therefrom

Davey Street East Beginning at a point 144

[Added 2-4-1992] feet north of the northern

curbline of Belleville

Avenue and running 22 feet

northerly therefrom

Davey Street East Beginning at a point 80 feet

No. 235 [Added south of the southerly

4-3-1990] curbline of Donald Street,

running 22 feet southerly

therefrom

Davey Street East Beginning at a point 92 feet

No. 117 [Added south of the easterly

11-6-1991] curbline of Patton Drive,

running 22 feet south

therefrom

Davey Street East From a point 50 feet from

No. 123 [Added Patton Drive north for 22

9-18-1989] feet

Davey Street West Beginning at a point 419

No. 122-D [Added feet north of the western

2-19-1991] curbline of Belleville

Avenue, running 22 feet

north therefrom

Davey Street West Starting at a point 430

[Added 4-17-1995] feet north of the northern

curbline of Belleville

Avenue and running 19 feet

north therefrom

Davey Street West Starting at a point 167 feet

[Added 2-1-1993] north of the northern

curbline of Patton Drive and

running 22 feet north

therefrom

Davey Street West Starting at a point 114 feet

[Added 9-15-1992] north of the northern

curbline of Victor Place

and running 22 feet north

therefrom

Davey Street West From a point 147 feet south

No. 178 of Victor Place south for 25

feet

Davey Street West From a point 196 feet south

No. 174 of Victor Place south for 25

feet

Dewey Street North Beginning at a point 81 feet

No. 81 [Added west of the westerly

4-3-1990] curbline of Broughton

Avenue, running 22 feet

westerly therefrom

Dewey Street South Starting at a point 400 feet

[Added 8-5-1996] west of the westerly curbline

of Broughton Avenue running

21 feet west therefrom

Donald Street West Starting at a point 436 feet

[Added 2-2-1998] south of the northern curbline

of Davey Street and running 20

feet south therefrom

East Passaic Avenue East Starting at a point 108 feet

[Added 2-3-1997] south of the eastern curbline

of Marcy Street and running

21 feet south therefrom

Edison Street East Starting at a point 90 feet

[Added 12-4-1995] north of the northerly

curbline of Bloomfield Avenue

and running 21 feet north

therefrom

Edison Street West From a point 85 feet south

No. 40 [Added of Alva Street south for 25

6-20-1988] feet

Edison Street West Starting at a point 320 feet

[Added 8-5-1996] north of the northern

curbline of Bloomfield Avenue

and running 21 feet east

therefrom

Ella Street [Added 6-15-1987; repealed 9-8-1987]

Ella Street East From a point 153 feet north

No. 41 of Cross Street north for 22

feet

Ella Street North Beginning at a point 85 feet

No. 61 [Added east of the northern

2-19-1991] curbline of Delaware Avenue,

running 22 feet east

therefrom

Ella Street West From a point 200 feet north

No. 46 [Added of Cross Street north for 25

9-8-1987] feet

Elmwood Avenue North Starting at a point 211 feet

[Added 4-22-1997] west of the westerly curbline

of Grove Street and running

20 feet west therefrom

Elmwood Avenue North Beginning at a point 91 feet

No. 27 [Added easterly of LaFrance Avenue

5-1-1989] and running thence 22 feet

easterly

Elmwood Avenue South Starting at a point 121 feet

[Added 10-24-1994] east of the easterly curb-

line of LaFrance Avenue and

running 20 feet therefrom

Elston Street South Beginning at a point 310

No. 26 [Added feet east of the southern

11-6-1991] curbline of Broughton

Avenue, running 22 feet east

therefrom

Farrand Avenue West Starting at a point 110 feet

[Added 10-24-1994] north of the northerly curbline

of Parkway West and running

20 feet north therefrom

Floyd Avenue North From a point 36 feet west of

[Added 12-4-1989] the western curbline of

Grove Street west for 22 feet

Floyd Avenue South From a point 224 feet east

No. 2 of Grove Street east for 24

feet

Floyd Avenue No. 80 [Added 2-2-1987; repealed 12-4-1989]

Floyd Avenue No. 81 [Repealed 5-1-1989]

Franklin Street South Starting at a point 189 feet

[Added 2-1-1993] east of the easterly

curbline of Berkeley Avenue

and running 22 feet therefrom

Franklin Street South From a point 64 feet west of

Hill Street west for 22 feet

Franklin Street South Starting at a point 184 feet

[Added 4-22-1997] west of the westerly curbline

of Lexington Avenue and running

20 feet west therefrom

Gillespie Road South Starting at a point 163 feet

[Added 12-15-1997] east of the easterly curbline

of North Spring Street and

running 20 feet east therefrom

Grove Street East From 90 feet north of

[Added 6-16-1992] Beardsley Avenue north for

22 feet

Grove Street East Starting at a point 122 feet

[Added 4-17-1995] north of the northern curbline

of Beardsley Avenue and

running 21 feet north therefrom

Grove Street East Starting at a point 25 feet

[Added 4-18-1994] south of the southerly curbline

of Beardsley Avenue and

running 20 feet south therefrom

Grove Street East From a point 97 feet south

No. 27 [Added of Waldo Avenue south for 25

5-16-1988] feet

Hill Street East From a point 33 feet south

[Added 2-2-1987] of Bloomfield Avenue south

for 22 feet

Hill Street East Starting at a point 175 feet

[Added 8-5-1996] south of the southern

curbline of Bloomfield Avenue

running 21 feet south

therefrom

Hobson Street North Beginning at a point 288

[Added 2-4-1992] feet west of the westerly

curbline of Broughton Avenue

and running 22 feet westerly

therefrom

Hoover Avenue North Starting at a point 336 feet

[Added 8-5-1996] east of the eastern curbline

of Cook Road and running 22

feet east therefrom

Hoover Avenue South Starting at a point 160 feet

[Added 2-3-1997] west of the western curbline

of Ridge Avenue and running

20 feet west therefrom

Hoover Avenue West Starting at a point 81 feet

[Added 10-24-1994] north of the northern

curbline of Bay Avenue and

running 19 feet north

therefrom

Hoover Avenue West Beginning at a point 278

No. 355 [Added feet north of the northerly

5-1-1989] curbline of Chapman Street

and running thence 22 feet

northerly

Hoover Avenue West From a point 157 feet north

No. 363 [Added of Chapman Street north for

10-3-1988] 22 feet

Irving Terrace West Starting at a point 153 feet

No. 28 south of the western curbline

[Added 12-7-1998] of Marcy Street and running

20 feet south therefrom

James Street North From a point 51 feet east of

No. 42 [Added East Passaic Avenue east for

6-20-1988] 22 feet

Jefferson Avenue North Starting at a point 222 feet

[Added 10-24-1994] west of the northern curbline

of Grove Street and running

22 feet north therefrom

Jerome Place North Beginning at a point 431

No. 177 [Added feet east of the northern

12-18-1990] curbline of Walnut Street,

running 22 feet therefrom

Jerome Place South Beginning at a point 74 feet

No. 206 [Added east of the southern

2-19-1991] curbline of Walnut Street,

running 22 feet east

therefrom

John Street East Beginning at a point 33 feet

[Added 2-4-1992] north of the northern

curbline of Montgomery

Street running 22 feet

northerly therefrom

John F. Kennedy East From a point 25 feet north

Drive North of Hinrichs Place north for

25 feet

Ketner Street South From a point 160 feet east

No. 15 [Added of Broughton Avenue east for

9-21-1987] 25 feet

Ketner Street South Starting at a point 162 feet

[Added 12-4-1995] east of the eastern curbline

of Broughton Avenue and

running 22 feet west

therefrom

LaFrance Avenue West From a point 454 feet south

No. 39 of Bloomfield Avenue south

for 25 feet

Lake Street East From a point 353 feet south

No. 29 of Crown Street south for 25

feet

Lake Street East From a point 309 feet south

No. 33 [Added of Crown Street south for 22

10-3-1988] feet

Lakewood Drive East From a point 256 feet north

No. 243 of Lakewood Terrace north

for 25 feet

Lakewood Terrace East From a point 110 feet south

No. 23 of Brook Place south for 24

feet

Lakewood Terrace West Starting at a point 11 feet

[Added 4-18-1994] north of the northerly curbline

of Brook Place and running

23 feet north therefrom

Laurel Avenue East Beginning at a point 269

No. 71 [Added feet south of the southern

12-18-1990] curbline of Carteret Street,

running 22 feet therefrom

Lawrence Street South Starting at a point 324 feet

[Added 9-15-1992] east of the easterly

curbline of Dodd Street and

running 22 feet east

therefrom

Lexington Avenue East Starting at a point 27 feet

[Added 11-17-1997] south of the southerly curbline

of Florence Avenue and running

21 feet south therefrom

Lexington Avenue East Starting at a point 176 feet

[Added 11-3-1997] south of the southern curbline

of Florence Avenue and running

21 feet south therefrom

Lexington Avenue East Starting at a point 169 feet

[Added 10-24-1994] north of the northern curbline

of Fontaine Avenue and running

22 feet north therefrom

Lexington Avenue East Beginning at a point 225

No. 137 [Added feet south of the eastern

11-6-1991] curbline of Franklin Street,

running 22 feet therefrom

Llewellyn Avenue South From a point 40 feet west of

No. 44 [Added Cleveland Terrace west for

11-21-1988] 22 feet

Llewellyn Avenue North Starting at a point 800 feet

No. 64 west of the northerly curbline

[Added 12-7-1998] of Glenwood Avenue and running

20 feet west therefrom

Maolis Avenue North Beginning at a point 118

No. 55 [Added feet west of the westerly

5-1-1989; amended curbline of Clinton Street,

11-6-1991] running 22 feet west

therefrom

Maolis Avenue South Starting at a point 167 feet

[Added 2-1-1993] west of the westerly

curbline of Glenwood Avenue

and running 22 feet west

therefrom

Maolis Avenue South Starting at a point 160 feet

[Added 8-5-1996] west of the western

curbline of Glenwood Avenue

and running 19 feet west

therefrom

Martin Street South From a point 224 feet east

[Added 10-4-1993] of Pleasant Avenue east for

22 feet

Martin Street South From a point 302 feet west

of Pleasant Avenue west for

25 feet

Myrtle Street North From a point 115 feet east

No. 27 [Added of John F. Kennedy Drive (N)

12-4-1989] east for 22 feet

Myrtle Street No. 96 [Repealed 5-16-1988]

New Street South Starting at a point 305 feet

No. 26 west of the southerly curbline

[Added 12-7-1998] of Spruce Street and running

21 feet west therefrom

New Street [Added North Beginning at a point 505

3-24-1992] feet west of the westerly

curbline of Spruce Street

and running 22 feet westerly

therefrom

North Fifteenth West From a point 95 feet north

Street [Added of Abington Avenue north for

6-15-1987] 24 feet

North Fifteenth West Starting at a point 300 feet

Street [Added south of the southern

10-7-1996] curbline of Arlington

Avenue and running 22

feet south therefrom

North Fifteenth West Starting at a point 336 feet

Street [Added south of the southerly

2-1-1993] curbline of Abington Avenue

and running 22 feet south

therefrom

North Fifteenth West From a point 255 feet south

Street No. 197 of Beardsley Avenue south

[Added 5-16-1988] for 22 feet

North Fifteenth West Starting at a point 25 feet

Street [Added south of the northern

12-4-1995] curbline of Chester Avenue

and running 20 feet north

therefrom

North Fifteenth West From a point 125 feet south

Street No. 103 of First Avenue south for 25

feet

North Seventeenth East From a point 247 feet north

Street No. 136 of First Avenue north for 22

[Added 12-15-1986] feet

North Seventeenth West Starting at a point 118 feet

Street [Added south of the southerly curbline

8-5-1996] of Bloomfield Avenue and

running 20 feet south therefrom

North Seventeenth West From a point 163 feet south

Street No. 283 of Bloomfield Avenue south

[Added 6-1-1987] for 25 feet

North Seventeenth West Starting at a point 108 feet

Street [Added north of the northern curbline

10-24-1994] of Chester Avenue and running

20 feet north therefrom

North Seventeenth West Starting at a point 56 feet

Street [Added south of the southern curbline

12-15-1997] of Chester Avenue and running

20 feet south therefrom

North Seventeenth West Starting at a point 112 feet

Street [Added south of the southern curbline

11-3-1997] of Chester Avenue and running

21 feet south therefrom

North Seventeenth West Starting at a point 266 feet

Street [Added south of the southern curbline

4-17-1995] of Chester Avenue and running

22 feet south therefrom

North Seventeenth West Starting at a point 25 feet

Street [Added south of the southerly curbline

10-24-1994] of First Avenue and running 20

feet south therefrom

North Seventeenth Street No. 195 [Added 3-16-1987; repealed

8-8-1988]

North Seventeenth Street No. 285 [Repealed 9-6-1988]

North Sixteenth East From a point 89 feet south

Street No. 168 of Abington Avenue south for

22 feet

North Sixteenth West From a point 153 feet north

Street No. 191 of Abington Avenue north for

25 feet

North Sixteenth West From a point 289 feet south

Street [Added of Abington Avenue south for

6-15-1987] 23 feet

North Sixteenth West From a point 189 feet north

Street No. 231 of Beardsley Avenue north

[Added 11-7-1988] for 22 feet

North Sixteenth West Starting at a point 161 feet

Street [Added north of the northerly curbline

4-18-1994] of Beardsley Avenue and

running 19 feet north

therefrom

North Sixteenth West From a point 271 feet south

Street No. 201 of Beardsley Avenue south

for 20 feet

North Sixteenth West Beginning at a point 129

Street No. 243 feet south of the southern

[Added 4-3-1990] curbline of Chester Avenue

running 22 feet south

therefrom

North Thirteenth West From a point 307 feet south

Street No. 87 of First Avenue south for 23

[Added 9-8-1987] feet

Oakland Avenue No. 39 [Repealed 6-1-1987]

Oakland Avenue East From a point 174 feet south

No. 39 of Fremont Street south for

22 feet

Olive Street North From a point 495 feet west

No. 40 [Added of Hinrichs Place west for

9-6-1988] 25 feet

Olive Street North Starting at a point 473 feet

[Added 2-1-1993] west of the westerly

curbline of John F. Kennedy

Drive South and running 22

feet west therefrom

Orange Street East From a point 134 feet from

No. 117 [Added the southerly curbline of

12-4-1989] Orange Place south for 22

feet

Orchard Street West Starting at a point 208

[Added 4-17-1995] feet north of the northern

curbline of Montgomery

Street and running 22 feet

north therefrom

Park Avenue West Starting at a point 65 feet

No. 6 south of the westerly curbline

[Added 12-7-1998] of Park Avenue and running

18 feet west therefrom

Patton Drive East From a point 34 feet north

No. 35D of Belleville Avenue north

for 25 feet

Patton Drive North Beginning at a point 300

No. 37C [Added feet east of the easterly

11-6-1991] curbline of Davey Street,

running 22 feet east

therefrom

Patton Drive West Beginning at a point 304

[Added 2-4-1992] feet north of the northern

curbline of Belleville

Avenue and running 22 feet

northerly therefrom

Patton Drive West From a point 220 feet north

No. 8 of Belleville Avenue north

for 22 feet

Pitt Street North Starting at a point 403 feet

No. 29 west of the northerly curbline

[Added 12-7-1998] of Broad Street and running

20 feet west therefrom

Pitt Street North Starting at a point 438 feet

[Added 8-5-1996] west of the western curbline

of Broad Street and running

20 feet west therefrom

Prospect Street West Beginning at a point 188

No. 56 [Added feet south of the southerly

11-6-1991] curbline of Carteret Street,

running 22 feet south

therefrom

Race Street South Starting at a point 178

[Added 4-17-1995] feet east of the easterly

curbline of John F. Kennedy

Drive North and running 21

feet east therefrom

Rena Lane No. 3 East Beginning at a point 260

[Added 11-6-1991] feet east of the northern

curbline of Walnut Street,

running 22 feet east

therefrom

Ridge Avenue East Starting at a point 183 feet

No. 177 south of the eastern curbline

[Added 12-7-1998] of Hoover Avenue and running

20 feet south therefrom

Rowe Street East Starting at a point 188 feet

[Added 12-4-1995] south of the southern

curbline of Rowe Place and

running 19 feet south

therefrom

Royalton Place East Starting at a point 36 feet

No. 5 north of the eastern curbline

[Added 12-7-1998] of Ampere Parkway and running

17 feet north therefrom

Royalton Place North Starting at a point 83 feet

[Added 10-24-1994] west of the westerly curbline

of Ampere Parkway and running

19 feet west therefrom

Sandra Lane West From a point 72 feet north

No. 15 [Added of Daka Court north for 22

9-19-1988] feet

Seely Terrace South Starting at a point 25 feet

[Added 10-24-1994] west of the westerly curb-

line of East Passaic Avenue

and running 25 feet west

therefrom

Sherman Court West From a point 120 feet south

No. 1A [Added of Bloomfield Avenue south

2-1-1988] for 22 feet

Sherman Court West From a point 154 feet south

No. 1 of Bloomfield Avenue south

for 25 feet

Sherman Court West Starting at a point 200 feet

[Added 9-16-1996] south of the southern

curbline of Bloomfield

Avenue and running 20 feet

south therefrom

Smith Street East Beginning at a point 177

[Added 2-4-1992] feet north of the northern

curbline of East Liberty

Street and running 22 feet

northerly therefrom

Smith Street West Beginning at a point 142

No. 24 [Added feet south of the western

11-6-1991] curbline of Hazlewood Road,

running 22 feet south

therefrom

Spring Street West From a point 84 feet south

No. 65 of Division Street south for

22 feet

Spruce Street East Starting at a point 245 feet

[Added 4-18-1994] north of the northern curbline

of Liberty Street and running

21 feet north therefrom

Spruce Street East From a point 43 feet south of

[Added 6-16-1992] Maple Street south for 22

feet

Thomas Street East From a point 43 feet north of

[Added 6-16-1992] Linden Avenue north for 22 feet

Thomas Street East Beginning at a point 125

No. 163 [Added feet south of the easterly

11-6-1991] curbline of Washington

Street, running 20 feet

south therefrom

Thomas Street West Starting at a point 145 feet

[Added 9-15-1992] south of the southerly

curbline of Linden Avenue

and running 22 feet south

therefrom

Van Winkle Street North From a point 92 feet from

No. 1 [Added Davey Street east for 22 feet

9-18-1989]

Van Winkle Street North Starting at a point 293 feet

No. 28A south of the northerly curb-

[Added 12-7-1998] line of Davey Street and

running 20 feet south there-

from

Van Winkle Street South Starting at a point 144 feet

[Added 2-1-1993] east of the easterly

curbline of Davey Street and

running 22 feet east

therefrom

Van Winkle Street South From a point 370 feet east

of Davey Street east for 25

feet

Waldo Avenue [Repealed 1-4-1988]

Waldo Avenue North Starting at a point 155 feet

[Added 4-18-1994] west of the westerly curbline

of Grove Street and running

19 feet west therefrom

Walnut Street West From a point 89 feet north

No. 158 [Added of Liberty Street north for

5-2-1988] 25 feet

Walnut Street West Starting at a point 206 feet

No. 54 south of the westerly curbline

[Added 6-15-1998] of Montgomery Street and

running 19 feet south

therefrom

Walnut Street West Starting at a point 243 feet

[Added 2-3-1997] north of the northern curbline

of Montgomery Street and running

20 feet north therefrom

Walnut Street West Starting at a point 683 feet

[Added 9-16-1996] south of the southern

curbline of Montgomery Street

and running 20 feet south

therefrom

Walnut Street West From a point 56 feet north

No. 20 [Added of the prolongation of Pine

12-19-1988] Street north for 22 feet

Walnut Terrace North Starting at a point 115 feet

No. 11 [Added east of the western curbline

10-2-1990] of Walnut Street running 22

feet east therefrom

Warren Street South Starting at 105 feet west of

[Added 9-15-1992] the western curbline of

Broad Street and running 22

feet west therefrom

Warwick Street East From a point 131 feet south

No. 110 of Abington Avenue south for

22 feet

Warwick Street West Starting at a point 160 feet

[Added 8-5-1996] south of the southerly

curbline of Abington Avenue

and running 21 feet south

therefrom

Washington Place East Starting at a point 177 feet

[Added 4-17-1995] north of the northern curb-

line of Washington Street

and running 15 feet north

therefrom

Weaver Avenue East Starting at a point 372 feet

[Added 9-15-1992] north of the northern

curbline of Newark Avenue

and running 22 feet north

therefrom

Weaver Avenue West Starting at a point 265 feet

[Added 4-22-1997] north of the westerly curbline

of Ceadar Street and running

21 feet north therefrom

Whitman Street North From a point 39 feet west of

No. 3 Merkel Drive west for 22 feet

Willard Avenue East From a point 86 feet south

No. 163 [Added of Franklin Street south for

2-1-1988] 22 feet

Williamson Avenue East From a point 284 feet south of

[Added 9-18-1989; the southerly curbline of

amended 11-17-1997] Liberty Street south for 21

feet

Willow Street North Staring at a point 163 feet

[Added 12-4-1995] west of the westerly curbline

of Prospect Street and

running 22 feet west

therefrom

Willow Street North From a point 194 feet east of

No. 123 [Added Prospect Street east for 25

9-8-1987] feet

Willow Street South From a point 109 feet east of

No. 168 Glenwood Avenue east for 25

[Added 3-21-1988] feet

Yantecaw Avenue North Starting at a point 117 feet

[Added 4-17-1995] west of the westerly curbline

of Broad Street and running

20 feet west therefrom

B. Off-street areas.

Number

Name of Lot of Areas Location

Municipal Lot No. 1 2 From the northwest corner of

(Bloomfield Avenue) the lot east for 25.5 feet

Municipal Lot No. 1 2 In the area behind the Law

(Bloomfield Avenue) Enforcement Building

[Added 4-17-1995]

Municipal Lot No. 2 2 From the northeast exit

(Washington Street) driveway east for 27 feet

Municipal Lot No. 3 2 From the southeast corner of

(Conger Street) the lot north for 25.5 feet

Municipal Lot No. 4 2 From the southeast corner of

(Burroughs Place) the lot west for 27 feet

Municipal Lot No. 5 2 From the southeast corner of

(Farrand Street) the lot north for 27 feet

Municipal Lot No. 6 2 From the southeast corner of

(State Street) the lot west for 27 feet

Municipal Lot No. 7 2 From the northwest corner of

(Baldwin Street and the lot south for 27 feet

Pitt Street)

Municipal Lot No. 8 2 From the southwest corner of

(Myrtle Street) the lot east for 27 feet

Municipal Lot No. 9 1 At the northwest corner of the

(Lackawanna Place) lot adjacent to Lackawanna

Place

Municipal Lot No. 9 1 At the northwest corner of the

(Lackawanna Place) lot adjacent to the island with

the light-control cabinet

Chapter 187, PARKING, OFF-STREET EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 6-5-1972 as Ch. 17, Art. V, Div. 1, of the 1962 Code; Art. II, 12-15-1969 as Ch. 17, Art. V, Div. 2, of the 1962 Code, amended in its entirety 12-18-1972; Art. IV, 11-19-1962 as Sec. 17-40 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. III, 2-16-1988. Section 187-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Parking Violations Officer -- See Ch. 46.

Sale of motor vehicles parked in open-air lots -- See Ch. 177, Art. I.

Parking for handicapped persons -- See Ch. 185.

Abandoned vehicles -- See Ch. 252.

Vehicles and traffic -- See Ch. 254.

Zoning -- See Ch. 271.

Park rules and regulations -- See Ch. A361.

ARTICLE I, General Provisions [Adopted 6-5-1972 as Ch. 17, Art. V, Div. 1, of the 1962 Code]

§ 187-1. Applicability.

Pursuant to the authority contained in N.J.S.A. 40:48-2.46 and 39:4-197(1)h, vehicular traffic and the parking of vehicles in parking yards and parking places which are open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise, shall be regulated in the manner specified by this chapter.

§ 187-2. Parking prohibited in certain areas.

No vehicle shall be parked at any time:

A. In or on the lane beginning at the driveway, twenty-one (21) feet in width, located between the westerly side line of Lot 16 in Block No. 153 on Tax Map 8 and the easterly side line of Lot 14, Block 153, on Tax Map 8, at a distance of 149.56 feet southerly from Washington Street and terminating at the extension of the southerly lot line of Lot 25 in Block 153 on Tax Map 8 of the Township Tax Maps. Such lane is also known as Lot 15 in Block 153 on Tax Map 8 of the Township Tax Maps.

B. In or on the lanes shown on a drawing entitled "New Shopping Center Bloomfield Plaza, Bloomfield, N. J.," made by Neil S. Greydanus, dated November 9, 1977, updated to December 15, 1977, and attached hereto. The lanes shown on said drawing are on premises known as Lots 2 and 3 in Block 391 on the Tax Maps of the Township of Bloomfield in the County of Essex and State of New Jersey. [Added 2-1-1982]

C. In or on the lanes shown on a drawing entitled "Bloomfield Shopping Center, Belleville Avenue, Bloomfield, N.J.," made by James B. Gilligan, dated April 5, 1976, Drawing No. C-2 of 2, attached hereto. The lanes shown on said drawing are on premises known as Lots 16 and 18 in Block 603 on the Tax Maps of the Township of Bloomfield in the County of Essex and State of New Jersey. [Added 2-1-1982]

D. No unauthorized person shall park a vehicle and no unauthorized vehicle shall be parked in the following location at any time except for metered parking and except on holidays, Saturdays and Sundays: That certain parcel of land owned by the Town of Bloomfield bounded by Municipal Plaza, Franklin Street, Burroughs Place and Bloomfield Avenue, Bloomfield, New Jersey, being Lot 1 in Block 301 on Map 13 of the Tax Maps of the Town of Bloomfield, New Jersey; being the areas adjacent to and in the rear of the Municipal Building, Municipal Plaza, Bloomfield, New Jersey. The designated parking locations shall be reserved for town officials and employees only, and vehicles that are permitted to park shall be properly identified. [Added 8-13-1979]

ARTICLE II, Permit Parking [Adopted 12-15-1969 as Ch. 17, Art. V, Div. 2, of the 1962 Code; amended in its entirety 12-18-1972]

§ 187-3. Designation of permit parking areas and spaces. [Amended 7-19-1988]

A. The Township Administrator is hereby authorized to set aside and to designate, in the Farrand Street - Washington Street, North Center, Watsessing and Burroughs Place Parking Lots of the township, certain parking spaces as permit parking areas.

B. The Township Administrator, from time to time, shall set aside and designate, in the permit parking areas of the Farrand Street - Washington Street, North Center, Watsessing and Burroughs Place Parking Lots, such number of parking spaces as may be reasonably necessary to accommodate the needs of the public, with due regard for the requirements of the public for metered parking spaces, and he shall notify the Collector, in writing, of the number of parking spaces so set aside and designated for permit parking.

§ 187-4. Issuance of parking permits. [Amended 7-19-1988; 6-5-1991]

A. The Township Collector is hereby authorized to issue, to persons applying and qualifying therefor, a business placard permit, which shall entitle the holder thereof to park any passenger motor vehicle, not including a bus, in any available parking space within the permit parking area of the Farrand Street - Washington Street Parking Lot that has been set aside and designated for that purpose, between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday during the entire period for which the permit is issued.

B. The issuance of a parking permit/business placard permit shall not constitute a guaranty to the person to whom issued that a space will be available for parking of a motor vehicle.

§ 187-5. Qualifications for permits. [Amended 6-5-1991]

A parking permit/business placard permit shall be issued to any person who completes and files the required application and who pays the designated fee therefor.

§ 187-6. Term of permit. [Amended 6-5-1991]

A. Regular parking permits may be for a period of one (1) year, commencing on the first day of January and terminating on the 31st day of December, or permits may be issued quarterly for the three-month periods commencing January 1, April 1, July 1 and October 1 of each year and terminating the last day of the third succeeding month.

B. Business placard permits will be issued for a period of one (1) year, commencing on the first day of January and terminating on the 31st day of December.

§ 187-7. Form and display of permits. [Amended 6-5-1991]

A. All regular permits shall be in the form of decalcomania stickers. Every regular permit shall be affixed as a decalcomania to the motor vehicle for which issued upon the left rear side window, in such a manner and position as to be clearly visible from the exterior of the vehicle. Affixing such sticker by use of adhesive tape or any similar tape or device is prohibited.

B. All business placard permits shall be in the form of a hanger permit. Every business placard permit shall be hung on the inside rear view mirror in such a manner that the permit number is fixable from outside the vehicle.

§ 187-8. Fees.

A. [Amended 7-19-1988; 6-5-1991; 5-16-1994; 9-18-1995] The fees for the issuance of the aforesaid parking permits shall be as follows:

Annual Quarterly

Parking Lot Fee Fee

Ferrand Street - Washington $300.00 $ 75.00

Street Lot

Business placard 350.00 87.50

North Center Lot 200.00 50.00

Burroughs Place Lot 200.00 50.00

Watsessing Lot 75.00 20.00

B. The fee for any annual permit issued after January 1 of any year shall not be reduced or prorated.

C. In the case of quarterly permits issued after the beginning of the quarterly period, the fee shall be at the rate of one-third (1/3) of the quarterly permit fee for each full month or portion of a month remaining from the effective date of the permit, to and including the last day of the quarterly period.

§ 187-9. Transferability of permit; replacements. [Amended 5-16-1994]

A. Upon written application therefor and upon the payment of a fee of five dollars ($5.) to the Collector, any permit may be transferred from one vehicle to another vehicle owned by the same person at any time during the period for which the permit is issued for the balance of the permit period remaining unexpired.

B. Upon application therefor and upon the payment of a fee of five dollars ($5.) to the Collector, a replacement sticker may be issued to any person, provided that such replacement sticker shall cover only the balance of the period for which the original sticker was issued.

§ 187-10. (Reserved)EN

§ 187-11. Additional annual rental permit. [Amended 7-19-1988]

Upon a written application therefor and upon the payment of an additional fee of ten dollars ($10.), a person to whom an annual rental permit has been issued may obtain one (1) additional annual rental permit that will entitle him to park a second passenger motor vehicle in the Farrand Street - Washington Street, North Center, Watsessing or Burroughs Place Parking Lot of the township whenever such lot is not occupied by the first passenger motor vehicle for which the original annual rental permit has been issued.

§ 187-12. When permit is required. [Amended 7-19-1988]

A. During the hours between 8:00 a.m. and 6:00 p.m. of each day except Saturdays and Sundays, it shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked in the permit parking area in the Farrand Street - Washington Street, North Center, Watsessing and Burroughs Place Parking Lots without an appropriate permit therefor properly affixed to such motor vehicle as hereinabove set forth.

B. During the hours between 6:00 p.m. and 8:00 a.m. of each day, except Saturdays and Sundays, and all day on Saturdays and Sundays, it shall be lawful for any person to park a passenger motor vehicle, not including a bus in the permit parking area in the Farrand Street -- Washington Street, North Center, Watsessing and Burroughs Place Parking Lots without a permit or any other fee.

§ 187-13. Manner of parking. [Amended 7-19-1988]

Every motor vehicle parked in any parking space in the Farrand Street -- Washington Street, North Center, Watsessing and Burroughs Place Parking Lots shall be parked within the space marked upon the pavement for the parking of a single motor vehicle.

§ 187-14. Impoundment of illegally parked vehicles; redemption.

Any vehicle parked in violation of any of the provisions of this Article may be removed from a public parking lot by any person so authorized by the Police Chief of the township to a public garage or other place designated by the Police Chief for the storing of such vehicle, and such vehicle may be impounded and held at such public garage or other designated storage place until the owner thereof shall pay to the public garage owner the cost of the removal of such vehicle from the parking lot, plus a charge of two dollars ($2.) for each day or part thereof that such vehicle is impounded.

§ 187-15. Violations and penalties. [Amended 11-2-1987]

Any person violating any of the provisions of this Article shall, upon conviction thereof, be punished by a fine of not exceeding one thousand dollars ($1,000.) or by imprisonment in the county jail for a term of not exceeding ninety (90) days, or by both.

ARTICLE III, Residential Permit Parking [Adopted 2-16-1988]

§ 187-16. Permit parking on designated streets.

A. No vehicle shall be parked on the streets or parts of streets designated in the schedule attached hereto and made part of this Article during the hours and days designated in the schedule unless:

(1) The vehicle falls under one (1) of the exceptions to the law.

(2) The vehicle is owned or operated on a regular basis by a resident on that street and the vehicle has displayed on its left rear window in such a manner as to be closely examined by an officer a current residential parking permit. [Added 4-18-1988]

B. Exemptions. The following vehicles shall be exempt from this parking permit section:

(1) Visitors displaying a visitor parking permit, for a maximum of five (5) days.

(2) Contractors and service and delivery vehicles bearing the name and address of a commercial business may park without a permit during the time they are rendering service to a residence within the permit parking area.

C. Application for permits.

(1) Application for permits, either resident or visitor, under this Article shall be made in writing to the Police Department upon such forms as may be provided.

(2) An applicant for a parking permit shall provide satisfactory evidence of residence required for the issuance of a permit. Whenever such conditions no longer exist, any person holding such a permit shall surrender the same to the Police Department.

(3) It shall be unlawful for any person to represent he/she is entitled to a permit hereunder when he/she is not so entitled, to fail to surrender a permit to which he/she is no longer entitled or to park a vehicle displaying such a permit at any time when the holder of such a permit is not entitled to hold it.

(4) Permits issued hereunder shall be valid for as long as the conditions for the issuance of same still exist. [Amended 2-6-1989]

D. Penalty. Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars ($50.), A separate offense shall be deemed committed on each day during or on which a new violation occurs or continues.

E. [Amended 4-18-1988] Schedule. Parking by permit only in designated residential areas. In accordance with the provisions in § 187-16, parking by permit only in designated residential areas is effective on the following described streets or portions thereof, between the hours of 2:00 a.m. and 5:00 a.m.:

Name of Street Side Location

Ampere Parkway Both From East Orange line to

Beardsley Avenue

Abington Avenue Both From Newark line to East

Orange line

Baldwin Street North From Essex Avenue east to

[Added 1-18-1993] No. 53 Baldwin Street

Baldwin Street South From Essex Avenue east to

[Added 1-18-1993] No. 56 Baldwin Street

Beardsley Avenue Both From Newark line to Hoffman

Boulevard

Benson Street North From Essex Avenue east to

[Added 1-18-1993] No. 35 Benson Street

Benson Street South From Glen Ridge Township

[Added 1-18-1993] line east to No. 34 Benson

Street

Carteret Street North From Cleveland Terrace to

[Added 12-19-1988] Glen Ridge line

Cleveland Terrace Both From Carteret Street to

[Added 12-19-1988] East Orange line

Comley Place North From Essex Avenue east to

[Added 1-18-1993] No. 45 Comley Place

Comley Place South From Essex Avenue east to

[Added 1-18-1993] No. 44 Comley Place

Essex Avenue East From Bay Avenue south to

[Added 1-18-1993] Benson Street

First Avenue Both From Newark line to East

Orange line

Fulton Street Both From Carteret Street to

[Added 12-19-1988] East Orange line

Glenwood Avenue Both From East Orange line to

Willow Street

Hinrichs Place Both From Myrtle Street to John

F. Kennedy Drive South

Hoffman Boulevard Both From East Orange line to

Arlington Avenue

John F. Kennedy Both From East Orange line to

Drive South Willow Street

LaFrance Avenue Both From East Orange line to

Floyd Avenue

Laurel Avenue Both From Carteret Street to

[Added 12-19-1988] East Orange line

Lenox Terrace Both Entire length

[Added 12-19-1988]

Leslie Street Both From East Orange line to

Abington Avenue

Lewis Street Both From Belleville Town line

[Added 2-16-1993] west to Baldwin Place

Lincoln Street Both From Belleville Town line

[Added 2-16-1993] west to Baldwin Place

Morse Avenue Both From Carteret Street to

[Added 12-19-1988] East Orange line

Myrtle Street Both From Prospect Street to

John F. Kennedy Drive South

North Thirteenth West From No. 69 to No. 81

Street [Added

2-21-1989]

North Fifteenth Both From East Orange line to

Street Beardsley Avenue

North Sixteenth Both From East Orange line to

Street Beardsley Avenue

North Seventeenth Both From East Orange line to

Street Beardsley Avenue

Oakwood Avenue Both From Belleville Town line

[Added 2-16-1993] west to Baldwin Place

Olive Street Both From East Orange line to

John F. Kennedy Drive South

Osborne Street North From Essex Avenue east to

[Added 1-18-1993] Waverly Terrace

Osborne Street South From Essex Avenue east to

[Added 1-18-1993] No. 46 Osborne Street

Pitt Street North From Essex Avenue east to

[Added 1-18-1993] No. 49 Pitt Street

Pitt Street South From Essex Avenue east to

[Added 1-18-1993] No. 50 Pitt Street

Prospect Street Both From East Orange line to

Willow Street

Thornton Street Both From Prospect Street to

Westcott Street

Vernon Terrace North From Essex Avenue east to

[Added 1-18-1993] No. 35 Vernon Terrace

Vernon Terrace South From Essex Avenue east to

[Added 1-18-1993] No. 36 Vernon Terrace

Waldo Avenue Both From Ampere Parkway to

Hoffman Boulevard

Warren Street North From Essex Avenue east to

[Added 1-18-1993] No. 55 Warren Street

Warren Street South From Essex Avenue east to

[Added 1-18-1993] No. 58 Warren Street

Warwick Street Both From East Orange line to

Abington Avenue

Westcott Street Both From East Orange line to

Thornton Street

Willow Street Both From John F. Kennedy Drive

South to Glenwood Avenue

ARTICLE IV, Parking Lots [Adopted 11-19-1962 as Sec. 17-40 of the 1962 Code]

§ 187-17. Certain vehicles prohibited.

No person shall park any omnibus, commercial vehicle, tractor or trailer, as defined in N.J.S.A. 39:1-1, within or on any parking lot.

Chapter 190, PARKS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 20 of the 1962 Code. Sections 190-2, 1904 and 190-5 amended and § 190-9 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Rewards for curtailing and preventing malicious and willful damage

to property -- See Ch. 211, Art. I.

§ 190-1. Entering lawns and other cultivated grounds.

It shall be unlawful for any person to enter upon any portion of lawn or other cultivated ground in any park within the township when forbidden so to do by an official sign or other official notification.

§ 190-2. Obstructions and encumbrances.EN

No person shall encumber or obstruct any sidewalk or other areas of any park in the township with any article or thing whatsoever without having first obtained permission therefor from the Director of Inspections.

§ 190-3. Littering.

It shall be unlawful for any person to throw, deposit or leave any paper or waste material whatsoever in or upon any part of the surface of any park within the township or in or upon any park property or appurtenance therein except in the receptacles provided in such park for that purpose.

§ 190-4. Erecting booths, stands and other structures.EN

It shall be unlawful for any person to place or erect any booth, stand or other structure or to place any wagon or other vehicle, except such as may be propelled by hand and adapted for the carrying of children, invalids or dolls, on or in any park of the township without the written permission of the Director of Inspections.

§ 190-5. Sales and advertising restricted.EN

It shall be unlawful for any person to sell or offer for sale within any park of the township any goods, wares or merchandise whatsoever or to display or distribute any advertising device, circular or card in any such park without the written permission of the Director of Inspections.

§ 190-6. Treatment of wild animals and birds.

It shall be unlawful for any person to hunt, molest, injure, capture or in any way interfere with the freedom of any bird, being free and undomesticated, in any park in the township or to hunt, molest, injure, capture or in any way interfere with the freedom of any squirrel, fish or other animal, being the property of the township, in any such park.

§ 190-7. Defacing or damaging park property.

It shall be unlawful for any person to deface, damage or anywise insure any statuary, pedestal or other structure or park appurtenance whatsoever in a park in the township.

§ 190-8. Prohibited acts.

It shall be unlawful for any person to utter any profane, threatening or abusive language or loud outcry, perform any obscene or indecent act, commit any nuisance, solicit any contribution or subscription or play any game of chance in any park within the township or bring into such park any instrument of chance or gambling whatsoever.

§ 190-9. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

Chapter 192, PEACE AND GOOD ORDER EN

[HISTORY: Articles I through V adopted by the Council of the Town (now Township) of Bloomfield as indicated in article histories. Article VI et seq. adopted by the Township Council of the Township of Bloomfield as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Games of chance -- See Ch. 139.

ARTICLE I, Gambling [Adopted 11-19-1962 as Secs. 19-13 through 19-162 of the 1962 Code; amended in its entirety 11-2-1987]

§ 192-1. Statutory regulation.

Gambling, including betting on horse races, is regulated by N.J.S.A. 2C:37-1 et seq.

ARTICLE II, Lewdness [Adopted 11-19-1962 as Secs. 19-30 through 19-352 of the 1962 Code; amended in its entirety 11-2-1987]

§ 192-2. Renting rooms for certain purposes.

It shall be unlawful for any person, male or female, to rent, hire or use for the purpose of prostitution or lewdness any room in a hotel, rooming house, motel or like place operated within the township.

§ 192-3. Soliciting persons to enter rooms.

A. It shall be unlawful for any male person to solicit, entice or induce, directly or indirectly, expressly or impliedly, any female person to go to or be in any room in any hotel, rooming house, motel or like place within the township for the purpose of prostitution or lewdness.

B. It shall be unlawful for any female person to solicit, entice or induce, directly or indirectly, expressly or impliedly, any male person to go to or be in or use any room in any hotel, rooming house, motel or like place within the township for the purpose of prostitution or lewdness.

C. It shall be unlawful for any employee, agent or servant of any hotel, rooming house, motel or like place or for any other person to aid, abet, solicit or induce any male or female person to go to, be in or make engagements for the use of any room in any hotel, rooming house, motel or like place in the township for the purpose of prostitution or lewdness.

§ 192-4. Use of rooms.

It shall be unlawful for any woman or man to use any room or place in a boardinghouse, restaurant, hotel, rooming house, motel or like place in the township for purposes of prostitution.

§ 192-5. Soliciting by employees.

It shall be unlawful for any employee, bellboy, servant or other person connected with any boardinghouse, restaurant, hotel, rooming house, motel and like place in the township to bring any public prostitute or woman for purposes of prostitution into such places.

ARTICLE III, Drug-Free School Zones [Adopted 3-21-1988]

§ 192-6. Establishment; copies of map.

A. The Township of Bloomfield adopts as official and subject to judicial notice in all criminal prosecutions a schematic map of the entire municipality which includes a representation of all school property within a boundary of one thousand (1,000) feet around the same, entitled "Drug Free School Zones."

B. A copy of said map shall be forwarded to the office of the Essex County Prosecutor.

C. A copy of said map is on file with the Township Clerk and the Bloomfield Police Department.

D. The Township of Bloomfield adopts the provisions of the Attorney General's Statewide Action Plan for Narcotics Enforcement Directive 5.2: "(That) it shall be the responsibility of every law enforcement department, in conjunction with the County Prosecutor, to determine the outer boundaries of the property owned by the school and which are used for school purposes and to determine the perimeter of the school safety zone established by N.J.S.A. 2C:35-7, which extends one thousand (1,000) feet in all directions from the outer boundaries of school property."

ARTICLE IV, Obscene Materials [Adopted 6-20-1988]

§ 192-7. Definitions.

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

RETAILER -- Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under eighteen (18) years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.

§ 192-8. Display prohibited. [Amended 4-5-1993]

It shall be unlawful and a petty disorderly persons offense for a retailer to display or permit to be displayed at his/her business premises any obscene material or obscene film, as defined in N.J.S.A. 2C:34-3, at a height of less than five (5) feet and without a blinder or other covering placed or printed on the front of the material displayed.

§ 192-9. Display to constitute presumptive evidence.

Public display of the obscene material or obscene film shall constitute presumptive evidence that the retailer knowingly made or permitted the display.

§ 192-10. Violations and penalties.

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

ARTICLE V, Nudity [Adopted 7-6-1993]

§ 192-11. Definitions.

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

NUDITY -- The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipples; or the showing of the covered male genitals in a discernibly turgid state.

PUBLIC INDECENCY -- A person who knowingly or intentionally, in a public place, engages in sexual intercourse, engages in deviate sexual conduct, appears in a state of nudity or fondles the genitals of himself, herself or another person.

PUBLIC PLACE -- Any place where a member or members of the general public can be reasonably expected to observe a person or persons in a state of nudity. "Public place," in the context of this Article, shall not include any public lavatory or any lavatory, locker room, sauna or whirlpool at a public or private educational or recreational facility.

§ 192-12. Public indecency and nudity prohibited.

It shall be unlawful for any person to commit public indecency, as defined herein, or to appear or travel on any street, avenue, highway, road, sidewalk or any other public place located in the Township of Bloomfield in a state of nudity.

§ 192-13. Violations and penalties.

Any person convicted of violating the provisions of this Article shall be fined an amount not less than one hundred fifty dollars ($150.) and not to exceed five hundred dollars ($500.) or be imprisoned for a term not exceeding ninety (90) days, or both, at the discretion of the Municipal Court.

ARTICLE VI, Drug-Free Public Facilities Zones [Adopted 10-19-1998]

§ 192-14. Establishment; copies of map; statewide action plan.

A. The Township of Bloomfield adopts as official and subject to judicial notice in all criminal prosecutions a schematic map of the entire municipality which includes a representation of all public facilities with a 500 foot boundary around the same, entitled "Drug-Free Public Facilities Zones."

B. A copy of said map shall be forwarded to the office of the Essex County Prosecutor.

C. A copy of said map is on file with the Township Clerk and the Bloomfield Police Department.

D. The Township of Bloomfield adopts the provisions of the Attorney General's Statewide Action Plan for Narcotics Enforcement Directive 5.2:

(That) it shall be the responsibility of every law enforcement department, in conjunction with the prosecutor, to determine the outer boundaries of the property owned by the Township and which are used for Public Facilities purposes, and to determine the perimeter of the Public Facilities "safety zone" established by N.J.S.A. 2C:35-7, which extends 500 feet in all directions from the outer boundaries of said property.

Chapter 194, PEDDLING AND SOLICITING EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 15 of the 1962 Code; Art. II, 11-19-1962 as Ch. 14 of the 1962 Code; Art. III, 5-3-1971 as Ch. 18A of the 1962 Code. Sections 194-12, 194-15, 194-16, 194-17, 194-24, 194-25, 194-26 and 194-27 amended and § 194-20 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Licensed occupations -- See Ch. 173.

ARTICLE I, Canvassing From House to House [Adopted 11-19-1962 as Ch. 15 of the 1962 Code]

§ 194-1. Permit required.

No person, except as provided in this Article, shall canvass, solicit or distribute circulars or other matter from house to house within the township without first having reported to and received a written permit from the Chief of Police or other officer in charge at police headquarters.

§ 194-2. Application for permit.

Any person desiring a permit under this Article shall make application to the Chief of Police or other officer in charge at police headquarters, which application shall give the following information:

A. The name and address of the person seeking the permit.

B. If the applicant is an agent or employee, the name and address of the principal or employer and evidence of the agent's or employee's authority to act.

C. The purpose for which the permit is applied for and, in case it is for the solicitation of funds or goods, the details of the project or work, including the amount to be raised, the purpose thereof, the amount paid to the solicitor and the method of solicitation.

§ 194-3. Issuance of permit; denial. [Amended 2-2-1998]

The Chief of Police or other officer in charge at police headquarters shall have the power to grant a permit to canvass or solicit from house to house. The application for a permit may be held for 72 hours before determining whether or not the permit shall be issued. The application for a permit shall be denied in all cases where the application of the canvasser or solicitor on investigation shows that he is not of good character or that he is canvassing for a project not free from fraud. No person under the age of 13 shall be permitted to canvass or solicit from house to house pursuant to a valid permit issued hereunder unless accompanied by a person over the age of 21 years old.

§ 194-4. Term of permit; revocation.

A. A permit to canvass or solicit shall specify the number of hours the permit will be in effect.

B. The Chief of Police or officer in charge at police headquarters may revoke the permit for failure or refusal on the part of the permittee to observe the provisions of this Article.

C. The making of any false statement in an application shall constitute a violation of this Article and shall be grounds for revocation of the permit.

§ 194-5. Display of permit, limitations.

Any permit issued under the provisions of this Article shall be exhibited to any resident of the township on demand and shall be limited to the purpose of solicitation or canvassing therein set forth.

§ 194-6. Records.

A record of all permits issued shall be kept by the Police Department.

§ 194-7. Expiration of permit.

On expiration of any permit issued under the provisions of this Article, the holder thereof shall, within twenty-four (24) hours, surrender the same to the officer in charge at police headquarters.

§ 194-8. Applicability.

This Article shall not affect any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive the same.

ARTICLE II, Hawkers, Peddlers and Transient Merchants [Adopted 11-19-1962 as Ch. 14 of the 1962 Code]

§ 194-9. License required for transient merchants and itinerant vendors.

No transient merchants or itinerant vendors shall carry on or attempt to carry on any business, trade or occupation in the township without having first obtained from the Township Council a license for such business.

§ 194-10. Issuance of license.

The license required by the preceding section, if granted by the Township Council, shall be issued by the Township Clerk upon a suitable form provided therefor.

§ 194-11. License fee. [Amended 11-15-1965; 10-1-1991]

Each application for a license required by § 194-9 shall be accompanied by a license fee of one hundred dollars ($100.) which shall be paid to the Township Clerk.

§ 194-12. License required for hawkers and peddlers. [Amended 11-2-1987]

No person within the township shall engage in the business of vending, hawking or peddling fish, fowl, fruit, vegetables, groceries, dry goods or other articles of whatsoever kind from vehicles or from baskets, packs or other means of carriage until he has obtained a license from the Township Council for such business.

§ 194-13. Issuance of license; expiration.

A. The Township Clerk, after approval of the application for a license required by the preceding section by the Township Council and the payment of the license fee as provided by § 194-14, shall issue the license required by the preceding section.

B. Such license shall expire on May 1 next after its issuance.

§ 194-14. License fee; records.

A. The fee for the license required by § 194-12 shall be eighty dollars ($80.) per year and shall be paid to the Township Clerk. [Amended 11-15-1976; 10-1-1991]

B. The Township Clerk shall keep a record of all such licenses in a book to be provided for that purpose.

§ 194-15. Duplicate licenses; fees. [Amended 11-2-1987; 10-1-1991]

Every person obtaining a license required by § 194-12 shall be entitled to use one (1) vehicle. If any such licensee shall desire to use more than one (1) such conveyance or vehicle, the Township Clerk may, upon the application of such licensee, issue a duplicate of the original license for every such conveyance or vehicle in excess of one (1) upon payment to such Clerk of the sum of eighty dollars ($80.) for every such duplicate. Such licensee shall be entitled to use as many vehicles or conveyances as he wishes, provided that he has obtained sufficient duplicate licenses to cover them. Each duplicate license shall remain in force until the expiration of the original license.

§ 194-16. Use nontransferable. [Amended 11-2-1987]

No person having obtained a license as required by § 194-12 shall lend or hire the same or any duplicate thereof to any person or lend or hire or allow the use of any vehicle, with such licensed person's name thereon, for the purpose of vending, hawking or peddling.

§ 194-17. Metal plates and badges; display of license. [Amended 11-2-1987]

A. The Township Clerk shall issue, with each license granted under the authority of § 194-12, when a vehicle is to be used, bearing the words "Licensed Hawker, Township of Bloomfield," together with the number of the license and the year for which it is issued, and all vehicles used for the purpose of hawking or peddling as aforesaid shall have affixed on the side thereof the metal plates mentioned above and the name of the licensee in letters at least two (2) inches in height written or painted clearly and distinctly thereon, and all peddlers not using a vehicle shall wear in a conspicuous place a badge to be furnished by the Township Clerk.

B. Any person, licensed as aforesaid, engaged in vending, hawking or peddling as aforesaid in the streets and public places of this township shall at all times carry with him, when so engaged, his license or duplicate thereof and shall exhibit the same, on demand, to the Judge or any police officer or any member of the Township Council.

§ 194-18. Special permits; fees. [Amended 10-1-1991]

Permits for one (1) to three (3) days may be issued by the Township Clerk in lieu of the licenses required by this Article, subject to the approval of the Chief of Police or Captain of Police, upon payment of a fee of twenty-five dollars ($25.) to the Township Clerk.

§ 194-19. Loitering.

All persons to whom licenses may be issued under the provisions of this Article and all persons selling or peddling any wares, including food or merchandise, shall not loiter or linger in any place in the township.

§ 194-20. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

ARTICLE III, Real Estate Canvassing [Adopted 5-3-1971 as Ch. 18A of the 1962 Code]

§ 194-21. Definitions.

For the purposes of this Article, the following words or phrases shall have the meanings respectively ascribed to them by this section:

CANVASSING -- Door-to-door soliciting or soliciting by use of circulars, visitations or any other means where the canvasser or his employer has not been invited or requested by the owner, as defined in this section, to obtain a listing of real property or to confer with the owner regarding real estate transactions. The term shall not apply when such soliciting is restricted to a specific house on a particular day.

OWNER -- The lessee, sublessee, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent or lease any real property.

PURCHASER -- Any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer or any of their agents.

§ 194-22. Registration required.

A. Any person who receives or expects to receive pecuniary gain from the sale of real property in the township shall be required to complete and file a form, provided by the Township Clerk, in accordance with Subsections B and C of this section prior to engaging in any activities to canvass in the township in an attempt to obtain listings of real property or in an attempt to bring about the sale or purchase of real property.

B. The form shall contain the following information:

(1) Name and address of the person completing the form.

(2) Name and address of the person by whom such person is employed.

(3) A listing of the particular blocks in the township which the person intends to canvass, as well as the date of canvass. This listing shall be a realistic estimate of the actual intent of the canvasser.

C. The form shall be completed and filed no less than ten (10) days nor more than thirty (30) days prior to the date on which the canvass will take place.

§ 194-23. Prohibited acts enumerated.

It shall be unlawful for any person to commit any of the following acts:

A. To induce, directly or indirectly, or attempt to induce, directly or indirectly, the sale or listing for sale of real property by representing that an adverse change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in when the property is located.

B. To induce, directly or indirectly, or attempt to induce, directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion or national origin in the area will or may result in:

(1) The lowering of property values.

(2) An increase in the criminal or antisocial behavior in the area.

(3) A decline in the quality of the schools serving the area.

C. To make any misrepresentations concerning the listing for sale, the anticipated listing for sale or the sale of real property in the area for the purpose of inducing or attempting to induce the sale or listing for sale of real property.

D. To make any representation to any prospective purchaser that any block, neighborhood or area has undergone or will or might undergo an adverse change with respect to the religious, racial or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.

E. To place a sign purporting to offer for sale any property that is not in fact offered for sale.

F. To advertise for sale or rental property which is nonexistent or which is not actually for sale or rental.

G. To engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.

H. To solicit a listing from any homeowner who has previously requested, in writing, that such person refrain from soliciting such homeowner.

I. To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint or testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this Article.

J. To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this Article or to obstruct or prevent any person from complying with the provisions of this Article.

§ 194-24. Powers and duties of Township Clerk.EN

The Township Clerk shall have the following functions, powers and duties in addition to those provided otherwise by law:

A. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of this Article, provided that such rules and regulations shall be approved by the Township Council and, upon approval, filed with the Township Clerk.

B. To receive and investigate complaints alleging violations of the provisions of this Article.

C. To hold conferences and make investigations and, for this purpose, to call upon township officials and employees and other bodies to aid and assist him therein.

D. To render each year to the Township Council a written report of activities pertaining to this Article.

§ 194-25. Filing of complaints.EN

Any person claiming to be aggrieved by an alleged unlawful practice forbidden by this Article may, by himself or by his attorney at law, make, sign and file with the Township Clerk a verified complaint, in writing, which shall state the name and address of the person alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be reasonably required by the Township Clerk.

§ 194-26. Investigation of complaints; notice of determinations.EN

A. After the filing of a complaint by an aggrieved person or by any township resident, the Township Clerk shall cause a prompt investigation to be made of the alleged unlawful practice.

B. If, after such investigation, the Township Clerk shall determine that no probable cause exists for crediting the allegations of the complainant, he shall, within ten (10) days from such determination, cause to be issued and served upon the complainant written notice of such determination.

C. If, after such investigation, the Township Clerk shall determine that probable cause exists in accordance with the allegations of the complaint, he shall immediately endeavor to eliminate the unlawful practice complained of by conference and conciliation. Such conference shall be opened to the public unless otherwise requested by one (1) or both of the parties to the conference. He may refer the matter to other public boards or township officials or employees to conduct or assist in such conferences.

D. If the practice complained of is not eliminated, the Township Clerk may:

(1) Refer the matter to the State Real Estate Commission for such disciplinary action as may seem appropriate and make any records available to the Commission as may relate to the matter, notwithstanding any other action which the Township Clerk may take or may already have taken.

(2) Sign a complaint against the alleged offending person for trial before the Municipal Court.

(3) Refer the entire file to the Township Attorney for such action as he may deem proper or necessary in the circumstances.

§ 194-27. Violations and penalties.EN

Any person who violates any provision of this Article shall, after conviction, be punished by a fine of not more than one thousand dollars ($1,000.) or by not more than ninety (90) days in jail, or both.

Chapter 199, PRECIOUS METALS AND GEMS, DEALERS IN

[HISTORY: Adopted by the Council of the Township of Bloomfield 9-8-1981 as Sec. 19-50 of the 1962 Code. Section 199-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 199-1. Definitions.

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

DEALER - Any person, firm or corporation who, through any means, buys or sells secondhand gold, silver, other precious metals or jewelry, and includes anyone advertising the purchasing or sale of any of the aforementioned items.

MINOR - Any person under the age of eighteen (18) years.

§ 199-2. Time period for which items must be held.

No person shall sell, melt, change the form of or dispose of any article purchased or received within five (5) days from the date of the transaction. All such items shall remain on the premises where the purchase was made for that entire period.

§ 199-3. Identification required; minors.

Each dealer shall require identification, such as the driver's license, of the person with whom he, she or it is transacting business, and no transaction may be made with any minor.

§ 199-4. Violations and penalties.EN

Any dealer who violates any provision of this chapter shall, upon conviction thereof, be penalized not in excess of one thousand dollars ($1,000.) or by imprisonment for a term not to exceed ninety (90) days, or both, within the discretion of the Municipal Judge. A separate offense shall be deemed committed in each day during or on which a violation occurs or continues.

Chapter 203, PROPERTY MAINTENANCE

[HISTORY: Adopted by the Council of the Township of Bloomfield 2-7-1983. Section 203-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Unfit dwellings -- See Ch. 113.

Housing standards -- See Ch. 159.

Unfit buildings (Board of Health) -- See Ch. 292.

§ 203-1. Declaration of policy.

It is hereby declared that there exist in the Township of Bloomfield structures used for commercial, business, industrial and nonresidential purposes which are or may become in the future substandard with respect to structure, equipment or maintenance and, further, that such conditions, including but not limited to structural deterioration, lack of maintenance and appearance of the exterior of premises, infestation, lack of essential heating, plumbing, storage or refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Bloomfield. It is further declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of causing blight and initiating slums, that, if the same are not curtailed or removed, such conditions may grow and spread and necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by the adoption of the regulations and restrictions herein contained, slums and blight may be prevented and neighborhood and property values may be maintained and upgraded, nonresidential uses and neighborhoods may be better maintained and the public health, safety and welfare may be protected and fostered.

§ 203-2. Purpose.

The purpose of this chapter is to establish minimum standards governing the conditions, maintenance and appearance of buildings and premises in the Township of Bloomfield used or intended to be used for commercial, business, industrial or any other nonresidential occupancy; to establish minimum standards governing utilities, facilities and other physical equipment essential to make the aforesaid buildings and premises safe and sanitary; to fix responsibilities and duties of owners and occupants of buildings; to authorize the inspection of buildings and premises; and to fix penalties for violations.

§ 203-3. Standards used as guidelines.

The provisions of the chapter shall constitute the standards to guide the enforcement officer in determining whether the premises are being maintained in such condition as to constitute and produce a blighting effect upon neighboring properties and to cause a progressive deterioration and downgrading of neighborhood properties with an accompanying diminution of neighborhood property values.

§ 203-4. Definitions and word usage.

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

BATHROOM -- Any enclosed space which contains a water closet and shall also contain one (1) or more of the following: bathtub, shower, lavatory or fixtures serving similar purposes.

BUILDING -- Any building or structure or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances belonging thereto or usually utilized in connection therewith.

DETERIORATION -- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other substantial evidence of physical decay, neglect, lack of maintenance or excessive wear.

ENFORCEMENT OR ENFORCING OFFICER -- The Director of Community Development and Inspections or his designee.

EXPOSED TO PUBLIC VIEW -- Any premises or part thereof which may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway or parking lot or from any adjoining or neighboring premises.

EXTERIOR OF THE PREMISES:

(1) Any part of the premises not occupied by any building.

(2) Any open space on the outside of any building.

(3) Any part of any building which is exposed to the elements.

EXTERMINATION -- The control and elimination of insects, rodents and vermin, whether by eliminating their harborage places or by removing or making inaccessible material that may serve as their food or by poisoning, spraying, fumigating, trapping or any other legal means of pest elimination.

GARBAGE -- The animal and vegetable matter or other organic waste resulting from the handling, preparation, cooking and consumption of food or other products.

HAZARD -- Includes but is not limited to the following:

(1) Natural growth: dead and dying trees, limbs and other natural growth which, by reason of rotting or deteriorating conditions or storm damage, are or may be dangerous to persons in the vicinity thereof.

(2) Overhangs: loose, overhanging and projecting objects and accommodations of ice and snow which, by reason of location above ground level, constitute a danger to persons in the vicinity thereof.

(3) Ground surface conditions: holes, excavations, breaks, heaps of material, ungraded fill, projections, traps and obstructions on paths, sidewalks, driveways, parking lots and parking areas and other parts of the exterior of the premises which are accessible to and used by persons having access to such premises.

(4) Recurring accumulation of stormwater: inadequate running off or recurrent accumulations of stormwater due to lack of or improper installation or maintenance of drains.

(5) Sources of infestation: conditions conducive to the breeding or harboring of insects, rodents, vermin or pests.

(6) Defective foundation walls: holes, breaks, deterioration, undermining or any damage in foundation walls rendering the same incapable of safely bearing all imposed loads placed thereon or of excluding weather, vermin and other pests.

(7) Defective chimneys, flues and vent attachments thereto: chimneys, flues and vent attachments not structurally sound or free from defects, or inadequately designed, attached or maintained, so as to perform capably at all times the functions for which they were designed and constructed; chimneys, flues, gas vents and other draft-producing equipment which do not provide sufficient draft to develop the rated output of the connected equipment or are not structurally safe, durable, smoke-tight or capable of withstanding the action of flue gases.

(8) Defective exterior porches, landings, balconies, stairs and fire escapes: exterior porches, landings, balconies, stairs and fire escapes which are not provided with banisters or railings properly designed, not structurally sound or maintained in good repair, painted or not otherwise provided with a protective treatment to prevent deterioration.

INFESTATION -- The presence on or within premises of insects, rodents, vermin or pests.

LITTER -- Includes, but without limitation, discarded, windblown, deposited, dropped or strewn paper wrappings, cardboard, bottles, cans, boxes and broken glass and all foreign materials defacing the surface of premises subject thereto.

MIXED OCCUPANCY -- The use of any building for both residential and nonresidential purposes.

NUISANCE:

(1) Any public nuisance known at common law or as defined by the statutes of the State of New Jersey or by the ordinances of the Township of Bloomfield.

(2) Any inadequately protected well, shaft, basement, excavation, abandoned motor vehicle, appliance or equipment, structurally unsound fence or building, building materials, trash, debris or vegetation, such as poison ivy, oak or sumac, or other substance or any condition which is or may be detrimental to the safety or health of persons.

(3) Any hazard, as defined herein, which is dangerous to human life or detrimental to the health of persons on or near the premises where the hazard exists.

(4) Fire hazards, as defined by the Fire Prevention Code of the Township of Bloomfield as revised from time to time.EN

OCCUPANCY UNIT -- Any room or group of rooms or part thereof forming a single usable unit, used or intended to be used or designed to be used for nonresidential purposes, and located within a building used or intended to be used or designed to be used, in whole or in part, for other than residential occupancy.

OCCUPANT -- Any person or persons, including the owner, in actual possession of and using an entire building or an occupancy unit in a building.

OPERATOR -- Any person, including the owner, who has care or control of the premises or any part thereof.

OWNER -- The holder or holders of all or part of the title to the premises.

PARTIES IN INTEREST -- All individuals, associations and corporations who have interests of record in a building or premises and any who are in actual possession thereof.

PERSON -- Any individual, firm, corporation or other legal entity, and also a political subdivision of a state or the United States.

PREMISES -- A lot, plot or parcel of land, whether or not the same has buildings situated thereon.

PUBLIC AUTHORITY -- The person or persons who are authorized by the codes and ordinances of the Township of Bloomfield to exercise powers prescribed therein.

REFUSE -- Any rotting or spoiling foodstuffs, fruits or vegetables and all putrescible and nonputrescible solid wastes, including but not limited to garbage, rubbish, ashes, litter, dead animals, abandoned automobiles and solid market and industrial wastes, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, trash, rubbish and debris of any description.

RUBBISH -- All combustible and noncombustible waste materials except garbage.

STRUCTURE -- Any assembly of materials forming a construction, including but not limited to buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, open sheds, bins, shelters, fences and display racks and signs.

TRANSLUCENT -- The property of admitting the passage of light but diffusing it so that objects cannot be clearly distinguished.

WEATHERING -- Deterioration, decay or damage caused by exposure to the elements.

WINDOW -- An opening in the wall or roof of a building for the admission of light or air, which opening may be closed to the elements by casements or sashes containing glass or other transparent or translucent materials.

WINDOW DISPLAY AREA -- That area of a building in proximity to the inner surface of a window which is designed or used for the viewing of the interior and the display of items representative of any goods or services pertaining to the business conducted therein.

B. Meanings of certain words. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as one (1) person and to females as well as males and to bodies corporate and partnerships as well as individuals and to several matters and things as well as one (1) matter or thing.

§ 203-5. Applicability; prevalence of higher standards; effect on enforcement of other standards.

A. Each and every lot and building thereon located in the Township of Bloomfield which is not exclusively residential by virtue of its use, intended use or design shall comply with the provisions of this chapter, whether or not any such building shall have been constructed, altered or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which shall have been issued for the use or occupancy of any such building or premises or for the construction, alteration or repair of equipment or facilities therein or thereon prior to the effective date of this chapter. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and premises and does not replace, modify or lessen standards otherwise established for the construction, repair, alteration or use of such buildings and premises and equipment or facilities contained therein or thereon.

B. Where there is mixed occupancy of such buildings and premises, the residential and nonresidential uses thereof shall be regulated by and be subject to the applicable provisions of both this chapter and all other ordinances and codes of the Township of Bloomfield.

C. In any case where a provision of this chapter is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the township as it relates to such buildings and premises, including provisions governing the issuance of licenses and permits, the provision which establishes the higher standard for the promotion and protection of health and safety shall prevail and be applied.

D. Nothing in this chapter shall be construed to abrogate or impair the powers of any department or official of the township to enforce the provisions of any township ordinance or regulation or to prevent or punish any violation thereof.

§ 203-6. Responsibilities of owner, operator and occupant.

A. Owner and operator. Owners and operators shall have all the duties and responsibilities prescribed in § § 203-7, 203-8, 203-9 and 203-10, inclusive, and in the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from such duties or responsibilities by reason of the fact that the other of them or the occupant is also responsible therefor and in violation thereof.

B. Occupant. Occupants shall have all the duties and responsibilities prescribed in § § 203-7A, B, C, D, E, G and H, 203-9, 203-10 and 203-11 and in all regulations promulgated pursuant thereto, and the occupant shall not be relieved of any such duties or responsibilities by reason of the fact that the owner or operator, or both, is or are also responsible therefor and in violation thereof.

C. Contract not to alter responsibilities. The respective duties and responsibilities imposed hereunder on the owner, operator and occupant shall not be altered or affected by any agreement or contract to which one (1) or more of them is or are a party or parties.

§ 203-7. Maintenance of exterior of premises.

The exterior of the premises and all structures thereon shall be kept free of litter and of all nuisances and hazards to the safety of tenants, occupants, pedestrians and other persons having access to the premises and free of unsanitary conditions. The exterior of the premises shall also reflect a level of maintenance in keeping with the standards of the neighborhood, shall meet the standards of this chapter or such higher standards as may be adopted by the township and shall not constitute a blighting effect upon neighborhood properties. Specifically, but not in limitation of the generalities of the foregoing, the following standards shall be maintained:

A. Storage. There shall not be stored or used at a location visible from the street, sidewalks or other public areas equipment and materials relating to the commercial or industrial uses unless permitted under the Zoning OrdinanceEN for the premises or unless permitted by Board of Adjustment action.

B. Landscaping. The landscaping of premises shall be maintained in an orderly state, with lawns and bushes trimmed and free from litter. Open areas shall be graded to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.

C. Signs and billboards. All duly authorized signs and billboards shall be maintained in good repair. Any sign or billboard which has faded or weathered excessively or the paint on which has excessively peeled or cracked shall, with its supporting members, be put into a state of good repair or removed. The responsibilities of an occupant under this subsection shall be limited to signs and billboards erected or used by such occupant.

D. Window and window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view, unless such areas are first screened by drapes, venetian blinds or other means. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.

E. Signs or advertisements; removal. Any temporary sign or other advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it was erected or posted.

F. Repair and painting of exteriors of buildings. All storefronts and the exterior of every building, structure or appurtenance thereto shall be maintained in good repair, and all exterior surfaces thereof shall be kept painted or otherwise provided with a protective treatment where necessary for purposes of preservation and appearance and maintained free from broken or cracked glass, loose shingles or siding or crumbling masonry, excessively peeling paint or other conditions indicating deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the neighborhood protected from blighting influence.

G. Awnings and marquees. Any duly authorized awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be maintained in good repair, installed at a sufficient height and so maintained as not to constitute a nuisance or a safety hazard. In the event that any such awning or marquee is made of cloth, plastic or similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or public ways.

H. Scaffolding. No temporary scafold or other temporary equipment used for construction, repair, painting or maintenance shall be permitted to remain in place after completion of work beyond a period of one (1) month after the erection or placement thereof without the permission of the Director of Community Development and Inspections.

§ 203-8. Maintenance of roofs.

All roofs shall be maintained in good repair, and, where occupants use or have access to the roof of any building, such roof shall be free from conditions resulting in danger to life or limb by reason of lack of railings, inadequate parapets, loose materials or other dangerous conditions. The enforcing officer, when he finds the existence of the dangerous conditions, may, with the concurrence of the Fire Department, direct the owner or operator of the premises to lock or otherwise bar access to the roof until such dangerous conditions are eliminated.

§ 203-9. Sanitation and safety provisions.

A. Floors and supporting structural members shall be maintained in a structurally sound condition, and there shall not be imposed thereon any load which shall constitute a hazard or exceed the safe limits for which said floor was designed.

B. Bathroom floors shall be surfaced with water-resistant material and shall be kept in a dry, clean and sanitary condition at all times.

C. In buildings containing not more than four (4) occupancy units, it shall be the responsibility of each of the occupants and, in buildings containing more than four (4) occupancy units, it shall be the responsibility of the owner and operator to furnish such receptacles as are needed for the proper storage of garbage and rubbish until the removal of all garbage and rubbish and to provide for the regular and periodic removal of all garbage and rubbish from the premises.

D. Storage bins, rooms and areas shall not be used for the storage of accumulated garbage and rubbish unless:

(1) Such rubbish is stored in watertight containers of metal or other material approved by the enforcing officer.

(2) Such storage bins, rooms and areas are of smooth, easily cleanable construction and are kept in a sanitary condition.

(3) Such areas, if located outside a building and visible from any public walk, street or public parking area, are shielded by a method approved by the enforcing officer and constructed in compliance with the applicable provisions of the Uniform Construction Code of the Township of Bloomfield.EN

E. Except in compliance with regulations of the Department of Public Works relating to collection procedures, rubbish and garbage shall be placed or kept on the property within the building located thereon or not nearer to the street line than the building line or not nearer to the street line than the face of the building, whichever distance from the street line is the greater.

F. Flammable or combustible liquids or other materials shall not be stored on the premises unless they are of a type approved for storage by the Fire Department and then only in such quantities as may be prescribed by applicable Fire Department directives or regulations.

G. Every occupant of an occupancy unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises. In addition to the foregoing provision of this subsection, whenever infestation is caused by failure of the owner or operator to maintain any such building in a reasonably pestproof condition, extermination shall be the responsibility of the owner and operator.

§ 203-10. Electrical service.

A. Every building shall be provided with electric service, where required, in accordance with the applicable codes from time to time adopted by the township.

B. Every bathroom shall be provided with permanently installed and operating artificial lighting fixtures with switches and wall plates so located and maintained that there is no danger of electric shock from a simultaneous contact with a water-supply fixture.

C. Maximum fuse or circuit breaker sizes are specified by the National Electrical Code, as amended from time to time, and shall be posted conspicuously on the inside cover of all fuse or circuit breaker boxes, and no fuse or circuit breaker shall be installed therein in excess of the stated maximum. Owners and operators shall not be held responsible for violations in fuse and circuit breaker sizes where the correct maximum size is stated and the fuse or circuit breaker box is located within any part of the building which is in the exclusive possession of an occupant or occupants other than the owner.

§ 203-11. Notification of conditions; keeping premises clean.

A. Upon discovery by an occupant of any condition on the premises which constitutes a violation of this chapter, the occupant shall report the same to the Director of Community Development and Inspections.

B. All parts of the premises under the control of an occupant shall be kept in a clean, sanitary and safe condition by the occupant, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean, unsafe or unsanitary or which would prevent the owner or operator from performing any duty required hereunder.

§ 203-12. Enforcement officer.

The Director of Community Development and Inspections is hereby designated and appointed to enforce the provisions of this chapter. The Director of Community Development and Inspections may authorize members of his Department to make inspections, prepare and serve notices and orders and take all action necessary to secure compliance with the provisions of this chapter. The Director of Community Development and Inspections shall seek and receive the cooperation of all other township departments having concurrent jurisdiction over the matters covered by this chapter.

§ 203-13. Inspections; right of entry.

A. All premises within the Township of Bloomfield covered by this chapter shall be subject to inspection from time to time by the Director of Community Development and Inspections or his designee to determine the condition thereof in order that he may perform his duty of safeguarding the health and safety of the persons occupying and using the same and of the general public.

B. For the purpose of making such inspections, the enforcing officer is hereby authorized to enter, examine and survey, at all reasonable times, all such premises; provided, however, that such entries are made in such a manner as to cause the least possible inconvenience to the persons in possession. The owner, operator and persons occupying the same shall give the enforcing officer free access to the same at all reasonable times for the purpose of such inspections. Every person occupying such premises shall give the owner and operator thereof access to that portion of the premises occupied by or in the possession of such person at all reasonable times for the purpose of making such repairs, alterations or corrections as are necessary to effect compliance with the provisions of this chapter or with any lawful rules or regulations adopted or any lawful order issued pursuant to the provisions of this chapter.

§ 203-14. Notice of violation; service.

A. Where violations of the provisions of this chapter are brought to the attention of the enforcing officer, such officer or his duly authorized representative shall prepare a notice, in writing, setting forth all violations and shall order that the same be eliminated within thirty (30) days. [Amended 6-21-1993]

B. Such notice and order shall be delivered to the occupant or owner or operator or any or all of them, as the case may be, personally or by leaving the same with any person in charge of the premises.

C. In the event that no such person is found upon the premises, service of notice and order shall be made by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises and by mailing a copy thereof to the owner, operator or occupant at his last known post office address.

§ 203-15. Emergency vacation of premises.

Where the enforcing officer makes a preliminary finding that conditions on the premises constitute an immediate and substantial threat to the safety or health of occupants of or persons in proximity to the premises, he may order and direct that the premises be vacated immediately and that signs or notices be posted prohibiting occupancy thereof.

§ 203-16. Violations and penalties. [Amended 11-2-1987]

Any person who shall violate or fail to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment in the county jail for any term not exceeding ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed each and every day during or on which such violation or noncompliance occurs or continues.

Chapter 206, RECYCLING

[HISTORY: Adopted by the Council of the Township of Bloomfield 9-8-1987. Amendments noted where applicable.]

GENERAL REFERENCES

Garbage, rubbish and refuse -- See Ch. 142.

Recycling of newspapers -- See Ch. 180, Art. I.

Sanitation (Board of Health) -- See Ch. 336.

§ 206-1. Definitions.

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

ALUMINUM -- Disposable containers made of aluminum used for soda, beer or other beverages or substances.

GLASS -- Include all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matters; excluding, however, blue or flat glass commonly known as "window glass."

LEAVES -- Includes all of the thin, usually flat, green parts that grow on the stem of a tree or other plant.

NEWSPAPER -- Includes clean and uncontaminated newspapers of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. "Newspapers" shall be considered clean and uncontaminated if they have not been exposed to substances or conditions rendering them unsuitable for recycling. Expressly excluded are all magazines or other periodicals as well as all other products of any nature whatsoever.

RECYCLING COORDINATOR -- An employee designated by the Mayor and Council to carry out the township's recycling program.

SOLID WASTE -- Includes all garbage and rubbish normally placed at the curb by the residents and other occupants of the Township of Bloomfield for regular collection, but shall exclude all items which the township shall determine are recyclable.

§ 206-2. Rules and regulations.

The Recycling Coordinator, subject to the approval of the Mayor and Council, shall establish and promulgate rules and regulations as to the manner, days and times for the collection, sorting, transportation, sale and/or marketing of said recyclable material in order to encourage the preservation of material resources while minimizing the cost of the recycling program to the Township of Bloomfield. The control of solid waste shall be included in the promulgation of such rules and regulations.

§ 206-3. Separation required.

On or after October 1, 1987, it shall be mandatory for all persons who are owners, lessees and occupants to separate leaves, glass bottles, newspapers and aluminum cans as herein defined from all other waste produced by such residents and to separately place in suitable containers or at a designated drop-off site said glass, bottles, newspapers and aluminum cans for pickup, collection and recycling.

§ 206-4. Procedures for separation.

Glass containers, aluminum, newspapers and leaves shall be kept separate from and not mixed with regular refuse which is collected separately. Persons may wrap solid waste in newspapers and discard the same with regular solid waste even if such wrapping does render the newspapers unusable for recycling.

A. Leaves. During the period from October 1 through December 15 and from April 1 through Map 15 only of each year, leaves shall be placed in piles or bags along the curbline of the street. Loose piles shall not exceed five (5) feet in width from the curbline.

B. Newspapers. Newspapers shall be bundled separately, not in paper or plastic bags, and shall be tied securely in bundles not exceeding thirty (30) pounds in weight.

C. Glass. All glass objects shall be cleaned of food or other material and shall have all metallic caps, rings and all other metallic objects and devices removed from them. Glass shall be placed at the curb in reusable containers with drain holes and shall be separated so that colors are not mixed. Separation of color shall be clear, brown and other colors. The weight of an individual filled container shall not exceed thirty (30) pounds.

D. Aluminum cans. Such cans shall be cleaned and contain no liquid or solid material. The cans are to be placed at the curbline in reusable containers with drain holes and, when filled, shall not exceed thirty (30) pounds in weight.

§ 206-5. Placement and collection.

A. The Township Administrator is hereby authorized and directed to negotiate and to enter into contracts to dispose of all used recyclables collected by the township as herein described or to place same out to bid if required by the Local Public Contracts Law.EN The township may utilize its own personnel to collect such recyclables or may contract out the cost of collection.

B. Anything herein to the contrary notwithstanding, any person may donate or sell recyclables to any person, whether operating for profit or not for profit. It shall be further permissible under the terms of this section for any person to obtain a permit from the Township of Bloomfield to collect recyclables within the township. Any person obtaining such a permit shall not pick up recyclables from the curb without specific permission to do so.

C. It shall be a violation of this chapter for any person unauthorized by the township to collect or pick up or cause to be picked up or collected such recyclables. Any and each collection in violation hereof from one (1) or more residences shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 206-6. Violations and penalties.

A. Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be punishable, upon conviction thereof, by a fine not to exceed five hundred dollars ($500.) or up to ninety (90) days in jail, or both. As an alternate penalty, a convicted person may be ordered to perform community service in the recycling program for a period not to exceed ninety (90) days.

B. Each day such violation or neglect is committed or permitted to continue shall constitute a separate offense and be punishable as such.

Chapter 207, RENTAL PROPERTY, REGISTRATION OF

[HISTORY: Adopted by the Township Council of the Township of Bloomfield 5-4-1998. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 87.

Fire prevention and protection -- See Ch. 125.

Housing standards -- See Ch. 159.

Licenses and permits -- See Ch. 172.

Noise -- See Ch. 183.

Property maintenance -- See Ch. 203.

Rent control -- See Ch. 208.

Zoning -- See Ch. 271.

§ 207-1. Definitions.

Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meanings:

AGENT -- The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of New Jersey if such person designated by the owner as his agent is so licensed.

APARTMENT COMPLEX -- Two or more buildings, each containing two or more apartments, which are located within close proximity of each other and are owned by the same owner.

APARTMENT or DWELLING -- Any apartment, cottage, bungalow or any room or rooms in a rooming house or boardinghouse or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities, for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use.

CERTIFICATE HOLDER -- The person to whom the Certificate of Habitability is issued pursuant to this chapter. The term Certificate Holder includes within its definition the term "agent" where applicable.

CERTIFICATE OF HABITABILITY -- The certificate issued by the Township Inspections Department or designee attesting that the rental unit is in compliance with all of the ordinances of the Township of Bloomfield.

OWNER -- Any person or persons, firm, corporation or officer thereof, partnership, association or trust who owns, operates, exercises control over or is in charge of a rental facility.

PERSON -- An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.

RENTAL FACILITY -- Every building, group of buildings or a portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration to one or more individuals and is meant to include apartments and apartment complexes. Exempt from all provisions of this chapter shall be any "nonprofit senior citizen rental facilities" which shall be defined as any facility with more than fifty rental units and is maintained and operated by a nonprofit organization, as defined by the United States Internal Revenue Code, for the primary benefit of senior citizens. [Amended 12-21-1998]

RENTAL UNIT -- A dwelling unit which is available for lease or rental purposes and is meant to include a dwelling unit offered for lease or rental, including but not limited to one-family homes, two-family homes, three-family homes, etc. as well as individual apartments located within apartment complexes.

§ 207-2. Registration required.

All rental units shall hereafter be registered with the Township Inspections Department or designee of the Township of Bloomfield or such other person as designated by the Township Council on forms which shall be provided for that purpose and which shall be obtained from the Township Inspections Department or designee.

§ 207-3. Initial registration provisions.

Each rental unit shall be registered. The registration shall be effective so long as the occupancy of the rental unit and the information necessary to obtain the certificate of habitability has not changed. The initial registration shall occur within 45 days following the adoption of this chapter. No rental unit shall hereafter be rented unless the rental unit is registered and a certificate of habitability is issued in accordance with this chapter.

§ 207-4. Registration forms; filing; contents.

Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered, and a certificate of habitability shall be issued as provided herein. Every owner shall file with the Township Inspections Department or designee of the Township of Bloomfield or such other person as designated by the Township Council a registration form for each unit contained within a building or structure which shall include the following information:

A. The names and ages of all occupants.

B. The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons. In the case of a partnership, the names and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals indicating where such individual may be reached both during the day and evening hours. If the record owner is a corporation, the names and addresses of the registered agent and corporate officers of said corporation shall be provided, together with the telephone numbers for each of such individuals indicating where such individuals may be reached both during the day and evening hours.

C. If the address of any record owner is not located in Bloomfield or in Essex County, the name and address of a person who resides in Essex County and who is authorized to accept notices from a tenant and to issue receipts therefor and to accept service of process on behalf of the record owner.

D. The name and address of the agent of the premises, if any.

E. The name and address, including the dwelling unit number, of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service, if any.

F. The name, address and telephone number of an individual representative of the owner or agent who may be reached or contacted at any time in the event or an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.

G. The names and addresses of every holder of a recorded mortgage on the premises.

H. If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.

I. As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. In order to satisfy the requirement of this provision, an owner shall submit the square footage of the rental unit which shall become part of the application and which shall be attached to the registration form when filed by the Township Inspections Department or designee.

J. Such other information as may be prescribed by the township.

§ 207-5. Indexing and filing of registration form.

The Township Inspections Department or designee shall index and file the registration forms. In doing so the Township Inspections Department or designee shall follow the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28 to the extent that it applies to the property being registered and will also satisfy the registration requirements of this chapter.

§ 207-6. Amended registration form.

Every person required to file a registration form pursuant to this chapter, shall file an amended registration form within 20 days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the ownership or occupancy of the premises is changed.

§ 207-7. Inspections.

A. Subsequent to the initial registration, each rental unit shall be inspected at least once every three years or upon a change in occupancy of the unit.

B. Such inspections shall be performed by such person, persons or agency duly authorized and appointed by the Township of Bloomfield, and inspections made by persons or an agency other than the duly authorized and appointed person, persons or agency of the Township of Bloomfield shall not be used as a valid substitute.

C. Such inspections shall be for the purpose of determining Zoning OrdinanceEN compliance and, to the extent applicable, to determine if the property complies with the Property Maintenance Code, Uniform Construction Code, BOCA Maintenance Code, Housing Code, Building Code and/or Uniform Fire Safety Act.EN

D. Unsatisfactory inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered nor shall a certificate of habitability be issued, and the owner of the property or his agent shall not lease or rent such property, nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code and the property is thereafter subsequently inspected and registered. Upon inspection of any rental unit, the inspector, upon finding that the rental unit contains only minor violations of this chapter which are not inimical to the health, safety and welfare of a perspective occupant so as to prohibit occupation by the same, may cause to be issued a temporary certificate of habitability which shall be conditioned upon the property owner, tenant or landlord complying with the provisions of this chapter within a reasonable period of time not to exceed 30 days from the issuance of such temporary certificate. Upon compliance by the property owner with the provisions of this chapter, the Township Inspections Department shall issue a certificate of habitability at no additional fee. The permanent certificate of habitability shall be effective for the same period of time as if issued upon initial inspection. If the corrections are not made within that thirty-day period, the property owner, tenant or landlord shall be deemed in violation of this chapter, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 207-18 of this chapter.

§ 207-8. Access for inspections and repairs; complaints.

A. The inspection officers are hereby authorized to make inspections to determine the condition of rental facilities, rental units, rooming houses and boardinghouses in order that they may promote the purposes of this chapter to safeguard the health, safety and welfare of the occupants of rental facilities, rental units, rooming houses and boardinghouses and of the general public. For the purposes of making such inspections, the inspecting officers are hereby authorized to enter, examine and survey rental facilities, rental units, rooming houses and boardinghouses at all reasonable times. The owner or occupant of every rental facility, rental unit, rooming house and boardinghouse shall give the inspecting officer free access to the rental facility, rental unit, rooming house and boardinghouse at all reasonable times for the purpose of such inspections, examinations and surveys.

B. Every occupant shall give the owner of the rental facility, rental unit, rooming house and boardinghouse access to any part of such rental facility, rental unit, rooming house and boardinghouse at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant thereto.

C. Complaints. Within 10 days of receipt of a complaint alleging a reported violation of this ordinance, an inspecting officer shall conduct an inspection as hereinbefore provided.

§ 207-9. Prohibitions on occupancy.

No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Township of Bloomfield that is not registered in accordance with this chapter or has not had a certificate of habitability issued as provided herein.

§ 207-10. Certificate of habitability.

Upon the filing of a completed registration form, payment of the prescribed fee and a satisfactory inspection, the owner shall be entitled to the issuance of a certificate of habitability commencing on the date of issuance and indicating same expiring upon a change of the occupancy of the rental unit. A registration form shall be required for each rental unit, and a certificate of habitability shall be issued to the owner for each rental unit, even if more than one rental unit is contained in the property.

§ 207-11. Fees.

At the time of the filing of the registration form and prior to the issuance of a certificate of habitability, the owner or agent of the owner must pay a fee in accordance with the following:

A. A registration fee of $10.

B. An inspection fee of $25.

C. If the registration and inspection are done simultaneously, $30.

D. If the owner of the property is a senior citizen who resides in a unit of the property and rents out the remaining unit and would otherwise qualify under the State of New Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall be no fee.

E. If the owner of the property is a war veteran or a surviving spouse as defined in N.J.S.A. 54:4-8.11 and would otherwise qualify for the State of New Jersey property tax deduction under said statute, there shall be no fee.

§ 207-12. Copy of certificate of habitability to be supplied to occupants and tenants.

Every owner shall provide each occupant or tenant occupying a rental unit with a copy of the certificate of habitability required by this chapter. This particular provision shall not apply to any hotel, motel or guesthouse registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3. This provision may be complied with by posting a copy of the registration certificate in a conspicuous place within the rental unit(s).

§ 207-13. Maximum number of occupants; unlawful residents.

A. Written notice of the maximum number of occupants permitted in each rental unit shall be provided to the tenant or registered tenant of each rental unit by the owner or agent, and said tenant or registered tenant shall provide written acknowledgment of receipt of said notice. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days provided for in said notice. Any person violating this provision shall be subject to the penalty provisions of § 207-18 of this chapter.

B. Only those occupants whose names are on file with the township as required in this chapter may reside in the premises that issued the certificate of habitability. It shall be unlawful for any other person to reside in said premises and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 207-18 of this chapter.

§ 207-14. Prepayment of taxes and other municipal charges.

No rental unit may be registered and no certificate of habitability shall issue for any property containing a rental unit unless all municipal taxes, water and sewer charges and any other municipal assessments are paid on a current basis.

§ 207-15. Other standards.

All dwelling units shall be maintained in accordance with the Uniform Construction CodeEN and the BOCA National Property Maintenance Code.

§ 207-16. Occupant(s) standards.

A. Occupants. Only those occupants whose names are on file with the Township Inspections Department as provided in this chapter may reside in the premises for which the certificate of habitability is issued. It shall be unlawful for any other person to reside in said premises and this provision may be enforced against the landlord, tenant or other person residing in said premises.

B. Nuisance prohibited. No rental facility shall be conducted in a manner which shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general such that it shall constitute a nuisance as defined in the ordinances of the Township of Bloomfield.

C. Compliance with other laws. The maintenance of all rental facilities and the conduct engaged in upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the township and with all applicable state and federal laws.

D. Penalties. Any landlord, tenant or other person violating the provisions of this section shall be subject to the penalty provisions of § 207-18 of this chapter.

§ 207-17. Revocation of a certificate of habitability; procedure.

A. Grounds. In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the certificate of habitability issued hereunder upon the happening of one or more of the following:

(1) Conviction of a violation of this chapter in the Municipal Court or any other court of competent jurisdiction.

(2) Determination of a violation of this chapter at a hearing held pursuant to § 207-17B herein.

(3) Continuously renting the unit or units to a tenant or tenants who are convicted in excess of one violation of the Noise Ordinance of the township.EN

(4) Continuously permitting the rental unit to be occupied by more than the maximum number of occupants as defined in this chapter.

(5) Maintaining the rental unit or units on the property in which the rental unit is a part in a dangerous condition likely to result in injury to person or property.

B. Procedure; written complaint; notice; hearing.

(1) A complaint seeking the revocation or suspension of a certificate of habitability may be filed by any one or more of the following: Fire Director, Fire Official, Housing Inspector, the Zoning Enforcement Officer or any other persons or office authorized to file such complaint. Such complaint shall be in writing and filed with the Township Inspections Department or designee. The complaint shall be specific and shall be sufficient to apprise the party to whom the complaint is being issued of the charges so as to permit that party to present a defense. The individual(s) filing the complaint may do so on the basis of information and belief and need not rely on personal information.

(2) Upon the filing of such written complaint, the Township Inspections Department or designee shall immediately inform the Township Council, and a date for a hearing shall be scheduled which shall not be sooner than 10 nor more than 30 days thereafter. The Township Inspections Department or designee shall forward a copy of the complaint and a notice as to the date of the hearing to the certificate of habitability holder and the agent, if any, at the address indicated on the registration form. Service upon the agent shall be sufficient.

(3) The hearing required by this section shall be held before the Township Council unless, in its discretion, the Township Council determines that the matter should be heard by a hearing officer who shall be appointed by the Township Council. If the matter is referred to a hearing officer, such officer shall transmit his findings of fact and conclusions of law to the Township Council within 30 days of the conclusion of the hearing. Township Council shall then review the matter and may accept, reject or modify the recommendations of the hearing officer based on the record before such hearing officer. In the event that the matter is not referred to a hearing officer and is heard by Township Council, then the Township Council shall render a decision within 30 days of the conclusion of the hearing. Following the hearing, a decision shall be rendered dismissing the complaint, revoking or suspending the certificate of habitability or determining that the certificate of habitability shall not be renewed or reissued.

(4) A stenographic transcript shall be made of the hearing. All witnesses shall be sworn prior to testifying. The strict rules of evidence shall not apply, and the evidential rules and burden of proof shall be that which generally controls administrative hearings.

(5) The Township Attorney or his designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this section.

C. Defenses. It shall be a defense to any proceeding for the revocation, suspension or other disciplinary action involving a certificate of habitability by demonstrating that the owner has taken appropriate action and has made a good-faith effort to abate the conditions or circumstances giving rise to the revocation proceeding, including but not limited to the institution of legal action against the tenant(s), occupant(s) or guests for recovery of the premises, eviction of the tenant(s) or otherwise.

§ 207-18. Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Township of Bloomfield or such other court having jurisdiction, be liable to a minimum fine of $200 and a maximum fine of $1,000 or imprisonment for a term not exceeding 30 days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the penalty provisions of this chapter.

Chapter 208, RENT CONTROL

[HISTORY: Adopted by the Council of the Township of Bloomfield 8-19-1985.EN Section 208-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Housing standards -- See Ch. 159.

Property maintenance -- See Ch. 203.

§ 208-1. Definitions.

As used in this chapter, the following words shall have the meanings indicated:

AVAILABLE FOR RENT TO TENANTS -- Fit for habitation, as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Essex and Township of Bloomfield, and occupied or unoccupied and offered for rent.

CAPITAL IMPROVEMENT [Added 11-3-1986]:

A. A service or improvement to property which provides an additional benefit to tenants not previously accorded them and which changes their housing accommodations in a major way.

B. Not a service or improvement that is required by law or lease.

C. Not a repair, rehabilitation or a replacement.

D. In the event that a "capital improvement" surcharge is granted, the amount shall be paid over the actual life of the "capital improvement" without regard to income tax codes or artificial schedules of depreciation or useful life for tax purposes. The burden shall be on the landlord to provide the Rent Control Board with reliable evidence concerning the actual life of the "capital improvement," which evidence may be rebutted by the tenants.

DWELLING -- Includes any building or structure or trailer or land used as a trailer park, rented or offered for rent to one (1) or more tenants or family units. Exempt from this chapter are motels, hotels and similar-type buildings. Residential structures containing four (4) dwelling units or less are also exempt from the provisions of this chapter. However, this exemption shall not apply to residential structures containing four (4) dwelling units or less in garden apartment complexes. Housing units newly constructed and rented for the first time are exempt, and the initial rent may be determined by the landlord. All subsequent rents will be subject to the provisions of this chapter.

HOUSING SPACE -- Includes that portion of a dwelling rented or offered for rent for living and dwelling purposes to one (1) individual or family unit, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property. "Housing space" shall also mean and include a garage or carport or parking space, which garage or carport or parking space is included in the agreement for the rental of housing space.

§ 208-2. Applicability; increases; annual review.

A. Establishment of rents between a landlord and a tenant to whom this chapter is applicable shall hereafter be determined by the provisions of this chapter.

B. At the expiration of a lease of a periodic tenant or on the anniversary date of a month-to-month tenant, no landlord may request or receive a percentage increase in rent in excess of the yearly increase in the consumer price index (CPI) for the New York Metropolitan Area as calculated sixty (60) days immediately preceding the expiration of the tenancy. Under no circumstances shall a landlord request or receive a percentage increase in rent greater than three and one-half percent (3½%) of the base rent at the expiration of a lease of a periodic tenant or on the anniversary date of a month-to-month tenant. [Amended 10-1-1991; 10-20-1992; 10-3-1994; 12-19-1994]

C. Rental increases may only be given once within a twelve-month period, either on the renewal of the lease or on the anniversary date of a month-to-month tenancy.

D. The provisions hereinabove of this section shall be reviewed by the Mayor and Township Council of the Township of Bloomfield at such time that the yearly increase in the consumer price index (CPI) for the New York Metropolitan Area, as calculated sixty (60) days immediately preceding the expiration of the tenancy, exceeds seven percent (7%) or until or unless further action is taken thereon by the Mayor and Township Council. [Amended 11-3-1986; 10-3-1994; 12-19-1994]

§ 208-3. Garages or rental parking spaces.

All garages or rental parking spaces rented by a tenant, within said tenant's building or complex, shall come under the provisions of this chapter. Garages or parking spaces that are included as part of the original rental agreement shall not be separated until said apartment or garage or rental space has been vacated.

§ 208-4. Certain rent increases to be null and void.

A. Any rental increase of a time other than at the expiration of a lease or termination of a periodic lease shall be void.

B. In the event that a rent increase exceeds that authorized by the provisions of this chapter, the excess of the increase shall be null and void. The increase that conforms to this chapter shall be allowed.

§ 208-5. Vacancy of rent-controlled premises. [Amended 10-3-1994]

Upon the vacancy of an apartment by a tenant, said apartment shall be forever decontrolled; that is to say that the rent for that apartment is decontrolled and no longer subject to the rental constraints of this chapter. Upon the reletting of that apartment, the landlord may charge a rental which is not subject to the limitations of the chapter.

§ 208-6. Notice to tenants of proposed increase.

Any landlord seeking an increase in rent shall notify the tenant of the calculation involved in computing the increase. Such notice shall be on forms provided and approved by the Rent Leveling Board of the Township of Bloomfield.

§ 208-6.1. Rent register. [Added 3-21-1988]

A. As of July 1 of each calendar year, each landlord subject to this chapter, except as hereinafter provided, shall file with the Rent Leveling Board a rent register. The rent register shall contain the following information:

(1) The apartment designation.

(2) The name of the tenant, if any.

(3) The current rental.

(4) The tenant's anniversary date, either by lease or by month, if a periodic tenancy exists.

B. Residential structures containing nine (9) dwelling units or fewer are exempt from the provisions of this section. However, this exemption shall not apply to residential structures in garden apartment complexes.

§ 208-7. Effect of previous legislation; tax surcharges.

Any tax surcharge for which tenants are presently liable under previous rent leveling ordinances of the township shall, upon the effective date of this chapter,EN remain and stay as part of the base rent of such tenant. Any increases allowed by this chapter shall be computed on the base rent and surcharge. There shall be no surcharge permitted to be levied by a landlord against a tenant subsequent to the effective date of this chapter.

§ 208-8. Tax appeal; notice of rent reduction.

In the event that a landlord perfects a successful tax appeal, the tenant shall receive seventy-five percent (75%) of all reductions as applied pro rata to the tenant's living space so leased, after deducting all reasonable expenses incurred by the landlord in perfecting the tax appeal. The landlord shall file with the Rent Leveling Board, within thirty (30) days after such reduction in rent becomes effective or within one hundred twenty (120) days of receipt of a judgment on a tax appeal favorable to the landlord, whichever occurs first, a statement certifying that said rent reduction has been granted to the tenants.

§ 208-9. Rent Leveling Board.

A. There is hereby created a Rent Leveling Board within the Township of Bloomfield.

B. Said Board shall consist of seven (7) members.

C. The members of said Board shall be appointed by the governing body, and their terms of office shall be for periods of three (3) years each, with each member serving without compensation.

D. The Rent Leveling Board is hereby granted and shall have and exercise, in addition to other powers therein granted, all powers necessary and appropriate to carry out and execute the purposes of this chapter, including but not limited to the following:

(1) To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this chapter, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, provided that such rules are filed with the Township Clerk.

(2) To supply information and assistance to landlords and tenants to help them comply with the provisions of this chapter.

(3) To hold hearings and adjudicate applications from landlords for additional rental as determined by § 208-11 of this chapter. The Rent Leveling Board shall give reasonable opportunity to be heard to both landlord and tenant before making any determination.

E. The governing body shall appoint two (2) alternate members of said Board to be known as "Alternate 1" and "Alternate 2." Their initial appointments shall be from the dates of appointment to August 25, 1988; thereafter, their terms shall be for periods of three (3) years each or, in the event of a vacancy, for the balance of the unexpired term of the predecessor. They shall serve without compensation. They shall serve in rotation during the absence or disqualification of any regular member or members. They shall serve with the same authority as the members thereof.

§ 208-10. Appeals from actions of Board.

A. If any person shall be aggrieved by the action of the Rent Leveling Board, an appeal may be taken by such aggrieved person to any court of competent jurisdiction within forty-five (45) days after the action of the Rent Leveling Board.

B. The action of the Rent Leveling Board shall be memorialized by resolution of the Rent Leveling Board and mailed to the landlord and affected tenants within twenty-one (21) days of said action. The time of appeal to any court of competent jurisdiction shall not begin to run until the mailing of said resolution. [Added 11-3-1986]

§ 208-11. Hardship rent increases; capital improvement increases; hearings.

A. Hardship increases.

(1) In the event that a landlord's fixed and operating expenses are such that he is being denied or deprived of a just and reasonable return on his investment, he may appeal to the Rent Leveling Board for increased rental. The Board, on credible proof, may grant the landlord a hardship rent increase.

(2) In determining the inability of the landlord to earn a just and reasonable return on his investment, the Rent Leveling Board shall consider all factors it deems relevant, in addition to the following:

(a) The total assessed value of land and buildings.

(b) The minimum rate of return which would be just and reasonable for the property.

(c) The gross income of the landlord from the property.

(d) The total expense of operating the property.

(e) The net return from the property.

(f) The difference between the net return in Subsection A(2)(e) above and the minimum return which would be just and reasonable.

(g) Application, records and documents requested by it.

(h) The value of the property.

(i) Such other factors which the Board, through its experience, shall determine to affect the rate of return.

B. Major capital improvement or major addition in service increase.

(1) A landlord may seek additional rental for a major capital improvement or a major addition in service.

(2) The landlord seeking a major capital improvement or a major addition in service shall appeal to the Rent Leveling Board, which shall determine if said improvement is a major improvement and, if so, shall permit such increases to take place, and the Board may determine an increase other than that sought by the landlord.

C. Notice of hearing.

(1) Prior to a hearing on an application of a landlord, the landlord must give notice to all tenants. Such notice shall be given by serving a copy thereof on the tenant or a member of the tenant's household above fourteen (14) years of age or by mailing a copy thereof by certified mail to the tenant. A return receipt is not required.

(2) The notice shall set forth the basis for said appeal and the date, time and place of the hearing.

(3) Notices shall be given at least ten (10) days prior to the date fixed for the hearing, and the landlord shall file an affidavit of proof of service with the Board prior to the hearing.

D. Before any hardship increase can be granted under this section, the landlord must demonstrate to the Rent Leveling Board that the building is in substantial compliance with the Property Maintenance Code of the Township of Bloomfield.EN

E. Before any increases are granted under this section, all outstanding moneys due for water, sewer and taxes to the Township of Bloomfield must be current. [Added 11-3-1986]

§ 208-12. Fees. [Added 11-3-1986]

A. At or before the filing by a landlord for a capital improvement increase, a major addition in service increase or a hardship increase, the landlord shall pay to the Township Clerk a fee for said application or applications in the amount of fifty dollars ($50.) for each separate application.

B. Prior to processing any application for a capital improvement increase, major service increase or hardship increase, the Rent Leveling Board shall be furnished with proof of payment of said application fee.

§ 208-13. Maintenance of premises.

A. During the term of this chapter, the landlord shall maintain the same standards of service, maintenance, furnishings, furniture or equipment in the housing space and dwelling as he provided or was required to do by law or lease at the date the lease was entered into.

B. An individual tenant or a class of tenants who is not receiving substantially the same standards of service, maintenance, furniture, furnishings or equipment may have the Rent Leveling Board determine the reasonable rental value of the housing unit or dwelling in view of this deficiency. The tenant or class of tenants shall pay the reasonable rental value as full payment for rent until the landlord proves that the deficiency has been corrected.

C. In the event that, upon the expiration of a lease or the anniversary of a month-to-month tenancy, there is a violation of the building, health or other code or ordinance of the Township of Bloomfield affecting said dwelling unit, no increase shall be permitted to the landlord until such time as the violation or violations have been corrected.

D. A copy of this section, in its entirety, shall be posted by the landlord in a conspicuous location so that the tenants will be aware of the entire contents of this section. [Added 11-3-1986]

§ 208-14. Authorization required for rent increases.

No landlord shall, after the effective date of this chapter, charge any rents in excess of what he was receiving from the effective date of this chapter except for increases authorized by this chapter.

§ 208-15. (Reserved)EN

§ 208-16. Violations and penalties. [Amended 11-2-1987]

A willful violation of any provision of this chapter, including but not limited to the willful filing with the Rent Leveling Board of any material misstatement of fact, may be punishable by a fine of not more than one thousand dollars ($1,000.) or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment. A violation affecting more than one (1) leasehold shall be considered a separate violation as to each leasehold.

§ 208-17. Construal of provisions.

This chapter, being necessary for the welfare of the Township of Bloomfield and its inhabitants, shall be liberally construed to effectuate the purposes thereof.

§ 208-18. Conversion from fuel oil to other energy source.

In the event that a landlord converts from fuel oil to any other energy source, the fuel oil surcharge provided for herein shall be disallowed commencing the first day of the first month following the conversion. Nothing contained herein shall be construed to disallow any fuel oil surcharge lawfully collected or charged by a landlord for any month or months prior to the date of disallowance.

§ 208-19.EN Rental of vacant units. [Added 12-19-1994]

A. The owner of any dwelling unit, other than those exempted below, shall be subject to the provisions of this section. Those units exempted shall be:

(1) Units in owner-occupied buildings.

(2) Units in newly constructed buildings which are being rented for the first time. After the first rental, such units will be subject to the provisions of this section.

(3) Units in a building whose owner has transmitted his first sixty-day notice of his intentions to convert the building into a condominium or cooperative and his full plan of conversion to the City Clerk, pursuant to N.J.S.A. 2A:18-61.8.

(4) Units in motels and hotels.

B. All such units shall be rented and occupied by a new tenant within two (2) months after the end of the preceding tenancy, which shall be defined as the last day of residence by the preceding tenant or tenants, except where this requirement has been waived by the Rent Leveling Board under the provisions of Subsection C below, in which event the unit shall be rented and occupied within the time period specified in the waiver.

C. The owner of any such unit still vacant thirty (30) days after the end of the preceding tenancy shall notify the Rent Leveling Board within five (5) days, in writing, of said continuing vacancy. Said notification shall include the following information:

(1) The address, and locale within the building, of the unit.

(2) The rent charged the preceding tenant and rent to be charged the proximate incoming tenant.

(3) The name, address and telephone number of the owner.

(4) The name, address and telephone number of the owner's agent and/or resident manager, if any.

D. Within thirty (30) days after submission of the report required under Subsection C above, the landlord shall notify the Rent Leveling Board that the unit has been rented and occupied, with the names of the new tenant or tenants and the terms of the tenancy. Failure to have the unit rented and occupied within sixty (60) days after the end of the preceding tenancy, except where a waiver has been granted by the Rent Leveling Board, shall be considered a violation of this section and subject to the penalties set forth in Subsection G(1) below.

E. Waiver.

(1) A landlord may seek a waiver of the requirement to rent the unit within sixty (60) days of the end of the preceding tenancy where the condition of the unit or other special circumstances make rental within such time period impossible. In order to obtain a waiver, the landlord shall apply, in writing, to the Rent Leveling Board within thirty (30) days or less from the end of the preceding tenancy, setting forth with specificity:

(a) The reasons that the unit cannot be rented within such time period.

(b) The steps the landlord shall take to remedy the conditions that make it impossible to rent the unit.

(c) The date by which the unit shall be rented and occupied.

(2) Full documentation, such as code violation reports, engineering or inspection reports, etc., shall be provided by the landlord. Any waiver granted by the Board under this section shall specify a date by which the unit shall be rented and occupied. The Board may extend that date upon written request of the landlord, but may not provide more than two (2) such extensions of not more than sixty (60) days each.

(3) In no circumstances shall any waiver, including extension, exceed six (6) months from the time of granting of such waiver.

(4) The following circumstances shall constitute grounds for granting of a waiver by the Rent Leveling Board.

(a) An owner wishes to maintain a vacant unit in order to reserve said unit for a family member. The owner shall provide in the waiver request full documentation, such as the name of the future tenant and the date of occupancy.

(b) An owner wishes to maintain a vacant unit in order to improve the condition of said unit. The owner shall provide full documentation in the waiver request, such as up-to-date building and housing inspection reports, improvement plans, all related permits and the date by which the unit shall be rented and occupied.

(c) An owner maintains a vacant unit in order to correct code violations in said unit. The owner shall provide in the waiver request full documentation, such as code violations reports, correction plans, permits and the date by which the unit shall be rented and occupied.

F. Any individual affected by the action or inaction of an owner of a dwelling unit, subject to the provisions of this section, any civic organization and any appropriate municipal agency may file a complaint of violation of this section with the Bloomfield Municipal Court.

G. Violations and penalties.

(1) A first violation of Subsection B of this section or the conditions upon which a waiver has been granted by the Board shall be punishable by a fine of not more than five hundred dollars ($500.) for each unit in violation. Subsequent violations shall be punishable by a fine of not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.). Each day during which an owner is in violation of Subsection B of this section or the conditions upon which a waiver has been granted shall constitute a separate violation hereunder.

(2) A violation of any other provisions of this section, where there has been no finding of a violation of Subsection B of this section, shall be punishable by a fine not to exceed one hundred dollars ($100.) for each unit found in violation, for each day the owner is found in violation.

H. Any landlord of any unit which has been vacant sixty (60) days or more from the end of the preceding tenancy, as of the effective date of this section, shall be required to file the notification required under Subsection D of this section within fifteen (15) days of the effective date of this section.

Chapter 211, REWARDS

[HISTORY: Adopted by the Council of the Township of Bloomfield: Art. I, 8-5-1985. Amendments noted where applicable.]

GENERAL REFERENCES

Graffiti -- See Ch. 150.

Park rules and regulations -- See Ch. A361.

ARTICLE I, Curtailing and Prevention of Malicious or Willful Damage to Property [Adopted 8-5-1985]

§ 211-1. Reward offered.

The Township of Bloomfield hereby does offer a reward not to exceed two hundred dollars ($200.) to any person or persons who supply information and is or are instrumental in the arrest and conviction of any person or persons who have willfully or maliciously destroyed, damaged or defaced any real or personal property of another, either of a public or private nature.

§ 211-2. Payment; exception.

The reward shall be paid to such person or persons as the municipal governing body may, in its discretion, deem entitled thereto, but no such reward may be paid to any public employee whose duty it is to investigate or to enforce the law.

Chapter 215, SALES, SPECIAL EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-3-1975; Art. II, 9-5-1989. Section 215-21 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Business hours -- See Ch. 89.

Handbills and advertising -- See Ch. 154.

Junk dealers -- See Ch. 166.

Licenses occupations -- See Ch. 173.

Sale of motor vehicles from open-air lots -- See Ch. 177, Art I.

Peddling and soliciting -- See Ch. 194.

Streets and sidewalks -- See Ch. 230.

ARTICLE I, Going-Out-of-Business Sales [Adopted 11-3-1975]

§ 215-1. Definitions and word usage.

A. Where not inconsistent with the contents, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein:

CLERK -- The Township Clerk of the Township of Bloomfield in the County of Essex.

FIRE AND OTHER ALTERED GOODS SALE -- A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

GOODS -- Include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

PERSON -- Any person, firm, partnership, association, corporation, company or organization of any kind.

PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING -- Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by letter, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display or poster, whether in or away from the business location, radio announcement and any and all other means. [Amended 12-1-1975]

REMOVAL OF BUSINESS SALE -- A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the township or will then continue business from other existing locations in the township.

SALE -- Includes, but shall not be limited to, the sale, or an offer to sell, to the public goods, wares and merchandise of any and all kinds and description on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that such "sale" is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such "sale." It shall also include any "sale" advertised to be an "adjustment sale," "creditor's sale," "executor's sale," "administrator's sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "receiver's sale," "loss-of-lease sale," "wholesaler's close-out sale," "creditor's committee sale," "forced-out-of-business sale," "removal sale" and any and all sales advertised in such manner as to reasonably convey to the public that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued.

TOWNSHIP -- The Township of Bloomfield in the County of Essex.

TOWNSHIP COUNCIL -- The Township Council of the Township of Bloomfield in the County of Essex.

§ 215-2. License required.

It shall be unlawful for any person to publish, announce or conduct any sale of the type or kind herein defined without first obtaining a license therefor in compliance with the provisions of this Article.

§ 215-3. Application for license.

A person desiring to conduct a sale regulated by this Article shall make a written application to the Township Clerk setting forth and containing the following information:

A. The true names and addresses of the owners of the goods to be the object of the sale.EN

B. A description of the place where such sale is to be held.

C. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.

D. The dates of the period of time in which the sale is to be conducted.

E. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.EN

F. A complete and detailed inventory of the goods to be sold at said sale as disclosed by the applicant's records. Said inventory shall be attached to and become part of the application.

§ 215-4. License fees. [Amended 10-1-1991]

Any applicant for a license hereunder shall submit to the Township Clerk with his application a license fee of fifty dollars ($50.). Any applicant for a renewal license hereunder shall submit to the Township Clerk with his renewal application a renewal fee of fifty dollars ($50.).

§ 215-5. Term and renewal of license.

The license shall authorize the sale described in the application for a period of not more than thirty (30) consecutive days following the issuance thereof. Such license may be renewed in the discretion of the Township Council for an additional period of time not exceeding thirty (30) days upon application being made for such renewal, which application must be accompanied by a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory.

§ 215-6. Limitations on sales.

A. The license shall authorize only the type of sale described in the application at the location named therein.

B. The license shall authorize only the sale of the goods described in the inventory attached to the application.

§ 215-7. Surrender of other licenses.

Upon being issued a license hereunder for a going-out-of-business sale, the licensee shall surrender to the Township Clerk all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this Article.

§ 215-8. Transferability of license.

Any license provided for herein shall not be assignable or transferable.

§ 215-9. Duties of licensee.

A licensee hereunder shall:

A. Make no additions whatsoever during the period of the license sale to the stock of goods set forth in the inventory attached to the application for license.

B. Refrain from employing any untrue, deceptive or misleading advertising.

C. Conduct the license sale in strict conformity with any advertising or holding out incident thereto.

D. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request.

E. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods.

F. Display the license in a prominent place on the window of the premises where the sale is to be held so that it is clearly visible from the exterior of said premises.

G. Keep suitable books and records at the place of sale and make them available for inspection by the Township Council or its authorized representative.

§ 215-10. Stock for sale.

It shall be unlawful to sell, offer or expose for sale at any such sale or to list on the inventory required by § 215-3 any stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at such sale or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.

§ 215-11. Revocation of license.

A license or renewal thereof issued pursuant to this Article may be revoked by the Township Council, after notice and hearing, for any of the following reasons:

A. Any fraud, misrepresentation or false statement contained in the application.

B. Any fraud, misrepresentation or false statement made as to the inventory, stock sold or stock on hand.

C. Any violation of this Article.EN

D. Conducting the business licensed under this Article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menance to the health, safety or general welfare to the public.

§ 215-12. Notice of hearing.

Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for the hearing.

§ 215-13. Suspension of license.

A license may be suspended for not more than five (5) days by the Township Council upon probable cause being shown that the license should be revoked.

§ 215-14. Hearings and investigations.

The Township Council shall hold such hearings and make such

investigation as may be necessary to carry out the provisions and

intent of this Article.

§ 215-15. Applicability.

The provisions of this Article are intended to augment and be in addition to the provisions of other applicable licensing ordinances of the township. Where this Article imposes a greater restriction upon persons, premises, businesses or other practices than is imposed by any other licensing ordinance of the Township of Bloomfield, then this Article shall control.EN

§ 215-16. Right to apply for license.

Upon the death of a person doing business in this township, his or her heirs, devisees or legatees or executors or administrator shall have the right to apply at any time for a license hereunder.

§ 215-17. Time limit for reissuance of license.

Any person who has held a sale, as regulated hereunder, at the location stated in the application within one (1) year last past from the date of such application shall not be granted a license.

§ 215-18. Licensees owning more than one business.

Where a person applying for a license hereunder operates more than one (1) place of business the license issued shall apply only to the one (1) store or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.

§ 215-19. Exceptions.

The provisions of this Article shall not apply to nor affect the following persons:

A. Persons acting pursuant to an order or process of a court of competent jurisdiction.

B. Persons acting in accordance with their powers and duties as public officials.

C. Duly licensed auctioneers selling at auction.

D. Persons conducting a sale of the type regulated herein on the effective date of this Article, unless such sale is continued for a period of more than thirty (30) days from and after such effective date, in which event, such person, at the lapse of said thirty-day period, shall comply with the provisions of this Article.

E. Any publisher of a newspaper, magazine or other publication who publishes, in good faith, any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this Article have not been complied with.

§ 215-20. Payment of taxes.

No license authorized under this Article shall be issued unless personal property taxes are paid to the date of the application for said license.

§ 215-21. Violations and penalties. [Amended 11-2-1987]

Any person who violates any of the provisions of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment not exceeding ninety (90) days, or by both said fine and imprisonment, at the discretion of the Municipal Judge. Each day that a violation shall continue shall constitute a separate offense.

ARTICLE II, Sidewalk Sales [Adopted 9-5-1989]

§ 215-22. Application; authorization.

On application to the Township Council, the Township Council may, by resolution, permit the outdoor display and/or sale on sidewalks and adjoining areas subject to the conditions contained herein. Following the adoption of the enabling resolution, a letter of authorization will be forwarded to the association or merchant requesting the sale.

§ 215-23. Criteria for display and sale.

Permission for outdoor display and sale shall only be given if the applicant satisfies all of the following criteria:

A. No food or food stuffs are displayed or offered for sale.

B. The outdoor display and sale are restricted to areas zoned for business and are in accord with all zoning regulations pertaining thereto.

C. All participating displayers or sellers shall own or lease permanent premises within twenty-five (25) feet of the place where the outdoor display or sale will be conducted.

D. The association or merchant can demonstrate that the outdoor display and sales serve the public purpose of furthering the commercial and mercantile growth and stability of the township at large.

E. Permission would not adversely affect the public welfare.

§ 215-24. Time limitations.

Permission issued hereunder shall be for no greater period of time than two (2) consecutive business days, with appropriate provisions for alternate days because of inclement weather, with hours of display and sale subject to the approval of the Township Council.

§ 215-25. Frequency.

Permission shall not be granted more than twice per calendar year.

§ 215-26. Participation in sponsored programs.

No person, partnership, organization or any other business entity or subdivision thereof shall participate in more than one (1) sponsored program per year as a displayer or seller.

§ 215-27. Requests in geographic business areas.

A. Individual requests from merchants who wish to conduct sidewalk sales on dates other than those requested by a majority of businesses in a geographic business area will not be approved.

B. For the purpose of this Article, the following geographic business areas are defined: Bloomfield Center, North Center, Watsessing Center, Broad and Watchung, Bloomfield Avenue (South), Bloomfield Avenue (Central), Belleville Avenue (East) and Broughton Avenue.

§ 215-28. Enforcement.

This Article shall be enforced by the Director of Community Development or his designee.

§ 215-29. Violations and penalties.

Any person who violates or who fails or refuses to comply with any section of the Article or the enabling resolution or conducts a sale without a letter of authorization shall be subject to a penalty up to five hundred dollars ($500.).

Chapter 217, SCHOOL SYSTEM

[HISTORY: Adopted by the Township Council of the Township of Bloomfield: Art. I, 3-6-1995. Amendments noted where applicable.]

ARTICLE I, Enrollment [Adopted 3-6-1995]

§ 217-1. Unlawful acts.

A. It shall be unlawful for any parent or guardian to assist, aid, abet, allow, permit, suffer or encourage a minor to register or enroll in the Bloomfield School System where the minor is ineligible to attend as a result of the minor's nonresident status.

B. It shall be unlawful for any person to knowingly permit his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of any nonresident student in the Township of Bloomfield School System unless previous approval has been granted by the Superintendent of the Bloomfield School System or his or her designee.

§ 217-2. Violations of § 217-1; penalties. [Amended 4-7-1997]

Any person violating or failing to comply with any of the provisions of § 217-1 of this chapter shall, upon conviction thereof, be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in the county jail for a period not to exceed 180 days, or both, as deemed appropriate by the Bloomfield Municipal Court.

§ 217-3. Certification of residency. [Added 4-7-1997]

Any property owner of any residence, building or structure or trailer or land used as a trailer park, who rents or offers to rent a residential dwelling unit to one or more tenants or family units, shall execute a certification of residency as required of the tenant by the Bloomfield Board of Education. This certification may be signed by a duly authorized agent of the owner.

§ 217-4. Violations of § 217-3; penalties. [Added 4-7-1997]

Any person violating any of the provisions of § 217-3 of this chapter or failing to comply with any of its provisions shall, upon conviction thereof, be punished by a fine of not less than $100, nor more than $500 as deemed appropriate by the Bloomfield Municipal Court.

Chapter 219, SEWERS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 23 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. II, 9-3-1985. Sections 219-2, 219-3A, 219-4A(1), (2), (3) and (4), 219-5A and C, 219-8, 219-9A, 219-10, 219-11, 219-12, 219-13A and D, 219-14, 219-15, 219-17 and 219-24B amended and §§ 219-4C and 219-18 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks -- See Ch. 230.

Subdivision of land -- See Ch. 234.

Water -- See Ch. 262.

Zoning -- See Ch. 271.

Pollution (Board of Health) -- See Ch. 326.

ARTICLE I, Sewer Connections [Adopted 11-19-1962 as Ch. 23 of the 1962 Code]

§ 219-1. Applicability.

This Article is intended to provide for all matters concerning, affecting or relating to the management and use of the sewers and works of the sewerage system and as to connections therewith.

§ 219-2. Permit required for lateral and drain connections.EN

Before any building or premises shall be connected with any sewer lateral or drain, the owner thereof must obtain a written permit authorizing such connection to be made.

§ 219-3. Application for permit.

A. Every application for a permit required by § 219-2 shall be signed by the owner of the building or by his authorized agent. It shall state the name and address of the owner, describe the building sufficiently to identify the same and specify as nearly as possible, by ground plans or otherwise, the exact point in the wall of the building where it is desired that connection with the building shall be made. If the owner wishes to construct, at his own expense, under the supervision and subject to the inspection of the Township Engineer, so much of the house sewer lateral as lies between the street public sewer main and the building, the application must so state.EN

B. All applications must be filed with the Township Engineer.

C. Applications may be returned and action suspended or rejected for any reason satisfactory to the Township Engineer, and he shall grant permits in proper cases.

§ 219-4. Fees; records; work done by owner. [Amended 4-19-1971]

A. Permits for connections shall be issued by the Township Engineer upon payment of the fees indicated below to the Township Tax Collector.

(1) For a permit for a connection to a public sewer main requiring the laying of pipe between the curblines of an unpaved street, the applicant shall pay the sum of one thousand three hundred dollars ($1,300.) and the township shall lay the sewer lateral pipe.EN

(2) Where the connection applied for is to a public sewer main lying within the curblines of a street having an improved pavement, the aforesaid charge of one thousand three hundred dollars ($1,300.) shall be made, together with an additional charge for street opening and replacement of all road pavements for the sum of seventy-five dollars ($75.) per square yard.EN

(3) A permit shall be issued by the Township Engineer, upon the payment to the Township Tax Collector of six hundred dollars ($600.) for each lateral connection to a public sewer main lying between the curb- and property lines of a street.EN

(4) On all public sewer main connections made after the 15th day of November and before the 15th day of March of each year, an additional charge of one hundred dollars ($100.) shall be made for each lateral connection to a public sewer main within the curblines of a street and fifty dollars ($50.) for each lateral connection to a public sewer main lying between the curb- and the property lines of a street.EN

(5) The Township Engineer may, in his discretion, increase the aforementioned charges for work done if the same presents peculiar or unusual difficulties or where the cost is increased by special conditions or circumstances or because of increases in the prices of labor and materials and the charges above provided would be insufficient to pay for the cost of the work. In any such event, the charges mentioned above shall be increased by the amount that such peculiar or unusual difficulties or special conditions or circumstances or increases in the prices of labor and materials enlarge the cost of the work.

B. It shall be the duty of the Township Engineer to keep a record of all permits issued under this Article.

C. If the owner elects to do the work himself, he shall declare that option in his application and shall pay an inspection fee to the Township Tax Collector in the sum of ten dollars ($10.). The work will be under the supervision and subject to the inspection and approval of the Township Engineer. In addition to the inspection fee of ten dollars ($10.), a right-of-way opening permit fee of ten dollars ($10.) shall accompany a completed right-of-way-opening permit application. A right-of-way-opening bond of one thousand dollars ($1,000.), covering the excavation, backfill and all other work necessary, including pavement and site restoration, shall also accompany the right-of-way-opening permit application.EN

§ 219-5. Revocation of permits; refunds, claims.

A. The Township of Engineer may, for satisfactory causes, revoke any sewer lateral connection permit.EN

B. A refund of payment for any permit revoked or a refund of an equitable part of such payment may be made by the proper disbursing officer of the township when a warrant therefor has been duly approved by the Township Council.

C. Every application and permit shall be subject to regulations and conditions created and imposed by ordinance, and no applicant or person to whom a permit shall be granted or his successors in interest shall have the right to claim or demand any damages against the township or its agents and servants in consequence of the refusal or revocation of a permit or delay in action on an application or for not cutting off of a lateral connection under the provisions of any ordinance.EN

§ 219-6. Right of entry; interference with employees of Department of Public Works.

A. The agents and employees of the Department of Public Works shall have the right to enter the buildings and premises mentioned in any application whenever necessary and to examine the same or to do any work thereon or therein.

B. It shall be unlawful for any person to interfere with any agent or employee of the Department of Public Works while such agent or employee is acting in the course of his duty.

§ 219-7. Special provisions.

A permit may, in the discretion of the Township Engineer, embrace special provisions and conditions as to the use of flush tanks, size of pipe, method of construction, mode of use and similar details.

§ 219-8. Supervision of construction.EN

So much of the house sewer lateral as lies between the public sewer main and the curbline shall, in all cases, be constructed under the supervision of the Township Engineer, as required under § 219-4.

§ 219-9. Construction of laterals; fees. [Amended 4-19-1971]

A. So much of the house sewer lateral as lies between the curbline and the wall of the building or, in cases where the connection has been extended to the property line, so much thereof as lies between the property line and the wall of the building may be constructed, at the option of the owner, either by the township under the supervision of the Township Engineer, for which service the owner shall pay to the Township Tax Collector the sum of thirty-six dollars ($36.) per linear foot, plus an additional charge of three dollars ($3.) per linear foot when such work is done after the 15th day of November and before the 15th day of March in any year, or by the owner under the supervision and subject to the inspection and approval of the Township Engineer, for which service the owner shall pay to the Township Tax Collector the sum of ten dollars ($10.). If the owner elects to do the work himself, he shall declare that option in his application and shall comply with the regulations under § 219-4C.EN

B. It, however, shall be at the option of the Township Engineer to increase such charge for the work done from the street line to the wall of the building if the same present peculiar or unusual difficulties in accordance with the formula provided in § 219-4A(5).

§ 219-10. Stoppages. [Amended 6-15-1987]

A. When any stoppage shall occur in any building lateral connection between the building and the public sewer, it shall be the owner or tenant's responsibility to remedy the same. The stoppage shall be cleared from the cleanout located in the building or at the curbline by use of hand rods, mechanical sewer rods and cutters or hydraulic cleaning machines at the expense of the owner/tenant.

B. If it has been determined that the stoppage cannot be cleared from the cleanout as described, the responsibility for excavating, removing the stoppage and replacing the pipe lateral section shall be as follows:

(1) Where the stoppage located between the building and street curbline cannot be cleared through the cleanout and requires excavation, all cost for this repair work shall be at the expense of the owner/tenant. Prior to excavation, a permit from the Department of Inspections must be obtained at the prevailing permit fee schedule in effect at the time of application.

(2) Where the stoppage located between the curbline and the sanitary sewer main located in the street between curblines cannot be cleared through the cleanout and requires excavation, all cost for this repair work shall be at the expense of the township. When a stoppage shall be located at the curbline and it has been determined that excavation is necessary, it shall be determined by the Township Engineer whether it is the responsibility of the owner/tenant or the township to make the repair.

§ 219-11. Proximity of other pipes to sewer lateral connections.EN

No water, gas or other pipes shall be within two (2) feet of a sewer connection.

§ 219-12. Discharges into stormwater drain.EN

In all cases where an owner of real estate shall desire to discharge any drainage of surface water, other than sewage, in any stormwater drain, he shall be at liberty to do so. In all cases for work of this character within the lines of any public street, application shall be made as in the case of sewers, and the proceedings in relation thereto shall be identical in all respects to those for lateral connection with public sewer main.

§ 219-13. Prohibited actions.

A. No person shall throw or deposit any substance in any sewer, stormwater drain, manhole, catch basin or inlet basin which may, in any manner, tend to interfere with the free passage of water or sewage in the sewer or drain.EN

B. No person shall deposit or discharge or cause or allow to be deposited or discharged into any sanitary sewer any volatile, flammable or explosive liquid or solid or any substance or material of any kind which may cause damage to or obstruct such sewer or any part thereof.

C. No person shall deposit or discharge or allow to be deposited or discharged into any storm sewer any volatile, flammable, explosive, odorous or offensive-smelling liquid or solid or any substance or material of any kind which emits foul or noxious odors, gases or vapors or which may cause damage to such sewer or any part thereof.

D. No person shall disturb any sewer, stormwater drain, manhole, catch basin or inlet basin without a proper permit therefor from the township.EN

§ 219-14. Compliance with other standards.EN

No permit shall be granted to connect with the public sewer main any building in which the plumbing does not comply with the requirements of the BOCA Basic Plumbing Code.EN

§ 219-15. Connection of cesspools or septic tanks to main.EN

A. No permit shall be granted to connect any cesspool or septic tank to a public sewer main.

B. Buildings which are found to be connected to any cesspool or septic tank shall be disconnected, and a new lateral connection for the building shall be made into the public sewer main as required under § § 219-4 and 219-9.

C. No sewer lateral constructed in any street or highway in the township shall be connected to the public sewer main unless the same shall have been constructed by the township or its agents or contractors or by the owner as required under § 219-4C.

§ 219-16. Connection of rainwater leaders to sewers.

No rainwater leader or other pipe for the drainage of any cellar or for the conveyance of stormwater or surface water shall be connected, directly or indirectly, to a sanitary sewer.

§ 219-17. Disconnection; reconnection fee.EN

If it shall appear that a building not provided with ventilating apparatus, as required by the rules of the Division of Health, is connected to a public sewer main or that any privy, privy vault or cesspool is connected to a public sewer main or that any building or premises has been connected to a public sewer main without a permit or in violation of this Article or in a manner different from that authorized by permit or contrary to the provisions of an ordinance regulating the plumbing and drainage of buildings as required under the BOCA Basic Plumbing Code, it shall be the duty of the Township Engineer to cause such lateral to be cut off. Upon compliance of the owner with the provisions of this Article and payment of an additional sum of six hundred dollars ($600.), the sewer lateral connection shall be restored by the owner.

§ 219-18. Violations and penalties.EN

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.

ARTICLE II, Sewer Use [Adopted 9-3-1985]

§ 219-19. Definitions.

Whenever used in the within Article, the following terms shall have the following meanings:

FLOTABLE OIL -- Oil, fat or grease in a physical state, such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of flotable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

NATURAL OUTLET -- An outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water, including the Passaic River or any of its tributaries.

SANITARY SEWER -- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground- , storm- and surface waters that are not admitted intentionally.

SANITARY WASTE -- Waste derived principally from dwellings, office buildings and sanitary conveniences; when segregated from industrial wastes, may come from industrial plants or commercial enterprises.

SEWAGE -- The spent water of a community. The preferred term is "wastewater."

SEWER -- A pipe or conduit that carries wastewater or drainagewater.

STORM DRAIN (sometimes called "storm sewer") -- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

STRENGTH OF WASTE -- A measurement of suspended solids and/or biochemical oxygen demand and/or chemical oxygen demand and/or any other parameter determined by the Passaic Valley Sewerage Commissioners (PVSC) as a fair indicator of the relative use, other than volumetric of PVSC facilities by industrial wastes.

§ 219-20. Treatment and permit required.

It shall be unlawful to discharge into any natural outlet within the municipality any wastewater or other polluted waters, except where suitable treatment has been provided and where a National Pollutant Discharge Elimination System permit has been obtained from the appropriate governmental authority, where required.

§ 219-21. Drainage restrictions.

No person shall make connection on roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or drain which, in turn, is connected, directly or indirectly, to a public sanitary sewer unless approved by the municipality for the purpose of the disposal of polluted surface drainage.

§ 219-22. Administration.

The governing body shall appoint or designate some suitable person to administer the within Article.

§ 219-23. Compliance with regulations.

All users of the wastewater facilities shall comply with the requirements of the written rules and regulations of the PVSC which have been adopted and which, from time to time, shall have been adopted, which regulations shall become effective upon filing of certified copies in the office of the Municipal Clerk after the effective date of the within Article.

§ 219-24. Violations and penalties.

A. Violations of any of the provisions of the within Article or any permit issued under the authority of the within Article may result in the termination of the permit and/or the termination of the authority to discharge into the system.

B. Any person violating any of the provisions of the within Article shall, upon conviction, be subject to a fine not to exceed one thousand dollars ($1,000.) or imprisonment not to exceed ninety (90) days, or both. Each and every day in which a violation of any provision of this Article exists shall constitute a separate violation.EN

Chapter 220, SEX OFFENDERS, REGISTERING OF

[HISTORY: Adopted by the Township Council of the Township of Bloomfield 9-19-1994. Amendments noted where applicable.]

§ 220-1. Definitions.

As used in this chapter, the following definitions shall apply:

CONVICTED OFFENDER -- Any person who has been convicted of a violation of the following statutes: N.J.S.A. 2C:14-2, 2C:14-3 and 2C:14-4, where the victim of said crime was a person under the age of eighteen (18).

PERMANENT RESIDENT -- Any person who resides within the Township of Bloomfield for more than thirty (30) days in any one (1) year.

§ 220-2. Registration required; information to be provided.

A. Any convicted offender who becomes a permanent resident of the Township of Bloomfield shall, upon obtaining permanent residence status as defined in this chapter, register at the Bloomfield Township Police Department. At the time of registration, the following information shall be supplied by the convicted offender:

(1) Name and social security number.

(2) Street address.

(3) Driver's license number.

(4) Make, model and license plate number of any motor vehicle owned or used.

(5) Nature of each and every offense committed.

(6) Date of each offense and date of each conviction.

(7) Date of release from custody.

(8) Prosecuting agency for each offense.

(9) Age of victim for each offense.

B. Obligation to provide that information contained in Subsection A above shall be a continuing obligation, and any change in any of the information so supplied shall be immediately reported to the Bloomfield Township Police Department.

§ 220-3. Maintenance of registry.

The Chief of Police shall maintain a registry of convicted offenders containing the information required in § 220-2 of this chapter in alphabetical order by street name, which registry shall be available at all times for inspection by any person. A copy of the registry shall also be forwarded by the Chief of Police to the Bloomfield Township Board of Education.

§ 220-4. Violations and penalties.

Unless otherwise provided by law, statute or ordinance, any person charged with violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine not less than one thousand dollars ($1,000.) nor more than five thousand dollars ($5,000.) and be subject to imprisonment for any term not exceeding ninety (90) days, or both.

§ 220-5. Construal of provisions.

This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of this municipality.

Chapter 222, SIGNS, LIGHTS AND AWNINGS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 25 of the 1962 Code. Sections 222-3B, 222-7 and 222-12 amended and § 222-15 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Building construction - See Ch. 87.

Zoning - See Ch. 271.

§ 222-1. Flat or curved signs, lights and transparencies.

Flat or curved signs, lights or transparencies which are parallel to the front of the building to which they are attached and fastened thereto for their entire length shall be no more than thirty (30) inches in height nor project more than twelve (12) inches over the sidewalk. The lower line of such signs, lights or transparencies shall be at least ten (10) feet above the sidewalk.

§ 222-2. Construction specifications for projecting signs.EN

A. Every sign or light projecting over a sidewalk, except those referred to in the preceding section, shall be attached to a building in such a manner that such sign or light shall be at a right angle with the sidewalk line, except at a street corner.

B. No such sign or light shall be more than one (1) foot in thickness or less than ten (10) feet above the sidewalk or project over the sidewalk more than six (6) feet. When the lower line of a sign is more than forty (40) feet above the sidewalk, such sign shall not project over the sidewalk more than four (4) feet.

C. No extension or additional sign of any kind shall be hung from or attached to any projecting sign.

§ 222-3. Dangerous projecting signs.

A. All projecting signs shall be so constructed and maintained so as not to be dangerous. Any such sign which is improperly erected or which becomes dangerous shall be repaired or removed by the owner or lessee of the building to which it is attached.

B. If any such dangerous or improperly erected sign shall not be repaired or removed by such owner or lessee within two (2) weeks after the receipt of a notice from the Township Clerk requiring such repairing or removal, the Building Inspector shall remove the sign. The cost of such removal shall be paid by the owner or lessee, who shall also be liable to the penalty imposed by § 222-15.EN

§ 222-4. Obstructing projecting signs.

No projecting sign shall be erected or maintained so as to obstruct any window or fire escape.

§ 222-5. Permit required for projecting signs or lights.

No person shall erect or place in position any sign or light projecting over a sidewalk except in accordance with the provisions of this chapter and without first obtaining a permit signed by the Building Inspector.

§ 222-6. Application for permit; deposit; issuance.

A. Every application for a permit required by the preceding section shall be in writing and signed by the owner or lessee of the building to which it is proposed to attach such sign or lights and shall be accompanied by a statement of the specifications for such sign or lights and a plan of the same showing the method of attachment to the building, which statement and plan shall be in duplicate.

B. Every application for a permit shall be accompanied by a deposit of twenty-five dollars ($25.), which deposit shall be returned to the applicant when the sign or lights have been erected and approved or the application has been refused, except as provided in § 222-12.

C. The permit shall be issued to the owner or lessee of the building.

§ 222-7. Permit fee.EN

All fees for required permits are on file in the office of the Department of Community Development and Inspections.

§ 222-8. When consent of adjoining property owner required.

No permit shall be issued for a projecting sign or lights attached to a building which adjoins a building occupied exclusively as a private dwelling until the written consent of the owner of such dwelling shall be obtained and filed with the application for a permit.

§ 222-9. Revocation of permit.

A permit to erect a projecting sign or lights shall be deemed to be a license, revokable at any time by the Building Inspector without compensation.

§ 222-10. Inspections; removal of signs or lights.

All projecting signs and lights shall be under the supervision of and subject to inspection by the Building Inspector. The Building Inspector is authorized to cause the removal of any projecting sign or light which shall erected or maintained contrary to the provisions of this chapter.

§ 222-11. Construction specifications for projecting illuminated signs.

All projecting illuminated signs, including the uprights, supports and braces for the same, shall be constructed of metal or other noncombustible material and shall be properly and firmly attached to a building. All exterior glass in such signs shall be wire glass or shatterproof safety glass with the safety glass trademark, maker's name or other identification etched or otherwise permanently applied to the glass.

§ 222-12. Approval required prior to construction of projecting illuminated signs.EN

A. The materials used in all projecting electrical signs and lights and the construction thereof shall be approved by the Building Inspector, and all electrical work in connection therewith shall be approved by the Superintendent of Electrical Services. The Building Inspector and Superintendent of Electrical Services shall file with the Director of Community Development and Inspections certificates of their approval before the deposit required by § 222-6 shall be returned.

B. If a projecting electrical sign or light shall be disapproved by either the Building Inspector or the Superintendent of Electrical Services, he shall so report to the Director of Community Development and Inspections, stating the changes required. The Director of Community Development and Inspections shall notify the person to whom the permit was issued of the changes which are necessary, and, unless such changes shall be made within two (2) weeks of the receipt of such notification, the deposit which accompanied the application for the permit shall be forfeited.

§ 222-13. Permit required for awnings.

No awning of any kind whatsoever shall be erected or maintained in the township which shall extend beyond the property line and into any street or part thereof unless a permit shall first have been secured by the person desiring to erect or maintain such awning from the Inspector of Buildings of the township. No permit for any such awning in any case will be issued by the Building Inspector where the framework of such awning is less than seven (7) feet in clear above the surface of the street or sidewalk over which the framework extends or where any portion of such awning is less than six (6) feet six (6) inches in the clear above any such surface over which the same extends, provided that the Building Inspector may issue temporary permits for the erection and maintenance temporarily of any awning and framework designed to afford a passageway across the street or part thereof to the abutting property in front of which the same is erected.

§ 222-14. Application for awning permit.

A. No permit for an awning shall in any case be issued until the applicant therefor shall have first filed his written application setting forth:

(1) The name and address of the applicant.

(2) The exact location where the awning is to be erected and maintained.

(3) The name of the owner or lessee of the premises where such awning is to be erected and maintained.

(4) A statement whether the awning is to be an overhanging awning or a passageway awning.

(5) Where the application is for a passageway awning, the date when the same is to be erected and when the same will be removed.

B. The application shall also be accompanied by written specifications stating the kinds of materials to be used and describing, in detail, the construction and method of anchoring such awning or awnings, together with a detailed sketch thereof.

§ 222-15. Violations and penalties.EN

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.

Chapter 225, SITE PLAN REVIEW EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 8-13-1979. Amendments noted where applicable.]

GENERAL REFERENCES

Land use procedures -- See Ch. 36.

Subdivision of land -- See Ch. 234.

Zoning -- See Ch. 271.

§ 225-1. Purpose.

This chapter establishes a site plan review process by the Planning Board for proposed development in Bloomfield. The purpose of the review is to ensure that new development will enhance the general appearance of the township; preserve existing natural resources on the site; provide for safe and efficient vehicular and pedestrian circulation, parking and loading; and provide for adequate screening and landscaping and a pleasing and efficient design of structures.

§ 225-2. Definitions.

A. All definitions found in the Zoning Ordinance of the Township of BloomfieldEN shall apply to this chapter.

B. Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.

§ 225-3. Review required; effect on building permit issuance.

A. Site plan review and approval shall be required before any increased change of use or addition of use or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development.

B. Prior to the issuance of a building permit, the Building Subcode Official shall require that the applicant submit site plans and other required information to the Planning Board for review. No building permit or certificate of occupancy shall be issued for any increased change of use, addition of use, additional building or structure unless the site plan is approved.

§ 225-4. Simultaneous review by Planning Board; notices. [Amended 10-15-1984]

A. The Planning Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with review for site plan approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply.

B. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for conditional use.

C. Public notice of a hearing on conventional site plan review and conditional use review is required in accordance with the provisions of N.J.S.A. 40:55D-12, except as provided under § 225-5 of this chapter.

§ 225-5. Exemptions and exceptions.

Site plan review requirements may be waived or exceptions may be granted under the following conditions:

A. The Planning Board may waive site plan review requirements for a proposed development when the impact of the proposed development on the community, surrounding neighborhood and site will be minimal. Based on a sketch plan, the Planning Board shall make such finding that the principles and standards as contained in § 225-12 of this chapter are substantially satisfied and that no further determination is required. Waiver of site plan requirements shall constitute Planning Board approval, and resolution of such action shall be forwarded to the Building Official.

B. Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as private garages or storage sheds incidental to residential uses, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by municipal ordinances.

C. The Planning Board, when acting upon applications for preliminary site plan approval, may grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter if the literal enforcement of one (1) or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 225-6. Submission of site plan.

A. The applicant shall submit ten (10) full sets of the site plans and other required information, together with a completed application form, to the Secretary of the Planning Board not less than fifteen (15) days prior to the date of the regular Board meeting at which it is desired that they be considered. Unless the applicant is informed, in writing, by the Secretary of the Planning Board within forty-five (45) days of the actual submission of the application that it is incomplete, said application shall be deemed completed as of the date it was submitted.

B. Prior to submission of a formal application, applicants may submit sketch site plans for informal discussions, review and recommendations by the Planning Board. Said sketch site plans shall be used as a basis for changes, redesign or waiver and to avoid undue expense and delay in preparing more detailed plans and specifications.

C. Nothing herein shall be construed to limit the right of a developer to submit a sketch plan to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submittal of a sketch plan and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

§ 225-7. Distribution of site plan for review.

A. Distribution to township officials.

(1) Upon receipt of a site plan application, the Secretary of the Planning Board shall immediately distribute one (1) copy of the site plan application for review and shall report, where required, to each of the following:

(a) The members of the Planning Board.

(b) The Township Engineer.

(c) The Police Chief, if appropriate.

(d) The Fire Chief, if appropriate.

(2) Each of the officials reviewing the site plan shall make a report to the Planning Board within ten (10) days. The report of the Township Engineer shall include a report on the adequacy of public utilities within the area and the effect of the proposed development upon said adequacy.

B. The applicant shall forward a copy of the application for site plan approval to the Essex County Planning Board for review whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6). The Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

§ 225-8. Preliminary and final approval.

A. The Planning Board shall have the power to grant preliminary and final approval simultaneously, provided that all application requirements have been met. However, the Planning Board shall not be bound by this provision and may defer final approval subject to the time limitations of this section.

B. If the proposed development complies with the standards of this chapter, the Planning Board shall grant preliminary approval, final approval or both or approval with conditions. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.

C. Upon final Planning Board action on the application, the Secretary of the Planning Board shall forward to the Building Official the resolution of the Planning Board concerning the subject application and specifying the conditions upon fulfillment of which the Building Official may issue a building permit.

D. Review periods.

(1) Time periods for review of site plans shall be the following:

(a) Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for ten (10) acres of land or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant.

(b) Upon submission of a complete application for a site plan of more than ten (10) acres, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the applicant.

(c) In the case that final approval is not granted simultaneously with preliminary approval, final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the Secretary of the Planning Board subsequent to preliminary approval or within such further time as may be consented to by the applicant.

(2) Failure of the Planning Board to act within the period prescribed shall constitute approval of the application as submitted. A certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

§ 225-9. Effect of approval.

A. Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and streetlighting. Nothing herein shall be construed to prevent the township from modifying by ordinance such general terms and conditions of preliminary approval as related to the public health and safety.

(2) That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

(3) That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

B. Final approval of a site plan shall confer upon the applicant the following rights:

(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to this chapter for the section granted final approval.

§ 225-10. Reservation of public areas.

A. General requirements. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins or public areas within the proposed development, before approving a site plan, the Planning Board may require that such streets, ways, basins or areas be shown on the site plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat or within such further time as may be agreed to by the developer. Unless, during such period or extension thereof, the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas the developer shall not be bound by such reservations shown on the plan and may proceed to use such land for private use in accordance with applicable development regulations.

B. Applicability. The provisions of this section shall not apply to streets and roads, flood-control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

C. Compensation. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining site plan approval caused by the reservation.

§ 225-11. Site plan details.

A. The site plan shall consist of a location map, a site plan map of the affected property and such other maps and information as listed below. The Planning Board may, at the request of the applicant, waive any of the various requirements of the maps and submissions.

B. All maps shall:

(1) Show the name of the applicant and the owner and the Tax Map, block and parcel numbers of the property in question.

(2) Show the name and address of the person preparing the plan.

(3) Have a North point, scale and date on which the plan was prepared and the date of every revision.

(4) Provide a place for the signature of the Chairman and Secretary of the Planning Board.

(5) Be of a size eight and one-half by thirteen (8 1/2 x 13), fifteen by twenty-one (15 x 21), twenty-four by thirty-six (24 x 36) or thirty by forty-two (30 x 42) inches.

(6) Be based on the latest Tax Map information.

C. The location map shall:

(1) Be drawn at a scale not smaller than one (1) inch equals one hundred (100) feet, showing the location of the property, all streets, driveways and property lines within two hundred (200) feet of the affected property and all buildings or structures proposed by the applicant.

(2) Identify the location of the property in question.

(3) Identify all properties within two hundred (200) feet of the property in question by block and parcel number and name of owner.

(4) Indicate the zoning district in which the property is located and the zoning of all property within a two-hundred-foot radius of the property in question.

D. The site plan map(s) shall:

(1) Be drawn at a scale not smaller than one (1) inch equals fifty (50) feet. The Township Engineer may give permission to use another scale upon request by the applicant.

(2) Show all lot line dimensions and the total area of the site.

(3) Show the location of all existing buildings, culverts, storm sewers, sanitary sewers, waterlines, fire-protection facilities, electric and telephone lines (both above and below ground) and poles, gas and underground heating systems, pipelines and other man-made features.

(4) Show the location of all existing streets and highways on or adjacent to the property affected, including names, right-of-way widths, pavement widths, curbs or sidewalks.

(5) Show the location of all existing easements and rights-of-way and the purposes for which they have been established.

(6) Show the location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas, with a diameters of six (6) inches or more as measured three (3) feet above the base of the trunk or other significant existing features as determined by survey.

(7) Show the topography of the site, including existing elevations or contours, at vertical intervals of two (2) feet.

(8) Show any designated streets, public drainageways, flood-control basins or public areas within the proposed site designated for public reservation in the Township Master Plan or Official Map.

(9) Show the topography of the site after development at two-foot contour intervals.

(10) Show all proposed streets with profiles indicating grading and cross sections showing the width of the roadway, curbing, location and width of sidewalk and other specifications of the Township of Bloomfield.

(11) Show the location of proposed buildings and structures, all accessory structures and fences, if any, including setback, side and rear yard distances, heights of buildings and dimensions showing present and future grade elevations at all corners and entrances of said structures, and floor plans thereof.

(12) Show the number of dwelling units, if residential.

(13) Provide a design view of the front, side and rear elevations of the proposed structure or structures. Design view elevations are also to be shown where proposed additions or alterations affect such elevations.

(14) Show the location, type and details of proposed signs and outdoor lighting, including dimensions, radius of light and intensity of illumination.

(15) Show the location, type and size of proposed culverts, storm sewers, sanitary sewers, fire protection, electric and telephone lines and poles, gas and underground heating systems, pipelines and all other utilities, both above and below ground, including the connection of such proposed facilities with the existing facilities according to the standards and specifications of the Township of Bloomfield.

(16) Show all means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts, including the organization of traffic channels, acceleration and deceleration lanes, additional width and any other improvements necessary to prevent a difficult traffic situation. All pedestrian walkways and provisions for handicapped facilities should also be shown.

(17) Show the number, location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers and proposed direction of movement.

(18) Show all proposed screening and landscaping, including a planting plan, in conformance with the applicable ordinance of the Township of Bloomfield. If provided, all recreation areas shall be indicated.

(19) Indicate methods and placement of solid waste disposal and storage facilities.

(20) Include, if applicable, a detailed proposal, including covenants, agreements or other specific documents showing the ownership and method of assuring perpetual maintenance to be applied to those areas which are to be used for recreational or other common purposes.

(21) Indicate the proposed sequence of development with projected time schedule for completion of each of the several elements, Such projection shall include, where applicable, the removal of structures, trees and brush, temporary drainage considerations, utilities, road and sidewalk improvements and provisions for the protection of topsoil.

E. The Planning Board may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, economic data, proposed business or activity, hours of operation and similar information.

F. The site plan application shall include certification that no taxes or assessments for local improvements are due or delinquent on the property.

§ 225-12. Principles and standards for site plan review.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the Township of Bloomfield. The Planning Board shall review the site plan for compliance with all applicable ordinances and the Master Plan; for harmony with surrounding uses and the overall plan for development of the township; for the promotion of the health, safety, order, efficiency and economy of the township; and for the maintenance of property values and the general welfare. Based upon its review and the degree to which it can make positive findings, the Board may approve, conditionally approve, request modifications to or deny approval of the site plan based on evaluation of the site plan details with respect to:

A. The site plan's compliance with all provisions of the Zoning Ordinance,EN including but not limited to consistency of the layout or arrangement of land development with the requirements of the Zoning Ordinance; off-street parking and loading; signs and lighting; open space; and the generation of objectional smoke, fumes, noise, odors, dust, glare, vibration or heat.

B. The site plan's compliance with all requirements and standards of the Subdivision Ordinance,EN including but not limited to standards for construction, layout, dimensions and materials.

C. The preservation of existing natural resources on the site, where feasible, and contribution to the environmental quality of the surrounding properties and neighborhood.

D. The relationship of the development to adjacent uses in terms of harmonious use and design and intensity of development.

E. The provisions of a safe and efficient vehicular and pedestrian circulation system.

F. The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

G. The coordination of streets so as to compose a convenient system consistent with the circulation element of the Master Plan.

H. The design and location of off-street parking and loading areas to ensure that all such facilities are usable and are safely and conveniently arranged.

I. The design and location of buildings in an efficient and aesthetically pleasing manner.

J. The adequacy of the screening and landscaping plan to shield activities from adjacent properties when necessary and to provide a pleasing design and arrangement.

K. The location of exterior lighting to satisfy safety and security needs and to minimize intensity and glare.

L. The suitable location, size and configuration of open space areas.

M. The protection and conservation of soils from erosion by wind or water or from excavation or grading.

N. The protection of land designated as subject to flooding.

O. Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.

Chapter 227, SMOKING

[HISTORY: Adopted by the Council of the Township of Bloomfield 3-15-1993. Amendments noted where applicable.]

GENERAL REFERENCES

Public health nuisances -- See Ch. 322.

Air pollution -- See Ch. 326, Art. I.

§ 227-1. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

MUNICIPAL BUILDINGS -- Structures owned and operated by the Township of Bloomfield and/or occupied by township employees and used for official business of the Township of Bloomfield.

MUNICIPAL COURT -- All sessions of the Municipal Court of the Township of Bloomfield, regular and special, held in the Municipal Building.

OFFICE -- All areas within the Municipal Building that are used by borough officials for the transaction of township business with the general public.

PUBLIC MEETING -- Any meeting conducted in the Municipal Building by any board, commission, committee, council, agency or department of the Township of Bloomfield to which the public is invited, allowed or encouraged to attend.

SMOKING -- Includes carrying or having in one's possession a lighted cigar, cigarette, pipe or any other lighted smoking equipment.

VEHICLES -- Any motor vehicle, car, truck, bus or conveyance registered to the Township of Bloomfield.

§ 227-2. Determination.

The Township Council of the Township of Bloomfield does hereby determine that smoking of tobacco in any form constitutes a fire and safety hazard and a nuisance in the Municipal Buildings of the Township of Bloomfield and requires the prohibition thereof.

§ 227-3. Restrictions.

A. Smoking shall be prohibited throughout all Municipal Buildings during the following times:

(1) During the hour immediately preceding a scheduled public meeting or session of Municipal Court.

(2) During the time that the public meeting or session of Municipal Court is in progress.

(3) During the hour immediately following the close of the public meeting or session of Municipal Court.

B. Smoking shall be prohibited throughout the Municipal Buildings during regular business hours and one (1) hour before and after they are open to the general public.

C. Smoking is prohibited in any vehicle registered to the Township of Bloomfield.

§ 227-4. Posting of restrictions.

A. "NO SMOKING" signs shall be conspicuously posted at all times provided for in § 227-3.

B. No person shall remove, deface or conceal any sign required or erected by or under the authority of this chapter.

§ 227-5. Violations and penalties.

Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a maximum fine of not more than one hundred dollars ($100.) or thirty (30) days imprisonment, or both.

§ 227-6. Enforcement.

Any person may enforce this chapter by signing a complaint in Municipal Court.

Chapter 230, STREETS AND SIDEWALKS EN

[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Secs. 26-1, 26-6, 26-7 and 26-15 of the 1962 Code; Art. II, 11-19-1962 as Sec. 26-2 of the 1962 Code; Art. III, 11-19-1962 as Secs. 26-8 through 26-10.1 of the 1962 Code; Art. IV, 11-19-1962 as Secs. 26-11 through 26-14 of the 1962 Code; Art. V, 11-19-1962 as Ch. 26, Art. II, of the 1962 Code; Art. VI, 11-19-1962 as Ch. 26, Art. III, of the 1962 Code; Art. VII, 11-19-1962 as Ch. 26, Art. IV, and Sec. 17-25 of the 1962 Code; Art. VIII, 11-19-1962 as Secs. 17-11 through 17-16 of the 1962 Code. Sections 230-5, 230-7, 230-16A, 230-32, 230-38 and 230-48 added and §§ 230-6, 230-11, 230-15, 230-18, 230-21A, 230-33B, 230-35 and 230-52 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds -- See Ch. 84.

Off-street parking -- See Ch. 187.

Sewers -- See Ch. 219.

Site plan review -- See Ch. 225.

Subdivision of land -- See Ch. 234.

Zoning -- See Ch. 271.

ARTICLE I, General Provisions [Adopted 11-19-1962 as Secs. 26-1, 26-6, 26-7 and 26-15 of the 1962 Code]

§ 230-1. Permits subject to suspension or revocation.

Any license or permit granted by the Township Council or by any board, department, bureau or official of the township for the erection, installation, laying, existence or maintenance of any object, obstacle, obstruction, projection, construction or any other matter or thing of any kind or nature whatsoever in, under, upon or across any street, highway, sidewalk, stream, park, playground or other public place or property of any kind or nature whatsoever shall be subject to suspension, rescission and revocation at the pleasure of the Council, without compensation, without cause and notwithstanding that the time for which such license or permit was granted shall not have expired.

§ 230-2. Naming new streets.

The name of any new street shall be submitted to the Township Council for its approval. Such name shall be unlike the name of any other street in the township before such street shall be dedicated to public use.

§ 230-3. Changing names of existing streets.

When the owners of two-thirds (2/3) of the real estate fronting along any street in the township shall petition the Township Council, in writing, to change the name of such street, the Township Council shall pass an ordinance changing the name of such street to the name designated or prayed for in such petition, provided that such name shall be unlike the name of any other street in the township and also provided that the cost of the official publication of such ordinance shall be paid for by the owners of real estate petitioning for such change of name.

§ 230-4. Duty of business owners. [Amended 11-7-1988]

A. The owners or occupants of stores or other places of business shall keep the sidewalks and gutters in front of their respective premises in a clean and orderly condition.

B. In order to properly maintain a clean and orderly condition as hereinabove set forth, it shall be the duty of the owners or occupants to broom-clean the sidewalks and gutters within thirty (30) minutes after the opening of the premises for business; between the hours of 12:00 noon and 1:00 p.m.; and within thirty (30) minutes prior to the closing of the premises for business that day.

§ 230-5. Violations and penalties. [Added 11-2-1987]

Any person who violated any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.

ARTICLE II, Excavations [Adopted 11-19-1962 as Sec. 26-2 of the 1962 Code]

§ 230-6. Permit required. [Amended 11-2-1987]

No person shall remove, disturb, excavate or dig up, or cause or procure to be removed, disturbed, excavated or dug up, the surface of any public street or any sidewalk or pavement thereon until he has first received a written permit to be issued by the Township Engineer.

§ 230-7. Violations and penalties. [Added 11-2-1987]

Any person who violates any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.

ARTICLE III, Snow and Ice Removal [Adopted 11-19-1962 as Secs. 26-8 through 26-10.1 of the 1962 Code]

§ 230-8. Time limit for removal; deposit onto streets prohibited. [Amended 2-2-1970; 11-7-1994]

A. The owner or tenant of lands abutting or bordering upon public sidewalks of the township shall remove all snow and ice from the sidewalks in front of or bordering on his/her lands within twelve (12) hours of daylight after the same shall fall or be formed thereon.

B. The owner or tenant of lands abutting or bordering upon public streets shall not shovel, move or transport snow or ice from driveways or sidewalks and deposit some onto the street.

C. Drivers of motorized vehicles who park said vehicles on any public street in the township shall remove all snow and ice from the vehicle and its parking space within forty-eight (48) hours of daylight after the same shall fall or be formed thereon. This snow and ice may not be moved to another location on a public street or a public sidewalk.

§ 230-9.EN Time limit for removal; removal of grass, weeds and impediments. [Added 11-16-1998]

The owner or tenant of lands shall be responsible for the removal of all grass, weeds and impediments from that portion of the right-of-way of the Township of Bloomfield lying between the curb and sidewalk in front of, abutting or bordering on his/her lands within three days after notification by the township or with a reasonable time due to inclement weather.

§ 230-10. Garden and high-rise apartments. [Added 2-2-1970]

The owner of any garden apartment and the owner of any high-rise apartment in the township shall remove all snow and ice from the sidewalks, roadways (with dedicated and accepted public roadways of the town excepted), parking areas, walks from the sidewalks to the entrances of the structures on the premises, walks and stairways to basements, storage areas and refuse storage areas of such garden apartments and high-rise apartment complexes within twelve (12) hours of daylight after the same shall fall or be formed thereon.

§ 230-11. Violations and penalties. [Amended 11-2-1987; 10-18-1993]

Any person violating any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.

ARTICLE IV, Obstructions in Gutters [Adopted 11-19-1962 as Secs. 26-11 through 26-14 of the 1962 Code]

§ 230-12. Duty of owners and tenants.

The owner or tenant of lands abutting, fronting or bordering upon any public street in the township shall remove or cause to be removed from the gutters in front of or bordering the lands all obstructions of whatsoever kind, including pipes; wooden, concrete or metal bridges; stones; rocks; wood; or any other material which may interfere with the free and unobstructed flow of storm- or rainwater.

§ 230-13. Time limit for removal.

The owner or tenant of land abutting or bordering upon any street in the township shall remove all obstructions from the gutters as provided in the preceding section within thirty (30) days after receiving notice to do so from the Township Engineer.

§ 230-14. Removal by township; liens.

A. In case such owner or tenant shall neglect or refuse to remove the obstructions from the gutters within the time limit provided in § 230-13, such obstruction shall be removed under the direction of the Township Engineer.

B. The cost of removing such obstruction shall be certified by the Township Engineer, who shall examine the certificate and, if found correct, shall cause the cost, as shown thereon, to be charged against the lands abutting or bordering the street from which such obstruction was removed. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as taxes and be collected and enforced by the same officers and in the same manner as taxes.

§ 230-15. Violations and penalties.EN

A. In addition to the liability for costs of removing obstructions as provided for by § 230-14, any person violating the provisions of §§ 230-12 and 230-13 will be subject to the penalties as provided by Subsection B below.

B. Any person who violates any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.

ARTICLE V, Sidewalks, Curbs and Gutters [Adopted 11-19-1962 as Ch. 26, Art. II, of the 1962 Code]

§ 230-16. Permit required for construction; duration.

A. The installation, repair or replacement of curbs and sidewalks is the responsibility of the abutting property owner.EN

B. No sidewalk, curb, driveway, gutter or drain across the sidewalk space shall be laid in any street in the township until a written permit, signed by the Township Engineer, shall have been issued. All such permits shall be valid for three (3) months from the date of issuance.

§ 230-17. Application for permit

Any person desiring a permit required by § 230-16 shall make an application, in writing, to the Township Engineer on a blank form provided by the township. The application shall specify the location, material and width of the sidewalk, curb, driveway, gutter or drain and the size of the drain across the sidewalk space.

§ 230-18. Bonds.EN

No permit under § 230-16 will be granted to a contractor until he shall have filed with the Township Engineer a bond, in the amount of one thousand dollars ($1,000.), with a responsible surety company as surety, conditioned for the proper performance by the contractor of all work undertaken by him in the township under the provisions of this Article during the period of one (1) year from the date of the bond. All such bonds shall be approved by the Township Attorney.

§ 230-19. Supervision of work.

The work of constructing, repairing or relaying sidewalks, curbs, driveways, gutters and drains across sidewalk spaces shall be done under the supervision of the Township Engineer, and all materials used and workmanship shall receive his inspection and approval.

§ 230-20. Lines and grades.

All sidewalks, curbs, driveways, gutters and drains across sidewalk spaces shall be laid in accordance with lines and grades furnished by the Township Engineer and not otherwise. Lines and grades will be furnished without the payment of any fee.

§ 230-21. Relaying of sidewalks; slope.

A. Any sidewalk in any public street which shall be out of line or grade shall be relaid by the owner of the property within thirty (30) days after notice from the Township Engineer to do so, unless the property owner shall give satisfactory reasons to the Township Council for such work not being done.EN

B. The grade of the ground adjoining a sidewalk shall be maintained sufficiently low on one (1) side to prevent the collection of water on the sidewalk.

§ 230-22. Removal of rubbish; grading; fill.

A. After laying a curb or sidewalk, all rubbish shall be promptly removed from the street, and the entire space between the curbline and the property line shall be properly graded.

B. Where a fill is necessary, the slope on the property side shall begin at the property line, and no portion shall be within the street lines. A one-and-one-half-horizontal-to-one-vertical slope is recommended for fill.

§ 230-23. Private or new streets.

A. All sidewalks, curbs, driveways, gutters and drains across sidewalk spaces laid in any private street or in a street of any new development shall conform in all respects with the regulations governing public streets. Failure to comply with such regulations will be sufficient cause for the township to reject any proffered dedication of such streets.

B. Lines, grades and inspections of work in private streets will be furnished by the Township Engineer upon the payment to the township of the cost thereof when specifically directed by the Township Council.

§ 230-24. Seasonal work; precautions against freezing.

A. Concrete work incidental to the construction or repair of sidewalks, curbs, driveways or gutters shall not be done during the period from December 1 of any year to April 1 of the following year. This shall not be construed to prevent emergency repairs to flag sidewalks during this period.

B. The Township Engineer may require that such concrete work done during the month of November in any year shall be laid under special precautions and thereafter protected against freezing in an approved manner.

§ 230-25. Protection of concrete.

All concrete work laid under the provisions of this Article must be properly protected by barricades until the cement shall be sufficiently hardened to carry its traffic. When required, all concrete work must be kept covered for three (3) days and kept moist by sprinkling.

§ 230-26. Removal or cutting of trees.

Whenever it shall be necessary to remove or cut any shade tree in order to perform work under the provisions of this Article, the consent of the Township Council must first be obtained.

§ 230-27. Material specifications.

Every person, in doing any work under the provisions of this Article, shall conform to the following specifications:

A. Sand. The sand shall be approved, clean, sharp, coarse sand, having by bulk not more than five percent (5%) of loam.

B. Cement. Before any cement is furnished, the brand shall be approved by the Township Engineer, and, if required, samples shall be submitted to him for testing. In general, tests will conform to the methods recommended by the Committee on Uniform Tests of Cement of the American Society of Civil Engineers.

C. Stone. All stone used in concrete for curb or sidewalk purposes shall not be larger than will pass through a one-inch ring or smaller than one-fourth (1/4) of an inch in its smallest dimension. Stone shall be traprock or a stone of equal hardness and durability, clean and free from foreign matter.