Borough of Seaside Heights, NJ
Ocean County
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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]
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[Added 7-3-2019 by Ord. No. 2019-14]
As used in this article, the following terms shall have the meanings indicated:
PANHANDLING
Any solicitation made in person requesting an immediate donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this article. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
[Added 7-3-2019 by Ord. No. 2019-14]
No person shall panhandle after sunset or before sunrise.
[Added 7-3-2019 by Ord. No. 2019-14]
No person shall panhandle when the person solicited is in any of the following places:
A. 
At any bus stop;
B. 
In any public transportation vehicle or facility;
C. 
Within 200 feet of entrance and exit locations to any special event or busking activity occurring on public property;
D. 
Within 200 feet of another person that is panhandling;
E. 
In any vehicle on the street; or
F. 
On private property, unless the panhandler has permission from the owner or occupant.
[Added 7-3-2019 by Ord. No. 2019-14]
No person shall panhandle in any of the following manners:
A. 
By coming within three feet of the person solicited, until that person has indicated that he or she does wish to make a donation;
B. 
By blocking the path of the person solicited along a sidewalk or street, and along the oceanfront and bayfront boardwalks and docks;
C. 
By following a person who walks away from the panhandler;
D. 
By using profane or abusive language, either during the solicitation or following a refusal;
E. 
By panhandling in a group of two or more persons; or
F. 
By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.
[Added 7-3-2019 by Ord. No. 2019-14]
A. 
No person shall knowingly make any false or misleading representation in the course of soliciting a donation. False or misleading representations include, but are not limited to, the following:
(1) 
Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;
(2) 
Stating that the donation is needed to meet a need which does not exist;
(3) 
Stating that the solicitor is from out of town and stranded, when that is not true;
(4) 
Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated;
(5) 
Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;
(6) 
Use of any makeup or device to simulate any deformity; or
(7) 
Stating that the solicitor is homeless, when he is not.
B. 
No person shall solicit a donation stating that the funds are needed for a specific purpose and then spend the funds received for a different purpose.
[Added 7-3-2019 by Ord. No. 2019-14]
A. 
No person shall panhandle on five or more days in a single calendar year without a permit issued by the Municipal Clerk's office. A person who has been issued a permit shall keep it on his or her person at all times while panhandling and show it to any police officer or code enforcement officer upon request. No person whose permit has been revoked shall panhandle for a period of two years following the revocation.
B. 
The Municipal Clerk's office shall issue the permit, without fee, to any eligible person who presents himself at the Municipal Clerk's office, states his or her true name, presents a photo identification or signs a declaration under penalty of perjury that he or she has no such identification, and permits himself or herself to be photographed and fingerprinted by the Police Department.
C. 
A person is ineligible for a permit if and only if, within the past five years, he or she:
(1) 
Has been convicted of two or more violations of this article;
(2) 
Has had a permit revoked pursuant to Subsection E or F of this section; or
(3) 
Has been convicted of two or more offenses under the law of any jurisdiction which involve aggressive or intimidating behavior while panhandling or false or misleading representations while panhandling.
D. 
If the Municipal Clerk's office is unable to determine eligibility within 24 hours of the application, the Municipal Clerk's office shall issue a permit good for 30 days and determine eligibility for a regular permit before the temporary permit expires. The regular permit shall expire one year from the date of issuance. Along with the permit, the Municipal Clerk's office shall give the applicant a copy of this article.
E. 
No person shall make any false or misleading statement or representation while applying for a permit under this section. Upon conviction of a violation of this subsection, the Police Department shall revoke any permit issued to the defendant under this section.
F. 
If a permit is issued to a person under this section and that person subsequently commits and is convicted of a violation of any provision of this article, the Police Department shall revoke the permit.
[Added 7-3-2019 by Ord. No. 2019-14]
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.
No person or persons shall, within the limits of this borough, create any disturbance by violence.
No person or persons shall, within the limits of this borough, maliciously destroy, damage or injure any 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.
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.
Each and every one of the acts hereinbefore declared to be unlawful are hereby declared and considered nuisances.
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.
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.
[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]
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.
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.