[HISTORY: Adopted by the Borough Council
of the Borough of Bay Head 4-2-2018 by Ord. No. 2018-07.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance superseded former Ch. 174, Peace and Good Order, comprising Art. I, Proper Attire, adopted 7-15-1986 as part of Ord. No. 1986-6 (§§ 3-18.4 and 3-18.10 of the 1984 Code), as amended; Art. II, Disorderly Conduct, adopted 11-19-1996 by Ord. No. 1996-5; Art. III, Sleeping in Public, adopted 9-3-2013 by Ord. No. 2013-10; and Art. IV, Loitering, adopted 12-2-2013 by Ord. No. 2013-16.
No person shall appear or travel on any street, avenue, highway,
road, beach, beachfront or waterway located in the Borough of Bay
Head or appear in any public place, store or any business open to
the public in said Borough in a state of nudity. A person shall be
found in a state of nudity when clothing or absence of clothing completely
exposes to public view a person's genitals, pubic hair, buttocks,
anus or female breasts.
It shall be unlawful for any person or persons to urinate or
defecate on any public place, or on outdoor private property in this
Borough, except facilities specifically designated for that purpose.
A.Â
"Public place," means any place to which the public has access and
includes any street, beach, highway, road, alley, park, public parking
lot or sidewalk.
B.Â
"Outdoor private property," means the visible yard area of any residence,
store, shop, restaurant, tavern or other place of business, as well
as parking lots or other vacant private property.
No person shall interrupt, interfere with, hinder, disturb or
obstruct the proceedings, functions or deliberations of the governing
body, Board of Health or any other official body. No person shall
interfere with any municipal officer or official engaged in the performance
of his duty or to knowingly resist or oppose any person authorized
by law to make an arrest or to serve any writ, bill, order or process
when such person is acting in the performance of his duty.
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.
Parking of vehicles on residential lawns shall be prohibited.
No person shall sleep in any public place overnight, nor shall
any person use any motor vehicle or trailer for sleeping or habitation
purposes in any public place.
A.Â
Unless otherwise specified herein, for a violation of any provision
of this chapter, the maximum penalty, upon conviction thereof, shall
be a fine not exceeding $1,000 or imprisonment for up to 90 days or
a period of community service not exceeding 90 days, or any combination
thereof. Except as otherwise provided, each and every day in which
a violation of any provision of this chapter exists shall constitute
a separate violation.
B.Â
All fines and penalties under this chapter may be paid directly to
the Municipal Court Administrator, unless otherwise indicated by the
officer issuing the summons.
[Added 5-3-2021 by Ord. No. 2021-07]
As used in this article, the following terms shall have the
meanings indicated:
Any item available for lawful consumption pursuant to the
NJ Cannabis Regulatory Enforcement Assistance and Marketplace Modernization
Act.[1]
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to, a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; theater or concert hall;
public library; museum or art gallery; bar; restaurant or other establishment
where the principal business is the sale of food for consumption on
the premises, including the bar area of the establishment; garage
or parking facility; any public conveyance operated on land or water,
or in the air, and passenger waiting rooms and platform areas in any
stations or terminals thereof; health care facility; patient waiting
room of the office of a health care provider; child care center; race
track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; apartment building lobby or
other public area in an otherwise private building; or a passenger
elevator in a building other than a single-family dwelling.
[1]
Editor’s Note: See N.J.S.A. 24:6I-31 et seq.
It is unlawful for any person over the age of 21 to consume,
other than by smoking, vaping, or aerosolizing, any cannabis item
in a public place, including any indoor public place, other than school
property, or when not prohibited by the owner or person responsible
for the operation of the public place.
