Borough of Union Beach, NJ Chapter 3 Police Regulations

§ 3-1 PENALTY (N.J.S.A. 40:49-5)

[New; Ord. #562; Ord. #2005-65; Ord. 2006-80]

§ 3-1.1 Maximum Penalty.

For violation of any provision of this chapter and any other chapter of these Revised General Ordinances, or any other ordinance of the borough where no specific penalty is provided, the maximum penalty, upon conviction, shall be one or more of the following:

a. A fine not exceeding $2,000;

b. Imprisonment in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days;

c. A period of community service not exceeding 90 days.

§ 3-1.2 Separate Violations.

Except as otherwise provided every day or part of a day in which a violation of any provision of these ordinances exists or occurs shall constitute a separate violation.

§ 3-1.3 Application.

The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, unless a minimum penalty is provided.

§ 3-1.4 Minimum Penalty.

The borough council may prescribe that for the violation of any particular provision or section of these ordinances a minimum penalty must be imposed which shall consist of an amount fixed by that ordinance, provision or section, which minimum penalty shall not exceed $100 or 10 days community service.

§ 3-1.5 Repeat Offenders.

Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance, and the total sum of the basic fine imposed for the violation and the additional fine imposed as a repeat offender may exceed the maximum fine fixed for a violation of the ordinance.

§ 3-2 DISORDERLY CONDUCT.

[Ord. #22; Ord. #24; Ord. #697]

All of the following named acts shall be deemed disorderly and are hereby prohibited:

a. Buying or selling intoxicating liquor for beverage purposes in violation of law.

b. No person shall be under the influence of intoxicating liquor in any street, highway, thoroughfare, sidewalk or other public or quasipublic place, or upon private property, not his own, within the borough.

c. No person shall make, aid, countenance or assist in making any improper noise, riot, disturbance or breach of the peace in or upon any street, highway, thoroughfare, sidewalk, building or other public or quasi-public place, or upon private property, not his own, or disquiet or disturb any congregation or assembly of any kind whatsoever in any church or other building by any rude, disorderly or indecent behavior of any kind.

d. No person shall go about from door to door or place himself in or upon any street, highway, thoroughfare, sidewalk, building or other public or quasi-public place or upon private property, not his own, to beg or gather alms.

e. No person shall utter any loud, offensive or abusive language or address or make any offensive comments or remarks to or concerning any persons in any street, highway, thoroughfare, sidewalk, building or any other public or quasi-public place, or upon private property, not his own.

f. No person shall hinder, obstruct or interfere in any manner with any member of the police department of the borough in the performance of his duties nor shall any person willfully refuse or neglect to assist any such police officer when lawfully called upon by him to do so in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in a case of escape or when such officer is resisted in the discharge of his duty, nor shall any person resist or oppose any police officer of the borough or any person authorized by law in serving or attempting to serve any writ, bill, order or process or when making any arrest.

g. No person shall without legitimate purpose or business cross any police line or area of investigation which has been established by any member of the police department of the borough at the scene of a crime, disaster, conflagration, fire, motor vehicle accident or other incident.

h. No rental facility and rental unit shall be used in a manner which will result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public in general.

[Added 12-16-2021 by Ord. No. 2021-309]

§ 3-3 PROHIBIT USE OF GUNS UNLESS AUTHORIZED.

[Ord. #14; Ord. #454]

§ 3-3.1 Discharge of Firearms.

No person shall discharge or cause to be discharged any firearm of any kind or description within the limits of the Borough of Union Beach, unless said firearm is discharged in defense of his life or property. This provision may be waived by specific authorization by the mayor and council, which can permit controlled shooting events in connection with fund raising efforts of borough volunteer fire, first aid, and other not for profit organizations. This provision shall apply to firearms fired with blank cartridges or shells, as used in connection with athletic or sporting events, nor the discharge of firearms by the police department of the borough or any member thereof while actually engaging in fire or target practice on any property or range owned, occupied by, leased or controlled by the Borough of Union Beach or the police department thereof. This provision shall not apply to hunting by properly licensed hunters who are hunting in areas of the Borough of Union Beach where the duly constituted state authorities have preempted local authority, so long as all other state laws have been complied with as to the dates, hours, type of weapons and game hunted.

§ 3-3.2 Penalty.

Each and every person violating this section shall, upon conviction, be liable to the penalty established in section 3-1.

§ 3-4 (RESERVED)

§ 3-5 GAMES OF CHANCE.

[Ord. #275]

§ 3-5.1 Hours Permitted.

Games of chance may be conducted under any license issued under the Bingo Licensing Law and the Raffles Licensing Law on Sunday in the borough.

§ 3-6 CURFEW FOR CHILDREN UNDER 16 YEARS OF AGE.

[Ord. #121]

§ 3-6.1 Curfew Hours.

[Amended 5-16-2019 by Ord. No. 2019-280]

It shall be unlawful for any child of or under the age of 16 years to be upon or in any public street, park, public place, or quasi-public place, either on foot or in any vehicle, after the hour of 10:00 p.m., unless accompanied by a parent, guardian, a member of his immediate family over the age of 21 years, or by such other person as shall have legal custody and control of the minor child. On October 30 and October 31 of each year, or on the actual Halloween Eve night and Halloween night if changed from the above dates, the above curfew hour shall be 8:00 p.m. instead of 10:00 p.m.

§ 3-6.2 Parents' Responsibility to Enforce This Section.

[Amended 5-16-2019 by Ord. No. 2019-280]

It shall be unlawful for any parent, guardian, or such other person having the custody and control of such minor child of or under the age of 16 years to allow, suffer, or permit any such minor child to go to or be in or upon the streets, parks, public places, or quasi-public places in the Borough, after 10:00 p.m., except in the manner and for the purposes specified in this section. On October 30 and October 31 of each year, or on the actual Halloween Eve night and Halloween night if changed from the above dates, the above curfew hour shall be 8:00 p.m. instead of 10:00 p.m.

§ 3-6.3 Exception to Curfew Hours.

The provision of this section shall not apply to any minor child of or under the age of 16 years who shall be gainfully employed or who shall be a bona fide student of a school of instruction during the time necessarily required to travel between such minor child's residence and place of employment or instruction.

§ 3-6.4 Enforcement by Police Officer.

Any policeman is hereby authorized and empowered to take into custody any minor child of or under the age of 16 years who may be in the act of violating the provisions of this section. The officer shall return the child to his home and shall notify the parent or person having the legal custody and care of the child of the violation of this section, and the penalty for a subsequent violation, and shall report the violation to the captain of police of the borough who shall keep a record thereof. The child shall be released immediately in the custody of such parent or person having legal care and custody.

§ 3-6.5 Penalty.

Upon any subsequent violation of the provisions of this section by the minor child of or under the age of 16 years, or by the parent, guardian, or person having the legal custody of the child, and upon conviction thereof, the violator shall be liable to the penalty established in section 3-1.

§ 3-7 REGULATION OF TRAILERS. [1]

[Ord. #122]

[1] See also Temporary Use of House Trailers in Chapter 10, Section 10-4.

§ 3-7.1 Parking and Location of Automobile Trailers Prohibited.

a. It shall be unlawful for any person to locate a trailer or an automobile trailer, or park or occupy one as a dwelling or business establishment, within the limits of the borough, except as provided in this section.

b. No person shall park or occupy any trailer on the premises of any occupied dwelling, or on any lot which is not a part of the premises of any occupied dwelling, except the parking of only one unoccupied trailer in an accessory private garage building, or in a rear yard in any district, provided no living quarters shall be maintained, or any business practiced in the trailer while the trailer is parked or stored.

§ 3-7.2 Exceptions.

Emergency or temporary stopping or parking of an automobile trailer on any street for not longer than one hour subject to any other and further prohibition regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, roadway, or highway, shall be excepted from the prohibition of this section.

§ 3-7.3 Definitions.

An "automobile trailer" or "trailer" shall mean any vehicle or structure so designed, and constructed in such matter as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, for use as a selling or advertising device, and so designed that it is or may be or intended to be mounted on wheels and used as a conveyance on streets, propelled, or drawn by its own or other motive power.

§ 3-7.4 Penalty.

Any person found guilty of violating any provision of this section shall be liable to the penalty established in section 3-1, and every day such violation exists shall constitute a separate offense and be punishable as such.

§ 3-8 ABANDONED VEHICLES.

[Ord. #217; Ord. #2009-138]

§ 3-8.1 Purpose.

It is hereby determined and declared that the placing, abandonment, leaving, keeping or storage out of doors of any motor vehicle not registered and not having a valid inspection sticker or any other unused machinery or equipment on public or private lands in the borough is contrary to and inimical to the public welfare and aesthetics of the borough 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.

§ 3-8.2 Storage Regulations.

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 3-8.1 of this section out of doors upon any public or private land in the borough or between the right-of-way side lines of any public thoroughfare. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any article in an enclosed garage, barn or other building.

§ 3-8.3 Presumption of Abandonment.

If any article described in subsection 3-8.1 of this section shall be left, placed, kept or stored on private lands for 15 days or more, it shall be presumed that the owner or tenant in possession of the land left, placed, kept or stored it there or permitted or suffered it to be left, placed, kept or stored there.

§ 3-8.4 Notice to Property Owner Concerning Abandoned Vehicles.

Whenever it shall appear to any member of the police department of the borough that subsection 3-8.2 is being violated and that the land on which the violation exists is privately owned, he shall, in writing, notify the owner or tenant 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 the owner or tenant, 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 or tenant shall reside outside the borough or the state 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 or tenant shall so abate the violation within the time fixed by the notice. Notice to the owner shall be of such a nature that will afford the owner or holder of any security interest therein filed with the Director of Motor Vehicles a reasonable opportunity and reasonable notice to redeem the property or defend in the complaint or notice.

§ 3-8.5 Motor Vehicles Abandoned on Public Streets.

Whenever it shall appear to any member of the police department of the borough that subsection 3-8.2 is being violated and that the violation exists on public lands or between the right-of-way side lines of any public thoroughfare, he

a. Shall determine whether any articles 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;

b. 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 3-8.4 for the service of notice;

c. If any article constituting the violation constitutes or may constitute a traffic hazard and it cannot be moved to a non-hazardous location or if the name and address of the owner of the article cannot be ascertained or if the violation be not abated in the time required by the notice given under the preceding paragraph, he shall

1. Determine whether the article or articles have a value in excess of the cost of removing it or them to enclosed storage and the cost of storing it until time of sale pursuant to R.S. 39:10A-1.

2. Unless the article or articles appear to have a value clearly in excess of such cost, he shall arrange, if he can, for the removal of it or them 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;

3. If the article or articles appear to have a value clearly in excess of said cost he shall remove it or them or cause it or them to be removed at the expense of the borough to enclosed storage;

4. If the article or articles be removed under the foregoing paragraph a or subparagraph c.2 or c.3 he shall, in the manner required by subsection 3-8.4 for service of notice, give notice to the owner of that removal and of the place to which the article or articles have been removed and of the owner's right to reclaim it or them by paying the cost of removal and interim storage charges.

§ 3-8.6 Impounding.

If any article or articles impounded by the police department under this section shall remain in its possession after 30 days after notice of the impounding in the case of motor vehicles and for six months for all other articles the impounded article or articles shall be deemed to have been abandoned and forfeited by the owner and the governing body of the borough shall sell and dispose of them as provided in R.S. 40: 47-20.

§ 3-8.7 Report to Director of Motor Vehicles for Verification of Ownership.

In the event the borough police shall take possession of a motor vehicle found abandoned, such taking of possession shall be reported immediately to the director of motor vehicles on a form prescribed by him for verification of ownership. When such motor vehicle shall have remained unclaimed by the owner or other person having a legal right for a period of 30 days, the same may be sold at auction in a public place pursuant to R.S. 39:10A-1.

§ 3-8.8 Notice of Sale to the Owner.

Notice to the owner of such sale whether a resident or non-resident shall be pursuant to the rules of Civil Practice Rules by registered mail, certified mail or personal service, as the case may be under Rule 4: 4-4 etc., and its subdivisions, or on non-residents pursuant to Rule 4: 4-5 to afford a reasonable opportunity to be notified and a reasonable opportunity to be heard on the sale, by giving notice of the sale by certified mail to the owner if his name and address be known and to the holder of any security interest filed with the director and by publication in a form to be prescribed by the director by one insertion, at least five days before the date of the sale, in one or more newspapers published in the state and circulating in the municipality in which the motor vehicle is held; pursuant to R.S. 39: 10A-1.

§ 3-8.9 Reclaiming Possession.

At any time prior to sale the owner or other person entitled may reclaim possession of the motor vehicle upon payment of the reasonable costs or removal and storage of the vehicle and any fine or penalty and court costs assessed against him for a violation which gave rise to the seizure of taking possession of the vehicle; pursuant to R.S. 39: 10A-2.

§ 3-8.10 Junk Title Certificate.

If the borough takes possession of a motor vehicle pursuant to R.S. 39: 10A-3, it shall in its report to the director, certify on an application prescribed by him that the 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 $1 a junk title certificate thereto, with proper assignment thereon, which shall be assigned and delivered to the purchaser of the vehicle at public sale.

§ 3-8.11 Sale by Borough.

Upon the sale of any motor vehicle for which no junk title certificate shall have been issued, the borough shall execute and deliver to the purchaser an application for certificate of ownership prescribed by the director in the same form and manner as provided in Revised Statutes 39:10-15, which shall also contain the name and address, if known, of the former owner. Such application shall be accepted by the director for issuance of a certificate of ownership for a fee of $2.

§ 3-8.12 Claims of Interests Barred Upon the Sale.

Upon the sale of a motor vehicle pursuant to the provisions of this section all claims of interest shall be forever barred and the proceeds realized after payment of the expenses of possession and sale, shall be remitted to the treasury of the borough, as its sole property.

§ 3-8.13 Intention of this Section.

This section is intended to provide an additional remedy and shall not be construed to supersede procedures provided under any other ordinance.

§ 3-8.14 Penalty.

Any person who shall violate this section may be liable to the penalty established in section 3-1.

§ 3-9 WRECKERS.

[Ord. #402; Ord. #509; Ord. #98-789; Ord. #2000-814; Ord. #2002-10; Ord. #2003-25; Ord. #2006-80; Ord. #2009-147; Ord. #2010-152]

§ 3-9.1 Statement of Policy.

The purpose of this section is to provide for the regulation and licensing of owners, operators, and vehicles of wrecking companies servicing the Borough of Union Beach. The mayor and borough council wish to enhance and protect the safety and welfare of the general public by: (1) requiring certain qualifications to be met for a borough wrecker license; (2) instituting safer and more efficient procedures for the removal of disabled vehicles; and (3) regulating the fees to be charged for services rendered in accordance with fair and standardized schedules.

§ 3-9.2 Definitions.

For the purpose of this chapter, the following words shall have the meanings set forth herein:

a. WRECKER - Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying and removing vehicles which are unable to be operated under their own power.

b. CRUISING -Shall mean driving an unengaged wrecker along a public street, at a slow rate of speed or in any other fashion calculated to achieve the purpose of soliciting business along the public highway.

§ 3-9.3 License Required.

No person shall operate a wrecker within the borough or engage in the business of operating a wrecker within the borough unless a license has first been obtained for such wrecker as provided herein. Every vehicle operated as a wrecker shall have its own separate license, even though it is owned or operated by a person or business entity having other validly licensed wreckers. No license issued hereunder may be transferred from one licensee to another or from one wrecker to another wrecker.

§ 3-9.4 Exceptions to License Requirement.

Except as provided in subsection 3-9.14 hereof, this chapter shall not apply to any person who is not engaged in the business of operating a wrecker within the borough and who causes a wrecker owned, leased or operated by it to:

a. Tow a disabled vehicle through the borough from a point outside the borough to a destination also outside the borough.

b. Pick up a disabled vehicle outside the borough and tow it to a destination within the borough.

§ 3-9.5 Application for License.

a. All applications for wrecker licenses shall be made by the owner, lessee or bailee thereof, on blank forms to be furnished by the borough clerk. Such application shall contain the full name and address of the owner, lessee or bailee of the wrecker, as well as the full name and address of the applicant. A description of each wrecker for which a license is sought, and the location of the premises where such wrecker is usually stored, shall be set forth in the application. Applications shall be submitted to the borough clerk and shall be accompanied by the applicable fee, as set forth in subsection 3-9.10 hereof, as well as the necessary certificates of insurance required by subsection 3-9.11.

b. Number of Applications/Number of Licenses. No more than eight applications for wrecker licenses will be accepted by the borough from which the borough shall awarded a maximum of eight licenses to qualified applicants.

c. Date for Filing Application. All applications for wrecker licenses shall be submitted on or before the last day of March of said calendar year after which no further applications will be accepted for that year.

§ 3-9.6 Investigation.

The borough clerk shall, as soon as possible, submit applications to the chief of police. Within 10 business days after receipt of any application, the chief of police, or his designee, shall cause an investigation to be made and completed of the applicant, his business operation, and the wreckers sought to be licensed, for the purpose of determining compliance with this section. A report of the investigation, accompanied by a recommendation as to whether the license should be issued, shall be forwarded promptly to the borough council, which shall act upon the application within 15 business days.

§ 3-9.7 Denial of License.

Every determination of the chief of police and the borough council which results in denial of a borough wrecker license shall be accompanied by the reasons therefor, including the facts upon which the denial was based. Denials of licenses shall be based on fair and reasonable standards. Acceptable reasons for denial of a license include, but are not limited to:

a. Unworthy moral character of applicant (i.e., conviction of a crime or violation of motor vehicle statutes and/or ordinances).

b. Unsatisfactory safety record.

c. Insufficient experience in the wrecking business.

d. Any other good cause justified by the need to protect public safety and welfare.

§ 3-9.8 Duration of License.

All licenses shall be for one term from January 1 to December 31 of the year for which the license is issued. Application for renewal of licenses shall be made in accordance with the procedures for original issuance as set forth herein.

§ 3-9.9 Display of License.

All wreckers licensed hereunder shall contain a card, permit, or approved copy of the license, as determined by the chief of police, which shall be displayed within the cab of the wrecker, where it can be easily read, and shall state the license and identification numbers of the wrecker and the rates to be charged. This card, permit, or copy of the license shall be protected by a plastic pouch or folder, and shall be produced at the request of the police or a member of the public for any necessary copying of information.

§ 3-9.10 License Fee.

The fee for the issuance of a wrecker license shall be as follows:

a. Application Fee:

$250 per year, plus $25 per year for each wrecker licensed.

Fees to be retroactive to January 1, 2010.

§ 3-9.11 Insurance Requirement.

No license shall be issued for a wrecker unless there is in force, with respect to such vehicle, a valid policy of insurance, issued by an insurance company authorized to do business in the State of New Jersey, covering property damage in the minimum amount of $25,000 and a policy of public liability insurance covering personal injury in the minimum amount of $100,000 per person and $300,000 in the aggregate. Such insurance policy shall remain in force for the duration of each wrecker's license and shall contain a provision that such insurance shall not be cancelled unless upon at least 10 days' advance notice to the borough.

To be eligible for inclusion in the police department "call list," as provided for in subsection 3-9.16 hereof, each insurance policy referred to in this subsection shall specifically name the borough as an insured party. Proof of compliance with the requirements of this subsection shall be evidenced by a certificate of insurance issued by the insurance carrier at the time of application for the license.

§ 3-9.12 Safety Requirements.

Each wrecker sought to be licensed hereunder shall:

a. Be in good mechanical working order.

b. Contain emergency lights which flash, are capable of being seen at least one-quarter of a mile away, and are of sufficient height so that they are visible over the towed vehicle.

c. Contain no rotating lights or sirens except by permission granted by the State Director of Motor Vehicles.

d. Carry a fire extinguisher, with a U.L. classification of 5 B.C. or greater.

e. Carry a broom, shovel and bucket.

f. Meet such other reasonable safety standards as may from time to time be established by the borough council.

§ 3-9.13 Rates to be Charged by Wreckers.

[Ord. No. 402; Ord. No. 626; Ord. No. 678; Ord. No. 2014-212; Ord. No. 2014-214]

a. (Reserved)

b. (Reserved)

c. Customer Receipt and Price Quotation. The operator of a wrecker shall advise the customer of the charges for services to be rendered in advance of their rendition and give the customer a receipt for the fee paid.[1]

[1] Editor's Note: See Subsection 3-9.17 for towing rates.

§ 3-9.14 Additional Regulations.

No driver, operator, owner, or licensee of wrecker shall:

a. Engage in cruising as defined herein;

b. Seek employment by repeatedly and persistently driving a wrecker back and forth within a short space in front of any disabled vehicle or by otherwise interfering with the proper and orderly progress of traffic along the public highways;

c. At the scene of an accident, park a wrecker on any public street or intersection, or on any public or private property other than his own, without first obtaining the consent of a police officer or the owner of the property;

d. Solicit or attempt to divert prospective patrons of another wrecker or divert prospective patrons of one garage to another;

e. Solicit, demand or receive any commission or fee from any person, except the proper fee for service to, and transportation of, a disabled vehicle;

f. Offer to pay any gratuity, tip or emolument to any third person or to any police officer or borough employee for any information as to the location of any accident or disabled vehicle, or for soliciting the employment of services described herein. The provisions of this section shall apply to the operation of any wrecker on the streets of the borough, whether or not such wrecker is licensed or unlicensed, and without regard to whether or not the owner, operator, or licensee of such wrecker is engaged in the business of operating a wrecker within the borough.

§ 3-9.15 Suspension or Revocation of License; Hearing.

A license issued under this chapter may be suspended by the borough council for the violation of any provision of this chapter or any regulations adopted hereunder. If its license is suspended, the licensee shall be entitled, upon application in writing, to a hearing as to whether such license should be restored.

This hearing shall be before the borough council at its next regular meeting following the suspension. The borough council shall have the authority to restore such license, affirm the suspension, and/or fix the length of such suspension.

The borough council may, after hearing, revoke any license issued under this chapter for the violation of any provision of this chapter or any regulations adopted hereunder. The borough shall cause written charges to be served upon the licensee not less than five days prior to the revocation hearing. The licensee shall also be entitled to be represented by counsel and to present his defense to the charges against him.

§ 3-9.16 Call List.

To protect the safety and welfare of the general public and to ensure that disabled vehicles are quickly, efficiently, and carefully removed from the borough roadways, the borough council shall establish, and may amend from time to time, a call list of wreckers who may perform towing service for the borough. Such wreckers are to be called, in rotation, by a member of the police department in the event the owner or driver of disabled vehicle is unable, or fails, to indicate a designated wrecker to remove the disabled vehicle. A current copy of the call list shall be provided to the chief of police, who shall ensure that all members of the police department are made aware of the list. Copies of the call list shall be available for inspection by the public at the offices of the borough clerk and the borough police department. To be eligible for inclusion in the call list, a wrecker shall:

a. Hold a current and valid wrecker's license issued under the terms of this chapter.

b. Comply with the requirements of subsection 3-9.11 hereof that the requisite insurance policies specifically name the borough as an insured party.

c. Be owned and operated by a person who is engaged in the business of operating wreckers, or who has wreckers permanently situated, and readily available, within the Borough of Union Beach limits, or within a two-mile radius of its borders.

The borough council may make such reasonable regulations concerning the call list as are necessary to expedite and facilitate the rendition of services described herein, including procedures which ensure that all wreckers on the call list are summoned on a nondiscriminatory basis in rotating order. Notwithstanding the foregoing, the borough council may adopt such equitable and reasonable procedures as it deems necessary, taking into account the fact that not all wreckers appearing on the call list have the mechanical capability of responding to, or dealing with, all conditions and types of disabled vehicles.

In the case of a disabled vehicle obstructing traffic, or likely to create a traffic hazard, the police officer in charge shall have the right to summon a wrecker from the call list, notwithstanding the expressed desire of the owner or operator of the disabled vehicle that a specific wrecker be summoned, if, in the opinion of such officer, the wrecker requested will not be able to respond to the call in sufficient time to ensure the public safety and efficient flow of traffic.

d. The call list specified in this section shall provide that each respective wrecker licensee shall be on call to the exclusion of all other wrecker licensees for one week at a time to commence at 12:00 midnight Sunday morning and end at 12:00 midnight the following Sunday morning at which time the next wrecker on the list shall be on call for the next one-week period, and this rotation shall continue each week thereafter until all wrecker licensees have had the opportunity and then the rotation starts over. If for any reason a wrecker licensee cannot provide coverage that week or any part of that week, it will be wrecker licensee's sole responsibility to arrange for other coverage.

§ 3-9.17 Fee Schedule of Vehicles Removed and Stored on Behalf of the Union Beach Borough Police Department.

The following schedule of fees is hereby established for all operators engaged in the business of removing and storing motor vehicles on behalf of the Borough of Union Beach Police Department.

The maximum rates that may be charged for the use of a wrecker, whether licensed or unlicensed, for towing a disabled vehicle from a point within the borough to a destination also within the borough are as follows:

a. Basic Towing (24 hours) (Light Duty, under 4,000 lbs.): $150.

b. Winching and/or Recovery Service:

First 1/2 hour	$250
Every 1/2 hour after	$150
Plus $3 a foot cable or chain

c. Clean-Up/Absorbent Charge:

Charged in 1/2 hour increments

$75

d. Waiting Time:

Charged in 1/2 hour increments, if there is delay for removal by first aid or pursuant to instructions by police.

$65

e. Storage:

Per calendar date	Outside	$50
	Inside	$75
For inside storage $75 rate applies to first 24 hours only unless owner of auto consents to inside storage beyond 24 hours.

f. Vehicle Removal Charge:

If towed to other site at request of owner of vehicle

$65

g. Administrative Charge:

For time spent with insurance adjusters, owners cleaning out cars; and for collection letters

$50

h. After Hours Release:

Must provide this service weekdays

$50

i. No Key Charge:

Charge for vehicles with no keys, removal of linkage, and use of dollies

$80

§ 3-9.18 Enforcement.

The enforcement of the provisions of this chapter shall be under the control of the borough police department.

§ 3-9.19 Penalty.

Any person found guilty of violating any of the provisions of this section may, in addition to suspension or revocation of his wrecker license, as provided in subsection 3-9.15, be liable for a fine of not less than $100 nor more than $2,000 or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 30 days or a period of community service not exceeding 30 days.

§ 3-10 ALARM SYSTEMS.

[Ord. #419; Ord. #2006-80]

§ 3-10.1 Purpose.

The purpose of this section is to establish regulations concerning the operation and maintenance of certain alarm systems within the borough and to provide penalties upon conviction for violation of any of the provisions set forth herein.

§ 3-10.2 Definitions.

As used in this section:

ALARM SYSTEM

Shall mean any mechanical, electrical or electronic device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others about the commission of an unlawful act within a building, structure or facility or for alerting others about the existence of any other condition requiring response of police, fire or ambulance personnel and which emits and/or transmits an audible and/or visual signal or message when actuated.

ALARM SYSTEMS

Include, but are not limited to, direct-dial telephone devices, audible alarms and subscriber alarms.

AUDIBLE ALARM

Shall mean a device that emits an audible signal from the premises that it is designated to protect.

BOROUGH

Shall mean the Borough of Union Beach.

DIRECT-DIAL ALARM

Shall mean a device that, when actuated, causes a recorded message to be transmitted, via telephone to the Union Beach Police dispatcher's room, stating that emergency response is necessary.

EMERGENCY PHONE NUMBER

Shall mean the primary phone number advertised to the public for requesting emergency services.

FALSE ALARM

Shall mean an alarm signal, necessitating response by the Union Beach Police, where an emergency situation does not exist.

POLICE

Shall mean the Union Beach Police Department.

SUBSCRIBER ALARM

Shall mean an alarm system that is terminated by direct connection to the Union Beach Police dispatcher's room, in accordance with regulations prescribed in separate legislation.

§ 3-10.3 Requirements; Exceptions.

a. General Regulations.

1. It shall be the responsibility of all persons, entities, firms, corporations or other groups that maintain alarm systems within the borough to provide current information to the police, consisting of the names and telephone numbers of responsible persons who may be contacted in case of emergency or who are authorized to provide service to the alarm system; either must be on a twenty-four-hour basis. This information must be filed with the police when the alarm system is initially placed into service and must be revised immediately whenever changes are necessary.

2. Audible alarms must shut off and must be equipped with a timing device that will automatically silence the audible alarm within 10 minutes after it is actuated.

3. The direct-dial alarms shall be connected to the police emergency number (264-0313). Direct-dial alarms must be equipped with a device that will prevent more than three repeated transmissions of an alarm for the same emergencies to the police dispatcher's room. Recorded messages must also include the name and telephone number of a responsible person who may be contacted by the police in case of an emergency, on a twenty-four-hour basis.

4. It shall be the responsibility of all persons, entities, firms, corporations or other groups that maintain alarm systems within the borough to prevent the transmission of false alarms through a program of training and periodic inspections and maintenance of the system. The maximum permissible number of false alarms from any one location shall be as follows: two alarms in any thirty-day period or eight false alarms in any one-year period. False alarms in excess of these standards shall be considered to be in violation of this chapter.

b. Exceptions. The provisions of this section shall not apply to the general alerting alarms that may be used by fire companies, ambulance squads or civil defense agencies to summon response of their members. The provisions of this section shall not apply to alarm systems that are affixed to motor vehicles.

§ 3-10.4 Violations and Penalties.

Any person, entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to a fine of not more than $50 nor more than $2,000. A violation for false alarms shall be deemed to have occurred when the maximum permissible number set in subsection 3-10.3a,4 is exceeded. Thereafter each false alarm shall be considered as a separate violation. The third false alarm and each subsequent false alarm in any thirty-day period shall be a separate violation. The ninth false alarm and each subsequent false alarm in any one-year period shall be a separate violation.

If the borough chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition causing the false alarms. Subsequent to the expiration of the thirty-day period for a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or upon reinspection of the property, it is determined that the abatement has not been substantially completed.

In addition to any penalty that may be ordered by the court, the chief of police may authorize the disconnection of subscriber alarms from the police station dispatcher's room after giving written notice to the subscriber.

§ 3-10.5 Applicability.

The provisions contained herein shall apply equally to those alarm systems that were placed in service prior to or subsequent to the effective date of this section.

§ 3-11 DRUG-FREE SCHOOL ZONES AND DRUG-FREE PRIVATE PROPERTY.

[Ord. #583; Ord. #98-781]

§ 3-11.1 Drug-Free School Zone and Drug-Free Public Property Zone Map Adopted.

In accordance with and pursuant to the authority of L. 1997, C. 327, and L. 1988, C. 44 (C. 2C:35-7), the drug-free school zone and subsection e of N.J.S.A. 2C:35-7.1 drug-free public building and land zone map produced on or about March 5, 1998 by T&M Associates, Municipal Engineers, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school and public purposes and which is owned by or leased to any elementary or secondary school or school board, or public organization and of the areas on or within 1,000 feet of such school property and on or within 500 feet of the real property comprising a public housing facility, a public park or a public building.

§ 3-11.2 Location and Boundaries of Drug-Free Zones.

The drug-free zones map approved and adopted pursuant to subsection 3-11.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes and boundaries of areas on or within 500 feet of the real property comprising a public housing facility, a public park or a public building, or facility and real property of any nature appurtenant thereto 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, drug-free school zones, public buildings and/or lands, and drug-free public areas.

§ 3-11.3 Notification of Changes in Locations and Boundaries.

The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the municipal engineer and the municipal attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.

§ 3-11.4 Copies of Map on File.

The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-11.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the county clerk and to the office of the Monmouth County Prosecutor.

§ 3-11.5 Map to be Used as Evidence.

The following additional matters are hereby determined, declared, recited and stated:

a. It is understood that the map approved and adopted pursuant to subsection 3-11.1 of this section was prepared and is intended to be used in 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;

4. The location and boundaries of areas which are on or within 1,000 feet of such school property;

5. The location of public housing facilities, public parks and public buildings:

6. The boundaries of real property or public housing facilities, public parks and public buildings:

7. That such property is and continues to be used for public purposes; and

8. The location and boundaries of areas which are on or within 500 feet of public lands, property and housing.

b. Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, C. 101 (C. 2C:35-7).

c. Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as public lands, buildings and housing was owned by the borough, county or state and used for public purposes as of 1992 that being the effective date of L. 1992, C.79 (C. 40A:12A-1 et seq.) "Local Redevelopment and Housing Law."

d. Pursuant to the provisions of L. 1988 c. 44 and L. 1992 C. 79 (C. 40A:12A-1 et seq.), a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in those statutes, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-11.1 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, or land used for public purposes, 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 or public purposes.

e. All of the requirements set forth in L. 1997, C.327 and L. 1992 (C40A:12A-1 et seq.) and L. 1988 C. 44 concerning the preparation, approval and adoption of a drug-free school zone and a drug-free public zone map have been complied with.

§ 3-12 NOISE CONTROL.

[Ord. #695; Ord. #99-798]

§ 3-12.1 Definitions and Standards.

All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

A-WEIGHTED SOUND LEVEL

Shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

COMMERCIAL AREA

Shall mean any area designated for commercial or business uses under the zoning ordinance of the borough.

COMMERCIAL FACILITY

Shall mean any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit including but not limited to:

a. Banking and other financial institutions;

b. Dining establishments;

c. Establishments for providing retail services;

d. Establishments for providing wholesale services;

e. Establishments for recreation and entertainment;

f. Office buildings;

g. Transportation;

h. Warehouses;

COMMUNITY SERVICES FACILITY

Shall mean any nonresidential facility used to provide services to the public, including but not limited to:

a. Club meeting halls, offices, and facilities;

b. Organization offices and facilities;

c. Facilities for the support and practice of religion;

d. Private and parochial schools.

CONSTRUCTION

Shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition.

DECIBEL (dB)

Shall mean a unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

DEMOLITION

Shall mean any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

EMERGENCY

Shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMERGENCY WORK

Shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

ENFORCEMENT AGENCY

Shall mean the police department of the borough, and any of its authorized officers.

GROSS VEHICLE WEIGHT RATING (GVWR)

Shall mean the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

IMPULSIVE SOUND

Shall mean sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

INDUSTRIAL AREA

Shall mean an area designated for any industrial use under the zoning ordinance of the borough.

INDUSTRIAL FACILITY

Shall mean any activity and its related premises, property, facilities, or equipment involving the fabrication, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.

MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE

Shall mean any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (Pub Law 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.

MOTOR VEHICLE

Shall mean any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, or racing vehicles, but not including motorcycles.

MOTORBOAT

Shall mean any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.

MOTORCYCLE

Shall mean an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters and minibikes.

MUFFLER OR SOUND DISSIPATIVE DEVICE

Shall mean a device for abating the sound of escaping gases of an internal combustion engine.

NOISE

Shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans as specified and prohibited in N.J.A.C. 7:29-1.2.

NOISE DISTURBANCE

Shall mean any sound which endangers or injures the safety or health of humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property as specified and prohibited by subsection 3-12.8 of this section.

NOISE SENSITIVE ZONE

Shall mean any area designated pursuant to this section for the purpose of ensuring exceptional quiet.

PERSON

Shall mean any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

POWERED MODEL VEHICLE

Shall mean any self-propelled air-borne, waterborne, or landborne plane, vessel, or vehicle, which is not designated to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

PUBLIC RIGHT-OF-WAY

Shall mean any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

PUBLIC SPACE

Shall mean any real property or structures thereon which are owned or controlled by a governmental entity.

PURE TONE

Shall mean any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this section, a pure tone shall exist if the 1/3 octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

REAL PROPERTY BOUNDARY

Shall mean a line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

RESIDENTIAL AREA

Shall mean an area designated for any residential use under the zoning ordinance of the borough.

RMS SOUND PRESSURE

Shall mean the square root of the time averaged square of the sound pressure, denoted Prms.

SOUND

Shall mean an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

SOUND LEVEL

Shall mean the sound pressure level measured in decibels with a sound level meter set for A-weighting; sound level is expressed in dBA.

SOUND LEVEL METER

Shall mean an instrument used in accordance with the provisions of N.J.A.C. 7:29B-1 to measure sound pressure level, sound level, octave band sound pressure level, or peak sound pressure level, separately or in any combination thereof.

SOUND PRESSURE

Shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

SOUND PRESSURE LEVEL

Shall mean the level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.

STATIONARY EMERGENCY SIGNALING DEVICE

Shall mean any device, excluding those attached to motor vehicles, used to alert persons engaged in emergency operations. These include, but are not limited to, firefighters, first aid squad members, and law enforcement officers, whether paid or volunteer.

VIBRATION

Shall mean an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

WEEKDAY

Shall mean any day Monday through Friday which is not a legal holiday.

§ 3-12.2 Powers and Duties of the Enforcement Agency.

a. Agency. The noise control program established by this section shall be administered by the enforcement agency.

b. Powers of the Enforcement Agency. In order to implement and enforce this section and for the general purpose of sound and vibration abatement and control, the enforcement agency shall have, in addition to any other authority vested in it, the power to:

1. Studies. Conduct, or cause to be conducted, research, monitoring, and other studies related to sound and vibration.

2. Education.

(a) Conduct programs of public education regarding:

(1) The causes, effects and general methods of abatement and control of noise and vibration; and

(2) The actions prohibited by this section and the procedures for reporting violations; and

(b) Encourage the participation of public interest groups in related public information efforts.

3. Coordination and cooperation.

(a) Coordinate the noise and vibration control activities of all municipal departments;

(b) Cooperate to the extent practicable with all appropriate state and federal agencies;

(c) Cooperate or combine to the extent practicable with appropriate county and municipal agencies; and,

(d) Enter into contracts, with the approval of the borough council, for the provision of technical and enforcement services.

4. Review of Actions of Other Departments. Request any other department or agency responsible for any proposed or final standard, regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with the section.

5. Review of Public and Private Projects. Review public and private projects subject to mandatory review or approval by other departments, for compliance with this section, if such projects are likely to cause sound or vibration in violation of this section.

6. Inspections.

(a) Upon presentation of proper credentials, enter and inspect any private property or place, and inspect any report or records at any reasonable time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant or other court order may be sought by the enforcement agency from a court of competent jurisdiction upon showing of a probable cause to believe that a violation of this section may exist. Such inspection may include administration of any necessary tests.

(b) Stop any motor vehicle, motorcycle, or motorboat operated on a public right-of-way, public space, or public waterway reasonably suspected of violating any provision of this section, and issue a notice of violation or abatement order which may require the motor vehicle, motorcycle or motorboat to be inspected or tested.

7. Records. Require the owner or operator of any commercial or industrial activity to establish and maintain records and make reports.

8. Measurements by the Owner or Operator. Require the owner or operator of any commercial or industrial activity to measure the sound level of or the vibration from any source in accordance with the methods and procedures and at such locations and times as the enforcement agency may reasonably prescribe and to furnish reports of the results of such measurements to the enforcement agency. The enforcement agency may require the measurements to be conducted in its presence.

9. Product Performance Standard Recommendations.

(a) Develop and recommend to the borough council provisions regulating the use and operation of any product, including the specification of maximum allowable sound emission levels of such product.

(b) Develop and recommend to the borough council provisions prohibiting the sale of products which do not meet specified sound emission levels, where such provisions are not in conflict with the applicable federal legislation found in 42 USC § 4917(c)(1) and (2), and applicable regulations.

10. Noise Sensitive Zone Recommendations. Prepare recommendations, to be approved by ordinance for the designation of noise sensitive zones which contain noise sensitive activities. Existing quiet zones shall be considered noise sensitive zones until otherwise designated. Noise sensitive activities include, but are not limited to, schools, libraries open to the public, churches, hospitals, and nursing homes.

c. Duties of Enforcement Agency. In order to implement and enforce this section effectively, the enforcement agency shall within a reasonable time after the effective date of the section:

1. Standards, Testing Methods, and Procedures. Develop and recommend to the borough council standards, testing methods and procedures.

2. Investigate and Pursue Violations. Investigate and pursue possible violations of this section.

3. Truck Routes and Transportation Planning.

(a) Study the existing transportation systems, such as truck routes within the community; determine areas with sensitivity to sound and vibration caused by transportation; recommend changes or modifications to transportation systems to minimize the sound and vibration impact on residential areas and noise sensitive zones.

(b) Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, airports, and other systems for public transportation, to ensure that the impact of sound and vibration receives adequate consideration.

4. Capital Improvements Guidelines. Establish noise assessment guidelines for the evaluation of proposed improvements for capital improvements. These guidelines shall assist in the determination of the relative priority of each improvement in terms of noise impact.

5. State and Federal Laws and Regulations.

(a) Prepare and publish a list of those products manufactured to meet specified noise emission limits under federal, state, or community law for which "tampering" enforcement will be conducted; and

(b) Make recommendations for amendments to this section to ensure consistency with all state and federal laws and regulations.

6. Planning to Achieve Long Term Noise Goals. Develop a generalized sound level map of the borough, a long term plan for achieving quiet in the borough, and recommend integration of this plan into the planning process of the borough.

7. Administer Grants, Funds and Gifts. Administer noise program grants and other funds and gifts from public and private sources, including the state and federal governments.

8. Periodic Report. Evaluate and report, every year following the effective date of this section, on the effectiveness of the borough noise control program and make recommendations for any legislative or budgetary changes necessary to improve the program. This report shall be made to the borough council.

§ 3-12.3 Duties and Responsibilities of Other Departments.

a. Departmental Actions. All departments and agencies shall, to the fullest extent consistent with law, carry out their programs in such a manner as to further the policy of this section.

b. Department Cooperation. All departments and agencies shall cooperate with the enforcement agency to the fullest extent in enforcing this section.

c. Departmental Compliance with Other Laws. All departments and agencies shall comply with federal and state laws and regulations and the provisions and intent of this section respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations.

d. Project Approval. All departments whose duty it is to review and approve new projects or changes to existing projects, that result, or may result, in the production of sound or vibration shall consult with the enforcement agency prior to any such approval.

e. Contracts. Any written contract, agreement, purchase order, or other instrument whereby the borough is committed to the expenditure of an amount of dollars requiring competitive bidding under state law or other contracts which by their nature generate noise shall contain provisions requiring compliance with this section.

f. Low Noise Emission Products. Any product which has been certified by the administrator of the United States Environmental Protection Agency pursuant to Section 15 of the Noise Control Act as a low noise emission product and which he determines is suitable for use as a substitute, shall be procured by the borough and used in preference to any other product provided that such certified product is reasonably available and had a procurement cost which is not more than 125% of the cost of the least expensive type of product for which it is certified as a substitute.

g. Capital Improvement Program. All departments responsible for a capital improvements budget and program shall prepare an analysis of the noise impact of any proposed improvements in accordance with the noise assessment guidelines established by the enforcement agency. Proposed capital improvements include land acquisition, building construction, highway improvements, and utilities and fixed equipment installation.

§ 3-12.4 Prohibited Acts.

a. Noise Disturbances Prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.

b. Specific Prohibitions. The following acts, and the causing thereof, are declared to be in violation of this section:

1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:

(a) Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone.

(b) In such a manner as to create a noise disturbance at 50 feet or 15 meters from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; or,

(c) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier;

(d) This section shall not apply to noncommercial spoken language covered under paragraph b,2.

2. Loudspeakers and Public Address Systems. Using or operating for any purpose any loudspeaker, public address system, or similar device (1) such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or (2) between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space.

3. Street Sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the borough, except in a stadium or sports arena.

4. Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create noise disturbance across a residential real property boundary or within a noise sensitive zone. This provision shall not apply to public zoos.

5. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone. The municipal garbage contractor shall adhere to these requirements between 6:00 p.m. and 5:00 a.m. pursuant to its contract with the borough.

6. Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:

(a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or holidays, such that the sound therefrom creates a noise or a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work of public service utilities.

(b) At any other time such that the sound level at or across a real property boundary exceeds 65 dBA for the daily period of operation or as provided by N.J.A.C. 7:29-1.2.

(c) This section shall not apply to the use of domestic power tools subject to paragraph b, 17.

7. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise or noise disturbance across a residential real property boundary or within a noise sensitive zone.

8. Airport and Aircraft Operations.

(a) The enforcement agency shall consult with all airport authorities and airport operators to recommend changes in airport operations to minimize noise disturbance.

(b) Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.

9. Places of Public Entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment, including the interior and exterior portions of the premises, at a sound level greater than the dBA provided in N.J.A.C. 7:29-1.2, as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating, "Warning: Sound levels within may cause permanent hearing impairment." At no time can the levels provided in subsection 3-12.8 of this section be exceeded. Such places of public entertainment shall not exceed the levels prescribed in N.J.A.C. 7:29-1.2 beyond the property of the source if on a private property or at 50 feet or 15 meters from the source if on a public space or public right-of-way.

10. Explosives, Firearms, and Similar Devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way.

11. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise or noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Table I of subsection 3-12.8 and shall be measured at a distance of 50 feet or 15 meters from the vehicle.

12. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source if on private property or at 50 feet or 15 meters from the source if on a public space or public right-of-way. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

13. Stationary Nonemergency Signaling Devices.

(a) Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than one minute in any hourly period.

(b) Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.

14. Emergency Signaling Devices.

(a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in paragraph b, 14(b).

(b) (i) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds, (ii) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in (i) shall not apply to such complete system testing.

(c) Sounding or permitting the sounding of any exterior burglar alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within six minutes of activation.

15. Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such manner as to exceed a sound level of 65 dBA at 50 feet or 15 meters of the nearest shoreline, whichever distance is less.

16. Noise Sensitive Zones.

(a) Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to subsection 3-12.2, so as to disrupt the activities normally conducted within the zone, provided that conspicuous signs are displayed indicating the presence of the zone; or

(b) Creating or causing the creation of any sound within any noise sensitive zone, designated pursuant to subsection 3-12.2, containing a hospital, nursing home, or similar activity, so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.

17. Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise or a noise disturbance across a residential real property boundary.

18. Tampering. The following acts or the causing thereof are prohibited:

(a) The removal or rendering inoperative by any person other than for purposes of maintenance, repair, or replacement, of any noise control device or element of design or noise label of any product identified under subsection 3-12.2, paragraph c, 5.

(b) The moving or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by or for the enforcement agency, provided such device or the immediate area is clearly labeled to warn of the potential illegality.

(c) The use of a product, identified under subsection 3-12.2, paragraph c, 5, which has had a noise control device or element of design or noise label removed or rendered inoperative, with knowledge that such action has occurred.

§ 3-12.5 Sound Levels by Receiving Land Use.

a. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use as regulated for industrial, commercial, public service, or community service facilities in N.J.A.C. 7:29-1.2.

b. Correction for Character of Sound. For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in subsection 3-12.5a shall be reduced by 5dBA.

§ 3-12.6 Motor Vehicle Maximum Sound Levels.

a. No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the level set forth in N.J.A.C. 7:29-1.2.

b. Adequate Mufflers or Sound Dissipative Devices.

1. No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation;

2. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle;

3. The enforcement agency may, by guidelines, list those acts which constitute typical violations of this section.

c. Motor Vehicle Horns and Signaling Devices. The following acts and the causing thereof are declared to be in violation of this section.

1. The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger or to alert a person of the presence of the person sounding the horn.

d. Refuse Collection Vehicles. No person shall:

1. On or after two years following the effective date of this section, operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of 88 dBA when measured at 50 feet or 15 meters from any point on the vehicle; or

2. Operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse, between the hours of 6:00 p.m. and 5:00 a.m. the following day in a residential area or noise sensitive zone.

e. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 10 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet or 46 meters of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. the following day.

f. Recreation Motorized Vehicles Operating Off Public Rights-of-Way. No person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in N.J.A.C. 7:29-1.2 at a distance of 50 feet or 15 meters or more from the path of the vehicle when operated on a public space or at or across the boundary of private property when operated on private property. This section shall apply to all recreational motorized vehicles whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats.

g. Motor Vehicle Music Amplification or Reproduction Systems. The following acts and the causing thereof are declared to be a violation of this section:

1. Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a residential property line between the hours of 10:00 p.m. and 9:00 a.m.

2. Personal vehicular music amplification equipment shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 9:00 a.m. and 10:00 p.m.

3. These provisions apply to non-music playing as well as music.

§ 3-12.7 Exceptions.

a. Emergency Exception. The provisions of this section shall not apply to (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emergency work, or (c) any others provided in N.J.A.C. 7:29-1.4.

b. The provisions relating to playing of music by live bands or recorded reproductions shall not apply to community functions and block parties approved by the mayor and council by resolution which shall set forth the dates and hours when this exception shall be applicable.

§ 3-12.8 Enforcement.

a. Immediate Threats to Health and Welfare.

1. The enforcement agency shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to paragraph a, 2, to continuous sound levels in excess of those shown on Table I or to impulsive sound levels in excess of those shown in Table II. Within five days following issuance of such an order, the enforcement agency shall apply to the appropriate court for an injunction to replace the order.

2. No order pursuant to paragraph a. 1 shall be issued if the only person exposed to sound levels in excess of those listed in Tables I and II are exposed as a result of (1) trespass; (2) invitation upon private property by the person causing or permitting the sound; (3) employment by the person of the person causing or permitting the sound.

3. Any person subject to an order issued pursuant to paragraph a, 1 shall comply with such order until (1) the sound is brought into compliance with the order, as determined by the enforcement agency; or (2) a judicial order has superseded the enforcement agency order.

Table I
Noise Disturbance (Continuous Sound Levels) (measured at 50 feet or 15 meters)
Continuous Sound Level Limit (dBA)	Duration
90	24 hours
93	12 hours
96	6 hours
99	3 hours
102	1.5 hours
105	45 minutes
108	22 minutes

Use equal energy time-intensity trade-off if level varies; find energy equivalent over 24 hours.

Table II
Noise Disturbances (Impulsive Sound Levels) (measured at 50 feet or 15 meters)
Impulsive Sound Level Limit (dB)	Number of Repetitions per 24 hour period
145	1
135	10
125	100

b. Other Remedies. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.

c. Severability. If any provision of this section is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this section shall not be invalidated. It is the intent of this section to regulate noise within the Borough of Union Beach and to comply with all statutes and codes duly adopted and promulgated, including but not limited to, N.J.A.C. Chapter 29 NOISE CONTROL and Chapter 29B NOISE DETERMINATION. Should any provisions of this section be inconsistent with specific provisions of said statutes or codes, the codes shall take precedence over this section. For any provisions of this section, not contained in or covered by the codes, this section shall be applicable.

d. Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than $50 nor more than $1,000 for each offense, and/or subject to a maximum of 90 days in jail or both, and a separate offense shall be deemed committed on each day during or on which an offense occurs or continues.

§ 3-13 FEES TO BE PAID TO OBTAIN PRETRIAL DISCOVERY.

[Ord. #97-762; Ord. #2004-51]

§ 3-13.1 Pretrial Discovery Fees.

The following fees shall be paid by any person or that person's authorized attorney or representative in order to obtain pretrial discovery on the items listed below or other records requested for a lawful purpose from the Borough of Union Beach Police Department:

1-10 pages	$0.75 per page
Next 11-20 pages	$0.50 per page
After 20 pages	$0.25 per page
Photographs	$5 per photograph
Cost for any discovery sent by mail	$0.25 per envelope plus actual postage
Copy of video tape	$20
Copy of motor vehicle accident reports (N.J.S.A. 39:4-131)	$5 for first 3 pages
(If MVA reports are requested other than in person)	$1 per page thereafter

§ 3-14 DESIGNATED SCHOOL CROSSINGS.

[Ord. #99-801]

§ 3-14.1 Purpose.

Laws of New Jersey 1999 Chapter 185 mandates that vehicular homicide is a crime of the first degree under certain circumstances including commission of the offense by an intoxicated individual in violation of N.J.S.A. 39:4-50a while driving through a school crossing as defined by N.J.S.A. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossings as such.

The mayor and council of the Borough of Union Beach, upon the recommendation of the chief of police are desirous of designating school crossings for said purpose.

§ 3-14.2 School Crossings Designated.

The following school crossings are hereby designated and are further depicted on the map which is on file with the borough clerk in the Borough Hall at 650 Poole Avenue, Union Beach, New Jersey.

a. Spruce and Park Avenue.

b. Spruce and Henry Hudson Trail.

c. Spruce and Morningside Avenue.

d. Morningside and Wilson Avenue.

e. Morningside and Poole Avenue.

f. Wilson and Sydney Avenue.

g. Poole and Florence Avenue.

h. Union and Henry Hudson Trail.

i. Union and Morningside Avenue.

§ 3-15 SEX OFFENDER RESIDENCY PROHIBITION.

[Ord. #2005-65]

§ 3-15.1 Sex Offender Residency Prohibition within 1,000 Feet.

It shall be unlawful for any person subject to the registration requirements set forth in N.J.S.A. 2C:7-1, et seq., hereinafter referred to as "sex offender" to reside within 1,000 feet of any public or private primary or secondary school or other educational facility, park, playground or child care facility, hereinafter referred to as "prohibited area" located within the borough as delineated on the Drug-Free School Zone and Drug-Free Public Property Zone Map adopted pursuant to subsection 3-11.1.

§ 3-15.2 Sex Offender Relocation.

A sex offender 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, or upon the termination of any residential lease, the term of which is not longer than one year, entered into prior to the effective date of this section,[1] whichever is later, to relocate outside the prohibited area. A lease of property within the prohibited area to a sex offender, with a term longer than one year, regardless of when it was entered into, shall constitute a violation of this section by both the property owner/landlord and the sex offender. Failure to move to a location outside the prohibited area within the prescribed time period shall constitute a violation of this section.

[1] Editor's Note: Ordinance No. 2005-65, a portion of which is codified herein as section 3-15, was adopted August 18, 2005.

§ 3-15.3 Owners of Record Exempted.

The provisions of this section shall not apply to any sex offender who is an owner of record, i.e., "on the deed," of property within the prohibited area which is used as his/her primary residence prior to the effective date of this section.[1]

[1] Editor's Note: Ordinance No. 2005-65, a portion of which is codified herein as section 3-15, was adopted August 18, 2005.

§ 3-15.4 Dependent and Disabled Sex Offenders Not Exempted.

The provisions of this section shall apply to any sex offender who is a dependent of or disabled relative, guest or ward of an owner of record of property within the prohibited area.

§ 3-15.5 Violations and Penalties.

Any person, firm or corporation violating any provision of this section shall upon conviction be liable to the penalty stated in Chapter 3, section 3-1.

§ 3-16 FILMING RESTRICTIONS AND PERMITS.

[Added 11-25-2019 by Ord. No. 2019-284]

§ 3-16.1 Definitions.

As used in this section, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion picture either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses. The provisions of this section shall not be deemed to include family videos and photography and the filming of news stories or student films within the Borough of Union Beach.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground, the bayfront or any other public place which is within the jurisdiction and control of the Borough of Union Beach.

§ 3-16.2 Permit Required.

a. No person or organization shall film or permit filming on public property within the Borough of Union Beach without first having completed an application and obtained a permit from the Borough Clerk located in Borough Hall at 650 Poole Avenue in Union Beach. The permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.

b. All permits shall be applied for at and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be accompanied by a permit fee in the amount established by this section.

c. If a permit is issued and, due to the inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this new permit.

d. The filming permit fees are established under Subsection 3-16.4 and the permit is good for a period not to exceed 14 days. The Borough Council has the authority to waive or reduce the permit fee in cases where the applicant is a nonprofit or educational organization.

e. Permits shall be issued at the discretion of the Borough Administrator who may deny issuance of a permit for good cause.

§ 3-16.3 Rules and Regulations.

a. No permits shall be issued by the Borough Clerk unless applied for prior to three days before the requested shooting date; provided, however, that the Borough may waive the three-day period if, in its judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

b. No permit shall be issued for filming upon public lands, unless the applicant provides the Borough of Union Beach with satisfactory proof of the following:

1. Proof of insurance as follows:

(a) Proof of insurance coverage including but not limited to, for bodily injury to any one person in the amount of $1,000,000 and any occurrence in the aggregate amount of $3,000,000;

(b) For property damage for each occurrence in the aggregate amount of $500,000.

(c) A written hold harmless and indemnification agreement acceptable to the Borough Attorney.

2. The hiring of special duty Borough of Union Beach police officers for the times indicated on the permit, when deemed necessary by the Borough. Said officers shall be compensated in accordance with the Borough's special-duty officer rate schedule. (See resolution setting the rate, administrative fee and vehicle use fee pursuant to Subsection 2-6.14, Special Duty Assignments, Subsection e, of the Revised General Ordinances of The Borough of Union Beach.)

c. The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Union Beach Police Department and/or Fire Marshal with respect thereto.

d. The holder of a permit shall conduct filming in such a manner so as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit to the extent possible any interference with normal activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date(s) and informed that objections may be filed with the Borough, which objections will form a part of the applicant's application and be considered in the review of same.

e. The Borough will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least three days' notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within 1/2 hour after sunset. Any night shooting must be approved by the Borough. "Night shooting" is defined as all filming occurring in residential neighborhoods 1/2 hour after sunset. In no event, however, shall an applicant be allowed to film in a residential area after 11:00 p.m.

f. The Administrator may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and/or by other Borough agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the Borough reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

g. Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to Subsection h may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Administrator shall be filed within 10 days of the Administrator's decision. The Borough Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Council shall be adopted at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal unless the applicant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection h shall be deemed denied.

h. The Borough Council may authorize a waiver of any of the requirements or limitations of this section whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that a permit may be issued without endangering the public's health, safety and welfare.

i. Copies of the approved permit will be sent to the Police Department before filming takes place. The applicant shall permit the Fire Prevention Bureau or other Borough inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the Fire Prevention Bureau or other Borough inspectors.

j. In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the Borough for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Borough was prevented from earning because of the filming.

§ 3-16.4 Fees.

Refer to application form for Fee Schedule. Fee Schedule is authorized by Resolution 2019-167 and is subject to change by resolution of the governing body, as necessary.

§ 3-16.5 Violations and Penalties.

Any person violating this section or rules and regulations contained herein shall be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both.