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.
[Amended in entirety 7-19-2022 by Ord. No. 2022-977. History includes
1973 Code §§ 3-3.1 through 3-3.6 and Ord. No. 2005-762.]
[Added 7-19-2022 by Ord.
No. 2022-977]
The Mayor or, in his absence, the Borough Administrator of the
city is hereby empowered to establish a curfew in the Borough of Lake
Como on such occasions and during such periods of time as are necessary
to preserve the public peace or to preserve order in the Borough or
to prevent injury to persons or property.
[Added 7-19-2022 by Ord.
No. 2022-977]
The Mayor or, in his absence, the Borough Administrator shall
establish a curfew by setting forth the hours and dates on which persons
or certain persons according to their age shall be forbidden to appear
on public streets or in any public place in the city or to appear
or congregate outside of private property in the city. A written statement
setting forth the hours, dates, locations of the curfew and the persons
who shall be subject to it shall be filed with the City Clerk and
posted in at least 10 public places, including the locations subject
to the curfew in the Borough. The curfew shall then be in effect.
[Added 7-19-2022 by Ord.
No. 2022-977]
a.
After the curfew is in effect, any person who is subject to the curfew
and who appears on a public street or in any public place or who appears
or is part of a congregation outside a private property shall be deemed
to have violated this chapter.
[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.
[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.
LITTER
LITTER RECEPTACLE
PERSON
PRIVATE PREMISES
PUBLIC PLACE
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.
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.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
[1973 Code § 3-2.1; amended 10-20-2020 by Ord. No. 2019-951]
a.
Whereas excessive sound is a serious hazard to the public health,
welfare, safety, and quality of life; and
b.
Whereas a substantial body of science and technology exists by which
excessive sound may be substantially abated; and
c.
Whereas the people have a right to, and should be ensured of, an
environment free from excessive sound; and
d.
Whereas it is the policy of the Borough of Lake Como to prevent excessive
sound that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
e.
This section shall apply to the control of sound originating from
sources within the Borough of Lake Como.
[1973 Code § 3-2.2; amended 10-20-2020 by Ord. No. 2019-951]
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.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
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.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
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-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, 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
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
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 procedures. A noise
control investigator may only enforce sections of the ordinance 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.
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.
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 device, 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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a non-governmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
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 an 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).
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.
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.
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.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
[1973 Code § 3-2.3; Ord. No. 2010-850; amended 10-20-2020 by Ord. No. 2019-951]
a.
This section applies to sound from the following property categories:
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.
[1973 Code § 3-2.4; amended 10-20-2020 by Ord. No. 2019-951]
b.
Sound production devices required or sanctioned under the Americans
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.
[Added 10-20-2020 by Ord.
No. 2019-951]
a.
Noise control officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section 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
section 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 NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
[Added 10-20-2020 by Ord.
No. 2019-951]
a.
Sound measurements made by a noise control officer 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 VIB of this section 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 at 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.
[Added 10-20-2020 by Ord.
No. 2019-951]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-15.3a 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 3-15.6b.
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, public service facility, nonresidential
portion of a multi-use property, or community service facility
| |
|
Time
|
7:00 a.m. to 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 nonresidential portion of a multi-use
property
| |
|
Time
|
7:00 a.m. to 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 Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
OUTDOORS
|
Residential property, or residential portion of a multi-use
property
INDOORS
|
Commercial facility, public service facility, nonresidential
portion of a multi-use property, or community service facility
OUTDOORS
|
Commercial facility or nonresidential portion of a multi-use
property
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
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.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 sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
[Added 10-20-2020 by Ord.
No. 2019-951]
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 Subsection 3-15.6b of this section. 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
| |
|---|---|
|
Weeknights
10:00 p.m. to 7:00 a.m.
Weekend nights
11:00 p.m. to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
[Added 10-20-2020 by Ord.
No. 2019-951]
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,
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 6:00 p.m. and 9:00 a.m. on weekends or 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 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends
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 construction and demolition activity 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, nonvehicular 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
minutes without interruption, defined as an average of four or more
vocalizations per minute in that period; or
2.
Vocalizing for 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.
|
[Added 10-20-2020 by Ord.
No. 2019-951]
Violations of each subsection 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 Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in 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.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is 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.
[Added 10-20-2020 by Ord.
No. 2019-951]
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
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, which is $2,000 as of December 2014.
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 3-15.2 of this section) 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 the 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 noise control officer. 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, which is $2,000 as of December 2014,
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 for an 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 party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
The Chief of Police, a Borough Police Officer or any taxpayer or resident of the Borough may make a complaint in the Municipal Court for any violation of this section. A first-time offender convicted under this section will be subject to a fine of $250 for each offense; a second conviction of the same person or entity within a twelve-month period will be subject to a fine of $500 for each offense; and a third conviction within the same twelve-month period will be subject to a fine of $2,000 for each offense, regardless whether such offense is minor violation or not. The noise control officer or noise control investigator can also elect to make a complaint under Subsection i without issuing any prior notice.
j.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[Added 10-20-2020 by Ord.
No. 2019-951]
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 the 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. 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:
shall mean any unemancipated person under the age of 18 years.
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.
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.
[1973 Code § 3-8.1; New]
As used in this section:
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.
[1973 Code § 3-8.3; New]
[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; amended 8-1-2023 by Ord. No. 2023-7]
There shall be no parking of any of the following vehicles on
the public streets or any parts thereof or any public property within
the Borough of Lake Como during the hours of 9:00 p.m. to 7:00 a.m.:
[Ord. No. 2006-771]
For the purpose of this section, the following term shall mean:
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:
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.
shall mean any member of the Belmar Police Department.
shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
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.
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.
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.
