Borough of Point Pleasant, NJ Police Regulations

Whereas, excessive noise is a serious hazard to the public health and welfare and the quality of life; and a substantial body of science and technology exists by which excessive noise may be substantially abated; and the people have a right to and should be ensured an environment free from noise that may jeopardize their health or welfare or degrade the quality of life; and the necessity in the public interest for the provisions and prohibitions hereafter contained and enacted is declared as a matter of legislative determination and public policy; and the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and the peace and quiet of the inhabitants of the Borough of Point Pleasant.

§ 3-1.2 Definitions.

[Ord. #95-08, S 1]

Terminology and Standards. All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

As used in this section, the following terms shall have the meanings indicated:

AMBIENT NOISE LEVEL: shall mean the sound pressure level of the all encompassing noise associated with a given environment, being usually a composite of sounds from many sources, and/or the A-weighted sound pressure level exceeded 90% of the time L90 based on a period of one hour.

A-WEIGHTED SOUND PRESSURE LEVEL: shall mean the sound pressure level as measured in decibels on a sound-level meter using the A-weighting network. The level so read shall be designated "dB(A)" or "dBa."

CONTINUOUS NOISE: shall mean a steady, fluctuating or impact noise which exists, essentially without interruptions, for a period of one hour or more.

CYCLICALLY-VARYING NOISE: shall mean a steady, fluctuating or impulsive noise which may or may not contain a pure tone, which varies in sound pressure level such that the same level is obtained repetitively at reasonably uniform intervals of time.

DECIBEL: shall mean a logarithmic (dimensionless) unit of measure often used in describing the amplitude of sound. Decibel is denoted as "dB."

DEPARTMENT: shall mean any municipal agency.

DEVICE: shall mean any mechanism which is intended to produce or which actually produces noise when operated or handled.

EMERGENCY VEHICLE: shall mean a motor vehicle used in response to a public calamity or to protect persons or property from imminent danger.

EMERGENCY WORK: shall mean work made necessary to restore property to a safe condition following public calamity, work to restore public utilities or work required to protect persons or property from an imminent exposure to danger.

FLUCTUATING NOISE: shall mean the sound pressure level of a fluctuating noise varies more than six (6) dB(A) during the period of observation, when measured with the slow meter characteristic of a sound-level meter, and does not equal the previously existing ambient noise level more than once during the period of observation.

MOTORBOAT: shall mean any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft or Hovercraft, and which is at any time propelled by mechanical power.

MOTOR VEHICLE: shall mean any vehicles which are propelled or drawn by mechanical equipment, such as, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles.

MUFFLER: shall mean any apparatus consisting of baffles, chambers or acoustical absorbing materials whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one (1) end.

NOISE: shall mean any sound which is unwanted or which causes or tends to cause an adverse psychological effect on human beings.

NOISE DISTURBANCE: shall mean any sound which annoys, disturbs or perturbs reasonable persons with normal sensitivities, or any sound which injures or endangers the comfort, repose, health, hearing, peace or safety of other persons.

PERSON: shall mean any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of that state.

PLAINLY AUDIBLE NOISE: shall mean any noise for which the information content of that noise is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.

POWERED MOTOR VEHICLES: shall mean any powered vehicles, either airborne, waterborne or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars and rockets, and which can be propelled by mechanical means.

PROPERTY BOUNDARY: shall mean any imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension.

PUBLIC RIGHT-OF-WAY AND PUBLIC SPACE: shall mean any street, avenue, boulevard, highway, alley or public space which is owned or controlled by a public government entity.

PURE TONE: shall mean any noise which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third (1/3) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (1/3) octave bands by five (5) dB's for frequencies of five hundred (500) Hertz and above, by eight (8) dB's for frequencies between one hundred sixty (160) Hertz and four hundred (400) Hertz and by fifteen (15) dB's for frequencies less than or equal to one hundred twenty-five (125) Hertz.

REPETITIVE IMPULSIVE NOISE: shall mean any noise which is composed of impulsive noises that are repeated at sufficiently slow rates such that a sound-level meter set at fast meter characteristic will show changes in sound pressure level greater than two (2) dB(A)'s.

SOUND: shall mean a temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium and which propagates a finite speed to distant points.

SOUND LEVEL METER: shall mean an instrument, which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks, used to measure sound pressure levels.

SOUND PRESSURE: shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space.

STATIONARY EMERGENCY SIGNALING DEVICES: shall mean any device, excluding those attached to motor vehicles, used to alert persons engaged in emergency operations. These include, but are not limited to, firefighters, first aid squad members and law enforcement officers, whether paid or volunteer.

STATIONARY NOISE SOURCE: shall mean any device, fixed or movable, which is located or used on geographically defined real property other than a public right-of-way.

STEADY NOISE: shall mean a sound pressure level which remains essentially constant during the period of observation, i.e., the fluctuations are too small to meet the criterion for fluctuating noise.

WEEKDAY: shall mean a Monday, Tuesday, Wednesday, Thursday or Friday which is not a legal holiday.

§ 3-1.3 Enforcement.

[Ord. #95-08, S 1]

It shall be the duty and responsibility of the Police Department of the Borough of Point Pleasant to enforce the provisions of this section.

Method of Enforcement. Violation of this section shall be cause for summons and complaint to be issued forthwith; provided, however, that if the noise source is not a motor vehicle moving on a public right-of-way, in lieu of a summons and complaint, enforcement personnel may issue a twenty-four (24) hour notice, in writing, which may be served personally or by certified mail to the last known address of the person or persons in charge of or in control of the device, building or premises to abate said violation of this Chapter. Failure to comply with the order issued and served shall constitute a violation of this section.

§ 3-1.4 Duties of Police Department.

[Ord. #95-08, S 1]

In order to implement the purposes of this section, the Police Department of the Borough of Point Pleasant shall have the power to:

Studies. Conduct or cause to be conducted, studies, research and monitoring related to noise.

Education. Conduct programs of public education regarding the causes and effects of noise but not giving specific advice for its abatement, and to encourage the participation of public interest groups in related public information efforts.

Inspections. For reasonable cause and upon presentation of proper credentials, enter any building, property, premises or place and inspect any noise source for the purpose of ascertaining the compliance or noncompliance with any provision of this section or have access to and require the production of books and papers pertinent to any matter under investigation.

Records. Require the owner or operator of any noise source to establish and maintain records and make such reports as the Police Department may reasonably prescribe.

Measurements. Require the owner or operator of any noise source to measure the noise emissions thereof in accordance with such methods and procedures and at such locations and times as the Police Department may reasonably prescribe.

§ 3-1.5 Prohibited Noises.

[Ord. #95-08, S 1; Ord. #1997-11, S 1; Ord. #1997-13, S 1; Ord. #1999-07, S 1; Ord. #2012-14]

General Prohibitions. It shall be unlawful for any person to make or continue, or cause to be made or continued or caused, any excessive or unusually loud noise or to create a noise disturbance within the limits of the Borough of Point Pleasant.

Specific Prohibitions. The following acts, among others, are declared to be loud, disturbing or excessive noise in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

Horns and Signaling Devices. The sounding of any horn or signaling device of any motor vehicle on any public right-of-way, except as a danger warning signal or as provided in the Vehicle Code of the State of New Jersey.

Radios, Television Sets and Similar Devices.

(a)

Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other device for the production or reproduction of sound, in such a manner as to cause a noise disturbance.

(b)

Operating any such device between the hours of 8:00 p.m. and 8:00 a.m. the following day in such a manner as to be plainly audible across real property boundaries or through partitions common in two (2) parties within a building or plainly audible at fifty (50') feet from such device when operated within a motor vehicle parked on a public right-of-way or on a public space or within a motorboat.

Exterior Loudspeakers. Using or operating any mechanical device or loudspeaker in a fixed or movable position exterior to any building or mounted upon any aircraft, motor vehicle or motorboat, such that the sound therefrom is plainly audible at or beyond the property boundary of the source, or on a public space or within a motorboat.

Animals. Owning, keeping, possessing or harboring any animal or animals which, by frequent or habitual howling, barking, meowing, squawking or other noisemaking, cause a noise disturbance. The provisions of this subsection shall also apply to all private or public facilities, including any animal pounds which hold or treat animals.

Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle, or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of subsection 3-1.7.

Places of Public Entertainment. Operating or permitting to be operated any loudspeaker or other source of sound in any place of public entertainment, which produces maximum levels of ninety (90) dB(A)'s at any point that is normally occupied by a human being, as read with the slow response on a sound level meter, without a conspicuous and legible sign located outside such place near the entrance stating:

"Warning Sound Environment Within May Cause Temporary Hearing Impairment Which May Become Permanent With Continued Exposure."

Powered Model Vehicles. Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table I of subsection 3-1.7 and shall be measured at the property boundary of the source or at a distance of one hundred (100') feet if it is operated in a public place.

Refuse Compacting Vehicles. The operating or permitting the operation of any motor vehicle which can compact refuse and which creates, during the compacting cycle, a disturbing noise, between the hours of 6:00 p.m. and 6:00 a.m. the following day, in residential use districts.

Standing Motor Vehicles. Operating or permitting the operation an engine of a motor vehicle whose manufacturers gross weight is in excess of ten thousand (10,000) pounds, or any attached auxiliary equipment, for a period longer than three (3) minutes if the vehicle is not in motion, in any residential or commercial zone of the municipality. This section shall not apply to:

(a)

Autobuses while discharging or picking up passengers.

(b)

Motor vehicles stopped in a line of traffic.

(c)

Motor vehicles where primary and/or secondary power sources utilized in whole or in part for necessary and definitively prescribed mechanical operation other than propulsion, passenger compartment heating or air conditioning.

(d)

Motor vehicles being or waiting to be examined by State or Federal motor vehicle inspectors.

(e)

Emergency motor vehicles in an emergency situation.

(f)

Motor vehicles while being repaired.

10.

Bells and Alarms. The sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm shall terminate its operation within fifteen (15) minutes of its being activated. Any motor vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such motor vehicle.

11.

Stationary Emergency Signaling Device. Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day that a test is performed, but not before 7:00 a.m. or after 8:00 p.m. Any such testing shall only use the minimum cycle test time.

12.

Loading and Unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects; or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form; or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 6:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 6:00 p.m. and 8:00 a.m. the following day when the latter is a legal holiday or a weekend day, except by permit, when the sound therefrom creates a noise disturbance across a residential real property line. This section shall not apply to the delivery of construction materials at a construction site.

13.

Construction of Structures or Infrastructure. Construction work on structures or infrastructure in or near a residential use district before the hour of 8:00 a.m. and after the hour of 6:00 p.m. Monday through Saturday; and between the hours of 6:00 p.m. Saturday and 8:00 a.m. Monday morning; and between 6:00 p.m. on the evening preceding a legal holiday to 8:00 a.m. in the morning subsequent to any such legal holiday. Maximum sound pressure levels during the permitted periods of operation shall conform with those set forth in Table I of subsection 3-1.7.

§ 3-1.6 Emergency Exceptions.

[Ord. #95-08, S 1]

Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this section. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. The use of stationary emergency signaling devices shall be for emergency use only.

§ 3-1.7 Land Use Noise Levels.

[Ord. #95-08, S 1]

Maximum permissible continuous sound pressure levels. It shall be unlawful for any person to operate, or permit to be operated, any stationary source of noise in such a manner as to create a sound pressure level which exceeds the limits set forth for the receiving land use (Land Use Category) in Table I when measured at the property boundary. When a noise source can be identified and its noise measured in more than one (1) land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories.

TABLE I Maximum Permissible Sound Levels by Receiving Property Category (In dB(A))
Sound Source Property Category	Receiving Property Category
	Another Dwelling Within a Multi-Dwelling Unit Building		Residential		Commercial	Industrial
	8:00 a.m. to 8:00 p.m.	8:00 p.m. to 8:00 a.m.	8:00 a.m. to 8:00 p.m.	8:00 p.m. to 8:00 a.m.	All times	All times
Any location within a multi- dwelling unit building	45	40	55	50	65	75
Residential			55	50	65	75
Commercial or public spaces or rights of way			65	50	65	75
Industrial			65	50	65	75

§ 3-1.8 Vehicle Noise Levels.

[Ord. #95-08, S 1]

Maximum Permissible Noise Levels of Motor Vehicles on Public Rights-of-Way. No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by said vehicle exceeds the levels set forth in Table II when measured at the location established by paragraph b. This subsection shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.

TABLE II
Vehicle Class	Sound Pressure Level (in dB(A))
Vehicle Class	Speed Limit 35 mph or less	Speed Limit 35 mph or more
Federally registered interstate motor carrier	86	90
All other motor vehicles with a manufacture's gross vehicle rating of 10,000 pounds or more, and any combination of vehicles towed by such motor vehicle	92	96
Motorcycles	88	92
Any other motor vehicle and any combination of vehicles towed by such motor vehicle	82	88

Measurement Distance. For the purpose of paragraph a, the standard measurement height shall be four (4') feet (one and two-tenths (1.2) meters), and the standard horizontal measurement distance from the center line of the traffic lane being monitored shall be fifty (50') feet (fifteen (15) meters). Whenever it is not feasible to use fifty (50') feet, the distance may be shortened to twenty-five (25') feet (seven and five-tenths (7.5) meters), in which case the values in Table II of paragraph a. shall be increased by six (6) dB(A)'s.

Maximum Permissible Noise Levels for Vehicles Operating Off Public Rights-of-Way. No person shall operate a power propelled vehicle or recreational device off a public right-of-way in such a manner that the sound pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in paragraph b. This subsection shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned or whether or not duly registered or licensed, including but not limited to passenger cars, trucks, campers, motorcycles, minibikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water-ski towing devices and motorboats.

TABLE III
Vehicle Class	Sound Pressure Level (in dB(A))
Vessel or watercraft For vessels with engines manufactured before January 1, 1979	86
For vessels with engines manufactured on or after January 1, 1979, and before January 1, 1982	84
For vessels with engines manufactured on or after January 1, 1982	82
All other vehicles	83

§ 3-1.9 Zoning Changes.

[Ord. #95-08, S 1]

No zoning change, adjustment, variance or exception which affects the land use categories will be permitted unless the use to be allowed does not violate the provisions of this section.

§ 3-1.10 Truth in Selling or Renting.

[Ord. #95-08, S 1]

No person shall sell or rent, or cause to be sold or rented, any structure to be used for habitation, outside of which structure the sound pressure levels are in excess of those permitted under subsection 3-1.7, without making full disclosure to all potential buyers or renters of the existence of such noise disturbance.

§ 3-1.11 Violations and Penalties; Other Remedies.

[Ord. #95-08, S 1]

Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not less than one hundred ($100.00) dollars, nor more than one thousand ($1,000.00) dollars, by imprisonment for a term not to exceed ninety (90) days or by community service of not more than ninety (90) days, or any combination of fine, imprisonment and community service as determined by 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.

The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

Other Remedies.

Any remedy available pursuant to this section shall be considered separate and not exclusive of any other remedy available hereunder.

Nothing in this section shall be construed to impair any cause of action or legal remedy therefor of any person for injury or damage arising from any violation of this section.

§ 3-2 CURFEW FOR HALLOWEEN SEASON.

§ 3-2.1 Established.

[Ord. #631, S 1]

There is hereby established within the Borough a curfew as follows:

No person under the age of seventeen (17) years unless accompanied by a parent or guardian shall be present upon or at any public or quasi-public place or upon any private property without the permission of the owner thereof on the following days and hours in any given year:

From 9:00 p.m. on October 29 to 6:00 a.m. on October 30.

From 9:00 p.m. on October 30 to 6:00 a.m. on October 31.

From 9:00 p.m. on October 31 to 6:00 a.m. on November 1.

The Borough Council may, by resolution, impose different and more restrictive hours and dates which shall control the enforcement of this section during any given year provided that such resolution shall not impose a curfew beyond the parameters hereinafter set forth.

No curfew imposed by resolution of the Borough Council shall be applicable to any date earlier than October 25 nor later than November 2 in any given year.

No curfew imposed by resolution of the Borough Council shall impose such curfew between the hours of 6:00 a.m. and 8:00 p.m. on any given day.

The failure of the Borough Council of the Borough to impose any curfew by resolution in any given year shall not affect the enforcement of the curfew as set forth in paragraph a. above, during such given year.

§ 3-3 STORAGE OF INOPERABLE VEHICLES.

§ 3-3.1 Prohibited; Exceptions.

[Ord. #368, S 7-1; Ord. #551, S 7-1; Ord. #788, S 1; Ord. #807, S 1; Ord. #92-56, S 1]

No person shall hereafter store or permit to be stored upon any lands within the Borough any inoperable vehicle, unless the inoperable vehicle is stored in a garage which entirely encloses the vehicle so that it is not visible to the public.

There shall be further exempt from the provisions of this section the storing of any historic motor vehicle. An historic motor vehicle shall mean any motor vehicle which is at least twenty-five (25) years old and which is owned as a collector's item and used principally for exhibition and educational purposes by the owner. It shall not be necessary, however, that such historic motor vehicle actually be registered as such, in accordance with the State statutes governing registration of historic motor vehicles.

Notwithstanding the above, no more than one (1) inoperative vehicle shall be permitted to be stored upon any residential lands within the Borough for more than fifteen (15) calendar days. An inoperable vehicle, for the purposes of this subsection, is defined as a motor vehicle which is inoperative as a result of a defect or deficiency in the structure or mechanics of the vehicle such as: flat tires, missing parts to the vehicle, stored on jacks, etc. As defined herein, "inoperable vehicle" is not intended to include a vehicle which is inoperable only because the license plates, registration or insurance coverage has been removed from the vehicle.

§ 3-3.2 Interpretation.

[Ord. #368, S 7-2; Ord. #807, S 2]

A motor vehicle which is not capable of being used or operated due to a mechanical malfunction or failure to have a valid current registration from the New Jersey Division of Motor Vehicles shall be deemed to be an inoperable vehicle.

§ 3-3.3 (RESERVED)

Editor's Note: Former subsection 3-3.3, Definitions, previously codified herein and containing portions of Ordinance Nos. 368, 788 and 807 was repealed in its entirety by Ordinance No. 92-56.

§ 3-3.4 Violations and Penalties; Complaints.

[Ord. #368, S 7-5; Ord. #496, S 7-5]

Any person violating or permitting the violation of any of the provisions of this Section shall, upon conviction, be subject to a penalty as established in Chapter I, Section 1-5.

All complaints shall be filed with the Zoning and Enforcement Officer, in accordance with Section 2-15 of this Code.

§ 3-4 DISCHARGE OF FIREARMS.

§ 3-4.1 Preamble.

[Ord. #630]

The Borough is neither a rural nor expanding community and is a fully developed Borough consisting primarily of residential and small business uses. The Borough Council has determined that the firing or discharge of any firearm within or into the territorial limits of the Borough would be injurious to the health, safety and welfare of the citizens of the Borough and would be likely to result in substantial loss of life or property.

§ 3-4.2 Definitions.

[Ord. #630, S 42-1; Ord. #94-27, S 1]

DISCHARGE: shall mean the act of freeing, firing, ejecting, shooting or in any other manner emitting any solid projectable ball, slug, pellet, missile or bullet or any gas, vapor or other noxious thing by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.

EXPLOSIVE, MACHINE GUN, HANDGUN, RIFLE, SHOTGUN, SAWED-OFF SHOTGUN: shall mean the definitions as set forth and contained in N.J.S.A. 2C:39-1.

FIREARM: shall mean any hand gun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths (3/8") of an inch in diameter, with sufficient force to injure a person. Firearm shall also include any bow and arrow or crossbow capable of lethal use or of inflicting serious bodily injury as defined in Title 2C of the New Jersey Statutes.

§ 3-4.3 Discharge of Firearms Prohibited.

[Ord. #630, S 42-4]

No person shall discharge any firearm anywhere within the territorial jurisdiction of the Borough, regardless of whether such discharge is within or without the confines of any building, vehicle or enclosure and regardless of whether such discharge actually results in any damage or injury to any person or property. No person shall discharge any firearm into or through the territorial limits of the Borough or any part thereof, from any point beyond the territorial limits of the Borough.

§ 3-4.4 Presumptions.

[Ord. #630, S 42-3]

When a firearm is found to have been discharged in violation of this Section, it shall be presumed that the person in possession of such firearm at the time that the same shall first come within the control or custody of any law enforcement agency or any employee, officer, agent or representative of any law enforcement agency, was the person to have discharged such firearm in violation of this Section.

When a firearm found to have been discharged in violation of this Section is discovered in any dwelling, business or other structure, such firearm shall be presumed to be in the possession of the occupant thereof if there is but one. If there is more than one occupant in such dwelling, business or other structure, such firearm shall be presumed to be in the possession of all, except under the following circumstances:

When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;

When the firearm is found out of view in any closet, case, desk, trunk, or other item of furniture, or any other enclosed depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to occupy such dwelling, business or other structure.

When a firearm is discovered or found in a vehicle, such firearm shall be presumed to be in the possession of the occupant thereof if there is but one. If there is more than one occupant in such vehicle, such firearm shall be presumed to be in the possession of all, except under the following circumstances:

When it is found upon the person of one of the occupants, it shall be presumed to be in the possession of that occupant alone;

When the vehicle is not a stolen one and the firearm is found out of view in a glove compartment, trunk or other enclosed customary depository, it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the vehicle; and

When the vehicle is a taxicab, and firearm is found in the passenger's portion of the vehicle, it shall be presumed to be in the possession of all the passengers, if there are any, and if not, in the possession of the driver.

§ 3-4.5 Exceptions.

[Ord. #630, S 42-4; Ord. #94-27, S 2]

Nothing in this Section shall apply to the discharge of any firearm by any individual as set forth in N.J.S.A. 2C:39-6A, or C, provided that such discharge is necessary and in furtherance of the performance of the official duties of such person; or to any other person who discharges any firearm in a lawful attempt to prevent the perpetration of any crime or in the lawful attempt to apprehend the perpetrator of any crime. Additionally, the provisions herein applying to bow and arrow and cross-bows shall not apply if the use is under the control or supervision of a Police or Board of Education sponsored event or Board of Education curriculum.

§ 3-5 GAMES OF CHANCE ON SUNDAY.

§ 3-5.1 Conduct on Sundays Permitted.

[Ord. #426, S 48-1]

Pursuant to the rules of the Legalized Games of Chance Control Commission of the State of New Jersey, the conduct of such games on Sunday is hereby specifically authorized.

§ 3-6 CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC OR QUASI-PUBLIC PLACES PROHIBITED.

§ 3-6.1 Consumption on Unlicensed Premises Unlawful.

[Ord. #634, S 1]

No person shall consume any alcoholic beverage in or about any public or quasi-public lace or upon any private property to which the public is normally invited except such premises to which a plenary retail consumption liquor license, club license or temporary liquor license shall apply.

§ 3-6.2 Consumption in Unlicensed Public Premises Prohibited; Bring Your Own Beverage (BYOB) Exception.

[Ord. No. 2017-07]

No person shall drink or otherwise consume, or offer to another person for the purpose of consumption, in any public place, lane or sidewalk, public parking lot, public or quasi-public place other than a place licensed to sell alcoholic beverages and dispense alcoholic beverages for consumption on the premises, or in public conveyance; provided, however, that the provisions of this subsection shall not apply to any place or establishment for which a valid alcoholic beverage consumption license has been issued by the New Jersey Division of Alcoholic Beverage Control. No person owning or operating any commercial establishment, whether or not food or beverages are sold or served on the premises, shall permit or allow the consumption of alcoholic beverages on the premises whether or not said alcoholic beverages are brought onto the premises by the owner or operator of the establishment or by any member of the general public. Notwithstanding the foregoing, BYOB services shall be permitted only as set forth in paragraphs b. and c. of this subsection.

For the purposes of this subsection, the term "restaurant" or "eating establishment" shall mean any establishment, however designated, regularly or principally used for the purpose of providing meals to the public, having adequate kitchen and dining room, equipped for the preparing, cooking and serving of foods for its customers in which no other business except such as is incidental to such establishment, is conducted. Said establishment shall have waiter/waitress and dining room staff to serve meals to the public. Nothing in the term "restaurant" or "eating establishment" contained herein shall mean to include fast-food or carry-out restaurants.

Rules and Regulations. The following rules and regulations are applicable to all premises allowing patrons to BYOB:

Premises allowing patrons to BYOB must comply with all applicable State, Federal and municipal rules, regulations, statutes, and ordinances pertaining to the consumption of wine or malt alcoholic beverages on a premises that is not licensed or permitted to sell or serve alcoholic beverages.

Premises allowing patrons to BYOB shall provide notice in writing to the Point Pleasant Borough Municipal Clerk by November 1st of the preceding year indicating BYOB will be permitted on said premises. The notice shall include the name of the establishment, street address, and lot and block numbers of the premises on which the restaurant business is conducted, and the name and telephone number of the manager of the restaurant business.

The consumption of alcoholic beverages, other than wine or malt alcoholic beverages, shall not be permitted.

There shall be no consumption of wine or malt alcoholic beverages by employees of the premises, but only by patrons who are seated for meal service at a table. No person waiting to be seated for service may consume or possess an open container of an alcoholic beverage while waiting to be seated for service.

The consumption of alcoholic beverages by patrons may be permitted in fully enclosed indoor dining areas of the premises. Outdoor consumption of alcoholic beverage by patrons may be permitted, provided:

(a)

The outdoor area is fully enclosed by a permanent structure or fence;

(b)

Ingress and egress shall be through the main facility;

(c)

If ingress and egress cannot be accommodated through the main facility, then an employee, at least twenty-one (21) years of age, must be stationed at the outdoor entrance; and

(d)

The outdoor seating area must have an emergency-alarmed exit.

The consumption of wine or malt alcoholic beverages shall be permitted only during the hours of 4:30 p.m. to 11:00 p.m.

No BYOB establishment shall charge any admission fee or cover charge, corkage or service charge.

No BYOB establishment shall advertise inside or outside of the premises or in any medium whatsoever that patrons may bring and consume their own wine or malt alcoholic beverages on the premises.

No BYOB establishment or employee shall be permitted to serve, handle, pour or distribute alcoholic beverages on the premises.

10.

There shall be no storage of alcoholic beverages on the premises. Patrons shall not be permitted to deliver alcoholic beverages to the premises in advance or to leave alcoholic beverages on the premises in advance or to leave alcoholic beverages on the premises to be consumed or picked up at a later time.

11.

Patrons who desire to consume wine or malt alcoholic beverages in the premises shall bring such beverages with them to the establishment. No delivery of alcoholic beverages by any person, including a licensed alcoholic beverage establishment, shall be permitted.

12.

Alcoholic beverages shall not be permitted to be stored, displayed, or maintained on service bar or service table and must be kept by the patron at the table at which the patron is seated.

13.

No BYOB establishment shall permit a patron or any person to bring or deliver to the premises a large quantity of alcoholic beverages intended for the consumption at a party or other special event to be attended by more than one table of patrons. Public or private parties to be attended by more than four (4) persons and for which the host of the party provides alcoholic beverages to the persons attending the function are not permitted.

14.

No BYOB establishment or employee shall allow, permit, or suffer any alcoholic beverages to be consumed by any intoxicated person or by any person under the age of twenty-one (21) years.

15.

A BYOB establishment shall immediately report to the Point Pleasant Borough Police Department any incident of underage drinking or the presentation of false identification by an underage person and any incident involving the excessive consumption of alcohol by a patron.

§ 3-7 POINT PLEASANT CANAL REGULATIONS.

Editor's Note: To change the name of the canal, known as the Bay Head-Manasquan Canal and as the Manasquan River-Barnegat Bay Canal, to Point Pleasant Canal. Enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Public Law 88-648, 88th Congress, S. 2654, October 13, 1964.

§ 3-7.1 Swimming or Bathing Prohibited.

[Ord. #368, S 58-1]

There shall be no swimming or public bathing within the confines of the United States right-of-way lines located on the east and west sides of the Point Pleasant Canal, and also all that area in the Borough of Point Pleasant described as follows:

Beginning at a point located on the west side of the canal at pile number two hundred (200) located on the established bulkhead, and running thence north thirty-two (32°) degrees west twenty-five (25') feet into the Manasquan River.

Also beginning at a point on the east side of the canal at pile number two hundred twenty (220) located in the established bulkhead, and running thence north one (1°) degree thirty seconds (30") west twenty-five (25') feet.

§ 3-7.2 Discarding of Trash or Refuse.

[Ord. #368, S 58-2]

No person shall discard debris, bottles, bait, refuse, papers, cardboard, tin cans or trash of any nature, kind or description into or upon any of the areas designated in subsection 3-7.1 nor shall any of the foregoing items be discarded or placed upon any of the lands adjacent or contiguous to the areas described more particularly in subsection 3-7.1 hereof.

Editor's Note: See also Chapter XII, Streets, Sidewalks and Sanitation for additional regulations regarding trash or refuse.

§ 3-7.3 Posting of Signs.

[Ord. #368, S 58-3]

There shall be posted appropriate signs near the areas described in subsection 3-7.1 hereof, although it shall not be a prerequisite to prosecution and conviction of any offenders that the sign or signs have not been posted or removed, damaged or destroyed.

§ 3-8 RULES AND REGULATIONS FOR CURTIS AVENUE BOAT RAMP FACILITY.

§ 3-8.1 Location of Facility.

[Ord. #842; Ord. #846]

The "Curtis Avenue Boat Ramp" is defined as that public facility in the Borough bordered by Curtis Avenue curbline to the east, Curtis Avenue curbline to the west, River Road to the south, and the waterway to the north.

§ 3-8.2 General Regulations.

[Ord. #842; Ord. #846; Ord. #875, SS 1, 2; Ord. #91-29, S 1; Ord. #91-33; Ord. No. 2016-09 § 1]

The following conduct shall be prohibited within the limits of the Curtis Avenue Boat Ramp Facility:

Cutting, injuring, defacing, removing, disturbing, marking or writing upon any tree, shrub, fence, bench or other structure, apparatus or property, and picking, cutting or removing any shrub, bush, plant or flower.

Take, permit, or allow any animal to be or go upon the ramp, beach or in the water.

Sales or displays of, or offers to sell, goods or wares, except by special permission of the Borough Council.

Distribution or posting of written or printed material, except this subsection or summaries hereof, official notices of the Recreation Department, or by special permission of the Borough Council.

Holding, conducting, or addressing public assemblages or debates, except such as are arranged or sponsored by the Recreation Department, without having first obtained a permit therefor.

Conducting exhibitions or entertainment, except such as are organized or sponsored by the Recreation Department, without having first obtained permission from the Borough Council.

The facility shall be open to permit holders only from 7:00 a.m. until 8:00 p.m. daily. From October 1 through April 30 however the hours of operation shall be from 7:00 a.m. to one-half (1/2) hour before sunset, daily.

Uttering of abusive or profane language.

Fighting, or other conduct disturbing to others or disruptive of the public peace.

Betting, gambling, gaming or the playing of any sport.

Possession of guns, slingshots or other dangerous weapons.

The driving or parking of motor vehicles, except the paring of duly licensed or registered motor vehicles in designated parking areas while said facility is open to the public.

The discarding of debris, bottles, bait, refuse, papers, cardboard, tin cans or trash of any nature, kind or description on to the Facility or upon any of the lands adjacent or contiguous to the Facility.

Making or maintaining fires.

Possession of open alcoholic beverages or consumption thereof.

_____

The loading and unloading of boats in excess of eighteen (18') feet in length and/or gross weight of two thousand (2,000) pounds. For purposes herein, "boat" is defined as a vessel for transport by water, constructed to provide buoyancy and shaped to give stability, including but not limited to paddle boards, kayaks, canoes, and personal watercraft.[1]

[1]

Editor's Note: Former § 3-8.2p2, regarding the launching and landing of personal watercraft, was repealed 2-25-2019 by Ord. No. 2019-04.

Disrobe, dress or undress on the beach, parking lot or in automobiles.

Swimming, fishing or picnicking.

The unloading or loading of all boats shall be limited to a fifteen (15) minute period. For purposes herein, "loading and unloading" is defined as the removal or return of a boat from a boat trailer or motor vehicle. It is the express intent of these regulations to provide a safe operating facility for all parties. Therefore, due to the vehicle traffic and boat traffic in and about the boat ramp facility, it is the express purpose herein to limit use of the facility for loading and unloading of boats only. Use of this facility for any other purpose shall constitute violation of these regulations.

Commercial use.

Refueling of all boats.

All boats must contain a valid New Jersey registration sticker, if required by State Law.

No boat shall be left unattended for more than a ten (10) minute period.

§ 3-8.3 Use of Facility.

[Ord. #842; Ord. #846; Ord. #91-29, S 1; Ord. #91-33; Ord. #92-50, S 1; Ord. No. 2016-09 § 2]

Any resident or taxpayer of the Borough of Point Pleasant shall be entitled to use the facilities during scheduled times of operation.

Permit Required.

No person shall be entitled to use the Boat Ramp or be on or about the Facility without first having been issued a permit to do so. Such permit shall be evidenced by a receipt showing that the person or persons using the Facility have paid the appropriate fees for such use delineated in this section. Notwithstanding the forgoing, no permit shall be required for vessels eighteen (18') feet in length and under that do not have an engine.

Proof of status as a taxpayer shall be determined by the office of the Borough Tax Collector or Borough Tax Assessor. A taxpayer is a person who owns a real property in the Borough. Residency is defined as a person who lives in the Borough for more than one hundred eighty (180) calendar days. Residency shall be determined based on that proof satisfactory to the Borough.

Applicant shall submit a copy of current boat registration, if required by State Law, with completion and submission of application as prescribed by the Borough.

Registration Decals. Two (2) shall be issued with each permit and shall be placed by the owner of the vessel in two (2) locations, one (1) on the vessel transom and one (1) on the trailer. If there is no trailer for the vessel, then the decal shall be displayed inside the vehicle on the driver's side dash board.

Each applicant shall receive a copy of the Schedule of General Regulations and fines thereto. Applicants must sign a receipted statement that he/she has read the Schedule of Regulations before being issued a permit.

Time Limit for Validity of Permit.

Permits as issued under paragraph a. subsection 3-8.3, when issued, shall entitle the holder to use the Boat Ramp Facilities and to be on or about the Facility during the calendar year (January 1 to December 31) for which the permit is issued.

Permits shall be renewed in the same manner set forth herein as for issuance of the original permit.

Permit Fees.

All residents or taxpayers of the Borough of Point Pleasant shall be issued a permit upon the payment of a fee of twenty ($20.00) dollars.

All residents or taxpayers of the Borough of Point Pleasant sixty-five (65) years of age and over, upon proof of age, shall be issued a permit upon payment of fifteen ($15.00) dollars.

Revocation of Permit. A permit issued shall authorize use of the Facility only insofar as it may be performed in strict accordance with the rules and regulations for its use set forth herein or as prescribed by the Borough Council. Any violation by the holder of the permit of any rules and regulations shall constitute grounds for revocation by the agents or representatives of the Borough Council whose action herein shall be final. In the event of the revocation of any permit issued hereunder, all moneys paid for on an account thereof shall be retained by the Borough, and the holder of the permit shall be jointly and severally liable to the Borough for all damages and losses suffered by it in excess of the moneys so forfeited and retained; but neither such forfeiture and retention by the Borough of the whole or any part of such moneys, nor the recovery or collection thereof of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any provision of this ordinance or any other Borough ordinance, rule or regulation.

Terms and Conditions of Permit Issuance. The pro-vision of this subsection and all rules and regulations enacted and promulgated by the Borough Council as herein provided are hereby declared to be considered as part of the terms and conditions of each permit issued hereunder.

Number of Permits Issued Each Year. It is acknowledged by the Borough Council that no public parking other than normal street parking exists for the servicing of cars and boat trailers for those persons who utilize the Curtis Avenue Boat Ramp Facility. Therefore in order to not unduly impact upon the residential neighborhood surrounding the boat ramp facility, and upon advice of the Borough Engineer and after giving due consideration to not only the residents living around the Curtis Avenue Boat Ramp Facility, but also to the boaters who wish to utilize the Facility, the Borough Council will limit the number of permits issued to residents and/or taxpayers of the Borough who have a current boat registration in his/her name, to one hundred (100) permits each year, first come, first serve.

§ 3-8.4 Maintenance by the Borough; The Right to Protect and Construct.

[Ord. #842; Ord. #91-29, S 1; Ord. #91-33]

The Facility shall be maintained by the Borough.

The Borough shall have the right to protect the Facility from erosion, encroachment and damage; and

Construct and maintain public walks and approaches thereto.

§ 3-8.5 Policing.

[Ord. #842; Ord. #846; Ord. #91-29, S 1; Ord. #91-33]

The Borough shall have the right to police the place of resort and to hire, engage and pay such police officers and facilities monitors as shall be necessary for the proper policing of the Facility. This subsection shall not supersede any federal, state, county or other Borough law or regulation regarding use of boats or vessels.

§ 3-8.6 Posting of Signs.

[Ord. #842; Ord. #91-29, S 1; Ord. #91-33]

There shall be posted appropriate signs near the entrance of the Facility, at the Boat Ramp and parking area designating proper parking procedures, although it shall not be a prerequisite to prosecution and conviction of any offenders that the sign or signs have not been posted or removed, damaged or destroyed.

§ 3-8.7 Violations and Penalties.

[Ord. #842; Ord. #91-29, S 1; Ord. #91-33]

Any person who shall violate provisions or subsections of this Section shall be fined in accordance with the following schedule pertaining to the applicable subsection of this Section:

Violations of subsection 3-8.2 (b, c, d, e and f): $10.00

Violations of subsection 3-8.2(a, h, i, j, l, q, r, s, v): $15.00

Violations of subsection 3-8.2 (g, m, o): $25.00

Violations of subsection 3-8.2 (k, n, p, t, u): $100.00.

All violations of the Section shall be enforced by the Municipal Courts.

§ 3-8A USE OF THE BOROUGH OWNED GROVE/GAZEBO.

§ 3-8A.1 Title.

[Ord. #2000-10, S 1]

This section shall be known and cited as the "Grove/Gazebo Access Ordinance of the Borough of Point Pleasant."

§ 3-8A.2 Permit Required.

[Ord. #2000-10, S 1]

No person, persons or entities shall be permitted to use the Borough-owned grove/gazebo for any event, function, occurrence, party, concert, or entertainment function, if such use shall consist of five (5) or more persons, without obtaining a permit for the use of such a facility from the Borough Clerk for the Borough of Point Pleasant.

§ 3-8A.3 Exceptions.

[Ord. #2000-10, S 1]

The requirement for a permit shall not apply to:

Any official governmental agency and/or body of the Borough of Point Pleasant.

§ 3-8A.4 Application.

[Ord. #2000-10, S 1]

Any person, persons, and/or group or organization, whether for profit, nonprofit and/or charitable organization must make application for each use of this facility with the Borough Clerk, on forms provided by the Borough Clerk. Such application shall be filed no later than twenty-one (21) days prior to each proposed use of the facility. Notification of cancellation is required at least one (1) week prior to the use thereof.

§ 3-8A.5 Contents of Application.

[Ord. #2000-10, S 1]

The application for use of the facility, shall, at a minimum, set forth the following information:

The name, address and telephone number of the person, persons and/or entity seeking to utilize the facility.

Whether such an entity is a nonprofit organization duly recognized for nonprofit status by the State and/or Federal government.

If the facility is to be utilized by any organization, whether nonprofit or for profit, the names, address and telephone numbers of any and all individuals who are members of said organization and who are authorized to act for and are responsible for the actions of said organization.

The date and time during which the facility will be utilized.

The approximate number of persons who will attend.

Whether the entity and/or person applying for use of the facility is an organization serving the residents of the Borough of Point Pleasant and/or is made up of residents of the Borough of Point Pleasant.

Any additional information which the Borough Clerk shall request and/or find reasonably necessary for a fair determination as to whether or not such a permit should be issued.

§ 3-8A.6 Fee for Permit.

[Ord. #2000-10, S 1]

The Borough of Point Pleasant shall charge and collect a fee at the time of application for each event to offset the cost of maintenance and cleaning of the facility as follows:

If anticipated attendance is 0-50 persons: $25.00.

If anticipated attendance is 50 persons or more: $50.00.

§ 3-8A.7 Exception to Fees.

[Ord. #2000-10, S 1]

A nonprofit organization duly recognized as such by either State or Federal government may request a waiver of the fee which waiver may be granted at the discretion of the Borough Council.

Any individual or individuals applying for use of the facility for a wedding ceremony and/or pictures shall not be required to pay a fee for the use of same.

Whether the fee is waived or not required as set forth hereinabove, all individuals and/or entities must complete the application required.

§ 3-8A.8 Notice of Denial.

[Ord. #2000-10, S 1]

If the Borough Council disapproves of an application, the Borough Clerk shall notify the applicant of the Council's decision.

§ 3-8A.9 Alcoholic Beverages.

[Ord. #2000-10, S 1]

No alcoholic beverages shall be permitted on the premises at any time.

§ 3-8A.10 Damages.

[Ord. #2000-10, S 1]

The Borough of Point Pleasant will bill those residents and/or organizations using the facility for any damages incurred to the building, grounds or equipment following the use of same by said person and/or entity.

§ 3-9 PEACE AND GOOD ORDER.

§ 3-9.1 Loitering.

[Ord. #90-16, S 1]

Definitions. For the purposes of this Section, the following terms shall have the meanings indicated:

LOITERING: shall mean remaining idle in essentially one (1) location and shall include the concepts of spending time idly, loafing or walking about aimlessly or consuming an alcoholic beverage in a public place, and shall also include the colloquial expression "hanging around."

PUBLIC PLACE: shall mean any place to which the public has access and shall include any street, highway, road, alley or sidewalk, or a hallway, lobby, roof, basement, or office of a public building. It shall also include the front or the vicinity of any such public place or of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks, lots or other vacant private property not owned by or under the control of the person charged with violating this subsection.

No person shall loiter in a public place in such manner as to:

Create or cause to be created a danger of breach of the peace.

Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.

Obstruct the free passage of pedestrians or vehicles.

Obstruct, molest or interfere with any person lawfully in any public place as defined in paragraph a. herein. This paragraph shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.

Discretion of Police Officer. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in a public place is causing or is likely to cause any of the conditions enumerated in paragraph b., he/she may, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this Section.

Any person violating any of the provisions of this subsection shall, upon conviction, be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment not exceeding ninety (90) days, or both, in the discretion of the court. Juvenile offenders subject to the provisions of N.J.R.S. 2A:4-1 et seq. shall be dealt with in accordance with the provisions of that enactment.

§ 3-9.2 General Prohibitions.

[Ord. #90-16, S 1; Ord. #1996-15, SS 1, 2; Ord. #2011-04]

After the effective date of this subsection, each of the following acts and things are hereby forbidden in the Borough:

No person shall go about from door to door, or place himself on any street, highway or road to beg, crave charity or collect alms.

No person shall wander abroad and lodge in any tavern, inn, house of entertainment, barn or other building without the permission of the owner or other person having the authority to grant such permission of said property so to do.

No person shall lodge in open air on any public property, street, highway or field without permission of the owner or other person having the authority to grant such permission of said property so to do.

No person shall disturb the exercises of a public school or give annoyance to the children attending the public school or any teacher therein.

No person shall give a false alarm of fire.

No person shall dump any garbage, refuse, paper, glass or cans upon any public highway or any private property.

No person shall place or throw any glass, bottle, can or other sharp and dangerous substance upon any public highway, and no person shall urinate in any public place.

No person shall act as or be a tramp or beggar in this Borough.

No person shall possess or operate a punch board or other gambling paraphernalia.

10.

Alcoholic beverages.

(a)

No person shall consume an alcoholic beverage within the Borough or have in his or her possession any open alcoholic beverage container with unconsumed beverage while:

(1)

In or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreational area, school building or grounds or any other public or quasi-public place or any public conveyance.

(2)

In a private motor vehicle or truck, while the same is in motion or parked on any public street, lane, parking area, parking lot or other public or quasi-public place.

(3)

Upon any private property not his or her own without the permission of the owner or other person having the authority to grant such permission.

(b)

Nothing contained in this provision, however, shall be construed to apply to the consumption of alcoholic beverages within the licensed premises of an establishment having a plenary retail consumption liquor license or at any event duly authorized or sanctioned by the Borough for which all necessary permits have been acquired.

(c)

No person shall offer or serve an alcoholic beverage to a person under legal age in any public or private place within the Borough of Point Pleasant. No person who has ownership or control of any premises, whether public or private, or supervision of any event, shall permit, suffer or allow the consumption of an alcoholic beverage by a person under legal age in or upon any such premises or at any such event within the Borough of Point Pleasant. This paragraph shall not apply to any person who is related to the person under legal age by blood, marriage or adoption and who has no more remote relationship to such person under legal age than first cousin.

11.

No person shall be allowed to sleep during the hours from dusk to dawn in a motor vehicle, motor home, nonmotorized vehicle, trailer or camper, within the Borough of Point Pleasant, where the vehicle is on public property. In addition, no person shall be allowed to utilize a motor vehicle, motor home, nonmotorized vehicle, trailer, camper, temporary structure or tent as a semi-permanent or permanent residence, sleeping quarters or living quarters on public or private property.

12.

No person under the age of twenty-one (21) years shall be allowed to possess an opened bottle of alcoholic beverages within the boundaries of the Borough of Point Pleasant Borough, while on public property.

Every person convicted of a violation of a provision of this subsection, or any supplement thereto, shall be liable to a penalty of not more than one thousand ($1,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or both.

§ 3-9.3 Public Conduct During Parades.

[Ord. #2001-24]

Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.

Driving Through Parades. No driver of a vehicle shall drive between the vehicles or person comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

Parking on Parade Route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway, or part thereof, constituting a part of the route of a parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this subsection.

Violations and Penalties. Any person who violates any provision of this subsection shall, upon conviction thereof, be punished by a fine of not more than one thousand ($1,000.00) dollars, by imprisonment for a term not to exceed ninety (90) days and/or by a term of community service not to exceed ninety (90) days.

§ 3-10 REGISTRATION OF CERTAIN CRIMINAL OFFENDERS.

§ 3-10.1 Definitions.

[Ord. #1994-22, S 1]

As used in this section the following definitions shall apply:

CONVICTED OFFENDER: shall mean any person who has been convicted of a violation of the following statutes: N.J.S.A. 2C:14-2, N.J.S.A. 2C:14-3 and N.J.S.A. 2C:14-4, where the victim of said crime was a person under the age of eighteen (18).

PERMANENT RESIDENT: shall mean any person who resides within the Borough of Point Pleasant for more than thirty (30) days in any one year.

§ 3-10.2 Registration Required.

[Ord. #1994-22, S 2]

Any convicted offender who becomes a permanent resident of the Borough of Point Pleasant shall, upon obtaining permanent residence status as defined in this section, register at the Point Pleasant Borough Police Department. At the time of registration the following information shall be supplied by the convicted offender:

Name and social security number;

Street address;

Driver's license number;

Make, model and license plate number of any motor vehicle owned or used;

Nature of each and every offense committed;

Date of each offense and date of each conviction;

Date of release from custody;

Prosecuting agency for each offense;

Age of victim for each offense;

Obligation to provide that information contained in paragraph a. above shall be a continuing obligation and any change in any of the information so supplied shall be immediately reported to the Point Pleasant Police Department.

§ 3-10.3 Maintenance of Registry.

[Ord. #1994-22, S 3]

The Chief of Police shall maintain a registry of convicted offenders containing the information required in subsection 3-10.2 of this section in alphabetical order by street name, which registry shall be available at all times for inspection by any person. A copy of the registry shall also be forwarded by the Chief of Police to the Point Pleasant Board of Education.

§ 3-10.4 Penalty.

[Ord. #1994-22, S 4]

Unless otherwise provided by law, statute or ordinance, any person charged with violating any of the provisions of this section shall, upon conviction thereof, pay a fine not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars and be subject to imprisonment for any term not exceeding ninety (90) days, or both.

§ 3-11 DRUG-FREE SCHOOL ZONES.

§ 3-11.1 Map Adopted.

[Ord. #1996-08, S 1]

In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free School Zone Map produced by John E. Walsh, P.E. under date of May, 1990 and revised as of December 1995 as Point Pleasant Municipal Engineer is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or School Board and of the areas on or within one thousand (1,000') feet of such school property.

§ 3-11.2 Official Finding and Record.

[Ord. #1996-08, S 2]

The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-11.1 of this Section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes until such time, if any, that this Section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.

§ 3-11.3 Notification of Change in Boundaries.

[Ord. #1996-08, S 3]

The School Board or the Chief Administrative Officer in the case of any private or parochial school is hereby directed and shall have the continued obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.

§ 3-11.4 Map on File.

[Ord. #1996-08, S 4]

The Clerk of the Borough of Point Pleasant is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-11.1 of this Section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such copy along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this Section shall be provided without cost to the County Clerk and to the Office of the Ocean County Prosecutor.

§ 3-11.5 Additional Matters.

[Ord. #1996-08, S 5]

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to subsection 3-11.1 of this Section was prepared and is intended to be used as evidence in the prosecutions arising under the criminal laws of this State and pursuant to State law, such map shall constitute prima facie evidence of the following:

The location of elementary and secondary schools within the municipality.

The boundaries of the real property which is owned by or leased to such schools or a School Board.

That such school property is and continues to be used for school purposes.

The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property.

Except as is otherwise expressly noted on the fact of the approved and adopted map, all property depicted on the map approved and adopted herein as school property was owned by or leased to a school or School Board and was being used for school purposes as of July 9, 1987, that being the effective date of N.J.S.A. 2C:35-7.

Pursuant to the provisions of P.L. 1988, c. 44, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-11.1 of this Section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or School Board or that such property is not used for school purposes.

All of the requirements set forth in P.L. 1988, c. 44 concerning the preparation, approval and adoption of a Drug-Free School Zone Map have been complied with.

§ 3-12 DRUG FREE PUBLIC FACILITY ZONES.

§ 3-12.1 Preamble.

[Ord. #1999-26, SS 1, 2]

The New Jersey Legislature has adopted and the Honorable Christine Todd Whitman, Governor, has signed into law revisions to the New Jersey Drug Enforcement Statute, N.J.S.A. 2C:35-1 et seq.

The aforementioned statutory revisions, in part, make it a second degree crime to distribute, dispense and/or possess with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within five hundred (500') feet of real property comprising a public housing facility, a public park, a public building and a third degree crime to distribute, dispense, and/or possess with the intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within one thousand (1000') feet of real property comprising of public schools/grounds.

§ 3-12.2 Map Adopted.

[Ord. #1999-26, S 3; Ord. #2012-12]

In accordance with and pursuant to the Authority of N.J.S.A. 2C:35-7, the Drug Free Public Facility Zone Map produced by John J. Stefani, P.E., L.S., under date of June 1, 2012 as the Point Pleasant Municipal Engineer is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for public facility purposes, herein defined as public housing facilities, public parks and public buildings, all of which are defined in N.J.S.A. 2C-35-7, and of areas on or within five hundred (500') feet of the aforementioned facilities, as well as areas on or within one thousand (1000') feet of the public schools/grounds.

§ 3-12.3 Official Finding and Record.

[Ord. #1999-26, S 4]

The Drug-Free Public Facility Zone Map approved and adopted pursuant to subsection 3-12.2 of this Section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within five hundred (500') feet of public facilities as defined herein and within one thousand (1000') feet of any and all public schools/grounds and if modified this Section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public facility properties and Drug-Free Public Facility Zones.

§ 3-12.4 Notification of Change in Boundaries.

[Ord. #1999-26, S 5]

The Borough Clerk of the Borough of Point Pleasant is hereby directed and shall have the continued obligation to promptly notify the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property used for public facility purposes, as defined herein.

§ 3-12.5 Map on File.

[Ord. #1999-26, S 6]

The Clerk of the Borough of Point Pleasant is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-12.2 of this Section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such copy along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this Section shall be provided without cost to the County Clerk and to the Office of the Ocean County Prosecutor.

§ 3-12.6 Additional Matters.

[Ord. #1999-26, S 7]

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to subsection 3-12.2 of this Section was prepared for and is intended to be used as evidence in the prosecutions arising under the criminal laws of this State and pursuant to State law, such map shall constitute prima facie evidence of the following:

The location of public housing facilities, public parks, public buildings, and school buildings/grounds all as defined in N.J.S.A. 2C:35-7.

The boundaries of the real property which is referenced in subsection 3-12.6a,1 herein.

That such property is and continues to be used for public purposes.

The location and boundaries of areas which are on or within five hundred (500') feet of such property used for public facility purposes, as defined herein and on or within one thousand (1,000') feet of such property used for school buildings/grounds as defined herein.

Except as is otherwise expressly noted on the face of the approved and adopted map, all property depicted on the map approved and adopted herein as property used for public facilities as defined herein owned by, controlled and/or leased to or by the Borough, and being used for public purposes as of the effective date of the adoption of this Section.

Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in the statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-12.2 of this Section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public facility purposes and which is owned by or leased to the Borough, whether the absence of such depiction is the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to the Borough or that such property is not used for public facilities purposes.

All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a Drug-Free Public Facility Zone Map have been complied with.

§ 3-13 SMOKING AND USE OF TOBACCO PRODUCTS ON SCHOOL GROUNDS PROHIBITED.

§ 3-13.1 Definitions.

[Ord. #1999-19, S 1; Ord. #2018-08]

SMOKING: shall mean the use of lighted cigar, cigarette, pipe, e-cigarette, hookah device or any other device, matter or substance which contains tobacco, nicotine and/or any other similar products, flavorings or other e-liquid constituents used to ingest, inhale or introduce chemicals into the human body, in accordance with the NJ Smoke Free Air Act (N.J.S.A. 26:3D-55).

§ 3-13.2 Making and Enforcement of Regulations.

[Ord. #1999-19, S 1; Ord. No. 2018-08]

Any school board having a public school building or public school property located within the Borough of Point Pleasant shall make and enforce regulations to prohibit the use of these products as defined and to prohibit smoking anywhere in its building and on its grounds except as part of a classroom instruction or theatrical production. The regulations shall also provide for additional specified limitations regarding smoking on the school grounds as designated by the respective schools. In accordance with the aforementioned regulations smoking and use of the products as defined herein is prohibited on school board grounds and in school board buildings.

§ 3-13.3 Complaints for Violations of this Chapter.

[Ord. #1999-19, S 1; Ord. No. 2018-08]

The Superintendent of the school district, or persons designated by him/her, or any other school principal, or persons designated by such school principal, or any other person having control of school property, or other public servant engaged in his official duties, or any other citizen, may sign a complaint against any individual for a violation of the provisions of this Section.

§ 3-13.4 Posting of Signs.

[Ord. #1999-19, S 1; Ord. #2018-08]

Every public entrance onto school property shall be posted with a sign legibly lettered notifying the public that the use of the defined products and smoking is forbidden on the property or in the school building and shall further state that violations are subject to fine and punishment by municipal ordinance. There shall be a minimum of four (4) signs posted at each school property under the ownership or control of the Point Pleasant Board of Education. The Point Pleasant Board of Education shall assume all responsibility for maintaining and if necessary replacing the aforementioned sign.

§ 3-13.5 Penalties.

[Ord. #1999-19, S 1: Ord. No. 2018-08]

Any person who violates this Section 13-3 shall appear before the Borough of Point Pleasant Municipal Court and shall be subject to punishment as follows; upon signing of the complaint as provided here and against the person under the age of eighteen (18), the Municipal Court shall subpoena the parents and/or guardians of the person charged who will appear at the Municipal Court hearing:

First Offense. Up to fifteen (15) hours of community service at a place designated by the Municipal Court and/or a fine of up to one hundred ($100.00) dollars;

Second Offense. Up to thirty (30) hours of community service in a place designated by the Municipal Court and/or a fine up to one hundred seventy-five ($175.00) dollars, or both;

Third and Subsequent Offense. Up to fifty (50) hours of community service in a place designated by the Municipal Court and/or a fine up to two hundred fifty ($250.00) dollars.

Community service may include participation in a non-smoking educational or support program approved by the Municipal Court.

§ 3-14 USE OF SKATEBOARDS, ROLLERSKATES AND IN-LINE SKATES ON SCHOOL BOARD GROUNDS AND PROPERTY.

[Ord. #1999-20, S 1]

The terms "skateboard", "rollerskates" and "in-line skates" shall be defined in accordance with their commonly accepted usage denoting objects used for recreational purposes, but shall not be deemed to include bicycles.

The use of skateboards, rollerskates or in-line skates is hereby prohibited in any public school building located within the Borough of Point Pleasant, unless such use is in an authorized physical instruction class, theatrical production or an activity specifically sanctioned by the Board of Education, the Superintendent of Schools or Assistant Superintendent or building principal.

The use of skateboards, rollerskates or in-line skates is also prohibited on any raised surfaces such as curbs, retaining walls, buildings and fencing on any public school property located in the Borough of Point Pleasant, unless used in such manner in an authorized physical instruction class, theatrical production or any activity specifically sanctioned by the Board of Education, Superintendent of Schools or Assistant Superintendent of Schools or building principal.

Skateboard, rollerskates or in-line skates shall not be used in any way to damage or deface school property. No person shall create, temporarily or otherwise, any ramp, track or other device or material to be used for skateboarding, roller-skating or in-line skating upon school property.

No person shall permit or allow any juvenile or minor under the care and custody of such person to use skateboards, rollerskates or in-line skates upon any public school property or in any manner prohibited in this Section.

Every public entrance onto school property shall be posted with a sign legibly lettered notifying the public that the use of skateboards, rollerskates or in-line skates is regulated on public school property, and shall further state that violations are subject to fine and punishment by municipal ordinance. There shall be a minimum of four (4) signs posted at each school property under the ownership or control of the Point Pleasant Board of Education.

The Superintendent of the school district, or persons designated by him/her, or any school principal, or persons designated by such school principal, or any other person having control of school property, or other public servant engaged in his official duties, or any other citizen, may sign a complaint against any individual for a violation of the provisions of this Section.

Any person who violates this Section shall be required to appear before the Point Pleasant Borough Municipal Court and shall be subject to punishment as follows:

First Offense. A minimum fine of fifty ($50.00) dollars or a period of community service up to a maximum of ten (10) hours, or both;

Second Offense. A minimum fine of seventy-five ($75.00) dollars or a period of community service up to a maximum of fifteen (15) hours, or both;

Third and Subsequent Offenses. A minimum fine of one hundred fifty ($150.00) dollars or a period of community service up to a maximum of thirty (30) hours, or both.

Upon the signing of the complaint as provided herein against a person under the age of eighteen (18), the Municipal Court shall subpoena the parent(s) and/or guardian(s) of the person charged to appear at the Municipal Court hearing.

§ 3-14A USE OF SKATEBOARDS, ROLLER SKATES AND IN-LINE SKATES AT BOROUGH RECREATION CENTER.

[Ord. #16-2001, S 2]

The term "skateboard," or "roller skates" and "in-line skates" shall be defined in accordance with their commonly accepted usage denoting objects used for recreational purposes, but shall not be deemed to include bicycles.

The use of skateboards, roller skates or in-line skates is hereby prohibited on the basketball and tennis courts located at the Borough Recreation Center, unless such use is an authorized physical instruction class, theatrical production or an activity specifically sanctioned by the Borough and the Recreation Commission.

The use of skateboards, roller skates or in-line skates is also prohibited on any raised surfaces such as curbs, retaining walls, buildings and fencing on the basketball and tennis courts at the Borough Recreation Center.

No person shall create, temporarily or otherwise, any ramp, track or other device or material to be used for skateboarding, roller skating or in-line skating upon Borough Recreation Center property.

No person shall permit or allow any juvenile or minor under the care or custody of such person to use skateboards, roller skates or in-line skates upon the tennis court and basketball court located at the Borough Recreation Center.

Public entrance onto the tennis court and basketball court at the Borough Recreation Center shall be posted with a sign legibly lettered notifying the public that the use of skateboards, roller skates and in-line skates is regulated and prohibited on the basketball court and tennis court at the Borough Recreation Center, and shall further state that violations are subject to fine and punishment by Municipal ordinance. There shall be a minimum of four (4) signs posted at the Borough Recreation Center.

The Borough Administrator, any member of the Police Department, any member of the Recreation Commission, or person designated by any member of the Recreation Commission, or any other person having control or supervision of the Borough Recreation Center, or any other public servant engaged in his official duties, or any other citizen may sign a complaint against any individual for a violation of the provisions of this Section.

Any person who violates this Section shall be required to appear before the Point Pleasant Borough Municipal Court and shall be subject to punishment as follows:

First Offense. A minimum fine of fifty ($50.00) dollars or a period of community service up to a maximum of ten (10) hours, or both.

Second Offense. A minimum fine of seventy-five ($75.00) dollars or a period of community service up to a maximum of fifteen (15) hours, or both.

Third and Subsequent Offenses. A minimum fine of one hundred fifty ($150.00) dollars or a period of community service up to a maximum of thirty (30) hours, or both.

On the signing of the complaint as provided herein against a person under the age of eighteen (18), the Municipal Court shall subpoena the parent(s) and/or guardian(s) of the person charged to appear at the Municipal Court hearing.

§ 3-15 DRUNK DRIVING FREE SCHOOL ZONES.

§ 3-15.1 Designation of School Crossings.

[Ord. #2000-03, S 1]

In accordance with and pursuant to the authority of P.L. 1999 Ch. 185 the following is a list of school crossings which have been so designated by the Borough of Point Pleasant:

Intersections.

Bridge Avenue and Dorsett Dock Road

Bridge Avenue and River Avenue

Bridge Avenue and Rue Rivoli

Route 88 and Rue Avenue

Route 88 and Beaverdam Road

Route 88 and River Avenue

Route 88 and Arnold Avenue

Beaverdam Road and Panther Path

Dorsett Dock Road and Old Drift Road

10.

Beaverdam Road and Riviera Parkway

11.

Riviera Parkway and Rue Rivoli

12.

Riviera Parkway and Bayberry Lane

13.

Rue Rivoli from Beach Boulevard to Barnegat Boulevard

14.

Catherine Street at William Street

Point Pleasant Board of Education Property.

Point Pleasant High School

Point Pleasant Memorial School

Ocean Road Grammar School

Nellie Bennett Grammar School

1209 Beaverdam Road

§ 3-15.2 Adoption of Map.

[Ord. #2000-03, S 2]

The Drunk Driving Free School Zones Map produced by the Borough Engineer is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school on school land and of the areas on or within one thousand (1,000') feet of such school property.

§ 3-15.3 Map and List to Constitute Official Findings.

[Ord. #2000-03, S 3]

The Drunk Driving Free School Zones Map approved and adopted pursuant to this Chapter shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000') feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes until such time, if any, that this Chapter shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drunk Driving Free School Zones. The list of school crossings designated above by the Borough Council shall continue to constitute an official finding and record of the location of school crossing zones within the Borough of Point Pleasant until such time, if any, that this Chapter shall be amended to reflect any additions or deletions with respect to school crossing zones in the Borough of Point Pleasant.

§ 3-15.4 Changes in Locations or Boundaries.

[Ord. #2000-03, S 4]

The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the office of the Borough Engineer and the Borough Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes or of any additions or deletions to school crossings.

§ 3-15.5 Original Map and List to Be on File: Copies.

[Ord. #2000-03, S 5]

The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to this Chapter and the list of school crossings and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this Chapter shall be provided without cost to the Ocean County Clerk and to the office of the Ocean County Prosecutor.

§ 3-15.6 Map and List as Evidence.

[Ord. #2000-03, S 6]

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map and list approved and adopted pursuant to this Chapter was prepared and is intended to be used as evidence in prosecutions arising under the criminal and traffic laws of this State and that, pursuant to State law, such map and list shall constitute prima facie evidence of the following:

The location of elementary and secondary schools within the municipality.

The boundaries of the real property which is owned by or leased to such schools or a school board.

That such school property is and continues to be used for school purposes.

The location and boundaries of areas which are on or within one thousand (1,000') feet of such school property.

The location of all school crossings in the Borough of Point Pleasant.

§ 3-16 POSSESSION, CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGED PERSON ON PRIVATE PROPERTY.

§ 3-16.1 Purpose.

[Ord. #2000-19, S I; Ord. #2001-06, S I]

The purpose of this section is to provide for the enforcement of P.L. 2000 c.33.

§ 3-16.2 Definitions.

[Ord. #2000-19, S I; Ord. #2001-06, S I]

As used in this section:

GUARDIAN: shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

RELATIVE: shall mean the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.

§ 3-16.3 Prohibition; Penalties; Exceptions.

[Ord. #2000-19, S I; Ord. #2001-06, S I]

Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of between one hundred fifty ($150.00) dollars to seven hundred fifty ($750.00) dollars for a first offense and between three hundred fifty ($350.00) dollars to one thousand ($1,000.00) dollars for any subsequent offense. The Court may, in addition to the fine authorized for this offense, suspend or postpone for six (6) months the driving privilege of the defendant.

Upon the conviction of any person and the suspension or postponement of that person's driver's license, the Court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the Court pursuant to this section. If a person at the time of the imposition of a sentence is less than seventeen (17) years of age, and the Court suspends or postpones that person's driver's license privileges, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six (6) months after the person reaches the age of seventeen (17) years.

If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the Court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the Court.

The Court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

The Court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The Court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the Court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

This section does not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

§ 3-17 PAINTBALL GUNS AND DEVICES.

§ 3-17.1 Prohibited Activity.

[Ord. #2000-20, S 1]

No person shall discharge or cause to be discharged an apparatus commonly known as a "paintball gun or device" in and about any public property. Any discharge of a paintball gun or device in or about a private property within the Township shall be performed only with the consent of the property owner and in a manner as to ensure that the paintball is confined to the limits of the private property where discharged.

§ 3-17.2 Violations and Penalties.

[Ord. #2000-20, S 1]

Any person who shall be found to have violated the provisions of this Section shall be fined in accordance with the following schedule:

First violation — $100.00

Second violation — $250.00

Third violation — $500.00

§ 3-18 COMMUNITY PARK.

§ 3-18.1 Preamble.

[Ord. #2004-01, S 1]

The Borough Council of Point Pleasant Borough has designed, developed and created the Point Pleasant Community Park for the benefit of the residents and taxpayers of Point Pleasant Borough. The Borough Council believes it necessary and appropriate to establish guidelines for utilization of the Point Pleasant Community Park.

§ 3-18.2 Hours of Operation.

[Ord. #2004-01, S 2]

The Community Park will be open for organized sporting activities from 8:00 a.m. to dusk, Monday through Friday. The hours can be expanded upon formal approval by the governing body.

The Community Park will be open for organized sporting activities on Saturday from 8:00 a.m. to dusk, and Sunday from 12:00 noon to dusk, unless formally approved by the governing body.

§ 3-18.3 Nonorganized Sporting Activities.

[Ord. #2004-01, S 3]

The Community Park shall be available for nonorganized sporting activities, which activity shall not violate any other provision in the Borough Code, from 5:00 a.m. to 10:00 p.m., Monday through Sunday.

§ 3-18.4 Application for Scheduling of Organized Athletic Activities.

[Ord. #2004-01, S 4]

All organized athletic activities at Community Park shall be organized through the Superintendent of Recreation. The Superintendent of Recreation shall prepare appropriate applications for the scheduling of organized athletic activities.

§ 3-18.5 Paintball Guns and Devices.

[Ord. #2004-01, S 5]

No person shall discharge or cause to be discharged an apparatus commonly known as a "paintball gun or device" in Point Pleasant Community Park.

§ 3-18.6 Use of Skateboards.

[Ord. #2004-01, S 6]

Section 3-14 of the Codified Ordinances of the Borough Code, as it pertains to skateboards only, are incorporated herein by reference. All use of skateboards in the Point Pleasant Community Park are prohibited. This restriction, however, shall not include utilization of roller skates or in-line skates, which can be utilized in Point Pleasant Community Park on the appropriate pathways, subject to all other provisions set forth herein.

§ 3-18.7 Driving or Utilizing Vehicles.

[Ord. #2004-01, S 7]

The driving of automobiles or other vehicles (excluding bicycles), except for emergency vehicles, is hereby prohibited.

§ 3-18.8 Use of the Band Shell.

[Ord. #2004-01, S 8]

Utilization of the Band Shell at the Point Pleasant Community Park shall be reserved through the office of the Borough Clerk. The Borough Clerk shall prepare the appropriate application form for those persons who desire utilization of the Band Shell. No person, persons or entities shall be permitted to utilize the Band Shell without first obtaining a permit for the use of same, through the office of the Borough Clerk.

Exceptions. The requirement for a permit shall not apply to:

Any official governmental agency and/or body of the Borough of Point Pleasant.

Application. Any person, persons and/or group or organization, whether for profit, nonprofit and/or charitable organization must make application for each use of this facility with the Borough Clerk, on forms provided by the Borough Clerk. Such application shall be filed not later than twenty-one (21) days prior to each proposed use of the facility. Notification of cancellation is required at least one (1) week prior to the use thereof.

Fee for Permit. The Borough of Point Pleasant shall charge and collect a fee at the time of application for each event to offset the cost of maintenance and cleaning of the facility as follows:

If anticipated attendance is 0-50 persons: $25.00

If anticipated attendance is 50 persons; or more: $50.00

Exception to Fees.

A nonprofit organization duly recognized as such by either State or Federal government may request a waiver of the fee which waiver may be granted at the discretion of the Borough Council.

Any individual or individuals applying for use of the facility for a wedding ceremony and/or pictures shall not be required to pay a fee for the use of same.

Whether the fee is waived or not required as set forth hereinabove, all individuals and/or entities must complete the application required.

Notice of Denial. If the Borough Council disapproves of an application, the Borough Clerk shall notify the applicant of the Council's decision.

Alcoholic Beverages. No alcoholic beverages shall be permitted on the premises at any time.

Damages. The Borough of Point Pleasant will bill those residents and/or organizations using the facility for any damages incurred to the building, grounds or equipment following the use of same by said person and/or entity.

§ 3-19 PROPER DISPOSAL OF PET WASTE.

§ 3-19.1 Purpose.

[Ord. #06-2005, S 1]

The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 3-19.2 Definitions.

[Ord. #06-2005, S 2]

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

IMMEDIATE: shall mean that the pet solid waste is removed at once, without delay.

OWNER/KEEPER: shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PET: shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

PET SOLID WASTE: shall mean waste matter expelled from the bowels of the pet; excrement.

PROPER DISPOSAL: shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designated to convey domestic sewage for proper treatment and disposal.

§ 3-19.3 Requirement for Disposal.

[Ord. #06-2005, S 3]

All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

§ 3-19.4 Exemptions.

[Ord. #06-2005, S 4]

Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this Section while such animal is being used for that purpose.

§ 3-19.5 Enforcement.

[Ord. #06-2005, S 5]

The provisions of this Article shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-19.6 Violations and Penalty.

[Ord. #06-2005, S 6]

Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed one hundred fifty ($150.00) dollars.

§ 3-20 LITTER CONTROL.

§ 3-20.1 Purpose.

[Ord. #11-2005, S 1]

The purpose of this Section is to establish requirements to control littering in the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 3-20.2 Definitions.

[Ord. #11-2005, S 2]

For the purpose of this Section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

LITTER: shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

LITTER RECEPTACLE: shall mean a container suitable for the depositing of litter.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

§ 3-20.3 Prohibited Acts and Regulated Activities.

[Ord. #11-2005, S 3]

It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.

Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this Section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this Section.

§ 3-20.4 Enforcement.

[Ord. #11-2005, S 4]

The provisions of this Section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-20.5 Violations and Penalty.

[Ord. #11-2005, S 5]

Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed one hundred fifty ($150.00) dollars.

§ 3-21 IMPROPER DISPOSAL OF WASTE.

§ 3-21.1 Purpose.

[Ord. #10-2005, S 1]

The purpose of this Section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 3-21.2 Definitions.

[Ord. #10-2005, S 2]

For the purpose of this Section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text in this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Point Pleasant Borough or other public body, and is designed and used for collecting and conveying stormwater.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

STORMWATER: shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 3-21.3 Prohibited Conduct.

[Ord. #10-2005, S 3]

The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of Point Pleasant Borough is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

§ 3-21.4 Exceptions to Prohibition.

[Ord. #10-2005, S 4]

Water line flushing and discharges from potable water sources.

Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).

Air conditioning condensate (excluding contact and non-contact cooling water).

Irrigation water (including landscape and lawn watering runoff).

Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

Residential car washing water, and residential swimming pool discharges.

Sidewalk, driveway and street wash water.

Flows from fire fighting activities.

Flows from rinsing of the following equipment with clean water:

Beach maintenance equipment immediately following their use for their intended purposes; and

Equipment used in the application of salt and de-icing materials immediately following sale and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.

Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

§ 3-21.5 Enforcement.

[Ord. #10-2005, S 5]

The provisions of this Section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-21.6 Penalties.

[Ord. #10-2005, S 6]

Any person(s) who continues to be in violation of the provisions of this Section, after being duly notified, shall be subject to a fine not to exceed one hundred fifty ($150.00) dollars.

§ 3-22 PROHIBITION OF WILDLIFE FEEDING.

§ 3-22.1 Purpose.

[Ord. #12-2005, S 1]

The purpose of this Section is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 3-22.2 Definitions.

[Ord. #12-2005, S 2]

FEED: shall mean to give, place, expose, deposit, distribute or scatter any edible matter with the intent of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

WILDLIFE: shall mean all animals that are neither human nor domesticated.

§ 3-22.3 Prohibited Conduct.

[Ord. #12-2005, S 3]

No person shall feed, in any public park or on any other property owned or operated by the Borough of Point Pleasant Borough, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

§ 3-22.4 Enforcement.

[Ord. #12-2005, S 4]

The provisions of this Section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

Any person found to be in violation of this Section shall be ordered to cease the feeding immediately.

§ 3-22.5 Violations and Penalties.

[Ord. #12-2005, S 5]

Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed one ($1.00) dollar.

§ 3-23 CONTAINERIZED YARD WASTE.

§ 3-23.1 Purpose.

[Ord. #09-2005, S 1]

The purpose of this Section is to establish requirements for the proper handling of yard waste in the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 3-23.2 Definitions.

[Ord. #09-2005, S 2]

CONTAINERIZED: shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

STREET: shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

YARD WASTE: shall mean leaves and grass clippings.

§ 3-23.3 Prohibited Conduct.

[Ord. #09-2005, S 3]

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this Section.

§ 3-23.4 Enforcement.

[Ord. #09-2005, S 4]

The provisions of this Section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-23.5 Violations and Penalties.

[Ord. #09-2005, S 5]

Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed one hundred fifty ($150.00) dollars.

§ 3-24 YARD WASTE COLLECTION PROGRAM.

§ 3-24.1 Purpose.

[Ord. #08-2005, S 1]

The purpose of this Section is to establish a yard waste collection and disposal program in the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

§ 3-24.2 Definitions.

[Ord. #08-2005, S 2]

CONTAINERIZED: shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

STREET: shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

YARD WASTE: shall mean leaves and grass clippings.

§ 3-24.3 Yard Waste Collection.

[Ord. #08-2005, S 3; Ord. #2009-09, S 2]

Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is not allowed, and shall not be placed closer than ten (10') feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.

§ 3-24.4 Enforcement.

[Ord. #08-2005, S 4]

The provisions of this Section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-24.5 Violations and Penalties.

[Ord. #08-2005, S 5]

Any person(s) who is found to be in violation of the provisions of this Section shall be subject to a fine not to exceed one hundred fifty ($150.00) dollars.

§ 3-25 ILLICIT CONNECTION.

§ 3-25.1 Purpose.

[Ord. #07-2005, S 1]

The purpose of this Section is to prohibit illicit connection to the municipal separate storm sewer system(s) operated by the Borough of Point Pleasant Borough, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 3-25.2 Definitions.

[Ord. #07-2005, S 2]

DOMESTIC SEWAGE: shall mean waste and wastewater from humans or household operations.

ILLICIT CONNECTION: shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of Point Pleasant Borough, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE: shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act [33 U.S.C. § 1317(a),(b), or (c)].

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Point Pleasant Borough or other public body, and designed and used for collecting and conveying stormwater.

NJPDES PERMIT: shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NON-CONTACT COOLING WATER: shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON: shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PROCESS WASTEWATER: shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

STORMWATER: shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 3-25.3 Prohibited Conduct.

[Ord. #07-2005, S 3]

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of Point Pleasant Borough any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

§ 3-25.4 Enforcement.

[Ord. #07-2005, S 4]

The provisions of this section shall be enforced by the Police Department and the Code Enforcement Officer of the Borough of Point Pleasant Borough.

§ 3-25.5 Violations and Penalties.

[Ord. #07-2005, S 5]

Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000.

§ 3-26 SEX OFFENDER RESIDENCY PROHIBITION.

[Ord. #20-2005, S 2]

No person over the age of 18 who has been convicted of a violation of any crime against a minor as listed in N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release of Certain Offenders, shall be permitted to reside or live within a 2,500-foot radius of any school, park, playground, day-care center or designated school bus stop, located within the Borough of Point Pleasant Borough.

A person who resides or lives within a 2,500-foot radius of any school, park, playground or day-care center within the Borough of Point Pleasant Borough shall have 60 days from receipt of written notice of the prohibition set forth therein to relocate their residence. Failure to move to a location which is in compliance with this section within the time period prescribed shall constitute a violation of this section.

This section shall not apply to a person who has established a residence prior to July 1, 2005.

Any violation of this section shall be punishable by a fine not exceeding $1,250 and/or imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.

§ 3-27 USE OF SKATE PARK. [1]

[1]

Prior ordinance history: Ordinance Nos. 2005-25, 2007-01.

§ 3-27.1 Skate Park Rules and Regulations.

[Ord. #2011-03]

All individuals who utilize the Skate Park shall adhere to the following rules and regulations:

All participants must skate with due care and circumspection as to avoid accidents or collisions with other skaters and use the equipment in the proper manner. No reckless or dangerous skating is permitted. Reckless or dangerous skaters will be required to leave the skating area immediately.

Helmets and appropriate closed-toe footwear are required for skaters within the park.

Participants 12 and under must have a responsible adult present.

[Amended 9-23-2019 by Ord. No. 2019-18]

No bicycles, scooters or motorized vehicles of any kind.

[Amended 9-23-2019 by Ord. No. 2019-18]

Personal ramps, rails, boxes, other apparatus or modifications to the skate surface are prohibited.

Food, beverages or glass containers are not allowed inside the Skate Park.

Spectators and pets are prohibited inside the Skate Park.

Smoking and the use of tobacco products, drugs, alcohol, profanity or abusive language are strictly prohibited and shall result in automatic and/or permanent expulsion from this facility.

Vandalism, graffiti and the placement of unauthorized stickers are strictly prohibited. Any violation of this provision shall result in automatic and/or permanent expulsion from the facility, and the violator shall be subject to all costs incurred to clean, repair and/or replace damaged equipment.

10.

Use of radios, stereos or any type of amplified sound is prohibited in the Skate Park.

11.

Wearing headphones while in the skating area is prohibited.

12.

(Reserved)[1]

[1]

Editor's Note: Former Subsection a12, regarding a permit for use of the Skate Park, was repealed 9-23-2019 by Ord. No. 2019-18.

13.

The Skate Park is a skate at your own risk facility, designed for skateboarding, in-line skating only. The Skate Park will not be supervised. Users will skate at their own risk.

14.

All participants must wear helmets as mandated by New Jersey Statutes Title 39. Knee, elbow and wrist bands are strongly recommended for skaters age 11 or older, but are mandatory for skaters younger than age 11.

§ 3-27.2 (Reserved) [1]

[1]

Editor's Note: Former § 3-27.2, Violations and Penalties, was repealed 9-23-2019 by Ord. No. 2019-18.

§ 3-27.3 Enforcement.

[Ord. #2011-03]

This section shall be enforced by the Police Department of the Borough of Point Pleasant. Notice of these rules shall be placed at the main entrance into the skating area.

§ 3-27.4 Hours and Conditions of Operation.

[Ord. #2011-03]

The Skate Park hours are posted and vary depending on the season.

[Amended 9-23-2019 by Ord. No. 2019-18]

The park will be closed during wet, snow or icy conditions or during park maintenance periods.

The Borough reserves the right to close the Skate Park or modify its hours of operation for any reason at the direction and discretion of the Council, the Borough Administrator, Recreation Superintendent, the Chief of Police or his designee.

The Borough of Point Pleasant Police Department and Recreation Department shall have the authority to eject from the Skate Park any person or persons acting in violation of the rules and regulations set forth herein.

The Borough of Point Pleasant Police Department, or those designated, shall have the authority to seize, confiscate or otherwise retain any property, thing or device used in violation of this section in the Skate Park and/or the adjacent areas thereto. The property, thing or device may be held for a period not to exceed 30 days.

§ 3-27.5 Park Supervision and Personal Liability.

[Ord. #2011-03]

All persons entering the Skate Park are deemed to have knowledge that the Skate Park is a nonsupervised activity site designed for skateboarding and in-line skating only and that all use of the Skate Park is at the risk of the user.

All persons entering the Skate Park are deemed to have agreed to indemnify, defend, and hold harmless the Borough of Point Pleasant, its officers, employees, agents, and volunteers for, from and against any accident, injury, including death, and/or loss of property or damage thereto sustained as a result of using the Skate Park.

§ 3-27.6 (Reserved) [1]

[1]

Editor's Note: Former § 3-27.6, Permits, was repealed 9-23-2019 by Ord. No. 2019-18.

§ 3-28 SOLICITATION OF CONTRIBUTIONS FOR CHARITABLE PURPOSES IN THE RIGHT-OF-WAY OF A STATE OR COUNTY ROAD OR HIGHWAY.

§ 3-28.1 Solicitation Permitted.

[Ord. #15-2006, S 1]

Charitable organizations, as defined in N.J.S.A. 45:17A-20, shall be permitted to solicit contributions for charitable purposes in the right-of-way of a road or highway maintained or under the jurisdiction of the New Jersey Department of Transportation or the Ocean County Board of Chosen Freeholders subject to the charitable organization obtaining prior written approval from the governmental entity having jurisdiction over the road or highway.

In the case of any State road or highway or intersection thereof, a written permit shall be obtained from the Department of Transportation in accordance with the provisions of N.J.A.C. 16:40-4.1 et seq.

In the case of any County road or highway or intersection thereof, a written permit shall be obtained from the Ocean County Board of Chosen Freeholders in accordance with rules and regulations established by it.

Solicitation shall be subject to the specific terms and conditions of the permit granted by the County or State. The State or County permit, as applicable, shall be in the possession of the solicitor during all times of solicitation and be available for inspection by local, County and State law enforcement officers.

§ 3-28.2 Rules and Regulations.

[Ord. #15-2006, S 2]

The following rules and regulations shall apply to charitable organizations soliciting under the terms of this Section:

Charitable organizations shall solicit only for charitable purposes.

Solicitations shall be permitted only at signalized intersections or when an existing traffic control device causes temporary interruption in the flow of normal traffic, such as at opening of a movable bridge.

Each person soliciting charitable contributions on behalf of a charitable organization shall be at least eighteen (18) years old.

Solicitation is encouraged to be off of the traveled way.

Solicitors shall not stop traffic or impede the flow of traffic. Traffic shall already be stopped before solicitation may occur and shall cease when traffic is moving. The use of flagmen is prohibited.

Solicitation shall only be permitted during daylight hours. State, County, local law enforcement officers or representatives of the Department of Transportation may suspend solicitation operations at any time if any condition of the permit is violated or, if in the law enforcement officer's or the Department's sole discretion, traffic is being impeded or delayed or the public safety is at risk.

Solicitors shall not drink alcoholic beverages, use drugs, or be under the influence of drugs or alcohol while soliciting.

Solicitors shall not harass the public.

All solicitors shall wear safety vests that are in accordance with Department of Transportation standards.

Parking of vehicles shall comply with applicable traffic regulations.

Solicitors shall not install any traffic control devices.

Signs advertising the roadway solicitation are permitted, provided the signs are of a temporary construction and breakaway to the extent possible. Signs shall be a maximum of sixteen (16) square feet. Signage shall be in accordance with the temporary signage standards contained in the manual of Uniform Traffic Control Devices, 1988 of superseding issue.

At least two (2) warning signs shall be placed as follows:

"CHARITABLE SOLICITATIONS 500 FEET AHEAD"

The second sign following shall identify the name of the charitable organizations.

Signs shall not be permitted in the traveled way or in medians less than eight (8') feet in width. All signs warning, noticing or advertising a solicitation shall be removed immediately following the solicitation event.

The charitable organization shall be responsible for cleaning up any debris from the right-of-way.

§ 3-28.3 Intersection of a State or County Highway— Required Approvals.

[Ord. #15-2006, S 3]

If the charitable solicitation is proposed at the intersection of a State and County highway, the charitable organization must obtain written approval from both the Department of Transportation and the Ocean County Board of Chosen Freeholders.

§ 3-28.4 Intersection of Road with Another Municipality.

[Ord. #15-2006, S 4]

If the charitable solicitation is proposed at the border of Point Pleasant Borough and any other municipality, the charitable organization must obtain approval for the solicitation from the adjoining municipality.

§ 3-28.5 Application—Contents, Filing.

[Ord. #15-2006, S 5]

A copy of the application form filed with the Department of Transportation of the Ocean County Board of Chosen Freeholders shall be filed with the Municipal Clerk, and shall specify the location, date, duration and times of the proposed charitable solicitation. One (1) application form may cover multiple dates during the same calendar year.

§ 3-28.6 Liability.

[Ord. #15-2006, S 6]

The Borough of Point Pleasant shall not be liable in any civil actions for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of a charitable organization soliciting charitable donations.

§ 3-29 PARK RULES AND REGULATIONS; FEES.

[Ord. #13-2008; Ord. #23-2009, SS 1-3; Ord. #2010-04]

The rules and regulations governing all Borough parks are incorporated herein. A copy of the rules and regulations governing Borough parks is on file at the office of the Borough Clerk and can be reviewed during normal business hours.

Required Fees.

The permit fees as required by this Section shall be set within the range hereby established:

Minimum Fee: $50.00

Maximum Fee: $500.00

Specific fees shall be set by resolution of the Borough Council.

§ 3-30 CURFEW FOR JUVENILES.

[Ord. #2008-09, SS 1, 2]

It is hereby unlawful for any juvenile under the age of eighteen (18) to be on any and all Borough recreational and public works properties between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in or traveling to or from a business or occupation in which the juvenile is legally employed.

Additional exceptions to the juvenile curfew include juveniles engaged in errands involving medical emergencies and juveniles participating in events sponsored by religious or community based organizations.

It shall be unlawful for any parent or guardian to allow an unaccompanied juvenile to be on all Borough properties and the contiguous streets to those properties during the aforementioned hours unless exempted by any exception listed in this Section.

Violators, upon conviction of a curfew violation, shall be required to perform community service and may also be subject to a fine of up to one thousand ($1,000.00) dollars. If both a juvenile and the juvenile's parent or guardian violates this curfew section, they shall be required to perform community service together.

The Point Pleasant Police Department and/or Point Pleasant Borough employees shall enforce the provisions of this entire Section.

The Point Pleasant Police Department and/or Point Pleasant Borough employees shall have the authority to eject any person(s) from Borough properties acting in violation of any provision of this Section.

The Point Pleasant Police Department and/or Point Pleasant Borough employees shall have the authority to temporarily suspend or revoke a permit issued to person(s) utilizing Borough properties and are acting in violation of any provisions under this Section. Said permit will be forwarded to the Mayor and Borough Council for final action.

The Point Pleasant Police Department and/ or Point Pleasant Borough employees shall have the authority to immediately temporarily close any Borough-owned property in response to any threat to the health or safety to members of the public or Borough personnel. The determination to close Borough property or facility will be made by the police officer or Borough employee in charge at the scene at the time of the incident.

The Mayor and Borough Council shall have the authority to ban individuals from any Borough property who are deemed to be persistent or repetitive violators of any provisions of this Section. The determination to ban an individual for any length of time will only be made after consultation with the Chief of Police.

Smoking of cigarettes or other tobacco products shall not be permitted either inside Borough buildings or on Borough properties. This provision shall be enforced by the Point Pleasant Borough Police Department and/or Point Pleasant Borough employees.

All terms and conditions of Section 3-2, Curfew for Halloween Seasons of the Codified Ordinances of the Borough of Point Pleasant Borough shall remain in full force and effect and shall not be modified in any way by the adoption of this Section.

§ 3-31 RESIDENTIAL OUTDOOR FIRES.

§ 3-31.1 Regulations on Residential Outdoor Fires.

[Ord. #2010-13]

Outdoor fires are permitted within the Borough, but only within the following guidelines:

No outdoor fire may be set on residential property within ten (10') feet of any main or accessory structure on the property, including, but not limited to, any dwelling, garage or shed.

Outdoor fires utilized for cooking must be contained in a manufactured metal grill or other similar manufactured device intended for such use and must be utilized strictly in accordance with the manufacturer's requirements.

Outdoor fires utilized for any other recreational purposes must either be contained in a manufactured device designed for such purpose and utilized strictly in accordance with the manufacturer's requirements or, alternatively, in a proper noncombustible stone, cement, brick, tile or metal fire pit of no more than three (3') feet in diameter, built and intended for such purpose. Following the passage of this Section, no new fire pits may be constructed without the proper permits and inspections. For all existing fire pits within the Borough, should the Fire Chief or his designee determine that a fire pit is unsafe, he/she may order that said fire pit not be used until he/she or his designee deems said fire pit safe. Challenges to such an order may be brought before the Borough Municipal Court within the time permitted by law to appeal municipal actions.

A fully functioning fire extinguisher or garden hose that is properly connected to an unlimited water source must be available for fire extinguishment purposes whenever any fire is ongoing.

No garbage, rubber, plastics, yard waste, green wood, leaves, or soft wood, such as pine and cedar which cause excessive smoke, may be burned outdoors at any time, as any smoke or odor from any outdoor fire must be kept minimal.

Flames may not exceed two (2') feet at any time and, should the prevailing winds cause the smoke from said fire to blow into a neighboring dwelling or property, said fire must be extinguished immediately. The Fire Chief or his designee is authorized to require that any residential outdoor fire be immediately extinguished if he/she determines that said fire constitutes a hazardous condition. In addition, all members of the Borough Fire Department and Borough Police Department are authorized to require that any residential outdoor fire be immediately extinguished if smoke emissions are found to be offensive to occupants of surrounding properties.

Residential outdoor fires must be attended at all times by a competent adult owner or legal resident of the property from the time said fire is commenced through the time said fire is completely extinguished.

The Fire Chief may prohibit all outdoor fires within the Borough when weather conditions or other local circumstances make such fires hazardous.

§ 3-31.2 Violations and Penalty.

[Ord. #2010-13]

Any person who shall be found to have violated the provisions of this Section shall be fined in accordance with the following schedule:

First violation - $100.00

Second violation - $250.00

Third and continuing violations - $500.00 per violation