[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-5-1947 by Ord. No. 129 (Ch.
45 of the 1970 Code); amended in its entirety 2-15-2024 by Ord. No. 1087]
As used in the chapter, the following terms have the following
meanings:
Any usable cannabis, cannabis product, cannabis extract and
any other cannabis resin, all parts of the plant Cannabis sativa L.,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative mixture, or preparation of the plant or its seeds,
but shall not include any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
An electronic device that can be used to deliver nicotine,
cannabis or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo,
or pipe.
Writings or drawings scribbled, scratched, or sprayed illicitly
on a wall or other surface.
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 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; any facility used
for the holding of sporting events; 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.
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant products cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Render impassible without unreasonable inconvenience or hazard.
No person shall be deemed guilty of recklessly obstructing in violation
of this article because of a gathering of persons to hear him or her
speak or otherwise communicate or solely because of being a member
of such a gathering.
Wherever appropriate in connection with the context, includes
corporation, partnership, association and individual and shall include
the plural.
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol or
cannabis consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza,
park, playground, swimming pool, shopping area, public transportation
facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area, including
beach area.
The smoking, vaping, aerosolizing, burning of, inhaling from,
exhaling the smoke from, or the possession of a lighted cigar, cigarette,
pipe or any other matter or substance which contains tobacco, cannabis
or any other matter that can be smoked, or the inhaling or exhaling
of smoke or vapor from an electronic smoking device.
No person shall within the Borough of Oceanport:
A.
Deface or place graffiti on any public property or private property
of another;
B.
Dump any garbage, refuse, paper, glass or cans upon any public highway
or any private property;
C.
Place or throw any glass, bottle, can or other sharp and dangerous
substance upon any public highway;
D.
Cause or permit any sound which by its length or volume creates a
disturbance or annoyance to adjacent property owners;
E.
Without any legal privilege to do so, purposely or recklessly obstruct
any public passage to any place of business or house of worship or
residence;
F.
Refuse to obey a reasonable official request or order to move to
prevent obstruction of a public passage to a place of business or
house of worship or residence;
G.
Appear on any street, road, avenue, park or other parks, including
in vehicles parked on the same, in a state of nudity;
H.
Remove or interfere with or disturb any lantern, warning signal,
obstruction or barricade lawfully placed in or across any public street
by a public authority, its contractors, agents, servants or employees;
I.
It shall be unlawful for any person to engage in the smoking of marijuana,
cannabis or cannabis item in or on any indoor public place or public
place.
Any person violating any of the provisions of this article shall,
upon conviction, be punished by a minimum fine of $250, but not exceeding
$2,000, or by imprisonment not exceeding 90 days, or any combination
thereof in the discretion of the Municipal Court Judge.
[Adopted 10-7-1971 by Ord. No. 304 (Ch.
35, Art. I, of the 1970 Code)]
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.
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.
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.
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.
