Borough of Sea Girt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 307; Ord. No. 597 § 1; Ord. No. 11-2016]
As used in this section:
COMMERCIAL OPERATOR
Shall mean anyone performing construction and/or landscaping on a property other than the property owner and/or their immediate family.
CONSTRUCTION
Shall mean the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair, painting or equipping of buildings or structures.
CONSTRUCTION EQUIPMENT
Shall mean equipment which may be mobile, semipermanent, or permanent, intended for heavy work such as earthmoving, lifting containers or materials, drilling holes in earth or rock, or concrete or paving application.
PERSON
Shall mean and include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society or any other form of association or organization.
POWER EQUIPMENT
Shall mean equipment actuated by an additional power source and mechanism other than the solely manual labor used with hand tools.
SOUND TRUCK
Shall mean any type of vehicle, car, wagon, carriage or other means of transportation or locomotion, having mounted thereon or attached thereto any sound-amplifying equipment.
SOUND-AMPLIFYING EQUIPMENT
Shall mean any machine or device for the amplification of the human voice, music or any other sound.
[Ord. No. 307; Ord. No. 597 § 2; Ord. No. 601; New; Ord. No. 11-2016]
a. 
The creation of any unreasonably loud, disturbing and unnecessary noises in the Borough is hereby prohibited. There is further prohibited any noise of such character, intensity or duration as is detrimental to the life, health or well-being of any individual.
b. 
It shall be unlawful for any person to make, continue, or cause to be made or continued, or for any person to permit, allow or suffer on premises in their control, any loud, disturbing or excessive noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.
c. 
No persons shall use, or cause to be used, a sound truck with its sound-amplifying equipment in operation, in the Borough.
[Ord. No. 307; Ord. No. 597 § 3; Ord. No. 605; Ord. No. 891; New; Ord. No. 11-2016]
a. 
The following acts, among others, but not by way of limitation, are declared to be loud, disturbing and unnecessary noises in violation of this section but the following enumeration shall not be deemed to be exclusive:
1. 
Horns, Signaling Devices, etc. The sounding of any horn or signaling device of any automobile, motorcycle, bus or other vehicle on any street or public place of the Borough, except as a danger warning; the creation by means of any horn or signaling device of any unreasonably loud or harsh sound, or the sounding of said horn or signaling device for any unnecessary and unreasonable period of time.
2. 
Radios, Audio Equipment, etc. The playing of any radio, television, phonograph, musical instrument or any machine or device for the producing or reproducing of sound, in such a manner or with such volume, during the hours after 10:00 p.m. and before 8:00 a.m. so as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence, or to disturb the peace, quiet and comfort of the neighboring inhabitants, or to play or operate the same with louder volume than is necessary for convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated.
3. 
Yelling, Shouting, etc. Yelling, shouting, hooting, or singing after the hour of 10:00 p.m. and before 8:00 a.m. or at any time or place, so as to annoy and disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
4. 
Use of power equipment not limited to landscaping equipment (including lawn mowers, blowers, edgers, clippers and saws) or construction equipment is regulated during the following times:
(a) 
Property owners and/or their immediate family members are permitted to perform construction or landscaping work between 8:00 a.m. and 6:00 p.m. on weekdays or between 9:00 a.m. and 5:00 p.m. on weekends and the public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas.
(b) 
Commercial operators are permitted to provide their services between 8:00 a.m. and 6:00 p.m. on weekdays or between 9:00 a.m. and 5:00 p.m. on Saturdays.
(c) 
Except in the case of an emergency, commercial operators are prohibited from providing their services on Sundays or on the public holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. Commercial operators are also prohibited from providing their services on Saturdays between July 1st and Labor Day.
5. 
Music or other amplified sound emanating from a vehicle which is plainly audible at a distance of 50 feet in any direction from the vehicle.
6. 
The frequent or habitual howling, barking, meowing or other noise-making by an animal.
b. 
It shall be presumed that if any of the noises referred to in paragraphs a,2 and a,3 of this subsection are emanating from any building, house or yard and are audible to persons passing on the street on which such building, house or yard is located, that such noise or noises disturbs the comfort, repose and health of others and the peace of the neighborhood.[1]
[1]
Editor's Note: Additional noise regulations regarding construction may be found in Chapter 12, Building and Housing.
[Ord. No. 307; Ord. No. 597 § 5]
It shall be the duty of the Chief of Police, members of the Police Department and Code Enforcement Officer to determine if this section has been and is being complied with and to enforce the provisions of this section, against any person found to be violating the same.
[Ord. No. 597 § 6; Ord. No. 708 § 1; New; Ord. No. 09-2014]
The Chief of Police, any Police Officer of the Borough, the Code Enforcement Officer, or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Sea Girt for any violation of this section or any subsection, or provision thereof. Unless a specific penalty is established below, any person violating any provision of this section shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5.
Borough Code
Description
Fine
Payable*
3-1
Noise
1st
$250
No
2nd
$500
No
3rd
$2,000
No
3-1.2
Disturbing the peace
1st
$250
No
2nd
$500
No
3rd
$2,000
No
3-1.3
Unnecessary noise
1st
$250
No
2nd
$500
No
3rd
$2,000
No
*Payable without court appearance.
[Ord. No. 606 § 1; Ord. No. 626 § 1]
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced on or about October 6, 1988 by Leon S. Avakian, Municipal Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
[Ord. No. 606 § 2; Ord. No. 626 § 2]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-2.1 shall continue to constitute an official finding and record of the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board, which is used for school purposes, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[Ord. No. 606 § 2; Ord. No. 626 § 2]
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.
[Ord. No. 606 § 4; Ord. No. 626 § 4]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-2.1, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and to the office of the Monmouth County Prosecutor.
[Ord. No. 606 § 5; Ord. No. 626 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-2.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
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 N.J.S.A. 2C:35-7.
c. 
Pursuant to the provisions of N.J.S.A. 2C:35-7, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-2.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.
[Ord. No. 462 § 1; Ord. No. 706 § 1; Ord. No. 809 § 1]
No person shall consume or possess in an open bottle, can, glass, cup or other container any alcoholic beverage on the streets, sidewalks, boardwalk, beach, or in any public place except where alcoholic beverages are sold for consumption on licensed premises.
[Ord. No. 09-2014; Ord. No. 15-2017; Ord. No. 02-2019]
Any person violating any provision of this section shall, upon conviction, be liable to the penalty below.
Borough Code
Description
Fine
Payable*
3-8
Consumption or possession of alcohol in public place
First Offense: $500
No
Second Offense: $750
Third Offense: $1,000
* *Payable without court appearance.
[N.J.S.A. 40:48-1.2; New]
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
[N.J.S.A. 40:48-1.2; New]
a. 
Any person who violates any provision of this section shall be subject, upon conviction, to a penalty of $250 for a first offense and $350 for any subsequent offense.
b. 
In addition to the fine authorized by N.J.S.A. 40:48-1.2 and paragraph a above, the court may suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
c. 
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Motor Vehicle Commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
d. 
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
e. 
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the Motor Vehicle Commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the Motor Vehicle Commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
f. 
No person under the legal age shall be prohibited from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
g. 
Definitions. As used in this section:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
h. 
This section shall not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[Ord. No. 329, A III § 7]
No person dressed in bathing or swimming suit, costume, trunks or garment shall be permitted in any plenary retail consumption licensed premises between the hours of 7:00 p.m. and the hour on the following day when the sale, service, delivery and consumption of alcoholic beverages may be resumed on the licensed premises, as provided by subsection 6-4.1 of Chapter 6, Alcoholic Beverage Control.
[Ord. No. 2007-18, Preamble]
The Borough Council believes it is in the public interest and in order to ensure the quality of life for all residents of and visitors to the Borough of Sea Girt to prohibit the playing of such outdoor alcohol related games and contests in view of the public and adjoining properties and to prohibit property owners and/or tenants of rental properties to make property available for such games to take place in the public view.
[Ord. No. 2007-18 § 1]
For the purposes of this section:
OWNER
Shall mean any person who owns any legal cognizable interest in any house, building or other structure including but not limited to outright ownership, ownership through a partnership, corporation or limited liability company.
PERSON
Shall include but not be limited to an owner, resident, tenant, or occupant of any rental property.
[Ord. No. 2007-18 § 1]
No person shall permit, perform, participate or engage in, or make property or premises available for the performance or conduct of:
a. 
A game or contest that involves as an element of said game or contest the consumption or use of an alcoholic beverage:
1. 
Outside of a house, building or other structure, including but not limited to front yards, side yards or decks; and/or
2. 
In such a location and/or manner, including rear yards, that the game or contest can be viewed from a public street, public sidewalk or other public thoroughfare, or from an adjacent property.
[Ord. No. 2007-18 § 1]
Any person violating the provisions of this section shall upon conviction thereof, be subject to a fine of:
a. 
$100 plus costs for a first offense;
b. 
$250 plus costs for a second offense;
c. 
$500 plus costs for a third and subsequent offense.
In addition to any person permitting, performing, participating or engaging in the acts prohibited by this section, the owner of any property and any tenants and/or occupants of a rental property upon which the acts prohibited by this section have occurred shall be subject to prosecution and upon conviction, subject to the aforesaid penalties for a violation of this section.
[Ord. No. 378 § 1]
This section shall be known as the "Borough of Sea Girt Anti-Litter Regulations."
[Ord. No. 378 § 2; Ord. No. 393 § 1; Ord. No. 10-2014 § 3]
As used in this section:
COMMERCIAL HANDBILL
Shall mean any printed or written matter which either advertises or directs attention to any merchandise, business or commercial establishment, intended to promote the sale thereof or attendance thereat for the purpose of private gain or profit.
JUNK
Shall mean any old, discarded or unused waste, iron or metal or substance, glass, paper, machines, appliances, equipment, business or household furniture or furnishings, or any parts or portions thereof or accessories thereof, unregistered motor vehicles which are unfit for highway transportation, unused parts of motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
LITTER
Shall mean garbage, refuse, rubbish and all other waste material, including all putrescible and nonputrescible solid wastes including but not limited to brush, weeds, clipped grass, tree trunks and limbs, leaves and all vegetation whatsoever, ashes, paper, paper products, tin cans, bottles, containers, abandoned automobiles, wood, glass, bedding, crockery, similar materials, and any debris or residue from a cigar, cigarette, pipe or other tobacco products.
NONCOMMERCIAL HANDBILL
Shall mean any printed or written matter, including circulars, pamphlets, newspapers, magazines or other matters of literature not included in the aforesaid definition of a commercial handbill.
PERSON
Shall mean any person, firm, corporation, association, partnership, company or organization of any kind.
PUBLIC PLACE
Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VEHICLE
Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
[Ord. No. 378 § 3; Ord. No. 393 § 2]
No person shall throw, deposit, leave or abandon litter or junk upon any curb, curbside, street, sidewalk or other public place within the Borough except in public receptacles or in authorized private receptacles for collection; provided, however, that this subsection shall not be construed to prohibit the placing of such litter and junk as the Mayor and Council have determined for removal by the Department of Sanitation or by such private person or business organization specifically authorized by the Mayor and Council when placed within 24 hours of the time scheduled for removal and in such manner so as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 378 § 4]
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
[Ord. No. 378 § 5]
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveways. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter and junk.
[Ord. No. 378 § 6]
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter and junk.
[Ord. No. 378 § 7]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
[Ord. No. 378, § 8]
No person shall drive or move any truck or other vehicle within the Borough unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
[Ord. No. 378 § 9]
No person shall throw or deposit litter or junk in any fountain, pond, pool, lake or other body of water lying within or bordering upon the Borough.
[Ord. No. 378 § 10]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough, nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any street, sidewalk, or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
[Ord. No. 378 § 11]
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
[Ord. No. 378 § 13]
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so.
[Ord. No. 378 § 14; Ord. No. 630 § 1]
a. 
No person shall throw, leave, deposit or abandon litter or junk on any private property within the Borough, including any property where a business is located, whether owned by such person or not, except that the owner or person in control of private property may deposit or leave litter and junk in any building, structure, container or receptacle in such a manner that that which is so left or deposited will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property, and so that such litter and junk will not be visible.
b. 
Litter at Construction Site. It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. 378 § 15]
The owner or person in control of any private property shall at all times maintain the premises free of litter and junk.
[Ord. No. 378 § 16]
No person shall leave, store or place upon any property, for a period in excess of 96 hours, where a business is conducted, any equipment, furniture, furnishings or manufactured stock in trade that is used, acquired or in any way comes into the possession or under the control of the person owning or in control of such property, unless the same shall be within a building or other structure.
[Ord. No. 378 § 17; New]
It shall be the duty of the Police Department, Code Enforcement Officer, Health Officer or any other official as authorized by the Borough.
[Ord. No. 378 § 18; Ord. No. 533 § 1; New; Ord. No. 09-2014; Ord. No. 15-2017; Ord. No. 02-2019]
Any person violating any of the provisions of this section shall, upon conviction, be subject to the fines stated below. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
Borough Code
Description
Fine
Payable*
3-13
Littering
$300
Yes
3-13.3
Littering on public property
$300
Yes
3-13.7
Throwing litter from vehicle prohibited
$300
Yes
* Payable without court appearance.
[Ord. No. 535 §§ 1-3; New]
a. 
Prohibited. Parking of motor vehicles in the front yard of lots as hereinafter defined within the Borough is prohibited.
b. 
Definition. As used in this subsection:
FRONT YARD
Shall mean an open space of ground on a lot lying between the nearest roofed portion of a building and the street line of the lot and extending laterally from side lot line to side lot line. The term "front yard" is not intended to include a driveway, paved or unpaved, leading either to a parking area at the side or at the rear of a lot or to an attached or detached garage.
REAR YARD
Shall mean an open space of ground on a lot lying between the nearest roof portion of a building and the rear property line of the lot extending laterally from side lot line to side lot line. The term rear yard is not intended to include a driveway, paved or unpaved, leading either to a parking area at the side or at the rear of a lot or to an attached or detached garage.
c. 
Violation and Penalty. Any person, firm or corporation who shall violate the provisions of this subsection shall be liable for the penalty stated in Chapter 1, Section 1-5. Each day that a violation exists shall constitute a separate violation.
[Ord. No. 440 §§ 1-7; Ord. No. 15-2015]
a. 
Not Permitted Outdoors on Any Residential Lot in Residential Zones. No truck exceeding 24 feet in length may be stored outdoors on any residential lot in residential zones in the Borough of Sea Girt. Boats or boat trailers less than 18 feet in length may be parked or stored outside the confines of an enclosed structure only in accordance with the following provisions:
1. 
All boats or trailers shall be stored in rear yards only; no boat, snow mobile or trailer shall be parked in the front area of a lot. In the case of a corner lot, the smaller of the two lot lines co-existent with the street line shall be considered the front lot line.
2. 
Only one boat and one boat trailer may be stored on a residential lot.
3. 
The boat or boat trailer shall not exceed 18 feet in length, six feet in width or six feet in height from the ground.
4. 
To obscure any boat or boat trailer from view to the maximum extent possible, any boat, or boat trailer stored in a rear yard and not in an enclosed structure shall be screened by plantings a minimum of six feet high.
5. 
Pre-existing, non-conforming businesses located in a residential district are excluded from the provisions of this paragraph a.
6. 
Personal watercraft is defined as a motorized recreational water vehicle normally ridden by straddling a seat, including but not limited to those vehicles commonly referred to as jet skis, jet boats or jet scooters and must comply with the provisions of paragraph a, 1-5 above, inclusive.
7. 
Snowmobile is defined as a motor vehicle with a revolving tread in the rear and steerable skis in the front for traveling over snow, including but not limited to those vehicles commonly referred to as skimobile or snowcat and must comply with the provisions of paragraph a, 1-5 above, inclusive.
b. 
Parking on Street. No truck exceeding 24 feet in length or trailer, personal watercraft, snowmobile or boat of any length shall be parked on any public street in the Borough of Sea Girt for more than 24 consecutive hours.
c. 
Violation and Penalty. Any person violating this subsection shall be liable for the penalty stated in Chapter 1, Section 1-5.
d. 
Enforcement. This subsection shall be enforced by the Sea Girt Police Department or Zoning/Local Code Official.
[Ord. No. 241; New]
a. 
Presence as Fire Hazard and Detriment to Public Health and Residential Character. The presence upon lands lying in Residence Districts 1 and 2 and within the corporate limits of the Borough of semitrailers, commercial motor vehicles, motordrawn vehicles, tractors or trailers is hereby decreed to be detrimental to public health, safety and the general welfare and likely to present a fire hazard and erodes the residential character of said districts.
b. 
Removal. The owner or tenant of lands lying in Residence Districts 1 and 2 and within the corporate limits of the Borough are hereby required to remove or cause to be removed from such land any semitrailers, commercial motor vehicles, motor-drawn vehicles, tractors or trailers within 10 days after receipt by such owner, tenant or tenants of written notice from the Board of Health or the Fire Department of the Borough.
c. 
Service of Notice. Notice to the owner or tenant to cause the removal of the vehicles referred to in the foregoing paragraphs shall be given by the Board of Health, the Fire Department, Code Enforcement Officer of Police Officer, and may be served upon any owner or tenant either personally or by registered mail; and if, by the latter method, the ten-day period within which such removal shall be accomplished shall be deemed to have commenced to run from the date of the return receipt of such registered mail obtained by the postal authority for the delivery of such registered notice.
d. 
Violations and Penalties. Any person, firm or corporation who shall violate any of the provisions of this subsection or fail to comply with any notice given by the Police Department, Code Enforcement Officer, Board of Health, Health Officer or Fire Department of the Borough, shall, upon conviction thereof, be liable to the penalty as stated in Chapter 1, Section 1-5.
[Ord. No. 856 § 1]
As used in this section:
RECREATIONAL VEHICLE
Shall mean a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes, and used solely as a family or personal conveyance (as defined in N.J.S.A. 39:1-1).
[Ord. No. 856 §§ 2, 3]
a. 
It shall be unlawful for any person to locate a recreational vehicle, or park or occupy one as a dwelling or business establishment within the Borough, except as provided in this section.
b. 
No person shall park or occupy any recreational vehicle on the premises of any occupied or unoccupied dwelling or on any lot which is not a part of the premises of any occupied or unoccupied dwelling.
[Ord. No. 856 § 4]
Emergency or temporary stopping or parking of a recreational vehicle on any street, for not longer than one hour shall be excepted from the prohibition in this section; provided, however, that parking or stopping shall not violate any traffic or parking regulations of the Borough and provided further that no person shall stop or park any recreational vehicle on any street in such manner as to impede the normal flow of traffic thereon.
[Ord. No. 483 § 1]
No person shall occupy or use any van, trailer, camper, mobile home or other vehicle or part thereof, while parked anywhere in the Borough, either on public or private property, for sleeping or dwelling purposes.
[Ord. No. 856 § 6; New]
Any person who violates any of the provisions of this section shall upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5. Each day that the violation is permitted to exist shall be considered a separate offense.
a. 
Helmet Required. A person under 17 years of age shall not operate, or ride upon a bicycle as a passenger, unless that person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.
b. 
Violations; Penalties. A person who violates a requirement of paragraph a shall be warned of the violation by the enforcing official. The parent or legal guardian of that person also may be fined a maximum of $25 for the person's first offense and a maximum of $100 for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided in this section for a failure to wear a helmet may be waived if an offender or his parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred.
(N.J.S.A. 39:4-10.2)
(The municipality may exclude certain trails and bikeways from the helmet requirements by stating the excluded areas in an ordinance pursuant to N.J.S.A. 39:4-10.1)
a. 
Helmet Required. A person under 17 years of age shall not operate any roller skates or skateboard unless that person is wearing a properly fitted and fastened helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, the American Society for Testing and Materials (ASTM) standard or other such standard, as appropriate. (N.J.S.A. 39:4-10.5)
b. 
Violations; Penalties. A person who violates the provisions of this section by failing to wear an approved helmet shall be warned of the violation of the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for a first offense and a maximum of $100 for a subsequent offense. The penalties provided under the provisions of this subsection for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred. (N.J.S.A. 39:4-10.6)
[Ord. No. 342]
As used in this section:
FIREARM
Shall mean and include any pistol, revolver, shotgun, machine gun, automatic and semiautomatic rifle or other firearm as the term is commonly used, or any gun, device or instrument in the nature of a weapon, from which may be fired or ejected any solid projectile, ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. The term "firearm" shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol, carbon dioxide or compressed-air gun or pistol, or any other device which employs as a propelling force a spring, elastic band, carbon dioxide, compressed or other gas, vapor or compressed air, and which is capable of ejecting any bullet, pellet or missile whatsoever with sufficient force to injure a person.
PERSON
Shall mean and include any individual, corporation, partnership, firm or association of any kind or nature whatsoever; the plural as well as the singular in any gender.
[Ord. No. 342]
No person shall use, shoot, fire, discharge or otherwise employ any firearm or other device as defined in subsection 3-21.1 hereof within the limits of the Borough.
[Ord. No. 342]
No person shall possess, carry, sell, exchange, store or retain any firearm or other device as defined in subsection 3-21.1 hereof except in accordance with the provisions N.J.S.A. 2C:39-1 et seq. and N.J.S.A. 2C:58-1 et seq.
[Ord. No. 342]
The provisions of this section shall not apply to the authorized use, possession and storage of firearms within the confines of the National Guard Training Center and Supply Depot located within the borders of the Borough.
[Ord. No. 386]
No person shall improve, alter or otherwise make use of Borough owned real estate in any way without first obtaining the consent of Mayor and Council in accordance with the procedure hereinafter set forth.
[Ord. No. 386]
This prohibition shall include but not be limited to the removal or addition of trees, limbs, plants, bushes or any other growth or material whatsoever, as well as digging, cultivating or otherwise disturbing or rearranging the soil or altering the topography.
[Ord. No. 386]
Any person seeking the consent of Mayor and Council to improve, alter or otherwise make use of Borough-owned real estate shall first make written application to the Borough Clerk. The application shall include a detailed description of the proposed improvement, alteration or use and a clear and accurate survey of the Borough-owned land in question, showing the boundary lines clearly with references and distances to the nearest monuments or landmarks. The Clerk shall first present the application to the Shade Tree Commission which shall make its own independent examination into the matter and recommend to Mayor and Council that the application be granted or denied, whereupon Mayor and Council may by resolution either grant or deny the application. The Borough Clerk shall by letter inform the applicant of the decision.
[Ord. No. 386]
All such authorized improvements, alterations and uses shall be strictly limited to the specific area shown on the survey and the detailed description of the proposed improvement as finally incorporated in the consent granted.
[Ord. No. 922 § 1; New]
Any person violating this provision may be directed to restore the alteration to its original condition and if not, the Borough may undertake the required work and recover the costs of same by charging the costs against the lands and become a lien on the lands owned by the person so convicted and become part of the taxes next to be assessed.
[Ord. No. 531, § 1]
Raffles as defined in N.J.S. 5:8-51 and N.J.A.C. 13:47-1.1 may be held, operated or conducted in the Borough on Sunday provided all of the requirements and conditions set forth in N.J.S. 5:8-51 et seq., "Raffles Licensing Law" and N.J.A.C. 13:47-1.1 et seq. are complied with.
[Ord. No. 244]
It shall be unlawful for the owner, owners, tenant, occupant, agent, manager, engineer or operator of any premises, stationary engine, locomotive or other machine, furnace or contrivance where any burning is done, to permit the emission of dense smoke from any smokestack or chimney connected with any stationary engine, steam boiler, locomotive, steam roller, steam derrick, tar kettle or other similar machine or contrivance or from any smokestack or chimney of any apartment house, business or factory building or private residence within the corporate limits of the Borough, which smoke contains soot, cinders, fly ash or other substance in sufficient quantities to permit the deposit of such soot, cinders, fly ash or other substance on any surface within the limits of the Borough.
[Ord. No. 37 § 1; New]
It shall be unlawful for any person to build any bonfire, or to burn any grass, brush or rubbish, within the Borough of Sea Girt, without a permit first obtained from the Fire Official, Code Enforcement Officer or other official as may be designated by the Borough Council.
[Ord. No. 37 § 2]
Any person or persons who shall violation this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 113 § 1; New]
No person shall unnecessarily impede or obstruct public travel upon the public sidewalk or the public street. No person shall impede or obstruct public travel in the public streets of the Borough by the placing of obstructions therein.
[Ord. No. 113 § 3; New]
No person shall play or operate any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, or aid, countenance, permit or assist in the playing or operation of any radio, radio loudspeaker, radio attachment or other instrument transmitting sound, including drums, within the Borough in a loud and objectionable manner which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the Borough.
[Ord. No. 113 § 4]
No person shall play or conduct or permit to be played or conducted any orchestra or band within the Borough between the hours of 10:00 p.m. and 8:00 a.m. provided, however, that nothing in this section contained shall prevent the playing of any orchestra in said Borough composed entirely of stringed instruments either with or without piano, and one drum and traps, but excluding cymbals and bells.
[Ord. No. 111 § 5 New]
a. 
No person shall appear on any street or public place in this Borough in a state of nudity, or in any indecent or lewd dress, or cause any indecent or lewd exposure whatever, or be guilty of any lewdness or indecent act or behavior, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or thing, or shall exhibit or perform any indecent, immoral or lewd play, act or representation.
b. 
It shall be unlawful, and shall be a public nuisance, for any person to urinate or defecate in public places or streets, or on the lawn areas or yard areas of private homes and property or in the public view.
[Ord. No. 111 § 6]
No person or persons shall injure or destroy or assist in injuring or destroying any public property belonging to this Borough.
[Ord. No. 111 § 7; Ord. No. 687 § 1; New; Ord. No. 09-2014; Ord. No. 15-2017; Ord. No. 02-2019]
Unless a specific penalty is established below, any person violating the provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5 with a specific penalty established of $400 for urinating in public.
Borough Code
Description
Fine
Payable*
3-27.4
Urinating in public
First Offense: $500 Second Offense: $750 Third Offense: $1,000
No
* Payable without court appearance.
[Ord. No. 04-2011 § 1]
The Borough possesses significant governmental interests in preserving and protecting and peace and good order for the benefit of all residents of the Borough. An ordinance to establish content neutral time, place and manner regulations governing demonstrations is hereby enacted for that purpose. Any person or persons engaged in conduct consisting of a demonstration, picketing and the like shall conform such conduct to the time, place and manner requirements set forth hereinafter. Any violation of this section is punishable, upon conviction, by a fine not to exceed $1,000.
[Ord. No. 04-2011 § 2]
No demonstration, picketing, protesting or similar conduct shall occur between the hours of 9:00 p.m. and 8:00 a.m.
[Ord. No. 04-2011 § 3]
No demonstration, picket line, protest or similar conduct shall interrupt or interfere with the free flow of vehicular and pedestrian traffic upon public roadways, sidewalks and other public areas or block or impede access to any private property without the consent of the owner. No structure defined as any assemblage of materials for use in demonstrating, picketing, protesting or aiding similar conduct, shall be erected on public property or within the public roadways, sidewalks or any other public areas. Use of hand held signs containing a maximum area of 25 square feet shall however be permitted notwithstanding the foregoing.
[Ord. No. 04-2011 § 4]
No person or persons engaged in acts of demonstration, picketing or the like shall disrupt the peace or engage in conduct serving no legitimate purpose other than to annoy, alarm, incite, disrupt or disturb others under the circumstances.
[Ord. No. 04-2011 § 5]
No person or persons shall engage in a demonstration, picketing or other similar conduct in front of residential homes. No demonstration, picketing or similar conduct shall take place within 200 feet of any church or house of worship or within 200 feet of any funeral procession or school building during school hours.
[Ord. No. 04-2011 § 6]
Any demonstration, picket line or similar conduct shall be engaged in responsibly with due regard for public property and the rights of others. Persons engaged in such conduct shall not discard debris on the public street or other public areas. Any and all litter, debris or other items or materials associated with such demonstration, picket or other conduct shall be removed at the conclusion of the demonstration, picket or similar event.
[Ord. No. 04-2011 § 7]
The provisions of this section shall be enforced by the Police Department of the Borough of Sea Girt.