[1976 Code § 11-21; Ord. No. 962 § I]
This section shall be known and may be cited as the "Antilitter
Ordinance of the City of Sea Isle City."
[1976 Code § 11-22; Ord. No. 962 § II; Ord. No. 1181 § I]
As used in this section:
Shall mean any contrivance now known or hereafter invented,
used or designated for navigation or for flight in the air. The word
aircraft shall include helicopters and lighter-than-air dirigibles
and balloons.
Shall mean a litter storage and collection receptacle.
Shall mean the City of Sea Isle City.
Shall mean stones, dirt, demolition material, broken concrete,
and other like materials, brush, branches, small trees and bushes.
Shall include any patio, porch or balcony.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean all food and beverage containers made from silica
or sand, soda ash and limestone, the product being transparent or
translucent and being used for packaging or bottling of various matter
and other materials commonly known as glass, excluding blue and flat
glass commonly known as window glass, mirrors, milk glass, crystal,
china and ceramic material.
Shall mean clean leaves exclusive of such debris as brush,
branches, small trees and bushes.
Shall mean garbage, refuse and rubbish as defined herein
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety and
welfare.
Shall mean all food and beverage containers made of aluminum
cans.
Paper shall mean all uncontaminated paper material including
used newspaper, magazines, advertising circulars, office paper, wrapping
paper, brown bags, corrugated cardboard, discarded letters and envelopes.
Shall mean a park, reservation, playground, boardwalk, beach,
recreation center or any other public area in the City, owned or used
by the City and devoted to active or passive recreation.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwellings,
house, building or other structure.
Shall mean any and all streets, sidewalks, beaches, boardwalks,
boulevards, alleys or other public ways and any and all public parks,
squares, spaces, grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes) including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean all nonputrescible solid wastes consisting of
both combustible and noncombustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
Shall mean ashes, plastic material, ceramics, blue and flat
glass, nonputrescible solid waste, grass clippings, building materials,
contaminated paper, and other similar materials.
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1976 Code § 11-25; Ord. No. 962 § III]
No person shall throw or deposit litter in or upon any street,
sidewalk, beach, boardwalk or other public place within the City except
in public receptacles, authorized private receptacles for collection,
or in official City dumps. No person shall discard or dump any household
or commercial waste in any place other than those specifically designated
for the purpose of solid waste storage or disposal.
[1976 Code § 11-23; Ord. No. 962 § IV]
a.
Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
b.
The City will place litter receptacles at all sidewalks used by pedestrians
in active commercially-zoned areas, such that at a minimum there shall
be no single linear quarter-mile without a receptacle.
c.
Receptacles will be placed at buildings held out for use by the public,
including schools, government buildings, parks, all street veteran
vendor locations, public marinas to include boat moorage and fueling
stations, launching areas and public piers operated for public use,
public beaches and bathing areas, and at special events to which the
public is invited, including sporting events, parades, carnivals,
circuses and festivals.
d.
Proprietors of such places or the sponsors of these events shall
be responsible for providing and servicing the litter receptacles
such that adequate containerization is available.
[1976 Code § 11-26; Ord. No. 962 § V]
No person shall sweep into or deposit in any gutter, street
or other public place within the City the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[1976 Code § 11-26; Ord. No. 962 § VI]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street or other public place within
the City the accumulation of litter from any building or lot or from
any public or private sidewalk or driveway. Persons owning or occupying
places of business within the City shall keep the sidewalk in front
of their business premises free of litter.
[1976 Code § 11-27; Ord. No. 962 § VII]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
City, or upon private property.
[1976 Code § 11-33; Ord. No. 962 § VIII]
No person shall drive or move any truck or other vehicle within
the City unless the vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
street, alley or other public place. No person shall drive or move
any vehicle or truck within the City, the wheels or tires of which
carry onto or deposit mud, dirt, sticky substances, litter or foreign
matter of any kind in any street, alley or other public place.
[1976 Code § 11-29; Ord. No. 962 § IX]
No person shall throw or deposit litter in any park within the
City except in public receptacles and in such a manner that the litter
will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all litter shall be carried
away from the park by the person responsible for its presence and
properly disposed of elsewhere as provided herein.
[1976 Code § 11-30; Ord. No. 962 § X]
No person shall throw or deposit litter in any fountain, pond,
ocean, stream, bay or other body of water in a park or elsewhere within
the City. No person shall throw or deposit litter, including fish
heads and fish parts, in or on any public place or in any body of
water within the municipal boundaries.
[1976 Code § 11-28; Ord. No. 962 § XVI]
No person in an aircraft shall throw out, drop or deposit within
the City any litter, handbill or other object.
[1976 Code § 11-34; Ord. No. 962 § XVII]
No person shall post or affix any notice, poster or other paper
or device calculated to attract the attention of the public to any
lamp post, public utility pole or shade tree, or upon any public structure
or building except as may be authorized or required by law.
[1976 Code § 11-31; Ord. No. 962 § XVIII]
No person shall throw or deposit litter on any occupied private
property within the City, whether owned by the person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any private
property.
[1976 Code § 11-24; Ord. No. 962 § XIX]
The owner or person in control of any private property shall
at all times maintain the premises free of litter provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
[1976 Code § 11-32; Ord. No. 962 § XX]
No person shall throw or deposit litter on any open or vacant
private property within the City whether owned by the person or not.
[Ord. No. 962 § XXI; Ord. No. 1181, § II]
a.
The storage in areas zoned residential of any bulky household items
such as appliances, furniture or mat-tresses, except in a fully enclosed
structure or during days designated for the collection of bulky items,
is hereby prohibited.
b.
Storing tires in areas zoned residential, except in a fully enclosed
structure, is prohibited.
c.
Keeping inoperable or unregistered vehicles on streets, vacant lots
and residential lawns is prohibited.
d.
The covering of vehicles to prevent loads from dropping, sifting,
leaking or otherwise escaping is required.
e.
The accumulation of debris on or around construction sites, or its
storage in such a manner that it is likely to be removed by natural
forces onto adjacent property, is prohibited.
f.
Open or overflowing commercial, industrial or residential waste disposal
bins are prohibited.
g.
Every owner, lessee, tenant, occupant or person in charge of any
building or structure is required to keep and cause to be kept the
sidewalk and curb abutting the building or structure free from obstruction
and nuisances of every kind, and to keep the sidewalks, areaways,
backyards, courts and alleys free from litter and other offensive
material.
h.
It is prohibited to 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 is required to keep the sidewalk in front of
his or her premises free of litter. It is further required that all
sweepings shall be collected and properly containerized for disposal.
i.
It is prohibited for any owner, lessee, tenant, occupant or person
in charge of any building or structure to keep or cause to be kept
an accumulation of trash, garbage, refuse, debris, glass, leaves,
metal, mixed paper or rubbish on a deck, whether loose or in a container
or authorized private receptacle. Each day upon which a violation
of this section shall continue to exist, shall be deemed a separate
offense.
[1976 Code § 11-40; Ord. No. 962 § XXI]
a.
Notice to Remove. The Health Department is hereby authorized and
empowered to notify the owner of any open or vacant private property
within the city, or the agent of the owner, to properly dispose of
litter located on the owner's property which is dangerous to public
health, safety or welfare. The notice shall be by certified mail addressed
to the owner at his/her last known address.
b.
Action Upon Noncompliance. Upon the failure, neglect or refusal of
any owner or agent so notified to properly dispose of litter dangerous
to the public health, safety or welfare, within 10 days after the
receipt of written notice provided for in paragraph a above, or within
15 days after the date of the notice in the event the same is returned
to the Post Office because of the inability to make delivery thereof
(provided the notice was properly addressed to the last known address
of the owner or agent), the Health Department is hereby authorized
and empowered to pay for disposing of the litter or to order its disposal
by the City.
c.
Charge Included in Tax Bill. When the City has effected removal of
the dangerous litter or has paid for its removal, the actual cost
thereof plus accrued interest at the rate of 6% per annum from the
date of the completion of the work, if not paid by the owner prior
thereto, shall be charged to the owner of the property on the next
regular tax bill forwarded to the owner by the City, and the charge
shall be due and payable by the owner at the time of payment of the
tax bill.
d.
Recorded Statement Constitutes Lien. When the full amount due the
City is not paid by the owner within 30 days after the disposal of
the litter as provided for in paragraph c above, then the Health Department
shall cause to be recorded in the Tax Collector's office a sworn statement
showing the cost and expense incurred for the work, the date the work
was done and the location of the property on which the work was done.
The record of the above sworn statement shall constitute a lien and
privilege on the property, and shall remain in full force and effect
until final payment has been made for the amount due in principal
and interest plus costs of Court, if any, for collection. Such charges
shall be collected in the manner fixed by law for the collection of
taxes and shall be subject to a delinquent penalty of 8% in the event
the charges are not paid in full on or before the date the tax bill
upon which the charges appear becomes delinquent. Sworn statements
recorded in accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and that
the work has been done properly and satisfactorily. Such sworn statements
shall be full notice to every person concerned that the amounts due
in principal and interest constitute a charge against the properties
designated or described in the statements and same are due and collectible
as provided by law.
[1976 Code § 11-41; Ord. No. 962 § XXII; New; Ord. No. 1486 (2010) § I]
Any person violating any of the provisions of this section shall,
upon conviction in the Municipal Court of the City, be liable for
a penalty according to the following penalty scheme.
a.
For the first offense, the individual shall be fined not less than
$60 nor more than $100.
b.
For a second offense occurring within one year of a prior violation,
the individual may be fined not less than $100 nor more than $250,
and, in the Court's discretion, the Court may order the individual
to participate in two days of community service;
c.
For a third and subsequent offense occurring within one year of two
or more violations, the individual shall be fined not less than $250
nor more than $1,000 and shall be ordered to participate in five days
of community service.
[1976 Code § 11-22; Ord. No. 962 § II]
As used in this section:
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter or literature:
Which advertises for sale any merchandise, product, commodity,
or thing; or
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
Which directs attention to or advertises any meeting, theatrical
performance, exhibition, or event of any kind for which an admission
fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged
or a collection is taken up for the purpose of defraying expenses
incident to such meeting, theatrical performance, exhibition, or event
of any kind; when either of the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order; provided that nothing contained in this clause shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition, or event of any kind,
without a license, where such license is or may be required by any
law of this State or under any ordinance of this City; or
Which, while containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes, or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Shall mean any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office of
the United States in accordance with Federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include any periodical or current magazine regularly published with
not less than four issues per year and sold to the public.
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
[1976 Code § 11-35; Ord. No. 962 § XI]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the City. No person shall hand out or distribute or sell any commercial
handbill in any public place; provided, however, that it shall not
be unlawful on any sidewalk, street or other public place within the
City for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing
to accept it.
[1976 Code § 11-36; Ord. No. 962 § XII]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle; provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[1976 Code § 11-37; Ord. No. 962 § XIII]
No person shall throw or deposit any commercial or noncommercial
handbills in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[1976 Code § 11-38; Ord. No. 962 § XIV]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises, if requested
by anyone thereon not to do so, or if there is placed on the premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing," "No Peddlers" or any similar notice indicating
in any manner that the occupants of the premises do not desire to
be molested or have their right of privacy disturbed, or to have any
handbills left upon the premises.
[1976 Code § 11-39; Ord. No. 962 § XV]
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon the private premises; provided, however, that, in the case of inhabited private premises which are not posted as provided in subsection 3-2.5 above, such person may place or deposit any handbill in or upon the inhabited private premises unless requested by anyone upon the premises not to do so, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, except that mailboxes may not be so used when prohibited by Federal postal law or regulations.
a.
Exemption for Mail and Newspapers. The provisions of this subsection
shall not apply to the distribution of mail by the United States,
nor to newspapers (as defined herein) except that newspapers shall
be placed on private property in such a manner as to prevent their
being carried or deposited by the elements upon any street, sidewalk
or other public place or upon private property.
[Ord. No. 940 § 1]
The use or maintenance of any waste disposal within the City
other than those areas, officially established by New Jersey Department
of Environmental Protection permit or officially designated by the
City shall constitute a detriment to the public health and a nuisance.
[Ord. No. 940 § 2]
No person, firm or corporation whether acting as contractor,
agent, employee, collector or owner shall dump, deposit or dispose
of any garbage, animal matter, refuse, rubbish, debris, salvage or
waste material in or upon any lands anywhere within the City other
than the designated and permitted areas.
[Ord. No. 940 § 3]
[Ord. No. 940 § 4]
Any person assisting in the conviction of a violator of this
section through the signing of a complaint, the giving of testimony
in Court, or other significant assistance of the enforcement authorities
thereof or who testifies in Court in an action against an alleged
violator of this section resulting in conviction, shall receive a
reward of $250.
[Ord. No. 892 A. I]
This section may be cited as the "Noise Control Regulations
of the City of Sea Isle City."
[Ord. No. 892 A. II § 2.1]
Whereas excessive sound and vibration are a serious hazard to
the public health and welfare, safety, and the quality of life; and
technology exists by which excessive sound and vibration may be substantially
abated; and whereas the people have a right to and should be ensured
an environment free from excessive sound and vibration that may jeopardize
their health or welfare or safety or degrade the quality of life;
it is the policy of the City to prevent excessive sound and vibration
which may jeopardize the health and welfare or safety of its citizens
or degrade the quality of life.
[Ord. No. 892 A. II § 2.2]
This section shall apply to the control of all sound and vibration
originating within the limits of the City.
[Ord. No. 892, A. III; Ord. No. 1199 § I; Ord. No. 1431 § V]
Shall mean a duly authorized individual or corporate officer
designated by the owner.
Shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
Shall mean any premises, property or facility involving traffic
in goods or furnishing of services for sale or profit, including but
not limited to:
Shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
Shall mean the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound of a standard sound [20 micropascals]:
abbreviated dB.
Shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
Shall mean any work or action necessary to 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, or abating life-threatening
conditions.
Shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
Shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
Shall mean a sound dissipating device or system for abating
the sound of escaping gases of an internal combustion engine.
Shall mean any building wherein there are more than two dwelling
units.
Shall mean any sounds of such level and duration as to be
or tend to be injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property throughout
the City or in any portions thereof, but excludes all aspects of the
employer-employee relationship concerning health and safety hazards
within the confines of a place of employment.
Shall mean the Sea Isle City Chief of Police who is designated
as the official liaison with all municipal departments, empowered
to grant permits for variances.
Shall mean Police Officers of the City and licensed Code
Enforcement Officers who are employees of the City.
Shall mean any sound that:
Shall mean an area in the City of Sea Isle City where, because
of the history of repeated or continuous noise violations occurring
in the area, the Council, by ordinance, adopts a special enforcement
area with clearly marked boundaries established by signs, in which
the penalties for violations of noise regulations shall be doubled.
Shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the State or any
political subdivision, agency or instrumentality of the State.
Shall mean any street, avenue, boulevard, road, highway,
sidewalk or alley that is leased, owned or controlled by a governmental
entity.
Shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
Shall mean either:
Shall mean a property used for human habitation, including
but not limited to:
Shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in dBA.
Shall mean an instrument used to measure sound level and
which conforms to Type 1 or Type 2 standards as specified by ANSI
specifications S1.4-1971.
Shall mean any day, Monday through Friday, that is not a
legal holiday.
[Ord. No. 892 A. IV]
a.
The provisions of this section shall be enforced by any aggrieved
citizen, agent or employee of the City by the Noise Control Officers.
b.
The Noise Control Administrator shall have the power to:
1.
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable;
2.
Review the actions of other municipal departments and advise such
departments of the effect, if any, of those actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section.
c.
A person shall be qualified to be a Noise Control Officer as defined in subsection 3-4.4 if the person has satisfactorily completed any of the following:
1.
"Community Noise-A Short Course" offered by the Department of Environmental
Science of Cook College, Rutgers, the State University; or
2.
A program of tutoring and the on-the-job training offered by the
New Jersey Department of Environmental Protection, Office of Noise
Control, to its employees; or
3.
Education or experience or a combination thereof certified by the
above Department as equivalent to the provisions of subparagraphs
1 or 2 of this subsection.
d.
Noise measurements made by Noise Control Officers shall be taken
according to procedures specified by N.J.A.C. 7:29B, except as provided
in subsection 3-4.7a1.
[Ord. No. 892 A. V]
a.
All departments and agencies of the City shall carry out their programs
according to law and shall cooperate with the Noise Control Administrator
in the implementation and enforcement of this section.
b.
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall consult
with the Noise Control Administrator prior to the approval of such
projects to insure that such activities comply with the provisions
of this section.
[Ord. No. 892 A. VI]
a.
No person shall cause, suffer, allow, or permit the operation of
any source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level
that exceeds the particular sound level limits set forth in Table
I when measured at or within the real property line of the receiving
property except as provided in subparagraph 1 below. A sound level
in excess of Table I shall create a presumption of a violation of
this section.
1.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
|
Table I. Maximum Permissible Sound Levels by Receiving Property
Category, in dBA
| ||||||
|---|---|---|---|---|---|---|
|
Sound Source Property Category
|
Receiving Property Category Another Dwelling-Within a Residential
Commercial Multi-Dwelling-Unit Building
| |||||
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
7:00 a.m. - 10:00 p.m.
|
10:00 p.m. - 7:00 a.m.
|
All Times
|
All Times
| |
|
Any location within a Multi-Dwelling-Unit Building
|
45
|
40
|
55
|
50
|
65
|
75
|
|
Residential
|
55
|
50
|
65
|
75
| ||
|
Commercial or Public spaces or Rights-of-Way
|
65
|
50
|
65
|
75
| ||
|
Industrial
|
65
|
50
|
65
|
75
| ||
b.
The following are exempt from the sound level limits of Table I.
1.
Noise from domestic power tools, lawn mowers, and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. to 8:00
p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal
holidays, provided they produce less than 85 dBA at or within any
real property line of a residential property;
2.
Sound from church bells and church chimes when a part of a religious
observance or service;
3.
Noise from construction activity provided all motorized equipment
used in such activity is equipped with functioning mufflers;
4.
Noise from snow blowers, snow throwers, and snow plows when operated
with a muffler for the purpose of snow removal;
5.
Noise from stationary emergency signaling devices that conform with
the provisions of N.J.A.C. 7:29;
6.
Noise from an exterior burglar alarm of any building or motor vehicle,
provided such burglar alarm shall terminate its operation within 10
minutes after it has been activated.
[Ord. No. 892 A. VII; Ord. No. 1199 § II; Ord. No. 1203 § I; Ord.
No. 1230 § I; Ord. No.
1252 § I; Ord. No. 1498 (2011) § I]
a.
No person shall cause, suffer, allow, or permit to be made verbally
or mechanically any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the enforcement of this subsection.
b.
No person shall cause, suffer, allow, or permit the following acts:
1.
Sound Reproduction Systems. Operating, playing, or permitting the
operation or playing of any radio, television, phonograph, or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device;
2.
Loudspeakers and Public Address Systems. Using or operating of any
loudspeaker, public address system, or similar device between the
hours of 10:00 p.m. and 8:00 a.m. of the following day, such that
the sound therefrom creates a noise disturbance across a residential
real property line;
3.
Animals and Birds. Owning, possession, or harboring any pet animal
or pet bird that frequently or for continued duration, makes sounds
that create a noise disturbance across a residential real property
line (for the purpose of this subsection, a noise disturbance from
a barking dog continually for 10 minutes or intermittently for 30
minutes unless provoked);
4.
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder,
or pellet form, or the compacting of refuse by persons engaged in
the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 6:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 6:00 a.m. the following day when the latter is a legal holiday
or a weekend day except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line;
5.
Standing Motor Vehicles. Operating or permitting the operation of
any motor vehicle whose manufacturer's gross weight is in excess of
10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet [46
meters] of a residential area between the hours of 8:00 p.m. and 5:00
a.m. of the following day;
6.
Construction and demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating, or demolition work between the hours of 8:00 p.m. the
evening prior and 7:00 a.m. from the Tuesday after Labor Day to the
Friday of Memorial Day weekend on weekdays, 8:00 p.m. the evening
prior and 8:00 a.m. from the Tuesday after Memorial Day weekend to
the Friday of Labor Day weekend on weekdays, and between the hours
of 8:00 p.m. and 9:00 a.m. the following day when the latter is a
legal holiday or a weekend day all year, except by permit, when the
sound therefrom creates a noise disturbance across a residential real
property line.
[Amended 8-13-2019 by Ord. No. 1638]
c.
No persons shall cause, suffer, allow, or permit to be made verbally
or mechanically any noise disturbance in a Noise Free Zone. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the enforcement
of this section.
|
SCHEDULE A
Noise Free Zones
| |
|---|---|
|
Name of Street
|
Location
|
|
Central Avenue
|
31st Street to 33rd Street
|
|
Central Avenue
|
38th Street to 39th Street
|
|
Landis Avenue
|
48th Street to 49th Street
|
|
31st Street
|
Central Avenue to Landis Avenue
|
|
32nd Street
|
Central Avenue to Landis Avenue
|
|
36th Street
|
Central Avenue to Cini Street
|
|
37th Street
|
Central Avenue to Cini Street
|
|
37th Street
|
Landis Avenue to Pleasure Avenue
|
|
38th Street
|
Landis Avenue to Central Avenue
|
|
38th Street
|
Central Avenue to Kneass Street
|
|
39th Street
|
Landis Avenue to Kneass Street
|
|
40th Street
|
Landis Avenue to Central Avenue
|
|
43rd Place
|
Park Road to Bay
|
|
46th Street
|
Landis Avenue to Central Avenue
|
|
47th Street
|
Landis Avenue to Central Avenue
|
|
49th Street
|
Landis Avenue to Central Avenue
|
|
55th Street
|
Landis Avenue to Central Avenue
|
|
56th Street
|
Sounds Avenue to Roberts Avenue
|
|
88th Street
|
Landis Avenue to Bay
|
[Ord. No. 892 A. VIII]
a.
The provisions of this section shall not apply to:
1.
The emission of sound for the purpose of alerting persons to the
existence of an emergency except as provided in subsection 3-4.7b5
and 6;
2.
The emission of sound in the performance of emergency work; or
3.
The emission of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Act.
b.
Noise from municipally sponsored or approved celebrations, events
or emergency work shall be exempt from the provisions of this section.
[Ord. No. 892 A. IX; Ord. No. 1431 § VI]
a.
Any person who owns or operates any stationary noise source may apply
to the Noise Control Administrator for a variance from one or more
of the provisions of this section.
Applications for a permit of variance shall supply information
including, but not limited to:
1.
The nature and location of the noise source for which the application
is made;
2.
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his/her client, or
the public if the permit of variance is not granted;
3.
The nature and intensity of noise that will occur during the period
of the variance;
4.
The subsection or subsections of this section for which the permit
of variance shall apply;
5.
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring therefrom;
6.
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance with this section within
a reasonable time;
b.
Failure to supply the information required by the Noise Control Administrator
shall be cause for rejection of the application.
c.
A copy of the permit of variance must be kept on file by the City
Clerk for public inspection.
d.
The Noise Control Administrator shall charge the applicant a fee
of $25 to cover expenses resulting from the processing of the permit
of variance application.
e.
The Noise Control Administrator may, at his/her discretion, limit
the duration of the permit of variance, which shall be no longer than
one year. Any person holding a permit of variance and requesting an
extension of time shall apply for a new permit of variance under the
provisions of this subsection.
f.
No variance shall be approved unless the applicant presents adequate
proof that:
g.
In making the determination on granting a variance, the Noise Control
Administrator shall consider:
1.
The character and degree of injury to, or interference with, the
health and welfare of, or the reasonable use of, property which is
caused or threatened to be caused.
2.
The social and economic value of the activity for which the variance
is sought.
3.
The ability of the applicant to apply best practical noise control
measures.
h.
The permit of variance may be revoked by the Noise Control Administrator
if the terms of the permit of variance are violated.
i.
A variance may be revoked by the Noise Control Administrator if there
is:
j.
Either a denial of a variance or a revocation of a variance may be
appealed to the Council.
[Ord. No. 892 A. X § § 10.1,
10.2]
a.
Abatement Orders. In lieu of issuing a summons as provided, a Noise
Control Officer may issue an order requiring abatement of any source
of sound alleged to be in violation of this section within a reasonable
time period and unless he/she has reason to believe there will not
be compliance with the abatement order.
[Ord. No. 892 A. X §§ 10.3,
10.4; Ord. No. 1199 § III; Ord. No. 1431 § VII]
b.
Any person who exercises dominion and/or control over the premises
or establishment where sound in violation of this section occurs shall
be presumed to be a violator of this section. Such presumption shall
be subject to rebuttal in a court of law.
c.
Other Remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this section or from other law.
d.
Noise Free Zones. Any person who commits any offense defined in this section while in an area of the City of Sea Isle City designated by ordinance of the Council as a Noise Free Zone, as that term is defined by subsection 3-4.4, shall:
2.
In addition to any other sentence which the Court may impose, be
required to perform not less than 25 hours of community service.
Each day any such violation continues shall be construed as
a separate offense.
[Ord. No. 1050 preamble; Ord. No. 1431 § VIII]
Recent studies have demonstrated that the deleterious effect
upon smokers and nonsmokers of tobacco smoke presents a substantial
health hazard and therefore the City finds that it is in the interest
of public health to discourage and prohibit smoking in public buildings.
The City has determined that the right of nonsmokers to breathe
clean air should supersede the right of smokers to smoke.
The people have a right and should be insured of an environment
free from smoke which may constitute a danger to their health and
in accord with N.J.S.A. 40:48-2 and N.J.S.A. 26:3D-46, the City wishes
to eliminate smoking, which may jeopardize the health or welfare or
safety or degrade the quality of life.
[Ord. No. 1050 § 1]
As used in this section:
Shall mean a building or portion of a building owned or leased
by the City for its use. Facilities owned or leased by the City and
used for the holding of outdoor sports events are excluded from this
definition.
Shall mean the burning of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco.
[Ord. No. 1050 § 2]
No person shall smoke or engage in smoking in any public building
as defined herein. All municipally owned buildings in the City shall
be smoke free.
[Ord. No. 1050 § 3]
[Ord. No. 768 preamble]
The regulations hereinafter set forth, and acts herein prohibited,
apply to all public places, public areas, and public beaches within
the jurisdictional limits of the City and include the public streets
and rights-of-way, street ends, walks, ramps, Promenade, pavilions,
steps, approaches, stone revetments, bulkheads, seawalls, sand dunes,
jetties and areas beneath all of the foregoing in case some or any
of them are structures.
[1976 Code § 17-15; Ord. No. 768 § 1]
No person shall, in any place, public or private, act, conduct
or deport himself or herself in a loud, indecent, obscene, offensive
or lascivious manner; nor permit, nor cause to permit unusual, unnecessary
or obnoxious noise or noises.
[Ord. No. 768 § 1]
No person or persons shall loiter, assemble, band or crowd together
in such manner as to interfere with the rights of others lawfully
therein or thereon.
[1976 Code § 17-17; Ord. No. 768 § 1]
No person shall misrepresent or misstate his or her age, or
the age of any other person for the purpose of evading any provision
of the laws of the State of New Jersey, or the ordinances of this
City.
[1]
Editor's Note: Former § 3-6.5, Littering Prohibited,
1976 Code § 17-8, as amended, was repealed 12-22-2020 by Ord. No.
1658]
[1976 Code § 17-2; Ord. No. 768 § 1]
No person shall destroy, deface, damage or injure any property
of another; nor remove from the property of another any earth, gravel,
sand, stone, shrubs, trees, animals, fence, sign, notice, building,
or any article belonging to another without the consent of the owner.
[1976 Code § 17-3; Ord. No. 768 § 2]
No person shall dress, undress, change clothes or sleep in any
vehicle, motor or otherwise, within the public or private confines
of this City; and all persons are prohibited from appearing in public
in the City without being clothed in adequate and proper attire.
[1976 Code § § 17-1, 17-21; Ord. No. 768 § 2; Ord.
No. 1039 § 2; Ord. No.
1114 §§ 2, 3; Ord.
No. 1453 § I; Ord. No.
1507 (2011) § I; Ord.
No. 1624 (2018) § 1; amended 9-11-2018 by Ord. No. 1625; 5-11-2021 by Ord. No. 1667]
a.
No person shall possess, consume or sell open containers of any type or kind of alcoholic beverages in City-owned facilities or public places, including, but not limited to, public rights-of-way (except as permitted under § 4-3. Sidewalk Dining), public streets, beaches, promenades, parks, including, but not limited to, Excursion Park, any public place, public area, public parking lot(s), or public building of the City, including possession, consumption, or sale at public events sponsored by the City or on City property as noted herein; nor in any motor vehicle, whether parked or moving; nor in any public place in the City.
b.
No person shall possess cannabis of any type or kind, including but
not limited to any or all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof; the resin or separated resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds
or resin, including the separated resin, whether crude or purified
obtained from cannabis, except from an approved dispensary. No person
shall ingest, consume, make visible, use/smoke, sell, barter, gift
or give away cannabis of any type or kind in City-owned facilities
or public places, including, but not limited to, public rights-of-way,
public streets, beaches, promenades, parks; including, but not limited
to, Excursion Park, any public place, public area, public parking
lot(s), or public building of the City, including at public events
sponsored by the City or events held on or partially upon City-owned
facilities or public places; nor in any motor vehicle, whether parked
or moving; nor in any public place in the City. For the purpose of
City Code, "marijuana" and "cannabis" shall have the same meaning.
c.
"City-owned facilities or public places" shall be defined to include
all parks, public rights-of-way, public streets, beaches, beach accesses,
promenades, athletic fields, the marina, playgrounds, buildings, or
recreation centers, and shall also include the area within the buildings,
outside areas, and appurtenances at the recreation centers, and other
City-owned facilities.
[1976 Code § § 17-18-17-20]
a.
NUDITY
Definitions. As used in this subsection:
In the case of a male person shall mean the exposure of any
parts of the genitalia. Nudity in the case of a female person shall
mean the exposure of any parts of the genitalia and/or complete exposure
of the bosom.
b.
In Motor Vehicle or Public Place. No person shall appear nude in
any motor vehicle or vehicle of any kind in the City, or appear nude
in public or any place to which the public shall be invited.
c.
Exception. The prohibition of paragraph b shall not apply to actors
in a bona fide theatrical show or dramatic presentation.
[1976 Code § 17-11; Ord. No. 1615 (2017) § 10]
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 will probably cause any of the conditions enumerated in Section 3-6, he/she may, if he/she deems it necessary for the preservation of the public peace and safety, order the 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.
[Ord. No. 1257 § I]
The purpose of this section is to provide for the enforcement
of P.L. 2000, c.33.
[Ord. No. 1257 § I]
As used in this section:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or Court appointment.
Shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[Ord. No. 1257 § I]
Any person under the legal age to purchase alcoholic beverages
who knowingly possesses without legal authority or who knowingly consumes
any alcoholic beverage on private property shall be punished by a
fine of $250 for a first offense and $350 for any subsequent offense.
The Court may, in addition to the fine authorized for this offense,
suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Division of Motor Vehicles stating the first and last day of
suspension or postponement period imposed by the Court pursuant to
this section. If a person at the time of the imposition of a sentence
is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six months after the person reaches
the age of 17 years.
If a person at the time of the imposition of a sentence has
a valid driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Division along with the
report. If for any reason the license cannot be collected, the Court
shall include in the report the complete name, address, date of birth,
eye color, and sex of the person, as well as the first and last date
of the license suspension period imposed by the Court.
The Court shall inform the person orally and in writing that
if the person is convicted of operating a motor vehicle during the
period of license suspension or postponement, the person shall be
subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
The Court shall, for any person convicted under this section
who is not a New Jersey resident, suspend or postpone, as appropriate,
the nonresident driving privilege of the person based on the age of
the person and submit to the Division the required report. The Court
shall not collect the license of a nonresident convicted under this
section. Upon receipt of a report by the Court, the Division shall
notify the appropriate officials in the licensing jurisdiction of
the suspension or postponement.
This section does not prohibit an underaged person from consuming
or possessing an alcoholic beverage in connection with a religious
observance, ceremony, or rite or consuming or possessing an alcoholic
beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume
alcoholic beverages.
This section does not prohibit possession of alcoholic beverages
by any such person while actually engaged in the performance of employment
by a person who is licensed under Title 33 of the Revised Statutes,
or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational
school or post secondary educational institution; however, no ordinance
enacted pursuant to this section shall be construed to preclude the
imposition of a penalty under this section, R.S. 33:1-81, or any other
section of law against a person who is convicted of unlawful alcoholic
beverage activity on or at premises licensed for the sale of alcoholic
beverages.
[1976 Code 17-1.1; Ord. No. 867 § 1]
A curfew shall be and hereby is established in accordance with
the schedule below for those individuals 17 years of age and under.
a.
From May 15 to September 15, curfew shall be 12:00 midnight until
6:00 a.m.
b.
From September 16 to May 14, curfew shall be 9:30 p.m. until 6:00
a.m., Sunday through Thursday, and from 11:00 p.m. until 6:00 a.m.,
Friday and Saturday.
c.
Beginning 72 hours prior to Halloween, curfew shall be 7:00 p.m.
until 6:00 a.m., with the exception of Halloween night.
[Ord. No. 867 § 2]
The provisions of this section shall not apply to any individuals
17 years of age or under who shall be accompanied by a parent or guardian
or who shall be actually going to or returning home from employment,
civic, athletic, educational, religious, and City-sponsored recreational
activities.
[Ord. No. 867 § 3]
Any individual violating the terms of this section shall be
cited as a juvenile in need of supervision and appropriate action
shall be instituted by the Police Department, who shall have jurisdiction
for the enforcement of this section.
[Ord. No. 972 § 1; Ord. No. 1259 § II]
In accordance with the provisions of and pursuant to the authority
of N.J.S.A. 2C:35-7, the Drug-Free Zone Map prepared by the Municipal
Engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the City of property which
is used for school purposes and which is owned by or leased to any
elementary or secondary school or School Board, and of the areas on
or within 1,000 feet of such school property. The Drug-Free Zone Map
is also approved and adopted as an official finding and record of
the location and areas within the City which are used for public housing
facilities, public parks, or public buildings, and of the areas on
or within 500 feet of such public property.
[Ord. No. 972 § 2; Ord. No. 1259 § III]
The Drug-Free Zone Map approved and adopted pursuant to subsection 3-9.1 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 which is used for school purposes, as well as the location and boundaries of areas on or within 500 feet of property comprising a public housing facility, a public park, or a public building, 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, public housing facilities, public parks, public buildings, and Drug-Free Zones.
[Ord. No. 972 § 3]
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 Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or School Board and which is
used for school purposes.
[Ord. No. 972 § 4]
The City Clerk is hereby directed to receive and to keep on file the original of the Map approved and adopted pursuant to subsection 3-9.1, 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 the 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 the Map and of this section shall be provided, without cost, to the County Clerk and to the office of the Cape May County Prosecutor; and filed with the Clerk of the Municipal Court.
[Ord. No. 972 § 5; Ord. No. 1259 §§ IV, V,
VI, VII, VIII; Ord. No. 1431 § IX]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the Map approved and adopted pursuant to subsection 3-9.1 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 shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the City;
2.
The boundaries of the real property which is owned by or leased to
such schools or a 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.
5.
The location of public housing facilities, public parks, or public
buildings within the City;
6.
The boundaries of the real property which constitutes public housing
facilities, public parks, or public buildings within the City;
7.
That such public housing facilities, public parks, or public buildings
are and continue to be used as public housing facilities, public parks,
or public buildings; and
8.
The location and boundaries of areas which are on or within 500 feet
of such public housing facilities, public parks, or public buildings.
b.
Except as is otherwise 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 a school or School Board and
was being used for school purposes as of July 9, 1987, that being
the effective date of P.L. 1987, C. 101 (C.2C:35-7). Except as otherwise
noted on the face of the approved and adopted Map, all of the property
depicted on the Map approved and adopted herein as public housing
facility, public park, or public building property constituted a public
housing facility, public park, or public building as of January 9,
1998, that being the effective date of P.L. 1997, C. 327 (C.2C:25-7.1).
c.
Pursuant to the provisions of P.L. 1988, C. 44, 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 3-9.1. 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, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that the property is not owned by or leased to a school or School Board, or that the property is not used for school purposes.
d.
Pursuant to the provisions of P.L. 1997, C. 327, 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 3-9.1. The failure of the Map approved herein to depict the location and boundaries of any property which is, in fact, used for a public housing facility, public park, or public building, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that the property is not a public housing facility, public park, or public building.
e.
All of the requirements set forth in N.J.S.A. 2C:35-7 and N.J.S.A.
2C:35-7.1 concerning the preparation, approval and adoption of a Drug-Free
Zone Map have been complied with.
f.
The Governing Body is hereby authorized to approve and adopt as the
Map depicting the Drug-Free Zones the Map entitled:
Drug-Free School Zone & Public Park & Building Radius
Map
City of Sea Isle City, Project No. 8052
Prepared by Andrew A. Previti, P.E., Municipal Engineer,
Walker, Previti, Home & Associates
[Ord. No. 1613 (2017) § 2]
This section is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and well-being of
persons and property by prohibiting the release of aerial luminary
lanterns and helium balloons into the atmosphere. The balloons include
latex and Mylar, as it has been determined that the release of balloons
inflated with lighter-than-air gases poses a danger and nuisance to
the environment, particularly to wildlife and marine animals.
Also when a Mylar balloon contacts a power line, its metallic
properties can cause the equipment to short-circuit. The spark could
lead to a power outage and/or fire. These balloons tend to constitute
a public nuisance and may pose a threat to the safety of its inhabitants
and their property.
This section is intended to foster the education of the public
to the dangers and risks to the citizens, residents and visitors to
Sea Isle City posed by the intentional release of balloons and aerial
luminary lanterns. To that end this section shall add the duty to
educate the public as to these dangers to the other duties of the
Sea Isle City Environmental Commission.
[Ord. No. 1613 (2017) § 3]
Shall mean any device designed to be airborne upon release
into the environment regardless of fuel source including sky lanterns.
Shall mean a bag made of thin rubber or other light material,
usually brightly colored, inflated with air or with some lighter-than-air
gas.
Shall mean airborne paper lanterns that are constructed of
oiled rice paper on a bamboo frame, and contain a small candle or
fuel cell composed of a waxy flammable material. NJ Division of Fire
Safety Bulletin 2013-3 http://www.nj.gov/dca/divisions/dfs/alerts/bulletins/bulletin_2013-3_sky_lanterns.pdf
[Ord. No. 1613 (2017) § 4]
a.
It shall be unlawful for any person, firm or corporation to intentionally
release or cause to be released an untethered sky lantern, aerial
luminary lantern or similar device. [Source: 2015 International Fire
Code, Section 308.1.6.3]
b.
It shall be unlawful for any person, firm or corporation to intentionally
release, organize the release, or intentionally cause to be released
balloons inflated with a gas that is lighter than air within the City
of Sea Isle City except for:
[Ord. No. 1613 (2017) § 5]
[Ord. No. 1613 (2017) § 6]
Any person, organization, firm, or corporation violating any
provision of this section shall, upon conviction thereof, be subject
to a fine of no more than $500. By way of better serving the community
by educating the public on what happens to balloons after they are
released into the atmosphere a person or persons found guilty of violating
this section may assist in the process of educating the public on
why not to release balloons into the atmosphere in lieu of the fine.
Any violators seeking the option of assisting in educating the public
shall be referred to the City of Sea Isle City Environmental Commission
to foster the Commission in its endeavors.
[1976 Code § 13-28; Ord. No. 610 § 2; Ord. No. 1162 § I]
As used in this section:
Shall mean any apartment, cottage, bungalow or other dwelling
unit consisting of a room or a suite of rooms designated with or without
housekeeping facilities for dwelling purposes regardless of whether
or not the unit occupies one or more floors, and regardless of whether
the unit occupies an entire building or only part of the building.
The term dwelling or apartment specifically includes a motel, hotel
room and boatel.
Shall mean the individual or individuals designated by the owner on the application for a mercantile license for rental units who is authorized by the owner to receive notice of violations of the Revised General Ordinances, Section 11-1 through 11-5.3, arising at the dwelling unit. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; however, the term may include a licensed real estate broker or salesman of the State of New Jersey if the person designated by the owner as his/her contact person is so licensed. The contact person shall be a resident of Cape May County, New Jersey, for the term of the rental of the dwelling unit.
Shall mean the person or persons to whom an apartment or
dwelling is leased, rented or occupied. All children under 12 years
of age shall be excluded from the term tenant.
[1976 Code § 13-29; Ord. No. 610 § 2; Ord. No. 896 § 1; Ord. No. 1162 § II; Ord. No. 1184 § I]
Every owner renting or leasing a residential property shall
cause a register to be maintained on all rented or leased apartments
or dwellings which shall contain the names and addresses of all tenants
and the name, address and telephone number of the owner and his or
her real estate agent or agency. It shall be the responsibility of
the owner and/or his or her real estate agent or agency to give a
copy of the register to the tenants to be maintained on the rented
or leased apartment or dwelling. The register shall be made available
for inspection by the Business Administrator or a designee thereof[1] and by the officers of the Sea Isle City Police Department
at all times. In addition, it shall be the responsibility of the owner
and/or his or her real estate agent or agency to submit a copy of
the register to the Sea Isle City Police Department prior to the occupancy
of the rental apartment or dwelling.
[1]
Editor's Note: Amended per Ordinance No. 1431.
[1976 Code § 13-30; Ord. No. 610 § 3; Ord. No. 1162 § III; Ord. No. 1235 § I]
It shall be the responsibility of the owner and/or his or her
real estate agent or agency to register tenants. It shall specifically
be the responsibility of the owner to prevent the violation of the
Noise Control Ordinance (Ordinance No. 892 (1987),[1] and to prevent the premises from being loud and disorderly.
Additionally, it shall be the responsibility of the owner to make
certain that the property is properly maintained and in good repair,
including the land and any structure thereon.
[1976 Code § 13-31; Ord. No. 690; Ord. No. 857 § 1; Ord. No. 896 § 2; Ord. No. 951 § 1; Ord.
No. 1184 § II]
It shall be the responsibility of the tenant to register in accordance with subsection 3-11.2. In addition, the tenant shall be responsible to produce the register upon demand of the appropriate authority, which shall include, but not be limited to, the Director of Public Safety, the officers of the Sea Isle City Police Department and the officers of Code Enforcement. It shall specifically be the responsibility of the registered tenants to prevent the violation of the Noise Control Ordinance (Ordinance No. 892 (1987)[1] of the City, and to keep the premises from being loud
and disorderly.
[Ord. No. 1074 § 1]
The Business Administrator or a designee thereof,[1] Code Enforcement Officers and the officers of the Police
Department shall enforce this section.
[1]
Editor's Note: Amended per Ordinance No. 1431.
[1976 Code § 13-32; Ord. No. 610 § 5; New]
[1976 Code § 16-10.1]
a.
Motorized bicycles, as defined under the laws of the State, shall
not be operated or permitted to be operated or used on the entire
length and width of Landis Avenue, Pleasure Avenue, John F. Kennedy
Boulevard and the Promenade in the City during the period of May 15
through September 15 of each year.
b.
The use of motorized bicycles shall be limited to use, insofar as
North-South streets are concerned, to Central Avenue, and may be used
thereon at all times, as well as on all streets perpendicular to the
streets above designated.
c.
Any person operating or permitting to be operated or used a motorized
bicycle in violation of this section shall be liable, upon conviction,
for a penalty not to exceed $100; and for a second offense, a fine
not to exceed $200; and for a third offense, in the discretion of
the Court, a recommendation to the State Department of Motor Vehicles
that the permission to operate the vehicle be revoked and a fine not
to exceed $300, all to be imposed by the Municipal Court of the City,
which penalty shall be originated by a traffic summons.
[Added 7-12-2022 by Ord.
No. 1684]
As used in this section:
Means a two or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts, that meets the
requirements of one of the following classifications: "class 1 low-speed
electric bicycle" which means a low-speed electric bicycle equipped
with a motor that provides assistance only when the rider is pedaling,
and that ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour; or "class 2 low-speed electric bicycle"
which means a low-speed electric bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and that is not capable
of providing assistance when the bicycle reaches the speed of 20 miles
per hour. (Source: N.J. Stat. Ann. § 39:1-1)
Means a scooter with a floorboard that can be stood upon
by the operator, with handlebars, and an electric motor that is capable
of propelling the device with or without human propulsion at a maximum
speed of less than 19 miles per hour. This term shall not include
personal assistive mobility devices, motorized wheelchairs, mobility
scooters or similar mobility assisting devices used by persons with
physical disabilities or persons whose ambulatory mobility has been
impaired by age or illness. (Source: N.J. Stat. Ann. § 39:1-1)
Means a miniature motor vehicle and includes, but is not
limited to, pocket bikes, super pocket bikes, scooters, mini-scooters,
sport scooters, mini choppers, mini motorcycles, motorized skateboards
and other vehicles with motors not manufactured in compliance with
Federal Motor Vehicle Safety Standards and which have no permanent
Federal Safety Certification stickers affixed to the vehicle by the
original manufacturer. This term shall not include: electric personal
assistive mobility devices, motorized bicycles, low speed vehicles,
low-speed electric bicycles, or low-speed electric scooters; or motorized
wheelchairs, mobility scooters or similar mobility assisting devices
used by persons with physical disabilities, or persons whose ambulatory
mobility has been impaired by age or illness. (Source: N.J. Stat.
Ann. § 39:1-1)
Means a skateboard that is propelled otherwise than by muscular
power, including Hoverboards, Unicycle, and similarly designed platforms.
(Source: N.J. Stat. Ann. § 39:1-1)
Shall mean a four wheeled pedal powered cycle powered by
human action or motorized/electric assistance or a combination of
human power and motorized/electric assistance. Also known as surrey,
pedal cycle, beach buggy, beach bike, buddy bike, and others of the
same or similar type.
[Added 7-12-2022 by Ord.
No. 1684]
a.
The use of Low-speed electric bicycles, Low-speed electric scooters,
Motorized scooters, Motorized skateboards and similar means of conveyance
upon the Promenade and its approaches within the City from May 15
to September 15 of each year hereby are prohibited except during the
hours of: 5:00 a.m. to 3:00 p.m. on weekdays, 5:00 a.m. to 12:00 noon
on Saturdays and Sundays.
b.
All places of business renting, leasing, selling, giving or in any
way transferring low-speed electric bicycles, low-speed electric scooters,
motorized scooters, motorized skateboards and similar means of conveyance
within the City shall prominently display during all business hours
a sign, which shall state:
"The use of roller skates, skateboards, scooters and similar
means of conveyance upon the promenade and its approaches within the
City from May 15 to September 15 is prohibited except during the hours
of 5:00 a.m. to 3:00 p.m. weekdays, 5:00 a.m. to 12:00 noon on Saturdays
and Sundays."
c.
A person shall not tamper with or modify a low-speed electric bicycle
so as to change the motor-powered speed capability or engagement of
a low-speed electric bicycle, unless that person appropriately replaces
the label indicating the classification.
d.
Any person violating the terms of this subsection shall be liable,
upon conviction, for a fine for a first offense of not more than $50.
For each and every subsequent offense within 90 days of a prior conviction,
the penalty shall be a fine of not less than $25 nor more than $100.
[Added 7-12-2022 by Ord.
No. 1684]
[1976 Code § 17-3.1; Ord. No. 641 §§ 1, 2; New; Ord. No. 1131 §§ 2, 4]
a.
Pursuant to N.J.S.A. 2C:39-3 and 2C:39-5, the unlawful possession
and/or discharging of firearms, slingshots and other weapons and devices,
without the requisite New Jersey State permits, in the City of Sea
Isle City be and hereby is prohibited, with the exception of policemen
in the line of duty.
[1976 Code § 17-4]
Fireworks shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or article
prepared for the purpose of producing a visible or an audible effect
by combustion, explosion or a burning with suddenness and sparkling.
[1976 Code § 17-5; Ord. No. 1431 § X]
It shall be unlawful for any person to sell or expose for sale, display, use or discharge any firework or fireworks as such as is defined in subsection 3-13.3; provided, however, that this shall not prohibit the public display of fireworks when permission for the same is given by the Mayor.
[Ord. No. 1131 § 3]
The Police Department of the City of Sea Isle City retains authority
over confiscation and forfeiture proceedings of any firearm, slingshot,
weapon or device that is obtained, owned, possessed, used or discharged
unlawfully.
[Ord. No. 1374 § I]
The Police Department of the City of Sea Isle City retains authority
over confiscation and forfeiture proceedings of any fireworks that
is obtained, owned, possessed, used or discharged in violation of
this section, or any applicable State law or regulation.
[Ord. No. 887]
Pursuant to N.J.S.A. 5:8-58, any charitable organization may
conduct games of chance (raffles) on Sundays in the City, provided
that the charitable organization takes the appropriate steps as provided
for by law to secure a license for the holding, operating and conducting
of games of chance.
[Ord. No. 1033 § 1]
No person shall use or pretend to use or have any skill or charge
any price for engaging in palmistry, phrenology, physiognomy, occult
practices, or pretend to tell destinies or fortunes.
[Ord. No. 1033 § 2;
New]
[1976 Code § 17-6]
It shall be unlawful for any person to place or stretch fishing
nets for the purpose of cleaning, washing, drying, mending or storing,
on any lands within the limits of the City; provided, however, that
the provisions of this section shall not apply to new nets that have
never been used for the purpose of fishing.
[1976 Code § 17-7]
It shall be unlawful for any person to erect, maintain or use
any fire burning apparatus for the purpose of preheating tar, pitch
or other preservatives for the dipping or treating of fishing nets.
[Ord. No. 1119 § I]
No person shall play, use, operate or permit to be played, used
or operated, any radio, tape recorder, cassette player or other machine
or device for reproducing sound, if:
[Ord. No. 1119 § II]
Any person, partnership, firm or corporation that violates any
section of this section shall, upon conviction thereof, be subject
to imprisonment not exceeding 90 days and/or a fine of not less than
$100 nor more than $1,000.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1375.
[Ord. No. 1487 (2010) § I]
The City of Sea Isle City, like many neighboring communities
throughout the State of New Jersey has an obligation to effectively
and humanely control stray cat populations within its borders. The
City recommends to institute a Trap, Neuter and Return Program (TNR)
in an effort to reduce the stray cat population over time without
the necessity of wholesale capture and euthanization. The City recognizes
that this approach must be balanced against the City's obligations
in connection with a portion of the City having been identified as
a nesting area for certain endangered or threatened avian species.
Any portion of the City consisting of such a designation may not become
or remain an area for the release of said cats. This will hold true
for any future designated area for any endangered or threatened species.
The City has prepared this section to provide for the reduction of
certain stray cat colonies through TNR. It is the City's intention
to establish a permit for nonprofit foundations to establish TNR work.
There will be no fee for the permit but proof of existing foundation
is required. The permit will be issued yearly and will require an
annual report to be submitted for the past year before a current permit
can be issued. The City of Sea Isle City shall incur no additional
financial obligation for permitting a foundation of this type. Any
and all responsibilities for insurance and all costs will be the sole
obligation of the foundation.
[Ord. No. 1487 (2010) § II]
As used in this section:
Shall mean a volunteer, uncompensated person who agrees to
serve to facilitate the TNR program within the City of Sea Isle City
in accordance with this section and any rules and regulations that
may be established by the City. A caregiver shall not be deemed an
employee of the City and shall hold such volunteer position at the
pleasure of the City and being removed from or precluded from holding
such a volunteer position is the sole discretion of the City.
Shall mean Sea Isle City.
Shall mean the marking of a cat's ear through a surgical
procedure performed by qualified personnel.
Shall mean to give, place, expose, deposit, distribute, or
scatter any edible material with the intention of feeding, attracting,
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any nonprofit organization.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any cat that is not licensed in accordance with
the City ordinance and is free to roam as part of an identifiable
colony of such cats, which may consist of several cats or a single
cat.
Shall mean trap, neuter, and return.
Shall mean a program pursuant to which feral and stray cats
are trapped, neutered or spayed, vaccinated against rabies, ear-tipped
and returned to the location where they congregate.
Shall mean all animals that are neither human nor domesticated.
[Ord. No. 1487 (2010) § III]
No person shall feed, in any public park or on any other property
owned or operated by the City of Sea Isle City, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks,
or rehabilitation centers, or unconfined wildlife at environment education
centers), except for nonprofit foundations.
These foundations, with a program to care for stray cats shall
have the opportunity to apply for a permit from the City of Sea Isle
City. This program will allow for the trapping, neutering, vaccination
and release back to the streets. Once released, volunteers from this
foundation will continue to feed and provide care for these cats.
No individual(s) will be permitted to indiscriminately feed or care
for these animals. Feeding of these animals shall occur on public
land in a manner that is not to interfere with the use of public land
or on private property, with written permission from the owner and
in such a way as to not create a nuisance to the neighborhood. It
shall be the sole responsibility of the foundation for all costs associated
with this program. It shall be the responsibility of the foundation
to carry any insurance that would be necessary to perform this program,
and the City accepts no responsibility for this program. However the
City does see a need and desire to take care of these stray cats.
The foundation would be responsible for any complaints made with respect
to stray cats or cause and effect of caring for stray cats. An annual
report will be provided to the City detailing the number of colonies
in the City, the number of cats in each colony, number of cats spayed
or neutered, and the number of cats and kittens placed into permanent
homes, so that the City and the foundation may work together in caring
for these animals. No person shall interfere, hinder or tamper with
equipment of a licensed nonprofit foundation.
[Ord. No. 1487 (2010) § IV]
This section shall be enforced by the Police Department and/or
other municipal officials of the City of Sea Isle City. Any person
or foundation volunteer determined to be in violation of paragraphs
a through h below shall be issued a written warning and be allowed
a period of time in the discretion of the City, but not longer than
90 days, to come into compliance, or provide satisfactory evidence
of working to achieve compliance. Failure to comply shall result in
a violation of this section, which may result in the issuance of a
citation. Caregivers of stray cat colonies shall implement proper
management and sterilization practices.
a.
Sterilize (spay/neuter) all adult cats that can be captured.
b.
Vaccinate, as required by law, all cats that can be captured against
rabies, at least a one year vaccine; and any other infectious disease
as mandated by law.
c.
Make every attempt to remove kittens from the colony before eight
weeks of age for domestication and placement.
d.
Make every attempt to remove sick or injured cats from the colony
for immediate veterinarian care of humane euthanasia.
e.
Assure responsibility and arrangements for feeding the cat colony
regularly throughout the year, including weekends, holidays and vacations
of the stray cat caregiver. Feeding on caregiver's property of stray
cats managed by such caregiver shall not constitute a violation of
the prohibition of this section.
f.
Make every attempt to ear-tip all cats with a single cut on the left
ear.
g.
Maintain proof of sterilization, vaccination, ear-tipping and medical
records for all cats. These records must be provided to the City upon
request.
h.
Execute all documents required by the City which may be established
by this section of the City of Sea Isle City.
[Ord. No. 1487 (2010) § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be ordered to cease the feeding immediately.
Any person(s) who is found to be in violation of the provisions of
this section shall also be subject to a fine for each offense of not
less than $25 nor more than $100 for a first offense and not more
than $250 and community service for a period not to exceed 20 hours
for a second or subsequent offense. Each day a particular violation
continues shall constitute a separate offense. Any foundation that
does not have a current permit will be subject to all penalties set
forth in this section.
[Ord. 1487 (2010) § VI]
Each stray cat colony will be registered by the foundation with the City of Sea Isle City, at the time the permit is issued. An annual report will also be supplied at that time. The report will contain information such as but not limited to, number of colonies, number of cats in each colony, number of cats spayed or neutered, vaccinations given, ear tipping, and any other medical procedures performed. No stray cat colony shall be permitted to be established or continue with its already established status in the area mentioned in subsection 3-18.1 entitled Purpose, the north end beach where endangered or threatened avian species gather, or in any other area that might be of danger to an endangered or threatened species. If there shall be an established colony in any such area a Sea Isle City representative will effectuate the capture of all stray cats and transport same to the County Animal Shelter for handling in accordance with the interlocal agreement between the City of Sea Isle City and the County applicable to such animals.
[Ord. 1487 (2010) § VII]
Ear tipping will be used on stray captured cats in order to
be identified as a spayed or neutered and vaccinated member of a managed
colony.
[Ord. No. 1487 (2010) § VIII]
The City of Sea Isle City shall have the authority to adopt
further rules and regulations applicable to the TNR Program to the
extent that the same are consistent with and do not modify the provisions
of the ordinance as needed.
[1]
Editor's Note: Former Section 3-19, Sex Offender Residency
Prohibition, previously codified herein and containing portions of
Ordinance No. 1380, was repealed in its entirety by Ordinance No.
1471 (2009).
[Ord. No. 1400 (2006) § I]
It shall be unlawful for any person to broadcast over the airways
or by any sound producing device live commercial radio broadcasts
unless first obtaining a permit herein and complying with the terms
of said permit.
[Ord. No. 1400 (2006) § I]
No live outdoor commercial radio broadcast shall occur unless
and until the persons desiring to conduct such broadcast obtain a
permit from the City Clerk. The City Clerk shall inform the Police
Department of any permit request.
[Ord. No. 1400 (2006) § I]
There shall be an administrative processing fee of $25 for the
issuance of each permit.
[Ord. No. 1400 (2600) § I]
[Ord. No. 1400 (2006) § I]
A permit issued herein shall be posted in a conspicuous place
in or around the broadcast area so as to be seen by the public.
[Ord. No. 1400 (2006) § I]
Any person conducting a live outdoor commercial radio broadcast
without being properly licensed or who shall violate any of the terms
of the permit shall upon conviction be subject to a fine of not less
than $100 nor more than $500.
[Ord. No. 1459 (2009) § III;
deleted by Ord. No. 1615 (2017)
§ 11]
See subsection 2-6.4 for Municipal Public Defender.
