[Ord. No. 307; Ord. No. 597 § 1; Ord. No. 11-2016; amended 10-26-2021 by Ord. No. 14-2021]
As used in this section:
Anyone performing construction and/or landscaping on a property
other than the property owner and/or their immediate family.
The construction, assembly, erection, reconstruction, alteration,
conversion, demolition, removal, repair, painting or equipping of
buildings or structures.
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.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
Any work or action necessary at the site of an emergency
to restore or deliver essential public services including, but not
limited to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, abating life-threatening
conditions or a state of emergency declared by a governing agency.
Includes:
Bells, chimes or carillons, which may include electronic devices
that imitate the sounds of bells, chimes or carillons, while being
used in conjunction with religious services;
Emergency energy release devices owned or controlled by a public
utility or government entity;
When public health or safety is involved, emergency work to
provide electricity, water, or other public utilities; to conduct
emergency construction or demolition work, including tree, debris
or rubble removal; to make emergency repairs to public roadways, beach,
boardwalk or bridges; to address emergency incidents such as the cleanup
of spills of hazardous materials;
National Warning System (NAWAS): Systems used to warn the community
of attack or imminent public danger such as flooding or explosion.
These systems are controlled by the New Jersey Department of Law and
Public Safety;
Public celebrations that are government-sponsored or government-permitted
events;
Public roadways;
Firing range or related activities at the National Guard Training
Center.
Emergency or other Borough vehicles: Police, Fire department,
beach department and public works departments vehicles, alarms and
sirens shall be considered to fall under the Borough exception.
Train or train crossing sounds.
Emergency Generator utilized by Police Department, Department
of Public Works, Municipal Offices and the National Guard training
center.
Emergency generators for residents when necessitated by a power
failure or state of emergency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their noise ordinance and enforcement procedures. A Noise Control
Investigator may only enforce sections of the ordinance that do not
require the use of a sound level meter. The employee must be acting
within his or her designated jurisdiction and must be authorized to
issue a summons.
The Chief of Police, all members of the Borough Police Department
and code enforcement official may investigate and enforce the provisions
of the Borough Noise Ordinances. Only a police officer who has received
noise enforcement training and who is trained and certified to use
the Model name/description ("approved sound level meter") shall issue
a summons based on the readings from an approved sound level meter.
Otherwise, the criteria not based on a sound level meter shall be
utilized to determine a violation.
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.
Any sound that can be detected by an officer, code enforcement
official or resident using his or her unaided hearing faculties of
normal acuity. As an example, if the sound source under investigation
is a portable or vehicular sound amplification or reproduction device,
the detection of the rhythmic bass component of the music is sufficient
to verify plainly audible sound. The NCO or NCI need not determine
the title, specific words or the artist performing the song.
Equipment actuated by an additional power source and mechanism
other than the solely manual labor used with hand tools.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either (a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; (b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling unit building; or (c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note- this definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g. adjacent business).
Any device whose primary function is the production of sound,
including, but not limited to any, musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any type of vehicle, car, wagon, carriage or other means
of transportation or locomotion, having mounted thereon or attached
thereto any sound-amplifying equipment.
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; Ord. No. 15-2011; Ord. No. 11-2016; amended 10-26-2021 by Ord. No. 14-2021]
a.
The creation of any unreasonably loud, disturbing and unnecessary
noises in the Borough is hereby prohibited.
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 unreasonably loud, disturbing, or
excessive noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health or safety of others within
the limits of the Borough.
c.
No persons shall use, or cause to be used, a sound truck or vehicle
with its sound-amplifying equipment in operation, in the Borough.
d.
For sounds measured by an approved sound level meter, the following
criteria shall apply:
|
Table I
Maximum Permissible A-Weighted Sound Levels
When Measured Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
| |
|
Time
|
8:00 a.m.-10:00 p.m.
|
10:00 p.m.-8:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels
When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility or non-residential portion of a multi-use
property
| |
|
Time
|
8:00 a.m.-10:00 p.m.
|
10:00 p.m.-8:00 a.m.
|
24 Hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
The procedure set forth in N.J.A.C. 7:29-2.9, and calculations
set forth in N.J.A.C. § 7:29-2.10, shall be applied when
utilizing an approved sound meter.
e.
Sound measurements made by The Chief of Police, his designee, members
of the police Department and code enforcement official shall conform
to the procedures set forth at N.J.A.C. 7:29-2, except that interior
sound level measurements shall also conform with the procedures set
forth in paragraph f. below and with the definition of "real property
line" as contained herein.
f.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken to least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.0(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g. television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
g.
Impulsive sound. Between 8:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 8:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II. Garbage
collection is exempted from this section and can begin at 7:00 a.m.
or, if performed by municipal employees, earlier if in the discretion
of the Borough or its designee, it is advisable for the health or
safety of municipal employees or residents.
h.
Proof of violation of this section may be determined by plainly audible
means as detected from the property line of the complaining resident
closest to the entity or property from which the noise complained
of is emanating, or from within the receptor's premises in the
event the source and the receptor share a common or abutting wall,
floor or ceiling or are on the same property.
[Ord. No. 307; Ord. No. 597 § 3; Ord. No. 605; Ord. No. 891; Ord. No. 15-2011; Ord. No. 11-2016; amended 10-26-2021 by Ord. No. 14-2021]
Editor's Note: Additional noise regulations regarding construction may be found in Chapter 12, Building and Housing, and Chapter 17, Zoning, § 17-5.4.
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. Subject to the exceptions set forth
herein, 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. As to any commercial establishment
to which this subsection applies, a certified sound meter operated
by an NCO shall be utilized for an alleged violation.
3.
Yelling, Shouting, etc. Yelling, shouting, 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 unreasonably annoy and disturb the quiet, comfort or repose of
persons in any office, dwelling, or residence, or of persons in the
vicinity.
4.
Use of power equipment including but 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. The official date of
Observance shall govern.
(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 the Saturday of
Memorial Day weekend and Labor Day. The official date of Observance
shall govern.
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 a domestic animal.
7.
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table 1 when measured within the property line of a complainant (i.e. receptor). If the noise complaint is prompted by a person located in a dwelling then Table 2 shall be measured within the receptor's residence, otherwise at the property line of the receptor's property line according to the measurement protocol in Subsection 3-1.2 of this section.
[Ord. No. 307; Ord. No. 597 § 5; amended 10-26-2021 by Ord. No.
14-2021]
a.
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.
The Chief of Police, members of the Police Department and Code Enforcement
Officer shall have the authority within the Borough to investigate
suspected violations of any subsection of this section and pursue
enforcement activities.
b.
The Chief of Police, members of the Police Department and Code Enforcement
Officer shall retain the authority within the Borough to investigate
suspected violations of any subsection of this section that without
the use of a sound level meter (i.e., plainly audible, times of day
and/or distance determinations) and pursue enforcement activities,
including the issuance of a summons.
[Ord. No. 597 § 6; Ord. No. 708 § 1; Ord. No. 15-2011; Ord. No. 09-2014; amended 10-26-2021 by Ord. No.
14-2021]
a.
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
| ||
b.
Public
Nuisance. Exclusive of any other remedy set forth herein, the operation
or maintenance of any noise source in violation of any provision of
this section shall be deemed and is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction, or in any
other manner available for the abatement of public nuisances. Any
remedy available pursuant to this section shall be considered separate
and not exclusive of any other remedy available hereunder.
[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.
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:
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.
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:
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.
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.
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.
[Amended 5-12-2021 by Ord. No. 05-2021
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.
Shall mean any person, firm, corporation, association, partnership,
company or organization of any kind.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean 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.
FRONT YARD
REAR YARD
Definition. As used in this subsection:
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.
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.
[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.
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:
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]
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:
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.
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]
[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.
