Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
False alarms — See Ch. 148.
Conduct at beaches — See Ch. 178.
Curfew — See Ch. 260.
Drug-free zones — See Ch. 278.
Dumping — See Ch. 285.
Tampering with fire-fighting equipment — See Ch. 324.
Littering — See Ch. 419.
Noise — See Ch. 441.
Parental responsibility — See Ch. 459.
Conduct in parks and recreation areas — See Ch. 475.
Pornography — See Ch. 486.
[Adopted 12-10-1975 as Sec. 3-2 of the 1975 Code]
It is necessary that interference with persons lawfully on the streets of the Township be stopped, and the Township Committee is desirous of controlling the same.
No person shall loiter, sit, lounge, idly stand, or sleep in or on the streets, sidewalks, public parks, or other public places in the Township, or obstruct the passage of any person in or on any street, sidewalk, public park, or other public place in the Township.
No person shall indulge in or utter loud, offensive, indecent, or profane language, nor address, nor make audible and offensive remarks or comments upon or to any person passing along or being on or in any public street, sidewalk, park, or other public place in the Township or in or on any property, public or private.
No person shall within the Township carelessly or recklessly drop, throw, cast or strike with any stick, stone, brick, ball, snowball or other missile or projectile or object of any kind whatsoever in any manner, doing injury to or likely or calculated or intended to do injury to any person, property or animal.
No person within the Township shall take any plant or flower or any other thing from, or mutilate in any manner, any property, real or personal, public or private, or write, paste or post or place in any manner any obscene or vulgar words, phrases, languages, pictures, drawing, prints or characters on any wall, house, fence, signboard, billboard or any other structure.
[Amended by Ord. No. 86-15]
It shall be unlawful for any person to appear or travel on any street, avenue, highway, road, boardwalk, beach, beachfront or waterway located in the Township of Lower, or to appear in any public place, store or business in said Township in a state of nudity or in an indecent or lewd dress or garment, or to make any indecent or unnecessary exposure of his or her person.
[Adopted 12-10-1975 as Sec. 3-3 of the 1975 Code]
No person shall permit any house, shops, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous, or disorderly persons.
[Amended 10-3-2011 by Ord. No. 2011-17]
A. 
No person shall cause or permit to be emitted any smoke, fumes, gases or other substances of a nature or of such quantity as to be injurious to life or health or property or of such a nature or of such quantity as to be offensive, obnoxious or nauseating to any member of the public or to any Township official.
B. 
No person operating an outdoor wood-burning boiler (also known as OWBs, outdoor furnaces, outdoor wood heaters, or outdoor wood-fired hydronic heaters) shall allow smoke or other products of combustion to escape from the unit in such a manner as to be offensive, obnoxious or injurious to any person to create a nuisance of any duration that negatively impacts any property by the infiltration of such property or any structure thereupon by smoke or other products of combustion.
C. 
This section may be enforced by the issuance of a complaint-summons as attested to by a private citizen in accordance with the New Jersey Rules of Court and/or the policies of the Administrative Officer of the Courts or by any appropriate Township official after personal observation of the offensive condition.
D. 
This section does not limit or relieve any operator of any outdoor wood-burning boiler (also known as OWBs, outdoor furnaces, outdoor wood heaters, or outdoor wood-fired hydronic heaters) from the obligation to comply with all laws and regulations applicable to such units, including, but not limited to, the Uniform Fire Code, the Uniform Construction Code and regulations of the State of New Jersey applicable to such units.
E. 
Any person operating such a unit in violation of any of the above shall be deemed in violation of this section, and any penalties assessed hereunder shall be in addition to and supplementary of any other penalties assessed by any other governmental agency.
No person shall unnecessarily obstruct any sidewalk, street, or public place with any kind of vehicle or with any kind of box or boxes, lumber, wood or other thing, but the provisions of this section shall not prevent persons who are building from occupying such portion of the sidewalk, street, or public place designated in a permit therefor.
No person shall start or maintain any fire at any time outside the confines of his or her own property, or fail to adequately care for and supervise any fire to prevent the same from spreading beyond the confines of his or her own property or becoming a nuisance beyond the confines of the same.[1]
[1]
Editor's Note: Original Sec. 3-3.5, which previously followed this section, was repealed by Ord. No. 86-25.
[Amended 8-19-2013 by Ord. No. 2013-17]
No person shall cause, permit or allow any fence, sign, bush, hedge, weeds, brush or tree foliage to obstruct vision over 42 inches or under 12 feet in height as measured from the shoulder of the roadway in a triangular area extending 30 feet from a road, street or highway intersection parallel to the shoulder of each intersecting street, road or highway.
Nothing herein contained shall apply with respect to the police, fire and rescue personnel or vehicles while in the performance of their duties.