[Section 3-1 was amended in entirety by Ord. No. 4-19-2022 by Ord. No. O-03-22. Prior history includes Ord. No. O-14-2015.]
[Amended 4-19-2022 by Ord. No. O-03-22]
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and a substantial body of science and technology exists by which excessive sound may be substantially abated; and the people have a right to, and should be ensured of, an environment free from excessive sound. It is the policy of the Borough of Monmouth Beach to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life. This section shall apply to the control of sound originating from sources within the Borough of Monmouth Beach.
[Amended 4-19-2022 by Ord. No. O-03-22]
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Means any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
dBC
Means the sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.
DEMOLITION
Means any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
Means the New Jersey Department of Environmental Protection.
EMERGENCY WORK
Means any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-or-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Means either a single pressure peak or single burst (multiple pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
Means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Means any vehicle that is propelled other than by human or animal power on land.
MUFFLER
Means a properly functioning sound dissipative devise or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
MULTI-DWELLING UNIT BUILDING
Means any building comprising two or more dwelling units, including but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Means any distinct parcel of land that is used for more than one category or activity. Examples include, but are not limited to:
a. 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditions, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
b. 
A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
NOISE CONTROL OFFICER (NCO)
Means an employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C.7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
NOISE CONTROL INVESTIGATOR (NCI)
Means an employee of a municipality, county or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedure. A Noise Control Investigator may only enforce subsections of this section that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
PLAINLY AUDIBLE
Means any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction devise, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as and HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note: This definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).
SOUND PRODUCTION DEVICE
Means any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Means any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required that mitigates the sound emissions of the equipment.
WEEKDAY
Means any day that is not a federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Means beginning Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
This section applies to sound from the following property categories:
1. 
Industrial facilities;
2. 
Commercial facilities;
3. 
Community service facilities;
4. 
Residential properties;
5. 
Multi-use properties;
6. 
Public and private rights-of-way;
7. 
Public spaces; and
8. 
Multi-dwelling unit buildings.
b. 
This section applies to sound received at the following property categories:
1. 
Commercial facilities;
2. 
Community service facilities (i.e. non-profits and/or religious facilities);
3. 
Residential properties;
4. 
Multi-use properties;
5. 
Multi-dwelling unit buildings.
c. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
Except as provided in Subsections 3-1.9 and 3-1.10 below, the provisions of this section shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
b. 
Sound production devices required or sanctioned under the Americas with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
c. 
Construction and demolition activities are exempt from the sound level limits set forth in tables I and II and III except as provided for in Subsection 3-1.9 below.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section and pursue enforcement activities.
b. 
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
c. 
Noise Control Officers and Investigators may cooperate with NCOs and NICs of an adjacent municipality in enforcing one another's municipal noise ordinances.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
Sound measurements made by a Noise Control Office shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 3-1.6b and with the definition of "real property line" as contained herein.
b. 
When conducting indoor sound level measurements across a real property line the measurements shall be taken to least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b.)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g. television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets, and bathrooms.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source of property listed in Subsection 3-1.3 above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables, I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables, I, II, or III except as specified in Subsection 3-1.6b.
b. 
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
TABLE I
MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS WHEN MEASURED OUTDOORS
RECEIVING PROPERTY CATEGORY
Residential property, or residential portion of a multi-use property
Commercial facility, non-residential portion of a multi-use property, or community service facility
TIME
7:00 a.m.-10:00 p.m.
10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
65
50
65
TABLE II
MAXIMUM PERMISSIBLE A-WEIGHTED SOUND LEVELS WHEN MEASURED INDOORS
RECEIVING PROPERTY CATEGORY
Residential property, or residential portion of a multi-use property
Commercial facility or non-residential portion of a multi-use property
TIME
7:00 a.m.-10:00 p.m.
10:00 p.m. to 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
55
40
55
Note: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property.
TABLE III
MAXIMUM PERMISSIBLE OCTAVE BANK
SOUND PRESSURE LEVELS IN DECIBELS
Receiving Property Category
Residential property, or residential portion of a multi-use property
Residential property or residential potion of a multi-use property
Commercial facility, non-residential portion of a multi-use property, or community service facility
Commercial facility or non-residential portion of a multi-use property
OUTDOORS
INDOORS
OUTDOORS
INDOORS
Octave Band Center Frequency, Hz
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Time
7a.m-10p.m.
10p.m.-7a.m.
7a.m.-10p.m.
10p.m.-7a.m.
24 hours
24 hours
31.5
96
86
86
76
96
86
63
82
71
72
61
82
72
125
74
61
64
51
74
64
250
67
53
57
43
67
57
500
63
48
53
38
63
53
1,000
60
45
50
35
60
50
2,000
57
42
47
32
57
47
4,000
55
40
45
30
55
45
8,000
53
38
43
28
53
43
Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sounds pressure level variations exceed plus or minus 2dB in the bands containing the principal source frequencies, discontinue the measurement.
[Amended 4-19-2022 by Ord. No. O-03-22]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in 3-1.6 of this ordinance. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
TABLE IV
MAXIMUM PERMISSIBLE INCREASE IN TOTAL SOUND LEVELS WITHIN A RESIDENTIAL PROPERTY
Week Nights
10:00 p.m. — 7:00 a.m.
Weekend nights
11:00 p.m. and 9:00 a.m.
All other times
3 dB(C)
6 dB(C)
[Amended 4-19-2022 by Ord. No. O-03-22]
The following standards shall apply to the activities or sources of sound set forth below:
a. 
Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables, I, II or III. At all other times the limits set forth in Tables, I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
b. 
Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g. commercial operators and public employees) shall not be operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 3:00 p.m. and 9:00 a.m. on Saturdays and at no time on Sundays and Federal Holidays unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
c. 
All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 5:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 3:00 p.m. and 9:00 a.m. on Saturdays and at no time on Sundays and Federal holidays, unless such activities can meet the limits set forth in Tables I, II and III. At all other times the limits set forth in Tables I, I, or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
d. 
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II, or III do not apply.
e. 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II, or III do not apply.
f. 
Self-contained, portable, non-vehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
g. 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:
1. 
Vocalizing (howling, yelping, barking, squawking, etc.) for five (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
2. 
Vocalizing for twenty (20) minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
[Amended 4-19-2022 by Ord. No. O-03-22]
Violations of each paragraph of this section shall be considered purposeful and therefore non-minor violations.
a. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
b. 
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Par 205.
c. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated is such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
Violation of any provision of this section shall be cause for a Notice of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document or summons to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
b. 
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
c. 
Upon identification of a violation of this section the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this section that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
d. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-1.2) a NOV shall be issued to the violator.
1. 
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
2. 
The NOV shall identify the time period (up to 90 days), pursuant to Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the Police department. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
e. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, will be issued. If a non-minor violation is immediately corrected a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
f. 
The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request or extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
g. 
The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
h. 
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible part does not remediate the violation within the period of time specified in the NOPA issued.
i. 
Any claim for a civil penalty may be compromised and settled based on the following factors:
1. 
Mitigating or any other extenuating circumstances;
2. 
The timely implementation by the violator of measures which lead to compliance;
3. 
The conduct of the violator;
4. 
The compliance history of the violator.
[Amended 4-19-2022 by Ord. No. O-03-22]
a. 
If any provision or portion of a provision of this section is held to be unconstitutional, preempted by Federal or State Law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this section shall not be invalidated.
b. 
All ordinances or parts of ordinances, which are inconsistent with any provisions of this section, are hereby repealed as to the extent of such inconsistencies.
c. 
No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this section or from other law.
[Ord. No. 8-8-78]
It is hereby determined and declared that the existence of obnoxious growths and other matter upon lands lying within the Borough constitute a menace to public health, safety and general welfare or constitute a fire hazard. It is deemed necessary and expedient for the preservation of the public health, safety and general welfare or for the elimination of a fire hazard that it is in the public interest that regulations controlling the existence of such obnoxious growths and other matter be enacted.
[Ord. No. 30-90 § 1]
Whenever the Code Enforcement Officer shall determine that there exists upon any lands lying within the limits of the Borough brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and expedient for the public health, safety or general welfare or to eliminate a fire hazard, he/she shall give notice to the owner and/or occupants of the premises to remove the same within 10 days from date of receipt of the notice. In the event that the owner and/or the occupants fail to remove the aforesaid obnoxious material within the time aforesaid, the Code Enforcement Officer shall:
a. 
Cause a summons to be issued for a violation of this section.
b. 
File a report with the Commissioners requesting that the Commissioners hold a hearing on the report and authorize the Street Department to remove the obnoxious material and to certify the cost thereof to the Tax Collector, to be added to and become a lien on the premises and collected as additional tax. Notice of the date, time and place of the hearing by the Commissioners will be provided to the owner and/or occupants by the Borough Clerk, at which time the owners or occupants have the right to appear and be heard with respect to the same.
[Ord. No. 30-90 § 2]
All notices required by this section shall be sent by registered or certified mail, return receipt requested, directed in the case of the owner to the address as the same appears on the last tax duplicate of the Borough and in the case of an occupant at the address of the property in question, and shall contain a copy of this section.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance 1-31-28.
[Ord. No. O-66-10; Ord. No. O-91-10; Ord. No. O-53-11]
a. 
Fences, walls, and hedges existing, erected, altered or reconstructed in any zone in the Borough shall not exceed six feet in height above existing ground level except as follows:
1. 
_____
(a) 
Fences and walls which are located in a front yard or within 50 feet of any river, lagoon or other body of water shall not exceed four feet in height.
(b) 
Hedges which are located within 50 feet of any river, lagoon or other body of water shall not exceed four feet in height.
(c) 
Hedges which are located in a front yard shall not exceed six feet in height except that portion of a hedge which forms an entryway arbor.
2. 
Chain link fences are prohibited in front yards.
3. 
Fences located in front yards shall be constructed so that at least 50% thereof is non-solid and open. Fence types such as board-on-board and stockade fences are considered solid fences.
4. 
Fence posts, corners, gateways, wall piers and entryways in front yards shall not exceed five feet in height.
5. 
Fences, walls, or hedges, installed after the effective date of this ordinance shall not modify or impede existing drainage patterns unless a Land Disturbance Permit has been obtained consistent with the requirements of the ordinances of the Borough of Monmouth Beach.
6. 
In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
7. 
Fences specifically required by other provisions of municipal and/or State regulations are permitted.
8. 
Notwithstanding any section above, hedges on properties which have frontage on Ocean Avenue or Beach Road from Ocean Avenue to River Avenue shall not be restricted in height as to that frontage. In addition, properties that have two road frontages, one of which borders Ocean Avenue, may maintain a consistent hedge height for both frontages which shall be the height of the hedges which border Ocean Avenue.
9. 
Notwithstanding any section above, fences on properties which have frontage on the west side of Patten Avenue shall not be restricted to a height less than six feet as to that frontage and shall be permitted to be solid fences.
b. 
All fences, walls, and hedges must be erected and/or maintained within the property lines, and no fence, wall, or hedge shall be erected so as to encroach upon a public right-of-way.
c. 
The following fences and fencing construction materials are specifically prohibited in all zones in the Borough: barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences.
d. 
All supporting members of a fence shall be located on the inside of the fence, and, if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion or the tract of land of the property upon which the fence is erected.
e. 
For purposes of this ordinance, "hedges" shall be defined as "a row of closely planted shrubs or low-growing trees forming a physical and/or visual fence, screen or boundary."
[Ord. No. O-66-10]
At the intersection of two or more streets, no fence, wall, hedge, bush or shrub shall exceed 30 inches above curb level, nor cause any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each street line located 25 feet from the intersection of the street lines.
[Ord. No. O-66-10]
a. 
In only those instances where the applicable height limitation of certain hedges is limited to six feet the following exception to that height limitation may apply:
1. 
A property owner may maintain a hedge greater than six feet in height provided that the property owner sharing the property line along which the hedge exists permits a relaxation of the height requirement. Such permission shall be in writing as provided hereafter; and
2. 
Each property owner whose property line immediately abuts the hedge executes a form to be promulgated by the Borough and filed with the Borough Clerk which acknowledges their agreement to permit a relaxation of the six-foot height limitation; and
3. 
The agreement to permit the relaxation of the height requirement may be cancelled and/or declared void by either party at any time by notifying the Borough Clerk in writing.
b. 
Any variance granted by the Planning Board of Adjustment from a land development ordinance identical to a provision in this section shall constitute a permitted exception to the requirements of this section.
This section permitting exceptions to the height requirements of hedges by agreement of property owners shall not apply in those instances where hedges are located in a front yard, within 50 feet of any river, lagoon or other body of water, at the intersection of two or more streets or in any instance where the maximum permitted height is less than six feet.
[Ord. No. O-66-10]
The Chief of Police, any Police Officer of the Borough of Monmouth Beach or the Borough Zoning Official may make a complaint in the Municipal Court of the Borough of Monmouth Beach for any violations of this section or any subsection, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall, upon conviction thereof, be liable for the penalty prescribed by these ordinances and as permitted by State law.
[Ord. No. O-18-06 § I]
The purpose of this section is to establish requirements to control littering in the Borough and to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. O-18-06 § II]
As used in this section:
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. No. O-18-06 § III]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. No. O-18-06 § IV]
This section shall be enforced by the Police Department and/or the Borough Code Enforcement Office.
[Ord. No. O-18-06 § V]
Any person who is found to be in violation of the provisions of this section shall be subject to a fine of not less than $50 but not to exceed $1,500.
[Ord. No. 3-28-72 § 1; Ord. No. 5-8-79 § 1]
No person shall park, leave or store any unregistered or inoperable motor vehicle on any public lands or premises except in case of emergency and then for a period of not more than 48 hours.
[Ord. No. 3-28-72 § 1; Ord. No. 5-8-79 § 2]
No person shall park, leave, store or maintain any unregistered or inoperable motor vehicle for a period of more than 30 days upon any private lands or premises.
[Ord. No. 3-28-72 § 3; Ord. No. 5-8-79 § 3]
No owner or occupier of any private lands or premises shall permit or suffer any unregistered, abandoned or inoperable motor vehicle to be parked, left, stored or maintained on his or her lands or premises for more than 30 days.
[Ord. No. 3-28-72 § 4]
This section shall not apply to lawfully operated junk yards, or to motor vehicles located or stored in garages or other buildings.
[Ord. No. 3-28-72 § 7; Ord. No. 5-8-79 § 7; Ord. No. 30-93 § 1]
The imposition of a penalty, or penalties, for any violation of this section shall not excuse the violation or permit it to continue and all such persons shall be required to correct such violations within 10 days. If the violations are not corrected or remedied within 10 days, then each day thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder. Should it become necessary to have the unregistered, abandoned or inoperable motor vehicle towed, the cost of towing and any costs related thereto such as storage charges shall be the sole responsibility of the owner and not the municipality.
[Ord. No. 6-26-84 § 2]
No person shall permit, make or continue, or cause to be permitted, made or continued any unreasonably loud, disturbing or unnecessary noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual.
[Ord. No. 6-26-84 § 3; New]
a. 
No person shall loiter or assemble in or upon any street, highway, thoroughfare, sidewalk, in or about the front of any building or any other public or quasi-public place, or upon private property, not his own, or utter any loud, offensive, indecent or abusive language or address or make any offensive comments or remarks to or concerning any person in any street, highway, thoroughfare, sidewalk or any other public or quasi-public place, or upon private property, not his own, or obstruct or interfere with any person lawfully being in or upon any street, highway, thoroughfare, sidewalk, building, or any other public or quasi-public place, or upon private property not his own, within the Borough of Monmouth Beach, New Jersey.
b. 
Any person who refuses to obey the order of a Police Officer shall be deemed in violation of this subsection.
[Ord. No. 6-26-84 § 4]
No person shall engage or participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons on any street, road, avenue, park or other public place.
[1]
Editor’s Note: Former § 3-6.4, Public intoxication (Ord. No. 6-26-84 § 5) was repealed 4-14-2009 by Ord. No. O-43-09.
[Ord. No. 6-26-84 § 6]
No person shall operate or use any radio receiving set, phonograph or other sound producing instrument, device or apparatus in such manner that the sound thereof shall annoy any person or persons or disturb the comfort, rest or repose of any person or persons being in his, her or their place or places of abode.
[Ord. No. 6-26-84 § 7]
No person shall throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever into the waters of any pond, stream or lake, or into waters adjacent thereto, or discharge any sewage or waste into any waters, or pollute the waters in any manner whatsoever.
[Ord. No. 6-26-84 § 8]
No person shall throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever on any street, highway, thoroughfare, sidewalk, building or any other public or quasi-public place, or upon private property not his own.
[Ord. No. 6-26-84 § 9]
No person shall make, aid, countenance or assist in making any improper noise, riot, disturbance or breach of the peace in or upon any street, highway, thoroughfare, sidewalk, building or other public or quasi-public place, or upon private property, not his own, or disquiet or disturb any congregation or assembly of any kind whatsoever in any church or other building by any rude, disorderly or indecent behavior of any kind.
[Ord. No. 6-26-84 § 10]
No person shall appear on any street, road, avenue, park or other public place in a state of nudity, or make any indecent exposure of his or her person, or commit or do any lewd or indecent act, or behave in a lewd or indecent manner.
[Ord. No. 6-26-84 § 11]
No person shall disrobe in any automobile, truck or vehicle while the same is upon any parking place, street, road, avenue, park or other public place.
[Ord. No. 6-26-84 § 12]
No person shall sell or offer to sell any indecent or lewd picture, book or thing, or exhibit or perform any indecent, immoral or lewd play or other representation.
[Ord. No. 6-26-84 § 13]
No person shall make or cause to be made or aid or assist in making any bonfire or other fire in or upon any street, highway, thoroughfare, sidewalk or in or upon any public or private grounds without first obtaining a permit in writing from the Fire Chief of the Borough.
[Ord. No. 6-26-84 § 14]
No person shall use a loud speaker or sound wagon on the public streets or public places without making written application for a permit, setting forth the name and address of the person who is to operate the loud speaker or sound wagon, the purpose for which the same is to be used, the carrying distance of the speaker or sound wagon, and present the application in person to the Chief of Police.
[Ord. No. 6-26-84 § 15]
No person shall intentionally, willfully or maliciously destroy or injure any of the wires, post, machines, bells, sirens, boxes, locks or other apparatus of any fire alarm system; nor shall any person intentionally, willfully or maliciously interfere with the same or any part thereof with intent to create a false alarm or obstruct the efficient operation of the same or any part thereof, or hinder or impede any of the operations intended to be accomplished thereby, nor shall any person intentionally, willfully or maliciously cause a false alarm of fire to be given in any manner.
[Ord. No. 6-26-84 § 16]
No person shall enter the building or go upon the lands of any public school and break, injure or deface such building or any part thereof or to the fences, or other property belonging to or connected with such building or lands; and no person shall disturb the exercises of any public school, or molest or give annoyance to the children attending such school, or annoy any teacher therein.
[Ord. No. 6-26-84 § 17]
No persons shall hinder or obstruct any Borough Police Officer in the performance of his duties, nor shall any person willfully refuse or neglect to assist any Borough Police Officer when lawfully called upon by him so to do, in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of an escape, or when such officer is resisted in the discharge of his duty. Nor shall any person knowingly resist or oppose any officer or person authorized by law in serving or attempting to serve any writ, bill, order or processor when making any arrest, either with or without a warrant.
[Ord. No. 6-26-84 § 18]
All other riotous conduct, indecent conduct, breaches of the peace and vagrancy not hereinbefore mentioned are hereby prohibited within the Borough.
[Ord. No. 40-95 § 2]
No person shall urinate or defecate in or upon any street, highway, thoroughfare, sidewalk, park, beach or upon any public or private grounds outside of proper sanitary facilities within the Borough.
[Ord. No. 40-95 § 3]
No person shall sleep in any motor vehicle within the Borough between the hours of 11:00 p.m. to 6:00 a.m.
[Ord. No. 10-30-56 Part II]
a. 
No person shall cause to be given any false alarm of fires in this Borough. No person shall intermeddle with, injure or destroy, any of the property appertaining to or belonging to the Fire Department or fire alarm system or belonging to the Borough.
b. 
No person shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or shall in any manner willfully damage, deface or injure any hose or other apparatus at any time.
c. 
No person shall interfere with, impede, or delay any fire apparatus or ambulance in the Borough in any manner or for any cause under their control.
d. 
No person shall willfully hinder or molest, or attempt to do any violence to any officer or member of the Fire Department while in the performance of his duty at a fire or in going to or returning from a fire, in charge of a fire engine or other fire apparatus, or while on inspection, parade or at drill. No person shall willfully retain in his possession any hook, ladder or other fire apparatus belonging to the Monmouth Beach Fire Department.
[Ord. No. O-91-11]
Restrictions on outdoor landscape water use apply to all users in the Borough of Monmouth Beach at all times regardless of source of supply (e.g. public water supplies, well or ground water, lakes, streams, or ponds) unless expressly exempt by this section. Such water use shall conform to the following outdoor landscape water use restrictions:
a. 
Lawn watering with a hose or hose-end sprinkler.
1. 
May only be done two days per week;
2. 
Watering shall only be conducted between the hours of 6:00 a.m. and 9:00 a.m. or between 5:00 p.m. and 8:00 p.m.;
3. 
The watering of any single area shall not exceed 30 minutes per day;
4. 
Flowers and shrubs may be watered as needed with a hand-held hose equipped with an automatic shut-off nozzle;
5. 
No hose or hose-end watering shall be permitted when it is raining.
b. 
Automatic systems. Irrigating lawns and landscapes with automatic irrigation systems: equipped with an irrigation controller:
1. 
May only be done two days per week.
2. 
Irrigation shall only be conducted between the hours of 12:00 midnight and 9:00 a.m.
3. 
Operation of any irrigation zone equipped with spray (mist) heads shall not exceed 15 minutes per zone. Operation of any irrigation zone equipped with rotary sprinkler heads shall not exceed 50 minutes per zone.
c. 
Additional restricted activities. It shall also be a violation of this section to knowingly or recklessly water or irrigate or permit irrigation of lawn or landscape on owned, leased, or managed property that results in the following:
1. 
Watering during any form of precipitation;
2. 
Water leaking from any irrigation equipment;
3. 
Water puddling on landscape or impervious surfaces;
4. 
Water run-off from irrigated property;
5. 
Irrigating at hours not permitted in this section.
[Ord. No. O-91-11]
The water use restrictions imposed pursuant to this section shall be enforced by any Police Officer or Code Enforcement Officer.
[Ord. No. O-91-11]
The Chief of Police, any Police Officer of the Borough of Monmouth Beach or the Borough Construction Official may make a complaint in the Municipal Court of the Borough of Monmouth Beach for any violations of this section or any subsection, paragraph or provision thereof. Upon conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall, upon conviction thereof, be liable for the penalty prescribed by these ordinances or as permitted by State Law.
[Ord. No. O-91-11]
The following activities shall not be subject to the requirements of this section:
a. 
Outdoor water use from rain water harvesting, gray water, or reclaimed water are exempt from the provisions of the section. Use of gray or reclaimed water must have an approved NJPDES permit issued through the NJDEP.
b. 
Outdoor water use for commercial farms producing harvestable crops, commercial nurseries, sod farms and golf courses are exempt from the provisions of the section.
c. 
Outdoor irrigation necessary for one day only where treatment with an application of chemicals require immediate watering to preserve an existing landscape or to establish a new landscape.
d. 
Outdoor irrigation necessary for the establishment of newly sodded lawns or landscaping within the first 21 consecutive days of planting.
e. 
Visually supervised operation of an irrigation system by a person in compliance with the New Jersey Landscape Irrigation Contractor Certification Act of 1991 (N.J.S.A. 45:5AA-1) and at the minimum rate necessary in order to check system condition and effectiveness.
[Ord. No. 10-14-80 § 1]
No person shall detain or fail to return any book or article borrowed from the Monmouth Beach Library contrary to the rules and regulations of the Monmouth Beach Library after 15 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 to the library.
[Ord. No. 10-14-80 § 2]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article, or any part thereof, which is owned by or is in the custody of such library.
[Ord. No. 10-14-80 § 3]
No person with intent to defraud shall register or furnish a false name or address, or use any card other than the one issued to the person for the purpose of borrowing any book or article from the library.
[Ord. No. 8-25-36]
It shall be unlawful for any person to disrobe on the beach front, in the streets or alleys, in automobiles or other public places in the Borough.
[Ord. No. 10-13-31]
It shall be unlawful to possess or discharge any firearm or weapon within the limits of the Borough of Monmouth Beach unless authorized and permitted by the laws of the State of New Jersey.
[Ord. No. O-18-2002 § 1]
There are established "Drug-Free Zones" in and about the Borough of Monmouth Beach, Monmouth County, New Jersey, pursuant to N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1.
[Ord. No. O-18-2002 § 2]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, the Drug-Free Zone Map produced on or about December 11, 2001, by the Borough Engineer is hereby approved and adopted as an official finding and record depicting the location of the following areas within the municipality:
a. 
Any property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board; and
b. 
All areas on or within 1,000 feet of such school property referenced in paragraph a above; and
c. 
Any property which is the site of a public housing facility, a public park, or a public building, as defined in N.J.S.A. 2C:35-7.1; and
d. 
All areas on or within 500 feet of any public housing facility, any public park, or any public building, as referenced in paragraph c above.
[Ord. No. O-18-2002 § 3]
The Drug-Free Zone Map approved and adopted pursuant to Subsection 3-14.2 shall continue to constitute an official finding and record as to the location and boundaries of the areas referenced in Subsection 3-14.2, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of such areas.
[Ord. No. O-18-2002 § 4]
The School Board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. No. O-18-2002 § 5]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-14.2, and to provide at a reasonable cost a true copy thereof to any person, agency, or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the Monmouth County Prosecutor.
[Ord. No. O-18-2002 § 6]
The following additional matters are hereby determined, declared, recited, and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-14.2 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or school board;
3. 
That such school property is and continues to be used for school purposes;
4. 
The location and boundaries of all areas which are on or within 1,000 feet of such school property;
5. 
The location and boundaries of all properties which are the sites of public housing facilities, public parks, and public buildings within the municipality;
6. 
That the properties referenced in paragraph 5 above are and continue to be used for the purposes of public housing facilities, public parks, and or public buildings;
7. 
The location and boundaries of all areas which are on or within 500 feet of the properties referenced in paragraph 5 above.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:25-7.
c. 
All of the property depicted on the map approved and adopted herein as the property of public housing facilities, public parks and public buildings was being used for such purposes as of January 9, 1998, that being the effective date of N.J.S.A. 2C:35-7.1.
d. 
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-14.2. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for the purposes referenced in this section, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to school or school board, or that such property is not used for school purposes or for any of the other public purposes referenced in this section.
e. 
All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 concerning the preparation, approval, and adoption of a Drug-Free Zone Map have been complied with.
[Ord. No. O-58-00 § 1]
Any person under the legal age, without legal authority, who knowingly possesses or knowingly consumes an alcoholic beverage on public or private property shall be guilty of a violation of this section and shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense.
[Ord. No. O-58-00 § 2]
The Court, may, in addition to the fine authorized under this section, suspend or postpone for six months the driving privilege of the defendant. Upon conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of sentence has a valid driver's license issued by the State, the Court shall immediately collect the license and forward it to the Motor Vehicle Commission along with a required report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
If the person convicted under this section is not a New Jersey resident, the Court shall suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Motor Vehicle Commission a required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report from the Court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the nonresident's suspension or postponement.
[Ord. No. O-58-00 § 3]
Nothing in this section shall prohibit an under-aged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
[Ord. No. O-58-00 § 4]
As used in this section:
GUARDIAN
A person who has qualified as a guardian of the under-aged person pursuant to testamentary or court appointment.
RELATIVE
The under-aged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
[Ord. No. O-58-00 § 5]
Nothing in this section shall prohibit possession of alcoholic beverages by any person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a County vocational school or post secondary educational institution; however, this section shall not preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic activity on or at premises licensed for the sale of alcoholic beverages.
[Added 5-22-2018 by Ord. No. O-08-18]
The intent of this section is to adopt regulations relating to and limiting the use of single-use plastic bags, polystyrene foam containers and plastic straws by businesses in the Borough of Monmouth Beach. The regulations are intended as necessary and proper steps by the Borough to address a significant global problem relating to the sale and use of single-use plastic bags, polystyrene foam containers and plastic straws, to further incentivize the use of reusable bags at businesses, and, ultimately, to protect the environment, wildlife, and the public health, welfare, and safety.
The following words, phrases and terms, as used in this section, are hereby defined for the purpose thereof as follows.
BUSINESS or STORE
For the purpose of this Section 3-17, any retail establishment that engages in the retail sale of goods and products. The definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, surf shops, dry cleaners, food marts, and food service establishments.
FOOD SERVICE ESTABLISHMENT
Any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery.
GOODS and PRODUCTS
Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
PRODUCE BAG or PRODUCT BAG
Any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
RETAIL
The sale of goods and products for use and/or consumption.
REUSABLE BAG
A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mils thick if made from plastic, has a minimum lifetime of 75 uses, and its capable of carrying a minimum of 18 pounds.
SINGLE-USE PLASTIC CARRYOUT BAG
A bag, sheet, or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the checkout stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term "single-use plastic carryout bag" does not include reusable bags, produce bags, or garment bags.
No business or store shall provide any single-use plastic carryout bags, polystyrene foam containers and/or plastic straws to a customer at the checkout stand, cash register, point of sale, or other point of departure for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this section.
(Reserved)
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable for a penalty as provided by law.
[Added 3-26-2019 by Ord. No. O-02-19]
This section is adopted in order to protect the environment, particularly marine and other wildlife, and the health, safety and welfare of persons and property by prohibiting the intentional release of balloons inflated with lighter than air gasses into the atmosphere.
It shall be unlawful for any person or entity to intentionally release, intentionally organize the release of, or otherwise intentionally cause the release of a balloon inflated with a gas that is lighter than air within the boundaries of the Borough of Monmouth Beach, except for:
a. 
A balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract; or
b. 
A hot air balloon that is recovered after launching; or
c. 
A balloon that is released indoors and remains indoors.
Each person violating any of the provisions of this section shall, upon conviction thereof, be liable for the penalty as provided by law and as authorized in the Revised General Ordinances of the Borough of Monmouth Beach.
[Added 3-26-2019 by Ord. No. O-04-19]
a. 
The purpose of this section requiring landscaper and tree removal company registration is to ensure that persons defined in Subsection 3-18.2 are cognizant of the Borough's regulations concerning the Borough's stormwater protection, noise, quality of life and tree protection and branch collection regulations. Nothing in this section shall relieve any owner, lessee or tenant of his or her responsibility to comply with the requirements of the Borough's ordinances.
b. 
No person shall landscape or engage in any landscaping or tree removal on any public or private property within the Borough for hire without first registering with the Municipal Clerk, on forms to be supplied by the Borough.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present text include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FOR HIRE
To demand and/or accept payment or compensation for completion of services.
LANDSCAPE AND LANDSCAPING
To be in the business, occupation or trade of adorning or improving any property or portion of property by trimming or cutting grass or shrubs; by planting, installing or removing leaves, branches, grass, flowers, mulch, hedges or shrubs; or by planting, removing or installing trees. As used in this section, "landscape and landscaping" shall also refer to solicitation of the above-referenced services.
PERSON
Any individual or entity whose existence is recognized by law, including, but not limited to, any partnership, corporation, limited liability company, firm, association, or any combination of the foregoing.
TREE REMOVAL
The actual removal of trees, or direct or indirect actions resulting in the effective removal of trees through damage or poison, or similar actions directly or indirectly resulting in the death of trees.
a. 
At the time of registration, applicants shall provide proof that they have received a copy of and will comply with the provisions of the Borough's ordinances, including but not limited to stormwater protection, noise, quality of life and tree protection and branch collection regulations.
b. 
Every registration shall be issued and renewed on an annual basis, effective February 1 of each year, upon payment of an annual fee to the Borough in the amount of $50 for two tags. Additional tags shall be furnished at a cost of $10 each at the time of registration; the cost of replacements for lost or stolen tags shall be $25 each.
c. 
No registration shall be required of any owner, lessee or tenant of real property who shall personally perform activities otherwise requiring a registration; except that all such work must otherwise comply with the Borough's ordinance.
d. 
The Borough Commissioners may, upon recommendation of the Borough's Code Enforcement Officer or Borough Superintendent of Public Works, or designee of one or both, after notice and an opportunity for a hearing, suspend or revoke any registration for violation of law or related Borough ordinances, or for good cause, which is shown to be prejudicial to the public health, safety or welfare. When the Code Officer or Borough Superintendent of Public Works, or designee of one or both, has reasonable cause or belief that an emergency affecting the public health, safety or welfare so requires, said official may temporarily suspend any registration for a period not to exceed one week or until the Borough Commissioners can be convened to consider said suspension.
e. 
The Borough makes no guarantee or representation regarding the fitness, knowledge or qualification of any person that is registered by the Borough to engage in landscaping for hire.
a. 
Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punished by imposition of the penalties as stated in Chapter 1, Section 1-5.2, of the Revised General Ordinances of the Borough of Monmouth Beach.
b. 
Each instance of engaging in a separate regulated activity, in violation of this section, including specifically each tree removed, shall be deemed a separate offense.
c. 
In addition, the Borough may institute civil action for injunctive or other relief to enforce the provisions of this section, including requiring the replacement of all trees illegally removed and/or, at the option of the Borough, the payment of a contribution to allow equivalent mitigation on public land.
[Added 12-21-2021 by Ord. No. O-13-21]
[Added 12-21-2021 by Ord. No. O-13-21]
As used in this section, these terms shall have the following meanings:
FAMILY VIDEOS AND PHOTOGRAPHY
The filming or videotaping of motion pictures, or still photography, intended solely for private use.
FILMING
The taking of commercial still photography or motion pictures either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theaters or for institutional uses. This term shall not include family videos and photography, and news media, as defined herein.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture, or television production studio or corporation; or filming activity connected with any part of a production with an overall budget of $2,000,000, or more; or any recurrent television series programming.
MOTION PICTURE, TELEVISION PICTURES, COMMERCIAL STILL PHOTOGRAPHY
All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than 60 consecutive minutes.
NEWS MEDIA
Photographic, filming, and/or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers, or cameramen.
PUBLIC LANDS
The areas, including but not limited to any public building, street, sidewalk highway, sidewalk, square, park, playground, and other public places, which is within the jurisdiction and control of the Borough of Monmouth Beach.
STUDENT FILMS
Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that he/she is currently enrolled in any such educational institution.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
No person shall use any public or private property, public right-of-way, facility, and/or residence for the purpose of taking motion pictures, television pictures or commercial still photography, as defined herein, without first applying for and receiving approval from the Borough Administrator of the Borough of Monmouth Beach, as applicable.
b. 
The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to days or dates. No permit shall authorize filming for more than three consecutive days in any one location, and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by Subsection 3-20.10. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
c. 
All permits shall be applied for and be obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by a permit fee in the amounts established by this section in Subsection 3-20.11.
d. 
If a permit is issued and filming does not in fact take place on the dates specified due to good cause, including but not limited to reasons of inclement weather, the Borough Administrator may issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this new permit.
e. 
The provisions of this subsection shall not apply to news media and family videos and photography.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
Permits shall be issued by the Borough Administrator. Any such review shall determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed.
b. 
Expedited permits may be issued by the Borough Administrator upon payment of the requisite fee. The Borough Administrator may determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed. Expedited permits shall be issued at the close of the fourth business day after submission of a complete permit application.
c. 
No permits shall be issued unless all fees and reasonably necessary reimbursable expenses are paid to the Borough.
d. 
No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough of Monmouth Beach with satisfactory proof of the following:
1. 
Proof of insurance coverage, including but not limited to for bodily injury to any one person in the amount of $1,000,000, and any occurrence in the aggregate amount of $3,000,000;
2. 
For property damage for each occurrence in the aggregate amount of $1,000,000;
3. 
A written hold harmless and indemnification agreement acceptable to the Borough Attorney.
4. 
The posting of cash or maintenance bond for the value of $500, protecting and ensuring that the location utilized for the filming will be left, in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Borough ordinances, laws, and regulations will be followed. Within seven days of the completion of the filming, the Borough will return the bond if there has been no damage to the public property or public expense caused by the filming.
e. 
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Monmouth Beach Police Department, the Fire Marshal, and the Borough Administrator with respect thereto.
f. 
The applicant shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners as a result of such filming and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights-of-way shall be done so in accordance with all applicable state and local regulations.
g. 
The holder shall not interfere with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.
h. 
The applicant shall give written notice of the filming to all businesses and residents within 200 feet of the filming location, and further, provide written proof of such notice at least three business days prior to the submission of a completed permit application. Such written notice shall be in a form acceptable to the Borough Administrator and shall inform such businesses and residents that objections may be filed with the Borough Administrator within the next three business days, said objections to form a part of applicant's application and be considered in the review of the same.
i. 
No permit shall be issued for the use of the Beach and/or Bathing Pavilion between May 1 through September 30.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of SECTION 3-1 of this Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with this Section 3-20. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
b. 
Filming on private property shall be permitted subject to the issuance of a permit under this section and subject to the owner of the private property being an additional applicant on the permit application.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
The Borough of Monmouth Beach may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application by the Police Department and by other Borough 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 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. 
The Borough reserves the right to require, with the approval of the Chief of Police as to Police personnel, one or more Monmouth Beach police officer(s), Fire personnel or any such other specialized Borough officials to remain on-site during the times indicated on the permit, in situations where the production may impede the proper flow of traffic, or otherwise impact upon public safety. The cost of all such personnel shall be borne by the applicant consistent with the Ordinances of the Borough of Monmouth Beach including but not limited to the "Off-Duty Assignment" ordinance applicable to the Police department. Other personnel shall be billed at the existing hourly rate of the personnel assigned. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
Any person aggrieved by a decision of the Borough denying or revoking a permit or a person requesting relief may appeal to the Borough Commissioners. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
b. 
The Borough Commissioners shall set the matter down for a hearing within at its next scheduled public meeting that occurs not less than 10 days from the date of appeal. The decision of the Borough shall be in the form of a resolution at the first regularly scheduled public meeting, after the hearing of the appeal. The appellant may agree in writing to a later date for the decision.
[Added 12-21-2021 by Ord. No. O-13-21]
The Borough may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Borough shall consider factors, including but not limited to the following:
a. 
Traffic congestion at the location; and
b. 
The applicant's ability to remove film-related vehicles off the public streets; and
c. 
Whether the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming; and
d. 
Nature of the film shoot itself, e.g., indoors or outdoors; day or night; on public or private lands; proximity to residential neighborhoods; potential for disruption of normal residential or business activities; and
e. 
Prior experience of the film company/applicant with the Borough, if any.
[Added 12-21-2021 by Ord. No. O-13-21]
Copies of the approved permit shall be sent to the Police and Fire Departments before filming takes place. The applicant shall permit the Police Department, the Fire Marshal or other Borough inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued by the Police Department, the Fire Marshal, or other Borough inspections.
[Added 12-21-2021 by Ord. No. O-13-21]
In addition to any and all other fees or costs mentioned in this section, the applicant shall reimburse the Borough for any lost revenue, including, but not limited to, repairs required to public property, and any revenues that the Borough was prevented from earning because of the filming.
[Added 12-21-2021 by Ord. No. O-13-21]
a. 
With regards to filming being done on a major motion picture, and upon a favorable review of the factors set forth in this section, the Borough may grant an exemption of the three-consecutive-filming-day limit and/or the six total filming days within a calendar year limit as defined in Subsection 3-20.2.
b. 
Any days that are necessary for setup and preparation of a major motion picture filming may, at the discretion of the Borough, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in Subsection 3-20.2 hereof.
[Added 12-21-2021 by Ord. No. O-13-21]
The schedule of fees for the issuance of permits authorized by this section are as follows:
a. 
Basic filming permit (Borough Administrator): $100.
b. 
Expedited permit (Borough Administrator review): $250.
c. 
Student films: no permit fee. Student films are otherwise liable for all other Borough costs, except for filming or photography that is part of a course of study at any Monmouth Beach educational institution, including, but not limited to, the Monmouth Beach Public Schools, or the Shore Regional High School District, or such other educational facilities located within the Borough.
d. 
Overnight parking/use of Borough lot(s): at cost.
e. 
Police/fire protection: at cost.
f. 
Use of Borough buildings, public parks, or closing of any street(s): $500 per facility, per day.
[Added 12-21-2021 by Ord. No. O-13-21]
Where the owner of the premises is not the applicant for a permit required by this section, both the owner and the applicant shall each be liable for violations hereof. Any person violating this section or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment in the county jail 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 continues.