[Added 2-22-2021 by Ord.
No. 2021-01]
WHEREAS excessive sound is a serious hazard to the public health,
welfare, safety, and quality of life. A substantial body of science
and technology exists by which excessive sound may be substantially
abated; and the people have a right to, and should be ensured of,
an environment free from excessive sound. It is the policy of the
Borough of Point Pleasant to prevent excessive sound that may jeopardize
the health, welfare, or safety of the citizens or degrade the quality
of life.
This section shall apply to the control of sound originating
from sources within the Borough of Point Pleasant.
[Added 2-22-2021 by Ord.
No. 2021-01]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Means any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
Means the sound level as measured using the "C" weighting
network with a sound level meter meeting the standards set forth in
ANSI S1.4-1983 or its successors. The unit of reporting is dB(C).
The "C" weighting network is more sensitive to low frequencies than
is the "A" weighting network.
Means any dismantling, destruction or removal of buildings,
structures, or roadways.
Means the New Jersey Department of Environmental Protection.
Means any work or action necessary at the site of an emergency
to restore or deliver essential services including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Means either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
Means a violation that is not the result of the purposeful,
reckless or criminally negligent conduct of the alleged violator;
and/or the activity or condition constituting the violation has not
been the subject of an enforcement action by any authorized local,
county or state enforcement agency against the violator within the
immediately preceding 12 months for the same or substantially similar
violation.
Means any vehicle that is propelled other than by human or
animal power on land.
Means a properly functioning sound dissipative device or
system for abating the sound on engines or equipment where such device
is part of the normal configuration of the equipment.
Means any building comprising two or more dwelling units,
including, but not limited to, apartments, condominiums, co-ops, multiple
family houses, townhouses, and attached residences.
Means any distinct parcel of land that is used for more than
one category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
Means an employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce sections of the ordinance that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
Means an employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and is currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Means any sound that can be detected by a NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a non-governmental
entity.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a governmental
entity.
Means any real property or structures thereon that are owned,
leased, or controlled by a governmental entity.
Means either:
The vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling unit building; or
On a multi-use property as defined herein, the vertical or horizontal
boundaries between the two portions of the property on which different
categories of activity are being performed (e.g., if the multi-use
property is a building which is residential upstairs and commercial
downstairs, then the real property line would be the interface between
the residential area and the commercial area, or if there is an outdoor
sound source such as an HVAC unit on the same parcel of property,
the boundary line is the exterior wall of the receiving unit).
|
Note: This definition shall not apply to a commercial source
and a commercial receptor which are both located on the same parcel
of property (e.g., a strip mall).
|
Means any device whose primary function is the production
of sound, including, but not limited to any, musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Means any device, such as a muffler, baffle, shroud, jacket,
enclosure, isolator, or dampener provided by the manufacturer with
the equipment, or that is otherwise required, that mitigates the sound
emissions of the equipment.
Means any day that is not a federal holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 6:00
p.m.
Means beginning on Friday at 6:00 p.m. and ending on the
following Monday at 7:00 a.m.
[Added 2-22-2021 by Ord.
No. 2021-01]
[Added 2-22-2021 by Ord.
No. 2021-01]
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
[Added 2-22-2021 by Ord.
No. 2021-01]
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any provision
of this section and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
provision of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's municipal
noise ordinances.
[Added 2-22-2021 by Ord.
No. 2021-01]
a.
Sound measurements made by a Noise Control Officer shall conform
to the procedures set forth at N.J.A.C. 7:29-2, except that interior
sound level measurements shall also conform with the procedures set
forth in paragraph b of this subsection and with the definition of
"real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property
line the measurements shall be taken at least three feet from any
wall, floor or ceiling and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
[Added 2-22-2021 by Ord.
No. 2021-01]
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in § 3-1.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in § 3-1.6b.
b.
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
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Table I
Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
| |
|
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
|
|
Maximum A-Weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
|
Commercial facility or non-residential portion of a multi-use
property
| |
|
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 Hours
|
|
Maximum A-Weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential property, or residential portion of a multi-use
property
OUTDOORS
|
Residential property, or residential portion of a multi-use
property
INDOORS
|
Commercial facility, public service facility, non-residential
portion of a multi-use property, or community service facility
OUTDOORS
|
Commercial facility or non-residential portion of a multi-use
property
INDOORS
| ||
|
Octave Band Center Frequency, Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
7:00 a.m.-10:00 p.m.
|
10:00 p.m.-7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2 dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
[Added 2-22-2021 by Ord.
No. 2021-01]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in § 3-1.6b. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
Maximum Permissible Increase in Total Sound Levels Within a
Residential Property
| |
|---|---|
|
Week nights 10:00 p.m. - 7:00 a.m. Weekend nights 11:00 p.m.
and 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6 dB(C)
|
[Added 2-22-2021 by Ord.
No. 2021-01; amended 7-26-2021 by Ord. No. 2021-15]
The following standards shall apply to the activities or sources
of sound set forth below:
a.
Excluding emergency work, power tools, home maintenance tools, landscaping
and/or yard maintenance equipment used by a residential property owner
or tenant shall not be operated between the hours of 8:00 p.m. and
8:00 a.m., unless such activities can meet the applicable limits set
forth in Tables I, II or III. At all other times the limits set forth
in Tables I, II or III do not apply. All motorized equipment used
in these activities shall be operated with a muffler and/or sound
reduction device.
b.
Excluding emergency work, power tools, landscaping and/or yard maintenance
equipment used by nonresidential operators (e.g. commercial operators,
public employees) shall not be operated on a residential, commercial,
industrial or public (e.g. golf course, parks, athletic fields) property
between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between
the hours of 6:00 p.m. and 9:00 a.m. on Saturdays, unless such activities
can meet the limits set forth in Tables I, II or III. At all other
times the limits set forth in Tables I, II or III do not apply. All
motorized equipment used in these activities shall be operated with
a muffler and/or sound reduction device.
c.
All construction and demolition activity, excluding emergency work,
shall not be performed between the hours of 6:00 p.m. and 7:00 a.m.
on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on Saturdays,
unless such activities can meet the limits set forth in Tables I,
II or III. At all other times the limits set forth in Tables I, II,
or III do not apply. All motorized equipment used in construction
and demolition activity shall be operated with a muffler and/or sound
reduction device.
d.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times the limits set forth in Tables I, II or III do
not apply.
e.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times the limits set forth in Tables I, II or III do not
apply.
f.
Self-contained, portable, non-vehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator;
g.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
1.
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes
without interruption, defined as an average of four or more vocalizations
per minute in that period; or,
2.
Vocalizing for 20 minutes intermittently, defined as an average of
two vocalizations or more per minute in that period.
|
It is an affirmative defense under this subsection that the
dog or other animal was intentionally provoked to bark or make any
other noise.
|
[Added 2-22-2021 by Ord.
No. 2021-01]
Violations of each paragraph of this section shall be considered
purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the Federal Noise Regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
[Added 2-22-2021 by Ord.
No. 2021-01]
a.
Violation of any provision of this section shall be cause for a Notice
of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014.
If the violation is of a continuing nature, each day during which
it occurs shall constitute an additional, separate, and distinct offense.
c.
Upon identification of a violation of this section the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in § 3-1.2) a NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible
party's/violator's voluntary action can prevent a formal enforcement
action with penalties issued by the Noise Control Officer. It shall
be noted that the NOV does not constitute a formal enforcement action,
a final agency action or a final legal determination that a violation
has occurred. Therefore, the NOV may not be appealed or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, a
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014,
will be issued. If a non-minor violation is immediately corrected,
a NOV without a civil penalty shall still be issued to document the
violation. If the violation occurs again (within 12 months of the
initial violation) a NOPA shall be issued regardless of whether the
violation is immediately corrected or not.
f.
The violator may request from the Noise Control Officer or Noise
Control Investigator, an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good
faith effort has been made to achieve compliance. If an extension
is not granted and the violation continues to exist after the grace
period ends, a NOPA shall be issued.
g.
The recipient of a NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
The Chief of Police, a Borough Police Officer or any taxpayer or
resident of the Borough may make a complaint in the Municipal Court
for any violation of this section, except in violations which require
the use of sound level meter by a Noise Control Officer. A first time
offender convicted under this section will be subject to a fine of
$250 for each offense; a second conviction of the same person or entity
within a twelve-month period will be subject to a fine of $500 for
each offense; and a third conviction within the same twelve-month
period will be subject to a fine of $2,000 for each offense, regardless
whether such offense is minor violation or not.
j.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
[Added 2-22-2021 by Ord.
No. 2021-01]
a.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by Federal or State law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of this section shall not be invalidated.
b.
All ordinances or parts of ordinances, which are inconsistent with
any provisions of this section, are hereby repealed as to the extent
of such inconsistencies.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy there from, of any
person for injury or damage arising from any violation of this section
or from other law.
[Ord. #631, S 1]
There is hereby established within the Borough a curfew as follows:
a.
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:
b.
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.
1.
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.
2.
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.
3.
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.
[Ord. #368, S 7-1; Ord. #551, S 7-1; Ord. #788, S 1; Ord.
#807, S 1; Ord. #92-56, S 1]
a.
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.
b.
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.
c.
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.
[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.
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.
[Ord. #368, S 7-5; Ord. #496, S 7-5]
[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.
[Ord. #630, S 42-1; Ord. #94-27, S 1]
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.
shall mean the definitions as set forth and contained in
N.J.S.A. 2C:39-1.
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.
[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.
[Ord. #630, S 42-3]
a.
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.
b.
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:
1.
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;
2.
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.
c.
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:
1.
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;
2.
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
3.
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.
[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.
[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.
[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.
[Ord. No. 2017-07]
a.
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.
b.
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.
c.
Rules and Regulations. The following rules and regulations are applicable
to all premises allowing patrons to BYOB:
1.
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.
2.
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.
3.
The consumption of alcoholic beverages, other than wine or malt alcoholic
beverages, shall not be permitted.
4.
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.
5.
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.
6.
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.
7.
No BYOB establishment shall charge any admission fee or cover charge,
corkage or service charge.
8.
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.
9.
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.
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.
[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:
a.
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.
b.
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.
[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.
[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.
[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.
[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:
a.
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.
b.
Take, permit, or allow any animal to be or go upon the ramp, beach
or in the water.
c.
Sales or displays of, or offers to sell, goods or wares, except by
special permission of the Borough Council.
d.
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.
e.
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.
f.
Conducting exhibitions or entertainment, except such as are organized
or sponsored by the Recreation Department, without having first obtained
permission from the Borough Council.
g.
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.
h.
Uttering of abusive or profane language.
i.
Fighting, or other conduct disturbing to others or disruptive of
the public peace.
j.
Betting, gambling, gaming or the playing of any sport.
k.
Possession of guns, slingshots or other dangerous weapons.
l.
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.
m.
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.
n.
Making or maintaining fires.
o.
Possession of open alcoholic beverages or consumption thereof.
p.
_____
1.
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.
q.
Disrobe, dress or undress on the beach, parking lot or in automobiles.
r.
Swimming, fishing or picnicking.
s.
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.
t.
Commercial use.
u.
Refueling of all boats.
v.
All boats must contain a valid New Jersey registration sticker, if
required by State Law.
w.
No boat shall be left unattended for more than a ten (10) minute
period.
[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.
a.
Permit Required.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
b.
Time Limit for Validity of Permit.
1.
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.
2.
Permits shall be renewed in the same manner set forth herein as for
issuance of the original permit.
c.
Permit Fees.
1.
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.
2.
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.
d.
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.
e.
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.
f.
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.
[Ord. #842; Ord. #91-29, S 1; Ord. #91-33]
[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.
[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.
[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:
b.
Violations of subsection 3-8.2(a, h, i, j, l, q, r, s, v): $15.00
[Ord. #2000-10, S 1]
This section shall be known and cited as the "Grove/Gazebo Access
Ordinance of the Borough of Point Pleasant."
[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.
[Ord. #2000-10, S 1]
The requirement for a permit shall not apply to:
a.
Any official governmental agency and/or body of the Borough of Point
Pleasant.
[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.
[Ord. #2000-10, S 1]
The application for use of the facility, shall, at a minimum,
set forth the following information:
a.
The name, address and telephone number of the person, persons and/or
entity seeking to utilize the facility.
b.
Whether such an entity is a nonprofit organization duly recognized
for nonprofit status by the State and/or Federal government.
c.
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.
d.
The date and time during which the facility will be utilized.
e.
The approximate number of persons who will attend.
f.
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.
g.
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.
[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:
[Ord. #2000-10, S 1]
a.
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.
b.
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.
[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.
[Ord. #2000-10, S 1]
No alcoholic beverages shall be permitted on the premises at
any time.
[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.
[Ord. #90-16, S 1]
a.
LOITERING
PUBLIC PLACE
Definitions. For the purposes of this Section, the following terms
shall have the meanings indicated:
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."
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.
b.
No person shall loiter in a public place in such manner as to:
1.
Create or cause to be created a danger of breach of the peace.
2.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
3.
Obstruct the free passage of pedestrians or vehicles.
4.
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.
c.
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.
d.
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.
[Ord. #90-16, S 1; Ord. #1996-15, SS 1, 2; Ord. #2011-04]
a.
After the effective date of this subsection, each of the following
acts and things are hereby forbidden in the Borough:
1.
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.
2.
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.
3.
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.
4.
No person shall disturb the exercises of a public school or give
annoyance to the children attending the public school or any teacher
therein.
5.
No person shall give a false alarm of fire.
6.
No person shall dump any garbage, refuse, paper, glass or cans upon
any public highway or any private property.
7.
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.
8.
No person shall act as or be a tramp or beggar in this Borough.
9.
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.
[Ord. #2001-24]
a.
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.
b.
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.
c.
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.
d.
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.
[Ord. #1994-22, S 1]
As used in this section the following definitions shall apply:
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).
shall mean any person who resides within the Borough of Point
Pleasant for more than thirty (30) days in any one year.
[Ord. #1994-22, S 2]
a.
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:
1.
Name and social security number;
2.
Street address;
3.
Driver's license number;
4.
Make, model and license plate number of any motor vehicle owned or
used;
5.
Nature of each and every offense committed;
6.
Date of each offense and date of each conviction;
7.
Date of release from custody;
8.
Prosecuting agency for each offense;
9.
Age of victim for each offense;
b.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. #1996-08, S 5]
The following additional matters are hereby determined, declared,
recited and stated:
a.
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:
1.
The location of elementary and secondary schools within the municipality.
2.
The boundaries of the real property which is owned by or leased to
such schools or a School Board.
3.
That such school property is and continues to be used for school
purposes.
4.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
b.
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.
c.
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.
d.
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.
[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.
[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.
[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.
[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.
[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.
[Ord. #1999-26, S 7]
The following additional matters are hereby determined, declared,
recited and stated:
a.
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:
1.
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.
3.
That such property is and continues to be used for public purposes.
4.
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.
b.
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.
c.
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.
d.
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.
[Ord. #1999-19, S 1; Ord. #2018-08]
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).
[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.
[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.
[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.
[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:
a.
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;
b.
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;
c.
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.
[Ord. #1999-20, S 1]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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:
1.
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;
2.
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;
3.
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.
i.
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.
[Ord. #16-2001, S 2]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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:
1.
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.
2.
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.
3.
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.
i.
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.
[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:
a.
Intersections.
1.
Bridge Avenue and Dorsett Dock Road
2.
Bridge Avenue and River Avenue
3.
Bridge Avenue and Rue Rivoli
4.
Route 88 and Rue Avenue
5.
Route 88 and Beaverdam Road
6.
Route 88 and River Avenue
7.
Route 88 and Arnold Avenue
8.
Beaverdam Road and Panther Path
9.
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
[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.
[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.
[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.
[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.
[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:
a.
The location of elementary and secondary schools within the municipality.
b.
The boundaries of the real property which is owned by or leased to
such schools or a school board.
c.
That such school property is and continues to be used for school
purposes.
d.
The location and boundaries of areas which are on or within one thousand
(1,000') feet of such school property.
e.
The location of all school crossings in the Borough of Point Pleasant.
[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.
[Ord. #2000-19, S I; Ord. #2001-06, S I]
As used in this section:
shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
[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.
[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.
[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:
[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.
[Ord. #2004-01, S 2]
a.
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.
b.
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.
[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.
[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.
[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.
[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.
[Ord. #2004-01, S 7]
The driving of automobiles or other vehicles (excluding bicycles),
except for emergency vehicles, is hereby prohibited.
[Ord. #2004-01, S 8]
a.
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.
b.
Exceptions. The requirement for a permit shall not apply to:
1.
Any official governmental agency and/or body of the Borough of Point
Pleasant.
c.
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.
d.
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:
e.
Exception to Fees.
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.
2.
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.
f.
Notice of Denial. If the Borough Council disapproves of an application,
the Borough Clerk shall notify the applicant of the Council's decision.
g.
Alcoholic Beverages. No alcoholic beverages shall be permitted on
the premises at any time.
h.
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.
[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.
[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.
shall mean that the pet solid waste is removed at once, without
delay.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean a domesticated animal (other than a disability
assistance animal) kept for amusement or companionship.
shall mean waste matter expelled from the bowels of the pet;
excrement.
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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
shall mean a container suitable for the depositing of litter.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
[Ord. #11-2005, S 3]
a.
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.
b.
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.
[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.
[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.
[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.
[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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
[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.
[Ord. #10-2005, S 4]
a.
Water line flushing and discharges from potable water sources.
b.
Uncontaminated ground water (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising ground waters).
c.
Air conditioning condensate (excluding contact and non-contact cooling
water).
d.
Irrigation water (including landscape and lawn watering runoff).
e.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from fire fighting activities.
i.
Flows from rinsing of the following equipment with clean water:
1.
Beach maintenance equipment immediately following their use for their
intended purposes; and
2.
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.
[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.
[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.
[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.
[Ord. #12-2005, 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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
[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).
[Ord. #12-2005, S 4]
[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.
[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.
[Ord. #09-2005, 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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
shall mean leaves and grass clippings.
[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.
[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.
[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.
[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.
[Ord. #08-2005, 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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
shall mean leaves and grass clippings.
[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.
[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.
[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.
[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.
[Ord. #07-2005, 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. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at NJAC 7:14A-1.2.
shall mean waste and wastewater from humans or household
operations.
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.
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)].
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.
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.
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.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
[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).
[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.
[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.
[Ord. #20-2005, S 2]
a.
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.
b.
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.
c.
This section shall not apply to a person who has established a residence
prior to July 1, 2005.
d.
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.
[1]
Prior ordinance history: Ordinance Nos. 2005-25, 2007-01.
[Ord. #2011-03]
a.
All individuals who utilize the Skate Park shall adhere to the following
rules and regulations:
1.
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.
2.
Helmets and appropriate closed-toe footwear are required for skaters
within the park.
3.
Participants 12 and under must have a responsible adult present.
[Amended 9-23-2019 by Ord. No. 2019-18]
4.
No bicycles, scooters or motorized vehicles of any kind.
[Amended 9-23-2019 by Ord. No. 2019-18]
5.
Personal ramps, rails, boxes, other apparatus or modifications to
the skate surface are prohibited.
6.
Food, beverages or glass containers are not allowed inside the Skate
Park.
7.
Spectators and pets are prohibited inside the Skate Park.
8.
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.
9.
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.
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.
[1]
Editor's Note: Former § 3-27.2, Violations and Penalties,
was repealed 9-23-2019 by Ord. No. 2019-18.
[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.
[Ord. #2011-03]
a.
The Skate Park hours are posted and vary depending on the season.
[Amended 9-23-2019 by Ord. No. 2019-18]
b.
The park will be closed during wet, snow or icy conditions or during
park maintenance periods.
c.
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.
d.
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.
e.
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.
[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.
[1]
Editor's Note: Former § 3-27.6, Permits, was repealed 9-23-2019 by Ord. No. 2019-18.
[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.
[Ord. #15-2006, S 2]
The following rules and regulations shall apply to charitable
organizations soliciting under the terms of this Section:
a.
Charitable organizations shall solicit only for charitable purposes.
b.
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.
c.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least eighteen (18) years old.
d.
Solicitation is encouraged to be off of the traveled way.
e.
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.
f.
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.
g.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol while soliciting.
h.
Solicitors shall not harass the public.
i.
All solicitors shall wear safety vests that are in accordance with
Department of Transportation standards.
j.
Parking of vehicles shall comply with applicable traffic regulations.
k.
Solicitors shall not install any traffic control devices.
l.
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:
1.
"CHARITABLE SOLICITATIONS 500 FEET AHEAD"
2.
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.
m.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
[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.
[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.
[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.
[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.
[Ord. #13-2008; Ord. #23-2009, SS 1-3; Ord. #2010-04]
a.
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.
b.
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.
[Ord. #2008-09, SS 1, 2]
a.
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.
b.
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.
c.
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.
d.
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.
e.
The Point Pleasant Police Department and/or Point Pleasant Borough
employees shall enforce the provisions of this entire Section.
f.
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.
g.
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.
h.
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.
i.
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.
j.
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.
[Ord. #2010-13]
Outdoor fires are permitted within the Borough, but only within
the following guidelines:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
The Fire Chief may prohibit all outdoor fires within the Borough
when weather conditions or other local circumstances make such fires
hazardous.
[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:
[Added 5-10-2021 by Ord.
No. 2021-09]
The provisions of this section shall apply whenever an electric
scooter is operated upon any street or upon any public way within
the Borough of Point Pleasant, subject only to those exceptions stated
in this section. Where the provisions of this section contradict and/or
overlap with any state laws, the state law shall govern.
[Added 5-10-2021 by Ord.
No. 2021-09]
As used in this section, the following terms shall have the
meanings indicated:
A scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of
propelling the device with or without human propulsion at a maximum
speed of less than 19 miles per hour.
Any electric scooter owned and operated by a private individual.
Any electric scooter owned by a company permitted to offer
publicly accessible electric scooters through a pay-per-ride or subscription
program.
Any person who is operating an electric scooter.
[Added 5-10-2021 by Ord.
No. 2021-09]
Every rider of an electric scooter shall obey all traffic regulations
as established by N.J.S.A. 39:4-1 et seq., and all ordinances passed
by the Borough of Point Pleasant as to the regulations of traffic
on stop streets, one-way streets and through streets.
[Added 5-10-2021 by Ord.
No. 2021-09]
a.
Obedience to Traffic Control Devices.
1.
Any person operating an electric scooter shall obey the instructions
of official traffic control signs, and other control devices applicable
to vehicles, unless otherwise directed by a police officer.
2.
Whenever authorized signs are erected indicating that a turning movement
is restricted no person operating an electric scooter shall disobey
the direction of any such sign, except where that person dismounts
from the electric scooter to make the turn, in which event such person
shall then obey the regulations applicable to pedestrians.
3.
No person shall ride or operate an electric scooter in any direction
except that permitted of vehicular traffic traveling on the same side
of the roadway.
4.
Any person operating an electric scooter shall stop for pedestrians
in crosswalks.
b.
Riding on Roadways and Bicycle Paths Generally.
1.
Every person operating an electric scooter upon a roadway shall ride
as near to the right hand side of the roadway as practicable, exercising
due care when passing a standing vehicle or a vehicle proceeding in
the same direction, unless an exclusive bicycle lane is provided.
2.
Persons riding an electric scooter upon a roadway shall not ride
more than two abreast except on paths of parts of roadways set aside
for the exclusive use of bicycles.
3.
Whenever a bicycle lane has been established on a roadway, any person
operating an electric scooter upon the roadway at a speed less than
the normal speed of traffic moving in the same direction shall ride
within the bicycle lane, except that such a person may move out of
the lane under any of the following situations:
(a)
Whenever overtaking or passing another electric scooter, bicycle,
vehicle, or pedestrian within the lane or about to enter the lane
if such overtaking and passing cannot be done safely within the lane.
(b)
When preparing for a turn at an intersection or into a private
road or driveway.
(c)
When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
c.
User Age Restrictions. No person younger than 15 years shall operate
an electric scooter.
d.
Manner of Riding an Electric Scooter. No electric scooter shall be
used to carry more persons at one time than the number for which it
is designed and equipped.
e.
Speed Restrictions. No person shall operate an electric scooter at
a speed greater than is reasonable and prudent under the condition
then existing provided it does not exceed 19 miles per hour.
f.
Yielding Right-of-Way from a Bicycle Path. Every person operating
an electric scooter on a bike path that is about to enter or cross
a roadway shall yield the right-of-way to all traffic on such roadway.
g.
Electric Scooters Emerging from Alleys or Driveways; Yielding Right-of-Way.
The operator of an electric scooter emerging from an alleyway, driveway,
or building shall, upon approaching a sidewalk area extending across
any alleyway or driveway, yield the right-of-way to all pedestrians
or bicyclists approaching on the sidewalk or sidewalk area. Upon entering
the roadway, the user shall yield the right-of-way to all vehicles
approaching on the roadway.
h.
Attachment to Motor Vehicles. No person riding upon any electric
scooter shall attach the same or themself to any vehicle upon a roadway
and no operator of any vehicle shall knowingly allow any person riding
upon any electric scooter to attach the same or themself to the vehicle.
i.
Riding on Sidewalks.
1.
No person shall ride an electric scooter upon a sidewalk.
2.
Any person traveling on the sidewalk with an electric scooter shall
dismount before entering the sidewalk throughway and walk the electric
scooter along the sidewalk.
3.
No person shall start or stop an electric scooter trip on the sidewalk.
j.
Carrying Articles. No person operating an electric scooter shall
carry any package, bundle, or article which prevents the user from
keeping both hands upon the handlebars.
k.
Lamps and Equipment on Electric Scooters.
1.
Electric scooters in use at nighttime shall be equipped with a lamp
on the front which shall emit a white light visible from a distance
of at least 500 feet to the front with a lamp emitting a red light
visible from a distance of 500 feet to the rear.
2.
An electric scooter shall not be equipped with, nor shall any person
use, any siren or whistle upon an electric scooter.
3.
Electric scooters shall be equipped with a brake which will enable
the operator to make the braked wheel skid on dry, level, clean pavement.
4.
Electric scooters shall be equipped with a bell or other audible
signal for the purposes of overtaking and passing any pedestrians,
bicycles, or other electric scooters.
5.
Electric scooters shall be equipped with a kickstand to prevent them
from toppling over when parked.
l.
Electric Scooter Parking.
1.
Electric scooters shall be parked in designated electric scooter
parking areas if they are available and advertised as such by either
signage, pavement markings, or racks.
2.
Electric scooters may be attached or secured to bicycle racks with
a U-lock, chain lock, or any type of lock made specifically for bicycles.
No person shall attach or secure an electric scooter to any fixed
object not suited for electric scooter parking. No person shall leave
an electric scooter lying on or standing upon the sidewalk in such
a manner as to hinder or impede pedestrians.
m.
Abandonment of Electric Scooters.
1.
An electric scooter may be deemed abandoned by the Borough of Point
Pleasant if:
(a)
It has been parked for a period of seven or more consecutive
calendar days in the same location; or
(b)
It appears visually to be in a state of prolonged disuse such
that is has deflated tires, damaged or missing equipment making it
inoperable, accumulated leaves and debris associated with it; or
(c)
75% or more of the electric scooter is rusted; or
(d)
It is found in any other condition in which an electric scooter
would be deemed abandoned.
2.
It shall be unlawful for any person to abandon any electric scooter
within the Borough of Point Pleasant.
3.
In the event that an electric scooter is deemed to be abandoned by
the Borough of Point Pleasant, the Police Department shall have the
authority to remove the scooter from its location by any means necessary
and be disposed of by the Borough of Point Pleasant.
n.
Shared Electric Scooter Rental Restriction. The shared electric scooter
user shall be the same person who made the rental reservation. No
person shall rent a shared electric scooter for another user.
o.
Electric Scooter Charging. No electric scooter battery shall be recharged
in the public right-of-way without prior written authorization from
the Borough of Point Pleasant.
p.
Electric Scooter Disposal. All electric scooters shall be disposed
of in a manner in accordance with state and federal regulations as
they relate to hazardous materials disposal.
[Added 5-10-2021 by Ord.
No. 2021-09]
Penalties for violation of this section shall be as prescribed
by state statute (N.J.S.A. 39:4- 10 through 39:4-14.15). For any violations
other than those covered by the aforementioned statutes, the penalties
shall be as follows: For the first offense, there shall be a fine
not to exceed $50; for each subsequent offense, there shall be a fine
not to exceed $100.
[Added 5-10-2021 by Ord. No. 2021-08]
The following uses shall be prohibited in all zoning districts
in the Borough of Point Pleasant:
a.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
