Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 3.
Animals — See Ch. 6.
Bathing and beach control — See Ch. 7.
Bicycles and skateboards — See Ch. 9.
Boating — See Ch. 11.
Noise — See Ch. 43.
Peddling and soliciting — See Ch. 47.

§ 46-1 (Reserved) [1]

[1]
Editor's Note: Former § 46-1, Public intoxication, was repealed 7-9-2012 by Ord. No. 2012-11 (1110).

§ 46-2 Lewd acts; public nudity.

It shall be unlawful for any person or persons to commit any lewd act as prohibited by N.J.S.A. 2C:14-4a on any of the streets, beaches, boardwalks or other public places of this Borough. No person shall appear or travel on any street, avenue, highway, road, boardwalk, beach, beachfront or waterway located in the Borough of Lavallette or appear in any public place, store or any business open to the public in said Borough in a state of nudity, nor shall any person dress or undress in any public place or in public view within the Borough. 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 urinate or defecate in or on any public place within the Borough of Lavallette. The prohibition in this section shall not apply to children under the age of four who are in such a state for purposes of changing or being changed from bathing wear to outer wear.

§ 46-3 Ringing bells or crying out.

It shall be unlawful for any person or persons to ring bells or to cry out, so as to disturb the peace and quiet in the Borough of Lavallette.

§ 46-4 Motorboat noise.

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.

§ 46-5 Solicitation and distribution.

No person shall solicit or distribute anything, for any purpose, on the public boardwalk or public beaches in the Borough of Lavallette.

§ 46-5.1 Lighting nuisances.

[Added 9-13-2004 by Ord. No. 2004-21 (956)]
A searchlight, being a lighting apparatus with reflectors for projecting a powerful beam of light of approximately parallel rays, shall not be operated in the Borough of Lavallette for any nonemergent purpose.

§ 46-6 Unlawful acts.

Each of the following acts are hereby prohibited in this municipality:
A. 
As defined and prohibited by N.J.S.A. 2C:18-3, no person shall commit the disorderly persons offense of trespass in the Borough of Lavallette.
B. 
No person shall lodge in the open air on any public property, street or highway without permission of the owner of said property so to do.
C. 
As defined and prohibited by N.J.S.A. 2C:5-5, no person shall commit the disorderly persons offense of possession of burglar's tools.
D. 
As defined and prohibited by N.J.S.A. 2C:17-3, no person shall commit the disorderly persons offense of criminal mischief within the Borough of Lavallette.
E. 
No person other than officers of the law shall fire or discharge any firearm in this municipality, at any time, except for target practice and then only under the supervision and with the approval of the Municipal Police Department.
F. 
No person shall at any time use any automobile, truck or other vehicle located on any public or private street or any public or private lot in the Borough of Lavallette for sleeping purposes.

§ 46-7 Fire prevention offenses.

A. 
No person shall willfully hinder or obstruct any member of the Fire Department, Police Department or First Aid while said member is in the performance of his or her duty.
B. 
No person shall drive any vehicle over a fire hose except upon specific order from the Chief or other officer of the Fire Department acting in his or her official capacity.
C. 
No person shall use any fire apparatus or equipment for any unauthorized purpose or contrary to any fire prevention purpose as permitted pursuant to Chapter 27, Fire Department, of this Code.

§ 46-8 Violations of certain ordinances declared nuisances; abatement by municipal officials.

[Amended 6-11-2012 by Ord. No. 2012-09 (1108)]
In addition to any penalty set forth therein, violations of the Ordinances of the Borough of Lavallette regarding false alarms, § 2-6, alcoholic beverages, §§ 3-1 to 3-11, animals, §§ 6-1 to 6-22, places of public resort, §§ 7-1 to 7-18, brush, grass and weeds, §§ 12-1 to 12-6, noise, §§ 43-1 to 43-13 and peace and good order, §§ 46-1 to 46-9, are hereby declared to be nuisances which unreasonably annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others within the limits of the Borough of Lavallette and which may be abated in accordance with such statutes or regulations as are made and provided for the appropriate municipal official or officials of the Borough of Lavallette.

§ 46-9 Disorderly persons.

[Amended 6-11-2012 by Ord. No. 2012-09 (1108)]
A. 
It shall be unlawful if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof a person engages in fighting or threatening, or in violent or tumultuous behavior which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough of Lavallette, or creates a hazardous or physically dangerous condition by any act which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough of Lavallette.
B. 
"Public" shall mean affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are places of public resort, sidewalk portions of any retail enterprise or restaurant, highways, transport facilities, schools, prisons, apartment houses or places of business or amusement, or any neighborhood access leading to a place of public resort.

§ 46-10 Violations and penalties.

Any person, firm, or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.