Borough of Farmingdale, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: For regulations pertaining to cleaning up after animals on streets, sidewalks, private property or places where people may congregate, see "Pooper-Scooper" regulations in Chapter 5 Animal Control, Section 5-4.
[Ord. 12/17/91 § 1; Ord. No. 06-01 § 2]
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
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.
LITTER
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 or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. 12/17/91 § 2]
It is unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of the property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[Ord. 12/17/91 § 5]
It is unlawful for any vehicle to be driven, moved, stopped or parked, on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, must immediately cause the public property to be cleaned of all such materials and must pay the costs therefor.
[Ord. 12/17/91 § 6]
It is unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It is the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[1]
Editor's Note: See Chapter 10, Building and Housing.
[Ord. 12/17/91 § 7]
It is the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free of litter.
[1]
Editor's Note: For additional regulations regarding property maintenance see Chapter 15.
[Ord. 12/17/91 § 8]
It is unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that may be removed by natural forces.
[Ord. 12/17/91 § 9; New]
Violation of the provisions of the within section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Former § 3-2, Abandonment of Vehicles, 1971 Code T.III, Ch. 2 § 1 through § 6, was repealed 7-12-2011 by Ord. No. 2011-04.]
[Ord. No. 159]
Whereas, it has become apparent in the Borough that the public drinking of alcoholic beverages by persons or groups of persons standing about on the sidewalks or sitting in or standing about automobiles while drinking intoxicating beverages has in many instances created public nuisance situations, placed the safety of persons lawfully using the streets in jeopardy or has caused them to be subject to abuse, violent abusive language or molestation; it is determined to be in the public interest to halt such disorderliness or assault or motor vehicle violation, the following provisions are hereby adopted pursuant to Police Agency powers of the Borough.
[Ord. No. 159 § 1]
a. 
No person shall consume or possess in an open container any alcoholic beverages from original containers or as a part of mixed drinks on any of the public streets, sidewalks, parking lots, roadways, pathways, playgrounds, parks or quasi-public areas, or any other public property whatsoever, such as shopping center plazas and the like within the Borough at any hour of day or night without a special permit in the form of a license to consume alcoholic beverages issued by the Mayor and Council.
b. 
No person shall consume or possess in an open container any alcoholic beverage or drink containing alcoholic beverage while in any automobile, moving or parked, upon any of the public streets, parking lots, roadways, shopping plazas or other thoroughfare open to the general vehicular traffic in the Borough.
c. 
Prohibitions contained in Subsections a and b above are intended to imply to all types of alcoholic beverages including beer, wines and mixed drinks, excepting only prescribed medicines taken by doctor's order for medicinal purposes that may happen to contain some quantity of alcohol.
[Ord. No. 159 § 2]
Special permits or licenses for the consumption of alcoholic beverages on public property or in public parks shall be obtained only from the Borough Clerk after the Mayor and Council have approved issuance.
[Ord. No. 159 § 3; New]
Any person violating the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. 11/16/93 § 1]
For purposes of this section, the following terms shall be defined to mean:
GUARDIAN
Shall mean a person, other than a parent to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or who is responsible for the care and welfare of the juvenile.
JUVENILE
Shall mean an individual who is under the age of 18 years of age.
PUBLIC PLACE
Shall mean any place to which the public has access, including, but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation, athletic or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structures or area.
[1971 Code T.III, Ch. 6 § 3; Ord. No. 22-79 § 2; Ord. 11/16/93 § 2]
It shall be unlawful for juveniles to be in any public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by a parent or guardian. This prohibition does not apply if the juvenile is:
a. 
Engaged in, or traveling to or from a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform;
b. 
Engaged in an errand involving a medical emergency;
c. 
Attending religious services, extracurricular school activities, activities sponsored by a religious or community organization or other cultural, educational or social events or is in direct transit to or from such events.
[Ord. 11/16/93 § 3]
It shall be unlawful for any parent or guardian to permit, suffer or allow any juvenile in his or her care to be in any public place between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. 11/16/93 § 4]
Any person found guilty of having violated this section, shall, upon conviction, perform community service and may be subject to a fine of no more than $1,000, and if parents or guardians, as well as a juvenile, are found guilty of violating this section, the parents or guardians shall perform community service together with the juvenile. The period of community service shall not exceed 90 days.
[1971 Code T.III, Ch. 6 § 1; Ord. No. 22-79 § 1; New]
Other than for exceptions previously set forth herein, it shall be unlawful for any person under the age of 18 years to be in a public place or street or any private place which is commonly used by the public in the Borough between the hours of 9:00 p.m. and 6:00 a.m. on the nights of October 26th through November 1st of each year unless such person is accompanied by a parent or guardian.
[1]
Editor's Note: Loitering regulations were previously contained in the 1971 Code as Title 3, Chapter 7, which was rescinded by Ord. No. 3-80.
[Ord. No. 3-80 § 2]
As used in this section:
LOITERING
Shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly.
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
[Ord. No. 3-80 § 3]
It shall be unlawful for any person to loiter in a public place in such manner as to:
a. 
Clearly cause an immediate, actual, physical violent reaction from any person of ordinary sensibilities, which reaction will cause or create a threat to the peace and good order of the public;
b. 
So disturb 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 good order of the public;
c. 
Obstruct, molest or interfere with any person lawfully in a public place as defined in § 3-5.1. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb a person of ordinary sensibilities so as to cause such person to react immediately in such a way as to threaten by physical violence the pace and good order of the public.
[Ord. No. 3-80 § 3; New]
Whenever any Police Agency shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 3-5.2, he/she shall, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Agency shall be guilty of a violation of this section.
[Ord. No. 3-80 §§ 3, 4; New]
a. 
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years to knowingly permit the minor to loiter in violation of this section.
b. 
Whenever any minor under the age of 18 years is arrested or taken into custody for violation of this section, the Police Agency shall notify the parent, guardian or other person having custody of such minor of such arrest or taking into custody.
c. 
If a minor under the age of 18 years violates this section between the hours of 10:00 p.m. and 6:00 a.m., it shall be presumed in the absence of proof to the contrary that the parent, guardian or other adult person having care or custody of such minor knowingly permitted such minor to do so.
d. 
If it is established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years was duly notified pursuant to Subsection b that such minor had been arrested or taken into custody for the violation of this section and it is further established that such minor subsequently loitered then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or other adult person having the care or custody of each minor knowingly permitted such subsequent violation.
[Ord. No. 3-80 § 5]
Whenever any minor under the age of 18 years is adjudicated to be in violation of this section, his parent or guardian shall be notified of this fact by the Police Agency or any other person designated to give such notice.
[Ord. No. 3-80 § 6]
If at any time within 30 days following the giving of notice as provided in § 3-5.4, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Ord. No. 3-80 § 7; New]
Any person violating any of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 149 § 1]
As used in this section:
MINOR
Shall be defined to mean any unemancipated person under the age of 18 years.
PARENT
Shall be defined to include either or both natural parents of a minor, the legal guardians of such minor, or any other adult persons who have voluntarily or otherwise assumed the responsibilities of a natural parent with respect to custody, care and control of the minor. For the purposes of the enforcement of this section, the term parent shall not apply to natural parents, legal guardians or other persons whose responsibility for the custody and control of such minor has been transferred to another person or otherwise terminated by Court order, or by the emancipation of the minor by marriage, military service or other circumstances. Persons claiming the benefit of any such termination or transfer of responsibilities shall bear the burden of establishing the same in any proceedings hereunder.
VIOLATION OF THE PUBLIC PEACE
Shall be defined as including any of the following acts: defacing, damaging or destroying public property or the private property of another, within the Borough or committing an assault or assault and battery upon another in the Borough; knowingly receiving stolen property; violation of any existing curfew laws of the Borough; or breaking and entering or entering without breaking into the property of another with the intent to steal; or threatening another with the intention of extorting money or anything of value; or possession and/or use of a controlled dangerous substance, as same shall be defined under Title 34, Statutes of New Jersey, or juvenile delinquency based upon any of the above offenses.
[Ord. No. 149 § 2]
It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage a minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor. Whenever a minor shall be arrested or detained for the commission of any such violation of the public peace within the Borough, the parents of such minor shall be immediately notified by the Police Agency of such arrest or detention and the reasons therefor, and of the responsibility of parents under this section. When a minor is convicted of a violation of the public peace, as defined herein, the Police Agency, or its designated agent, shall forthwith serve written notice of the conviction upon the parents, together with a written warning, in a form approved by the Borough Attorney for the penalties and other provisions of this section with respect to the commission within 180 days of a second offense by the minor. If at any time within one year of the giving of such notice, such minor shall again be convicted of the same offense, it shall be presumed, subject to rebuttal by competent evidence that either or other persons constituting the parents of the minor during this period of time, allowed, permitted or suffered the minor to commit a violation of the public peace. A record of such notifications shall be kept by the Municipal Court.
[Ord. No. 149 § 3; New]
Any parent who shall violate the terms of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 149 § 4]
The remedy provisions of this section shall be cumulative, not exclusive, and the State or any other person shall have the right to proceed under any other legally available remedies.
[Ord. No. 5-89 § 1]
In accordance with and pursuant to the authority of L. 1988, C. 44 (C. 2C:35-7), the Drug-Free School Zone map produced on or about April 15, 1988 by James Dolan, Borough Engineer is hereby approved and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 5-89 § 2]
The Drug-Free School Zone Map, approved and adopted pursuant to § 3-7.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. No. 5-89 § 3]
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
[Ord. No. 5-89 § 4]
The Borough Clerk is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to § 3-7.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or Court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. No. 5-89 § 5]
a. 
The map approved and adopted pursuant to § 3-7.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.
c. 
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to § 3-7.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. No. 00-01]
The Code of the Borough of Farmingdale is hereby amended to include Drunk Driving-Free School Zones as part of Chapter 3 of the Code of the Borough of Farmingdale in accordance with and pursuant to the authority of P.L. 1999 Chapter 185.
[Ord. No. 00-01]
All Map references in the portion of Chapter 3, §§ 3-7.1 through 3-7.5 referring to Drug-Free School Zones shall also apply to Drunk Driving-Free School Zones.
[Ord. No. 05-06 § 1]
a. 
Sex Offender Residency Prohibition; 1,000 Feet.
1. 
It shall be unlawful for any person subject to the registration requirements set forth in N.J.S.A. 2C:7-1 et seq., to reside within 1,000 feet of any public or private primary and/or secondary school or educational facility, park, playground, childcare facility or school bus stop within the Borough.
2. 
A person who resides within any prohibited area established pursuant to the provisions of this section shall have 60 days from the effective date of this section,[1] or upon the termination of any residential lease entered into prior to the effective date of this section, and the term of which is not longer than one year, whichever is later, to relocate outside the prohibited area. Failure to move to a location, which is in compliance with this section within the prescribed time period, shall constitute a violation of this section.
[1]
Editor's Note: Ordinance No. 05-06, codified herein as Section 3-7A, was adopted October 18, 2005.
3. 
The provisions of this section shall not apply to any person who has purchased property to be used as his/her primary residence prior to the effective date of this section.
4. 
Any violation of this section shall be punishable by a fine not exceeding $1,250; imprisonment for a term not exceeding 90 days; a period of community service not exceeding 90 days.
[Ord. No. 6-89A § I]
The purpose of this section is to regulate and provide penalties for false alarms in the Borough of Farmingdale, the control of which is within the responsibilities of the user, owner or the person that maintains such alarm system.
[Ord. No. 6-89A § II]
The following terms shall have the following meanings under this section:
ADMINISTRATIVE FEE
Shall mean the fee payable to the Borough of Farmingdale for excessive false alarm activations or other violations as set forth in § 3-8.3.
ALARM SYSTEM
Shall mean the equipment or a device or an assembly of equipment and devices to signal the presence of an emergency or hazard requiring urgent attention and to which Police Agency or Fire Department or any other services may be expected to respond.
FALSE ALARM
Shall mean any alarm or signal of an alarm system actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder, and shall include as well, alarm caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms caused by malfunction of the alarm console or Police device.
FARMINGDALE ALARM ADMINISTRATOR
Shall be the Chief of the Fire Department or the Chief of Fire Prevention Bureau or his deputy, or any other person authorized by the governing administrative duties regarding the regulation and control of alarm system in the Borough.
LOCAL ALARM
Shall mean any alarm or device which when actuated, procedures a signal not connected to another source, such as store burglar alarms actuating bell devices.
SUBSCRIBER
Shall mean a person who buys, leases, or otherwise obtains an alarm signalling system and therefore either contracts with or hires an alarm business to monitor and/or service the alarm device, or performs such service himself.
[Ord. No. 6-89A § III]
a. 
In the event of a false alarm, any person having knowledge thereof shall immediately notify the Farmingdale Volunteer Fire Department or the Chief of the Fire Prevention Bureau.
b. 
The Chief of the Fire Department or the Chief of the Fire Prevention Bureau shall cause an investigation to be made and keep a record of all false alarms.
c. 
Penalties.
1. 
For the first six false activations in the same twelve-month period, a warning shall be issued.
2. 
For false activations, seven through 10 in the same twelve-month period, an administrative fee of $25 shall be imposed on the subscriber for each activation.
3. 
For false activations 11 through 15 in the same twelve-month period, an administrative fee of $50 shall be imposed on these subscribers for each activation.
4. 
For the 16th and any subsequent false alarm activation in the same twelve-month period, an administrative fee of $100 shall be imposed on the subscriber for each activation.
5. 
No violation shall be assessed to any owner or person that maintains an alarm system as provided for and defined herein during the first 30 days of installation and actuation.
6. 
It shall be unlawful for an alarm device, dial alarm, local alarm or other audible alarm to ring or put forth any other sound for a period of in excess of 15 minutes. Any such occurrence shall result in a fee of $50 for each violation.
[1971 Code T.III, Ch. 8 § 1]
No person shall kindle or maintain any bonfire or other fire, or knowingly furnish the material for such fire, or authorize any bonfire or other fire to be kindled or maintained on or in any public street within the Borough.
[1]
Editor's Note: For regulations regarding bonfire permits, see Chapter 11, § 11-2.
[1971 Code T.III, Ch. 8 § 2; New]
Any person who shall neglect or refuse to comply with the provisions of this section and shall violate same, shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[1971 Code T.III, Ch. 3 § 1]
No person shall use any mobile home or trailer within the limits of the Borough as a dwelling or sleeping place. Provided, however, that this prohibition shall not apply to any camper, mobile home or trailer which is located within the Borough for less than 14 days in any thirty-day period.
[1971 Code T.III, Ch. 3 § 2; New]
Any person who shall violate this section or any of its provisions shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 5-87 § 1]
No retail sales establishments of any nature, other than pharmacies or establishments controlled by and pursuant to the Alcoholic Beverage Control regulations, shall be permitted to conduct business between the hours of midnight and 5:00 a.m. on any day.
[Ord. No. 5-87 § 2]
Violators of this section shall be disorderly persons subject to the penalties provided by law.
[Ord. No. 98-03].
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.
[Ord. No. 98-03]
a. 
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 on the street. No person shall sound a warning device on an automobile, motorcycle or bus or other vehicle which emits an unreasonably loud or harsh sound or for an unnecessary or unreasonable period of time.
b. 
Radios, Televisions, Record, CD and Cassette Players. The playing, using, operating or permitting of any of the foregoing, of any radio receiving set, television, musical instrument, record, CD or cassette player or other machine or device for the producing, reproducing or receiving of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or 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 off the premises on which it is located shall be prima facie evidence of a violation of this subsection.
c. 
Yelling, Shouting. Yelling, shouting, hooting, whistling or singing at any time or place which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling or other building or type of residence or of any person in the vicinity.
d. 
Animals, Birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity.
e. 
Exhausts. The discharge into the 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 noise.
f. 
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.
g. 
Construction, Repair or Maintenance. 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 of three days, by the terms of which permit such work may be carried out between 8:00 p.m. and 7:00 a.m.
h. 
Schools, Courts, Churches, Municipal Offices. The creation of excessive noise on a street adjacent to a school, institution of learning, church or municipal offices which unreasonably interferes with the working of the institution, provided conspicuous signs are displayed in the area indicating a school, church or municipal office is nearby.
i. 
Loudspeakers, Amplifiers for Advertising. 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.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be constituted or exclusive.
[Ord. No. 98-03]
Any person, firm or corporation being convicted of a violation of any of the provisions of this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 01-07 § 1]
It shall be unlawful for any person or persons to commit, maintain or allow any miscellaneous offense as described hereinbelow in this section.
[Ord. No. 01-07 § 1]
The following matters, things, conditions or acts and each of them are hereby declared to be against the public peace and order and declared to be injurious to the health, safety and welfare of the residents of the Borough of Farmingdale. As such, the following offenses are declared to be unlawful and are prohibited within the Borough:
a. 
Soliciting. Any person who shall, by word, act, sign or any device, invite or solicit unlawful sexual intercourse or any other unlawful, indecent, lewd or lascivious act, shall be adjudged in violation of this section.
b. 
Common Thieves, Burglars, and Pickpockets. Any person who shall be arrested at any house of worship, banking institution, broker's office, place of public amusement, auction room, store or crowded thoroughfare or other place of public resort or assemblage for business, worship, amusement or other lawful purpose in this Borough, and who shall be proved, to the satisfaction of the Judge before whom he shall be brought, to be a common thief, burglar or pickpocket and to have been frequenting or attending such place for an unlawful purpose, shall be adjudged in violation of this section.
c. 
Carrying Weapons, Etc. Any person who shall be apprehended having upon him any picklock, key, crow, jack, bit or other implement with intent to break and enter in any building, or who shall have upon him any pistol, hanger, cutglass, bludgeon or other offensive or dangerous weapon with intent to assault any person, or who shall be found in or near any dwelling house, warehouse, stable, barn or any place of public resort or assemblage for business, worship, amusement or other lawful purpose, with intent to steal any goods or chattels, shall be adjudged in violation of this section.
d. 
Malicious Injury to Property. Any person who shall maliciously destroy, damage or injure property may, where the damage does not exceed the sum of $25, be adjudged in violation of this section.
e. 
Unlawful Dumping, Etc. No person shall, within the limits of this Borough, discard, deposit, throw or leave any wastepaper, tin cans, bottles, garbage, waste or refuse of any kind whatsoever upon any parking place, street, road, avenue, park or other public place or upon any lot or other premises, except in receptacles or containers provided for such purpose. Any person, firm or corporation that shall dump on or tow to open fields or other private property, any abandoned automobile, automobile parts or other junk, shall be adjudged in violation of this chapter.
f. 
Injuring School Property, Etc. A person who shall enter the building or go upon the lands belonging to a public school district or used and occupied for school purposes by a public school, and shall break, injure or deface such building or any property thereof or the fences or outhouses belonging to or connected with such building or lands, or shall disturb the exercises of the school or molest or give annoyance to the children attending such school or any teacher therein, shall be adjudged in violation of this chapter.
g. 
Giving False Alarm of Fire. Any person who shall willfully and maliciously ring or cause to be rung any bell or alarm of any fire company in this Borough and thereby give or cause to be given a false alarm of fire, or shall willfully and maliciously send a message of false alarm by telephone or by any other means, shall be adjudged in violation of this section.
h. 
Damaging or Disturbing Private Property. Any person who shall willfully cut any tree, shrub or vine upon, or remove any earth, gravel or sand from, any property belonging to another person in this Borough without its consent, or who shall willfully cause injury or damage to or destroy any livestock, poultry, cultivated crop, orchard, fence, sign, signboard, notice or building belonging to any person while on such person's land without such person's consent shall be adjudged in violation of this section.
i. 
Erecting Signs, Etc. Any person who erects within the limits of this Borough any sign or encroachment of any nature without first having obtained permission to do so from the appropriate governmental authorities, including but not limited to the officials, agents, servants or employees of the Borough of Farmingdale, County of Monmouth or State of New Jersey, as the case may be, shall be adjudged in violation of this section.
j. 
Damaging Property. Any person who shall maliciously destroy, damage or injure property of another shall be adjudged in violation of this section.
k. 
Misrepresentation of Age. Any person who shall misrepresent or mistake the age of any person for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any alcoholic beverage to a person under the age of 21 years shall be deemed and adjudged in violation of this section.
l. 
Act of Graffiti. Any person committing an act of graffiti in the Borough shall be adjudged in violation of this section. For purposes of this section an act of graffiti shall mean the drawing, painting or the making of any inscription on a bridge, public transportation vehicle, rock, wall, sidewalk, street, signs or other exposed surface on the public, quasi-public or private property without the permission of the owner.
m. 
Fighting and Other Brawling. Any person or persons fighting, threatening or brawling, or otherwise engaging in violent or tumultuous behavior while in the Borough of Farmingdale shall be deemed in violation of this section. This section shall specifically include any conduct which subjects another to striking, kicking, shoving or other offensive touching, or any other course of conduct, the purpose of which is to alarm or annoy another.
n. 
Interfere with Law Enforcement Officer. Any person who shall knowingly misstate a fact, incident or event to a law enforcement officer in the performance of such officer's duty, or who shall otherwise engage in conduct, unreasonable under the circumstances, which conduct shall be intended to interfere with or which shall result in the actual interference with the official duties of a law enforcement officer shall be adjudged in violation of this section.
o. 
Forceful Resistance to Arrest. No person may use force to resist arrest by one he or she knows or has good reason to believe is an authorized law enforcement officer engaged in the performance of his/her duties.
p. 
Parking on Private Property. No person shall park any motor vehicle on or in any private driveway or on any private property within the Borough, without the permission of the owner.
q. 
Obstruction of Sidewalks. No person shall unreasonably obstruct the passage of pedestrian traffic on any sidewalk in the Borough.
[Ord. No. 01-07 § 1]
a. 
Riotous conduct, indecent conduct, breaches of the peace, vagrancy, and prostitution not included hereinabove are hereby prohibited within the limits of the Borough of Farmingdale. No person shall assemble unlawfully and participate in any affrays, riots or create any nuisance upon any public or quasi-public streets or places within the Borough.
b. 
The creation of a hazardous or physically dangerous condition by any act which serves no legitimate purpose; or the creation of any disturbance or annoyance to the comfort and repose of any person.
c. 
The obstruction, molestation or interference with any person lawfully in any public place by action or work with reckless disregard.
d. 
No person shall remain in one spot, on foot, or in a parked vehicle, with intent to commit or facilitate the commission of an unlawful act.
[Ord. No. 01-07 § 1]
In the event that any provision of this section is found by a Court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this section and shall not cause the invalidity or unenforceability of the remainder of this section; and if a provision shall be deemed invalid only because of excessive scope of breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
[Ord. No. 01-07 § 1]
All fines imposed and collected under and by virtue of this section shall be paid into the treasury of the Borough.
[Ord. No. 01-07 § 1]
Unless otherwise specified herein, for a violation of any provision of this section, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof.
[Ord. No. 06-01 § 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. The word "shall" is always mandatory and not merely discretionary.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Farmingdale or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 06-01 § 2]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Farmingdale is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 06-01 § 2]
a. 
Water line flushing and discharges from potable water sources.
b. 
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters.
c. 
Air conditioning condensate (excluding contact and non-contact cooling water).
d. 
Irrigation water (including landscaping and lawn watering runoff).
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.
f. 
Residential car washing water, and residential swimming pool discharges.
g. 
Sidewalk, driveway and street wash water.
h. 
Flows from firefighting activities.
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
3. 
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 06-01 § 2]
This section shall be enforced by the Police Department, Public Works Director and/or Code Enforcement Officer of the Borough of Farmingdale.
[Ord. No. 06-01 § 2]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be punishable by a fine not exceeding the sum of $100, for each offense at the discretion of the Judge of the Municipal Court. Each and every day such violations continue shall be considered as separate and specific violation of this section, and the penalties herein prescribed shall apply to such separate and specific offenses.
[Ord. No. 06-01 § 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. The word "shall" is always mandatory and not merely discretionary. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Farmingdale, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Farmingdale or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 06-01 § 2]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Farmingdale any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 06-01 § 2]
This section shall be enforced by the Police Department, Public Works Director and/or Code Enforcement Officer of the Borough of Farmingdale.
[Ord. No. 06-01 § 2]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be punishable by a fine not exceeding the sum of $100, for each offense at the discretion of the Judge of the Municipal Court. Each and every day such violations continue shall be considered as separate and specific violation of this section, and the penalties herein prescribed shall apply to such separate and specific offenses.