Borough of Seaside Heights, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-19-1997 by Ord. No. 97-1]

§ 154-1 Consumption and possession of alcohol prohibited in certain areas; sealed containers exception.

[Amended 10-15-2008 by Ord. No. 08-14]
No person shall drink, imbibe or consume any alcoholic beverage in or upon a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place, or in a public conveyance or private motor vehicle while the same is in motion or parked in any public street, lane, public parking lot or public or quasi-public place, or on any private property not his own without the express permission of the owner or other person having authority to grant such permission. No person shall have in his possession or possess any alcoholic beverage in, on or upon any public street, road, alley, sidewalk, park, playground or in, on or upon any land or building owned or occupied by the Borough government, unless the same is contained within a closed or sealed container.

§ 154-2 Urinating and defecating in public places; public nudity.

[Amended 12-17-1997 by Ord. No. 97-18]
A. 
It shall be unlawful for any person to urinate or defecate in any public place, except in such places as may be provided for such use.
B. 
No person shall appear or travel on any street, avenue, highway, road, boardwalk, beach, beachfront or waterway located in the Borough of Seaside Heights 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 anus, genitals, pubic area or female breasts. No person shall dress or undress in any public place or in public view within the Borough of Seaside Heights.

§ 154-3 Noise.

[Amended 5-21-1997 by Ord. No. 97-6; 2-16-2005 by Ord. No. 05-07; 7-18-2012 by Ord. No. 12-09]
Whereas it is found that excessive sound and vibration are a serious hazard to the public health, safety, and welfare and the quality of life, and technology exists by which excessive sound and vibration may be substantially abated, and whereas the people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety or welfare or degrade the quality of life, it is hereby declared the policy of the Borough to prevent excessive sound and vibration which may jeopardize the health, safety and welfare of its citizens and degrade the quality of life.

§ 154-3.1 Certain noise prohibited.

[Added 7-18-2012 by Ord. No. 12-09]
It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, unnecessary or unusual noise which either unreasonably disturbs or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough.

§ 154-3.2 Unlawful acts.

[Added 7-18-2012 by Ord. No. 12-09]
A. 
The following acts are hereby declared to be examples of unlawful noise that annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of others and are in violation of this article:
(1) 
Radios; televisions; phonographs. The using, operating or permitting to be played, used or operated any radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound at any time, in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants [including neighboring inhabitants in attached residential units sharing a common wall(s)]. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 8:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facia evidence of a violation of this article.
(2) 
Yelling; shouting. Yelling, shouting, hooting, whistling or singing on the 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 disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.
(3) 
Animals; birds. The keeping of any animals or birds which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity.
(4) 
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle except when required by law or when necessary to give timely warning of the approach of the vehicle or as a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for any unreasonable period of time.
(5) 
Exhaust. The discharge into the open air of the exhaust/engine noise of any engine, stationary internal-combustion engine or motor vehicle, motorcycle except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
(6) 
The operating of landscape machinery, including 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 adequately muffled and such engine is equipped with a muffler device sufficient to deaden such noises. In no event shall such landscaping equipment or machines be operated except between the hours of 8:00 a.m. and 8:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 8:00 p.m. on Saturday, Sunday or any state or federal holiday.
(7) 
Defect/modification in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or specifically modified in such manner as to create loud and unnecessary grating, grinding, rattling, combustion or other noise.
(8) 
Schools; courts; churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or which unreasonably interferes with the working of such institution, provided that conspicuous signs are displayed in such street indicating that the same is a school, hospital or court street.
B. 
The above enumeration is intended to give typical illustrations of noise prohibited pursuant to § 154-3.1 and shall not be construed as exclusive.

§ 154-3.3 Exceptions.

[Added 7-18-2012 by Ord. No. 12-09]
The following are exempt from the noise regulations contained herein.
A. 
Sounds from any municipality-sponsored or -approved celebrations or events.
B. 
Sounds from any police, fire, ambulance or other emergency vehicles in the discharge of their official duties, garbage trucks or such other vehicles used for the removal of residential or commercial garbage, together with the removal of snow and ice from Borough and county roadways and from residential, commercial and office properties located within the Borough.
C. 
Sounds emanating from the performance of any municipal, county or state generators, construction, or improvements project(s).
D. 
Sound from church bells and church chimes when a part of religious observance or service.

§ 154-4 Motorboats.

It shall be unlawful to permit the exhaust of any motorboat to emit disturbing noises on any of the waters within this borough between the hours of 11:00 p.m. and 6:00 a.m.

§ 154-5 Solicitation or distribution.

[Amended 4-4-2007 by Ord. No. 07-05]
No person shall solicit or distribute any object, including literature, on the public beaches in the Borough of Seaside Heights. Distribution of any object, including literature, on the public boardwalk, streets or sidewalks of the Borough of Seaside Heights shall be conducted in a manner which does not endanger the safety of persons or property, nor unreasonably interfere with or impede the flow of pedestrian or vehicular traffic.

§ 154-6 Disturbances.

No person or persons shall, within the limits of this borough, create any disturbance by violence.

§ 154-7 Malicious injury or destruction of property.

No person or persons shall, within the limits of this borough, maliciously destroy, damage or injure any property.

§ 154-8 Parking on private property.

No person shall park a vehicle in any private driveway or on any private property within the limits of this Borough without having first obtained the permission of the owner.

§ 154-9 Outdoor storage or repair of vehicles.

It shall be unlawful for any person, firm or corporation to store or place outdoors vehicles in a state of major disassembly, disrepair or in the process of being stripped or dismantled or to carry on the repairing of said vehicles outdoors, including automobiles, buses, motorcycles or any other motorized vehicles used for transportation.

§ 154-10 Nuisances declared.

Each and every one of the acts hereinbefore declared to be unlawful are hereby declared and considered nuisances.

§ 154-11 Nuisances prohibited.

It shall be unlawful for any person or persons to commit any nuisances on any of the streets, boardwalks beaches, or other public places within the limits of this Borough.

§ 154-12 Use or discharge of firearms prohibited; exception.

It shall be unlawful for any person to use or discharge any gun, pistol or firearm in gunning for game, in target practice or practice shooting, or discharge any such gun, pistol or firearm, within the corporate limits of this Borough; provided, however, that nothing herein contained shall be construed to prevent the use of any such gun, pistol or firearm in defense of the person using the same, nor to prevent the use of any gun, pistol or firearm in a shooting gallery game properly licensed under the provisions of Chapter 25 of the Code.

§ 154-13 Violations and penalties.

[Amended 2-16-2005 by Ord. No. 05-07]
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Adopted 8-17-2005 by Ord. No. 05-19]

§ 154-14 Restrictions established.

It shall be unlawful for a person subject to the registration requirements set forth in N.J.S.A. 2C:7-1 et seq. who has committed a sex offense, as defined within N.J.S.A. 2C:7-2, and whose victim was under the age of 18, to reside within 2,500 feet of the real property comprising an elementary or secondary school, child-care center, as defined within N.J.S.A. 30:5B-3, or playground, as defined in N.J.S.A. 52:27D-123.9, unless:
A. 
The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within 2,500 feet of the real property comprising an elementary or secondary school, child-care center or playground;
B. 
The person is receiving treatment at a mental health facility located within 2,500 feet of the real property comprising an elementary or secondary school, child-care center or playground;
C. 
The person established the residence prior to the effective date of this article;
D. 
An elementary or secondary school, child-care center or playground is built or established within 2,500 feet of the person's existing residence;
E. 
The parole board, after considering an individual's housing options, determines that a needs-based exception is required; or
F. 
A court that has discharged the person from a psychiatric facility with conditions pursuant to N.J.S.A. 30:4-27.15 determines that an exemption is appropriate.

§ 154-15 Violations and penalties.

Any person violating or failing to comply with any of the provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.