Borough of South Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
Editor's Note: On requirements to clean up pet waste, see Chapter 5, Section 5-9.
[1975 Code § 3-2.1]
It shall be unlawful for any person to use loud, offensive, disorderly, threatening, abusive, or insulting language or conduct himself in any offensive, disorderly, threatening, abusive or insulting manner, in or within the view of any public street or other public place or place where the public is invited.
[1975 Code § 3-2.2; Ord. No. 4-90 § 4.1]
It shall be unlawful for any person to:
a. 
Provoke a breach of the peace on any public or private sidewalk, street or parking lot within the Borough of South Toms River.
b. 
Congregate with other persons on a public or private sidewalk, street or parking lot with an intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned and refuse to move from the public or private street, sidewalk or parking lot after being requested to do so by any authorized "Enforcing Official".
c. 
Congregate with other persons on a public or private sidewalk, street or parking lot within the Borough so as to prevent the free and unhampered passage along and over a sidewalk, street or parking lot by the public.
d. 
Refuse to move on when so ordered by any Enforcement Official provided that the Enforcement Official has exercised reasonable discretion under the circumstances in order to preserve or promote public peace and order.
e. 
For the purposes of this subsection, public sidewalks, streets and parking lots shall include, but are not limited to, those sidewalks, streets and parking lots under the control of the Board of Education, and the Recreation Commission and any other municipal agency of the Borough.
f. 
No person or persons, whether owner, tenant, occupant or guest, shall suffer or take part in any riotous or other disorderly conduct that shall disturb the peace and quiet of any family or neighborhood or any of the inhabitants of this Borough.
[1975 Code § 3-2.12; Ord. No. 4-90 § 4.3; New]
It shall be unlawful for any person, by noisy or disorderly conduct, to disturb or interfere with the quiet or good order of any place of assembly, public or private, including schools, churches, places of worship, libraries and reading rooms.
[1975 Code § 3-2.13; Ord. No. 4-90 § 4.4]
It shall be unlawful for any person to interfere with, hinder, disturb or obstruct the proceedings, functions or deliberations of the Borough Council or any other official body of the Borough; nor shall any person molest, obstruct, hinder or interfere with any Borough Official or Officer engaged in the performance of his duty or knowingly resist or oppose any person authorized by law to make arrests or to serve any writ, bill, order or process when the person so authorized is acting in the performance of his duty.
[1975 Code § 3-2.4]
It shall be unlawful to pry into or interfere with the privacy or security of any person for no lawful purpose by peeping, spying upon, watching or keeping under observation any such person within his home.
[1975 Code § 3-2.5]
It shall be unlawful to enter into or upon any building or lands for the purpose of damaging, defacing, or destroying the building or lands or any appurtenances thereto.
[1975 Code § 3-2.7]
It shall be unlawful to damage, deface, destroy or remove any milestone, post, guideboard, street marker, bridge, private way, pier, rock or other monument or any public utilities facilities.
[1975 Code § 3-2.8]
It shall be unlawful to enter into or upon any garden, orchard, improved or cultivated lands of another and willfully damage, sever, destroy or remove any tree, shrub, vine, flower, moss, turf, grain, grass, hay, fruit or vegetable.
[1975 Code § 3-2.9]
It shall be unlawful to dig, take, or remove earth, soil, stone, or minerals from the land of another without his consent or permission.
[1975 Code § 3-2.25]
No person shall create any disturbance, riot, breach of the peace, or disorderly assemblage in the streets or in any house or place in the Borough.
[1975 Code § 3-2.26]
No person shall operate or conduct a gaming house, or so use any house or other building in such manner as to be a public annoyance in the Borough.
[1975 Code § 3-2.27]
No person shall cause or permit any premises owned, rented, or used by them, or under their control, to be used for common drinking, or the manufacture, sale, or otherwise producing or dispensing alcoholic liquors, nor shall any person or persons cause or permit any premises owned, rented or used by them or under their control, to be used for common drinking, or tippling, within the Borough.
[1975 Code § 3-2.28]
No person shall conduct or participate in any game of chance for money or other valuable thing, or indulge in profane or indecent language, or indecently expose their persons, or otherwise act in an immoral or indecent manner or practice prostitution, or become drunk or beg for money, within the Borough.
[1975 Code § 3-2.29]
No person shall, within the limits of this Borough, use or pretend to use or have any skill in physiognomy, palmistry, or like crafty science, or pretend to tell destinies or fortunes; or not having sufficient property or means for their subsistence or support, live idly or not engage in some honest employment, or not provide for themselves or for their family, or leave or threaten to leave their family to be maintained by the Borough or to become chargeable thereto.
[1975 Code § 3-2.15]
It shall be unlawful for any person to go about from door to door, or place himself in a street or passageway of any building, or to accost or annoy any person upon any street by begging or soliciting alms or charity.
[1975 Code § 3-2.30]
No person who shall have come from any place without the Borough and who has no legal settlement herein shall live idly without employment, and refuse to work for the usual and common wages given to other persons for like work in this locality. No person shall go about door to door to beg or gather alms.
[1975 Code § 3-2.31]
No person shall carry on his person or in any vehicle owned by him, any concealed offensive or dangerous weapon, provided that this section shall not apply to officers of the law, nor to any person having a written permit from the proper authorities to carry such weapon.
[Ord. No. 9-09 § 1]
No person shall solicit or canvass upon any private property within the Borough of South Toms River where such owner, occupant or resident of any residence or business has indicated his or its intention that such solicitation or canvassing is not welcome. For the purpose of this section, an intention that such solicitation or canvassing is not welcome will be satisfied by either actual communication by the owner, occupant or resident of a business or dwelling or where such notice against solicitation and canvassing is given by posting in a manner reasonably likely to come to the attention of the person soliciting or canvassing. For the purposes of this section, posting in a manner reasonably likely to come to the attention of solicitors or canvassers shall be deemed satisfactory if the owner, occupant or resident of a dwelling or business has posted a sign stating "No Soliciting" or "No Solicitation" in at least one inch letters in proximity to the front door or front entrance of a business or residence such that is reasonably likely to come to the attention of persons approaching said business or residence.
[Ord. No. 11-2015]
a. 
Definitions.
For the purposes of this subsection, the following words and phrases are defined as follows:
CANVASSING
Shall mean door-to-door soliciting or solicity by the use of circulars, visitations, or any other means, where the canvasser or his or her employer has not been invited or requested by the owner (as defined below), to obtain a listing of real property or to confer with the owner regarding a real estate transaction.
OWNER
Shall mean the lessee, sublessee, assignee, managing agent or other person having the right of ownership or possess or to sell, rent, or lease any real property.
PURCHASER
Shall mean any occupant, prospective occupant, lessee, prospective lessee, buyer, prospective buyer, or any agent thereof.
b. 
License and Notice Requirements.
1. 
Any person, corporation, partnership, limited liability company, or other institution or entity that canvasses in order to obtain listings of real property, or to bring about the sale, lease, or purchase of real property, must provide advance written notice to the Borough Clerk before engaging in such activities. The advanced notice must provide the following information:
(a) 
The names and addresses of the persons engaging in the canvassing or soliciting.
(b) 
The names and addresses of the individuals or companies by which such persons are employed.
(c) 
A listing of the street or streets in the Borough in which the canvassing or soliciting will take place.
(d) 
The starting and ending dates in which the canvassing or soliciting will take place.
2. 
The notice required hereunder must be filed with the Borough Clerk no less than 14 business days prior to the scheduled start date.
3. 
Provided the notice requirements have been satisfied, the Borough Clerk shall issue a permit allowing the canvassing or soliciting to take place. This permit shall be valid for a period not to exceed 30 days from the date of issuance. Once expired, the permit must be renewed following the same notice requirements.
c. 
Do Not Knock Registry.
1. 
Any owner of real property within the Borough who refuses to be canvassed or solicited for the sale or rental of their property may enroll in the Borough's "No Knock" registry established pursuant to this subsection and this said portion, the provisions of which are incorporated herein.
2. 
Current "no knock" registrants are protected against the canvassing or soliciting activities regulated by this subsection without having to re-register.
3. 
The unauthorized canvassing or soliciting of property owners who are valid "no knock" registrants constitutes a violation of this subsection.
d. 
Prohibited Discrimination; Prohibited Acts.
No person shall engage in the following acts:
1. 
Promote, influence, or attempt to promote or influence a property owner, occupant, or tenant to list for sale, sell, or remove from a lease real property by referring to race, color, sexual orientation, ethnicity, or religious affiliation of neighbors, prospective buyers or other occupants or prospective occupants of real property.
2. 
Induce directly or indirectly, or attempt to induce or directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion, or national origin in the area has resulted or may result in:
(a) 
The lowering of property values.
(b) 
A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located.
(c) 
An increase in criminal or antisocial behavior in the area.
(d) 
A decline in the quality of the schools serving the area.
3. 
Make any representation (or misrepresentation) concerning the listing or sale of the anticipated listing for sale or the sale of any real property in any residentially zoned areas for the purpose of inducing or attempting to induce the sale or listing for sale of other real property in such area.
4. 
Make any representation to any prospective purchaser that any block, neighborhood or area has, will, or might undergo an adverse change with respect to the religious, racial, or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
5. 
Place a sign purporting to offer for sale any property that is not in fact offered for sale.
6. 
Advertise for sale or rental property which is non-existent or which is not actually for sale or rental.
7. 
Engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.
8. 
To solicit or canvass any owner whose name and property address is included on the list maintained by the Borough Clerk of persons requesting that they not be canvassed or solicited.
9. 
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this subsection.
10. 
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this subsection or to obstruct or prevent any person from complying with the provisions of this subsection.
11. 
Refer, directly or indirectly or by implication, to race, color, creed, ethnicity, or sexual orientation in any advertisement or other solicitation offering real property for sale or rental.
12. 
Solicity or attempt to solicit the sale or rental or the listing for sale or rental of real property without furnishing in written form to the owner or occupier of such real property the name of the person or organization soliciting such sale, rental or listing.
e. 
Exemptions.
This subsection does not apply to real estate that is publicly advertised for sale or to "open houses," sponsored by the owner or listed real estate agent for a specific home on a specific day.
[1975 Code § 3-2.10; Ord. No. 4-90 § 4.2]
It shall be unlawful for any person to drink, buy or consume any alcoholic beverage or have in his or her possession any open alcoholic beverage container with unconsumed alcoholic beverage contained therein the following places, locations, situations or settings:
a. 
Upon any portion of lawn or public ground within the Borough, including but not limited to public places, playgrounds, municipal grounds surrounding municipal buildings, grounds under the control of the Board of Education, grounds under the control of the Recreation Commission, streets and sidewalks within the Borough and in grounds, parks and recreation areas without the express consent of Mayor and Council of the Borough of South Toms River.
b. 
In a private motor vehicle while it is in motion or in any public street, lane, parking area, parking lot or other public or quasi-public place, or in any public transportation or taxi.
c. 
Upon any private property not owned by such person without the expressed permission of the owner or other person having authority to grant such permission.
d. 
At certain specifically designated recreation areas, the Mayor and Council may issue a special permit for the consumption of alcoholic beverages at a picnic or other activity sponsored by a nonprofit corporation or organization, provided that proper application has been made for same, and applicant is in compliance with all related requirements.
e. 
No person shall discharge any alcoholic beverage container upon any public street, lane, sidewalk, public parking lot or other private property not his own without the express permission of the owner.
[1975 Code § 3-2.19]
It shall be unlawful for any person under the age of 21 years to purchase, possess, or consume any alcoholic beverage any place in the Borough.
[1]
Editor's Note: See also Chapter 6, Alcoholic Beverage Control, Section 6-6 for additional restrictions concerning persons under the legal age.
[Ord. No. 12-05 § 1]
The Borough of South Toms River has carefully reviewed the provisions of N.J.S.A. 2C:7-1, commonly referred to as "Megan's Law" and concurs with the findings and declarations of the State Legislature that the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, and the dangers posed by persons who prey on others as a result of mental illness and/or capacity requires a system of registration and other restrictions in order to adequately protect the health, safety and welfare of the residents of South Toms River. There currently does not exist any State Laws which concern or touch upon the prohibition of certain convicted sex offenders from residing in or living near or adjacent to areas where children regularly meet and congregate. The Borough Council believes that it is in the best interest of it's residents to adopt additional regulations regarding convicted sex offenders so as to better protect the health, safety and welfare of the children of the municipality.
[Ord. No. 12-05 § 1 A, B]
a. 
No person over the age of 18 who has been convicted of a violation of any crime against a minor as listed in N.J.S.A. 2C:7-2, and who, as a result of said conviction, is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1, et seq., Registration and Notification of Release of Certain Offenders, shall be permitted to reside or live within 1,000 feet of any school, park, playground or daycare center located within the Borough of South Toms River.
b. 
A person who resides or lives within 1,000 feet of any school, park, playground or daycare center within the Borough shall have 60 days from receipt of written notice of the prohibition set forth herein to relocate their residence. Failure to move to a location which is in compliance with this section within the time period prescribed shall constitute a violation of this section.
c. 
This section shall not apply to a person who has established a residence prior to July 15, 2005.
[Ord. No. 12-05 § 1; New]
Any violation of this section shall be liable for the penalty established in Chapter 1, Section 1-5.
[Ord. No. 14-99 §§ 1, 2]
The New Jersey Legislature has adopted and the Honorable Christine Todd Whitman, Governor, has signed into law revisions to the New Jersey Drug Enforcement Statute, N.J.S.A. 2C:35-1 et seq.
The aforementioned statutory revisions, in part, make it a second degree crime to distribute, dispense and/or possess with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within 500 feet of real property comprising a public housing facility, a public park, a public building and a third degree crime to distribute, dispense, and/or possess with the intent to distribute a controlled dangerous substance or controlled substance analogue while in, on or within 1,000 feet of real property comprising of public schools/grounds.
[Ord. No. 14-99 was adopted on October 19, 1999; Ord. No. 14-99 §§ 3
7]
a. 
In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free Public Facility Zone Map produced by Michael F. O'Donnell, P.E. under the date of October 18, 1999 as the South Toms River Municipal Engineer is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for public facility purposes, herein defined as public housing facilities, public parks and public buildings, all of which are defined in N.J.S.A. 2C:35-7, and of the areas on or within 500 feet of the aforementioned facilities, as well as areas on or within 1,000 feet of the public schools/grounds.
b. 
The Drug-Free Public Facility Zone Map approved and adopted pursuant to this subsection shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of public facilities as defined herein and within 1,000 feet of any and all public schools/grounds and if modified this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public facility properties and Drug-Free Public Facility Zones.
c. 
Clerk to Notify Engineer and Attorney of Changes Required on Map. The Borough Clerk of the Borough of South Toms River is hereby directed and shall have the continued obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property used for public facility purposes, as defined herein.
d. 
Copies on File. The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to this subsection and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such 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 Ocean County Prosecutor.
e. 
Additional Matters.
1. 
It is understood that the map approved and adopted pursuant to this subsection was prepared for and is intended to be used as evidence in the prosecutions arising under the criminal laws of this State and pursuant to State law, such map shall constitute prima facie evidence of the following:
(a) 
The location of public housing facilities, public parks, public buildings, and school buildings/ground all as defined in N.J.S.A. 2C:35-7.
(b) 
The boundaries of the real property which is referenced in this subsection herein.
(c) 
That such property is and continues to be used for public purposes.
(d) 
The location and boundaries of areas which are on or within 500 feet of such property used for public facility purposes, as defined herein and on or within 1,000 feet of such property used for school buildings/grounds as defined herein.
2. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all property depicted on the map approved and adopted herein as property used for public facilities as defined herein owned by, controlled and or leased to or by the Borough, and being used for public purposes as of the effective date of the adoption of this Ordinance.
3. 
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 the statute, including use of a map or diagram other than the one approved and adopted pursuant to Section 3 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public facility purposes and which is owned by or leased to the Borough, whether the absence of such depiction is 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 the Borough or that such property is not used for public facilities purpose.
4. 
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free Public Facility Zone Map have been complied with.
[1]
Editor's Note: See also Chapter 16 Solid Waste Management.
[1975 Code § 3-2.14; Ord. No. 1-06; New]
a. 
Purpose. The purpose of this subsection is to establish requirements to control littering in the Borough so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. As used in this subsection:
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
c. 
Prohibited Acts and Regulated Activities.
1. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
2. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this subsection, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this subsection.
d. 
Enforcement. This subsection shall be enforced by the Police Department and Code Enforcement Officer of the Borough of South Toms River.
e. 
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to the penalty in Chapter 1, Section 1-5.
[1975 Code § 3-2.14h; Ord. No. 9-91 § 3-43]
a. 
Receptacles; Public Places. The use of litter receptacles shall be required at the following public places which exist in the Borough. The proprietor of these places or sponsors of these events shall be responsible for providing and serving the receptacles such that adequate containerization is available.
1. 
Buildings used by the public including schools, government buildings, and railroad and bus stations.
2. 
Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter-mile without a receptacle.
3. 
All parks, beaches and bathing areas.
4. 
All drive-in restaurants.
5. 
All street vendor locations.
6. 
All self-service refreshment areas.
7. 
All construction sites.
8. 
All shopping centers.
9. 
All gasoline service station islands.
10. 
All campgrounds and trailer parks.
11. 
All marinas, boat moorage and fueling stations, all boat launching stations and all public and private piers operated for public use.
12. 
All special events to which the public is invited, including sporting events, parades, carnivals, circuses, barbecues and festivals.
b. 
Prohibition to Dispose or Dump Solid Waste. It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture or private property in any place not specifically designated for the purpose of solid waste storage or disposal.
c. 
Construction or Demolition Sites. 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 after the 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 or refuse.
d. 
Overflowing Waste Disposal Bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
e. 
Streets; Sidewalks and Curbs. It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts, and alleys free from litter and other offensive material. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any litter or accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free from litter. All sweepings shall be collected and properly containerized for disposal.
f. 
Loading of Motor Vehicles. It shall be unlawful for any vehicle to be driven, moved, stopped or parked on any street unless such a vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. No. 117]
No person shall place, discharge or deposit by any process or in any manner, any offal, food, paper, wood, or any waste material in any slip, basin, bay, lagoon, river, stream, channel, or other water in or of this Borough.
No person shall permit or suffer any boat to be tied up, docked or kept at his or its premises, on which one or more persons stay, if:
a. 
Any waste material is or shall be discharged from the boat or by its occupant into or upon any of the waters of this Borough.
b. 
Any condition is caused by the maintenance of the boat at the location which is either dangerous to the health of or interferes with the comfort of any human being residing or being in the vicinity.
[1975 Code § 3-1.11; Ord. No. 4-90 § 4-11; New]
a. 
General Noise Prohibitions.
1. 
The making, creating or permitting any unreasonably loud, disturbing or unnecessary noise within the Borough is hereby prohibited.
2. 
The making, creating or permitting of any noises of such character, intensity or duration that is detrimental to the life, health or welfare of any individual or which, either steadily or intermittently, annoys, disturbs, injures or endangers the comfort, repose, peace or safety of any individual is hereby prohibited.
b. 
Specific Noise Prohibitions.
1. 
Unless exempted under the provisions of this subsection, no person shall cause to be made, directly or indirectly, any of the following noises which have been deemed to be unnecessary and in violation of this subsection. This enumeration shall not be deemed to be exclusive:
(a) 
Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the municipality, except as a danger warning, the creation by means of any such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary period of time.
(b) 
Sound-Reproducing Devices. The using, operating or permitting to be played of any radio receiving set, musical instrument, phonograph, live band, speaker system or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or, at any time, with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or devices operate and who are voluntary listeners thereto. The operation of any such instrument as enumerated heretofore between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet or more from the vehicle or structure within which the same is located shall be prima facie evidence of a violation of this section.
(c) 
Yelling and Shouting. Yelling, shouting, hooting, whistling or singing on public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or to disturb the quiet, comfort or repose of persons in any office or in any dwelling or other type of residence or of any persons in the vicinity.
(d) 
Exhaust. The discharge into the open air of any exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(e) 
Construction or Repair. Operating or use of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, power tool or any tools or equipment which shall make any loud or disturbing noise on any Sunday or legal holiday, and on any Monday through Saturday between the hours of 7:00 p.m. and 7:00 a.m. in conducting any excavation, demolition, erection, alteration, repair or other building operation within 1,000 feet of any dwelling or business property, except in the case of urgent necessity in the interest of public safety and then only upon obtaining the consent of the proper authority of the Borough or the Police Department, as the case may be, which permission must be renewed every three days.
(f) 
Blowers. The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is multiple and such engine is equipped with a muffler device sufficient to deaden such noise.
c. 
Exceptions.
1. 
Nothing herein contained shall be construed to apply to:
(a) 
The use of bells, chimes or sound amplifiers by churches and places of worship and related activities.
(b) 
Activities in the public parks, playgrounds or public buildings under the permission or authority of the municipal officials.
(c) 
Activities of the municipal departments in performance of their duties, drills or public demonstrations.
(d) 
Any public utility as defined in Title 48 of the New Jersey Statutes or to any employee of such public utility when such public utility or its employees shall be engaged in performing work to prevent the threatened interruption of services or to terminate the interruption of services rendered to its customers.
[1975 Code § 3-2.14f.]
It shall be unlawful for any residential property owner to park or permit the parking of any vehicle on his or her residential lawn.
[Ord. No. 4-90 § 4.8]
It shall be unlawful for any person, at any time, to use any automobile, truck or other vehicle located on any public or private road or street or any public or private lot or premises in the Borough for sleeping or living purposes.
[Ord. No. 4-00; Ord. No. 8-00 § 2]
No person owning or having the care, custody or control of any unregistered motor vehicle shall permit such vehicle to operate upon any sidewalk, street or thoroughfare, in or upon any public property, or in or upon the property of persons other than the owner of such motor vehicle.
Unless a registered motor vehicle is operating upon a public roadway or thoroughfare, no person owning or having the care, custody or control of any registered or unregistered motor vehicle shall permit such vehicle to operate upon any public property, park, wooded area, trail, right-of-way, easement, natural area, preserve or in or upon the property of persons other than the owner of such motor vehicle.
The owner or custodian of any motor vehicle shall be responsible for the damages done by such motor vehicle.
Any person who violates or refuses to comply with any provision of this subsection shall, upon conviction therefor, be liable to a penalty of not less than $100 for the first offense, and no more than the penalty stated in Chapter 1, Section 1-5, for any single offense.
[Ord. No. 11-99]
a. 
It shall be unlawful for a person to drive, operate or park a motor vehicle within or upon any public lands within the Borough of South Toms River unless the Borough has provided for and specifically designated areas for motor vehicle traffic and parking within the public lands. Any person operating, parking or otherwise causing a motor vehicle to remain on public lands within the Borough of South Toms River in any area other than a designated travel way or parking space shall be deemed to have violated the provisions of this subsection.
b. 
Any person convicted of violating paragraph a of this subsection shall be subject to a fine not to exceed $250. Each day the vehicle remains upon public lands without removal shall constitute a separate violation.
[Ord. No. 9-13]
a. 
No person shall stop, stand or park, when authorized signs are in place giving notice of the restriction, any oversized vehicle, defined as a motor vehicle in excess of 22 feet in length and over 84 inches in height. The registered owner of the oversized vehicle or other person having control of the oversized vehicle shall also be in violation of this section if he or she has knowledge that the oversized vehicle had been so parked and the person parking had the express or implied permission to operate the oversized vehicle.
b. 
The Council may authorize, by resolution, the land, streets, or portions of the streets, upon which the parking of oversized vehicles shall be restricted. Upon Council action designating streets with oversized vehicle parking restrictions, the Borough of South Toms River shall cause appropriate signs to be erected in those designated areas, indicating the parking limitation prominently on the sign and stating that motor vehicles with valid permits shall be exempt from the restrictions.
c. 
Notwithstanding the above, the parking of oversized vehicles, as defined in paragraph a of this subsection, shall be allowed for the limited purposes of loading and unloading, provided that the loading and unloading is done so within a reasonable amount of time.
d. 
Any person convicted of violating paragraph a, b, or c of this subsection shall be subject to a fine not to exceed $250. Each day the vehicle remains upon public lands without removal shall constitute a separate violation.
[Ord. No. 167 § 1]
As used in this section:
PARENT OR GUARDIAN
Shall mean any adult person having the care or custody of a minor under the age of 18 years, either by reason of blood relationship, court order or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include street, highway, road, alley or sidewalk. Public place shall also mean and include any and all public grounds, areas, parks, parking lots, etc., and shall also include vacant private property not owned by or under the control of the person charged with violating this section or, in the case of a minor under the age of 18 years, not owned or under the control of such minor's parent or guardian.
[Ord. No. 167 § 2]
Operation of mini-bike, all-terrain vehicle, unlicensed trail bike, unlicensed dune buggy, and any other unlicensed motor vehicle is prohibited. No person shall operate a mini-bike, all-terrain vehicle, unlicensed trail bike, unlicensed dune buggy, or any other unlicensed motor vehicle, nor shall any person permit another to operate a mini-bike, all-terrain vehicle, unlicensed trail bike, unlicensed dune buggy, or any other unlicensed motor vehicle, at any time in or on any public place in the Borough except at such places as designated by regulation of the Recreation Commission to be used for such purposes under the supervision and control of the Recreation Commission.
[Ord. No. 167 § 3]
Before any person shall be charged with the violation of this section, any Police Officer of the Borough shall first order such person to refrain from operating a minibike, all-terrain vehicle, unlicensed trail bike, unlicensed dune buggy, or any other unlicensed motor vehicle, in violation hereof. Any person who, after receiving such notice, shall continue to operate such mini-bike, all terrain vehicle, unlicensed trail bike, unlicensed dune buggy or any other unlicensed motor vehicle in or on any such public place shall be guilty of a violation of this section.
[Ord. No. 167 § 4]
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be so notified by the Chief of Police or any other person designated by him to give such notice.
[Ord. No. 167 § 5]
If at any time the giving of notice to such parent or guardian, the minor to whom such notice relates shall again violate this section, it shall be presumed in the absence of evidence to the contrary, that the minor did so with the knowledge and permission of his parent or guardian and such parent or guardian shall be considered as having violated this section.
[Ord. No. 4-90 §§ 4.6, 4.7]
a. 
It shall be unlawful for any person to cast, shoot or throw anything at, against or into any vehicle, airplane or other facility of transportation with intent to damage the vehicle or the passengers therein.
b. 
It shall be unlawful for any person to place, throw, suffer or permit the depositing of any stone, sticks, glass, snow or ice or any hard, dangerous or offensive substance upon any street or other public thoroughfare. No person shall throw any such object or substance at or against any person, vehicle of transportation, building or other structure.
[1975 Code § 3-2.3; New]
a. 
Definitions. As used in this subsection:
LOITERING
Shall mean acting in such a way so as to do any one of the following:
1. 
Create or cause to be created a danger of a breach of the peace.
2. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
3. 
Obstruct the free passage of pedestrians or vehicles.
4. 
Obstruct, molest, or interfere with any person lawfully in any public place as defined in paragraph a. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
PARENT OR GUARDIAN
Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Shall mean any place to which the public has access and shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern, or other place of business, and public grounds areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section in or in the case of minor, not owned or under the control of his parent or guardian.
b. 
Discretion of Police Officer. Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in paragraph a in the definition of "Loitering" he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place.
c. 
Violation. Any person who is loitering, as defined above, and who also refuses to leave the place of such loitering when ordered by a Police Officer acting within his discretion pursuant to paragraph b., shall be guilty of violating this subsection.
d. 
Notice of Violation. Whenever any minor under the age of 18 years is charged with a violation of this subsection, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
e. 
Penalty. Any person violating any of the provisions of this subsection, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 206 §§ 1 - 4; Ord. No. 13-92; Ord. No. 3-10]
a. 
Established. There shall be a curfew in the Borough of South Toms River which curfew is effective for all lands located within the Borough. No person under the age of 18, unless accompanied by a parent or guardian, shall appear on any street, public or quasi-public place or upon any private property, without the permission of the owner thereof on the following days and hours in any given year:
1. 
From January 1st through May 31st, curfew hours are from 10:00 p.m. to 6:00 a.m.
2. 
From June 1st through September 10th, curfew hours are from 12:00 midnight to 6:00 a.m.
3. 
From September 11th through October 28th, curfew hours are from 10:00 p.m. to 6:00 a.m.
4. 
From October 29th through November 1st, curfew hours are from 8:00 p.m. to 6:00 a.m.
5. 
From November 2nd through December 31st, curfew hours are from 10:00 p.m. to 6:00 a.m.
Any minor returning home, without delay, from a religious, educational or recognized social activity will be exempt from the provisions of this section.
b. 
The Borough Council may, by Resolution, impose more restrictive hours which shall control the enforcement of this section during any given year, provided that such Resolution does not impose a curfew beyond the conditions set forth herein.
c. 
It shall be unlawful and a violation of this curfew ordinance for any juvenile under the age of 18 years to be in any public place within the Borough of South Toms River during the hours when the juvenile is required to be in attendance at either a public or nonpublic school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.
[Ord. No. 206 §§ 5 — 7]
Any person violating this section shall be considered a disorderly person. Any apprehended violator, for the first offense, shall be transported to Police Headquarters, to be released to the custody of his or her parent or guardian. Any apprehended violator, for any subsequent offense, shall face charges of juvenile delinquency.
[1975 Code § 3-9.1]
As used in this section:
PARENT OR GUARDIAN
Shall mean any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
[1975 Code § 3-9.2]
No minor shall maliciously damage any property with the Borough.
[1975 Code § 3-9.3]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to maliciously damage property within the Borough.
[1975 Code § 3-9.4]
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
[1975 Code § 3-9.5]
If at any time a minor is charged with a second violation of this section, and the parent or guardian of the minor was notified of the first offense as required by this section, then the parent or guardian of the minor shall be presumed to have knowingly allowed and permitted the minor to maliciously damage the property in violation of the parental obligation set forth in this chapter.
[Ord. No. 15-05 § 1]
As used in this section:
HOBBYIST ACTIVITIES
Shall mean any recreational activity pertaining to or encompassing a hobby including but not limited to model car racing, model plane flying, etc.
SKATEBOARD
Shall mean a single platform which is mounted on wheels, having no mechanism or other device with which to steer or control the direction of movement thereof while being used, operated or ridden.
SPORTING ACTIVITIES
Shall mean any team or individual sports including but not limited to baseball, football, street hockey, handball, shuffleboard, frisbee throwing, etc.
[Ord. No. 15-05 § 2]
a. 
No person shall use, operate or ride upon any skateboard, or participate in any hobbyist activity on the grounds surrounding the Borough of South Toms River Municipal Building, Municipal Recreation Areas or School.
b. 
In the event that an individual violates the above section the skateboard or hobbyist equipment shall be confiscated and held by the Borough of South Toms River Police Department for a period of seven days.
Any person, firm or corporation violating any of the provisions of this section shall be subject to the following penalties:
a. 
First offenders shall have their skateboards or hobbyist equipment confiscated for a period of seven days as stated in subsection 3-13.2b. If the first offender is under the age of 18 said skateboard or hobbyist equipment will be returned to his or her parent or legal guardian only.
b. 
In addition to the prohibition of skateboards or hobbyist equipment as stated in subsection 3-13.2a, subsequent offenders under the age of 18 years of age who violate any of the provisions of this ordinance shall be subjected to discipline by the authority having jurisdiction over juvenile matters.
c. 
In addition to the confiscation of skateboards or hobbyist equipment as stated in subsection 3-13.2b, subsequent offenders 18 years of age or older who violate any of the provisions of this ordinances shall be subjected to a fine not exceeding $100 in the discretion of the Municipal Court Judge before whom such a person may be convicted.
[Ord. No. 15-05 § 4]
No person shall participate in sporting activities on the grounds surrounding the Borough of South Toms River Municipal Building, Municipal Recreation Areas or School.
[Ord. No. 15-05 § 5]
Any person, firm or corporation violating any of the provisions of subsection 3-13.4 shall be subject to the following penalties:
a. 
Offenders under the age of 18 years of age who violate any of the provisions of this section shall be subject to discipline by the authority having jurisdiction over juvenile matters.
b. 
Offenders over the age of 18 years of age who violate any of the provisions of this section shall be subjected to a fine not exceeding $100 in the discretion of the Municipal Court Judge before whom such a person may be convicted.
[Ord. No. 6-05 §§ 1
5]
a. 
Purpose. The Borough of South Toms River has determined that it is necessary to protect and preserve the safety and welfare of its residents, including children, Borough employees, Borough contractors during snow emergencies and other inclement weather. The Borough of South Toms River has further determined that the utilization of private recreation equipment, including but not limited to portable basketball hoops, skateboarding ramps, street hockey equipment, and other personal recreation equipment, within the Borough's right-of-way, endangers the public health and safety particularly during snow emergencies. Such equipment also endangers the public health and safety and impedes the flow of traffic even when such equipment is not being currently utilized.
It is the purpose of this section to protect the public health and safety of vehicle operators on the roadways of the Borough, to protect the private property owned by residents of the Borough, as well as the health and safety of the users of that recreation equipment.
b. 
It shall be the responsibility of the owner of any personal recreation equipment such as portable basketball hoops, skateboarding ramps, street hockey equipment, to remove from the public right-of-way anytime such equipment is not currently in use.
c. 
Prohibition During State of Emergency. No person shall leave, permit or allow any private recreation equipment to remain within the public right-of-way on any street within the municipality during a period of snowfall or for a period of 12 hours thereafter.
d. 
No persons shall place or permit the placement of any private recreation equipment within the public right-of-way among any roadway within the Borough which has a speed limit exceeding 25 mph.
e. 
Violations or Penalties. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 for the first offense. Upon conviction of a second or greater offense, a minimum fine of $300 shall be imposed and a maximum of $500 shall be imposed. The continuation of such violation for each successive day shall constitute a separate offense and any person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. The violation of any provision of this chapter shall be subject to abatement, summarily, by a restraining order or injunction issued by a court of competent jurisdiction.
[Ord. No. 4-90 § 4.9]
It shall be unlawful for any person to urinate in the open or on any public or private place, lot or premises, or street in the Borough.
[1975 Code § 3-2.21; Ord. No. 4-90 § 4.10]
It shall be unlawful for any person to at any time, undress or change his or her clothes or wearing apparel on a bench or boardwalk or in waters adjacent thereto or in any automobile, truck or other vehicles located on any public or private highway, road, street or any public or quasi-public lot or in the open on any public or private lot or premises, highway, road or street in the Borough.
[1975 Code § 3-2.22]
It shall be unlawful for any person to commit any act constituting lewd, immoral or indecent conduct, unlawful destruction of property, willful injury to or unlawful interference with any person, a hazard to the public health, or disturbance of the peace not otherwise expressly prohibited herein.
[1975 Code § 3-2.6; Ord. No. 4-90 § 4.5]
It shall be unlawful for any person to write or cause to be written any lewd or obscene word or words, mark or marks whatsoever upon any house, building, wall, fence or other place in the Borough or deface any structure by marks, drawings or graffiti.
[1975 Code § 3-2.16]
It shall be unlawful for any person to import, publish, distribute, exhibit, circulate or assist in the distribution, exhibition or circulation, or have in his possession for sale, distribution, exhibition, or circulation any books, magazines, newspapers, pictures, recordings, or motion pictures which are obscene, indecent, vulgar, lewd or otherwise immoral in tone or effect. Any of the aforesaid acts shall be deemed to violate the provisions of this section if:
a. 
The dominant theme of the material taken as a whole appeals to a prurient interest.
b. 
The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.
c. 
The material is utterly without redeeming social value.
[1975 Code § 3-10.1]
It shall be unlawful for any establishment within the Borough, regardless of whether it is a public or private facility, to operate as a massage salon, bath parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the same or opposite sex.
[1975 Code § 3-10.2]
This section shall not apply to a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the State of New Jersey or to a licensed nurse acting under the direct prescription and direction of any physician, surgeon, chiropractor or osteopath, or any person licensed by the State of New Jersey to give massages. This section shall not apply to barbershops or beauty parlors in which massage is given to the scalp, the face, the neck or the shoulders.
[1975 Code § 3-2.17]
It shall be unlawful for any person to set off or discharge any firearm or fireworks except with the permission of the Police Committee of the Borough Council and under the supervision of a Police Officer.
[1975 Code § 3-7.1]
No person shall at any time within the territorial limits of the Borough possess or place traps, snares, pit-falls or any other device intended to take a wild or domestic animal, bird or fowl. Nothing herein contained shall prohibit the trapping of any bird, animal or fowl by use of a cage-type commonly called "cage trap," "cage door trap" or "live trap" designed to capture animals alive and unharmed. Nor shall anything contained herein prohibit the use or possession in or under any building of standard household mouse and rat traps for the purpose of controlling mice and rats, nor shall this section apply to the possession of traps for display or exhibition purposes by a nonprofit organization or to a person in the act of turning over possession of traps prohibited to a local law enforcement agency.
[1975 Code § 3-7.2]
Any person violating the provisions of this section shall be subject, upon conviction thereof, to the penalties defined in Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of South Toms River. Whenever a trap, the use of which is prohibited by this section, shall be found within the confines of the Borough, the same may be confiscated by any person and delivered to the law enforcement division of the Borough of South Toms River. The possession or use of each trap, snare or other prohibited device shall be considered a separate violation and shall be punishable as a separate offense.
[1975 Code § 3-2.20]
It shall be unlawful for any person to willfully and maliciously give or make or cause to be made a false fire, first aid, air raid, or Police alarm.
[1975 Code § 3-12.1]
Games of Chance commonly known as bingo and raffles, as provided by the Laws of the State of New Jersey, 1954, Chapter 5 and 6 may be held, operated and conducted in the Borough on the first day of the week commonly known and designated as Sunday provided the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission and, specifically, providing that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
[1975 Code § 3-12.2; Ord. No. 12-14]
a. 
No person shall place in the public roads or rights-of-way a stationary vehicle, equipment or other structure for the purposes of selling goods or wares.
b. 
This section shall not prohibit a vendor of goods, such as ice cream, etc., who sells such goods from a moving vehicle, from parking the vehicle for a sufficient time to allow this individual to service a customer who has stopped his vehicle for the purposes of buying goods. However, the operator of this vehicle shall remove the vehicle from its parked location once the sale to the consumer has been completed.
c. 
The prohibition set forth in paragraphs a and b above shall not apply to the owner or operator of a stationary vehicle selling goods or wares at Mathis Plaza pursuant to a lease agreement with the Borough which has been awarded and entered into as permitted by law.
d. 
Charitable organizations may operate fund-raising "coin tosses" within rights-of-way of public roads, or other fund-raising activities at various locations within the Borough if the organization files for a permit with the Code Enforcement Officer and receives a permit prior to the commencement of the fund-raising activity. Any fund-raising to be conducted within the Borough of South Toms River must comply with N.J.S.A. 45:17A-18 et seq. and must file a copy of all statutorily required documents with the Borough Clerk.
[1975 Code § 3-2.33]
a. 
There shall be no smoking or the carrying of any lighted cigarette, cigar, pipe or other tobacco in any public meeting room in the Borough Hall in the Borough of South Toms River.
b. 
"No Smoking" signs shall be placed in the appropriate locations in the public meeting rooms in the Borough Hall.
c. 
The penalty for the violation of this subsection shall be a fine not to exceed $50 recoverable in the Municipal Court.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 6-08.
[Ord. No. 2-09 § 1]
The purpose of the within section is to establish a motor vehicle towing operators list and uniform charges for said service. The Borough's towing procedure is based upon an all-inclusive list of willing gasoline service stations and public garages with towing capability to serve the Borough's needs on a rotational basis. Towing shall be to the Borough's facilities unless specifically otherwise requested by the owner of the vehicle. From time to time, the Borough shall establish a written agreement with said towing operators which will run for a minimum of one year or until a successor agreement is executed.
[Ord. No. 2-09 § 2]
ADMINISTRATIVE CHARGES
Shall mean charge for post accident services including, but not limited to, services such as physical inspection, telephone and/or fax calls, removal of personal items and additional paperwork. Said fee shall be $5.
BASIC TOWING SERVICE
Shall mean the removal and transportation of a vehicle from a highway, street or other public or private road or a parking area or from a storage facility, and other services normally thereto, but does not include the recovery of an automobile from a position beyond the right-of-way or berm or from being impaled upon any other object within the right-of-way berm.
IMPOUND
Shall mean a vehicle is towed at the direction of the Police to the Borough's impound facility for unregistered motor vehicles, uninsured motor vehicles, vehicles operated by unlicensed or revoked drivers, vehicles operated by drivers under the influence of alcohol or drugs, and vehicles used in CDS arrests. Impounds shall also include vehicles operated by a person with an outstanding warrant who is not able to post bail, unless arrangements can be made for a licensed driver to remove the vehicle in a reasonable amount of time.
LICENSEE
Shall mean a towing service which has been granted an application by the Borough to tow and impound.
OFF-ROAD RECOVERY
Shall mean the removal of a vehicle from a position beyond the right-of-way or berm of any roadway, but does not include any area where the recovered vehicle, if operable, could be driven from, without the assistance of special equipment or others.
RECOVERY
Can be achieved by several actions which include but are not limited to winching and rigging. A recovery is when the tow operator applies his knowledge in a skillful manner to preserve the condition of the motor vehicle while moving the damaged vehicle to a towable position.
TOW
Shall mean a vehicle is towed in a situation not involving an impound, such as a disabled vehicle which is properly registered and insured.
VEHICLE REMOVAL CHARGE
Shall mean charge for a motor vehicle towed into the storage facility of the primary tower or Borough impound yard that is not movable and must be towed out of the primary tower's storage facility or Borough impound yard to a public street for towing by the secondary tower. The charge for said tow is $35.
WAITING TIME
Shall mean additional, time a tow operator spends at the scene other than the time required for the actual, tow and/or recovery. Examples of waiting time may include, but are not limited to, EMS services which must be performed and/or Police investigations.
WINCHING
Shall mean the process of moving a motor vehicle by the use of the cable from a position that is not accessible for direct hook-up by conventional means for loading onto a tow vehicle. Winching is not pulling a vehicle onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional tow sling.
[Ord. No. 2-09 § 3; Ord. No. 5-10]
An application for authorization as a proprietor of a towing or wrecking business to be placed upon the list to be utilized by the Police Department shall be made in writing by the person or firm engaged in operating a wrecker or wreckers. The fee for said application or renewal shall be $350 ($100 application fee + $250 license fee = $350) per year or portion thereof for the first year. Thereafter said fee or renewal shall be based on a calendar year and said application shall be submitted by no later than December 31 of each year. The application shall be made on forms furnished by the Police Department and specifically report the following facts:
a. 
The full name and address of the applicant. If the application is made for a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its registered agent.
b. 
The year, make and type of each wrecker used in the business, its serial number, registration number and registered owner.
c. 
The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour per day basis and the names of all operators, their addresses and the serial number of their New Jersey motor vehicle licenses.
d. 
The application for a license shall be accompanied by a list of towing vehicles showing proper registration, inspection and insurance certificates being provided to the Borough. The applicant shall submit an insurance certificate which conforms garagemen liability as well as liability covering the operation of licensee's equipment and wrecker or for any bodily injury or property damage in a minimum amount of $500,000/$1,000,000 with the Borough named as an additional insured. In addition, the applicant shall submit an insurance certificate which demonstrates that the applicant has workers compensation insurance coverage, as required by law. If approved, the applicant shall be required to maintain these insurance coverages during the term of the agreement.
e. 
The Police Chief shall check all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the business herein regulated.
f. 
The office, workshop and storage areas of the applicant must be located in zones where such use is permitted.
g. 
Each vendor providing towing service shall show proof of ownership or a lease agreement for a proper land area to store a minimum of six cars. Each land storage area shall be fully enclosed by a cyclone fence sufficient for security purposes. Adequate lighting, shielded from abutting premises, shall be maintained during the night hours.
h. 
Each tower shall have an enclosed garage, so as to provide inside secured storage for at least one vehicle.
i. 
Equipment on Vehicles. No licensee shall possess or exhibit flashing lights except as provided by the statute.
1. 
A minimum of two flashing yellow lights pointed to the rear and so mounted as not to be obstructed by any motor vehicle being towed by the licensee.
2. 
A minimum of two flashing yellow lights spaced at least four feet apart and so constructed as to be mountable on the rear of any vehicle being towed.
3. 
A 360° rotating amber beacon light mounted over the cab.
4. 
All lights of such candlepower in intensity as to be visible 1/4 of a mile away.
5. 
Dual rear wheels or equivalent.
6. 
Originate from a garage equipped with a portable car dolly.
7. 
A power take off controlled winch with a minimum cable thickness of 3/8 of an inch or equivalent.
8. 
Weight equal to the vehicles to be towed, with a minimum of 5,500 pounds.
9. 
A 3/8 inch safety chain. The lift chain and the safety chain are not to be attached in any form or manner to the same part of the wrecker.
10. 
One shovel and one broom for use in removing debris from roadway.
11. 
One 20 pound dry chemical fire extinguisher.
12. 
One five gallon bucket of sand, Speedy Dri or Absorbent C.
j. 
After the application has been submitted and the aforementioned has been reviewed by the Police Department, it shall be forwarded to the Police Chief for approval or disapproval by him.
[Ord. No. 2-09 § 4]
No provider hereunder may assign or delegate its responsibilities for performance arrangements on a non-fee, fee or a "medallion rights" basis. Bona fide sales of the participant's business may be assigned as long as the purchaser complies with the provisions of this section.
[Ord. No. 2-09 § 5]
All participants in the within agreement shall tow vehicles subject to an impound to the Borough's impound facility located at 1 Drew Lane, South Toms River, New Jersey. However for all other tows, not involving an impound by Police, the vehicle owner/driver may specifically request towing to another location or may request another towing service, which he shall arrange. However, if the driver/owner requests a tow from another service and that operator does not respond within 20 minutes and the Police Officer on the scene determines the vehicle is in a dangerous area, then the Police shall have the right to call a Borough licensed wrecker.
[Ord. No. 2-09 § 6]
The licensee shall be required to keep a daily log of all related towed vehicles reflecting the following:
a. 
Date and time of request.
b. 
Date and time of vehicle when towed.
c. 
Address from where the vehicle was towed and address to where the vehicle was towed.
d. 
Name of towing operator performing service.
e. 
Complete dates of storage of said vehicle.
f. 
Date of release of said vehicle, complete name and address of person obtaining vehicle and whether Police vehicle impound was required and produced.
g. 
Make, model, year and license plate of vehicle.
h. 
Description of general condition of vehicle with damages noted.
i. 
All other necessary and pertinent information requested by the Police Department.
[Ord. No. 2-09 § 7]
No person shall drive a wrecker who is under the age of 18 years and who does not have in his or her possession a valid license duly-issued to him to operate a motor vehicle in the State of New Jersey. Said driver must have all required licenses at all times while operating this motor vehicle.
[Ord. No. 2-09 § 8]
All towing assignments shall be given on a rotational basis and the schedule shall be affixed to the Borough's agreement with said towing operators. Soliciting business or "chasing" motor vehicle accidents by participants who were not scheduled to respond shall be sufficient cause for the governing body to terminate the participation of the violator.
[Ord. No. 2-09 § 9]
While on call, the service station or towing operator shall be available and respond within 10 minutes to any site within the Borough of South Toms River regardless of weather conditions. Participants shall supply no more nor less than one day and one night telephone number and one pager or cellular number. Towing operators eligible for the within list shall be within a 10 minute response time to any location within the Borough of South Toms River.
[Ord. No. 2-09 § 10]
In the event that a licensee is requested by the Police Department to render services in accordance with this section at the scene of a motor vehicle accident, the licensee shall remove from the street all broken glass, metal and other debris resulting from said accident.
[Ord. No. 2-09 § 11]
The Police Chief is hereby designated as the municipal officer to enforce this section. In addition, the Police Chief shall see that a record is maintained containing names, addresses and twenty-four-hour telephone numbers of all licensed wreckers, and a record of the types of wreckers available to meet the specific need of the emergency. The Police Chief shall also see that a record is maintained of the regular response of wreckers to Police calls and any and all complaints from vehicle owners as to improper service or charges.
[Ord. No. 2-09 § 12]
Licensee shall take all reasonable precautions required by the Police Department to avoid damage to any evidence, such as fingerprints, when rendering services in accordance with this section.
All motor vehicles which contain or involve evidence necessary to the Police Department and stored by the licensee in accordance with this section shall be stored pursuant to the following requirements. Licensee shall have available and must provide for a protected area for storage of impounded vehicles to be used in criminal and other Police cases. Protected areas shall include inside storage of vehicles or fenced-in storage of vehicles so as to preclude in either case access to such vehicle by unauthorized persons. He must also in the case of outside storage, cover-up said vehicle to protect interior from weather elements exposed.
[Ord. No. 2-09 § 13; Ord. No. 1-2018]
The following rates and charges shall be in effect until otherwise amended by the governing body:
Class I — Standard towing or flatbed service of a motor vehicle up to 10,000 lbs., including Flat Bed Service
$90
Class II — Vehicles between 10,001 to 15,000 lbs.
Standard
$90
Flatbed Service
$125
Class III — Vehicles weighing 15,001 lbs. and over Standard
$150
Off-road recovery/winching (to be billed in 30-minute increments)
$60
Storage Rate (if required)
$35 per day or a portion thereof
The storage rate for the first day will begin at the time the vehicle is stored at the storage yard on the calendar day of the tow. Beginning at 12:00 a.m., the next calendar day, the tower may charge said storage rate per each day.
Miscellaneous:
a. 
Towing operators shall only be compensated for flatbed service if the same is approved by the Police Officer at the location of the tow.
b. 
If the owner of the vehicle arrives at the scene subsequent to the tow operator's being called and arriving at the scene and beginning to prepare for the tow, then if the owner satisfies the obligation to the tower, the vehicle may be released to the owner. However, if there is no such satisfaction, then the towing operator may complete the tow to the impound facility.
c. 
There shall be no fee charged to the Borough of South Toms River for the towing of any Borough Police vehicle, nor any charge for tire repairs to any Police vehicle belonging to the Borough of South Toms River within a reasonable distance from the Borough of South Toms River. Said reasonable distance shall be established as within Ocean County.
d. 
There is hereby established a fee of $20 for waiting time to be charged in 30 minute increments.
e. 
There shall be no fee charged to an owner of a vehicle in cases of theft which result in the owner's vehicle being impounded. "In such cases, unless it is determined that the vehicle is needed for police-related evidential purposes, the vehicle shall be released to the owner..." and the issue of the fee shall thereafter be addressed through the court system and the fee shall be deemed to be chargeable to the party or parties found responsible for the theft or for any conduct related to the theft.
[Ord. No. 2-09 § 14]
In the event that a participant fails to abide by the within regulations and towing agreement, then the following procedure shall apply:
a. 
The Borough's Police Chief or his designee shall immediately notify said operating participant of said violation. If it is felt that said violation is sufficient to suspend or terminate the violator, then notice of said suspension or revocation shall be given to the participant. If the participant requests a hearing, the same shall be held within 30 days of the date of said notice and participant may be represented by counsel at a hearing to be held in front of the Police Chief or his designee. Upon completion of said hearing, the Police Chief or his designee acting as the Hearing Officer shall issue a recommendation to the Borough's governing body to establish a penalty in connection with said suspension or revocation.
b. 
In the event that a party whose vehicle has been towed and stored has a dispute with the towing operator over the fees and charges imposed by said operator then said aggrieved party may appeal to the Police Chief or his designee and be given the opportunity to be heard along with said towing operator upon 10 days' notice to both parties. The Police Chief or his designee shall thereafter issue a determination in writing including an appropriate remedy which shall be considered the final determination of the municipality.
[1]
Editor's Note: Material previously codified in Section 3-26 regarding Alarm Systems and False Alarms was superseded by Ord. No. 11-2017. See Section 14-6, Alarms, Service Fees; Appeals Process.