[1982 Code § 169-1; Ord. #333]
It is hereby determined and declared that the placing, abandonment,
leaving, keeping or storage out-of-doors of any motor vehicle not
currently in use for transportation and not licensed for the current
license year or any other unused machinery or equipment on public
or private lands in the Borough is contrary and inimical to the public
welfare in that such articles so placed, abandoned, left, kept or
stored attract or may attract persons of tender years who, being so
attracted, may play in and about them and be injured in so doing,
and in that such articles so placed, abandoned, left, kept or stored
out-of-doors, exposed to the elements deteriorate and in themselves
are unsightly and, deteriorating, become more unsightly and are detrimental
to and depreciate the value of properties in the neighborhood where
they are located and in the Borough as a whole.
[New]
This section is adopted for the preservation of the public health,
welfare and safety in that old or deteriorating vehicles, machinery
and other junk are not merely unsightly but are attractive to young
children who may be injured when playing in the neighborhood, and
also breed disease when becoming infested with vermin and trapping
foul water. It is the objective of this section to remove the causes
of such effects.
[1982 Code § 169-2; Ord. #333]
As used in this section:
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any real property within the Borough which is
not a street or highway.
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
Shall mean a machine propelled by power other than human
power, designed to travel along the ground by use of wheels, treads,
runners or slides and transport persons or property or pull machinery,
and includes, without limitation automobile, truck, trailer, motorcycle,
tractor, buggy, wagon, boat and aircraft.
[1982 Code § 169-3; Ord. #333; New]
a.
Storage Restrictions. No person shall place, abandon or leave, keep or store, or suffer or permit the placing, abandoning, leaving, keeping or storage of, any article described in subsection 4-1.1 out-of-doors upon any public or private land in the Borough or between the right-of-way side lines of any street or public highway. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such article in an enclosed garage, barn or other building.
b.
Exceptions. Vehicles with historic significance, such as sleds, wagons
or antique motor vehicles may be displayed for historic, ornamental
or decorative purposes on private property if kept in good condition
for display, and the surrounding area is properly maintained. To qualify
for display as having "historic significance", a vehicle must be at
least 50 years old and not present an eyesore to the neighborhood.
[1982 Code § 169-4; Ord. #333]
If any article described in subsection 4-1.1 shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner, tenant or occupant in possession of this land left, placed, kept or stored it here or permitted or suffered it to be left, placed, kept or stored there.
[1982 Code § 169-5; Ord. #333]
Whenever it shall appear to any member of the Police Department of the Borough that subsection 4-1.1 is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner, tenant or occupant in possession of the land on which the violation exists to abate the violation by removing the article or articles constituting the violation from the Borough or into an enclosed garage, barn or other building within 10 days of the service of the notice, which notice shall be served upon such owner, tenant or occupant, if he resides in the Borough, personally, or by leaving it at his usual place of abode with some member of his household over the age of 14 years; but if any such owner, tenant or occupant shall reside outside the Borough, the notice shall be served upon him by registered or certified mail addressed to him at his usual residence if ascertainable, otherwise by notice published in the newspaper in which the legal notices of the Borough may be published, and the owner, tenant or occupant shall so abate the violation within the time fixed by the notice.
[1982 Code § 169-6; Ord. #333]
a.
Whenever it shall appear to any member of the Police Department that subsection 4-1.1 is being violated and that the violation exists on public lands or between the right-of-way side lines of any public street or public highway he shall:
1.
Determine whether any article constituting the violation constitutes
or may constitute a traffic hazard, and if so, he shall move it or
cause it to be moved to a nonhazardous location or into an enclosed
storage place.
2.
Shall ascertain, if he can, who is the owner of the article or articles and shall, in writing, notify such owner to abate the violation forthwith and in all events within 10 days after the service of the notice upon him, which notice shall be given as required in subsection 4-1.5.
3.
If an article constituting the violation constitutes or may constitute
a traffic hazard and it cannot be moved to a nonhazardous location
or if the name of the owner cannot be ascertained or if the violation
is not abated within the time required by the notice given under paragraph
a2 above.
(a)
Determine whether the article has a value in excess of the cost
of moving it to enclosed storage and the cost of storing it for three
months in the case of motor vehicles and for six months for all other
articles.
(b)
Unless the article appears to have a value clearly in excess
of such cost, he shall arrange, if he can, for the removal of it by
someone who will undertake that removal without cost to the Borough,
but otherwise he shall arrange for that removal at the expense of
the Borough to an authorized dump.
(c)
If the article appears to have a value clearly in excess of
the cost, he shall remove it or cause it to be removed at the expense
of the Borough to enclosed storage.
b.
If the article is removed under paragraph a1 or paragraph a3(b) or (c), the member of the Police Department shall, in the manner required by subsection 4-1.6 for service of notice thereunder, give notice to the owner of that removal and of the place to which the article has been removed and of the owner's right to reclaim it by paying the cost of removal and interim storage charges.
[1982 Code § 169-7; Ord. #333]
In the event the name and address of the owner of the vehicle
cannot be ascertained or if the owner has not caused the violation
to be abated within the time provided by the notice, the Police Department
may take possession of the article in the same manner and following
the same procedure as established by N.J.S.A. 12A:9-101 or as otherwise
may be provided by law.
[Ord. #92-810, § 1; Ord. #05-1172, § 1]
As used in this section:
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage and rubbish as defined herein and/or any
used or unconsumed substance or waste material which has been discarded
whether made of aluminum, glass, plastic, rubber, paper, or their
natural or synthetic material, or any combination thereof including,
but not limited to, any bottle, jar or can, or any top, cap, or detachable
tab of any bottle, jar or can, any unlighted cigarette, cigar, match
or any flaming or glowing material or any garbage, trash, refuse,
newspaper, 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 extracting processes,
logging, sawmilling, farming or manufacturing.
Shall mean a container suitable for the depositing of litter.
Shall mean a park, reservation, playground, recreation center
or any other public area within the Borough owned or used by the Borough
and devoted to active or passive recreation.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any dwelling, house, building, or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited, or temporarily or continuously uninhabited
or vacant and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling
house, building or other structure.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
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, road,
or other thoroughfare.
[Ord. #92-810, § 1]
No person may place refuse on any street, sidewalk, park or
other public place except in Borough litter receptacles or in plastic
bags or refuse containers in accordance with the provisions of this
section.
[Ord. #92-810, § 1]
No person may deposit refuse in any body of water within the
Borough or bordering the Borough.
[Ord. #92-810, § 1]
No person may place household refuse, construction or demolition
refuse or street dirt into Borough litter receptacles.
[Ord. #92-810, § 1]
No person shall burn any litter in any open place, whether public
or private or in any outside receptacle, incinerator or outdoor fireplace.
[Ord. #92-810, § 1]
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. No
person shall place any litter in public places for collection unless
such litter is securely wrapped or deposited in properly covered private
receptacles in such a manner as to prevent it being carried or deposited
by the elements upon any streets, sidewalks, other private places
or upon private property.
[Ord. #92-810, § 1]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality including sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service stations
refreshment areas; construction sites; gasoline service stations islands;
shopping centers, parking lots; and at special events to which the
public is invited, including sporting events, parades, carnivals,
circuses, and festivals. The proprietors of these places or the sponsors
of these events shall be responsible for providing and servicing the
receptacles such that adequate containerization is available. Litter
receptacle means a container suitable for the depositing of litter.
[Ord. #92-810, § 1]
No person while a driver or passenger in a vehicle shall throw
litter upon any street or other public place within the Borough or
upon private property.
[Ord. #92-810, § 1]
No person owning or occupying a place of business shall sweep
into or deposit in any gutter, street, sewer or other public place
within the Borough the accumulation of litter from any building or
lot from any public or private sidewalk or driveway. Persons owning
or occupying places of business within the Borough shall keep the
sidewalk in front of their business premises free of litter.
[Ord. #92-810, § 1]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded so as
to prevent any load or any of the contents of the load from being
blown or deposited upon any street, alley or other public place. No
person shall drive or move any vehicle or truck, the wheels or tires
of which carry onto or deposit in any street, alley, or other public
place, mud, dirt, sticky substances or foreign matter of any kind.
[Ord. #92-810, § 1]
No person shall throw or deposit in any park 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 part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere as provided herein.
[Ord. #92-810, § 1]
No person shall throw or deposit litter on any occupied private
property within the Borough, whether owned by such person or to, 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. #92-810, § 1]
It shall be unlawful for any person to discard or dump along
any street or road, on or off any right-of-way, any household or commercial
solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber
tires, appliances, furniture, or public or private property, except
by written consent of the owner of said property, in any place not
specifically designated for the purpose of solid waste storage or
disposal.
[Ord. #92-810, § 1]
The owner or person in control of any private property shall
at all times maintain the premises free of litter. Provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. #92-810, § 1]
No person shall throw or deposit litter on vacant public or
private property within the Borough whether owned by such person or
not.
[Ord. #92-810, § 1]
No person shall leave or abandon any shopping cart upon the
sidewalks, streets or roadways of the Borough.
[Ord. #92-810, § 1]
Any litter boxes or litter baskets which are now provided by
the Borough shall not be used by any person for the depositing of
garbage, rubbish or refuse therein.
[Ord. #92-810, § 1]
No person delivering merchandise to any residents or business
establishments in the Borough shall abandon any empty crates, cartons
or packages upon the sidewalks or streets of the Borough.
[Ord. #92-810, § 1]
If after notice of violation the owner or possessor of private
property or lands shall refuse or neglect to abate or remedy the condition
which constitutes a violation of this section, the municipality may
cause the condition to be abated and remedied. Upon the removal of
any materials prohibited to be stored or abandoned on lands by this
section by or under the direction of an appointed officer or officers
of this jurisdiction, in cases where the owner or possessor of the
land shall have refused or neglected to remove the materials within
five days of receiving a notice of violation, such officer shall certify
the cost thereof to the municipality, which shall examine the certificate,
and if found correct shall cause the cost as shown thereon to be charged
against said lands and will be added to and become and form part of
the taxes next to be assessed and levied upon said lands. The fines
shall bear interest at the same rate as real estate taxes and shall
be collected and enforced by the same officers and in the same manner
as real estate taxes.
[Ord. #92-810, § 1]
Nothing contained herein shall affect the right of the Borough
to abate nuisances or situations dangerous to the health and safety
of the public as otherwise provided by law.
[Ord. #05-1172, § 2]
The provisions of this section shall be enforced by complaint
signed by a member of the Department of Public Works, Code Enforcement
or Public Safety of the Borough of Tinton Falls.
[Ord. #05-1172, § 3]
[1982 Code § 126-1; Ord. #401; Ord. #09-1276]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which annoys or is likely to annoy or disturb the peace,
quiet or safety of others which is plainly audible, meaning any sound
that can be detected by a person using their unaided hearing faculties.
[1982 Code § 126-2; Ord. #401; Ord. #480; Ord.
#09-1276; Ord. #2013-1363]
a.
Without intending to limit the application of subsection 4-3.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
1.
Horns; Signaling Devices. The sounding of a horn or warning device
on an automobile, motorcycle, bus or other vehicle except when required
by law or when necessary to give timely warning of the approach of
the vehicle or as a warning of impending danger to the persons driving
other vehicles or to persons on the street. No person shall sound
a warning device on an automobile, motorcycle, bus or other vehicle
which emits an unreasonably loud or harsh sound or for an unnecessary
or unreasonable period of time.
2.
Radios; Televisions; Sound Amplification Devices. The playing, using,
operating or permitting of any of the foregoing, of any radio, television,
musical instrument, or other machine or device for the producing,
reproducing, receiving or amplification of sound that is plainly audible
from off the premises, adjoining properties or public spaces between
the hours of 11:00 p.m. and 8:00 a.m., or which is broadcast in such
manner so as to disturb the peace, quiet and comfort of the neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle, chamber or other
place or on which the machine is operated and who are voluntary listeners.
The operation of any such machine or device in such a manner as to
be plainly audible from off the premises, adjoining properties or
public spaces, on which it is located shall be prima facie evidence
of a violation of this subsection.
3.
Yelling; Shouting; Singing. Yelling, shouting, hooting, whistling
or singing that is plainly audible, between the hours of 11:00 p.m.
and 8:00 a.m., or at any time or place which annoys or disturbs the
quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
4.
Animals; Birds. The keeping of any animal or bird which, by causing
frequent or long-continued noise that is plainly audible from adjoining
properties or public spaces, which disturbs the comfort or repose
of any person in the vicinity.
5.
Exhausts. The discharge into the open air of the exhaust of any engine
or motor vehicle or stationary internal-combustion engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises.
6.
Defect in Vehicle or Load. The use of an automobile, motorcycle or
vehicle so out of repair or so loaded that it creates loud and unnecessary
grating, grinding, rattling or other noises.
7.
Construction or Repair. The carrying on of excavation, demolition,
construction, repair or alteration work other than between the hours
of 7:00 a.m. and 8:00 p.m. is prohibited. In case of urgent necessity
or in the interest of public health or safety, the Code Enforcement
Officer may grant a permit for excavation, demolition, repair or alteration
work for a period not to exceed three days, by the terms of which
permit such work may be carried on between 8:00 p.m. and 7:00 a.m.
8.
Schools; Courts; Churches; Hospitals; Municipal Offices. The creation
of excessive noise on a street adjacent to a school, institution of
learning, hospital, church, court or municipal offices which unreasonably
interferes with the working of the institution or which disturbs or
unduly annoys patients in the hospital, provided conspicuous signs
are displayed in the area indicating that a school, church, hospital
or municipal office is nearby.
9.
Loudspeakers; Amplifiers for Advertising Prohibited. The using or
permitting to be used of any device or amplifier for the producing
or reproducing of sound which is cast upon a public street for the
purpose of commercial advertising.
10.
Sound Trucks Prohibited. No person shall operate or cause to be operated,
any sound truck for commercial or non-commercial purposes in the Borough
with sound amplifying equipment in operation.
11.
Landscaping-Related Equipment. No person shall operate or cause to
be operated upon any property in a residential zone any landscaping
equipment, machinery, generators for nonemergency use, or power tools,
including but not limited to power drills, sanders, grinders, leaf
blowers, lawn mowers, or edgers outdoors between the hours of 9:00
p.m. to 7:00 a.m. on weekdays and 9:00 p.m. to 8:00 a.m. on weekends
and federally designated holidays.
12.
Garbage/Recycling Collection. Pursuant to N.J.S.A. 40:66-1.6, no
person or entity shall engage in the active collection of garbage,
refuse or recyclable materials, utilizing specialized vehicles, trucks,
or other equipment outdoors between the hour of 8:00 p.m. to 7:00
a.m. This does not apply to the driving of such vehicles or equipment
during the prohibited hours, to emergency situations, or to operations
on the premises of properly licensed landfills and/or resource recycling
facilities.
b.
The above enumeration is intended to give typical illustrations and
timeframes of prohibited noise and shall not be construed as exclusive.
[1982 Code § 126-3; Ord. #401; Ord. #09-1276]
Nothing herein shall be construed to apply to the following:
a.
The use of bells, chimes or sound amplifiers by churches engaged
in church activities.
b.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
c.
Activities in public parks, playgrounds or public buildings under
permission or authority of municipal officials.
d.
The playing by a band or orchestra in a hall or building or in the
open air when duly authorized by the governing body or the Board of
Education of the Borough, as the case may be.
e.
Activities sponsored by or authorized by any board of education or
governing body of any private school duly licensed by an agency of
the State of New Jersey.
f.
Any agricultural-related activities taking place on any property
qualifying for protections secured under the New Jersey Right To Farm
Act (N.J.S.A. 4:1C-1 et seq.)
g.
Any pre-existing business or manufacturing uses that are affixed
to real property.
[1982 Code § 126-4; Ord. #401; New; Ord. #09-1276]
Any person who shall violate this section shall, upon conviction, be liable to the penalty as established in Chapter 1, Section 1-5. Complaints for violations of any of the provisions of this chapter are hereby authorized to be made by any individual person or resident, any member of the Tinton Falls Police Department, the Code Enforcement Officer, Health Officer, or any other official or employee of the Borough.
[1982 Code § 147-1; Ord. #557]
As used in this section:
Shall mean any enclosed indoor space in the Borough of Tinton
Falls used for the purpose of holding public meetings to which the
general public is allowed to attend.
Shall mean any meeting conducted in the Borough by any board,
commission, committee, agency or department of the Borough of Tinton
Falls, to which the public is invited, allowed or encouraged to attend.
Shall mean and include carrying or having in one's possession
a lighted cigar, cigarette pipe or any other lighted smoking equipment.
[1982 Code § 147-2; Ord. #557]
The smoking of tobacco in any form constitutes a fire hazard and nuisance in public buildings and meeting rooms in the Borough and is prohibited at the times designated in subsection 4-4.3.
[1982 Code § 147-3; Ord. #557]
Smoking shall be prohibited within any meeting area during the
following times:
[1982 Code § 147-4; Ord. #557]
Smoking shall be allowed in designated areas outside of any
meeting area in which smoking is prohibited, provided that the ventilation
rates for those areas shall be in compliance with the applicable State
and local construction codes. Such smoking-permitted areas shall be
outside of the meeting area, clearly accessible to anyone who wishes
to smoke, but shall not be in a location which will allow smoke to
enter the public meeting area during the time when the public meeting
is in progress.
[1982 Code § 147-5; Ord. #557]
Identification of no-smoking and smoking-permitted areas shall
be accomplished by posting in conspicuous places a sufficient number
of "no smoking" and "smoking permitted" signs to be supplied by the
Board of Health. A public announcement of the smoking restrictions
by the presiding Borough Official will suffice as notice of the smoking
policy only if such announcement is included in the official meeting
minutes or tape transcript.
[1982 Code § 147-6; Ord. #557]
No person shall remove, deface or conceal any sign required
or erected by or under the authority of this section.
[1982 Code § 147-7; Ord. #557]
Any person violating any provisions of this section shall, upon
conviction thereof, be liable to a maximum fine of not more than $100
or 30 days' imprisonment, or both.
[1982 Code § 121-1; Ord. #492]
No person shall operate a motorcycle on the roadways, driveways
or public areas on the grounds owned and maintained by Boards of Education
as follows:
a.
Upon grounds of the Monmouth Regional High School owned and maintained
by the Monmouth Regional High School Board of Education, located at
535 Tinton Avenue, Tinton Falls, New Jersey, unless as licensed and
registered motorcycles owned by students or staff members and properly
registered with the school, which may then enter school property only
from Tinton Avenue and may be driven only as far as the officially
designated parking areas for such vehicles located alongside the access
road. All vehicles shall bear a current registration decal issued
by the school.
b.
Upon grounds of the Tinton Falls School owned and maintained by the
Tinton Falls Regional Board of Education, located at 674 Tinton Avenue,
Tinton Falls, New Jersey, unless as licensed and registered motorcycles
owned by students or staff members and properly registered with the
school, which may then enter school property only via the south driveway
from Tinton Avenue and may be driven only as far as the officially
designated parking area for such vehicles located alongside the access
road. Such vehicles shall bear a current registration decal issued
by the school.
c.
Upon grounds of the Mahalia Atchison School owned and maintained
by the Tinton Falls Regional Board of Education, located at 961 Sycamore
Avenue, Tinton Falls, New Jersey.
d.
Upon grounds of the Swimming River School owned and maintained by
the Tinton Falls Regional Board of Education, located at 220 Hance
Avenue, Tinton Falls, New Jersey.
[1982 Code § 121-3; Ord. #4271; Ord. #04-1124]
It shall be unlawful for any person to operate/drive except
on roadways, any type of motor-driven vehicle or conveyance, including
but not necessarily limited to trail bicycles, motor scooters or four-wheeled
motor vehicles commonly known as "go-carts," other than those used
exclusively for passengers and pick-up trucks of 3/4 ton capacity
or less, upon any public property or Borough-owned land in the Borough
of Tinton Falls, New Jersey.
[1]
Editor's Note: Former subsection 4-6.2, Exceptions, previously
codified herein and containing portions of 1982 Code § 121-4
and Ordinance No. 427, was repealed in its entirety by Ordinance No.
04-1124.
[1982 Code § 121-5; Ord. #427]
As used in this section:
Shall mean and include all parks, recreation areas, ball
parks, lake, stream or reservoir areas, storage facilities, garage
areas, Board of Education property and any and all of the Borough
owned or publicly owned land and premises.
Shall mean and includes all streets, sidewalks, easements
or any other areas dedicated or commonly used for vehicular or pedestrian
traffic.
[1982 Code § 121-6; Ord. #427]
The operation of any motor-driven vehicle or conveyance as defined in subsection 4-6.1 is prohibited upon private property unless the operator has received the express written permission of the owner of the property to so operate the motor-driven vehicle.
[1982 Code § 121-7; Ord. #427]
It shall not be unlawful for any Borough employee to operate
any vehicle defined in this section for the purpose of maintenance,
repairing or doing any public work within the scope of his employment.
[1982 Code § 121-8; Ord. #427]
It shall be unlawful to operate any vehicle defined in this
section as follows:
a.
In a manner so as to create loud, unnecessary or unusual noise as
to disturb or interfere with the peace and quiet of other persons.
[Ord. #14-1373 § 1]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Borough, pursuant to the "Bingo
Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing
Law," N.J.S.A. 5:8-50 et seq., and in accordance with the rules and
regulations issued or to be promulgated by the Legalized Games of
Chance Control Commission in the Department of Law and Public Safety
of the State of New Jersey. All applications, licenses and proceedings
in connection therewith shall be subject to the provisions of such
Acts and the rules and regulations and any laws, rules and regulations
hereafter enacted and shall be further subject to the provisions of
this section.
[Ord. #14-1373 § 2]
The issuing authority, as the same is defined in N.J.S.A. 5:8-24
et seq. and N.J.S.A. 5:8-50 et seq., responsible for approving bingo
and raffle licenses shall be the Borough Clerk.
[1982 Code § 98-1; Ord. #369; Ord. #14-1373 § 3]
Licensees authorized by law to conduct any games of chance,
including raffles and bingo, shall be permitted to conduct the same
on any day of the week, including Sundays as provided by N.J.S.A.
5:8-31 and N.J.S.A. 5:8-58.
[Ord. #14-1373 § 4]
The issuing authority shall approve or deny all applications
for bingo or raffle licenses with due expedition after the filing
of application. Applications must be filed with the Borough Clerk
together with required fees pursuant to law. The applicant shall demonstrate
in writing compliance with the provisions of all applicable laws and
regulations.
[Ord. #14-1373 § 5]
No license to conduct a game of chance as authorized by law
shall be issued to any organization not having a bona fide site established
in good faith within the State of New Jersey and actively engaged
in serving one or more of the authorized purposes as defined by the
rules and regulations of the Legalized Games of Chance Control Commission.
[Ord. #14-1373 § 6]
The Governing Body, pursuant to N.J.S.A. 5:8-30 and N.J.S.A.
5:8-57, may suspend and revoke any issued bingo or raffle license,
after a hearing, for any violation of this section or State law. The
Governing Body may suspend the operation of a bingo or raffle pending
hearing, in which case a hearing must be held within five days after
such action. Notice of a hearing shall be served personally upon an
officer of the licensee or the member in charge of the conduct of
the bingo or raffle or sent by registered mail or certified mail to
the licensee at the address shown on the license. All decisions and
findings by the Governing Body regarding the suspension or revocation
of a bingo or raffle license shall be in writing.
[Ord. #14-1373 § 7]
Any person who violates any of the provisions of this section,
upon conviction, shall be subject to the penalties provided in the
New Jersey Administrative Code.
[1982 Code § 118-1; Ord. #471]
As used in this section:
Shall mean remaining idle in essentially one location, including
walking, sitting or lying in essentially the same area.
[1982 Code § 118-2; Ord. #471]
Loitering in public places shall be prohibited when one or more
of the following events is likely to occur:
a.
Immediate, actual, physical, violent reaction from a person, which
violent reaction will cause a threat to the peace and order of the
public.
b.
Disturbance of a person of ordinary sensibilities as to cause such
person to react immediately in such a way as to threaten by physical
violence the peace and order of the public.
c.
Obstruction of the free passage of pedestrians or vehicles.
d.
Obstruction, molestation or interference with any person lawfully
in a public place.
[1982 Code § 118-3; Ord. #471]
Whenever a Police Officer shall determine that a person is loitering as defined in subsection 4-8.1, which loitering is prohibited for one or more of the reasons set forth in subsection 4-8.2, he shall first endeavor to cause the person to leave the public place and cease the condition. If the person shall refuse to leave after being so ordered by the Police Officer, this shall constitute a violation of this section and the Police Officer shall cause the person to be arrested.
[1982 Code § 162-1; Ord. #14, § 1g]
No premises in the Borough shall be used for or occupied by
any trailer, auto trailer or trailer coach. For the purpose of this
section, a "trailer," "auto trailer" or "trailer coach" is defined
as any vehicle or structure so designed or constructed as to permit
occupancy thereof as sleeping quarters for one or more persons or
for the conduct of any business, profession, occupation or trade,
and so designed that it has been or may be mounted upon wheels and
used as a conveyance on highways or streets, propelled or drawn by
its own or other mode of power, excepting any device used exclusively
upon stationary rails or tracks.
[1982 Code § 162-2; Ord. #14]
This section shall not be construed so as to prohibit the passing of any such vehicle or structure defined in subsection 4-9.1 on and over the public streets and highways, or so as to prohibit the temporary or occasional occupancy of premises thereby for storage or repair where such storage or repair shall be sup-plied or made entirely within another building or structure.
[1982 Code § 136-9; Ord. #13]
No person shall play at or practice a game of ball or shall
pitch or throw any ball or engage in any other vigorous athletic contest
in or upon any street, highway, thoroughfare or sidewalk within the
limits of the Borough. No such activity may be engaged in on any public
property without the prior permission of the public body having control
of such property or activity.
[1982 Code § 136-11; Ord. #13; Ord. #143; Ord.
#96-928]
a.
For the purpose of this section, all that portion of the Borough
which lies north of Tinton Avenue is hereby determined as the "compact
part" of the Borough. "Firearms" as used in this section is hereby
declared to include also within its meaning a bow with a pull of 25
pounds or more.
b.
No person shall discharge or cause to be discharged any firearm of
any kind or description in the compact part of the Borough. No person
shall discharge or set off any airguns, pellet guns, paintball guns
or any other instrument which propels projectiles.
c.
No person shall discharge or cause to be discharged any firearm of
any kind or description within 500 feet of any dwelling, school, public
building or other building in which there is present a person or persons
in that part of the Borough which lies outside the compact part thereof.
d.
There is hereby excepted from the foregoing prohibitions contained
in paragraphs b and c of this subsection the discharge of firearms
by a Police Officer or other duly constituted law enforcement officer
under the laws of the State of New Jersey or the United States; the
discharge of firearms in the defense of life or property; the discharge
of firearms on an existing pistol range, rifle range or dog training
range, provided such discharge does not take place within 500 feet
of any dwelling, school, public building or other building in which
there is present a person or persons; the discharge of firearms fired
with blank cartridges or blank shells as used in connection with athletic
or sports events; the discharge of firearms used in connection with
the operation of an abattoir when equipped with proper safeguards
for the protection of life and property.
[1982 Code § 63-14; Ord. #356; Ord. #608]
It shall be unlawful for a person under the legal age to consume
or be in possession of any alcoholic beverage in any motor vehicle
or other vehicle or on any street, avenue, highway, road or alley
in the Borough or in or upon any other public place in the Borough.
[1982 Code § 63-14; Ord. #356; Ord. #608; New]
[1]
Editor's Note: Former Section 4-13, Fire Lanes on Private Property to Which the Public is Invited, previously codified herein and containing portions of 1982 Code §§ 92-1 - 92-6 and Ordinance Nos. 455 and 906, was repealed in its entirety by Ordinance No. 09-1273. See subsection 14-1.16 for Fire Lanes and Fire Zones.
[Ord. #94-877, § 1]
The Mayor of the Borough of Tinton Falls is hereby authorized
to use a portion of lands to the rear of Borough Hall as may be useful
for the parking of commercial vehicles in accordance with the provisions
of this section.
[Ord. #94-877, § 2]
Any user of the said lands for the purpose set forth herein
shall obtain a license from the Director, Department of Public Works.
The license shall be for a period from January 1 to December 31 regardless
of the date of issuance. The license shall designate a parking space,
and shall contain the New Jersey State vehicle registration number
and the description of the vehicle to be parked. No other vehicle
will be allowed to park in the designated space other than the licensee's
vehicle used in transportation to and from the parking area. The holder
of any such license, may from time to time, amend the said license
to reflect a different vehicle to be parked by the licensee but only
upon payment of a new license fee.
[Ord. #94-877, § 3]
The Mayor is hereby authorized by executive order to calculate
and establish a license fee. The fee shall be so calculated as to
reimburse the Borough for its costs and expenses, in maintaining the
parking area, including but not limited to, insurance costs and for
the costs of issuance and monitoring of the license.
[Ord. #94-877, § 4]
As a condition to the issuance and retention of any such license,
each licensee or applicant for any such license shall provide proof
of general liability insurance, naming the Borough of Tinton Falls
as an additional insured, in an amount equal to at least $300,000
for personal injury and $100,000 for property damage. In addition
thereto, each licensee shall execute an indemnification and hold harmless
agreement indemnifying and holding harmless the Borough of Tinton
Falls from any and all claims which may result from the use and occupancy
of the Borough's lands for the purposes set forth herein, the
form of which shall be supplied by the Borough of Tinton Falls.
[Ord. #94-877, § 5; Executive Order
No. 95-7-1]
The parking area is hereby restricted to use by only such trucks
and trailers which are not permitted to be parked in the residential
zoning districts.
a.
No heavy equipment, boats or recreational vehicles of any kind shall
be permitted in the parking area.
b.
Equipment stored on an open trailer or open bed truck shall be covered
completely so as to be concealed from view.
c.
No repairs or maintenance of any kind shall be performed on any such
vehicle parked on the lands provided hereby.
d.
No storage of hazardous substances or chemicals shall be permitted.
e.
Each parking space shall remain free from trash, refuse, junk, scraps
and the like.
f.
Any spill or leakage of gasoline, oil or the like shall be immediately
cleaned by the licensee.
g.
The Mayor of the Borough of Tinton Falls may, from time to time,
establish such additional rules and regulations by Executive Order
as may be deemed necessary, which rules and regulations shall have
the same force and effect as the restrictions set forth herein.
h.
Each permittee is hereby limited to a maximum of two commercial vehicles
and two trailers.
[Ord. #94-877, § 6]
The general penalty provision contained in Chapter 1 of the Code of the Borough of Tinton Falls shall apply to any violation of this section. Each day for which a violation occurs shall be deemed a separate offense subject to a separate penalty.
[Ord. #96-905, § 1]
Shall mean all vehicles impounded per the Police Department
will be stored in the municipal impound yard. Those situations warranting
impoundment are abandonment, DWI offenders, serious and fatal accidents,
for evidentiary purposes, violation of Title 39 or 2C statutes and
any other seizure for investigative purposes. The requesting officer
will complete a standardized vehicle report detailing the recovery
reason and inventory of contents within the vehicle, denoting damages
and/or missing components.
Shall mean any automobile, omnibus, road tractor, trailer,
truck, truck tractor and vehicle as defined in R.S. 39:1-1.
Shall mean any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind or description.
Shall mean an enclosed area protected from access by unauthorized
persons on Borough property, monitored by Police Headquarters and
sufficiently posted concerning no trespassing/unauthorized entry into
enclosure.
Shall mean any real property within the Borough which is
not on a public street or highway.
Shall mean the entire width between the curbs or boundary
lines of every way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular traffic.
[Ord. #96-905, § 1]
No person shall abandon any vehicle within the Borough of Tinton
Falls and no person shall leave any vehicle at any place within the
Borough for such period of time and under such circumstances as to
cause such vehicle to reasonably appear to have been abandoned. The
abandonment is therefore in direct violation of this Code.
[Ord. #96-905, § 1]
No person shall leave any partially dismantled, inoperative,
wrecked or junked vehicle or any unregistered vehicle on any street
or highway within the Borough for a period greater than 48 hours.
[Ord. #96-905, § 1]
The Police Department shall cause to be created an impoundment
area to hold vehicles impounded by it until they can be disposed of
in accordance with applicable statutes of the State of New Jersey.
The aforesaid impounding area shall be enclosed by an eight-foot high
chain link fence with "No Trespassing" signs affixed to it and under
monitor surveillance camera to preclude theft or further damage to
such impounded vehicles.
[Ord. #96-905, § 1; Ord. #00-1030, § 1]
a.
The municipal police impound yard storage area will be of sufficient
size to accommodate the needs of the Police Department and shall be
available during the hours of 8:00 a.m. to 4:00 p.m., Monday through
Friday for the release of the towed vehicles to the owners, pursuant
to this section, unless other off-hour release conditions are pre-authorized
by the Commanding Officer or his designee. The impoundment/storage
and release of such vehicles will follow established guidelines in
accordance with Police Agency S.O.P.'s.
b.
While in storage, the municipality shall not assume any liability
from vehicle owner or person having legal right to the vehicle which
is beyond the municipality's control.
c.
The storage fee for the municipal police impound yard will be consistent
at $25 per day, starting 24 hours after the time the vehicle was towed
and accruing every day thereafter.
[Ord. #96-905, § 1]
a.
An employee of the Tinton Falls Police Department shall be assigned
to investigate the last title owner of the abandoned or junked vehicle
in an attempt to determine the person responsible for the abandonment
of each vehicle and to prosecute all culpable persons for any violation
of the State Motor Vehicle Act or this chapter specifically.
b.
Such taking of possession shall be reported to the Director of the
Division of Motor Vehicles on a form prescribed by him for verification
of ownership. When the vehicle remains unclaimed by the owner or other
person having a legal right, the same may be sold at auction in a
public place. The Tinton Falls Police Department designee shall give
notice of such sale by certified mail to the owner, if name and address
is known, and to holder of any security interest filed with the Director
of Division of Motor Vehicles, and by publication on a form prescribed
by one insertion, at least five days prior to the sale in one or more
newspapers published in this State and circulating in the city in
which such motor vehicle is being held.
c.
The Police Department shall also be responsible for the sale or disposition
of the impounded vehicles, with minimum bid starting at towing and
storage charges to date. If no minimum bid is received, then the best
offer may be accepted.
[Ord. #96-905, § 1]
At any time prior to sale, the owner or other person entitled
thereto may reclaim possession of motor vehicle upon payment of costs
incurred for removal and storage of the vehicle and any fine or penalty
and court costs assessed against person for violation giving rise
to seizure of taking possession of such vehicles.
[Ord. #96-905, § 1]
If the Police Department, in its report to the Director of Division
of Motor Vehicles, certify on an application prescribed by him that
such motor vehicle is incapable of being operated safely or of being
put in safe operational condition except at a cost in excess of the
value thereof, the division shall, without further certification or
verification issue to the Borough for a fee of $2 for a junk title
certificate thereto, with proper assignment thereon, which shall be
assigned and delivered to the purchaser of the vehicle at public sale.
[Ord. #96-905, § 1]
a.
Upon the sale of any motor vehicle for which no junk certificate
is issued, the Borough shall execute and deliver to the purchaser
an application for certificate of ownership prescribed by the Director
of the Division of Motor Vehicles in the same form and manner as provided
in R.S. 39:10A-15 which shall also contain the name and address, if
known, of the former owner.
b.
Such application shall be accepted by the Director of the Division
of Motor Vehicles for issuance of a certificate of ownership upon
their established fee.
[Ord. #96-905, § 1]
Upon the sale of a motor vehicle claims of interest therein
shall be forever barred and the proceeds realized therefrom after
payment of expenses of possession and sale shall be remitted to the
municipal treasury as its sole property.
[Ord. #96-905, § 1; Ord. #00-1030]
In accordance with subsection 5-8.6, call list for wrecker/towing service and established fees for towing (subsection 5-8.11), the respective towing agency shall submit an itemized bill to the Police Department Records Bureau for recording and forwarding to the Chief Financial Officer for payment within 45 days from date of service. These funds will be reimbursed to the municipal treasury upon disposition, through release or auction of said vehicle inclusive of towing and storage fees.
[Ord. #96-905, § 1]
All applicable penalties will be consistent with subsection 5-8.18.
[Ord. #96-913, § 2]
In view of the indiscriminate sales of tobacco and tobacco products
to minors through vending machines, all vending machines utilized
for such purposes within the Borough of Tinton Falls are hereby prohibited.
[Ord. #96-913, § 2]
As used in this section:
Shall mean any individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee
or other legal entity.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
Shall mean any device which, upon the insertion of money,
tokens or any other form of payment dispenses cigarettes or other
tobacco products.
[Ord. #96-913, § 2]
Any person permitting the use of a vending machine to dispense
tobacco or tobacco products within the Borough of Tinton Falls or
any person who controls the premises on which such a vending machine
is operated shall be subject to a fine of $250. Each day on which
such a vending machine is operated shall be deemed a separate offense
and subject to an additional fine for each offense.
[Ord. #96-913, § 2]
Any vending machine utilized for the sale of tobacco and tobacco
products in operation on date of adoption of this section shall cease
such operation within 30 days from the effective date of this section.
[Ord. #05-1171, § 1]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by Borough of Tinton Falls, so as to protect public health, safety
and welfare, and to prescribe penalties for failure to comply.
[Ord. #05-1171, § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
[Ord. #98-976, § 1; Ord. #05-1171, § 3]
a.
No person or persons shall feed, cause to be fed or provide food
for all waterfowl in the Borough of Tinton Falls, on lands either
publicly or privately owned.
b.
No person shall feed, in any public park or on any other property
owned or operated by Borough of Tinton Falls, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation centers, or unconfined wildlife at environmental education
centers). Also excluded are feral cats as part of an approved Trap,
Neuter and Release (TNR) Program.
[Ord. #98-976, § 1]
This chapter shall not be construed to prohibit humane acts
toward waterfowl in individual cases, such as the temporary nurturing
of a wounded bird on one's own premises, and authorized wildlife
management activities.
[Ord. #98-976, § 1]
No person shall abandon, leave or discard any waterfowl upon
any public or private property within the Borough of Tinton Falls.
[Ord. #98-976, § 1; Ord. #05-1171, § 4]
The provisions of this section shall be enforced by complaint
signed by a member of the Department of Public Works, Code Enforcement
or Public Safety of the Borough of Tinton Falls.
[Ord. #98-976, § 1; Ord. #05-1171, § 5]
[Ord. #05-1175, § 1]
The purpose of this section is to prohibit the outdoor application
of fertilizer other than low phosphorus fertilizer in the Borough
of Tinton Falls so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. #05-1175, § 2]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean any substance containing one or more recognized
plant nutrients which is used for its plant nutrient content, and
which is designed for use or claimed to have value in promoting plant
growth; except that it shall not be considered to include animal or
vegetable manure or compost.
Shall mean a fertilizer for which the guaranteed analysis,
stated in whole numbers, of available phosphoric acid is zero.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. #05-1175, § 3]
It shall be unlawful to apply outdoors any fertilizer other
than low phosphorus fertilizer.
[Ord. #05-1175, § 4]
a.
Any application of fertilizer at a commercial farm that is exempted
by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
b.
Any application of fertilizer needed for establishing new vegetation
after land disturbance in accordance with the requirements established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq. and implementing rules.
[Ord. #05-1175, § 5]
The provisions of this section shall be enforced by complaint
signed by a member of the Department of Public Works, Code Enforcement
or Public Safety of the Borough of Tinton Falls.
[Ord. #05-1175, § 6]
[Ord. #05-1161]
a.
No person 18 or over, who has been convicted of any crime that requires
the convicted person to register pursuant to N.J.S.A. 2C:7-1 et seq.
(The New Jersey Registration and Community Notification Laws) and/or
the crimes of Luring or Enticing a Child N.J.S.A. 2C:13-6 and/or Lewdness
in the Presence of a Child under 13; 2C:14-14b(1) shall be permitted
to reside or live within 1,000 feet of any school, educational facility,
park, playground or child care facility within the Borough as may
be hereinbefore delineated on the Borough of Tinton Falls Drug-Free
School Zone map pursuant to subsection 3-28A.1 or as may be amended
from time to time.
b.
No person shall act as an accomplice to any individual in violation
of this section by purposely housing, concealing and/or hindering
the detection or apprehension of any person identified in paragraph
a and who is subjected to and in violation of the provisions of this
section.
c.
Any person meeting the definition set forth in paragraph a who resides
and lives within 1,000 feet of any of the facilities listed in paragraph
a within the Borough shall have 60 days from receipt of written notice
of the prohibition set forth in paragraph a to move to a location
that is not within 1,000 feet of one of those facilities within the
Borough. Failure to so relocate as stated herein shall constitute
a violation of this section.
d.
Neither paragraph a nor paragraph c shall be deemed applicable to
a person who has established a residence prior to the effective date
of this section throughout the period of time the person remains a
resident at that precise location.
e.
No person convicted of an offense as defined in subsection 4-19.1a of this section shall loiter within 1,000 feet of any school, educational facility, park, playground or child care facility within the Borough as may be hereinbefore delineated on the Borough of Tinton Falls Drug-Free School Zone map pursuant to subsection 3-28A.1, unless actively engaged in a legitimate business activity which does not involve interaction with an unsupervised minor.
f.
Nothing in this section shall preclude or discourage any law enforcement
officer from taking separate enforcement action under the laws of
this State for offenses committed in conjunction with a violation
of this section, particularly N.J.S.A. 2C:43-64; Community Supervision
for Life/Parole Supervision for Life.
[Ord. #05-1161]
a.
Each and every individual in violation of subsection 4-19.1a or b shall be subject to a fine not exceeding $1,250 which fine shall be at least $500, or shall be required to perform community service not to exceed 90 days for each offense, and/or shall be imprisoned for a term not exceeding 90 days. In the event of a second offense, even concurrent, occurring within one year of the prior offense, for which the individual was sentenced to pay a fine, serve a term of imprisonment and/or community service, the Court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the Court upon a repeat offender shall not be less than $500 nor more than $1,250, but shall be calculated separately from the fine imposed for the violation of this section.
b.
Each and every individual in violation of subsection 4-19.1e shall be subject to a fine not less than $200, and/or shall be required to perform community service not to exceed 30 days for each offense, and/or shall be imprisoned for a term not exceeding 30 days. In the event of a second offense, even if concurrent, occurring within one year of the prior offense, for which the individual was sentenced to pay a fine, and/or serve a term of imprisonment and/or community service, the Court shall sentence the individual to an additional fine as a repeat offender. The additional fine imposed by the Court upon a repeat offender shall not be less than $200 nor more than $500, but shall be calculated separately from the fine imposed for the violation of this section.
[Ord. #07-1211]
a.
Irrespective of payment method, each operator of a motel/hotel in
the Borough of Tinton Falls shall obtain and maintain any and all
registrations of guests as required by the laws of the State of New
Jersey pursuant to N.J.S.A. 29:4-1 et seq., and shall permit inspection
of said register by a police officer with the filing of an appropriate
report with the Chief of Police within 48 hours thereafter. The register
for each guest registrant and guest of each rooming unit shall be
maintained from the time the guest registrant initially registers
for the room through and including the 60th day after the date the
guest terminates his/her stay at the motel/hotel. The operator shall
advise the guest registrant that no room shall be rented unless the
registration is completed pursuant to this section. The operator of
each motel/hotel shall post, in close proximity to the registration
desk, a notice advising the guest registrant and guests of the requirements
pursuant to this section.
b.
In addition to any other information required by law to be kept in
said register, the operator shall provide that the register shall
show the date of arrival, the room assigned and the make and license
number of any motor vehicle brought to the motel/hotel by the guest
registrant.
c.
Irrespective of payment method, the register shall also show the
following information:
1.
The name of each guest of each rooming unit;
2.
The principal address of each such guest;
3.
The date upon which the occupancy by the registered guest of such
unit commenced;
4.
The identification number from a legal form of identification, such
as a valid driver's license, a Federal or State government or
a military identification card, a passport or any other form of valid
governmental identification containing the photograph of the one presenting
the identification for the guest registrant; should the guest registrant
be unable to produce photograph identification from a valid governmental
identification, the guest registrant shall produce a valid governmental
identification without a photograph along with another form of valid
identification, with or without a photograph, such as another governmental
identification, major credit card, employee identification card, student
identification card, or automobile registration card;
5.
The age of each guest; and
6.
The make, model and license number of any motor vehicle brought to
the motel/hotel by the guests of each unit.
d.
No person under the age of 18 shall be permitted to rent a unit without
having permission from a parent or legal guardian at the time the
room is rented. At the time of registration, the minor shall present
proof of parental consent. The parental consent, if written, must
include the parent's name and telephone number. The registration
information for a guest under the age of 18 shall contain the identification
number from a legal form of identification as set forth in paragraph
c above of the parent authorizing the registration.
e.
1.
It is unlawful for the operation of a motel/hotel to fail to require
identification of the guest registrant or guest(s) as per above; to
fail to retain the information as required above; or to refuse to
provide such information to a police officer; provided, however, that
any duty required under this section terminates on or after the 60th
day of following the date the guest registrant vacates the motel/hotel.
2.
It shall be an affirmative defense to an alleged violation of this
section for an operator of a motel/hotel to show, by a preponderance
of the evidence, that the operator has established a protocol or procedure
utilized to obtain the information required of by this section, and
has implemented that protocol or procedure.
f.
The operator shall not rent any room for more than 14 consecutive
days to the same guest registrant. Upon the expiration of that fourteen-day
period, in order for the guest registrant to extend his/her stay,
the operator will be required to complete a new registration by obtaining
the required information directly from the guest registrant.
g.
Any person, firm or corporation violating the terms of this section
shall be subject to the following penalties:
1.
Any person, firm or corporation who shall be found guilty of violating
any provision of this section shall, for each offense, be fined a
sum of not more than $300, or be imprisoned for a period not exceeding
60 days, or both.
2.
Any person, firm or corporation who shall be found guilty of violating
any provision of this section for a second time within a six-month
period following conviction for a violation of this section, shall,
for each offense, be fined a sum of not less than $500, or be imprisoned
for a period not exceeding 90 days, or both.
h.
If any of the provisions of this section or the application of such
provision to any person or circumstance is declared invalid, such
invalidity shall not effect the other provisions or applications of
this section which can be given effect, and to this end, the provisions
of this section are declared to be severable.
i.
This section shall take effect upon adoption in accordance with the
law.
[Ord. No. 2018-1435 § 1]
This section is adopted in order to protect the environment,
particularly marine and other wildlife, and the health, safety and
welfare of persons and property by prohibiting the intentional release
of balloons inflated with lighter than air gasses into the atmosphere.
[Ord. No. 2018-1435 § 2]
It shall be unlawful for any person or entity to intentionally
release, intentionally organize the release of, or otherwise intentionally
cause the release of a balloon inflated with a gas that is lighter
than air within the boundaries of the Borough of Tinton Falls, except
for:
[Ord. No. 2018-1435 § 3]
Any violations of this section shall be addressed by the penalties imposed under Section 1-5 of the General Revised Ordinances of the Borough of Tinton Falls. The intentional release of multiple balloons at one time shall be considered a single offense for the purposes of this section.
