[Ord. No. 271 § A1]
a.
The purpose of this section is to act as a supplement to the New
Jersey Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.) and all
provisions hereof shall be construed accordingly.
b.
The provisions of this section shall be construed so as to protect
the peace, order, health, safety, general welfare and good order of
the Borough of Mantoloking and the inhabitants thereof.
c.
The provisions of this section are adopted pursuant to the powers
granted to the Borough of Mantoloking by N.J.S.A. 40:48-1, N.J.S.A.
40:48-2, and other statutes granting police power to the Borough and
shall be construed accordingly.
d.
Except to the extent specifically set forth herein, neither specific
intent nor knowledge shall be construed as elements of any offense
defined under the provisions of this section.
e.
In the event that an activity or condition proscribed herein shall
be the subject of any other ordinance of the Borough of Mantoloking,
the two (2) sections shall be construed together, and the provisions
of this section shall be deemed to be in addition to the regulations
otherwise provided, and as providing an additional remedy, unless
another construction is clearly indicated.
f.
If any section or part of section or paragraph of the section is
declared invalid or unconstitutional, it shall not be held to invalidate,
or impair the validity, force or effect of any other section, or part
of a section or paragraph of this Ordinance.
g.
The subsections of this section and the provisions of each section,
where divisible, shall be construed as separate, and if any section
or part thereof shall be declared invalid, such adjudication shall
not affect the validity of any other section or the divisible part
of any section.
h.
All references to the Statutes and Administrative Code of New Jersey
and other Borough Ordinances shall include any amendments in effect
as of the date any violation is committed.
[Ord. No. 271 § A2]
a.
PERSONS
BOROUGH
Unless otherwise provided herein, the following definitions shall
apply to all provisions of this section:
Shall include natural persons, corporations, partnerships,
unincorporated associations, individuals and other entities of a similar
nature.
Shall mean the Borough of Mantoloking, in the County of Ocean
and State of New Jersey, and all agencies, officers and subdivisions
thereof, as the same may be required.
b.
The singular shall include the plural.
c.
The masculine shall include the feminine or neuter.
[Ord. No. 271 § AIII; Ord. No. 482 § 1; Ord. No. 483 § 1]
a.
General Prohibitions. It shall be unlawful for any person to make,
continue, or cause to be made or continued any excessive, unusually
loud, or unnecessary noise, or to create a noise disturbance within
the limits of the Borough.
b.
Specific Prohibitions. The following acts, among others, are declared
to be loud, disturbing, or excessive noise in violation of this section,
but said enumeration shall not be deemed to be exclusive, namely:
1.
Horns and Signaling Devices. The sounding of any horn or signaling
device on any motor vehicle on any public right-of-way, except as
a danger warning signal or as provided in the vehicle code of the
State of New Jersey, N.J.S.A. 39:1 et seq.
2.
Radios, Television Sets and Similar Devices.
(a)
Operating or permitting the use or operation of any radio receiving
set, musical instrument, television, phonograph, drum or other device
for the production or reproduction of sound, in such a manner as to
cause a noise disturbance; or
(b)
Operating any such device between the hours of 10:00 p.m. and
8:00 a.m. the following day in such a manner as to be plainly audible
across real property boundaries or through partitions common to two
(2) parties within a building or plainly audible at fifty (50) feet
from such device when operated within a motor vehicle parked on a
public right-of-way or on a public space, or within a motorboat.
3.
Exterior or Interior Loudspeakers. Using or operating any mechanical
device or loudspeaker in a fixed or movable position interior or exterior
to any building, or mounted upon any aircraft, motor vehicle or motorboat
such that the sound therefrom is plainly audible at or beyond the
property boundary of the source, or on a public way between the hours
of 10:00 p.m. and 8:00 a.m. the following day.
4.
Animals.[1] Owning, keeping, possessing, or harboring any animal or
animals which, by frequent or habitual howling, barking, meowing,
squawking, or other noise-making, cause a noise disturbance. The provisions
of the subsection shall also apply to all private or public facilities,
including any animal pounds, which hold or treat animals.
5.
Loading Operations. Loading, unloading, opening or otherwise loading
boxes, crates, containers, lumber, and similar materials as well as
garbage cans, or other similar objects between the hours of 6:00 p.m.
and 8:00 a.m. the following day in such a manner as to cause noise
disturbance. This includes manual operation as well as such operation
by use of mechanical device, forklift truck, hydraulic lift or similar
device.
6.
Construction Noise. Operating or causing to be operated any equipment
used in commercial construction, repair, alteration or demolition
work on building, structures, streets, alleys or appurtenances thereto,
in residential or commercial land use categories between the hours
of 6:00 p.m. and 8:00 a.m. the following day on weekdays, between
6:00 p.m. Saturday night and 8:00 a.m. Monday morning and on legal
holidays. This shall include but not be limited to cranes, bulldozers,
backhoes, front end loaders, trucks and dumptrucks, commercial saws,
jackhammers, nail guns and other similar construction equipment.
7.
Commercial construction activities of any nature whatsoever shall
not be permitted on:
New Year's Day;
Memorial Day;
July 4th;
Labor Day;
Thanksgiving Day;
Christmas Day;
Or on any Sunday. During the period from June 15th to September
15th, no commercial construction activity, of any nature whatsoever
shall be permitted on Saturday. Commercial landscape maintenance activity
shall be permitted until 12:00 noon on Saturday, upon the condition
that vehicles or equipment associated with the activity shall not
be parked upon public roads.
8.
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 cause a noise disturbance.
9.
Power Equipment. Using any power tool between the hours of 6:00 p.m.
and 8:00 a.m. the following day. This shall include but not be limited
to lawn mowers, edge trimmers, leaf blowers, chain saws, power saws,
electric drills and similar tools. Nothing in this section shall prohibit
the use of such tools indoors or in such other fashion so that any
sound created is not plainly audible beyond the property boundary.
c.
Noise Disturbance. For purposes of this section, a noise disturbance shall include any sound in excess of the standards set forth in N.J.A.C. 7.29-1.2. However, for purposes of this section, the sources of noise described in N.J.A.C. 7:29-1.2(a) and (b) shall also include a residence. All measurements shall be made in accordance with the standards set forth in N.J.A.C. chapters 7:29 and 7:29B.
[Ord. No. 271 § AIV]
a.
Fires. No person shall set fire to any weeds, brush, tree branches,
garbage, debris, refuse or trash or similar items, wherever situated,
nor shall any person enter upon any public place designated for the
disposal of trash or garbage for the purpose of setting fire in, upon
or near the premises.
b.
Smoke and Odors.
1.
Prohibited Activities. No person shall:
(a)
Permit, suffer, allow or cause to be emitted vile, obnoxious
or nauseating odors or any odor which may be vile, offensive, obnoxious
or nauseating to any person of ordinary sensibilities.
(b)
Permit, suffer, allow or cause to be emitted any fumes, gasses,
vapors, steam or other substance of such nature or quantity as to
be injurious to life, healthy plants, trees, animals, crops, buildings
or other property or which might tend to annoy or alarm a person of
ordinary sensibilities.
(c)
Permit, allow or cause to be emitted any dense smoke which contains
carbon, soot, fly ash or other substances in sufficient quantities
as to cause or permit the deposit of such carbon, soot, fly ash or
other substances on any surface.
2.
For purposes of this section, a violation shall be deemed to occur
when such odor, fumes, gasses, vapors, steam, smoke or other substances
escape into the air or beyond the confines of the premises emitting
the same or within a structure to which the public is admitted. The
duration of density of the emissions shall not be determinative of
whether a violation has occurred, but may be considered by the court
in the fixing of a penalty.
c.
Public Nudity and Disrobing.[1]
1.
Public Nudity. No person shall:
(a)
Appear or travel on any street, avenue, highway, road, beach,
beachfront or waterway located in the Borough of Mantoloking, or to
appear in any public place, store, or business in said Borough in
a state of nudity. A person shall be found in a state of nudity when
his clothing or absence of clothing completely exposes to public view
a person's anus, genitals, pubic area or female breasts.
(b)
Swim or bathe in a nude or partially nude state in any waters
of or immediately bounding the Borough.
2.
Disrobing. No person shall:
(a)
Undress or change his clothes or don beach or wearing apparel
in any automobile, truck or other vehicle, located on any public or
private highway, road or street, or any public or private lot or premises,
in the Borough.
(b)
Undress or change his clothes or don beach or wearing apparel
in the open on any public or private highway, road or street, or any
public or private lot or premises, in the Borough.
3.
For purposes of this section, the term "public place" shall not be
construed to refer to any private structure, whether open to the public
or otherwise, so long as the activities therein are screened from
the view of persons passing the same on the street.
d.
Urinating in Public. No person shall urinate on any street, avenue,
highway, road, beach, beachfront or waterway, or in any other public
place or in any other place open to and used by the public or outdoors
upon any private property in the Borough, except in public rest rooms
provided for that purpose.
e.
Sleeping in Motor Vehicles. No person shall at any time use any automobile,
truck or other vehicle, located on any public or private highway,
road or street, or any public or private lot or premises in the Borough
for sleeping or living purposes.
f.
Possession of Open Container or Public Consumption of Alcoholic Beverage.
1.
It shall be unlawful for any person to possess an open container
of or to consume any alcoholic beverage on any:
2.
It shall be a defense to a charge of violating paragraph f1 of this
subsection hereof if the actor established that his or her possession
was consistent with a validly issued permit or license, if the same
is available, to possess or consume alcoholic beverages in or on a
public conveyance, public place or public assembly at a designated
time or times in connection with a special event or series of events
or observance which has been authorized by the Mayor and Council.
However, nothing in this paragraph shall be construed as giving permission
or license to consume or possess alcoholic beverages in violation
of N.J.S.A. 2C:33-15, N.J.S.A. 39:4-51(a) or any other criminal or
motor vehicle law of the State of New Jersey.
g.
Police Orders. No person in this Borough shall attempt to flee from
or evade on foot or any other manner any Police Officer or any person
duly empowered with Police authority while in the discharge or apparent
discharge of his duty.
h.
Cannabis
Consumption.
[Added 5-18-2021 by Ord. No. 723]
1.
CANNABIS ITEM
INDOOR PUBLIC PLACE
Definitions. As used in this section:
Any item available for lawful consumption pursuant to the
NJ Cannabis regulatory enforcement assistance and marketplace modernization
act.
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
State or by a county or municipal government; theater or concert hall;
public library; museum or art gallery; bar; restaurant or other establishment
where the principal business is the sale of food for consumption on
the premises, including the bar area of the establishment; garage
or parking facility; any public conveyance operated on land or water,
or in the air, and passenger waiting rooms and platform areas in any
stations or terminals thereof; health care facility; patient waiting
room of the office of a health care provider; child care center; race
track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; apartment building lobby or
other public area in an otherwise private building; or a passenger
elevator in a building other than a single-family dwelling.
2.
Consumption of cannabis items in a public place unlawful. It is unlawful
for any person over the age of 21 to consume, other than by smoking,
vaping, or aerosolizing, any cannabis item in a public place, including
any indoor public place, other than school property, or when not prohibited
by the owner or person responsible for the operation of the public
place.
[Ord. No. 271 § A12]
a.
Any and all violations of this section shall be enforced in the Municipal
Court of the Borough or such alternative locations as may be determined
by the Court.
b.
Any and all fines imposed and collected under any by virtue of the
provisions of this section shall be paid to the treasury of the Borough.
c.
Any complaint for a violation of this section may be made by the
Borough, or any officer, agent or employee thereof; any Police Officer;
or any private citizen having personal knowledge or information concerning
same.
[Ord. No. 271 § A3;
New]
[Ord. No. 207 § A1]
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 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 of 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 the 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 Borough; 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 putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
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 any newspaper of general circulation as defined
by general law, any newspaper duly entered with the Post Office Department
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 (4) 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.
Shall mean a park, reservation, playground, beach, recreation
center or any other public area in the Borough, owned or used by the
Borough 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,
stops, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Shall mean a litter storage and collection receptacle as
required.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings. The word "streets" as used herein shall include
any and all portions thereof, including but not limited to paved and
unpaved areas, gutters, storm drains and other appurtenant facilities.
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 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 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.
[Ord. No. 207 § A2]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection.
[Ord. No. 207 § A3]
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.
[Ord. No. 207 § A4]
No person shall sweep into or deposit in any gutter, street
or other public 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 property shall keep the sidewalk
in front of their premises free of litter.
[Ord. No. 207 § A5]
No person shall throw or deposit litter in any park or public
place within the Borough 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 street or other public place. Where public
receptacles are not provided, all such litter shall be carried away
by the person responsible for its presence and properly disposed of
elsewhere as provided herein.
[Ord. No. 207 § A6]
No person shall throw or deposit litter in the bay or ocean.
[Ord. No. 207 § A12]
No person in an aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
[Ord. No. 207 § A13]
No person shall post or affix any notice, poster or other paper
or device which is calculated to attract the attention of the public
to any lamppost, public utility pole or shade tree, or upon any public
structure or building, except as may be authorized or required by
law.
[Ord. No. 207 § A14]
No person shall throw or deposit litter on any occupied private
property within the Borough, whether owned by such 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.
[Ord. No. 207 § A15]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. No. 207 § A16]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. No. 207A § 17]
a.
Notice To Remove. The Municipal Clerk is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the Borough or the agent of such owner to properly dispose of litter
located on such owner's property which is dangerous to public health,
safety or welfare. Such notice shall be by Registered Mail, addressed
to the owner at his last known address.
b.
Action Upon Non-Compliance. Upon the failure, neglect, or refusal
of any owner or agent who has been notified to properly dispose of
litter dangerous to the public health, safety or welfare within fifteen
(15) days after receipt of the written notice provided for in paragraph
a above, or within thirty (30) days after the date of such notice,
in the event the same is returned to the Borough Post Office Department
because of its inability to make delivery thereof, provided the same
was properly addressed to the last known address of such owner, or
agent, the Municipal Clerk is hereby authorized and empowered to pay
for the disposing of such litter or to order its disposal by the Borough.
c.
Charge Included In Tax Bill. When the Borough has effected the removal
of such dangerous litter or has paid for its removal, the actual cost
thereof plus accrued interest at the then highest maximum rate allowed
by law from the date of completion of the work shall be charged to
the owner of such property on the next regular tax bill forwarded
to such owner by the Borough, and the charge shall be due and payable
by the owner at the time as payment of such bill.
d.
Recorded Statement Constitutes Lien. Where the amount due the Borough
is not paid by the owner within thirty (30) days after the disposal
of the litter the Municipal Clerk shall file with the Tax Collector
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 filing of such sworn statement shall constitute
a lien on the property and the lien shall remain in full force and
effect for the amount due in principal and interest, plus costs of
court, if any, for collection, until final payment has been made.
The costs and expenses shall be collected in the manner fixed by law
for the collection of taxes and, further, shall be subject to a delinquent
penalty equivalent to penalties imposed by the Tax Collector for the
nonpayment of taxes in the event same is not paid in full on or before
the date the tax bill upon which the charge appears 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,
and shall be full notice to every person concerned that the amount
of the statement, plus interest, constitutes a charge against the
property designated or described in the statement and that the same
is due and collectible as provided by law.
[Ord. No. 218 § 19; Ord. No. 218 § 3]
[Ord. No. 49 § 1; Ord. No. 79 § 1]
No person shall fire or discharge any shotgun, rifle, pistol,
or any firearms in the Borough at any time except for preservation
of life, person or property, or except with the written permission
of the Mayor or a Police official of the Borough.
[New]
[Ord. No. 146 § 1]
All persons residing within the Borough for more than twenty-one
(21) days shall not operate bicycles or allow others to operate bicycles
owned, furnished or provided by them, upon the public streets, ways
and sidewalks, within the Borough unless the bicycle is permanently
registered with the Mantoloking Police Department.
[Ord. No. 146 § 2]
The assigned permanent registration number decal supplied shall
be immediately affixed to the bicycle by the issuing Officer in a
manner and location so as to be readily visible. The number decal
shall not be transferred to any other bicycle.
[Ord. No. 146 § 3]
A registered bicycle shall not be operated in the Borough unless
the assigned number decal is conspicuously displayed. Loss, destruction
or obliteration of the decal shall be immediately reported to the
Police Department by the owner or person having custody of the bicycle.
No person, without permission of the Mantoloking Police Department,
shall willfully remove, alter or render illegible the number decal
assigned to a registered bicycle.
[Ord. No. 146 § 4]
Any change of ownership, loss, destruction or theft of a registered
bicycle will be reported to the Mantoloking Police Department within
twenty-four (24) hours by the registered owner or person having custody
thereof.
[Ord. No. 146 § 5]
Operation, by any person within the public streets, ways and
sidewalks of an unregistered bicycle which is subject to registration
according to the terms of this section shall be in violation by the
operator.
[Ord. No. 146 § 6]
Any person violating any of the provisions of this section shall,
upon conviction, be subject to a fine not exceeding ten ($10.00) dollars
for the first violation thereof, and a fine not exceeding twenty-five
($25.00) dollars for any second or subsequent violation.
[Ord. No. 504 § I]
The purpose of this section is to establish requirements to
control littering in the Borough so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 504 § II]
As used in this section:
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material of any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. No. 504 § III]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property not
owned or occupied by the person other than in a litter receptacle,
or having done so, to allow such litter to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 504 § IV]
This section shall be enforced by the Police Department of the
Borough of Mantoloking.
[Ord. No. 504 § V]
Any person who is found to be in violation of the provisions
of this section, upon conviction shall be subject to a fine of not
less than twenty-five ($25.00) dollars or more than one hundred ($100.00)
dollars.
[Ord. No. XXXII § 12]
No person shall willfully drive any vehicle over any hose or
into any apparatus belonging to the Fire Company, or in any way interfere
with the Fire Company in its handling of the apparatus or while performing
its duties.
[Ord. No. XXXII § 13]
No person shall willfully raise any false alarm of fire.
[Ord. No. XXXII § 14]
No person shall interfere with the Fire Company while in the
performance of its duties.
[Ord. No. 692-2019]
a.
Purpose.
Telephone directories are distributed to individual homeowners by
the incumbent local exchange carrier, pursuant to regulations adopted
by the Board of Public Utilities. Many of the residents of the Borough
of Mantoloking are not full-time residents and are unable to receive
their directory when it is delivered, leaving the directories vulnerable
to the elements creating a rubbish and safety hazard. This section
requires the carrier to deposit all of the directories for the customers
in Mantoloking at a protected central location, so that residents
may retrieve intact directories, and the directories are destroyed
by the elements before they can be received by the homeowners.
b.
Telephone
directories that are required to be published and distributed to all
customers within a service area pursuant to N.J.A.C. 14-10-1A.4 shall
not be delivered door-to-door, but shall be delivered in bulk to the
Borough Department of Public Works for retrieval by the individual
homeowners.
[Added 5-18-2021 by Ord.
No. 723]
As used in this section, the following terms shall have the
meanings indicated:
Any item available for lawful consumption pursuant to the
NJ Cannabis regulatory enforcement assistance and marketplace modernization
act.
A person who has qualified as a guardian of the underage
person pursuant to a testamentary or court appointment.
The underage person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
[Added 5-18-2021 by Ord.
No. 723]
It is unlawful for any person under the legal age to, without
legal authority, knowingly possess or knowingly consume an alcoholic
beverage or a cannabis item, other than by smoking, vaping or aerosolizing,
on private property.
[Added 5-18-2021 by Ord.
No. 723]
a.
Any person found guilty of violating the terms of this section involving
alcoholic beverage activity shall, in the case of an adult under the
legal age to purchase an alcoholic beverage, be subject to a fine
of $250 for a first offense and a fine of $350 for any subsequent
offense.
b.
For a violation involving cannabis activity, in the case of an adult
under the legal age to purchase cannabis items, shall be punished
as follows:
c.
In addition, the Court may, upon a finding of guilt, in addition
to the fine authorized for this offense, suspend or postpone for six
months the driving privileges 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 New
Jersey Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to this section. If a person at the time of 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 the defendant at the time of the imposition
of the sentence has a valid driver's license issued by this state,
the court shall immediately collect the license and forward it to
the Commission 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.
d.
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. The defendant 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 the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
e.
If the person convicted under this section is not a New Jersey resident,
the Court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit to the Motor Vehicle Commission 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 Motor Vehicle
Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[Added 5-18-2021 by Ord.
No. 723]
a.
This section shall not prohibit an underage 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.
b.
This section shall not prohibit the possession of alcoholic beverages
by any underage person while actually engaged in the performance of
employment by a person who was licensed under Title 33 of the revised
statutes or while actively engaged in the preparation of food while
enrolled in a culinary arts or hotel management program at a county
vocational school or post-secondary educational institution; however,
this article shall not be construed to preclude the imposition of
a penalty under this section, N.J.S.A. 33:1-81, or any other section
of law against a person who is convicted of unlawful alcoholic beverage
activity on or at premises licensed for the sale of alcoholic beverages.
[Added 5-18-2021 by Ord.
No. 723]
a.
An underage person and one or two other persons, if applicable, shall
be immune from prosecution under this chapter prohibiting any person
under the legal age who, without legal authority, knowingly possesses
or knowingly consumes an alcoholic beverage or cannabis item on private
property if:
1.
One of the underage persons called 911 and reported that another
underage person was in need of medical assistance due to alcohol consumption
or the consumption of a cannabis item;
2.
The underage person who called 911 and, if applicable, one or two
other persons acting in concert with the underage person who called
911 provided each of their names to the 911 operator;
3.
The underage person was the first person to make the 911 report;
and
4.
The underage person and, if applicable, one or two other persons
acting in concert with the underage person who made the 911 call remained
on the scene with the person under the legal age in need of medical
assistance until assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
b.
The underage person who received medical assistance as provided in
paragraph a above shall also be immune from prosecution under this
section prohibiting the possession or consumption of an alcoholic
beverage on private property.
