[HISTORY: Adopted by the Borough Council
of the Borough of Bay Head 5-6-2019 by Ord. No. 2019-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 122.
[1]
Editor's Note: This ordinance also repealed former Ch. 118,
Firearms and Fireworks, adopted 12-18-1984 as § 3-9 of the
1984 Code, as amended.
A.
It shall be unlawful for any person to carry or have in his or her
possession a loaded firearm within the Borough of Bay Head. The term
"firearm" is as defined by N.J.S.A. 2C:39-1.
B.
Other than for self-defense or for the purpose of preserving the
life of another, it shall be unlawful for any person to discharge
a firearm within the Borough of Bay Head.
The prohibitions do not apply to the following:
A.
Persons authorized to carry firearms by N.J.S.A. 2C:39-6 in performance
of their duty.
B.
The owner or lessee of property, at his or her property or any other
land owned or possessed by him or her, or to or from any place of
purchase or repair of firearms and their residence, premises, place
of business, provided they comply with the provisions of Title 2A.
For a violation of any provision of this article, 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.
Pursuant to N.J.S.A. 21:3-2, it is unlawful for any person to
sell, possess or use dangerous fireworks within the Borough of Bay
Head. Such fireworks include but are not limited to firecrackers;
torpedoes; skyrockets, Roman candles, bombs, or other fireworks of
like construction, or any fireworks containing any explosive or inflammable
compound or any tablets or other device commonly used and sold as
fireworks.
Notwithstanding § 118-4, it shall be lawful for a person to offer for sale, sell, possess, or use:
A.
A toy pistol, toy cane, toy gun, or other device in which paper or
plastic caps containing 0.25 grain or less of explosive compound per
cap are used, providing they are so constructed that the hand cannot
come in contact with the cap when in place for use, and toy pistol
paper or plastic caps which contain less than 0.20 grains of explosive
mixture per cap;
B.
Sparkling devices and novelties as defined in N.J.S.A. 21:2-2, if
the person is 16 years of age or older.
A.
Any person who sells, offers or exposes for sale, or possesses with
intent to sell any fireworks as herein mentioned is guilty of a crime
of the fourth degree.
B.
Any person who purchases, uses, discharges, causes to be discharged,
ignites, fires, or otherwise sets in action, or possesses any fireworks
is guilty of a petty disorderly persons offense.
