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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor’s Note: Former Section 3-1, Noise, previously codified herein and containing portions of 1972 Code §§ 76-1 — 76-18, 76-19 and Ordinance Nos. 1424, 1493, 1514-90, 1520-90 and 2022-08, was repealed in its entirety by Ordinance No. 2051-09. See Section 3-28 for noise restrictions.
[1972 Code § 38-33; Ord. No. 1048; Ord. No. 1701-96 § 1; Ord. No. 2111-12 § 1; Ord. No. 2181-15; Ord. No. 2185-15]
It shall be unlawful for any person, including but not limited to an occupant of a motor vehicle, to consume or pretend to consume any alcoholic beverage or to possess any open or unsealed container containing an alcoholic beverage in or upon any public sidewalk, public highway, public park, public recreation area, public parking lot, public boardwalk, public beach, public conveyance or any quasi-public place unless a permit for that purpose shall have been issued by the Director of Alcoholic Beverage Control with the consent of the Governing Body. Quasi-public place shall mean any sidewalk, parking lot, driveway, alley, walkway or other open area adjacent to any nonresidential building or nonresidential use. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction, be subject to a minimum fine in the amount of $450.
[Ord. No. 1697-96]
a. 
Legislative Findings. The Borough Council makes the following legislative findings:
1. 
N.J.S.A. 2A:170-25.21 permits a person owning or operating a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public to permit or allow the consumption of wine or a malt alcoholic beverage in a portion of the premises which is open to the public.
2. 
N.J.S.A. 2A:170-25.22 permits a municipality to restrict the right of an owner or operator of a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public from permitting the consumption of wine or a malt alcoholic beverage in a portion of the premises which is open to the public.
b. 
Restrictions Relating to the Consumption of Wine or a Malt Alcoholic Beverage in Premises Not Licensed Under the Provisions of Title 33. The consumption of wine or a malt alcoholic beverage is permitted or allowed, pursuant to N.J.S.A. 2A:170-25.21, in a portion of premises which is open to the public provided that the area is within the interior of a building, unless the exterior portion of the premises has been authorized to be utilized as a restaurant, dining area or other public place where food or liquid refreshments are sold or served to the general public pursuant to a site plan approved by the Planning Board or Zoning Board of Adjustment in accordance with Chapter 35 Zoning of the Municipal Code.
[1972 Code § 38-30; Ord. No. 1307; Ord. No. 1831-00 § 1]
No person shall offer or serve any alcoholic beverage to a person under legal age in any public or quasi-public place within the Borough of Manasquan. No person who has ownership or control of any premises, whether public or quasi-public, or supervision of any event, shall permit, suffer or allow the consumption of an alcoholic beverage by a person under legal age in or upon any such premises or at any such event within the Borough of Manasquan.
[1]
Editor's Note: See also Chapter 6, Section 6-9, Possession or Consumption by Underage Person on Private Property.
[1972 Code § 38-32A; Ord. No. 1523-90]
It shall be unlawful for any person in the Borough of Manasquan under legal age to be under the influence of an alcoholic beverage or exhibit signs of intoxication from an alcoholic beverage.
[1972 Code § 80-27]
It shall be unlawful for any person or persons to change, disrobe, dress, undress or otherwise remove his or her clothing in any automobile in any of the public streets or places in the Borough.
[1972 Code § 80-28]
It shall be unlawful for any person or persons to change, disrobe, dress or undress or otherwise remove his or her clothing in any of the public streets or places of the Borough.
[1972 Code § 73A-1; Ord. No. 1178]
As used in this section:
COMMERCIAL HANDBILL
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:
a. 
Which advertises for sale any merchandise, produce, commodity or thing; or
b. 
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
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
Shall mean any putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
RUBBISH
Shall mean any 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.
VEHICLE
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.
[1972 Code § 73A-2; Ord. No. 1178]
a. 
No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake, stream or any other body of water within the Borough, except in public receptacles, in authorized private receptacles for collection or in official municipal dumps. 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. 
No person, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street, private parking lot or any other place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying private property shall be responsible for maintaining all of the property free of litter.
c. 
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 any private property.
d. 
No person shall drive or move any truck or other vehicle within the Borough unless such 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; nor shall any person drive or move any vehicle or truck within the Borough the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
e. 
No person shall bring, cart, remove, transport or collect any litter from outside this municipality or into this Borough for the purpose of dumping or disposing thereof unless authorized by the Mayor and the Borough Council.
[1972 Code § 73A-3; Ord. No. 1178]
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 receptacles for collection.
[1972 Code § 73A-4; Ord. No. 1178]
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to so do 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 AGENTS, NO ADVERTISEMENT or any similar notice indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
[1]
Editor’s Note: Former Section 3-6, Loitering previously codified herein and containing portions of 1972 Code §§ 80-1 — 80-4 was repealed in its entirety by Ordinance No. 2025-08.
[1972 Code § 80-30; Ord. No. 932]
It shall be unlawful for any person to resist, hinder, obstruct or abuse any Police Officer, municipal employee or lifeguard while engaged in the lawful performance of his official duties in the Borough.
[1972 Code § 80-31; Ord. No. 932]
It shall be unlawful for any person to flee from any Police Officer or lifeguard after being directed by any such Police Officer or lifeguard, in the exercise of his official duties, to halt; or to flee from any such Police Officer or lifeguard for the purpose of avoiding arrest.
[1972 Code § 54B-1; Ord. No. 1689-96]
The Borough Council makes the following legislative findings:
a. 
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines.
b. 
The United States Department of Health and Human Services, in a publication dated August 10, 1995, reviewed facts concerning the plague of cigarette smoking by children and called for the elimination of cigarette vending machines.
c. 
The State of New Jersey has prohibited the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2A:170-51.
d. 
The municipality is unable to prevent the sale of cigarettes to minors by vending machines and no penalty has been imposed by the State statute upon minors for the purchase of cigarettes.
e. 
There exists within the municipality numerous cigarette vending machines which provide an uncontrolled opportunity for the purchase of cigarettes by minors.
f. 
The municipality is authorized to enact ordinances under its police powers which are not contrary to the laws of the State of New Jersey or the United States of America for the necessary and proper protection of persons and for the preservation of public health, safety and welfare of the municipality and its inhabitants.
[1972 Code § 54B-2; Ord. No. 1689-96]
a. 
Cigarette vending machines are prohibited in the municipality, except in places licensed to sell or distribute alcoholic beverages under the Statutes, rules and regulations of the State of New Jersey (from now on called "licensed premises"). Cigarette vending machines may be located in a licensed premises subject to compliance with all of the following conditions:
1. 
The machine is located within the immediate vicinity of, or in plain view, and under the control of an employee 18 years of age or older.
2. 
The machine is not located in a coat room, restroom, waiting area or similar unmonitored area, and is inaccessible to the public when the place of business is closed.
3. 
The machine is equipped with a locking device that has all of the following characteristics:
(a) 
The machine is inoperative and not capable of accepting money unless activated by an employee of the licensed premises.
(b) 
The machine contains a warning label to minors and a label indicating activation procedures.
(c) 
Once activated, the machine automatically is deactivated after three minutes or the purchase of one pack of cigarettes, whichever occurs first.
(d) 
Any malfunction of the locking device renders the machine inoperable.
(e) 
The locking device cannot be bypassed to leave the machine in an operating mode for an unlimited period of time.
4. 
Keys permitting entry to the machine or locking device shall not be kept or retained at the licensed premises.
5. 
No employee of the licensed premises shall activate the machine until making a reasonable determination that the person wishing to use the machine is 18 years of age or older.
6. 
The machine must be registered with the Municipal Code Enforcement Official. The registration form shall be issued, without the payment of any fee, if it contains all of the following information:
(a) 
The name, address and business telephone number of the owner of the licensed premises.
(b) 
The name, address and business telephone number of the owner of the machine.
(c) 
A description of the proposed location of the machine at the licensed premises.
(d) 
A certification by the owner of the licensed premises that the machine complies with all of the requirements of this section.
[1972 Code § 54B-3; Ord. No. 1689-96]
It shall be unlawful for any person to remove, disconnect or otherwise disable the locking device on the cigarette vending machine.
[1972 Code § 56-1; Ord. No. 925; Ord. No. 1774-98]
No person under the age of 18 years shall be permitted on any public place, public street or public property in the Municipality between the hours of 7:00 p.m. and 6:00 a.m., prevailing time, on October 28, October 29, October 30 and November 1 of each year or between the hours of 9:00 p.m. and 6:00 a.m. prevailing time, on October 31 each year unless such person is in attendance at a program or function sponsored by the Municipality, a church or school or by any other organization which has obtained the permission of the Chief of Police to conduct a program or function during this time. This subsection shall not apply to persons under the age of 18 years while they are returning home from a place of employment, school, fraternal or religious meeting or going to and from a doctor's or dentist's office where treatment has been rendered or is to be rendered or to persons under the age of 18 years who are accompanied by a parent or guardian over the age of 21 years.
[1972 Code § 56-2; Ord. No. 925]
During the hours and dates mentioned in subsection 3-10.1, no person shall wear any apparel or device which covers any part of his face for the purpose of disguise in any public place, public street or public property in the Borough.
[1972 Code § 56-3; Ord. No. 925]
Any person who is a parent, guardian or standing in loco parentis of any such person under the age of 18 years who permits, consents to or approves or allows any person under the age of 18 years to violate the provisions of this section or any portion thereof shall likewise be guilty of a violation of this section.
[1972 Code § 60-1; Ord. No. 1465]
Pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about January 19, 1988 by T & M Associates, Inc., the Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality 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.
[1972 Code § 60-2; Ord. No. 1465]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-12.1 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 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.
[1972 Code § 60-3; Ord. No. 1465]
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.
[1972 Code § 60-4; Ord. No. 1465]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-12.1, and to provide at a reasonable cost a true copy thereof to any person, agency or Court which may from time to time 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 subsection shall be provided without cost to the County Clerk and to the Office of the Monmouth County Prosecutor.
[1972 Code § 60-5; Ord. No. 1465]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-12.1 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 map shall constitute prima facie evidence to the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or 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.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, C. 101 (C. 2C:35-7).
c. 
Pursuant to the provisions of 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 3-12.1. 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 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 of the requirements set forth in L. 1988, C. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[1972 Code § 64-1; Ord. No. 1304; Ord. No. 1639-94]
No person shall use, shoot, fire, discharge or otherwise employ any firearm as defined in N.J.S.A. 2C:39-1, or any weapon or device in the nature of an air or spring gun or pistol, carbon dioxide or compressed air gun or pistol, or any other device which employs as a propelling force a spring elastic band carbon dioxide, compressed or other gas, vapor or compressed air, and which is capable of ejecting any bullet, pellet or missile whatsoever with sufficient force to injure a person.
[1972 Code § 64-2; Ord. No. 1304; Ord. No. 1639-94]
No person shall possess, carry, sell, exchange, store or retain any firearm or other device as defined in subsection 3-13.1 hereof, except in accordance with the provisions of Title 2C of N.J.S.A.
[1972 Code § 64-3; Ord. No. 1304; Ord. No. 1639-94]
No person shall possess, carry, sell, exchange, store, retain, ignite or discharge any explosive or fireworks as defined in N.J.S.A. 2C:39-1, 21:2-2 and 21:2-3.
[1972 Code § 64-4; Ord. No. 1304; Ord. No. 1639-94]
The Governing Body may, in its sole discretion, issue a special permit for the display of fireworks. An applicant shall make written application for this special permit on forms to be made available through the Office of the Municipal Clerk. The Governing Body shall act upon the application within 45 days of the date of its filing with the Municipal Clerk.
[1972 Code § 80B-1; Ord. No. 1491-89]
The Borough Council finds and declares as follows:
a. 
Polystyrene packaging which is discarded into the waterways surrounding Manasquan constitutes a significant source of litter spoiling our beaches and waterways and is, therefore, a necessary focus of any effort to improve the aesthetic quality of our environment.
b. 
Discarded non-degradable polystyrene remains persistent in the environment and endangers life and wildlife.
c. 
Chemical composition and ability of a substance to degrade are meaningful and useful criteria to focus upon when establishing public policy that is intended to reduce the cumulative impact of litter and encourage composting.
d. 
No viable outlets exist for the recycling of polystyrene which would serve to encourage recycling of the material.
e. 
Certain retail establishments within Manasquan are points of origin for polystyrene waste and, therefore, are necessary targets for actions which have the potential for reducing the entry of polystyrene into the environment.
f. 
There are readily available paper product substitutes for polystyrene products now being used in Manasquan, the use of which alternatives would be environmentally advantageous to the public of Manasquan.
g. 
It is understood that polystyrene comprises a small volume of the total waste generated within the Borough; however, the elimination of polystyrene from Manasquan's solid waste stream will simplify additional recycling efforts within the municipality.
h. 
It is also recognized that the volume of polystyrene sold in Manasquan is small compared to the overall sales of the material in the Monmouth/Ocean County area; however, it is hoped that this action will encourage similar actions in surrounding communities and/or accelerate efforts to develop recycling outlets. Therefore, the purpose of this section is to the maximum extent practicable, eliminate the use of polystyrene originating at retail establishments within Manasquan in order to protect the land and waters of Manasquan from environmental contamination.
[1972 Code § 80B-2; Ord. No. 1491-89]
DEGRADABLE PACKAGING
Shall mean packaging made of cellulose-based or other substances that are capable of being readily attacked, decomposed, assimilated, and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide; or in the alternate capable of otherwise degrading within 12 months of manufacture, into fragments that are small relative to the original size, or into particles of a molecular weight that is low when compared to that of the original material.
PACKAGING
Shall mean all food-related wrappings, adhesives, cords, binding, bags, boxes, containers and disposable or nonreusable plates, cups, or drinking utensils intended for use within the Borough of Manasquan.
RETAIL FOOD ESTABLISHMENT
Shall mean all sales outlets, stores, shops or other places of business located within Manasquan, which operate primarily to sell or convey foods directly to the ultimate consumer which foods are predominantly contained, wrapped, or held in or on packaging. "Retail food establishment" shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short order cafe; fast-food outlet; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchen; grocery store; public food market; food stand; or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation, including homes, where food is processed, prepared, stored, serviced or provided for the public for charge.
[1972 Code § 80B-3; Ord. No. 1491-89; Ord. No. 1500]
a. 
No retail food establishment located or doing business within Manasquan shall sell, distribute or serve any prepared, cooked or immediately consumable food product or any liquid or beverage to a consumer within the Borough of Manasquan in a package or container made of polystyrene.
b. 
No retail food establishment located or doing business within Manasquan shall sell, distribute, give or provide any eating utensil, food container or beverage container to a consumer within Manasquan if such eating utensil, food container or beverage container is made of polystyrene.
[1972 Code § 80B-4; Ord. No. 1491-89]
The Borough shall not purchase any food packaging which contains polystyrene nor shall it sponsor any event which utilizes such packaging. All food packaging utilized or purchased by the Borough shall be biodegradable and/or photodegradable.
[1972 Code § 80B-5; Ord. No. 1491-89]
This section shall be enforced by the Police Department, the Code Enforcement Official and such other persons as may be designated by the Borough Council.
[1972 Code § 80B-6; Ord. No. 1491-89; New]
In addition to the penalties stated in Chapter 1, Section 1-5, a minimum penalty of a $100 fine shall be imposed when such violation involves a commercial source or trade waste.
[1972 Code § 80B-7; Ord. No. 1491-89]
This section shall be void upon the enactment or adoption of any Federal and/or State law or regulation restricting the use of polystyrene.
[1972 Code § 103-1; Ord. No. 1928-04 § 1; Ord. No. 1938-04 § 2]
No person shall store, permit or suffer to be stored upon any lands located in the B-1 (Business), B-2 (Marine Business), B-3 (General Business), O (Office), or I (Industrial) zones, as defined in Chapter 35 of the Municipal Code, any automobile or motor vehicle which is not capable of being used or operated, or any part or parts of an automobile or motor vehicle, unless the same are contained within a fully enclosed structure or enclosed within a solid fence having a minimum height of six feet. In the case where an inoperable automobile or motor vehicle or any part or parts of an automobile or motor vehicle are stored within an area enclosed by a solid fence having a minimum height of six feet, the fence must be set back from the front property line a distance equal to or greater than the existing front yard setback of the building on the site. Automobiles, motor vehicles or any part or parts of automobiles or motor vehicles stored within a fence pursuant to this provision may be stored in such area for a maximum period of 60 days.
Owners and operators of new and used car agencies, and repair or service garages may store an automobile or motor vehicle which is not capable of being used or operated or any part or parts of an automobile or motor vehicle which are not stored within a fully enclosed structure or enclosed within a fence having a minimum height of six feet for a period not to exceed 60 days subject to the following conditions:
a. 
If an automobile or motor vehicle is being stored for the purpose of making repairs subject to the delivery of parts, the owner or operator shall file a written certification with the Code Enforcement Officer stating all pertinent facts, and shall advise the Code Enforcement Officer weekly, by written certification, of the status of such repair.
b. 
If the automobile or motor vehicle is being stored for the purpose of obtaining title to a junk vehicle pursuant to the provisions of State law, the owner or operator shall file a written certification with the Code Enforcement Officer stating all pertinent facts, and shall advise the Code Enforcement Officer weekly, by written certification, of the status of obtaining title pursuant to State law.
c. 
Upon completion of making repairs or obtaining title, the automobile or motor vehicle shall be removed from the property within three days.
[1972 Code § 103-2]
As used in this section:
INOPERABLE VEHICLE
Shall mean any automobile which is not capable of being used or operated and shall be deemed to be an automobile which cannot be moved under its own power from place to place upon the public streets.
STORE or STORED
Shall mean the keeping of any automobile or other motor vehicle upon any lands for a period of more than 30 days.
[1972 Code § 103A-1; Ord. No. 1341]
Pursuant to N.J.S.A. 39:4-139.2, the Borough has the authority to make, amend, repeal and enforce an ordinance authorizing the impoundment or immobilization of motor vehicles found within the Borough if there are any outstanding warrants against such vehicles. The Borough Council hereby exercises this authority and delegates to the Police Department and/or its agents the authority to impound or immobilize motor vehicles found within the Borough if there are any outstanding warrants against such vehicles.
[1972 Code § 103A-2; Ord. No. 1341]
Except for vehicles owned by lessors who have complied with the provisions of the act respecting lessors, if any outstanding warrants are not paid by midnight of the 30th day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at public auction. The Borough shall give notice of the sale by certified mail to the owner, if his or her name and address is known, and to the holder of any security interest noted on the files of the Director of the Division of Motor Vehicles. Public notice of the sale shall be in a form prescribed by the Director of the Division of Motor Vehicles by publication of public notice at least five days in advance of the date of sale. Publication shall be in one or more of the official newspapers of the Borough, which newspapers are established by annual resolution of the Governing Body.
[1972 Code § 103A-3; Ord. No. 1341; Ord. No. 2180-15]
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle as stated in Chapter 16, Fees, and any fine or penalty and Court costs assessed against the owner of the vehicle for a violation(s) which gave rise to the impoundment or immobilization of the vehicle, including any outstanding warrants against such vehicle; provided however, the owner-lessor of a motor vehicle who has complied with the provisions of "The Parking Offenses Adjudication Act" respecting lessors shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, Court costs and outstanding warrants against the vehicle.
[1972 Code § 103A-4; Ord. No. 1341]
Any proceeds obtained from the sale of the vehicle at public auction in excess of the amount owed to the Borough for the reasonable costs of removal and storage of the motor vehicle, and any fines or penalties and Court costs assessed against the vehicle for the violation which gave rise to the impoundment or immobilization of the motor vehicle, including any outstanding warrants against such vehicle, shall be returned to the owner of the vehicle, if his or her name and address are known.
[1972 Code § 102-1]
It shall be unlawful to operate any type of motor driven vehicle or conveyance, or to bring the same, upon any of the following areas within the Borough:
a. 
On any sidewalk or sidewalk area, except for driveways; provided, nevertheless, that small vehicles, commonly known as minibikes, may be pushed by hand upon sidewalks abutting improved streets.
b. 
Upon the bicycle path over the former Freehold Jamesburg Agricultural Railroad between the western line of North Main Street and the western boundary line of the Borough of Manasquan.
c. 
Upon the walkway along the monumented beachfront line and along the Manasquan Inlet.[1]
[1]
Editor's Note: See also subsection 12-4.19, Mopeds and Motorcycles Prohibited.
d. 
Within any public park and upon any of the pedestrian walks abutting same.
[1972 Code § 102-2]
This section shall not apply to police and emergency vehicles.
[1972 Code § 80-25]
No person shall hang, place or exhibit wet bathing suits, wet linens or washed articles in the front yard, on the front roof or on the front porch of any premises or house in the Borough.
[1972 Code § 80-10]
No person shall keep or maintain a disorderly house or a house of ill fame, or allow or permit any house, shop, store or other building owned or occupied by him or her to be used as a disorderly house or house of ill fame, to be frequented or resorted to by riotous or disorderly persons, prostitutes, gamblers or vagrants.
[1972 Code § 80-11]
a. 
No person shall keep or maintain any house, shop, store or other building, nor allow or permit any person to keep any house, shop, store or other building owned or occupied by him or her, to be used as a house for the sale of beer, wines, ales or intoxicating liquor of any kind or nature, unless the premises are duly licensed in accordance with the laws of the State of New Jersey.
b. 
No person shall permit any house, shop, store or other building owned by him or her to be frequented or resorted to by any person or persons for the buying or selling of any intoxicating liquors or beverages, unless such premises are duly licensed in accordance with the laws of the State of New Jersey.
[1972 Code § 80-12]
No person shall deal, play or engage in faro, roulette, bookmaking, lottery or other game of chance, either as banker, player, dealer or otherwise, for the purpose of gaming.
[1972 Code § 80-13]
Any person or persons who shall loiter or assemble on the streets, at the corners of the streets or in the public places of the Borough, shall indulge in and utter loud and offensive or indecent language, shall be deemed and adjudged to be a disorderly person.
[1972 Code § 80-14]
Any person who shall loiter in any quasi-public place or in or upon any private property not his own within this Borough, or who shall indulge in and utter loud and offensive or indecent language shall be adjudged a disorderly person.
[1972 Code § 80-15; Ord. No. 1383; Ord. No. 2111-12 § 2; Ord. No. 2181-15; Ord. No. 2185-15]
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, beach, waterway, alleyway, driveway or any area on private property open to public view in the Borough, or appear in any other such place in the Borough in a state of nudity; in an indecent or lewd dress or garment; or make any indecent exposure of his or her person; or urinate in any of the above described places except in public restrooms provided for that purpose. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction, be subject to a minimum fine of $450 and a maximum fine not to exceed $2,000.
[1972 Code § 80-16]
a. 
No person shall make, aid or assist in making any loud and disturbing noise or noises by use of any device, contraption or machine in the public streets or elsewhere in this Borough.
b. 
No person shall make, aid or assist in making any disturbance, riot or breach of the peace in the streets or elsewhere within the Borough.
[1972 Code § 80-17]
No person shall disturb any congregation or assembly met for religious worship in any church or other building, by making a noise or by rude or indecent behavior or profane discourse within such place of worship.
[1972 Code § 80-18; Ord. No. 1526-90]
Any person who shall maliciously destroy, damage, injure, break or deface property shall be adjudged a disorderly person.
[1972 Code § 80-19]
Any person, firm or corporation that shall dump any garbage, ashes, trash or other refuse on any property owned or controlled by the Borough, without first obtaining permission of the Borough Council, shall be adjudged a disorderly person.
[1972 Code § 80-19.1; Ord. No. 1065]
No person shall use an open mesh basket or enclosed litter receptacle placed on public property by the Borough for deposit of household or commercial refuse.
[1972 Code § 80-20]
Any person who shall enter any school building or go upon the grounds or lands belonging to any public school used and occupied for school purposes, and shall break, injure or deface such building or any part thereof, shall be adjudged a disorderly person.
[1]
Editor's Note: Former subsection 3-19.13, Loitering for Unlawful Purposes, previously codified herein and containing portions of 1972 Code § 80-22 was repealed in its entirety by Ordinance No. 2025-08.
[1972 Code § 80-24.1; Ord. No. 1453]
Any person who trespasses on private property and surreptitiously or sneakingly invades the privacy of another by peering into the windows or other openings of dwelling places located thereon for no lawful purpose shall be adjudged a disorderly person.
[1972 Code § 80-24; Ord. No. 1513-90]
No person shall occupy or use any motor vehicle or motor-drawn vehicle while parked within the Borough, either on public or private property, for living or sleeping purposes.
[Ord. No. 1792-99 § 1]
No person or persons shall sleep in a tent, sleeping bag or similar device except within a dwelling unit during the hours between sundown and sunrise. The term dwelling unit is defined in Section 35-3 of Chapter 35, Zoning, of the Municipal Code. No provision of this subsection shall be deemed to permit occupancy of a dwelling unit in violation of the provisions of Chapter 13, Section 13-1, Property Maintenance Code, of the Municipal Code.
[1]
Editor's Note: For license requirements for Hawkers and Peddlers, see Section 4-6.
[1972 Code § 69-25; Ord. No. 868; Ord. No. 1214; Ord. No. 1581-92; Ord. No. 1612-93]
It shall be unlawful for any person to stop or park any vehicle on any street, sidewalk or public walkway on, along or adjacent to North Main Street, East Main Street, Atlantic Avenue east of North Main Street, Broad Street south of Blakey Avenue, First Avenue, Second Avenue, Third Avenue, Fourth Avenue, State Highway Route No. 71 (also known as Taylor Avenue north of Main Street and also known as Union Avenue south of Main Street), Riverside Drive, Brielle Road, Ocean Avenue, Stockton Avenue, Rogers Avenue east of Watsons Creek, Riddle Way, Tarpon Avenue, Marlin Avenue, Pompano Avenue, Trout Avenue, Pike Avenue, Whiting Avenue, Perch Avenue and Timber Lane in the Borough of Manasquan for the purpose and during the process of selling goods, commodities or merchandise to a consumer.
[1972 Code § 69-25; Ord. No. 868]
For the purpose of this section:
VEHICLE
Shall mean anything operated on wheels or runners, and shall include anything hitched or attached thereto.
[1972 Code § 11-23]
No person shall maliciously or wantonly break or injure any property belonging to the Fire Department.
[1972 Code § 11-25]
No person shall willfully drive, propel, or cause to be driven or propelled, any vehicle over any hose or other fire apparatus.
[1972 Code § 11-26]
No person shall raise or cause to be raised any false alarm of fire within the corporate limits of the Borough.
[1972 Code § 11-31]
No person shall kindle or maintain any bonfire or other fire, or shall knowingly furnish the materials for any such fire, or authorize any such fire to be kindled or maintained on or in any street, or public ground, or upon any private lot within the limits of the Borough unless a permit shall first have been secured from the Fire Inspector.
[1972 Code § 11-33]
No person shall use or take into any building, barn, vessel, boat or any other place where gunpowder or any other explosive materials or hay, straw or other highly combustible material may be kept, any burning light or open fire unless the same shall be well secured in a glass globe, wire mesh cage or similar device.
[1972 Code § 11-34; New]
It shall not be lawful to manufacture, keep, sell, use or handle for any purpose whatsoever any gunpowder, nitroglycerin or blast oil, dynamite, fulminate of silver, fulminate of mercury, explosive guncotton, soluble cotton, petroleum, either crude or refined naphtha, gasoline, benzine, kerosene or spirit gas, or any other explosive or highly combustible materials whatsoever, liquid or vapor or solid, in any building or in or on any property within the limits of the Borough, without first having obtained a permit to do so from the Fire Inspectors.
[Ord. No. 2094-11 § 1]
Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes, and town homes, subject to the regulations contained herein.
a. 
Fires shall be limited to a maximum three feet diameter and two feet in height, must be contained in a noncombustible chimenea, outdoor fireplace, fire pit, or other method approved by the Fire Prevention Officer.
b. 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks and embers. All combustible material must be contained completely with the enclosure.
c. 
Fires must be kept at least 15 feet from any structure or combustible exterior wall.
d. 
Fires must be constantly attended by an individual 18 years of age or older.
e. 
No such fire or container used for an open burning may be used on any porch, deck, balcony or other portion of a building; within any room space; or under any building overhang.
f. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, treated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited.
g. 
The use of flammable liquids is prohibited.
h. 
The Fire Prevention Officer, Police Officer, or Code Enforcement Officer may order any open fire, or use of a chimenea, outdoor fireplace, or fire pit which creates a nuisance or a fire hazard of any sort to be extinguished.
i. 
All other devices that produce an open flame not addressed in this subsection shall be used in accordance with the manufacturer's specifications.
j. 
Violators of this subsection shall be subject to the general penalties set forth in Section 1-5 et seq.
[Ord. No. 1754-98 § 1]
Charitable organizations, as defined in N.J.S.A. 45:17A-20, shall be permitted to solicit contributions for charitable purposes in the right-of-way of a road or highway maintained or under the jurisdiction of the New Jersey Department of Transportation or the Monmouth County Board of Chosen Freeholders subject to the charitable organization obtaining prior written approval from the governmental entity having jurisdiction over the road or highway.
In the case of any State road or highway or intersection thereof, a written permit shall be obtained from the Department of Transportation in accordance with the provisions of N.J.A.C. 16:40-1 et seq.
In the case of any County road or highway or intersection thereof, a written permit shall be obtained from the Monmouth County Board of Chosen Freeholders in accordance with rules and regulations established by it.
Solicitation shall be subject to the specific terms and conditions of the permit granted by the County or State. The State or County permit, as applicable, shall be in the possession of the solicitor during all times of solicitation and be available for inspection by local, County and State law enforcement officers.
[Ord. No. 1754-98 § 2]
The following rules and regulations shall apply to charitable organizations soliciting under the terms of this section:
a. 
Charitable organizations shall solicit only for charitable purposes.
b. 
Solicitations shall be permitted only at signalized intersections or when an existing traffic control device causes temporary interruption in the flow of normal traffic, such as at the opening of a movable bridge.
c. 
Each person soliciting charitable contributions on behalf of a charitable organization shall be at least 18 years old.
d. 
Solicitation is encouraged to be off the traveled way.
e. 
Solicitors shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease when traffic is moving. The use of flagmen is prohibited.
f. 
Solicitation shall only be permitted during daylight hours. State, County, local law enforcement officers or representatives of the Department of Transportation may suspend solicitation operations at any time if any condition of the permit is violated, or, if in the law enforcement officer's or the Department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.
g. 
Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol while soliciting.
h. 
Solicitors shall not harass the public.
i. 
All solicitors shall wear safety vests that are in accordance with Department of Transportation standards.
j. 
Parking of vehicles shall comply with applicable traffic regulations.
k. 
Solicitors shall not install any traffic control devices.
l. 
Signs advertising the roadway solicitation are permitted, provided the signs are of a temporary construction and breakaway to the extent possible. Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards contained in the Manual of Uniform Traffic Control Devices, 1988, or superseding issue.
At least two warning signs shall be placed as follows:
1. 
"CHARITABLE SOLICITATIONS 500 FEET AHEAD"
2. 
The second sign following shall identify the name of the charitable organization.
Signs shall not be permitted in the traveled way or in medians less than eight feet in width. All signs warning, noticing or advertising a solicitation shall be removed immediately following the solicitation event.
m. 
The charitable organization shall be responsible for cleaning up any debris from the right-of-way.
[Ord. No. 1754-98 § 3]
If the charitable solicitation is proposed at the intersection of a State and County highway, the charitable organization must obtain written approval from both the Department of Transportation and the Monmouth County Board of Chosen Freeholders.
[Ord. No. 1754-98 § 4]
If the charitable solicitation is proposed at the border of Manasquan and any other municipality, the charitable organization must obtain approval for the solicitation from the adjoining municipality.
[Ord. No. 1754-98 § 5]
A copy of the application form filed with the Department of Transportation or the Monmouth County Board of Chosen Freeholders shall be filed with the Municipal Clerk, and shall specify the location, date, duration and times of the proposed charitable solicitation. One application form may cover multiple dates during the same calendar year.
[Ord. No. 1754-98 § 6]
The Municipality shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of a charitable organization soliciting charitable donations.
[Ord. No. 1848-01 § 1]
a. 
No person shall operate or cause to be operated a skateboard on streets, roadways, curbs and sidewalks adjacent to streets and roadways, and public or quasi-public areas, including but not limited to walkways, sidewalks, driveways, promenades and plazas on private property adjacent to the streets and roadways described below:
Name of Street
Sides
Location
Main Street
Both
From a point 351 feet west of South Street to Wycoff Avenue
Abe Voorhees Drive (Old Squan Plaza)
Both
Entire length
V. Miller Preston Way
Both
Entire length
South Street
Both
From Main Street to Abe Voorhees Drive
Broad Street
Both
From Main Street to Beams Terrace
Pearce Avenue
Both
From Main Street to a point 217 feet north of Main Street
Parker Avenue
Both
From Main Street to a point 156 feet north of Main Street
b. 
No person shall operate or cause to be operated a skateboard in a reckless or hazardous fashion or in a manner creating interference with pedestrian traffic.
c. 
No person operating a skateboard shall hold onto a motor vehicle or bicycle while such motor vehicle or bicycle is in motion.
[Ord. No. 1968-05 § 2]
No person over the age of 18 who has been convicted of a violation of any crime against a minor as set forth in N.J.S.A. 2C:7-1 et seq., and who as a result of such conviction is required to register with certain governmental authorities pursuant to N.J.S.A. 2C:7-1 et seq. shall be permitted to reside or live within 1,000 feet of any school, park, playground, beach, library, church, children's recreation center, day-care center or any municipally owned property within the Borough of Manasquan.
[Ord. No. 1968-05 § 3]
A person who resides or lives within 1,000 feet of any school, park, playground, beach, library, church, children's recreation center, day-care center or any municipally owned property within the Borough of Manasquan shall have 60 days from receipt of written notice of this prohibition to relocate their residence. Failure to move to a location which is in compliance with this section within such sixty-day period shall constitute a violation of this section.
[Ord. No. 1968-05 § 4]
This section shall not apply to any person who has established residence in the Borough of Manasquan prior to January 1, 2006.
[Ord. No. 1968-05 § 5]
Any violation of this section shall be punishable in accordance with the provisions of Section 1-5, General Penalty, of Chapter 1, General Provisions, of the Code of the Borough of Manasquan.
[Ord. No. 1984-06 § 1]
The Borough of Manasquan desires to amend and supplement the Municipal Code in respect to alcohol related games and contests.
Manasquan is a family community and a popular tourist destination for families, and is visited each summer by thousands of families with children, most of whom either park in residential neighborhoods to walk to the beach, or to attend events in the community, or to visit friends or relatives.
Municipal officials, residents, and the local/regional/and state newspapers have taken notice of the increasing frequency of occasions on which occupants of summer rental properties in the community have begun engaging in games and contests on their lawns and porches that involve as an element of the game or contest the consumption or use of alcoholic beverages, such as 'Beer Pong' and chugging contests.
The Mayor and Council find that the playing of such outdoor alcohol related games and contests in full view can expose these families and their impressionable children to foul language, excessive noise, rowdy and disorderly behavior and to examples of consumption of alcohol under circumstances that are detrimental and to which they ought not to be exposed, and that can adversely affect the health, safety and welfare of these children, their families and the general public.
[Ord. No. 1984-06 § 2]
No game or contest that involves, as an element of the said game or contest, the consumption or use of an alcoholic beverage shall be permitted, performed or engaged outside of a house, building or other structure in a location and/or manner that participants in such game or contest can be viewed from a public street, public sidewalk, public walkway or other public thoroughfare.
[Ord. No. 1984-06 § 3]
Violators of any provision of this section shall be subject to the provisions of Section 1-5, General Penalty, of Chapter 1, General Provisions, of the Municipal Code.
[Ord. No. 2051-09 § 3]
The word person as used herein shall include the singular and plural and shall also mean and include any person, firm, corporation, association, club, partnership, society, or any other form of association or organization known as "group rentals.
[Ord. No. 2051-09 § 3]
It shall be unlawful for any person to make, cause, suffer or permit to be made or to be continued any behavior or loud, unnecessary or unusual noise or any noise or act which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any other person within the corporate limits of the Borough of Manasquan. Such conduct shall be considered a nuisance.
[Ord. No. 2051-09 § 3]
The following acts, among others, are declared to be nuisances in violation of this section, when the noise emanating from such acts is clearly audible from at least 100 feet from the actor, source, or device, within the corporate limits of the Borough of Manasquan. The enumeration shall not be deemed to be exclusive:
a. 
Radios, Stereos, Etc. The playing of any radio, television, stereo, musical instrument or other machine or device for the production or reproduction of sound, in such a manner or in such volume, as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other types of residence or to disturb the peace, quiet and comfort of the neighboring inhabitants or to play or operate the same with louder volume than is necessary for convenient hearing of the person or persons who are in the room, chamber, or venue in which said machine or device is operated and who are voluntary listeners thereto.
b. 
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing on the public streets or yelling, shouting, hooting, whistling or singing at any other place, whether public or private, in such a manner and in such volume and intensity to disturb the peace and quiet of the neighborhood, so as to annoy or disturb the quiet, comfort or repose of persons in any office or dwelling, hotel or any other type of residence or of any persons in the vicinity.
c. 
The shouting of peddlers, hawkers and vendors, in such a manner and in such volume and intensity to disturb the peace and quiet of the neighborhood, so as to annoy or disturb the quiet, comfort or repose of persons in any office or dwelling, hotel or any other type of residence or of any persons in the vicinity.
d. 
Loudspeakers and Amplifiers for Advertising. The use, operation, or permitting the playing, use or operation of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building, structure, store or establishment.
e. 
Construction. The operation of any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets or appurtenances thereto, in residential or commercial land use categories on weekdays between the hours of 6:00 p.m. and 8:00 a.m. the following day, or between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning and on legal holidays, except in the case of urgent necessity in the interest of public health and safety and then only with permission from Mayor and Council.
f. 
Landscaping Equipment. The operation of power mowers and power tools used in landscaping outdoors between the hours of 8:00 p.m. and 8:00 a.m. the following day.
g. 
Loading Operations. Loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage cans or similar objects between the hours of 6:00 p.m. and 6:00 a.m. the following day, in such a manner as to annoy or disturb the quiet, comfort or repose of persons in any office or dwelling, hotel or any other type of residence or of any persons in the vicinity.
h. 
Refuse Compacting Vehicles. Operating or permitting the operation of any motor vehicle which can compact refuse, and which creates, during the compacting cycle a disturbing noise between 6:00 p.m. and 6:00 a.m. the following day in residential use districts.
i. 
Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to annoy or disturb the quiet, comfort or repose of persons in any office or dwelling, hotel or any other type of residence or of any persons in the vicinity.
j. 
Standing Motor Vehicles. Operating or permitting the operation of a motor vehicle whose gross motor vehicle weight is in excess of 10,000 pounds or any attached auxiliary equipment for a period longer than three minutes in any hour while such vehicle is stationary on a public right- of-way in a residential district, or is on private property in a residential or commercial zone and is not within a completely enclosed structure.
k. 
Bells and Alarms. The sounding or permitting the sound of any exterior building alarm on any building or motor vehicle unless such burglar alarm shall terminate its operation within 15 minutes of its being activated.
l. 
Horns, Signal Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or any other vehicle on any street or public place of the Borough of Manasquan, except as a danger warning; the creation by means of any horn or signaling device of any unreasonably loud or harsh sound; or the sounding of any said horn or signaling device for any unnecessary and unreasonable period of time; or the use of said horn or signaling device when traffic is for any reason held up; or the use of any horn, whistle or device operated by engine exhaust.
m. 
The keeping of any animal or bird, which shall emit frequent or long- continued noises.
[Ord. No. 2051-09 § 3]
The hours referred to in this section shall be prevailing time, i.e. either Eastern Standard Time or Eastern Daylight Saving Time.
[Ord. No. 2051-09 § 3]
This section is intended to apply and to bind the owners, tenants, occupants, guests and all other persons as heretofore defined within the corporate limits of the Borough of Manasquan. This section shall not apply to representatives and employees of the Borough of Manasquan performing tasks on official business of the Borough of Manasquan, or for specific activities authorized by Mayor and Council.
[Ord. No. 2051-09 § 3]
It shall be the duty of the Police Department and the Code Enforcement Department of the Borough of Manasquan to determine whether or not this section has been and is being complied with and to enforce the provisions of this section against any person violating the same.
[Ord. No. 2051-09 § 3; Ord. No. 2181-15; Ord. No. 2185-15]
Any Police Officer or Code Enforcement Officer of the Borough of Manasquan or any taxpayer or resident of the Borough may make a complaint in Municipal Court of the Borough of Manasquan for any violations of this section or any subsection, paragraph or provision thereof. Upon conviction for each and every violation, the person committing, taking part in or assisting in such violation or violations shall be liable for a minimum fine of $450 and a maximum fine of $2,000.