Ordinances - 2014

BOROUGH OF MILFORD ORDINANCE NO. 809-2014 CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS , the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS , the Common Council of the Borough of Milford in the County of Hunterdon finds it advisable and necessary to increase its CY 2014 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS , the Common Council of the Borough of Milford hereby determines that a 3.5 % increase in the budget for said year, amounting to $54,581.45 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Common Council of the Borough of Milford hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED , by the Common Council of the Milford, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2014 budget year, the final appropriations of the Borough of Milford shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $54,581.45, and that the CY 2014 municipal budget for the Borough of Milford be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

_____________________ JAMES A. GALLOS MAYOR

ATTEST: _____________________ KAREN DYSART, RMC MUNICIPAL CLERK

Introduction : February 18, 2014 Public Hearing : March 17, 2014 Adoption : March 17, 2014 Publication : March 20, 2014 FINAL ADOPTION - ROLL CALL VOTE AYES

NAYS

ABSTAIN

ABSENT

Sniffin, G. Bigley, R. Heller, C. Huzar, A..

x x

x

x LaFevre, N.. x Pursell, D. x

BOROUGH OF MILFORD ORDINANCE NO. 810-2014

AN ORDINANCE TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF EACH OFFICER AND EMPLOYEE OF THE BOROUGH OF MILFORD AND THE METHOD OF PAYMENT OF SUCH COMPENSATION BE IT ORDAINED by the MILFORD BOROUGH COMMON COUNCIL of the Borough of Milford, in the County of Hunterdon, State of New Jersey, as follows: MAYOR…………………… ...................................................................... $ 2,800.00 Per Year COUNCIL ............................................................................................... $ N/A COUNCIL ............................................................................................... $ 2,200.00 Per Year COUNCIL ............................................................................................... $ 2,200.00 Per Year COUNCIL ............................................................................................... $ 2,200.00 Per Year COUNCIL ............................................................................................... $ 2,200.00 Per Year COUNCIL ............................................................................................... $ 2,200.00 Per Year TAX COLLECTOR/TAX SEARCH OFFICER........................................... $ 11,529.00 Per Year Long Term Care Payment (Tax Collector)............................................. $ 2,200.00 Per Year CHIEF FINANCIAL OFFICER/TREASURER .......................................... $ 15,000.00 Per Year CERT MUNICIPAL CLERK/REG/DOG AGT/ASSESS OFFICER ............ $ 42,357.00 Per Year SUPR. CERTIFYING PENSION/ADMIN. FIRE OFFICIAL RIMS ............ $ 4,160.00 Per Year ZONING OFFICER ................................................................................. $ 3,846.00 Per Year CERTIFIED PUBLIC WORKS MANAGER ............................................. $ 18,809.00 Per Year BOROUGH MAINTENANCE I-Roads/Water/Sewer ................................ $ 40,560.00 Per Year BOROUGH MAINTENANCE II -Roads/Water/Sewer .............................. $ 32,240.00 Per Year SUPERINTENDENT WATER DEPARTMENT ........................................ $ 47,880.00 Per Year SUPERINTENDENT SEWER UTILITY ................................................... $ 48,428.00 Per Year TAX ASSESSOR..................................................................................... $ 10,476.00 Per Year FIRE OFFICIAL ...................................................................................... $ 4,991.00 Per Year PLANNING BOARD CLERK ................................................................... $ 8,357.00 Per Year EMERGENCY MANAGEMENT OFFICIAL.............................................. $ 1,364.00 Per Year MAGISTRATE .......................................................................................... $ 2,000.00 Per Year COURT CLERK/ADMINISTRATOR .................................................... .... $ 12,000.00 Per Year PROSECUTOR .........................................................................................$ 1,620.00 Per Year PUBLIC DEFENDER .................................................................................$ 1,000.00 Per Year RECYCLING COORDINATOR …..............................................................$ 536.00 Per Year HEAD LIBRARIAN OF MILFORD PUBLIC LIBRARY............................... $ 24,322.00 Per Year TREASURER OF MILFORD PUBLIC LIBRARY......................................... $ 1,631.00 Per Year CUSTODIAN OF MILFORD PUBLIC LIBRARY......................................... $ 1,323.00 Per Year WATER/SEWER COLLECTOR............................................................... $ 914.00 Per Year DEPUTY CLERK/REGISTRAR/TAX COLLECTOR ................................ $ 17.01 Per Hour GENERAL LABORER............................................................................. $ 16.17 Per Hour CLERICAL/PART TIME........................................................................... $ 17.01 Per Hour SEWER UTILITY/PART TIME/GRADE II................................................. $ 18.98 Per Hour SCHOOL CROSSING GUARD ............................................................... $ 15.43 Per Hour ASSISTANT LIBRARIAN OF MILFORD PUBLIC LIBRARY..................... $ 11.52 Per Hour SUBSTITUTE LIBRARIAN OF MILFORD PUBLIC LIBRARY.................. $ 11.52 Per Hour 1. The Mayor and Council Commissioners shall be paid quarterly on the 15 th day of March, June, September and December. 2. The following salaries and wages shall be paid on the 15 th and the last working day of each month: Borough Clerk, Tax Collector, Borough Maintenance, Supt. Public Utilities, Chief Financial Officer/Treasurer, Head Librarian and General Laborers. 3. All remaining salaries and wages shall be paid monthly. Verification of overtime and/or other compensation must be submitted by the end of the month in which it was earned. 4. The duties and terms of employment of the Borough’s officers and employees, except as otherwise provided by Statute, shall be as set forth in an Ordinance of the Governing Body. The hours of employment and other pertinent information pertaining to the offices and positions shall be set forth in a Resolution of the Governing Body. 5. Those employees who are employed on a full-time basis, as defined by N.J.S.A. 52:14-17.26 , shall also be eligible for the New Jersey State Health Benefits Program, and the Borough of Milford, pursuant to Milford Borough Resolution RE2011-108 has established that employees are deemed to be employed on a full-time basis if said employee works a minimum of twenty-five (25) hours per week.

6. The Treasurer shall present monthly to the Governing Body for approval, warrants drawn to the order of the Borough of Milford Payroll Account as follows: a. In advance for all employees whose salaries are on an annual or weekly basis when such salaries are due and payable prior to the next Regular Meeting of the Governing Body. b. At the first meeting of the Governing Body in January each year there shall be approved an account to be designated “The Borough of Milford Payroll Account” and from time to time the Treasurer, upon receipt of a warrant for the amount due to such payroll account, shall deposit the same to the credit of the Payroll Account, charging the appropriate budgetary accounts therewith. c. The Treasurer shall thereafter draw checks on said payroll account to the employees entitled to payment therefrom. d. At each regular meeting of the Governing Body, the Treasurer shall submit for the approval or ratification as the case may be, the necessary payrolls for the amount due the officers and employees for compensation. The payroll shall be considered by the Governing Body in due course and approved if found to be correct. e. In case of error adjustment in the payroll, the Treasurer shall, and it shall be his/her duty to see that such error adjustment is properly corrected and an appropriate record made thereof. f. Such officers as may be designated by the Governing Body are hereby authorized to sign warrants drawn in favor of the payroll upon due notice that the appropriate payrolls have been approved by the proper committee and by the proper certifying authorities, which certifying authorities and committee shall be those designated in the Resolution mentioned in Section 5 thereof. 7. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

___________________ JAMES A. GALLOS MAYOR

ATTEST:

_______________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction: 03/17/2014 Public Hearing: 04/07/2014 Adoption: 04/07/2014 Publication 04/17/2014

FINAL ADOPTION ROLL CALL VOTE

NAME

AYES

NAYS

ABSTAIN

ABSENT

Heller, C. Bigley,R. Huzar, A. LaFevre, N. Pursell, D Sniffin, G.

x

x x x x x

BOROUGH OF MILFORD ORDINANCE NUMBER 811-2014 AN ORDINANCE APPROPRIATING THE SUM OF $50,000.00 CURRENTLY LOCATED WITHIN THE CAPITAL IMPROVEMENT FUND FOR ROAD IMPROVEMENTS WHEREAS, there are currently funds, raised by the current and previous budgets, within the Capital Improvement Fund of the Borough of Milford and, WHEREAS, it is deemed appropriate to make use of $50,000.00 for the allowable capital improvement for road improvements in the Borough. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of $50,000.00 presently located in the Capital Improvement Fund is hereby appropriated for road improvements. Section 2 In connection with the amount authorized in Section 1 hereof, the Mayor and Council makes the following determinations.

a) The purpose described in Section 1 hereof is not a current expense and is an improvement which the Borough may lawfully make as a general capital improvement. b) The period of usefulness of the purpose described in Section 1 hereof is not in the limitation of the Local Bond Law and the reasonable life thereof is at least five (5) years.

Section 3

All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. This ordinance shall take effect immediately after final passage, approval, and publication as provided by law.

Section 4

_______________________________ JAMES A. GALLOS, MAYOR

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : May 5, 2014 Public Hearing : June 9, 2014 Adoption : June 9, 2014 Publication : July 3, 2014 FINAL ADOPTION ROLL CALL VOTE NAME AYES

NAYS

ABSTAIN

ABSENT

Heller, C. x Bigley, R. x LaFevre, N. x Castagna, R. x Pursell, D x Sniffin, G. x

BOROUGH OF MILFORD ORDINANCE NUMBER 812-2014

AN ORDINANCE TO AMEND ORDINANCE #798-2012 TO APPROPRIATE AN ADDITIONAL $10,000.00 CURRENTLY LOCATED WITHIN THE CAPITAL IMPROVEMENT FUND OF THE BOROUGH OF MILFORD FOR CODIFICATION OF BOROUGH ORDINANCES WHEREAS, there are currently funds, raised by the current and previous budgets, within the Capital Improvement Fund of the Borough of Milford and, WHEREAS, it is deemed appropriate to make use of $10,000.00 for the allowable capital improvement of Codification of the Borough Ordinances. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of $10,000.00 presently located in the Capital Improvement Fund is hereby appropriated for the Codification of the Borough Ordinances. Section 2 In connection with the amount authorized in Section 1 hereof, the Mayor and Council makes the following determinations. a) The purpose described in Section 1 hereof is not a current expense and is an improvement which the Borough may lawfully make as a general capital improvement. b) The period of usefulness of the purpose described in Section 1 hereof is not in the limitation of the Local Bond Law and the reasonable life thereof is at least five (5) years. Section 3 All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. Section 4 This ordinance shall take effect immediately after final passage, approval, and publication as provided by law. _______________________________ JAMES A. GALLOS, MAYOR ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : June 9, 2014 Public Hearing: August 4, 2014 Adoption : August 4, 2014 Publication : August 14, 2014 FINAL ADOPTION ROLL CALL VOTE NAME AYES NAYS ABSTAIN ABSENT

Heller, C. x Bigley, R. x Castagna, R. x LaFevre, N. x Pursell, D Sniffin, G. x

x

BOROUGH OF MILFORD ORDINANCE NUMBER 813-2014

AN ORDINANCE APPROPRIATING THE SUM OF $20,000.00 CURRENTLY LOCATED WITHIN THE CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO THE BOROUGH PARK WHEREAS, there are currently funds, raised by the current and previous budgets, within the Capital Improvement Fund of the Borough of Milford and, WHEREAS, it is deemed appropriate to make use of $20,000.00 for the allowable capital improvement for improvement to the Borough Park. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: Section 1 The sum of $20,000.00 presently located in the Capital Improvement Fund is hereby appropriated for improvements to the Borough Park. Section 2 In connection with the amount authorized in Section 1 hereof, the Mayor and Council makes the following determinations. a) The purpose described in Section 1 hereof is not a current expense and is an improvement which the Borough may lawfully make as a general capital improvement. b) The period of usefulness of the purpose described in Section 1 hereof is not in the limitation of the Local Bond Law and the reasonable life thereof is at least five (5) years. Section 3 All ordinances or parts of ordinances which are inconsistent with the terms of this ordinance be and the same are hereby repealed to the extent of their inconsistency. Section 4 This ordinance shall take effect immediately after final passage, approval, and publication as provided by law. _______________________________ JAMES A. GALLOS, MAYOR ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : July 7, 2014 Public Hearing : August 4, 2014 Adoption : August 4, 2014 Publication : August 14, 2014 FINAL ADOPTION ROLL CALL VOTE NAME AYES NAYS ABSTAIN ABSENT Heller, C. x

Bigley, R. x LaFevre, N. x Castagna, R. x Pursell, D Sniffin, G. x

x

ORDINANCE DIED BOROUGH OF MILFORD ORDINANCE NUMBER 814-2014 CHAPTER 112 JUNK, ABANDONED VEHICLES, INOPERABLE VEHICLES ARTICLE I: JUNK

§112-1 Purpose. This Chapter is adopted for the preservation of the public health, welfare and safety in that deteriorating vehicles, machinery and other junk are not merely unsightly but are attractive to young children, who may be injured when playing in such neighborhood, and also breed disease, becoming infested with vermin and trapping foul water, and it is the objective of this Chapter to remove the causes of such effects. §112-2 Definitions and word usage. A. The singular number shall include the plural, the plural number, and the masculine gender shall include the feminine and neuter. B. The following words or phrases, as used in this Chapter, are hereby defined unless in the context a different meaning obviously is intended: 1. Abandon – To relinquish or appear to relinquish all connection with and concerning an automobile or other property. 2. Automotive Junk – As included in the word “junk”, all automobiles, motorcycles, trucks, motor vehicles, tractors and apparatus propelled by other than muscular power and capable of transporting passengers or merchandise that have been abandoned or discarded. 3. Garage – Any building in which a motor vehicle is or may be stored. 4. Junk – Any apparatus or device of whatever material or any part or parts thereof which may be discarded or abandoned. Any such apparatus or device placed on the land or property of another person without the consent and permission of the owner of such land or property shall be deemed discarded “junk”. 5. Person – Includes a person, individual, association, company, co-partnership and corporation and any group of persons, whether joint or several. 6. Private Lands – All property other than public. 7. Public Lands – All properties devoted to public use, including those whereon public buildings are erected, and all streets, roads or highways, however designated. A. Nothing contained in this Chapter shall be construed to be contrary to the provisions of the Motor Vehicle Junk Law, N.J.S.A. 39:11-1 et seq. Nothing contained herein shall be construed to permit, suffer or allow the conduct of any motor vehicle junk business or other junkyard. B. The provisions of this Chapter shall not be construed so as to permit the use of any lands or building for a use contrary to the provisions of Chapter 190, Zoning. C. The provisions of this Chapter shall not apply to the deposit of junk for garbage collection or recycling, as required or permitted by the Borough Code or other law, nor shall the same be deemed to limit, prevent or otherwise restrict the Borough or its agents, servants §112-3 Interpretation; Exceptions:

and employees in the collection, storage or disposal of junk or in the performance of public business or other related duties. D. Nothing contained in this Chapter shall be construed so as to prohibit the storage of materials in any building.

§112-4

Regulations:

A. No person shall park, deposit, discard or place any junk or any automotive junk on the lands of another without the express consent of the owner thereof. B. No person shall park, deposit, discard or place any junk or any automotive junk on any lands owned or occupied by resident. C. No junk or automotive junk shall be placed, deposited, discarded or parked on any lands except as may be permitted by the provisions of this Chapter or other applicable law. A. Removal. Upon any junk or automotive junk being found abandoned in a public place, the Zoning Officer, Hunterdon County Division of Public Health Services or any other agency having jurisdiction shall cause the same to be removed and disposed of and, upon the owner or person responsible for abandoning such junk being ascertained, cause proper prosecution of this Chapter to be instituted. B. Notice & Recovery of Costs. 1. Upon any junk or automotive junk being found abandoned on any private lands, the Zoning Officer, Hunterdon County Division of Public Health Services or any other agency having jurisdiction shall cause notice thereof to be given to the owner and the occupant of such lands. If the owner or occupant disclaims ownership thereof, the Zoning Officer, Hunterdon County Division of Public Health Services or any other agency having jurisdiction shall cause such junk or automotive junk to be removed and disposed of, but if it is ascertained that the owner or occupant is the owner of such junk or automotive junk or responsible for the abandonment thereof, then the Zoning Officer, Hunterdon County Division of Public Health Services or any other agency having jurisdiction shall initiate legal proceedings against such owner or occupant for violation of this Chapter and also for recovery of any cost and expense incurred in the removal and disposal of such junk or automotive junk. 2. Upon the name of the owner of such junk or automotive junk or of the person responsible for the abandonment thereof being ascertained before removal thereof, where the abandonment is on private lands, by whomever owned, such owner or other person shall be notified in writing, that a violation of this Chapter exists, that such junk or automotive junk must be removed within ten (10) days by such owner or other person and that, in default thereof, such owner or other person will be guilty of a violation of this Chapter, subject to prosecution therefore, and that said junk or automotive junk will be removed by the municipality and the cost and expense of the removal and disposal thereof will be charged to such owner or other person, unless removed and disposed of according to law. Upon the failure of such owner or other person to comply with such notice, the Zoning Officer or any other agency having jurisdiction shall cause prosecution to be instituted against such owner or other person for violation of this Chapter and for recovery of the costs and expenses incurred in removing and disposing of such junk or automotive junk. C. Prosecution. Upon ascertaining the name of the owner of any junk or automotive junk that has been removed or removed and disposed of or of the person responsible for the abandonment thereof, the Zoning Officer or any other agency having jurisdiction shall cause prosecution of the owner or other person for violation of this Chapter and also for the expense and costs of the removal and disposal of such junk or automotive junk. §112-5 Enforcement:

ARTICLE II: VEHICLES, ABANDONED

§112-6 Storage and abandonment prohibited: A. It shall be unlawful for any owner, possessor or occupant of lands in the Borough to store, keep, place, park or accumulate upon such lands any motor vehicles, automobiles or machines in need of repair so as not to be readily operated under their own power, requiring substantial repairs, not currently licensed or not being currently used for transportation, except as provided in this section. B. It shall be unlawful for any persons to park, leave standing or abandon on the land of another any machines, motor vehicles or automobiles in need of repair so as not to be readily operated under their own power, which require substantial repair, which are not currently licensed or not being currently used for transportation. §112-7 Exceptions: This Article does not apply to an owner, possessor or occupant of lands in the Borough who stores, keeps, places, parks or accumulates four or fewer currently licensed motor vehicles, automobiles or machines not currently being used for transportation or being in need of repair, or not more than four unlicensed motor vehicles, kept in an enclosed building. This Article also does not apply to a new car dealer or used car dealer licensed by the state to sell new or used cars. This Article does not apply to an owner, possessor or occupant of lands in the Borough who operates a motor vehicle, automobile or machine repair business, provided that the motor vehicles, automobiles or machines are properly licensed and kept on the premises for no more than 60 days. Enforcement: The Zoning Officer, Hunterdon County Division of Public Health Services or any other agency having jurisdiction shall be responsible for the enforcement of this Chapter. §112-8 A. Each day that any such person, partnership, corporation or other business entity shall continue to keep, maintain, park, store, place or abandon any such vehicle, machinery or mechanical equipment, or other articles prohibited in this article, upon such premises after the time contained in the aforesaid notice shall expire, shall be deemed to be a separate offense in violation of this Article. B. Any person, partnership, corporation or business entity who shall violate any provisions of this Article shall, upon conviction thereof, be liable to a fine of not less than $100, not more than $1,000 or imprisonment for a term of not more than 90 days, or both, in the discretion of the Municipal Court Judge. hereby defined as follows: A. Inoperable Motor Vehicle: Incapable of being legally driven or moved under its own power on the public highways of the State of New Jersey. B. Motor Vehicle and Person: Every device in, upon or by which a person or property might, if such device were in operable condition, be transported upon a highway, excepting devices moved by human power. C. Operable: Capable of being legally driven or moved upon the public highways of the State of New Jersey. §112-9 Violations and penalties: ARTICLE III: VEHICLES, INOPERABLE §112-10 Definitions: For the purpose of this section, certain terms and words are

D. Unlicensed/ Unregistered: Not currently licensed or registered to be driven or moved on the public highways by the proper licensing authority or not bearing current registration plates or tags lawfully issued by such authority for the motor vehicle involved.

§112-11 Storage on public lands prohibited:

No person shall park, leave or store any inoperable motor vehicle on any public lands or premises except in case of emergency and then for a period of not more than 24 hours.

§112-12

Storage on private lands limited:

No person shall park, leave, store or maintain any inoperable motor vehicle for a period of more than thirty (30) days upon any private lands or premises. §112-13 Duty of private landowners: A. No owner or occupier of any private lands or premises shall permit or suffer any inoperable or unlicensed motor vehicle to be parked, left, stored or maintained on his or her lands or premises for more than 30 days, whether consecutive or not, except for vehicles adapted and equipped for snow removal and left on private property to be used on private rights-of-way not plowed by the Borough. B. The arrangement of parking or presentation of vehicles for sale in residential zones is prohibited.

§112-14

Time to Comply with Notices:

All timeframes as set forth within this Chapter shall commence upon the mailing, the hand- delivering or the posting of the Notice upon the property or the Property’s Owner by the Zoning Officer, the Hunterdon County Division of Public Health Services, or any other agent or agency having jurisdiction.

§112-15

Exemptions:

The provisions of this Chapter shall not apply to a licensed service station operator or a licensed new or used automobile dealer where said motor vehicle is being or is about to be repaired or is being disposed of or scrapped; nor shall this Chapter apply to lawfully operated junkyards or to motor vehicles located in garages or other buildings.

§112-16

Violations and penalties:

Any person who shall violate any provision of this Article shall, upon conviction thereof, be liable to a fine of not more than $500 or imprisonment for a term of not more than 90 days, or both, in the discretion of the Judge of the Municipal Court. §112-17 Abatement of violation: The imposition of a penalty or penalties for any violation of this Chapter shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time. If said violations are not corrected or remedied within a reasonable time, then each 15 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder.

_______________________________

JAMES A. GALLOS,

MAYOR ATTEST:

_____________________ KAREN DYSART, RMC MUNICIPAL CLERK

Introduction :10/06/2014 Public Hearing : 10/06/2014 Adoption : DIED

BOROUGH OF MILFORD ORDINANCE NO. 815-2014 Amend Chapter 145 PEDDLING, CANVASSING AND SOLICITING ARTICLE I: PEDDLING

§145-1 Purpose. This Chapter is adopted to regulate the distribution of certain materials and peddling, soliciting and related activities within the Borough of Milford. The licensing of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or otherwise distributing materials or food and beverages within the Borough may be established, so that general regulations may be more effectively enforced for the protection and maintenance of the health, safety and welfare of the inhabitants of the Borough and to prevent dishonest business practices and dishonest solicitation of funds in the Borough of Definitions and word usage. As used in this Chapter, the following terms shall have the meanings indicated: MERCHANDISE : All goods, wares, food, meat, fish, ice cream, fruit, vegetables, magazines, periodicals, printed materials, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by a peddler or transient merchant as defined herein. PEDDLER: Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, or whether stationary or traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers, or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or any public place. The word "peddler" shall also include the words "hawker" and "huckster." PERSON: Any individual, firm, partnership, corporation, organization, club or association or any principal thereof. TRANSIENT MERCHANT: Any person engaging in the activities commonly referred to as "transient merchant" or "itinerant vendor" who merchandises or sells with the intent to close out or discontinue such business within a period of one year from the date of commencement and occupies a room, building, tent, lot or other premises for the purpose of selling merchandise. §145-3 License Required. It shall be unlawful for any peddler, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Borough of Milford without first securing a license therefore by filing an application for the license, paying a license fee and obtaining a license from the Borough Clerk, as hereinafter provided. §145-4 Effect of License; expiration . Upon obtaining a license as hereinafter provided, a peddler or transient merchant may conduct his activities within the Borough of Milford only as long as he adheres to the regulations set forth herein and carries the license upon his person at all times during the conduct of his activities. The license shall identify the person and the type of activity for which he has registered and shall be shown to any Borough official upon request. All licenses shall expire December 31 of the calendar year in which they are issued. A separate license shall be required for each vehicle used. Milford. §145-2

Page 1 of 5

§145-5 Exemptions. A. Upon receipt of a completed application, a license may not be denied to: (1) Any veteran or exempt fireman who holds a special state license. (2) Any person soliciting a vote or support for any political candidate or program. (3) Any person soliciting for a bona fide charitable, religious, patriotic, community service or philanthropic purpose or organization. (4) Wholesale salesmen calling on businesses. (5) A public utility or its employees, which said public utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that said employees shall display the identification badge or card issued by their employer. (6) Persons appointed by the Borough or other governmental agency to conduct a census or canvass. B. The above-listed categories shall be exempt from licensing fees. §145-6 Application for License. No person, firm, corporation or organization shall hawk or peddle without first having filed the required bond and having obtained a license. Written application for such license shall be made to the Borough Clerk and shall show: A. The name, address and telephone number of the applicant and of all persons associated with him in his business. B. The type of business for which the license is desired. C. In case of transient merchants, the place where the business is to be carried on. H. A statement as to whether or not the applicant or his employer or principal has been convicted of any crime, misdemeanor or violation of any municipal ordinance, stating the nature of the offenses and the punishment or penalty assessed therefore. I. If a vehicle is to be used, a description of such vehicle and its license number. J. A photograph of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches. K. Two business references located in the State of New Jersey or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant. §145-7 Issuance of License. Upon approval of the license application by the Borough Council, the Borough Clerk shall issue said license, provided that the application is complete and that there is nothing in the application that the applicant's character or business is other than satisfactory for carrying on D. The length of time for which said license is desired. E. A general description of the thing or things to be sold. F. The present place of business of the applicant. G. The places of residence of the applicant for the two years last past.

said business within the Borough of Milford. In event that the application is rejected, the Borough Clerk shall note such rejection on the application and return it to applicant along with is application fee. §145-8 License Fees. The fees for licenses shall accompany the application and shall be as follows:

A. Annual license: $150.00 B. Monthly license $50.00 C. Daily license: $25.00 §145-9

Hours of Operation. No person duly licensed shall hawk or peddle before 9:00 a.m. or after 8:00 p.m., prevailing time, nor at any time on the day commonly called "Sunday." This provision shall not apply to exempt organizations. §145-10 Use of License. No license issued shall be used at any time by any person other than the one to whom it was issued. §145-11 Revocation of License . A. Licenses issued may be revoked by the Borough Council after notice and hearing for any of the following causes: (1) Fraud, misrepresentation or false statements contained in the application for license. (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler. (3) Any violation of this Chapter. (4) Conviction of any crime or misdemeanor involving moral turpitude. (5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the general public. B. Notice of the hearing of revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing. §145-12 Appeal of License Denial. Any person aggrieved by the action of the Clerk in the denial of an application for a license shall have the right of appeal to the Borough Council within 25 days after notice of the action complained of has been mailed to such person's last known address, by a written statement setting forth fully the grounds for the appeal. The Borough Council shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. The decision and order of the Borough Council on such appeal shall be final and conclusive. §145-13 General Regulations. No licensee shall: A. Attempt to peddle or distribute merchandise or printed material without first having identified himself as a peddler or distributor registered with the Borough and displaying his license. B. Have exclusive right to any location in the public streets or operate in any congested area in such a manner as to impede the flow of traffic or of pedestrians or create a breach of

the peace. C. Enter or attempt to enter the land of any resident in the Borough where such resident has posted a notice prohibiting such entry. D. Refuse to leave any private dwelling or property after having been once requested to do so by the owner or occupant thereof. E. Shout, cry out, blow a horn, ring a bell or use any sound-making or -amplifying device on any of the streets, parks or public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the private premises, for the purpose of attracting attention to any merchandise or services, without first obtaining written authorization for the same from the appropriate Borough official. F. Distribute obscene merchandise or printed material or that which advocates unlawful conduct. G. Litter the streets, public places or public or private property within the Borough with any merchandise or printed material. §145-13 Duration of License. Every license or permit shall remain in force and be valid only for the time thereon expressed. All annual licenses shall run until December 31 of any given year. All daily licenses shall be valid only for the day indicated on the license. ARTICLE II: CANVASSING OR SOLICITING §145-14 Definitions. For the purposes of this section only, the following words are hereby defined: CANVASS : Face-to-face contact with any person for the purpose of conducting surveys, asking for votes, surveying to determine probable vote outcomes or public sentiment on any matter, or obtaining signatures for a petition or similar document, and not in conjunction with the soliciting of persons for the purpose of obtaining funds, money or anything of value. CHARITABLE ORGANIZATIONS OR PURPOSES : Any charitable organizations qualifying under N.J.S.A. 45:17A-20 and/or nonprofit or not-for-profit organizations or organizations formed and existing for charitable, eleemosynary, philanthropic, political or publicly beneficial purposes. SOLICIT: Face-to-face contact with a person anywhere in the Borough, including at a person's home, for the purpose of requesting or obtaining the contemporaneous donation of funds, money or anything of value. §145-15 Registration & Regulations. . A. Soliciting . No person shall solicit on behalf of a charitable organization or for a charitable purpose without registering with the Borough as set forth herein. This section and the requirements herein do not relieve persons or organizations from the licensing requirements of the Borough of Milford revised general ordinances, if applicable, for other activities not defined or addressed herein. B. Canvassing . Persons or organizations are permitted to canvass without registering with the Borough. The requirements herein do not relieve persons or organizations from the licensing requirements of the Borough of Milford for other activities not defined or addressed herein. C. Registration . Any person or organization wishing to solicit must register with the Borough at least 48 hours prior to the commencement of soliciting, as follows:

1. The person or organization must submit a letter to the Borough Clerk, upon the organization's letterhead if applicable, containing at least the following information: (a) The specific date(s) and times of day the participants will be in Milford; (b) The specific location(s) where the solicitation will occur; (c) The name, address, and a legible photocopy of a form of identification for each participant; and (d) The name, mailing address and telephone number of a person to contact should any questions arise before the person or organization comes to the Borough and the same information for a person to act as a contact while the person or organization is present in Milford. 2. Upon receipt of this information, the Borough Clerk shall promptly provide copies of the same to the State Police for background checks and the Code Enforcement Officer. 3. The Borough will only contact the person or organization if the Borough Council determines that certain persons or the organization will not be permitted to solicit in the Borough. Appeals from the Borough's decision in this regard may be taken to any court of competent jurisdiction. The basis for the Borough's determination that certain persons, or the organization, will not be permitted to solicit in the Borough is: (a) Any pending criminal or quasi-criminal claims of fraud, financial wrongdoing, acts of violence, robbery, or burglary or other claims involving the person's or the organization's moral turpitude; or (b) A conviction or finding within in the past three years against the person, or the organization, in any criminal, quasi-criminal or civil matter involving fraud, financial wrongdoing, acts of violence, robbery, or burglary or other claims involving the person's or organization's moral turpitude. D. Regulations . Once a person or organization has registered with the Borough of Milford, the following regulations apply to his or its solicitation activities: (a) No solicitation is allowed after 8:00 p.m. or before dawn. The Borough requests, but does not require, that solicitation occur during daylight hours. (b) Persons, organizations and their participants must abide by all other rules, regulations, ordinances and laws. (c) Failure to abide by these prerequisites, regulations and conditions may result in legal action and/or criminal process, and the person and/or organization may be ordered to cease all further solicitation until the applicable prerequisites, regulations and conditions have been complied with. §145-16 Violations and Penalties. Any person who violates any provision of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine. _______________________________ JAMES A. GALLOS, MAYOR ATTEST:

__________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction : August 4, 2014 Public Hearing : September 2, 2014 Adoption : September 2, 2014 Publication : September 11, 2014

FINAL ADOPTION - ROLL CALL VOTE

Council Member

Motio n

Secon d

Ayes

Nays

Abstain Absent/Ineligible

Russell Bigley Carole Heller Noralie LaFevre Robert Castagna Donald Pursell George Sniffin

x

x x x x x x

x

BOROUGH OF MILFORD ORDINANCE NUMBER 817-2014 ORDINANCE OF THE BOROUGH OF MILFORD, COUNTY OF HUNTERDON, STATE OF NEW JERSEY, DEFINING OBSCENE MATERIALS AND THE PENALTIES FOR THE DISPLAY OF OBSCENE MATERIALS WHEREAS, the Borough of Milford, in order to protect the health, safety and well-being of Milford Borough’s residents and their children, seeks to adopt the definitions for obscene materials, and the penalties for their unlawful display in accordance with N.J.S.A. 2C:34-1, et seq. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Common Council of the Borough of Milford, County of Hunterdon, and State of New Jersey, as follows: SECTION I. § 131-1 DEFINITIONS. As used in this Chapter, the following terms shall have the meanings indicated: A. OBSCENITY FOR PERSONS 18 YEARS OF AGE OR OLDER (and the definitions contained within N.J.S.A. 2C:34-2) The same meanings as those contained within N.J.S.A. 2C:34-2 when used in this Chapter. B. OBSCENITY FOR PERSONS UNDER 18 (and the definitions contained within N.J.S.A. 2C:34-3) The same meanings as those contained within N.J.S.A. 2C:34-3 when used in this Chapter. C. RETAILER : The same meaning as set forth in the definition of "retailer" contained within N.J.S.A. 2C:34- 3.1. §131-2 Exhibition in public before minors prohibited. No person shall exhibit upon any public road, street or other place, within view of any minor, any obscene materials as defined in N.J.S.A. 2C:34-2 and/or 2C:34-3. § 131-3 Employment of minors prohibited. No person shall hire, use or employ any minor to sell or give away or in any manner distribute, or permit any minor in his custody or control to sell, give away or in any manner distribute, any obscene materials as defined in N.J.S.A. 2C:34-2 and/or 2C:34-3. § 131-4 Display by retailer of obscene materials. Any retailer as defined in N.J.S.A. 2C:34-3.1 who displays or permits to be displayed at his or her business premises in the Borough of Milford any obscene material as defined in N.J.S.A. 2C:34-3 at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed is guilty of a petty disorderly persons offense. The public display of said obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display. § 131-5 Violations and penalties. Any person who violates § 131-2 or 131-3 of this Chapter, upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by a term of imprisonment not exceeding 90 days, or both. SECTION II All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies.

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SECTION III

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, preempted or unconstitutional by any court or Federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of this ordinance and such holding shall not affect the validity of the remaining portions hereof. SECTION IV This Ordinance shall take effect immediately upon final publication as provided by law.

________________________ JAMES A. GALLOS, MAYOR

ATTEST: __________________________________ KAREN DYSART, RMC MUNICIPAL CLERK Introduction :August 4, 2014 Public Hearing : September 2, 2014 Adoption : September 2, 2014 Publication : September 11, 2014

FINAL ADOPTION - ROLL CALL VOTE

Council Member

Motion Secon d

Ayes

Nays

Abstain

Absent/Ineligible

Russell Bigley Carole Heller Noralie LaFevre Robert Castagna Donald Pursell George Sniffin

x x x x x x

x

x

Page 1 of 2

BOROUGH OF MILFORD ORDINANCE NUMBER 818-2014 CHAPTER 128 NUISANCES, UNSAFE BUILDINGS HISTORY: Adopted, in its entirety, by the Mayor and Milford Borough Common Council on ____________, 2014. §128-1. Definitions. §128-2. Adoption of State Housing Code. §128-3. Administrative authority. §128-4. Enforcement. §128-5. Investigation; notice; hearing. §128-6. Service of Complaints or Orders. §128-7. Procedure for Determining Habitability; Correction of Defects. §128-8. Cost of work by Borough as lien. §128-9. Filing of lien. §128-10. Correction by Borough; lien for expenses. §128-11. Standards of Habitability. §128-12. Statement of Findings; Order to Repair or Demolish §128-13. Failure to Repair or Vacate; Placarding. §128-14. Failure to Remove or Demolish. §128-15. Emergency Conditions. §128-16. Appeals. §128-17. Remedies. §128-18. Search Warrant. §128-19. Interpretation of Provisions. §128-20. Violations and penalties. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. Building Any structure or part thereof, whether used for human habitation or otherwise, and includes any appurtenances belonging to or usually enjoyed therewith. B. Dwelling Any building or structure or part thereof used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. C. Enforcement Officer The New Jersey State Construction Official for the Borough of Milford is hereby designated and appointed to exercise the powers prescribed by this Chapter. D. Owner The holder of the title in fee simple. E. Parties-In-Interest All individuals, associations and corporations who have an interest of record in a dwelling, and any who are in possession thereof. F. Public Authority Any housing authority or any officer who is in charge of any department or branch of the government of the Borough of Milford, County of Hunterdon or State of New Jersey §128-1.

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