Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: For regulations requiring the removal of ice and snow from sidewalks, see Section 12-3.
[1973 Code § 3-10.3; Ord. No. 90-539 § 1; Ord. No. 94-593; Ord. No. 2005-754]
No person shall serve, sell, dispense, drink or consume any alcoholic beverage nor shall any person possess any open container of alcoholic beverage upon any street, sidewalk, or public or semipublic area in the Borough of Lake Como. Exempted from this section shall be any areas where the New Jersey State Liquor License authorizes the possession and consumption of alcoholic beverages.
[1973 Code § 3-10.4; Ord. No. 94-593]
No person under the age of 21 years shall request, order, consume, possess or be served any alcoholic beverage, nor shall any person sell, provide, induce, invite or allow any person under the age of 21 years to consume, possess or be served with an alcoholic beverage.
[Ord. No. 00-680]
a. 
The consumption and/or possession of alcohol to anyone under the legal drinking age on private property shall be prohibited in the Borough.
b. 
It shall not be a violation of this subsection for any person under the legal drinking age to consume or possess alcoholic beverages in connection with a religious observance ceremony and/or rite. It shall also not be a violation of this subsection for an underage person to consume or possess alcoholic beverages on private property while that underage person is in the presence of and with the permission of a parent, guardian and/or relative who has attained the legal age to purchase and consume alcoholic beverages. A guardian shall be a person who has qualified as the guardian of the underage person pursuant to a testamentary appointment of a Court ordered appointment. A relative shall mean any person directly related to the underage person such as the person's parents, grandparents, aunt, uncle, siblings and any other person related by blood or affinity. It shall also not be a violation of this subsection for any underage person to possess alcoholic beverages while in the performance of his or her employment at a licensed establishment under Title 33 of the Revised Statutes of New Jersey 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.
c. 
Penalties. A plea of guilty or a finding of guilt by a Court of competent jurisdiction shall result in a fine of $250 plus costs for a first offense and $350 plus costs for any subsequent offense. The Court may also, in addition to the above noted fines, suspend or postpone the driving privileges of the defendants for a six-month period. Upon a conviction of this offense and the suspension of the driving privileges or postponement of the driving privileges of the defendant, the Court shall notify the proper motor vehicle authorities in this State or any other state pursuant to the statutes and administrative code of the State of New Jersey. The Court shall also inform the defendant of the ramifications of driving while on the revoked list or applying for a driver's license during the postponement period as set offenses would relate to a violation of driving while on the revoked list.
[1973 Code § 3-3.1; Ord. No. 2005-762]
a. 
No child under the age of 18 years of age shall be upon any public street, park, public place or quasi-public place, either on foot or in vehicle, after the hour of 10:00 p.m. and before the hour of 6:00 a.m. unless accompanied by a parent, guardian, a member of his immediate family over the age of 18 years or by such other person as shall have the legal custody and control of such minor child. If a parent or guardian violates such ordinance, the parent or guardian shall also be charged.
Exceptions shall include a juvenile engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform, involving medical emergencies, extracurricular school activities, participation in other cultural, educational and social events, sponsored by religious or community-based organizations during curfew hours.
b. 
School-Time Curfew. No child under the age of 18 years of age shall be upon any public street, park, public place or quasi-public place, either on foot or in a vehicle, between the hours of 7:45 a.m. and 2:45 p.m. when a juvenile is required to be in attendance at either a public or non-public school unless the juvenile is accompanied by either a parent or guardian, is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place or involving a medical emergency.
[1973 Code § 3-3.2]
No parent, guardian or other person having the custody and control of any such minor child under the age of 16 shall allow or permit such minor child to go or be in or upon any of the streets, parks, public places or quasi-public places in the Borough after 10:00 p.m. and before 5:00 a.m. except in the manner and for the purposes specified in this section.
[1973 Code § 3-3.3]
The provisions of this section shall not apply to any minor child who shall be gainfully employed or who shall be a bona fide student of a school of instruction during the time necessarily required to travel between such minor child's residence and place of employment or instruction.
[1973 Code § 3-3.4]
Should any emergency arise necessitating such minor child under the age of 16 years being dispatched upon an errand requiring his presence upon a public street after the curfew hour herein established, he shall have in his possession a note signed by some person in his immediate household over the age of 18 years stating the nature of the errand, the necessity therefor, the place to which the child is to go, the time when such note was issued and the time required for such errand.
[1973 Code § 3-3.5]
Any Police Officer is hereby authorized and empowered to take into custody any such minor child who may be in the act of violating this section. The Officer shall return the child to the child's home and shall notify the parent or person having legal care and custody of the child of the violation of this section and the penalty therefor of a second or subsequent violation. The Officer shall report the violation to the Chief of Police, who shall keep a record thereof. The child shall be released immediately in the custody of such parent or person having his legal care or custody.
[1973 Code 3-3.6]
Upon the second or subsequent violation of this section by such minor child under the age of 16 years or by the parent, guardian or person having the legal custody of such child, and upon conviction thereof, the violator shall be liable to the penalty stated in Chapter I, Section 1-5.
[1973 Code 3-5.1]
It shall be unlawful for any person to change, disrobe, dress, undress or otherwise remove his clothing in any automobile in any of the public streets or places in the Borough.
[1973 Code § 3-5.2]
It shall be unlawful for any person to change, disrobe, dress or undress or otherwise remove his clothing in any of the public streets or places of the Borough.
[New]
a. 
Certain Types of Loitering Prohibited. No person shall loiter in a public place in such manner as to:
1. 
Create or cause to be created a danger of a breach of the peace.
2. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
3. 
Obstruct the free passage of pedestrians or vehicles.
4. 
Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
b. 
Loitering by Minors. No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
[New]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-4.1, the Officer may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[1973 Code § 3-10.6]
No person shall indulge in and utter loud, common, offensive, indecent or profane language, or address or make audible any offensive remarks or comments upon or to any person passing along or being on or in any public conveyance, highway, or public place.
[1973 Code § 3-10.7]
No person shall annoy, obstruct or interfere with any person lawfully being on any street, or other public place or conveyance.
[1973 Code 3-10.9]
No person shall revel, quarrel, brawl or otherwise misbehave in a disorderly manner to disturb the public peace and quiet, or be guilty of any other disorderly conduct in or on a street or public place.
[1973 Code § 3-10.10]
No person shall willfully disquiet or disturb any lawful meeting or assembly for religious worship, either by making loud noises, or rude or indecent behavior or profane talk, whether in the meeting or in the immediate vicinity of the same.
[1973 Code § 3-10.11; Ord. No. 94-593]
No person shall exhibit him or herself in any indecent, immodest, obscene or vulgar manner where a person's genitals may be exposed to public view, nor shall any person make any indecent or lewd exposure of themselves or action any immodest, indecent or lewd manner or utter lewd or indecent words. No person shall urinate or defecate or attempt to urinate or defecate, nor shall any person expose their genitals for the purpose of urinating or defecating nor shall any person expose their genitals for the purpose of urinating or defecating in any public street, sidewalk, public grounds, semi-public grounds or on any private property not specifically designed as a lavatory, properly enclosed from public view and designed for the purpose of urinating or defecating.
[1973 Code § 3-10.13]
Any person shall set up, keep or maintain or permit to be set up, kept or maintained in any house or premises, any device or game of chance for the purpose of illegal gaming, or shall engage in any game of chance or shall engage in any game of chance either as banker, player, dealer or otherwise for the purpose of gaming, shall be deemed and adjudged to be an immoral person.
[1973 Code § 3-10.14]
No person shall, without permission of the Council, deposit, display, exhibit or offer for sale their goods, wares or merchandise upon the sidewalk, streets, or other public places.
[1973 Code § 3-10.16]
No person shall obstruct any sidewalk, highway or public place or any crosswalk, or crossing over any street or other public place by stopping any vehicle or placing any obstruction, material or thing upon or across the same so as to prevent other persons or vehicles from the uninterrupted passage thereof; provided, however, that the free passage of a sidewalk or driveway in front of a business establishment may be obstructed for a period of not to exceed four minutes in any one hour.
[1973 Code § 3-10.18; Ord. No. 2011-860]
a. 
Riding on Sidewalks. No person over the age of 12 years shall propel, drive or otherwise move any bicycle, tricycle or other machine or vehicle upon any sidewalk, excepting at a driveway.
b. 
Attachment of Pedicycles to any Structures Other Than Bicycle Racks Prohibited. It shall be prohibited for anyone to attach any type of tether, chain or in any way affix any pedicycle, including but not limited to bicycles and tricycles, from any public structure other than a bicycle rack. No person shall, in the matter described above, attach any pedicycle to any street sign, fire hydrant, tree or any other structure. All pedicycles, including but not limited to bicycles and tricycles, may only be attached, chained, tethered or in any way affixed to regulation bicycle racks. The Borough Police Officers shall be authorized to either: (1) take any offending pedicycle, including but not limited to any bicycle or tricycle, into custody. In doing so, the Borough Police Officers are hereby authorized to break or cut into any chain or other implement affixing the pedicycle to any of the above listed public or private structures; and (2) the above-noted public officials are also hereby authorized to rechain the offending pedicycle to the structure leaving instructions to report to the Borough Police Department to receive a summons for violating this subsection; or (3) issue a summons to the offending person, pursuant to law.
Any pedicycle taken into police custody that is not reclaimed within 10 days shall become the property of the Borough of Lake Como and may be disposed of according to law. Any pedicycle that is rechained by a public employee to any of the above-noted structures that is not reclaimed by the owner or user thereof by reporting within 24 hours to the Borough of Belmar Police Department pursuant to this subsection shall be taken into custody of the Borough of Belmar Police Department and if not reclaimed within 10 days it shall become the property of the Borough of Lake Como and disposed of according to law.
Any person violating this subsection shall be subject to penalty as provided in the public ordinances of the Borough of Lake Como.
[1973 Code § 3-10.19]
No person shall fasten or place any notice, sign, advertisement matter, or other material on any post, pole, tree or structure on any street or public place, excepting public bulletin boards; or distribute, hand out, deposit or leave on any street or other public place or private property any circulars, notices, samples or other advertising matter; provided that, upon first obtaining a permit from the Council, such material may be personally delivered to any person over 16 years of age willing to receive it.
[Added 7-5-2016 by Ord. No. 2016-915]
It shall be unlawful for any person to, without lawful purpose, unduly interfere with the business operations of any lawful business enterprise conducted upon its property or at its principal place of business, or to cause any undue expenditure of such business enterprise's resources thereat, within the Borough of Lake Como. Any person found in violation of this section shall be subject to the mandatory fines and penalties as may be provided for herein.
[1973 Code § 3-10.21; Ord. No. 2007-801]
No person shall cut down, destroy, break, or in any manner injure any shade tree or decorative shrub or plant standing in any street or other public place, except by direction from the Zoning Official.
[Ord. No. 92-563; New]
a. 
Prohibited. It shall be unlawful for any person to flee from any Police Officer after being directed by any such officer, in the exercise of his official duties to halt; or to flee from any such officer for the purpose of avoiding arrest.
b. 
Penalty Provisions. Persons in violation of this subsection shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
[1973 Code § 3-10.15; New; Ord. No. 2006-780]
Refer to subsection 3-12.1 Litter Control.
[1973 Code § 3-10.22]
No person shall appear in the public streets, sidewalks or other public places in the Borough while wearing a bathing costume consisting of only trunks and having the upper portion of the torso exposed or in any indecent, lewd, immoral or lascivious attire.
[1973 Code § 3-5.3; Ord. No. 94-593]
It shall be unlawful for any person to sleep in any automobile or other motor vehicle, or in any location not specifically designed for sleeping as would be allowed under the Lake Como Housing Code, (See Chapter IX, Building and Housing Section 9-2 Housing Code), or upon any of the public streets, sidewalks, parks, or any other public or semi-public place, or any other place in the Borough at any hour of the day.
[Ord. No. 350 § 1]
There is hereby adopted by the Borough of Lake Como, the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire suppression forces.
[Ord. No. 350 § 2]
Pursuant to N.J.A.C. 5:70, the Fire Official or his/her duly authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The Fire Official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Official.
[Ord. No. 350 § 3; New]
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any Fire Department operation when responding to fire or other emergency.
[Ord. No. 350 § 4]
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Official or to interfere with the compliance attempts of another individual.
[Ord. No. 350 § 5]
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Officer in command of the operation.
[Ord. No. 350 § 6]
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
[Ord. No. 350 § 7]
Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Officer or a Police Officer.
[Ord. No. 350 § 8; New]
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm and other emergency .
[Ord. No. 350 § 9]
A person shall not, without proper authorization from the fire official in charge of the Fire Department emergency equipment, cling to, attach himself/herself to, climb upon or into, board, or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon, or to manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of, any Fire Department emergency vehicle.
[Ord. No. 350 § 10; New]
It shall be unlawful for any person to damage or deface, or attempt, or conspire to damage or deface any Fire Department emergency vehicle or equipment at any time, or to injure, or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
[Ord. No. 350 § 11]
The driver of any emergency vehicle, as defined in subsection 3-11.5, shall not sound the siren or have the front red lights on or disobey any existing traffic regulation
[Ord. No. 350 § 12]
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes, or on private property.
If upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the Municipal Treasury on certificate of the Fire Official and with the approval of the Chief Administrative Official; and the legal authority of the Borough shall institute appropriate action for the recovery of such costs.
[Ord. No. 350 § 13; New]
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the Fire Official and the water company having jurisdiction. This subsection shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction after notifying the Borough.
[Ord. No. 350 § 14]
The Fire Official shall recommend to the Chief Administrative Official of the Borough, the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Official.
[Ord. No. 350 § 15]
All new and existing oil storage plants, lumber yards, amusement or exhibition parks, and educational or institutional complexes and similar occupancies and uses involving high fire, or life hazards, and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Official shall designate and approve the number and location of fire hydrants. The Fire Official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.
[Ord. No. 350 § 16]
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging, or making necessary repairs, or when permitted by the Fire Official. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Official.
[Ord. No. 350 § 17]
A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Official, or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk and the units are permanently disfigured or marked with permanent sign identifying the unit as junk.
[Ord. No. 350A § 18]
A person or persons shall not erect, construct, place, or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the municipality. The word "street" as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the Borough.
[Ord. No. 89-532 §§ 1 through 10; Ord. No. 2006-780; 3-21-2017 by Ord. No. 2017-922]
a. 
Purpose. The purpose of this section is to establish requirements to control littering in the Borough of Lake Como, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory.
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, saw milling, farming or manufacturing. "Litter" shall include any advertisement, handbill or unsolicited material placed in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
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.
PRIVATE PREMISES
All property including, but not limited to, vacant land or any land, building or other structure, designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yards, grounds, walkways, driveways, fences, porches, steps, vestibules, mailboxes and other structures appurtenant thereto.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses and any and all public parks, squares, spaces, grounds, buildings, structures, fixtures and signs.
c. 
Prohibited acts and regulated activities. 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. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough, or upon private premises. 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.
d. 
Enforcement. This section shall be enforced by the Police Department and/or any other municipal officials of the Borough of Lake Como.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to at least the minimum fine in accordance with the General Penalty, § 1-5 of the Revised General Ordinances of the Borough of Lake Como.
It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk vehicle or vehicle parts, rubber tires, appliances, furniture or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
a. 
Litter receptacles and their servicing are required at the following public places which exist in the Borough, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available. The owner or person in control of any private premises shall, at all times, maintain the property free of litter except as contained in authorized receptacles for collection.
b. 
Tampering with receptacles. No person shall upset or tamper with a receptacle designed or used for the deposit of litter or cause or permit its contents to be deposited or strewn in or upon any public place or private premises.
No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and property containerized for disposal.
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter has fallen or escaped which would cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage or refuse. Other debris, including dirt and mud, deposited as the result of normal construction process upon any public place or private premises shall be removed by the contractor.
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter.
It shall be unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited materials of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
In the event that the owner or possessor of private property or lands shall refuse or neglect to abate or remedy the condition which constitutes a violation of this section, the Borough may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this section by or under the direction of any appointed officer or officers of this jurisdiction, in cases where the owner or tenant shall have refused or neglect to remove the materials within five days of receiving a notice of violation, such officer shall certify the cost thereof to the municipality, which shall examine the certificate, and if found correct, cause the cost as shown thereon to be charged against the lands and will be added to and become and form part of the taxes next to be assessed and levied upon the lands. The fines shall bear interest at the same rate as taxes and shall be collected an enforced by the same officers and in the same manner as taxes.
[Ord. No. 2006-775]
a. 
Purpose. The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Lake Como, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Lake Como or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
c. 
Prohibited Conduct. The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Lake Como is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
d. 
Exceptions to Prohibition.
1. 
Water line flushing and discharges from potable water sources.
2. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps foundation or footing drains, rising groundwaters).
3. 
Air conditioning condensate (excluding contact and non-contact cooling water).
4. 
Irrigation water (including landscape and lawn watering runoff).
5. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
6. 
Residential car washing water, and residential swimming pool discharges.
7. 
Sidewalk, driveway and street wash water.
8. 
Flows from firefighting activities.
9. 
Flows from rinsing of the following equipment with clean water:
(a) 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
(b) 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
e. 
Enforcement. This section shall be enforced by the Belmar Police Department and/or any other municipal officials of the Borough of Lake Como.
f. 
Penalties. Any person(s) who continues to be in violation of the provisions of this section, after being duly notified, shall be subject to a fine in accordance with the General Penalty, Section 1-5 of the Revised General Ordinances of the Borough of Lake Como.
[1973 Code § 3-2.1]
The creation of any unreasonably loud, disturbing and unnecessary noise in the Borough is hereby prohibited. There is further prohibited any noise of such character, intensity or duration as is detrimental to the life or health of any individual.
[1973 Code § 3-2.2]
a. 
It shall be unlawful for any person to make, continue or cause to be made or continued, any loud and unnecessary noise, within the Borough, which noise either annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of others.
b. 
It shall be unlawful for any person to be present and participate with another person who is creating loud and unnecessary noise in public or private places.
c. 
Any person present and participating with another person, causing or creating any loud and unnecessary noise, shall be guilty as a principal.
d. 
Any person who permits any other person to make, utter or engage in such loud and unnecessary noise which disturbs the public peace while such other person is in or upon property of which he is a tenant, or upon property of which he is otherwise in charge or in possession, shall be guilty of a violation of this section.
[1973 Code § 3-2.3; Ord. No. 2010-850]
The following acts, among others but not by way of limitation, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the following enumeration shall not be deemed to be exclusive:
a. 
Horns, Signaling Devices, Etc. The sounding of any horn or signaling device or any automobile, motorcycle, bus or other vehicle on any street or public place of the Borough, except as a danger warning; the creation by means of any horn or signal device of any unreasonably loud or harsh sound or the sounding of such horn or signaling device for any unnecessary and unreasonable period of time or the use of such horn or signaling device when traffic is for any reason held up; the use of any horn, whistle or other device operated by engine exhaust.
b. 
Radios, Phonographs, Etc. The playing of any radio, television, phonograph, musical instrument or other machine or device for the producing or reproducing of sound, in such a manner or with such volume, and as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence or to disturb the peace, quiet and comfort of the neighboring inhabitants or to play or operate the same with louder volume than is necessary for convenient hearing for the person who is in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto.
c. 
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing in the public streets so as to annoy and disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other types of residence or of any persons in the vicinity.
d. 
Construction or Repair of Structure. All construction or repair of a structure including excavation, demolition, alteration or repair shall take place only between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday.
The exception to this regulation shall be that, on residential properties only, the homeowner or resident may engage in routine repair and maintenance between the hours of 10:00 a.m. and 4:00 p.m. on Sunday. This exception shall not apply to third-party contractors or repair persons hired by the homeowner or resident.
A further exception to this regulation shall be in cases of urgent necessity in the interest of public health and safety and then, only with a permit from the Construction Official, which permit shall be granted for a period not to exceed three days or less and only while the emergency continues. This permit may be renewed for an additional period of three days or less while, in the opinion of the Construction Official, the emergency continues and the repairs and the construction work in ongoing.
[1973 Code § 3-2.4]
The Chief of Police, a Borough Police Officer or any taxpayer or resident of the Borough may make complaint in the Municipal Court for any violation of this section.
[Ord. No. 305, Preamble]
The Borough finds and declares that the uncontrolled and unsupervised activities of minor persons within the Borough are detrimental to the maintenance of public safety and contrary to the general welfare.
It is further found and declared that parental responsibility for the proper control and supervision of minor children is essential to effective law enforcement within the Borough.
[Ord. No. 305 § 1]
As used in this section:
MINOR
shall mean any unemancipated person under the age of 18 years.
PARENT
shall mean and include either or both natural parents of a minor, the legal guardians of such minor, or any other adult persons who have voluntarily or otherwise assumed the responsibility of a natural parent with respect to custody, care and control of the minor. For the purpose of the enforcement of this section, the term parent shall not apply to natural parents, legal guardians or other persons whose responsibility for the custody and control of such minor has been transferred to another person or otherwise terminated by court order, or by the emancipation of the minor by marriage, military service or other circumstances. Persons claiming the benefit of any such termination or transfer or responsibilities shall bear the burden of establishing the same in any proceedings hereunder.
VIOLATION OF THE PUBLIC PEACE
shall mean and include any of the following acts: defacing, damaging or destroying public property or the private property of another, within the Borough; committing an assault or an assault and battery upon another person in the Borough; robbery, stealing or larceny including shoplifting; knowingly receiving stolen property; violation of any existing ordinances of the Borough; breaking and entering or entering without breaking into the property of another with the intent to steal; threatening another person with the intention of extorting money or anything of value; possession or use of a controlled dangerous substance, as same shall be defined under Title 24, Revised Statutes of New Jersey; or juvenile delinquency based upon any of the above offenses.
[Ord. No. 305 § 1]
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor. Whenever a minor shall be taken into custody or detained for the commission of any such violation of the public peace within the Borough, the parents of such minor shall be immediately notified by the Police Department of such custody or detention and the reasons therefor, and of the responsibility of parents under this section. When a minor is charged with a violation of the public peace, as defined herein, and the Court makes an adjudication of delinquency; the Chief of Police, or his designated agent, shall forthwith serve written notice of the adjudication of delinquency upon the parents, together with a written warning, in a form approved by the Borough Attorney, of the penalties and other provisions of this section with respect to the commission, within one year, of a second violation of the public peace by the minor. If at any time within one year of the giving of such notice, such minor shall be charged with a violation of the public peace, and shall again be adjudicated delinquent; it shall be presumed, subject to rebuttal by competent evidence, that the parents of the minor during the period of time, allowed, permitted or suffered the minor to commit a violation of the public peace. A record of such notifications shall be kept by the Police Division.
[Ord. No. 305 § II; New]
Any parent who shall violate the terms of this section upon conviction thereof, shall be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 305 § 1]
The remedy provisions of this section shall be cumulative, not exclusive, and the State or any other person shall have the right to proceed under any other legally available remedies.
[Ord. No. 320 § 1]
No persons shall be permitted to enter, remain, use, or occupy the Lake Como Recreational Park, also known as Behrman Park, which is bordered on the west by the New York and Long Branch Railroad track; on the north by 18th Avenue, on the east by the private property located on Margerum Avenue; and on the south by 22nd Avenue and the Spring Lake border, from sunset until sunrise, unless the person has the express written approval of the Mayor and Council; the Chief of Police or the Senior Police Officer on duty.
[Ord. No. 2007-809]
a. 
Little League Baseball Field. The Little League Baseball Field located at the south end of the park shall be for the exclusive use of the Belmar and Lake Como little league teams for their games and practices.
b. 
Soccer Field. The soccer field shall be held for the use of the Avon, Belmar and Lake Como Soccer League (said league being open to Borough children between the ages of four to 18 which shall file with the Borough Administrator for the times and dates of their league soccer games and the practices as soon as possible for the ensuing year, which times and dates shall be set aside exclusively for their use; and
c. 
Permit Requirements. The balance of the times and dates may be utilized by the public on a first come-first serve basis, who may reserve the soccer field by filing for and obtaining a permit from the Borough Administrator, setting forth the approximate number of people utilizing the soccer facility, the name, address and telephone number of the applicant, the date of the request and the time periods. The request for the permit shall be submitted at least 48 hours prior to the time and date requested during normal working hours of 9:00 a.m. to 4:00 p.m., Monday through Friday. There shall be one permit issued per person, per group on any given day. A calendar shall be kept by the Borough Administrator setting forth the times and dates for which permits have been issued. It is understood that the use of the fields and park shall be subject to weather conditions within the sole discretion of the Public Works Department, the use of the park may be cancelled due to inclement weather.
d. 
Number of Persons Limited. Use of the Borough Park is prohibited by any group of 10 or more persons, unless the above noted permit has been applied for and received.
e. 
Restriction on Use of Spikes. No adults (any person over the age of 18 shall utilize spikes, whether rubber or metal, on any area of the Borough Park.
f. 
Hours of Use. The hours of the park shall be from 8:00 a.m. until 9:00 p.m. and it being understood that any game in progress may continue after 9:00 p.m. to its normal conclusion. All other use of the park prior to 8:00 a.m. and after 9:00 p.m. shall be prohibited.
[1973 Code § 3-1.1]
It is the intention of the Mayor and Council to avoid the widespread public disturbances which have erupted in the various municipalities throughout the County, resulting in numerous deaths and personal injuries and in property damage of hundreds of millions of dollars. The Mayor and Council are charged by N.J.S.A. 48:1-1(6) to make and enforce ordinances to preserve the public peace and to prevent and quell riots, disturbances and disorderly assemblages; and due to the provision of N.J.S.A. 2:48-1 et seq., the Borough is liable for the destructions or injuries to real or personal property by reason of a mob or riot subject to the conditions therein set forth. Since the Mayor is the Chief Executive and Administrative Official of the Borough and is charged with the duty of executing all laws and ordinances, the Mayor and Council deem it necessary and in the public interest that the Mayor or, in his absence; the President of the Borough Council, and in his absence the Chief of Police, be granted the below enumerated powers in order to insure that orderly procedures exist to protect persons and property of the citizens of the Borough.
[1973 Code § 3-1.2]
Whenever the Mayor, the President of the Council or the Chief of Police determines that an emergency exists as a result of mob action or other civil disobedience, including riot, rout or unlawful assembly, or real and present danger thereof causing or likely to cause danger of injury to or damages to persons or property, he shall have the power to impose by proclamation any or all of the following regulations deemed by him necessary to preserve the peace and order of the Borough.
a. 
To impose a curfew upon all or any portion of the Borough thereby requiring all persons in such designated curfew areas to remove themselves from the public streets, areas, parks or other public places; provided that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining initial public services, firefighters and authorized or requested law enforcement officers and personnel shall be exempted from such curfew.
b. 
To order the closing of any business establishments anywhere within the Borough for the period of emergency, such business to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms and ammunition.
c. 
To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
d. 
To call upon regular and auxiliary law enforcement agencies and organizations within or without the Borough to assist in preserving and keeping the peace within the Borough.
e. 
To issue such other orders as are immediately necessary in his judgment for the protection of life and property.
[1973 Code § 3-1.3]
The proclamation of emergency provided herein shall become effective upon its issuance to news media or immediate dissemination to the public, its posting on a bulletin board in the Municipal Building and, where feasible, by public address systems throughout the Borough.
[1973 Code § 3-1.4]
Any emergency proclaimed in accordance with the provisions of this section shall terminate after 48 hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, that such emergency may be extended for such additional comparable periods of time as determined by the Mayor.
[1973 Code § 3-1.5]
During the period of such emergency:
a. 
No person shall make, carry, possess or use any type of Molotov cocktail, gasoline or petroleum base fire bomb or other incendiary missile.
b. 
No person shall consume any alcoholic beverages in a public street or public place or in any motor vehicle driven or parked thereon.
c. 
No person shall carry or possess any rock, bottle, club, brick or weapon or other object capable of being used as a weapon unlawfully against the persons or property of another, provided that nothing herein contained shall apply to any law enforcement officer or other persons engaged lawfully in enforcing the emergency restrictions or thereunto authorized by the Mayor.
d. 
No person shall carry or transport gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
e. 
No person shall intercept or interfere with Police Department or Fire Department radio broadcasts.
f. 
Nothing herein shall be deemed to authorize any of the prescribed conduct at any other times when it is prohibited by law.
[1]
Editor's Note: See Chapter XVII, Development Regulations subsection 17-10.15, Trailers, Campers and Mobile Homes.
[1973 Code § 3-8.1; New]
As used in this section:
TRAILER, CAMPER or MOTOR HOME
shall mean any vehicle, whether self-propelled or otherwise, used or maintained to be used as a conveyance upon the public streets and so designed, constructed, reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a temporary or permanent dwelling or sleeping place and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by trailer or camp car.
[1973 Code § 3-8.2; New]
a. 
Parking on Street. It is unlawful for any person to park any trailer, camper or motor home on any street in the Borough except for the purpose of making repairs or loading for any period longer than 12 hours.
b. 
Storage on Private Property. No more than one trailer or camper shall be stored on private property and such vehicle shall be insured and have a current registration.
[1]
Editor's Note: See also subsection 3-25.3 for overnight parking regulations.
[1973 Code § 3-8.3; New]
a. 
No person shall use any such trailer, camper or motor home while parked within the Borough as a dwelling or sleeping place.
b. 
No person shall use any such trailer, camper or motor home undergoing repairs or stored as a dwelling or sleeping place.
[1973 Code § 3-8.4; New]
No person shall engage in the business of conducting or operating a camp for trailers, campers or motor homes within the Borough, and all trailer parks or camps and camp parks are hereby prohibited.
Editor's Note: See Section 3-6, Prohibition of Sleeping in Motor Vehicles or Public Places.
[1973 Code § 3-7]
No person who is the operator of a motor vehicle shall stop, stand or park the same on any street or roadway in the Borough other than parallel with the edge of the roadway headed in the direction of traffic on the right-hand side of the road and with the curb side of the vehicle within six inches of the edge of the roadway.
[Ord. No. 92-560A; Ord. No. 01-693 § 1; Ord. No. 2009-839]
a. 
Prohibited. No person, firm, business, association or corporation or any of their agents or employees, shall park or leave unattended any automobile, truck, bus, motorcycle, recreational vehicle, including but not limited to any travel trailer, camper, boat or boat trailer, utility trailer or any other type vehicle pulled trailer, on the front lawn of any property or any unpaved area or any area not approved for parking in the Borough of Lake Como, except at an area or areas so designated for parking as defined under the Ordinance of the Borough of Lake Como, codified as Chapter X—Property Maintenance; Section 9-4, Certificate of Inspection and Chapter XVII, Development Regulations of the "Revised General Ordinances of the Borough of Lake Como."
b. 
Removal of Vehicles in Violation. The Belmar Police Department is hereby authorized to make all necessary arrangements to remove any vehicle or any of the above mentioned vehicles/trailers that are parked contrary to this section. This authority shall be in addition to any other action allowed by law. Any vehicle removed from the property under the provisions of this section shall be towed away under provisions of Municipal Towing Ordinance and released after payment of any charge incurred in the towing and storage thereof. No person, firm, business, association or corporation shall remove or attempt to remove any vehicle stored under the provisions of this section prior to making payment to the towing company.
c. 
Violations and Penalties.
1. 
Any person, firm, business, association or corporation, violating any provision of this subsection or any supplement or any amendment thereto, or any person, firm, business, association or corporation who removes or attempts to remove any vehicles stored under the provisions of the subsection without making appropriate payment shall, upon conviction, be liable for the penalty stated in Chapter I, Section 1-5.
2. 
Each day that this subsection is violated shall constitute a separate violation under the terms of this subsection.
[Ord. No. 2002-705]
There shall be no parking of any of the following vehicles on the public streets or any parts thereof or on any public property within the Borough of Lake Como during the hours of 9:00 p.m. to 7:00 a.m.:
a. 
Any bus, omnibus, house trailer, camper, recreational vehicle, boat, boat trailer;
b. 
Nor shall there be allowed any truck, van, pick-up truck, tractor, tractor trailer or semi-trailer 10,000 pounds and over.
[Ord. No. 2006-771]
For the purpose of this section, the following term shall mean:
INOPERABLE MOTOR VEHICLE
Any motor vehicle incapable of being legally operated or moved under its own power on the public highways of the State of New Jersey and shall include any motor vehicle as defined by Title 39:1-1 of the Motor Vehicle and Traffic Laws of the State of New Jersey not currently registered or licensed to be operated or moved on public highways by a proper motor vehicle licensing and registration authority.
[Ord. No. 2006-771]
No person in charge of or in control of premises, whether private or public, whether as owner, lessee, tenant, occupant or otherwise, shall allow a partially dismantled, wrecked, junked, discarded or otherwise inoperable motor vehicle to be parked, kept or stored on such property except inside a garage or enclosed building. This subsection will not apply to any vehicle on the premises of a business enterprise operated in a lawful manner, when the keeping or maintenance of such vehicle is necessary to the operation of such business enterprise.
[Ord. No. 98-657 § 1]
In view of the indiscriminate sale of cigarettes to minors from vending machines, all cigarette vending machines are hereby prohibited in the Borough of Lake Como with the exception of establishments that possess an alcoholic beverage plenary retail consumption license.
[Ord. No. 98-657 § 1]
Any person owning, operating, renting, or permitting the use of a cigarette vending machine on premises under his or her control shall, upon conviction, be liable for the penalty stated in Chapter I, Section 1-5. Each day on which such a machine is owned, operated, rented or permitted on the premises shall result in an additional fine.
[Ord. No. 98-657 § 3]
As used in this section, the following terms shall have the meanings indicated:
HEALTH OFFICER
shall mean the administrative officer of the Borough Board of Health and/or his or her authorized representative and/or his or her contracted agent.
LAW ENFORCEMENT OFFICER
shall mean any member of the Belmar Police Department.
PERSON
shall mean an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
SELF-SERVICE DISPLAYS
shall mean a display or display shelves designed for the customer to serve oneself without the aid of a sales clerk and where the customer is required to pay the cashier upon leaving.
TOBACCO
shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
shall mean any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco are made to purchasers for consumption or use, and shall mean a person or entity that owns or operates a vending machine.
[Ord. No. 98-657 § 3]
a. 
Pursuant to the provisions of N.J.S.A. 2A:175-51, it shall be unlawful for any person to sell, give, or permit to be sold, given or furnished tobacco in any form to a person under the age of 18.
b. 
A sign, not less than six inches by eight inches (6 x 8), shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products containing the following language:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW.
Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with State and local ordinances.
[Ord. No. 98-657 § 3]
It shall be unlawful for a tobacco retailer to sell or permit to be sold, tobacco to any individual without requesting and examining identification from the purchaser, positively establishing purchaser's age as 18 or greater, unless the seller has some other conclusive basis for determining the purchaser is over the age of 18 years of age.
[Ord. No. 98-657 § 3]
Self-service displays of tobacco products, from which individual packages or individual cigarettes may be selected by the customer, are prohibited in all retail establishments with the exception of establishments that possess an alcoholic beverage plenary retail consumption license.
[Ord. No. 98-657 § 3]
a. 
Any person, who directly or indirectly acting as agent or otherwise, sells, gives or furnishes to a minor under the age of 18 years, any cigarettes made of tobacco or any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, shall, upon conviction, be liable for the penalty stated in Chapter I, Section 1-5.
b. 
Whenever the Health Officer, his or her designee, Code Enforcement Officer or a Law Enforcement Officer reasonably believes there exists a violation of the section, such individual may, by written notification not later than 60 days after discovery of the alleged violation, advise the tobacco retailer of the nature of the violation and that any subsequent failure or refusal to comply with this section shall be subject to the penalties set forth in this section.
c. 
Whenever the Health Officer, his or her designee, Code Enforcement Officer, or a Law Enforcement Officer, after giving proper identification, may inspect any matter, thing, premises or place as may be necessary for the proper enforcement of provisions of this section.
d. 
It shall be unlawful for any person to oppose or otherwise obstruct a Health Officer or his or her designee or the Code Enforcement Officer. Such individual may request the assistance of a Law Enforcement Officer when necessary to execute his or her official duty in the manner prescribed by law.
e. 
Except as provided in paragraph a., above, any person violating or failing to comply with any of the provisions of this section shall, upon conviction, be subject to the penalty stated in Chapter I, Section 1-5.
The continuation of such violation for each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violation may be punished as provided above, for each separate offense.
f. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a Court of competent jurisdiction.
[Ord. No. 99-664 § 1]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on October 19, 1998, by Birdsall Engineering, Inc., Lake Como, New Jersey, Borough Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board or charter school, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 99-664 § 1]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-29.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board or charter school which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[Ord. No. 99-664 § 1]
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 or charter school and which is used for school purposes.
[Ord. No. 99-664 § 1]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-29.1 of this section, 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 office of the Monmouth County Prosecutor.
[Ord. No. 99-664 § 1]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-29.1a of this section 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 and charter schools within the Borough;
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; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
(Except as is otherwise expressly noted on the face of the approved and adopted map,) 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 or charter school and was being used for school purposes as of July 9, 1987, that being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
c. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-29.1a of this section. The failure of the map approved herein to depict the location and boundaries of any property which is in fact used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or charter school, the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. No. 2004-738 § 1]
a. 
The use of the Gazebo is an "as is" condition and the $75 nonrefundable fee reserves a three-hour period.
b. 
No one may staple, tack, nail, glue or tape any decorations to the Gazebo. Only pipe cleaners, zip ties, or string may be utilized to fasten any decorations. It is the responsibility of the person(s) reserving the Gazebo to notify florist or decorator of these restrictions.
c. 
All decorations must be removed at the end of the permitted use.
d. 
Request for use of the Gazebo must be sent to the Borough Clerk in writing. The applicant must fill out an application for the use of the Gazebo and a Hold Harmless Agreement.
e. 
Reservations are on a first-come first-served basis.
f. 
All monies collected shall be deposited in the Lake Como Current account.
[Ord. No. 2004-741]
It has been determined that the presence of large numbers of migratory and wild waterfowl on or around ponds and lakes within the Borough of Lake Como and on all other property in the Borough of Lake Como creates a public health nuisance due to the accumulation of droppings in and around said ponds and lakes, which is inimical to the health and general welfare of the public. The purpose of this section is to prevent such conduct that may attract such migratory and wild waterfowl to the properties within the Borough.
[Ord. No. 2004-741]
a. 
As used in this section, the term "migratory waterfowl" and/or "wild waterfowl" shall be defined to include those nondomesticated species of birds commonly known as swans, geese, brant, seagulls, river and sea ducks and any other waterfowl which generally follows a seasonal migration pattern.
b. 
As used in this section, the term "domestic waterfowl" shall be defined to include these species of birds commonly known as swans, geese, brant seagulls, river and sea ducks, and any other waterfowl which does not generally follow a seasonal migration pattern but is indigenous to New Jersey.
[Ord. No. 2004-741]
No person or persons shall feed, cause to be fed or provide food for migratory, wild or domestic waterfowl within the Borough of Lake Como on lands either publicly or privately owned.
[Ord. No. 2004-741]
Notwithstanding the prohibitions referenced in this section, the following exceptions shall exist:
The Mayor and Council shall have the right and sole discretions to properly relocate Muscovy Ducks to a habitat that is most suitable to the waterfowl.
[Ord. No. 2004-741]
No person or persons shall create or foster any condition to exist or continue which results in a congregation or congestion of migratory or wild waterfowl or in an accumulation of waterfowl feces or droppings on private or public property within the Borough of Lake Como creating a public health nuisance or in any manner threatening the health, safety and welfare of the public and/or the waterfowl.
[Ord. No. 2004-741]
The Police Department, Code Enforcement Officer and the Board of Health are hereby authorized and directed to enforce the provision of this section.
[Ord. No. 2004-741]
Any person who shall violate the provisions of this section by providing food or nourishment to any animal, wildlife or bird shall be subject to a fine consistent with this section.