Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 115.
Animals — See Ch. 127.
Curfew — See Ch. 183.
Firearms — See Ch. 210.
Games of chance — See Ch. 236.
Littering — See Ch. 261.
Noise — See Ch. 267.
Parks and playgrounds — See Ch. 279, Art. I.
Garbage, rubbish and refuse — See Ch. 325, Art. I.
Street and sidewalks — See Ch. 331, Art. I.
[Adopted 6-5-1947 by Ord. No. 129 (Ch. 45 of the 1970 Code)]

§ 284-1 Enumeration of prohibited acts.

A. 
No person shall, within the limits of the Borough of Oceanport:
(1) 
Appear on any street, road, avenue, park or public place, or bathe, swim or be found in any river, pond, lake or stream, or in plain view of such place, in a state of nudity or in indecent or lewd dress or indecent exposure of the person, or commit any lewd or indecent act or offer to sell or exhibit any lewd or indecent book, picture or article.
(2) 
Disrobe in any automobile, truck or vehicle while the same is parked upon any parking place, street, road, avenue, park or other public place.
(3) 
Keep or maintain a disorderly house or house of ill fame, or allow or permit any house or other building or structure owned or occupied by him or her to be used as a disorderly house or house of ill fame.
(4) 
Permit any house or other building or structure to be used by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
(5) 
Set up or keep or maintain, or permit to be set up, kept or maintained, in any building, premises, parking lot or other public place, any faro table, faro bank, roulette wheel or other device or game of chance for the purpose of gaming, or any boxing ring, cockpit or other place for men or animals to fight, nor shall any persons hold or permit to be held in any such place any dogfight, cockfight, prizefight or any sparring contest for a purse or money prize, nor shall any person aid or abet in the foregoing.
(6) 
Loiter on any street, road, avenue or other public place or in or about any public building, or utter any loud, profane, offensive or indecent language in any of the foregoing places, or molest or interfere with any person lawfully being in or upon any of the aforesaid places.
(7) 
Make or cause to be made or continued any unnecessary noise, or operate or use any radio receiving set, phonograph, horn or other sound-producing apparatus in such a manner as to annoy or disturb the comfort, rest or repose of any person or persons being in his or her or their place or places of abode.
(8) 
Discard, deposit, throw or leave any wastepaper, tin cans, bottles, garbage, waste or refuse of any kind whatsoever upon any parking place, street, road, avenue, park or other public place or upon any lot or other premises, except in receptacles or containers provided for such purpose.
(9) 
Individuals or groups who wish to solicit within the Borough of Oceanport must first obtain a written permit from the Chief of Police. Said permit shall be in the amount of $10. The Chief of Police shall have the discretion of reviewing the application and may either issue or withhold the permit. The permit can only be withheld if in the opinion of the Chief it is in the best interest of the welfare and the public interest of the residents of the Borough to do so. Any denial by the Chief of Police to issue a permit may be appealed to the governing body to be considered at the next regularly scheduled meeting. If the governing body affirms the Chief of Police, a resolution shall be prepared accordingly. If the governing body reverses the decision of the Chief of Police then the resolution opposing same must set forth specific reasons for the reversal.
[Amended 2-21-1952 by Ord. No. 162; 12-4-2013 by Ord. No. 925]
(10) 
Ring any bell or blow any horn or make any public outcry at or for any public sale, auction or vendue or to advertise any goods, wares or merchandise for sale or to gain passengers for any cab, taxicab, hack or omnibus.
(11) 
Give or cause to be given in any manner whatsoever any false alarm of fire.
(12) 
Hinder or obstruct any fireman, police officer or other Borough officer in the performance of his duties, or willfully refuse or neglect to assist the same when lawfully called upon by him so to do in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or in case of escape or when such officer is resisted in the discharge of his duty.
(13) 
Maliciously destroy, tamper with, damage or injure any property, public or private.
(14) 
Leave or abandon, or threaten to leave or abandon, any member of his or her family or any other person for whose support he or she may be chargeable, so that they or any of them shall or might be or become a public charge.
(15) 
Have concealed upon his or her person or in any portable vehicle, carriage, motorcycle or other vehicle any offensive or dangerous weapon without lawful authority.
(16) 
Have upon his or her person or in his or her possession any picklock, key, crow, jack, bit or other implement with an intent to break and enter into any building.
(17) 
Disturb or annoy any school or church classes, exercises, devotions, ceremonies or any public meetings, or any persons participating or engaged therein, on or about any school, church or other public or quasi-public building, structure or place.
(18) 
Be disorderly in any public omnibus, street, highway, thoroughfare or on any sidewalk or in any private house, boardinghouse, store, restaurant or other quasi-public or public place, to the annoyance of any person.
[Amended 3-19-2009 by Ord. No. 859]
(19) 
Use, operate, or cause to be used or operated, a loudspeaker, sound wagon, public address system or other sound-producing device or apparatus in, on, about or near any public street, highway or place or other public place, without first making written application to and obtaining the permission of the Borough Clerk.
(20) 
Unnecessarily obstruct any street, alley or public place with any kind of vehicle, box, lumber, wood or any other thing.
(21) 
Distribute, deliver or hand out any bills, circulars, cards, pamphlets or other advertising matter without having first obtained a written permit from the Chief of Police and compliance with § 284-1A(9).
[Amended 12-4-2013 by Ord. No. 925]
(22) 
Participate or engage, attempt or offer to engage or aid or abet in any disturbance or disorderly assemblage, or in any way commit any breach or disturbance of the peace.
[Amended 12-1-2010 by Ord. No. 889]
(23) 
Fire or discharge any pistol, revolver, rifle, gun, air gun or fowling piece, or any kind of firearm or cannon, except when expressly permitted by law.
(24) 
Paste, write, clamp, paint, nail, clip or otherwise fasten, inscribe or affix any notice, placard or advertisement against or upon any public or private property.
(25) 
Dump on or tow to open fields or other private property, without first having obtained the permission of the owners of such property, any abandoned automobile, part thereof, or other junk, refuse or waste matter.
(26) 
Engage in, commit or be guilty of any other riotous or indecent conduct, breach of the peace, vagrancy or prostitution not hereinbefore mentioned.
(27) 
Force or induce any child under the age of 16 years to do or submit to the doing of any act which tends to debauch such child or which tends to impair the morals of such child.
(28) 
Give any person information or a tip on a horse or horses in any race for an expected compensation or in the hope of sharing in any winnings.
(29) 
Between the opening of the pari-mutuel windows for the first race and until after the last race has been finished on any race day, give, send, transmit or communicate, by telephone, telegraph or any other means whatsoever, any notice of, advertisement, result, change of odds or any information pertaining to any horse race or races to any person or persons outside the limits of the Borough of Oceanport, unless expressly permitted so to do by law.
(30) 
Be permitted to enter, occupy or otherwise utilize the parks and playgrounds of the Borough of Oceanport from the hours of 9:00 p.m. to 8:00 a.m. during the months of April through September, and from the hours of 7:00 p.m. to 8:00 a.m. during the months of October through March, daily, unless that person is participating in, attending or observing a function or activity sponsored or under the auspices of the Borough of Oceanport's Recreation Committee. Notwithstanding the foregoing, a person or persons shall be permitted to utilize any tennis court facility maintained by the Borough of Oceanport, illuminated for night play, until 10:00 p.m. daily. No person shall be cited for violation of this subsection unless he has first received a warning from a law enforcement officer.
[Added 10-5-1972 by Ord. No. 323; amended 10-18-1973 by Ord. No. 339; 10-16-1976 by Ord. No. 389]

§ 284-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
PERSON
Wherever appropriate in connection with the context, includes corporation, partnership, association and individual, and shall include the plural. The masculine pronoun shall include the feminine.

§ 284-3 Disposition of fines collected.

All fines imposed and collected under and by virtue of this article shall be paid into the treasury of the Borough.

§ 284-4 Violations and penalties.

Any person who shall violate any of the terms or provisions of this article or who shall commit or do any act or thing in this article prohibited shall, upon conviction thereof before the Judge authorized to hear and determine the matter, be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.
[Adopted 10-7-1971 by Ord. No. 304 (Ch. 35, Art. I, of the 1970 Code)]

§ 284-5 Proclamation of emergency; powers.

Whenever, in his judgment, the Mayor of the Borough of Oceanport or, in his absence or in the event of his inability to act, the President of the Borough Council or the Chairman of the Police Committee determines that an emergency exists as a result of mob action or other civil disobedience causing danger of injury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the Borough:
A. 
To impose a curfew upon all or any portion of the Borough thereby requiring all persons in such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public areas; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and Borough-authorized or -requested law enforcement officers and personnel may be exempted from such curfew.
B. 
To order the closing of any business establishments anywhere within the Borough for the period of the emergency, such businesses to include, but not be limited to, those selling intoxicating liquors, cereal malt beverages, gasoline or firearms.
C. 
To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
D. 
To call upon regular and auxiliary law enforcement agencies and organizations within or without the Borough to assist in preserving and keeping the peace within the Borough.

§ 284-6 Procedure for proclamation to become effective.

The proclamation of emergency provided herein shall become effective upon the same being filed with the Borough Clerk and posted in at least 10 public places in the Borough.

§ 284-7 Termination of emergency.

Any emergency proclaimed in accordance with the provisions of this article shall terminate upon the issuance of a proclamation determining an emergency no longer exists.

§ 284-8 Violations and penalties.

Any person who shall willfully fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing the proclamation of emergency authorized herein shall be deemed guilty of violating the provisions of this article and, upon conviction therefor, shall be punished by a penalty as set forth in Chapter 1, § 1-15, General penalty.