[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 10-3-2024 by Ord. No. 1100]
As used in this article, the following terms have the following meanings:
CANNABIS, CANNABIS ITEM
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.).
ELECTRONIC SMOKING DEVICE
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.
GRAFFITI
Writings or drawings scribbled, scratched, or sprayed illicitly on a wall or other surface.
INDOOR PUBLIC PLACE
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; or 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.
MARIJUANA
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.).
OBSTRUCT
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.
OFFENSIVE OR INDECENT LANGUAGE
The use of words, phrases, or expressions that are considered disrespectful, insulting, or vulgar with content that is intended to harm, offend, or belittle individuals or groups based on their race, gender, religion or other characteristics.
PERSON
Wherever appropriate in connection with the context, includes corporation, partnership, association and individual and shall include the plural.
PUBLIC PLACE
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.
SMOKING
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.
[Amended 4-17-2025 by Ord. No. 1107]
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.
J. 
Loiter in any public, quasi-public or private place not of their own, who indulges in and utters loud and offensive and/or indecent language.
K. 
No person shall engage in, or attempt or offer to engage in, or aid, abet or participate in any fight, assault, quarrel, brawl, battery, altercation, disturbance, riot or unruly, boisterous, noisy conduct.
L. 
To urinate or defecate in public places, including public and private parking lots, or streets, or on the lawns or yards of private homes and residences, or in the public view.
M. 
Maliciously destroy, tamper with, damage, or injure any property, public or private.
N. 
At any time use of any automobile, truck or other motor vehicle, located on any public or private highway, road or street, or any public or private lot or premises in the Borough for sleeping or living purposes.
O. 
Trespass or enter upon the land or property of any other person or upon the land or premises of the Borough of Oceanport or of any public or quasi-public body without lawful permission to do so.
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.
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.