The general power to adopt local police ordinances of all kinds is contained in N.J.S.A. 40:48-1, 2. The authority for the removal of grass, weeds, snow and ice is contained in N.J.S.A. 40:65-12. The power to impose penalties for violations of ordinances is contained in N.J.S.A. 40:49-5. The power to compel an owner of property to perform work on his property is contained in N.J.S.A. 40:48-3. The power to regulate the collection of garbage, ashes, refuse and waste is contained in N.J.S.A. 40:66-1.
As used in this section, the following definitions shall apply:
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 18.
Any person who resides within the Borough of Point Pleasant Beach for more than 30 days in any one year.
a.
Any convicted offender who becomes a permanent resident of the Borough of Point Pleasant Beach or is a permanent resident at time of passage of this section shall register at the Point Pleasant Beach 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
[Prior ordinance history: Ord. Nos. 1976-13A1 — 1976-13A12, 1986-14, 1990-19, 2004-07, 2012-33.]
[Ord. No. 2015-24]
This section may be cited as the "Noise Ordinance of the Borough of Point Pleasant Beach".
[Ord. No. 2015-24]
This section shall apply to the control of sound originating from sources within the Borough of Point Pleasant Beach.
[Ord. No. 2015-24]
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.
Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
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.
Any dismantling, destruction or removal of buildings, structures, or roadways.
The New Jersey Department of Environmental Protection.
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.
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
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.
Any vehicle that is propelled other than by human or animal power on land.
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.
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
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.
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 noise control ordinance, including, but not limited to Police Officers and Code Enforcement personnel employed by such a municipality. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and be currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
An employee of a municipality, County or regional health commission that has a Department-approved 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 noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the noise control 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.
Any sound that can be detected by a NCO or a 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.
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
Either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that are part of a multi-dwelling unit building; or (c) 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).
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.
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.
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.
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Ord. No. 2015-24]
a.
This noise ordinance applies to sound from the following property categories:
b.
This noise ordinance applies to sound received at the following property categories:
c.
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Ord. No. 2015-24]
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.
[Ord. No. 2015-24]
a.
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection 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 subsection 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.
[Ord. No. 2015-24]
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 Subsection 3-2.7b 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.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-2.4a 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 Subsection 3-2.6b.
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.
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 a.m.-10 p.m. | 10 p.m.-7 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 a.m.-10 p.m. | 10 p.m.-7 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 a.m. - 10 p.m. | 10 p.m. - 7 a.m. | 7 a.m. - 10 p.m. | 10 p.m. - 7 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. | ||||||
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 Subsection 3-2.7b. 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) |
[Ord. No. 2015-24]
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 weekends or Federal holidays, 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 weekends and Federal holidays, 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 (5) minutes for continuous airborne sound and fifteen (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 (5) minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or,
2.
Vocalizing for twenty (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.
[Ord. No. 2015-24]
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.
[Ord. No. 2015-24]
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 $2,000. (N.J.S.A. 40:49-5) 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 Subsection 3-2.3) 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 (Health Department). 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 no more than $2,000 will be issued. (N.J.S.A. 40:49-5) 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.
Any claim for a civil penalty may be compromised and settled based on the following factors:
[Ord. No. 2015-24]
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 the 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.
No person shall loiter in or upon any public street, sidewalk, highway, boardwalk, alley or other public place in the Borough of Point Pleasant Beach.
The term "other public place" as used in Subsection 3-3.1 shall include:
a.
The front of or in the neighborhood of any store, shop, restaurant, luncheonette, tavern or any other place of business, without limitation.
b.
Public grounds, areas, parks, marinas, buildings, and boardwalks, without limitation, including public parking lots.
c.
Any parking lots or other vacant private property not owned or under the dominion of the person charged with a violation of this section, or in the case of a minor under the age of 18 years, not owned or under the dominion of the parent, guardian or other adult person having the care and custody of the minor.
The term "loitering" as used in Subsection 3-3.1 shall include:
a.
The concepts of standing idly by, spending time idly, loafing or walking about aimlessly without purpose, and shall include the colloquial expression of "hanging around."
b.
Obstructing of free unhampered passage of pedestrians or vehicles.
c.
Obstructing, molesting or interfering with any person lawfully upon any public street, sidewalk, highway, boardwalk, road, alley or other public place, as defined in this section.
This paragraph shall include the making of unsolicited remarks of any offensive, disgusting or insulting nature, or which are calculated to annoy or disturb the person to or in whose hearing they are made.
d.
Loitering in a public place in such manner as to create or cause to be created a breach of peace.
e.
Loitering in a public place in such manner as to create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
f.
Sitting or standing on railing along the boardwalk.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 3-3.3, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who refuses to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
a.
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years to knowingly permit the minor to loiter in violation of this section.
b.
Whenever any minor under the age of 18 years is arrested or taken into custody for violation of this section, the chief of police of the Borough of Point Pleasant Beach, or the superior or regular police officer acting in his place and stead, shall notify the parent, guardian or other person having custody of such minor of such arrest or taking into custody.
c.
If it is established that any minor under the age of 18 years shall have violated this section between the hours of 10:00 p.m. and 6:00 a.m., prevailing time, then it shall be presumed, in the absence of proof to the contrary, that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.
d.
If it is established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years was duly notified pursuant to paragraph (b) that such minor had been arrested or taken into custody for the violation of this section, and it is further established that such minor subsequently loitered in violation of this section, then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or other adult person having the care or custody of such minor knowingly permitted such subsequent violation.
This section shall be known as the Point Pleasant Beach Anti-Litter Ordinance.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein:
a.
"Aircraft" shall mean any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air, and shall include helicopters and lighter-than-air dirigibles and balloons.
b.
"Authorized private receptacle" shall mean a litter storage or collection receptacle, being metal receptacles, metal cans or metal barrels, with tight-fitting covers.
c.
"Commercial handbill" shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which:
1.
Advertises for sale any merchandise, product, commodity or thing; or
2.
Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3.
Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this paragraph shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. It is provided, however, that nothing contained in this paragraph shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state or under any ordinance of the Borough; or
4.
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
d.
"Garbage" shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
e.
"Litter" shall mean garbage, refuse and rubbish, as herein defined, and any used or unconsumed substance or waste material that 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 trash, debris, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material.
f.
"Newspaper" shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. In addition, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
g.
"Noncommercial handbill" shall mean any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of commercial handbill or newspaper.
h.
"Park" shall mean a park, reservation, playground, beach, recreation center or any other public area in the Borough, owned or used by the Borough, and devoted to active or passive recreation.
i.
"Private premises" shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential, business or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
j.
"Public place" shall mean any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
k.
"Refuse" shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
l.
"Rubbish" shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
m.
"Vehicle" shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Borough except in public receptacles, in authorized private receptacles for collection, or in official Borough dumps.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Borough the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Borough shall keep the sidewalk in front of their business premises free of litter.
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 be deemed to have violated this section.
No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
No persons shall throw or deposit litter in any park within the Borough except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the Borough.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Borough; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the Borough for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. It is provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbills upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon the premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises. It is provided, however, that in case of inhabited private premises which are not posted, as provided in this section, such person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
The provisions of this subsection shall not apply to the distribution of mail by the United States, nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon private property.
No person in an aircraft shall throw out, drop or deposit within the Borough any litter, handbill or any other object.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility post or shade tree, or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the Borough, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. It is provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Borough, whether owned by such person or not.
a.
Notice to Remove. The chief of police is hereby authorized and empowered to notify the owner of any open or vacant private property within the Borough or the agent of such property owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to the owner at his last known address.
b.
Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within three days after receipt of written notice, or within seven days after the date of such notice, in the event the same is returned to the Borough Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the chief of police is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Borough.
c.
Charge Included in Tax Bill. When the Borough has effected the removal of such dangerous letter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by the owner prior thereto, shall be charged to the owner of the property on the next regular tax bill forwarded to the owner by the Borough, and the charge shall be due and payable by the owner at the time of payment of such bill.
d.
Recorded Statement Constitutes Lien. Where the full amount due the Borough is not paid by the owner within 30 days after the disposal of such litter, as provided for in paragraphs (a) and (b), then, and in that case, the chief of police shall cause to be recorded in the Borough tax collector's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of seven percent in the event the same is not paid in full on or before the date the tax bill upon which the charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
The sanctions provided in the foregoing subsections of this section are in addition to all other penalties provided by law for the violation of Borough ordinances.
a. AREAS UNINTENDED PICNICKING TAILGATING
Definitions. The following definitions shall apply:
These areas include streets, sidewalks, private properties without the owner's permission, and public parks, parking lots and recreation areas (including schools) unless designated for picnicking.
This shall include the outdoor consumption of a meal, including various food types and beverages.
To picnic upon a parked automobile, utility vehicle or truck to include the placing of various foods and beverages upon the tailgate, hood, roof, trunk, open trunk, or upon seats of open-doored vehicles including the consumption of said foods and/or beverages.
b.
Picnicking or Tailgating Upon Areas Unintended Prohibited. A violation of this subsection shall include the picnicking or tailgating upon areas unintended within the Borough of Point Pleasant Beach.
c.
Violations and Penalties. The general penalty provisions of the within Chapter III, Police Regulations shall apply to the within subsection.
[Ord. B-70, § 1; 8-6-1968; Ord. 1976-12; Ord. #1988-20, § 1; Ord. #1995-15, § 1; Amended 12-9-2025 by Ord. No. 2025-34]
It shall be the duty of any owner and/or tenant or person in possession of any lands in the Borough of Point Pleasant Beach:
a.
To keep such lands free of brush, weeds, stumps, roots, obnoxious growths, filth, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Borough residents, or which may constitute a fire hazard.
b.
Where such lands abut or border upon any public street or avenue in the Borough, to remove all grass, weeds, brush and other impediments from that part of the street or avenue bordering on their respective lands including all lands located between the curb and the sidewalk.
c.
For the purposes of the within section, grass and weeds in excess of eight inches in height are considered to be violative of the provisions hereof causing a notice of violation to issue to the owner or occupant of said lands.
Whenever the code enforcement official or his or her designees of the Borough of Point Pleasant Beach shall deem it necessary and expedient for the preservation of public health, safety and general welfare, or the elimination of a fire hazard, or upon investigation of a complaint of any resident, officer or employee of the Borough of Point Pleasant Beach, he may order the owner, tenant or person in possession of any land on which any grass, weeds, trash, debris or other impediments are found to exist in violation of this section to remove the same within ten days. In the event the order of the code enforcement official is not complied with, he shall cause the removal of such grass, weeds, trash, debris or other impediments as expeditiously as possible.
After an investigation of any complaint of any resident, officer or employee of the Borough of Point Pleasant Beach, or upon his own motion, the reported conditions are found to exist, the code enforcement official or his or her assignees shall notify the owner, tenant, or person in possession of the lands complained of in writing, either personally or by mail, to remove such brush, weeds, stumps, roots, obnoxious growth, filth, garbage, trash, debris or other impediments within ten days of the dated letter. The code department shall reinspect the lands in question after the ten day period shall have expired and report as to whether or not the condition complained of has been abated or remedied.
In the event the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within ten days after receipt of notice, the code enforcement official or his or her designee shall cause the conditions complained of to be abated and remedied and shall certify the costs thereof to the mayor and council, who shall examine the certificate and, if found correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and from a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.
[Added 12-9-2025 by Ord. No. 2025-34]
The purpose of this section is to protect and promote the public health through the control of the growth of invasive plant species.
[Added 12-9-2025 by Ord. No. 2025-34]
As used in this section, the following terms shall have the meanings indicated:
Vegetation which, by its nature, grows beyond the property of its owner, and causes a neighboring property owner potential hardship due to the vegetation being overly competitive, poisonous, allergenic, illegal by State statute, or hazardous to the neighboring property's structures and facilities is deemed to be "invasive" for the purposes of this section.
The most widespread examples are Garlic mustard, Japanese knotweed, autumn olive, multifora rose, Japanese barberry and for the purposes of this section, bamboo. More recent emerging examples are Yellow iris, English ivy, Siebold's viburnum, kudzu, porcelain berry, wisteria, butterfly bush. |
Residents can find useful information at the Jersey-Friendly Yards website www.jerseyyards.org and use that as a resource for choosing the right plants for their yards. |
[Added 12-9-2025 by Ord. No. 2025-34]
No owner, tenant or occupant of a property, or person, corporation or other entity shall plant, install or cause or permit the planting or installation of invasive plants upon any property located in the Borough of Point Pleasant Beach.
[Added 12-9-2025 by Ord. No. 2025-34]
a.
In the event that an invasive plant species was located upon a property in the Borough of Point Pleasant Beach prior to the adoption of this amendment, the owner and occupant of said property shall jointly and severally be required to confine such invasive plant species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or right-of-way. In lieu of confining the invasive plant species, the property owner or occupant may elect to totally remove the invasive plant species from the property and all affected properties. Failure of a property owner and occupant to confine such invasive plant species to the property shall be a violation of this section.
b.
Any invasive plant species existing at a property prior to the adoption of this amendment shall not be replanted or replaced once it is or has become dead, destroyed, uprooted or otherwise removed.
[Added 12-9-2025 by Ord. No. 2025-34]
a.
When an encroachment of an invasive plant species is upon public property or a public right-of-way, at its discretion, the Borough of Point Pleasant Beach may remove or contract for the removal of such invasive plant species from the public property or public right-of-way. The cost of such removal shall be the responsibility of the owner and occupant of the property from which the invasive plant species originated and shall be a lien against the property from which the invasive plant species originated. The cost of said removal of the invasive plant species from public property and/or a public right-of-way shall include the cost of the installation of an appropriate barrier to prevent further encroachment by the invasive plant species.
b.
Nothing herein shall be interpreted as:
[Added 12-9-2025 by Ord. No. 2025-34]
Any property owner who is in violation of this section will have 90 days from the effective date of this section to have all invasive plants removed from the property.
Each and every owner of any lot or tract of land within the Borough of Point Pleasant Beach upon which there is a burned building or automobile wreck, or nuisance of any description, shall remove the same from such lot or tract of land within 30 days after receiving written notice from the Borough clerk to do so.
After an investigation of a complaint of any resident, officer or employee of the Borough of Point Pleasant Beach, or upon his own motion, the building inspector shall make a report of the conditions complained of in writing to the mayor and council at their next regular meeting. If the reported conditions are found to exist, the mayor and council shall then direct the Borough clerk to notify the owner of any lot or tract of land complained of, either personally or by registered mail, to remove the burned building or automobile wreck, or nuisance of any nature or description, within 30 days after receiving written notice from the Borough clerk to do so. The building inspector shall reinspect the lot or tract of land in question after the 30 day period shall have expired and report in writing to the mayor and council at their next regular meeting whether or not the condition complained of has been abated or remedied.
In the event the owner of any lot or tract of land in question shall refuse or neglect to abate or remedy the condition complained of within 30 days after receipt of notice, the building inspector shall cause the condition complained of to be abated and remedied and shall certify the cost thereof to the mayor and council who shall examine the certificate and, if found correct, cause the cost as shown thereon to be charged against the lot or tract of land. The amount so charged shall forthwith become a lien upon such lot or tract of land and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or tract of land, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the same officer and in the same manner as taxes. These costs shall be in addition to any penalties imposed for any violation of this section.
The provisions of this section shall be in addition to the penalty provisions of section 3-15 of this chapter.
For the purposes of this section, a trailer or camp car is defined to be any vehicle, whether self-propelled or otherwise, used or intended as a conveyance upon the public streets or highways, so designed, constructed, reconstructed or added to as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral with or portable by the trailer or camp car. Additionally, a boat trailer shall be defined as a steel or metal frame supported by wheels and not self-propelled and designed to hold a boat or other watercraft. For the purposes of this section, a trailer shall also be defined as a box trailer, storage trailer or similar vehicle. However, this section shall not apply to trailers used by contractors in connection with an on-site construction project.
It shall be unlawful for any person to park a trailer, boat trailer whether with or without a boat on any street in the Borough of Point Pleasant Beach in violation of any parking ordinance of the Borough or in any case for a period longer than one hour.
No person shall park a trailer or camp car on any premises within the limits of the Borough of Point Pleasant Beach except for the purpose of repair, storage or sale. Any trailer or camp car being repaired or stored or kept for sale shall be kept within a building and shall not be used by any person as a dwelling or sleeping place.
a.
Garbage shall mean all waste liquids and solids resulting from the handling, consumption, preparation and disposal of meat, fish, fowl, birds, offal and vegetables in any form. It shall include swill, kitchen refuse, animal or vegetable matter and offal, all decaying and decomposing substances, all dead dogs, cats and other animals, and all other matter commonly known as "garbage."
b.
Trash shall include all rubbish, twigs, leaves, ashes, cinders, refuse, and all other matter, which is not deemed recyclable, commonly known as "trash."
c.
Bulk items shall include old and useless or worthless furniture, household effects and appliances, junk and other items not weighing in excess of 60 pounds.
d.
Construction materials shall include any and all nonrecyclable debris generated as the result of remodeling, demolition or a construction or building project.
e.
Business shall include all of those properties any portion of which is used for retail or other commercial purposes including all rooming houses.
f.
Dumpster shall mean a roll-off container, supplied by the person asking that it be collected, approved by the Borough, no larger than 73 inches long by 63 inches wide by 50 inches high. No dumpster shall hold more than three cubic yards of trash.
g.
Hazardous waste shall be any waste or combination of wastes that poses a present or potential threat to human health, living organisms, or the environment, including, but not limited to, waste material that is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically infectious, explosive, or flammable, and any waste so designated by the United States Environmental Protection Agency. Hazardous waste includes radioactive waste, and any other substance or material defined as "hazardous" by the Ocean County Department of Solid Waste Management.
h.
Institutional establishments shall mean churches, schools, libraries, fire companies, first aid squads, and governmental offices only.
i.
Person shall mean any individual, trust, firm, joint-stock company, Federal agency, corporation (including a government corporation), corporate official, partnership, association, state, municipality, commission, political subdivision of a State, or any interstate body.
j.
Plastic bags shall mean heavy-gauge plastic bags at least .8 mil in thickness, which are to be used to contain garbage.
k.
Residence shall mean any residential dwelling unit.
l.
Mixed garbage and trash shall include any and all rubbish waste and the refuse from animal and vegetable matter and fish cleanings, and all ordinary household waste and worthless matter, but not including debris resulting from the construction, alteration or demolition of buildings or structures, or the clearing of lots or acreage. Mixed trash and garbage shall be collected, removed and disposed of at the same time. Bulk items not exceeding three feet by four feet and weighing 60 pounds or less shall be included in the above-defined term.
[Ord. 1971-17; Ord. #1982-16, § 1; Ord. 1985-19, § 2; Ord. #1987-2, § 2; Ord. #1987-10, §§ 1, 2; Ord. #1997-1, §§ 1, 2; Ord. #2003-23, § 1; Ord. #2003-31, §§ 1, 2; Ord. #2010-50; Ord. #2011-3, § 1; Ord. #2012-07; amended 8-4-2020 by Ord. No. 2020-13; 12-3-2024 by Ord. No. 2024-31]
a.
Garbage and Trash. All garbage and trash may be mixed and shall be drained of all water, and placed in a proper receptacle as described in paragraph f hereafter.
It shall be illegal to place recyclables in with garbage and trash and violators shall be fined as outlined in Subsection 3-8.7 of this section.
b.
Brush and Branches. Brush and tree branches which are bundled in lengths of five feet or less will be picked up by appointment.
c.
Leaves. Leaves will be collected curbside from October 15th through December 31st. Residents are required to rake leaves into the gutter and leave loose for collection. No plastic bags since our leaves are composted.
d.
Grass and Yard Rakings. All yard rakings, other than leaves, shall be considered trash and shall be placed in suitable receptacles and disposed of in the same manner as provided in Subsection 3-8.2a. No grass clippings or yard rakings, other than leaves, shall be placed loose or in piles on the sidewalk, gutter or street where the same may be dispersed by wind, forces of nature, passersby or traffic.
e.
Hazardous, Volatile or Explosive Materials. Nothing of a highly volatile, caustic, acidic, toxic or explosive nature, or improperly contained medical waste, whether in liquid, gaseous or solid form, shall, at any time be placed in any public or private receptacle, or set out for collection either by itself, or in connection with garbage, solid waste, rubbish, ashes, or other refuse material. This paragraph shall not apply to the disposal of common household materials such as household cleaners or aerosol cans. Any person convicted of violating any of the provisions of this section shall be subject to the maximum fines and penalties as set forth in section 3-15 of this chapter.
f.
Receptacles.
1.
The owner, tenant, occupant or operator of every dwelling, apartment, hotel, rooming house, store, motel, business, building, market, restaurant, residence, institutional establishment, or other premises in the Borough where garbage shall accumulate must provide and keep on such premises sufficient and suitable metal or plastic receptacles, cans or barrels, for receiving and holding the aforesaid materials.
2.
One proper trash/garbage bag, with proper and adequate seal, shall be considered an adequate plastic receptacle when used for overflow with a garbage pail or can meeting the requirements of Subsection 3-8.3. This provision applies only to residential dwellings and not to apartment, hotel, rooming house, store, motel, business, building, market, restaurant, residence, institutional establishment, or other commercial establishments. The plastic bag must be black, brown or dark green in color. White bags are prohibited.
3.
All receptacles used for the purposes described in Subsections 3-8.1 and 3-8.2 at all times shall be of such a size and weight as can be easily handled by one man, and in no case shall exceed 60 pounds in weight. All receptacles shall be kept in an upright position. All receptacles will be marked to designate the address of the residence or business to which it pertains. The one plastic garbage bag allowed shall be kept closed and sealed, unless otherwise exempted by this chapter.
4.
At no time at one collection shall more than four covered receptacles, plus one bag, be set out for collection from any individual private dwelling, unless otherwise exempted by this chapter. No one receptacle shall exceed 45 gallons.
5.
At no time at one collection shall more than four covered receptacles, unless otherwise exempted by this chapter, shall be set out for collection from any apartment house or rooming house, hotel, motel, business, building, market, restaurant, residence, institutional establishment, store or business of any kind, including any industrial plant or complex, regardless of the number of mercantile licenses issued. No one receptacle shall exceed 45 gallons.
6.
The Borough of Point Pleasant Beach will provide municipal service for the pickup of dumpsters only at institutional establishments and any condominium complexes, if required by law. Dumpsters shall be no larger than specified herein, and must be approved by the Borough.
g.
Public Litter Containers. No place of business shall deposit trash, garbage, rubber, paper or trade waste in any public litter container placed upon the streets of the Borough of Point Pleasant Beach for use by the public to prevent the littering of streets.
No person shall deposit household or commercial garbage, refuse or trash into any public receptacle. Any person convicted of violating any of the provisions of this section shall be subject to the fines and penalties as set forth in section 3-15 of this chapter.
h.
Bulk Waste Item Disposal Charges.
1.
Bulk waste items will be picked up by the Borough as scheduled during the year. Additionally, residents and taxpayers owning residential property may drop off household and noncommercial bulk waste items at the appropriate Borough disposal location as established. In the event of drop-off, no vehicles with commercial plates will be accepted for drop-off and no contractor's waste will be accepted. The Borough will not accept any items containing asbestos, flammable materials, Freon or any type of hazardous material.
2.
Charges shall apply to the removal of bulk waste items for the drop-off at the appropriate Borough-designated location within the Borough of Point Pleasant Beach. The charges shall be set by resolution of the governing body in amount at least sufficient to cover the costs of removal of said items and to cover the appropriate landfill charges.
3.
Any item, a charge for which is not specifically set by resolution, will be appropriately priced by the Borough upon request. Additionally, the Borough reserves the right to refuse to accept any item based on its size or content if the Borough believes the item exceeds normal height or weight or content requirements.
4.
Special bulk waste item collection: Monday through Friday, 7:00 a.m. to 3:00 p.m., with 24-hour prior notice. Cost will be twenty-five ($25.00) dollars per pick-up, plus the cost of the items as set by resolution of the governing body, with a limit of two special pick-ups per calendar year.
a.
Location. The owner, tenant, occupant or operator of every dwelling, apartment, hotel, motel, rooming house, store, motel, business, building, market, restaurant, or other premises in the Borough where garbage shall accumulate, shall, on the scheduled days for collection, place or have placed in proper and suitable receptacles or containers, as set forth in this section, all garbage, rubbish, waste, ashes, trash and other refuse materials as defined in this section at the following locations outside of the building proper where the same will be easily accessible to the collector.
1.
Private dwellings and apartments—at the curb or berm of the sidewalk immediately in front of the dwelling or apartment.
On the west side of Ocean Avenue between Parkway and Broadway, receptacles awaiting collection from dwelling front on private alleys or walks shall be placed on the curbline or berm of the sidewalk fronting on Ocean Avenue with its intersection with said private alley or walk, as the case may be. Storage and removal provisions relating to said receptacles, as herein before or herein after stated shall also apply to this area and the individual premises served.
On the east side of Ocean Avenue between Broadway and Vetrini Lane, receptacles awaiting collection shall be placed immediately in front of each dwelling on the private alley or driveway used to access the property, and shall not be placed on the curbline or berm of the sidewalk fronting on Ocean Avenue.
2.
Restaurants, hotels, motels, rooming houses, buildings, stores or businesses of any kind - at the curbline or berm of the sidewalk immediately in front of the building, as shall be designated by the Borough. However, at no time shall any trash or garbage receptacles, or receptacles of any kind containing the same, be placed for collection between Ocean Avenue and the Boardwalk on Trenton, Arnold and Central Avenues.
Receptacles awaiting collection shall be stored or kept in such places so as not to become a nuisance to the occupants of any dwelling and at no time shall they be kept under the windows of any such dwelling adjacent thereto.
When not set out for collection, as herein provided and after collection, all receptacles for trash or garbage, or both, whether empty or partially-filled or fully filled, shall be kept in the rear of the, place of business, or location from which collected, and not upon any part or portion of the front or side yards of the said premises.
b.
Time. The owner, tenant, occupant or operator of every dwelling, apartment, hotel, motel, rooming house, store, motel, business, building, market, restaurant or other premises in the Borough where garbage shall accumulate, or any other person, shall not place, or cause to be placed, or permit to remain on the curbline, berm or any portion of the street or sidewalk, or any part or portion of the front yard or side yards of the premises, any receptacle, bundle, bag, can or container or barrel, whether metal, plastic or otherwise, which shall contain garbage, trash, paper, rubbish, ashes, waste or other refuse material, earlier than 5:00 p.m. of the day preceding the time scheduled for the collection of the same, and shall not allow or permit any empty receptacles, cans, containers or barrels of any kind to remain on the curbline, berm, or any portion of the street or sidewalk, or any part or portion of the front yard or side yards of the premises, after 6:00 p.m. of the day of collection.
However, owners, tenants, occupants or operators of every dwelling, apartment, hotel, motel, rooming house, store, motel, business, market, restaurant or other premises in the Borough, which front on, or have garbage and trash collection on, Arnold Avenue, Channel Drive, Ocean Avenue, Broadway and Inlet Drive in this Borough, shall not allow or permit any empty receptacles, cans, containers, or barrels of any kind to remain on the curbline, berm, or any portion of the street or sidewalk, or any part or portion of the front yard or side yards of the premises, within one hour after collection or after 1:00 p.m. in the afternoon of the day of collection, whichever time is later.
c.
Interference with Placement and Collection Prohibited. No person shall prevent or interfere with any agent or employee of the Borough or any authorized contractor or collector of garbage, trash or refuse, or his employees in the discharge of his duties, in the sweeping or cleaning of any street, or in the removal therefrom of sweepings, ashes, garbage, rubbish, paper, snow, ice or other refuse material, or in the collection of garbage, trash, refuse, waste, ashes, rubbish or similar material.
d.
Storage. Provisions shall be made for the indoor or enclosed storage of garbage and refuse. Outside storage of garbage and refuse, when permitted, shall only be permitted in areas set forth herein. Such areas located on property used as a restaurant, hotel, motel, rooming house, store or business of any kind shall be shielded from public view and protected by adequate fencing and/or screening. All garbage receptacles, storage bins and dumpsters shall be tightly secured to prevent animals from entering same.
e.
Screening of Refuse Area. Those areas designated as refuse storage and pickup areas located on property used as a restaurant, hotel, motel, rooming house, store or business of any kind shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:
1.
The area shall be surrounded on at least three sides by a solid uniform fence or wall not less than six feet or more than eight feet in height and maintained in good condition. The wall of an adjacent building may serve as one side. Said fence shall be exempt from the provisions of any ordinance regulating the height of fences and requiring permits therefor.
2.
The opening in said screening wall or fence shall be so located as to prevent the visual display of refuse from any adjacent parking area, street or residential dwelling.
3.
For dumpster pickup, in addition to adhering to paragraphs 1 and 2 above, the area for the dumpster shall have as its floor a reinforced concrete slab at least six inches thick.
4.
If the dumpster area is unacceptable to the Borough, and the property owner does not correct the deficiency, dumpster pick up from the location may be withheld until the dumpster area is acceptable to the Borough.
f.
Employee Authorization. No public works employee shall collect any garbage, trash, or other refuse unless and until such items are prepared for municipal collection and disposal as directed in this section. Public works employees who note violations to this section during their collection duties shall notify their direct supervisor, who in turn will immediately communicate such violations to the police department and/or the code enforcement officer.
a.
Establishment of Schedule. The scheduled days for refuse collection shall be established by resolution of the governing body.
There will not be any garbage, trash, waste or recycling collection on Borough holidays designated annually by the governing body, with the exception of Memorial Day, July 4th and Labor Day. Pickup will be on the next regularly scheduled collection date.
b.
Change of Schedule. The scheduled days for collection of refuse may be temporarily changed by the Borough superintendent in matters of emergency or necessity. Any permanent change in the schedule as established by governing body shall be made by appropriate resolution of the governing body.
c.
Cleanup Days. The governing body shall by resolution designate those days which shall be known as cleanup days with directions as to the types of items to be collected and how these items are to be prepared for collection.
a.
Regulation of Vehicles.
1.
All vehicles used in transporting ashes, garbage, trash, rubbish, waste and other refuse material through the streets of the Borough shall be furnished by the owner or operator, must have a good tight body, and when loaded shall be securely covered with a type of cover approved by the Borough so as to prevent their contents from being scattered upon the streets.
2.
No cart or other vehicle for carrying any offal, swill, garbage, ashes or rubbish, or the contents of any privy vault, cesspool or other receptacle for filth, or having upon it or in it any manure or other nauseous or offensive substances, shall unnecessarily stand or remain near any building, place of business or other premises inhabited or occupied by any person. No person using such cart shall take an unreasonable length of time in loading or unloading, or in passing along any street or through any inhabited place or ground within the Borough. No such cart or vehicle, its appurtenances, or the driver or person in control thereof, shall be allowed to be in a needlessly filthy or offensive condition. When not in use all such carts, vehicles and all implements used in connection therewith shall be stored and kept in some place where no needless offense shall be given to any of the inhabitants of the Borough.
3.
All such carts and vehicles, boxes, tubs and receptacles therein used for transporting and carrying any of the foregoing substances shall be strong and tight and the sides shall be so high above the load or contents that no part of such contents or load shall fall or leak or spill therefrom. All vehicles and containers used for carrying bones, offal, butchers refuse, tannery scrapings, manure or refuse matter liable to decay must be metal-lined. Each of such carts, tubs or boxes and receptacles shall be adequately and tightly covered.
b.
Private Collection. Every private collector of ashes, garbage, trash and waste material shall conform to the provisions of this section and the rules and regulations for the collection and disposal of ashes, garbage, trash, rubbish and refuse material.
c.
Removal and Disposal. All ashes, garbage, trash, rubbish and refuse material must be removed and disposed of in areas outside of the Borough limits.
[Former § 3-8.6, Garbage Grinders Prohibited, was repealed 12-9-2025 by Ord. No. 2025-34. Prior history includes: Ord. 1971-17; Ord. #2010-50.]
[Ord. #1981-13, § 1; Ord. #1987-10, § 3, 4; Ord. #2010-50]
a.
Any person, firm or corporation violating the provisions of Subsections 3-8.2 through 3-8.6, with the exception of Subsection 3-8.2h, or any regulations adopted hereunder, shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars for each offense.
b.
Each and every day in which a violation of any of the provisions of this section exists shall constitute a separate offense.
c.
If and/or when there is any evidence of a violation downstream of a particular property, building, business and/or structure, the owner(s), tenant(s), lessee(s) and/or occupant(s) shall provide full access to the Borough Engineer, Public Works Superintendent, any supervisor, assistant supervisor, building and construction official as needed for inspection of a prospective violation upon request, within the limits of the law.
[Added 2-16-2021 by Ord. No. 2021-07]
All builders undertaking construction projects in the Borough of Point Pleasant Beach shall, as a prerequisite to the building official's final inspection of the building in question, supply to the Borough code enforcement office, verified written documentation that all debris and excess materials resulting from said construction has been properly disposed, with the location and method of said disposal being made known therein.
Any person convicted of violating any of the provisions of this section shall be subject to the fines and penalties as set forth in section 3-15 of this chapter.
[1]
Editor's Note: Former § 3-8.9, Saturday Garbage Drop-Off Program-Sale of Garbage Bags, adopted or amended by Ord. No. 2014-17, was repealed 8-4-2020 by Ord. No. 2020-13.
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibit the spilling, dumping, leaking, or otherwise discharging of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Point Pleasant Beach and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purposes of § 3-8A, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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.
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 Beach or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of the State subject to municipal jurisdiction.
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
Water resulting from precipitations (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.
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Point Pleasant Beach.
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This section shall be enforced by the members of the Point Pleasant Beach Police Department, the code enforcement officer and any other official authorized by the governing body to enforce its ordinances.
[Ord. 3/10/14, § 1; 8-6-1968; amended 12-9-2025 by Ord. No. 2025-34]
The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Borough of Point Pleasant Beach shall remove all snow and ice from the abutting sidewalks of such streets or, in the case of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within 16 hours after the same shall fall or be formed thereon. In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is required to remove all snow and ice from such portion of the sidewalks or, in the case of ice which it is impracticable to remove, shall cover the same with sand or ashes, within 12 daylight hours after the same shall be formed or fall thereon.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in the Borough, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to such persons upon the sidewalks or streets of the Borough of Point Pleasant Beach.
`In case snow or ice shall not be removed from the sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or street by the owner, tenant or occupant of any premises as hereinabove provided, the same shall be removed forthwith and under the direction of the superintendent of public works, and the cost of removal as nearly as can be ascertained shall be certified by the superintendent of public works to the mayor and council. The mayor and council shall examine such certification and if found to be correct, shall cause the cost to be charged against the real estate so abutting or bordering upon the sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises, and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violations of any of the provisions of this section shall not constitute any bar to the right of the Borough of Point Pleasant Beach to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.
No person shall obstruct the free and lawful passage of pedestrians and vehicles on the streets and sidewalks of the Borough by placing thereon any goods, wares, merchandise or any other article of trade or sale, or in any other manner whatsoever. Further, no person shall cause or allow the obstruction of the free and lawful passage of pedestrians and vehicles on the streets and sidewalks of the Borough by a motor vehicle in any manner. For purposes of this section, "motor vehicle" shall include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks. "Motor Vehicles" shall include motorcycles, omnibuses, trucks, and other vehicles as it is defined in Title 39 of the New Jersey revised statutes. For purposes of this section, "sidewalk" shall be defined to include all the area lying between the curb and the property line, including the area where grass grows between what is commonly known as the "sidewalk" and is often made of concrete and the curb.
This section shall not apply:
a.
To obstructions caused by the loading or unloading of goods, wares or merchandise to and from vehicles in such a manner as to cause a minimum of obstructions and for a minimum time which is necessary or unavoidable.
b.
To receptacles for garbage, ashes or refuse lawfully placed on or in sidewalk areas for collection.
c.
Sidewalk sales shall be excluded from these exterior display requirements.
a.
At no time will any business establishment place out for display any wares, goods and merchandise except between the hours of 8:00 a.m. and 6:00 p.m.
b.
Merchandise, goods, wares and other display items shall only cover 25 percent of the store's frontage.
c.
The merchandise displays or wares shall not extend further than three feet from the front of the building (not the property line).
d.
The display shall not exceed six feet in height.
e.
Sidewalk sales shall be excluded from these exterior display requirements.
The police department and code enforcement departments are given full authority to prevent obstructions in violation of this section and to remove any such obstructions after giving to the owner of the premises abutting the area so obstructed a reasonable notice to remove the obstruction.
No person at any time within the territorial limits of the Borough of Point Pleasant Beach shall fire or discharge or cause to be fired or discharged any pistol, shotgun, rifle, nocked arrow or other firearm as defined in Chapter 2C:39-1 et seq., within 300 feet of any dwelling house, public street or highway, provided, however, that nothing in this section shall prohibit the use of firearms for the protection of life and property. This section shall also not apply to those law enforcement officials properly carrying out their sworn duties.
[Ord. 1972-9, S A; Ord. #1996-13, § 1; amended 5-20-2025 by Ord. No. 2025-15[1]]
As used in this chapter, the following terms, consistent with NJ Statutes and RS39:1-1, shall have the definitions indicated:
As used in this section shall mean a device having wheels connected by a frame of metal or wood, and arranged to be propelled by human power. The term "bicycle" as used in this section does not include children's tricycles, low-speed electric bicycles, motorized bicycles, or low-speed scooters.
A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classifications:
"Class-1 low-speed electric bicycle," which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; or
"Class-2 low speed electric bicycle." which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
Means 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 19 miles per hour.
A pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50cc or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. This term shall not include a Low-Speed Electric Bicycle or low-speed electric scooter as defined in the Ordinance.
[1]
Editor's Note: This ordinance also changed the section title from "Bicycles" to "Bicycles, Bicycles, Low-Speed Electric Bicycles, Motorized Bicycles, and Low-Speed Electric Scooters."
No person shall operate or use a bicycle, tricycle or similar vehicle upon any street, road, avenue, public highway or lane within the Borough unless it has been registered as hereinafter provided and a registration sticker, duly numbered, has been affixed to the bicycle, tricycle or similar vehicle as hereinafter provided. Further, no person shall rent, or hire out for use, a bicycle, tricycle or similar vehicle unless it shall first be registered and a registration sticker, duly numbered, has been affixed to the bicycle, tricycle or similar vehicle as hereinafter provided.
Application for license sticker and the registration certificate shall be made to the police department, upon a form approved by the Borough council. The license sticker and the registration certificate shall be issued by the police department as herein provided upon receipt of the application, license fee, and proof of ownership of the bicycle. No person shall be issued a license sticker and registration certificate until it is found by an examination by the police department that the bicycle is in a safe mechanical condition to operate, that the applicant has the ability to operate the bicycle, and that he has a knowledge of the rules and regulations promulgated by the police department as to the operation of bicycles in the Borough. Licenses shall run for the issuing year from May 15 to May 14, and all licenses shall expire on May 14. The license sticker issued by the police department shall at all times be attached to the rear portion of the frame of the bicycle and kept in a conspicuous position thereon, and together with the registration certificate issued to owner shall be at all times subject to inspection by any member of the police department. The license fee to be paid for each bicycle registration shall be $.25 per year or any part thereof; fees to be remitted by the police department to the Borough treasurer. The same procedure shall be followed for tricycles and similar vehicles.
Every person who sells or transfers ownership of a bicycle, tricycle or similar vehicle shall report the sale or transfer to the police department and return the license and registration certificate issued to the person, together with the name and address to whom the bicycle has been sold or transferred.
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the license sticker during the time that the same is in effect.
Loss of sticker by accident or other good reason, or its inadvertent destruction, may, upon proper showing, be replaced by a new license sticker upon payment of $.25 and re-examination of the bicycle, tricycle or similar vehicle.
All bicycles, tricycles or similar vehicles, when in use in the Borough 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, and with a lamp on the rear which shall emit a red light visible from a distance of at least 500 feet to the rear. In addition to the red lamp, a red reflector may be mounted on the rear, of a type approved by the motor vehicle division which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.
All bicycles, tricycles or similar vehicles, when in use on any public highway, road or street in the Borough shall carry a suitable alarm bell attached to the handle bar of such machine which, when rung, may be heard at a distance of 100 feet. No siren or whistle shall be used.
a.
No bicycles shall be ridden on any sidewalk, on the boardwalk, or on any street end east of Ocean Avenue within the Borough of Point Pleasant Beach, except between the hours of 5:00 a.m. and 9:00 a.m. daily. Except that bicycles shall be permitted on the boardwalk within the Borough of Point Pleasant Beach on Saturdays and Sundays, excluding State holidays, falling between October 1st until April 30th between the hours of 5:00 a.m. and 9:00 a.m. daily, and on Mondays through Fridays, excluding State holidays, falling between October 1st and April 30th from 6:00 a.m. until 6:00 p.m. However, this subsection shall not prevent the use of small bicycles or children's tricycles on a sidewalk by children not over the age of seven years.
b.
No scooters, skateboards, in-line skates (i.e., "rollerblades") or similar devices shall be ridden on any sidewalk, on the boardwalk, or on any street end east of Ocean Avenue within the Borough of Point Pleasant Beach.
Every bicycle, tricycle or similar vehicle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Every person operating a bicycle, tricycle or similar vehicle shall at all times operate the same:
a.
With due regard for the safety of other persons and vehicles lawfully upon the streets, highways, parkways and public places, as well as for his or her own safety, and shall at all times and under all conditions yield the right-of-way to pedestrians on the streets, highways, parkways, public places and on the crosswalks.
b.
In compliance with all vehicle traffic laws which apply to bicycles, tricycles or similar vehicles, and all vehicle traffic signs and signals erected for the regulation of traffic.
c.
Properly and shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall be ride with his feet removed from the pedals, or with both hands removed from the handlebars, nor shall be practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
d.
Without attaching the same or himself to any vehicle upon a roadway and no operator of any vehicle shall knowingly allow any person riding upon any bicycle to attach the same or himself to the vehicle.
e.
In accordance with and shall obey all traffic regulations as established by N.J.S.A. 39:4-1 et seq. of the New Jersey Revised Statutes 1947 and the amendments thereto and supplements thereof, and all ordinances passed by the Borough as to the regulations of traffic on stop streets, one-way streets and through streets. Also before turning or changing the direction upon any street, highway, parkway or public place, it shall be the duty of the rider to give a signal, by the extension of the hand to indicate the direction it is the intention to proceed.
a.
Applicability. A person may park a bicycle on any street, sidewalk or other thoroughfare only in accordance with the terms and conditions of this section.
b.
Prohibited Acts. No person may park a bicycle where parking is prohibited or restricted by an official traffic control device; nor shall any bicycle be parked in the Borough where the parking of the bicycle impedes the normal and reasonable movement of pedestrian or other traffic; nor shall any bicycle be parked so as to constitute a hazard to pedestrians, traffic and/or property; nor shall any person park a bicycle on a street or other thoroughfare, or on or near any parking lot in such a manner as to obstruct the movement of a legally parked motor vehicle.
c.
Mandatory Use of Bicycle Racks. At all locations where bicycle racks are provided, in addition to the prohibitions set forth in paragraph b, no person shall park and/or secure a bicycle near or to any publicly or privately owned tree, fence, pole, post or other property, nor may any person park and/or secure a bicycle where an official control device or any applicable law or ordinance prohibits the parking or securing of bicycles at that location. Locations covered by this paragraph, paragraph b, include, but are not limited to those listed below:
1.
The eastern portion of the railroad station parking lot, from Arnold Avenue to the department of public works bordered by Cooks Road, Cooks Lane and Arnold Avenue;
2.
The western portion of the railroad station parking lot, along Route 35 North from Arnold Avenue to McLean Avenue;
3.
All Boardwalk street ends.
a.
Inspection of Bicycles. Any police officer may inspect any bicycle at any time if he has reason to believe that it has not been validly registered, does not have its registration sticker properly attached, or has a mechanical defect which renders the bicycle unsafe to operate.
b.
Impounding of Bicycles.
1.
Impounding of Unsafe Bicycles. If a police officer determines that a bicycle is so defective or unsafe as to constitute a danger to the safety of the person operating it or to others, he may impound the bicycle immediately. A bicycle that has been impounded shall not be released until the registered owner has given satisfactory proof that the defect that led to the impounding will be corrected prior to the bicycle again being operated in the Borough.
2.
Impounding of Illegally Parked Bicycles. Any bicycle found to be in violation of this section may be detached and removed from its location to be impounded by the Borough and not returned to its owner unless and until an impound fee of twenty-five ($25.00) dollars has been paid to the Borough. Any person charged with a violation of this section may seek judicial review of the action in municipal court.
c.
Violations in General. Any person shall be guilty of a violation of this chapter who:
1.
Fails to register a bicycle, tricycle or similar vehicle owned by him and operated on the streets or public highway of the Borough.
2.
Fails to report the transfer of ownership of a bicycle, tricycle or similar vehicle provided herein.
3.
Knowingly operates or permits the operation of a bicycle, tricycle or similar vehicle owned by him, which is unregistered or which has a mechanical defect rendering the bicycle unsafe to operate or otherwise violates the terms of this chapter. He shall, if under the age of 18, appear before the chief of police, with his parents or guardian, upon proper notice showing the nature of his offense, and show cause why his registration should not be suspended or revoked; if over the age of 18, complaint shall be made before the municipal court of the Borough; the municipal judge thereof, upon conviction for an offense, may impose the penalty provided for by section 3-15.
[Added 5-20-2025 by Ord. No. 2025-15]
a.
Duties of Persons on Low-Speed Electric Bicycles, Motorized Bicycles, or Low-Speed Scooters. Any person operating a low-speed electric bicycle, motorized bicycle, or low-speed electric scooter shall obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. Operators of a low-speed electric bicycle shall ride as near to the right-side of the traveled roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
b.
Lights and Reflectors. Every low-speed electric bicycle, motorized bicycle, or low-speed scooter shall have reflectors in the front and back. Every low-speed electric bicycle, motorized bicycle, or low-speed scooter shall, when in use at nighttime, 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, and with a lamp on the rear which shall emit a red light visible from a distance, and with a lamp on the rear which shall emit a red light visible from a distances of at least 500 feet to the rear.
c.
Audible Sound/Signal. No person shall operate a low-speed electric bicycle, motorized bicycle, or low-speed scooter unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that such low-speed electric bicycle, motorized bicycle, or low-speed scooter shall not be equipped with, nor shall any person use upon a low-speed electric bicycles, motorized bicycle, or low-speed scooter any siren or whistle.
d.
Helmet. All persons under the age of 17 are required to wear a protective helmet while operating a low-speed electric bicycle, motorized bicycle, or low-speed scooter. N.J.S.A. 39:4-10.1.
e.
Riding on Sidewalks and Walking Paths. No person shall operate a low-speed electric bicycle, motorized bicycle, or low-speed scooter upon a sidewalk within the Borough, nor in any location prohibited by signage.
f.
Reckless or Careless Riding. No person shall ride or operate a low-speed electric bicycle, motorized bicycle, or low-speed scooter in a reckless or careless manner which endangers or is likely to endanger the safety or welfare of themselves or other persons or property. No person operating a low-speed electric bicycle, motorized bicycle, or low-speed scooter shall attach themselves to any streetcar or vehicle, nor shall the operator of the low-speed electric bicycle allow others to hitch or hold onto an electric bicycle or scooter during operation. It shall be prohibited for a person operating a low-speed electric bicycle, motorized bicycle, or low-speed scooter to allow another person to ride as a passenger, unless the person is carried in a proper seat, trailer or other accessory that complies with current regulations and contains adequate provision for retaining the passenger in place and for protecting the passenger.
g.
Passengers. It shall be prohibited for a person operating a low-speed electric bicycle, motorized bicycle, or low-speed scooter to allow another person to ride as a passenger, unless the person is carried in a proper bike seat, trailer or other accessory that complies with current regulations and contains adequate provision for retaining the passenger in place and for protecting the passenger. The passenger shall also be required to wear a properly fitted and fastened helmet pursuant to N.J.S.A. 39:4-10.1.
[Added 5-20-2025 by Ord. No. 2025-15]
Low-speed electric bicycles, motorized bicycles, or low-speed scooters, to include any electric powered, gas powered or motorized vehicles, are prohibited from being operated within or upon any of the Borough owned property or recreation areas, including but not limited to:
a.
All of Point Pleasant Beach Boardwalk,
b.
Pleasure Park,
c.
Band Shell Park, and
d.
Any location prohibited by sign.
For the safety of sidewalk pedestrians, all persons, regardless of age, are prohibited from operating low-speed electric bicycles, motorized bicycles, or low-speed scooters on sidewalks.
Pursuant to the sidewalk restrictions above, Low-speed electric bicycles, motorized bicycles, or low-speed scooters must be walked without the assistance of motor, electric drive motor or pedal propulsion mechanisms when in possession on a sidewalk.
Those who have obtained a permit for use of the park or recreational area for a special event where use of such vehicles are authorized shall be exempt.
This section shall also not apply to those devices used to increase the independent mobility of an individual who has limited or no ambulation abilities, such as a motorized wheelchair. This section also shall not apply to toy electric vehicles, such as power wheels, designed for toddlers, where the maximum speed is less than three MPH.
[Added 5-20-2025 by Ord. No. 2025-15]
Motorized bicycles can only be operated by licensed operators on the roadways in accordance with the New Jersey Motor Vehicle Code. Operators are required to wear a protective helmet pursuant to applicable State law.
[Added 5-20-2025 by Ord. No. 2025-15]
a.
The employer or principal of any employee, agent, or contractor, while utilizing low-speed electric bicycle, motorized bicycle, or low-speed scooter for hire by, for or on behalf of such person or business, shall wear a reflective vest, and have affixed a tag, license, decal or marking affixed to low-speed electric bicycle, motorized bicycle, or low-speed scooter clearly identifying such low-speed electrical bicycles as being operated for hire buy, for or on behalf of such person or business.
b.
For the purposes of this section, to "hire" includes persons or businesses whose employees or agents utilize low-speed electric bicycle, motorized bicycle, or low-speed scooter to deliver their messages, parcels, food and/or other merchandise or good during the time such low-speed electrical bicycles are being used for such purpose, whether or not such low-speed electric bicycle, motorized bicycle, or low-speed scooter are owned, leased or rented by the person or business.
c.
A person's or businesses' failure to comply with this section shall be considered a violation of this section.
d.
Any violation of this section by an operator of a low-speed electric bicycle, motorized bicycle, or low-speed scooter while in the hire of a person or business shall be considered a separate violation of this section by such person or business.
[Added 5-20-2025 by Ord. No. 2025-15]
a.
It shall be unlawful for any person, user, or owner to abandon any low-speed electric bicycle within the Borough.
b.
A low-speed electric bicycle may be deemed abandoned if:
1.
It has been parked for a period of 48 or more consecutive hours, except in a designated bicycle or low-speed scooter tacks and or approved marked areas; or
2.
It appears visually to be in a state of prolonged disuse, such as but not limited to that it has deflated tires, damaged or missing battery or equipment making it inoperable, or accumulated debris; or
3.
It is parked, placed, or left on the roadway or in any public right-of-way in violation of this section.
c.
In the event that a low-speed bicycle is deemed to be abandoned, as defined herein, the Borough's Department of Public Works, the Borough Police Department, or the Borough's Department of Code Enforcement shall have the authority to seize and impound same pursuant to this section and remove from any public space.
[Added 5-20-2025 by Ord. No. 2025-15]
Each person violating any provisions of this section shall, upon first conviction, be liable to a penalty of $50, and upon second conviction shall be liable to a penalty of $100. No court appearance shall be required for a first or second alleged offense but will be required for a third or subsequent alleged offense.
There is hereby prohibited in the Borough of Point Pleasant Beach junk yards, automobile wrecking or disassembly yards, salvage yards, or yards for the sorting or baling of scrap metal, paper, rags, or other scrap or waste material.
Any area shall be considered and construed to be a junk or salvage yard where the area or the structures thereon are used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any disabled fixtures, vehicles or equipment of any kind.
a.
No person shall abandon, leave, store or maintain or permit the abandonment, storage or maintenance of any motor vehicle, machinery or equipment out of doors in any public or private place within the Borough of Point Pleasant Beach which motor vehicle, equipment or machinery is in a substantial state of disrepair and is inoperable or has an expired registration. This prohibition shall be deemed supplementary to the provisions of N.J.S.A. 39:4-56.5.
b.
No person shall abandon or permit the abandonment on public or private property within the boundaries of the Borough of Point Pleasant Beach of any motor vehicle owned by him or under his control or in his possession at the time of abandonment, or store or permit the storage of an abandoned vehicle on any property owned by him or in his possession or under his control.
c.
Any person who owns or has control of any premises and finds a motor vehicle left on his property without his knowledge, acquiescence or consent, where the owner of the vehicle has failed or refused to remove the same, or the owner is unknown, shall promptly notify the chief of police of the year, model and make of the vehicle, and if known or ascertainable, registration, license, serial number and ownership thereof with such further and additional information as the chief of police may request to ascertain whether or not the same has been abandoned. The chief of police shall take such further and additional steps as may be necessary to determine whether the same is an abandoned vehicle within the meaning of N.J.S.A. 40:47-20, and if the same is shall proceed to take possession thereof and thereafter dispose of the same pursuant to N.J.S.A. 40:47-20, to the regulations of the Division of Motor Vehicles, and any other provisions of law pertinent thereto.
d.
In the event the Borough of Point Pleasant Beach shall be required to take custody and control of any vehicle which is abandoned or in the event any vehicle is impounded by the Borough of Point Pleasant Beach for any reason including but not limited to vehicles seized in connection with a criminal investigation and/or forfeiture proceeding or for any other reason, the owner of said vehicle, upon retaking possession of same, shall be obligated to pay to the Borough of Point Pleasant Beach, the sum of ten ($10.00) dollars per day for each day or part thereof that the vehicle is impounded or stored.
e.
If any vehicle, machinery or equipment as described in paragraph a of this subsection or any vehicle described in Subsection 3-13.3b of the Revised General Ordinances of the Borough of Point Pleasant Beach (1968), is left, kept, placed or stored on private property for 15 days or more it shall be presumed that the owner or tenant in possession of such property upon which such vehicle, machinery or equipment is left, kept, placed or stored has permitted it to be left, kept, placed, or stored, on such property and such owner or tenant shall be deemed to have violated the terms and conditions of this subsection notwithstanding the fact that the owner or tenant is not the owner of the vehicle, machinery or equipment.
Where a motor vehicle is in such a condition that it is no longer self-propelled and by reason of the same is not a motor vehicle within the jurisdiction of the Division of Motor Vehicles, or where there is other unused machinery and equipment out of doors on private property, then the owner of the property or the person having possession or control thereof where such motor vehicle or machinery shall be located, shall remove and dispose of the same through private contractor by private means. The chief of police or an authorized member of his department, or the building inspector, is hereby authorized to remove the vehicles or equipment and machinery within ten days after notice from the chief of police or building inspector and the owner and person having possession or control of such property shall pay and be jointly and severally liable for all costs incurred by the Borough in effecting such removal. If payment of the removal charges is not made upon demand, the charges shall become a lien on the real estate involved. Removal by the Borough chief of police or his representative or the building inspector shall not provide a defense or excuse to an owner or person having possession or control of such premises for failure to comply with this section.
For the purpose of this section the following definitions are applicable:
a.
An inoperable vehicle or a junk automobile or junk automobile body shall mean any automobile or truck which is no longer in actual use as a motor vehicle, or which is wholly unfit without rebuilding or reconditioning for use for highway transportation, or which has been discarded for use as a motor vehicle.
b.
Motor vehicle shall include all vehicles designed to be propelled other than by muscular power, except such vehicles as run only upon rails or tracks, and as used in this section shall also include any part or parts of a motor vehicle and any such vehicle whether or not the same by reason of its present condition is still capable of self-propulsion.
c.
An abandoned vehicle shall mean a motor vehicle whose owner has terminated the use and care of the same and has left it on open lands, either on private or public property, and has either indicated by his words or actions an intent to leave the same and no longer claim ownership thereof, or has left the same without making arrangements for the storage thereof under cover with the owner or occupant of the premises on which it is located, for a period of at least 30 days.
This section shall not apply to motor vehicles located or stored under cover in garages or other buildings, or to operable motor vehicles held for sale and offered for sale upon the licensed premises of a regular or used car dealer in motor vehicles.
No person shall at any time use any automobile, truck or other vehicle, located on any public or private highway, road or street, or any public or private lot or premises, in the Borough of Point Pleasant Beach, for sleeping or living purposes.
No person shall at any time undress or change his or her clothes or don beach or wearing apparel in any automobile, truck or other vehicle, located on any public or private highway, road or street, or any public or private lot or premises, in the Borough of Point Pleasant Beach.
No person shall at any time undress or change his or her clothes in the open on any public or private highway, road or street, or any public or private lot or premises, in the Borough of Point Pleasant Beach.
a.
For violation of any provision of this chapter or any other ordinance of the Borough of Point Pleasant Beach where no specific penalty is provided regarding the section or sections violated, the maximum penalty shall, upon conviction of such violation be, imprisonment in the county jail or in any place provided by the Borough for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding 90 days; or all of the above.
b.
For violation upon an owner for violations of housing or zoning codes where the fine imposed is greater than one thousand two hundred fifty ($1,250.00) dollars, the municipal court shall provide a 30 day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before the court an independent determination concerning the violation. Subsequent to the expiration of the 30 day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if the court has not determined otherwise or, upon re-inspection of the property, it is determined that the abatement has not been substantially completed.
Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Borough exists shall constitute a separate violation.
The maximum penalty stated in Subsection 3-15.1 is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
[N.J.S.A. 40:49-5; amended 8-15-2023 by Ord. No. 2023-11]
The minimum penalty for the violation of any particular code provision or ordinance of the Borough shall be a fine in the maximum amount permitted at the time of the offense for a minimum fine by N.J.S.A. 40:49-5.
The provisions of this section are adopted, pursuant to N.J.S.A. 40:48-2, as deemed necessary and proper for the good government, order and protection of persons and property in the Borough of Point Pleasant Beach, and for the preservation of the public health, safety and welfare of the Borough and its inhabitants.
a.
No person shall litter or dump refuse, garbage, trash, paper, rubbish, repair parts, machinery, cans, bottles, equipment and debris of any kind on any land area, bulkhead, dock, slip, wharf, pier or seawall abutting any waterway of the Manasquan River, Lake Louise, Lake of Lilies, Little Silver Lake, and Wills Hole Thorofare, within the Borough of Point Pleasant Beach.
b.
No person shall dump or throw into any waterway of the Manasquan River, Lake Louise, Lake of Lilies, Little Silver Lake, and Wills Hole Thorofare, within the Borough of Point Pleasant Beach, in the County of Ocean and the State of New Jersey, any garbage, paper, trash, rubbish, repair parts, machinery, cans, bottles, equipment or debris of any kind.
As used in this section:
a.
The term "waterway" shall mean that area of the Manasquan River, Lake Louise, Lake of Lilies, Little Silver Lake, and Wills Hole Thorofare, located within the boundary lines of the Borough.
b.
The term "watercraft" shall include any ship vessel, boat, motorboat, any boat or vehicle used on water, including seaplanes when not airborne, and any contrivance, vehicle, object, vessel, or matter than can be used both in water and on land, or in water and in air, or any combination of these uses.
a.
All persons in charge of or occupying any watercraft shall at all times keep the land area, bulkhead, dock, slip, wharf, pier or seawall abutting and adjacent to the watercraft in a neat and orderly manner and free from all garbage, paper, trash, rubbish, repair parts, machinery, cans, bottles, equipment and debris of any kind. Further, the lessee or sublessee, including any watercraft owner whether private or commercial, or a leased area along any land area, bulkhead, dock, slip, wharf, pier or seawall abutting and adjacent to any waterway shall maintain the leased area in a clean and sanitary condition and free from all garbage, paper, trash, rubbish, repair parts, machinery, cans, bottles, equipment and debris of any kind.
b.
Any person in charge of or occupying any watercraft moored or docked at any or along any waterway, or any person renting any land area, bulkhead, dock, slip, wharf, pier or seawall abutting or in or along any waterway, or any lessee or sublessee of such land area, bulkhead, dock, slip, wharf, pier or seawall abutting or in or along any waterway, which lessee and sublessee shall include private or commercial watercraft owners, shall provide metal or solid plastic garbage cans of sufficient size to hold garbage, trash, refuse and debris to be collected, daily in the summertime, and thrice weekly at other times of the year, by such agency or contractors as are provided by the mayor and Borough council.
c.
Persons in charge of or occupying, who are guests or passengers on any watercraft moored or docked at or along any land area, bulkhead, dock, slip, wharf, pier or seawall abutting or in or along any waterway, or sailing or operating in any waterway, or in any waters located in any portion of the Borough of Point Pleasant Beach, shall observe all health and sanitary regulations of the Borough and all ordinances thereof relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or public peace.
d.
All heads, toilets, toilet and washing facilities shall be locked, closed and not used on any watercraft while in the boundary lines and confines of the Borough of Point Pleasant Beach, whether docked or moored or traveling or standing still on any waterway.
e.
No feces, excrement, bilge, oil, or tarnished, stained, sullied, polluted or putrescent material or liquid, shall be discharged or released or placed in any waterway or in or upon any waters within the boundary lines and confines of the Borough of Point Pleasant Beach, or on any land area, bulkhead, dock, slip, wharf, pier or seawall abutting any such waterways or waters.
f.
Any watercraft in any waterway which is abandoned or which becomes a menace to navigation or is unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a nuisance and the owner or the person in charge thereof or occupying the same shall abate such nuisance within 24 hours after notice thereof from the police department of the Borough. Further, members of the police department, whether regular or special officers, shall have authority to board such watercraft and move it or cause it to be moved to another location and to hold such watercraft for payment of costs incurred in its removal or storage.
The provisions of this section shall be enforced by the members of the police department of the Borough, whether they are superior, regular, temporary or special officers.
a.
Purpose. The purpose of the within section is to keep the waterways adjoining and within the Borough of Point Pleasant Beach free of decaying fish remains in order to protect the health, safety and welfare of the residents and visitors to the Borough.
b.
Prohibition. The disposal of fish remains by any person in charge of or occupying a boat or adjoining dock or area within the Borough of Point Pleasant Beach is hereby prohibited. This shall not apply to persons who are using said fish remains or parts secured to a line or trap when "crabbing". Additionally, it shall be the duty of those in charge of boats docked along the waterways within the Borough of Point Pleasant Beach to provide sufficient garbage cans for the disposal of said fish parts or remains.
c.
Any person who violates any one or more subsections of this section shall be subject to a fine of not more than one hundred ($100.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 15 days.
It shall be unlawful for any person to behave in a riotous or disorderly manner in or at any public meeting of the council, the board of adjustment, the planning board, board of health, or any division, agency or authority of the Borough, or to cause any unnecessary disturbance therein, by force, shouting, yelling, interruption or any other action calculated to disrupt such meeting, or to refuse to obey any rule of the mayor or the presiding officer of such meeting relative to the orderly process thereof.
The police department, upon order or request of the mayor or other presiding officer at the aforestated public meetings shall remove and eject any person acting in the prohibited and unlawful manner as designated and described in Subsection 3-17.1.
Any person who possesses an open container of alcohol and/or possesses an open container of alcohol with intent to consume same in public, and any person who shall consume alcoholic beverages in public is a disorderly person:
a.
While in or on a public street, public parking lot, public boardwalk, public beach, public park or recreation area or in any public conveyance.
b.
In a private motor vehicle while the vehicle is on any public street, lane or parking lot.
c.
While upon any private property not his own without the permission of the owner or person having authority to grant such permission.
Notwithstanding the provisions of Subsection 3-18.1, the mayor and Borough council may by resolution, permit the consumption of alcoholic beverages in any of the places designated in Subsection 3-18.1 in connection with special events or observances which have been authorized by the mayor and council.
No person in this Borough shall attempt to flee from or evade on foot or any other manner any police officer or any person duly empowered with police authority while in the discharge or apparent discharge of his duty.
No person in this Borough shall resist, obstruct or interfere with any police officer or any person duly empowered with police authority nor shall any person disobey a lawful order or instruction of any such officer.
No person shall operate or ride in any motor boat in or upon the lakes known as the Lake of the Lillies or Little Silver Lake.
For the purpose of this section a motor boat shall be defined to include any boat or other means of locomotion on the water propelled other than by sail or muscular power.
Any person found guilty of violating this section shall, upon conviction, be subject to the penalty provisions set forth in section 3-15.
It shall be unlawful, and be a public nuisance, for any person:
a.
To make any indecent exposure for exhibition of any kind in or upon any street, road, highway, place, alley, lane, or parking lot, public or private, within the Borough; or
b.
To expose to public view, within the aforesaid Borough, his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
c.
To engage, within the aforesaid Borough, in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks, by the making of indecent gestures or acts; or
d.
To make any indecent exposure of his or her private parts or engage in any lewd or indecent act or behavior; or
e.
To urinate or defecate in public places, including public and private parking lots, or streets, or on the lawns or yards of private homes and residences, or in the public view.
It shall be unlawful for any person, partnership or corporation to keep or board a horse on any property within the Borough of Point Pleasant Beach.
The purpose of this section is to protect the public health and safety by alleviating conditions which lead to an unnecessary drain on the manpower, time, space, facilities and finances of the Borough's police and fire departments and the deterioration of the quality of services to persons subscribing to alarm services.
The provisions of this section shall apply to any person, partnership, corporation, association, or other legal entity, other than the Borough, who operates, maintains, or owns any alarm device designed to summon the police, fire department, or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing services by private source to other offices within or without the Borough. The terms of this section shall also apply to alarm companies providing services by private source to other companies within or without the Borough if the purpose of the furnishing of such services is to summon the police to any location in response to any type of alarm signal.
As used herein, the following words and phrases shall be defined as hereinafter indicated:
a.
"Alarm console" shall mean the console or control panel of devices giving a visual or audio response, or both, and located within the confines of the department of police.
b.
"Alarm device" shall mean any type of alarm system actuating equipment in the alarm console proving warning of intrusion, fire, smoke, flood or other peril.
c.
"Alarm installation" shall mean any alarm, device or combination of devices installed for one or more buildings at a location other than the alarm console.
d.
"Designated representative" shall mean a member of the Police Department of the Borough of Point Pleasant Beach or the representative of any firm employed by the Borough of Point Pleasant Beach for the purpose of installing and maintaining the console.
e.
"Dial alarm" shall mean that type of device using telephone lines transmitting an alarm directly through the police switchboard.
f.
"False alarm" shall mean an alarm activated by inadvertence, negligence or unintentional act of someone other than an intruder, and includes as well, alarms caused by malfunctioning of the alarm device or other irrelevant equipment, but not including alarms created by malfunction of the alarm console.
g.
"Local alarm" shall mean any alarm or device which, when activated produces a signal not connected to the alarm console, such as a store burglar alarm's actuating bell or similar device, which purpose is the attracting of attention to the premises.
h.
"Persons" shall include any natural person, partnership, corporation, association or any other legal entity.
i.
"Subscriber" shall mean any person owning an alarm device or local alarm within the scope of this section.
j.
"Alarm panel" shall mean that component installed in the console in police headquarters containing alarm indications and designations.
k.
"Police panel alarm" shall mean any alarm device connected to alarm panel at police headquarters.
l.
"Central office alarms" shall mean alarms connected to a private alarm service, who, in turn notifies the Borough police department desk.
a.
Alarm Registration. All alarms included in this section shall be registered with the police department on provided forms which shall include name of business, if applicable, address, telephone number at alarm location, name of alarm company servicing equipment, at least two emergency numbers of persons that can be called when alarm is activated, type of alarm.
1.
Fee. All alarms shall be registered annually with the police department accompanied by an annual charge in the amount of five ($5.00) dollars. Any person having an alarm device which calls a general police number, upon discovery of thereof, shall receive notice in writing from the chief of police requiring that the owner comply with the terms of this section concerning registration and if said person fails to do so within ten days, he shall be liable to the penalties provided for violation of this section.
b.
Local Alarms. Local alarms shall be permitted but it shall be unlawful for any local alarm to ring or put forth any other sound for a period in excess of ten minutes.
c.
Dial Alarms. Any alarm device which, when activated, automatically or electronically selects a telephone line connected to a central alarm station or to the police headquarters reporting a prerecorded message, requesting police assistance, and such devices commonly known as dial alarms, shall be regulated as follows:
1.
Dial alarms shall be coded to dial a separate number to be obtained from the chief of police or his designated representative. No dial alarm shall be coded to dial the number of the general police switchboard of the Borough.
2.
Dial alarms must be coded to conform to the message format provided for in the application form.
3.
The total length of the message may not exceed 15 seconds.
4.
The message is to be received by the police headquarters on the designated number twice but no more than twice.
5.
Any dial alarm device must provide an automatic line seizure feature in the event that the line is busy with incoming or outgoing calls.
d.
Police Panel Alarms. All police panel alarms shall be connected to alarm panel by telephone lease line and subscriber shall pay all installation and monthly charges.
e.
Burglar Alarm. When a burglar alarm is received at police headquarters it shall be investigated as soon as possible and the subscriber or his agent shall be notified and he must respond to the alarm location within 30 minutes to assist police department.
f.
Hold-Up Alarm. When hold-up alarm is received at police headquarters, the alarm location will be called by police headquarters and in the event of false alarm, the subscriber or agent shall meet the responding police officers outside the building.
g.
Fire Alarms. When any fire alarm is received at police headquarters the fire departments will be notified to respond along with the police department.
a.
Investigations. In the case of a false alarm, the local fire official shall investigate or cause to be investigated and keep a record of the alarm on file. If an investigation discloses that a false alarm was due to misuse, improper supervision, or equipment malfunction and was not due to an unpreventable, unavoidable outside cause, the fire official shall provide notice and order corrective action or that the alarm system be disconnected for a specified period of time. The fire official shall serve on the owner of the building a written order stating the nature of the violations and the date by which the violations must be corrected.
b.
Intentional False Alarms. Any individual who: (i) intentionally, willfully or maliciously destroys or injures any of the posts, alarm boxes or other alarm apparatus owned by the Borough of Point Pleasant Beach; or (ii) intentionally, willfully or maliciously interferes with the operation of the same or any part thereof; or (iii) hinders or impedes any of the operations intended to be accomplished thereby; or (iv) intentionally causes or assists in causing a false alarm of any emergency to be given in any manner shall be guilty of a violation of this section.
c.
Penalties. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. All fines payable under this section shall be made payable to the Borough of Point Pleasant Beach.
1.
Any person who violates Subsection a of this section shall be subject to the following penalties.
(a)
For violation of any provision of this section, the fine shall not exceed five hundred ($500.00) dollars nor be less than one hundred ($100.00) dollars.
(b)
Where a summons is issued to an individual for violating this section, the issuing officer may, at the issuing officer's discretion and at the time the summons is issued, classify the summons as a payable offense. Should the issuing officer designate the summons as a payable offense, no mandatory court appearance shall be required for the violator.
(c)
In designating the violation of this section as a payable offense, the municipal court is hereby authorized to include a violation of this section on the "Local Supplemental Violations Bureau Schedule" pursuant to R. 7:12-4(c) of the New Jersey Court Rules.
2.
For the fourth or any subsequent offense, a fine of at least three hundred ($300.00) dollars but not to exceed seven hundred fifty ($750.00) dollars and/or the disconnection of the system or confinement in the Ocean County Jail for a period of not more than five days.
[1]
Editor's Note: Former Subsection 3-23.6, Violations and Penalties, was repealed by Ordinance No. 2005-07.
[Ordinance No. 2007-19; repealed and replaced 10-1-2024 by Ord. No. 2024-24]
[Added 10-1-2024 by Ord. No. 2024-24]
This section establishes requirements for tree removal and replacement within the Borough of Point Pleasant Beach ("Borough") to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Ord. #2011-25; Added 10-1-2024 by Ord. No. 2024-24; amended 8-19-2025 by Ord. No. 2025-23]
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 section clearly demonstrates a different meaning. When consistent 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 use of the word "shall" means the requirement is always mandatory and not merely directory.
Means any "person", as defined below, who applies for approval to remove trees regulated under this ordinance.
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6" x 1.5' = 9'.
Means the diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by the Borough code enforcement official or his or her designee, a certified arborist, or Licensed Tree Expert (LTE). LTE shall mean a person who has received his credentials from the New Jersey Board of Tree Experts. Where referenced in this section, any work performed by an LTE shall be in accordance with the technical services said LTE is licensed to perform pursuant to N.J.S.A. 45:15C-11.
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this section is removed or proposed to be removed.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e. islands, medians, and pedestrian refuges.
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Means the diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the vase of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
[Ord. #2011-25; added 10-1-2024 by Ord. No. 2024-24; amended 8-19-2025 by Ord. No. 2025-23]
a.
Application Process:
1.
Any person planning to remove a street tree, as defined as Tree removal, with DBH 2.5" or more or any non-street tree with DBH of 6" or more on their property shall submit a Tree Removal Application to the Borough. No tree shall be removed until Borough officials have reviewed and approved the removal. The Borough shall respond to any such application request within ten (10) days of filing.
b.
Tree Replacement Requirements:
1.
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt pursuant to this section, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2.
Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of 6" or more, unless otherwise detailed in this ordinance, shall be subject to the requirements of the Tree Replacement Requirements Table.
3.
The species type and diversity of replacement trees shall be in accordance with § 3-24.7, Appendix A.
4.
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the Tree Replacement Criteria in the table below;
(b)
Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(c)
Be monitored by the applicant for a period of two (2) years to ensure their survival and shall be replaced as needed within twelve (12) months; and
(d)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
5.
Any person required to complete a tree replacement pursuant to this subsection shall post a bond to ensure the planting of a replacement tree consistent with the requirements of this section. Said bond shall be deposited in cash or by a bond of a licensed insurance company authorized to do business within the State of New Jersey. The bond shall be in the minimum amount of three hundred fifty ($350) dollars for each tree to be covered by the permit.
Upon completion of the tree replacement, the owner or contractor posting said bond shall notify the Code Enforcement Officer that the work is complete. The Code Enforcement Department will, within ten days of the notification, inspect the tree replacement to determine that the replacement has been done according to code. If the replacement has been done correctly, the bond will be released. If the replacement has not been done correctly, the owner or contractor will be given 14 days to correct the deficiency.
In the event that the tree is not replaced within the specified time or is not replaced with the specified size or appropriate species, the Code Enforcement Officer will authorize the planting of a replacement tree and deduct the cost of the replacement from the bond. Any balance shall be returned to the owner or contractor. The liability of the applicant shall not be limited to the penal sum of the bond.
Tree Replacement Requirements Table | |||
|---|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) | Application Fee |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant tree with a minimum tree caliper of 1.5" for each tree removed | $25 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $25 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $25 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $25 |
c.
Replacement Alternatives:
1.
If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall satisfy one of the following requirements at the Borough's election:
(a)
Plant replacement trees in a separate area(s) approved by the Borough, subject to the bonding requirements contained in subsection 3-24.3b5 above.
(b)
Pay a fee of $100 or $50 per tree removed, whichever is greater. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
[Ord. #2011-25; Added 10-1-2024 by Ord. No. 2024-24; amended 8-19-2025 by Ord. No. 2025-23]
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the Borough by all persons claiming an exemption. Proper justification shall include photographs supported by a statement from a New Jersey licensed tree expert pursuant to N.J.S.A. 45:15C-11 et seq.
a.
Residents who remove less than four (4) trees that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. The number of trees removed is a rolling count across a five-year period.
b.
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
c.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
d.
Any trees removed as party of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
e.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitant enhancement plan;
f.
Approved game management practices, as recommended by the NJDEP, Division of Fish, Game and Wildlife; and
g.
Hazard trees may be removed with no fee or replacement requirement.
[Added 10-1-2024 by Ord. No. 2024-24]
This section shall be enforced by the Borough Code Enforcement Officer during the ordinary course of enforcement duties.
[Added 10-1-2024 by Ord. No. 2024-24]
Any person who is found to be in violation of the provisions of this section shall be subject to a fine of at least $100 per tree, which in no case shall not be less than the amount of the required replacement tree(s) and cost of planting.
[Added 10-1-2024 by Ord. No. 2024-24]
Approved list of Replacement tree species and Planting Standards for the Borough of Point Pleasant Beach.
a.
For Street Trees: Point Pleasant Beach Recommended Street Trees.
1.
Wide Tree Lawns more than 4 feet:
Ginkgo, male
Hackberry, magnifica
Honeylocust thornless
Linden, Crimean or Littleleaf
Maple Red (Autumn Spire, Red Sunset October Glory)
Oak (Green Pillar, Pin, Fastigate English Oak)
Oak (Red, Pin, Chestnut, Black, Willow)
Turkish Filbert
Rubber, Tree Hardy
2.
Average Tree Lawns 3 to 4 feet:
Cherry - Sargent or Okame
Elm, resistant varieties
Gum, Sour or Black Tupelo
Hornbeam, European
Maacia, Amur
Pear, Cleveland or Redspire
Planetree, London
Zelkova varieties
3.
Narrow tree lawns - less than 3 feet:
Cherry, Amanogawa
Ivory Silk Lilac
Serviceberry (Robin Hill, CumuluS; Alleghany)
Silverbell (Carolina)
Snowbell, Japanese
4.
Underwire Trees—any size lawn:
Cherry (Amanogawa)
Ivory Silk
Serviceberry
Silverbell (Mountain, Silverbell)
Snowbell, Japanese
5.
For properties adjoining the Ocean Front - primarily shrubs and grasses:
Eastern Red Cedar Tree
Inkberry Holly shrub
Southern Wax Myrtle
Northern Bayberry
Beach Plum
American Beach Grass
Little Blue Stem Grass
6.
For properties located within the First Block off Ocean:
Common Hackberry
Honey Locust thornless
London Plane
Ginkgo
Serviceberry - Amelanchier Canadensis
Japanese Flowering Kwazan Cherry
7.
For properties located within the Second and Third Block off Ocean - Tall:
Red Maple
Common Persimmon
Pine - pitch, Virginia
Oak Species
Sassafras
The purpose of this section is to protect the health, safety, and welfare of the residents and visitors of the Borough of Point Pleasant Beach, Ocean County, New Jersey.
When dumpsters and construction equipment are temporarily placed upon property not located in the street or right-of-way, then such equipment shall be marked as follows:
a.
Said dumpsters and unlicensed construction equipment shall be clearly marked in such a manner as to identify the owner of said equipment.
b.
In the event a dumpster or unlicensed construction equipment is legally placed upon property, then this equipment shall be marked with a reflecting material at the corners on each side of said dumpster or equipment. The reflecting materials shall be in strips or patches of a minimum area of one square foot.
The obstruction of any street or right-of-way by placement thereon of unlicensed construction equipment including, but not limited to, dumpsters, construction materials and other unlicensed construction equipment or debris which impedes or is likely to impede the flow of vehicles or pedestrian traffic shall constitute a public nuisance and is hereby prohibited.
a.
Exception. The above prohibition shall not apply to dumpsters in the event the following shall occur:
1.
The individual or other entity seeking to receive permission to place said dumpster upon a street or public right-of-way shall apply for a permit with the Borough construction department. Said permit will only be issued in the event that it is determined by the building official and police chief or their appropriate designees that said dumpster cannot be placed upon the property to be affected by said permit due to space limitations.
2.
The individual or other entity seeking to receive said permit shall post a bond with the Borough in the amount of two hundred fifty ($250.00) dollars to ensure that the terms of the permit are followed as required.
3.
The individual or entity applying for said permit shall pay a twenty-five ($25.00) dollar nonrefundable application fee to cover administrative costs and inspection of the site.
4.
Any dumpster stored on said street or right-of-way shall be removed within 72 hours.
5.
Upon removal, the site shall be inspected to ensure that there has been no damage to the street or right-of-way. In the event of any such damage, the applicant shall immediately repair same or money shall be applied from the bond posted to correct or repair said street or right-of-way.
6.
The permit will require the permittee to indemnify the Borough from any claims resulting from the placement of the dumpsters.
The purpose of this section is to protect the public peace and welfare by prohibiting fishing and crabbing during certain hours within a quiet residential neighborhood.
Crabbing and fishing shall be prohibited at the street ends of Cedar Avenue and Lincoln Avenue at the intersection with the Manasquan River during the hours of 9:00 p.m. to 8:00 a.m. daily.
[Ordinance Nos. 1988-3, 1988-16 and 1989-8; Ord. #2008-47 § 1; Ord. #2011-03, § 2; Ord. #2011-19]
This section shall be known and may be cited as the Recycling Ordinance of the Borough of Point Pleasant Beach.
The words, terms and phrases used in this section shall have the following meanings:
Empty all-aluminum beverage and food containers.
Those properties used primarily for commercial purposes and those multiple dwellings requiring private garbage collection shall not be covered under the within section.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
Those facilities that house or serve groups of people, including but not limited to hospitals, schools, nursing homes, libraries and governmental offices.
Any bottles or containers made of plastic material.
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they have been exposed to substances or conditions rendering them unusable for recycling.
All newspapers, junk mail, envelopes, magazines, paperback books, computer paper, empty brown bags, office paper, shredded paper and flattened cardboard.
Every owner, lessee and occupant of a residence, commercial or institutional establishment within the boundaries of the Borough of Point Pleasant Beach.
Those materials which would otherwise become municipal solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
Any occupied single or multi-family dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
Garbage, refuse and other discarded solid material normally collected by a municipal or private hauler.
There is hereby established a program for the mandatory separation of the following recyclable materials from the municipal solid waste stream by all persons within the Borough of Point Pleasant Beach, hereinafter referred to as the "municipality:"
[Amended 4-15-2025 by Ord. No. 2025-12]
a.
The recyclable materials designated in Subsection 3-27.3 (excluding waste oil) shall be put in a suitable container with lid, 45 gallon maximum size (plastic bags or five gallon pails are prohibited), separated from other solid waste, and placed at the curb or such other designated area for collection at such times and dates as may be hereinafter established in the municipality's recycling regulations. The container for recyclable materials shall be clearly labeled and placed at the curb or such other designated area for each collection, regardless of whether any recyclable materials are available for collection. The maximum weight of each container shall not exceed 60 pounds. All receptacles shall be kept in an upright position. All receptacles and covers will be marked to designate the address of the residence or business to which it pertains.
b.
Mandatory source separation: It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations with the municipality, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations by the municipality. It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disposal or recycling. Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this section and the local sanitary code. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
c.
Waste oil shall be placed in a clean container and taken to the municipal drop off center located at the public works garage or any other designated area for collection at such times and dates as are established in the municipality's recycling regulations.
d.
All commercial properties shall bundle and tie corrugated cardboard with twine and place bundles at the curb or other designated area for collection at such times and dates as are established in the municipality's recycling regulations. The maximum length of each bundle of cardboard shall be four feet and the maximum weight shall not exceed 30 pounds.
e.
All telephone books may be taken to the municipal drop off center located at the public works garage or any other designated area for collection at such times and dates as are established in the municipality's recycling regulations.
f.
Residential Dwelling Compliance Requirements: The owner of any property shall be responsible for compliance with this section. For multifamily units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violation and penalty notices will be directed to the owner or management in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to new tenants when they arrive and every six months during their occupancy.
g.
Non-Residential Establishment Compliance Requirements: All commercial and institutional generators of solid waste shall be required to comply with the provisions of this section.
All persons within the municipality shall, for the period from October 15 through January 15 of each year, separate leaves from other solid waste generated at their premises and, unless the leaves are stored or recycled for composting or mulching on the premises, place the leaves at the curb or other designated area for collection at such times and dates and in the manner established by the municipality's recycling regulations. During the period from January 16 through October 14 of each year, leaves shall be considered trash and disposal shall be handled as outlined in § 3-8 of the Borough Code.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the municipality in its recycling regulations. These materials may either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not designated as recyclable material collection days in the municipality's recycling regulations. Said individuals or organizations may not collect recyclable materials on or within the 24 hours immediately preceding a regularly scheduled curbside collection day and shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of material recycled during the preceding calendar year.
It shall be a violation of this section for any unauthorized person or organization to collect, pick up or cause to be collected or picked up within the boundaries of the municipality any of the recyclable materials designated in Subsection 3-27.3 of this section. Each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
[Added 4-15-2025 by Ord. No. 2025-12[1]]
a.
Any application to the planning board of the municipality for the subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator.
b.
Prior to the issuance of a Certificate of Occupancy by the municipality, the owner of any new multi-family housing or commercial institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed door, storage and pickup of solid waste, to be approved by the municipal engineer.
[Amended 4-15-2025 by Ord. No. 2025-12]
The Point Pleasant Beach Police Department, Code Enforcement Officer, or his/her designee, and Recycling Coordinator, or his/her designee, and the Ocean County Department of Health are hereby authorized and directed to establish and promulgate reasonable regulations detailing the manner, days and times for the collection of recyclable materials designated in Subsection 3-27.3 of this section and such other matters as are required to implement this section. Such regulations shall take effect only upon the approval of the Borough Council by adoption of a resolution implementing the same. The Point Pleasant Beach Police Department, Code Enforcement Officer, or his/her designee, and Recycling Coordinator, or his/her designee, and the Ocean County Department of Health are hereby authorized and directed to enforce the provisions of this section and any implementing regulations adopted hereunder.
The Borough council of the municipality may exempt persons occupying commercial and institutional establishments from the source separation requirements of Subsection 3-27.4 of this section if those persons have otherwise provided for the recycling of recyclable materials designated in Subsection 3-27.3 of this section. To be eligible for an exemption under this section, the person seeking the same shall, prior to June 1 of each year, provide written documentation to the municipality of the total amount of materials recycled during the preceding calendar year.
a.
Those commercial fishing boats used for charter sport fishing or recreational fishing and what are commonly known as "head boats" shall be subject to the provisions of the within section unless they have taken advantage of the above-referenced exemption under this subsection. They shall be required to keep on board separate containers or receptacles clearly marked "bottles and cans only" as well as the normal receptacles for garbage and trash. These cans or receptacles shall be kept in an area accessible to the fishermen during the time that they are actually fishing.
The purpose of this section is to prohibit the use of skateboards upon the Point Pleasant Beach boardwalk and its access ramps and further prohibiting the use of skateboards upon property owned by the Point Pleasant Beach Board of Education pursuant to the request of said board. This prohibition is being adopted in order to protect the health, safety and welfare of residents of the Borough of Point Pleasant Beach.
As used in this section, the term skateboard shall be defined as a platform or other board which is mounted on wheels or a board with roller-skate wheels or other similar wheels affixed to the underside, having no mechanism or other device with which to steer or control the direction or movement thereof while being used, operated or ridden.
No person shall use, operate or ride upon a skateboard on any public boardwalk or access ramp along the oceanfront within the Borough of Point Pleasant Beach, Ocean County, New Jersey. Additionally, no individual shall use, operate or ride upon any skateboard upon any property owned by the Point Pleasant Beach Board of Education and being within the Borough of Point Pleasant Beach, Ocean County, New Jersey.
a.
Additionally, no individual shall use, operate or ride upon any skateboard upon the sidewalks in the area established as General Commercial on the map entitled "Zoning Map of the Borough of Point Pleasant Beach," dated November, 1978, which accompanies Chapter 19 of the Revised General Ordinances of the Borough of Point Pleasant Beach.
Any person who violates any one or more subsections of this section shall be subject to a fine of not more than one hundred ($100.00) dollars for each separate offense.
In the event the individual using the skateboard is under the age of 18 years at the time that said individual violates the provisions of this section, then said skateboard shall be confiscated by the Point Pleasant Beach Police Department and held for a period of three days upon which it may be returned to the parent or guardian of the minor in possession of said skateboard. Upon a second offense, the same provisions shall be applied but the skateboard shall not be returned for a period of 30 days. Any subsequent offense shall mean permanent confiscation of said skateboard by the Borough of Point Pleasant Beach.
Fighting is hereby prohibited within the Borough of Point Pleasant Beach, Ocean County. Fighting shall be defined as quarreling, brawling or otherwise misbehaving in a disorderly manner as to disturb the public peace in a public place.
It shall be unlawful to possess or use fireworks within the Borough of Point Pleasant Beach. Said fireworks are to include but not be limited to firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers and other fireworks or like construction.
It shall be unlawful for a person to deface or otherwise damage public property or the real or personal property of another by drawing, sketching, painting, etching, carving or otherwise making any mark or inscription on said property.
The purpose of the within section is to establish a policy and to set standards for the use of display banners within the Borough of Point Pleasant Beach.
A maximum number of three temporary banners per event is hereby established.
All temporary display banners shall be displayed for a maximum of two weeks or 14 days. The banner shall be removed within 48 hours after the conclusion of the event.
Those applying for a permit to erect a temporary banner shall submit an application with their name, address and telephone number and, if necessary, a contact person available on a 24 hour a day basis in the event of emergency. The application shall also indicate the event, its sponsors and should include a copy of the information to be laid out on the banner. Permits for banners will be issued on a first-come, first-serve basis with the exception of those annual events which have been held in the past to include, but not be limited to the tube race, seafood festival, bike race and the sidewalk sale of the Chamber of Commerce. These events will be given preference for the dates they have commonly used in the past.
In the event that the temporary banners are to be flown over state highways or county roads, then it shall be necessary to obtain the appropriate permit from the State Highway Department and the county engineer or other appropriate county agency.
In accordance with, and pursuant to, the authority of N.J.S.A. 2C:35-5 and 2C:35-7, the drug-free zone map produced by John E. Walsh, P.E., under date of July 6, 1999, as Point Pleasant Beach Municipal Engineer, is hereby approved and adopted by the Borough of Point Pleasant Beach as an official finding and record of the location and areas within the municipality of property which are used for school purposes, which are owned by, or leased to, any elementary or secondary school or school board, and the areas within 1000 feet of such school property; and areas within the municipality of property that comprise any public housing facility, public park, or other public building, and the areas within 500 feet of such public property.
The drug-free zones map approved and adopted pursuant to this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by, or leased to, any elementary or secondary school or school board; and areas on or within 500 feet of property that comprises a public housing facility, public park, or other public building, 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 said properties and the drug-free zones.
The school board, or the chief administrative officer, in the case of any private or parochial school, the board of trustees of the public library, and any other public or quasi-public agency or body having ownership and/or control of any public lands within the Borough of Point Pleasant Beach 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/or boundaries of any public property which creates a 1000 foot or 500 foot drug-free zone.
The Clerk of the Borough of Point Pleasant Beach is hereby directed to receive and to keep on file the original map approved and adopted pursuant to 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 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 further directed that a true copy of such map and of this section shall be provided to the County Clerk and to the Office of the Ocean County Prosecutor.
The following additional matters are hereby determined, declared, recited and stated:
a.
It is understood that the map approved and adopted pursuant to this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and, that 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 that is, and continues to be used for school purposes.
3.
That such property is and continues to be used for school purposes.
4.
The location and boundaries of areas which are on, or within, 1,000 feet of such school property.
5.
The location of property that comprises a public housing facility, public park, or other public building within the municipality.
6.
The boundaries of the real property that is, and continues to be used for public housing facility, public park, or other public purpose.
7.
The location and boundaries of areas which are on, or within, 500 feet of such public property.
b.
A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of any offense defined in the statutes of this state, including the use of a map or diagram other than the one approved and adopted pursuant to this section. The failure of the map approved and adopted herein to depict the location and boundaries of any property which is, in fact, used for school purposes, or for public purposes, or 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, or public housing facility, public park, or other public purpose within the municipality.
c.
The municipal engineer has complied with the statutory requirements concerning the preparation, approval and adoption of a drug-free zone map.
The purpose of the within section is to prohibit individuals from exhibiting reptiles and exotic and wild animals on the boardwalk within the Borough of Point Pleasant Beach. Additionally, the section shall prohibit the presence of motor vehicles on the boardwalk area with certain stated exceptions. The section is adopted for the purpose of protecting the health, safety and welfare of residents and visitors to the Borough of Point Pleasant Beach.
That area of public right-of-way normally constructed of wood materials and lying between Ocean Avenue on the west and the Atlantic Ocean beach or certain limited established businesses on the east of said right-of-way. It shall also include all ramps and street-end areas leading to the boardwalk.
It shall be unlawful for anyone to possess a reptile or wild animal being but not limited to any live monkey (non-human primate), raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in a wild state. This prohibition is in addition to those regulations already adopted concerning dogs and other animals.
It shall be unlawful for any individual to operate or have in his or her possession a motor vehicle upon the boardwalk area within the Borough of Point Pleasant Beach. This prohibition shall not apply to emergency vehicles used in connection with police, fire or first aid purposes and also shall not apply where allowed by specific resolution of the governing body of the Borough of Point Pleasant Beach. Additionally, construction and maintenance equipment shall be allowed on the boardwalk with prior written authorization from the Borough engineer.
[1]
Former § 3-33, Regulations to Control Seasonal Rentals, previously codified herein was repealed by Ordinance No. 2011-21. See Chapter 27, Seasonal Rental Regulations.
The purpose of this section is to provide for the regulation of the manner of sale of obscene materials in the Borough of Point Pleasant Beach in accordance with the requirements of N.J.S.A. 2C:34-3.2.
As used in this section:
Any description, narrative account, display, depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interests on the area or activity.
Any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
A retailer shall not display or permit to be displayed at his business premises any obscene material as defined herein, at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
If any section, sentence or any other part of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this section but shall be confined in its effect to the section, sentence or other part of this section directly involved in the controversy in which such judgment shall have been rendered.
As that term is used in this section, self-contained toilet facilities that are not connected to municipal sewer or private septic systems.
[Ord. #1997-18, § 1; amended 12-9-2025 by Ord. No. 2025-34]
No person, firm or corporation shall hereafter place or install a portable toilet within the Borough of Point Pleasant Beach without first obtaining a permit, at a cost of $50, made on application to the Construction Official regarding construction work or the Zoning Officer for all other matters. Said applicant shall provide the following information as part of the permit application procedures:
Payment of any fee, fine, or penalty owed to the Borough of Point Pleasant Beach may be paid by personal check. The fee charged for any check returned to the Borough for "not sufficient funds" or any other reason shall be twenty ($20.00) dollars.
[Prior ordinance history includes portions of Ordinance No. 2000-13.]
[Ord. No. 2009-31]
a.
It is hereby declared and found that it is of vital importance to the traveling public that disabled vehicles, abandoned vehicles, vehicles damaged in accidents, illegally parked vehicles or vehicles in cases of emergency be removed from a highway, street or other public or private road or public or quasi-public parking area within the Borough of Point Pleasant Beach as promptly as possible. That the towing of such vehicles is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud and exorbitant rates and similar abuses.
b.
The purpose of this section is to establish, pursuant to N.J.S.A. 40:48-2.49, regulations governing the rates and operators engaged in no preference towing and storage services. Said services shall be provided under the supervision of the Chief of Police of the Borough of Point Pleasant Beach or his designee.
[Ord. No. 2009-31; Ord. No. 2016-07 § 1; amended 12-9-2025 by Ord. No. 2025-26]
a.
Basic towing service shall mean the towing of a vehicle or the removal and transportation of a vehicle from a highway, street, or other public or private land.
b.
Owner shall mean a person, firm, corporation or partnership who owns and/or operates or who is in possession of a motor vehicle on the roads and highways within the Borough of Point Pleasant Beach (Note: May include roads, highways, public and private property within the Borough.)
c.
Contractor shall mean a person, firm, corporation or partnership engaged in the business of providing towing, road serve and storage services for motor vehicles that has contracted with the Borough of Point Pleasant Beach.
d.
Inside building storage facility shall mean a motor vehicle storage facility that is completely indoors, having one or more openings or storage bins in the walls for the storage of motor vehicles.
e.
Impoundment shall mean the act of storing and confining a motor vehicle upon an order of the police department at either the operator's storage area or at a Borough facility as a result of abandonment, involvement in an accident, suspected criminal activity and any violation of the New Jersey Motor Vehicle Title 39 Statutes that the police may act upon.
f.
Winching shall mean the process of moving a motor vehicle by the use of a cable from a position that is not accessible for direct hook up by conventional means for loading onto a tow vehicle. Winching is not pulling a vehicle onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional tow sling.
g.
Light duty wrecker shall mean a tow truck with dual rear wheels capable of towing or wheel lifting vehicles. A light duty wrecker shall meet the following minimum standards:
h.
Flat bed shall mean vehicle carrier equipped with a wheel lift and roll back/tilt bed with dual wheels capable of removing and transporting small trucks, vans or large passenger cars damage-free. A flat bed shall meet the following minimum requirements:
i.
Service call shall mean repairs that can be performed at the scene of a tow, including, but not limited to, flat tire changing, jump starting and gasoline deliveries.
j.
Basic environmental clean-up shall mean the clean-up and removal of small quantities of fluids, associated with the operation of a motor vehicle, which leak onto the ground.
k.
Absorbent shall mean a granulated or powder substance used to soak up fluids commonly found in the operation of motor vehicles. A bag or container of absorbent will be defined as weighing 50 lbs.
l.
Storage day shall mean four hours past tow of a 24-hour day with a new day beginning at midnight.
m.
The Borough shall mean the Borough of Point Pleasant Beach.
n.
Person shall mean an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, an unincorporated organization, any other business entity, or a governmental entity (or any department, agency, or political subdivision thereof).
[Ord. No. 2009-31; amended 12-9-2025 by Ord. No. 2025-26]
a.
No towing operator shall operate within the Borough of Point Pleasant Beach for towing and/or storage services unless the towing operator has entered into a contract with the Borough. The contract shall require the Contractor to adhere to the requirements set forth in this section; it shall not constitute a procurement by the Borough as to any particular good or service. The contract form utilized and accepted for purposes of this section shall be approved by the Borough Attorney.
[Ord. No. 2009-31; Ord. No. 2016-07 § 2; amended 12-9-2025 by Ord. No. 2025-26]
a.
Any towing operator desiring to provide municipal towing services for the Township must file an application with the Borough, meeting the requirements of this section, and enter into a contract with the Borough.
b.
Contract Application. The contract application shall include:
1.
The complete legal business name, business address and principal location address.
2.
The complete home address, home telephone number, date of birth and social security number of the applicant, if a sole proprietorship, or the complete home addresses, home telephone numbers, dates of birth and social security numbers of principal officers and partners if the applicant is a corporation or partnership.
3.
Photocopies of all registrations of every tow vehicle to be operated by the applicant. If the tow vehicle is leased the applicant is required to submit a lease agreement.
4.
Names, addresses and telephone numbers of any lien holders on the principal location.
5.
Name, address and telephone number of the insurer and photocopies of each certificate of insurance.
6.
Photocopies of all towing vehicle operator's current driver's license, along with social security numbers.
7.
Evidence to demonstrate that the applicant applying for the license has at least five years experience in the field of towing and storage of vehicles.
8.
Proof that the applicant has a principal location and storage facility within a 20 minute normal traffic drive time from the Borough.
9.
Proof that the applicant's principal location and storage facility meet all zoning requirements.
10.
In addition to meeting all other criteria of this section and in order to be eligible for placement upon the rotating list of authorized municipal towing contractors, the contractor shall supply a certificate of insurance liability by a company licensed to do business in the State of New Jersey, certifying that the contractor maintains insurance of not less than one million ($1,000,000.00) dollars for each occurrence and a five million $5,000,000.00 dollar aggregate of insurance covering all perils associated with the following:
(a)
Auto and Garage.
(b)
On Hook Coverage.
(c)
Cargo insurance.
(d)
Garage Keepers Liability (not less than one hundred thousand ($100,000.00) dollars per vehicle).
(e)
Workman's Compensation (minimum legal requirements).
All insurance, including garage liability, garage keepers' and legal liability coverage shall name the Borough of Point Pleasant Beach, its officers, agents, and employees as additional insureds on the policy, shall hold them harmless and indemnify them from any and all claims filed against the Borough arising out of any act or failure to act on behalf of the contractor and shall contain an endorsement providing for 15 days' notice to the Borough in the event of any material changes of the policy or cancellation thereof.
11.
The applicant shall provide an affidavit that the information given in the application is true and correct.
12.
Applications will be processed according to the order in which the municipal clerk receives them.
c.
Contract and Fees.
1.
The Borough may secure a contract with those towing operators who filed applications with the Borough to provide municipal towing services for the Borough. The contract shall prohibit subcontracting by the towing operator.
2.
Not withstanding any fees issued for a mercantile license, a yearly municipal towing application fee of three hundred ($300.00) dollars shall be payable to the Borough.
3.
All towing contracts will be issued for a period of one year beginning January 1 of each year and expire on December 31. Applications for contract renewals are to be completed and returned to the municipal clerk by September 15 for the following calendar year.
4.
Subcontracting is prohibited and services cannot be assigned, leased shared, transferred or sold to another person, corporation or proprietorship under any circumstances.
5.
The contractor shall not represent that he is a servant, agent or employee of the Borough with respect to said towing service, but is an independent contractor and shall not hold himself out as an official member of the government of the Borough or of its departments. When the police chief or his designee has made a determination that a license should not be issued, the Borough administrator shall notify the applicant in writing, by certified mail return receipt requested, of such determination and shall advise the applicant that the applicant may request a hearing as to such determination by filing a written request with the municipal clerk within 10 days of the mailing of such determination by the police chief or his designee.
6.
Upon written notice of a hearing request, the Borough administrator shall schedule a hearing on at least 10 days' notice, but in no case more than 30 days' notice to the applicant by certified return requested mail, providing the applicant an opportunity to be heard concerning the action taken by the police chief or his designee. Following such hearing the police chief or his designee may affirm, reverse or modify such determination.
7.
The Borough Council shall designate the individual to serve as the hearing officer for any hearing pursuant to this section.
[Ord. No. 2009-31; amended 12-9-2025 by Ord. No. 2025-26]
a.
Applications for a contract hereunder "contract" shall be received by the Borough clerk shall be referred to the chief of police within two business days of receipt. The chief of police shall initiate an investigation to be made of the applicant and of its proposed business operation and shall perform inspections of contractor's vehicles.
b.
As part of the chief of police's investigation of the applicant, a criminal history check and driver's abstract will be performed on all persons listed in the application. Applicants agree to execute and provide any and all information waivers and authorizations that may be required by any municipal, county, State, Federal or private agency.
c.
The Borough recognizes that each towing operator must be trustworthy, in that it will be safeguarding vehicles belonging to others. Therefore, to protect the public interest, the Borough may disqualify any applicant wherein any person who has been convicted of a crime or is in violation of this section which crime or violation, in the sole and absolute discretion of the Borough, would indicate that the applicant may not be responsible to perform in the best interest of others.
d.
Each applicant shall notify the police department, in writing, of any criminal charges, motor vehicles offenses and violations that are issued against the applicant or its employees during the term of the contract. Such notification shall be made within five days of the charge, offense or violation occurring. The Borough in its sole discretion may cancel, revoke, or suspend the contract for failure to make the proper notification to the police department.
[Ord. No. 2009-31; Ord. No. 2016-07 § 3; amended 12-9-2025 by Ord. No. 2025-26]
Each wrecker must meet all of the requirements of N.J.S.A. Title 39 entitled "Motor Vehicles Rules and Regulations."
b.
The following safety equipment shall be carried on all towing trucks:
1.
Chains and tie downs to secure vehicle.
2.
Snatch block.
3.
Auxiliary safety light kit to be placed on rear of towed vehicle that does not have functioning tail light flashers.
4.
Rotating amber emergency lights mounted on top of truck. (State issued permit required and must be in truck.)
5.
Two white work lights facing from rear of truck.
6.
One shovel and broom.
7.
Fifty pounds of absorbent.
8.
Jumper cables or jump box.
9.
Steering wheel tie-down.
10.
Toolbox with assorted hand tools normally used to conduct emergency roadwork and towing.
11.
One reflector traffic vest.
12.
One five-pound A-B-C rated dry powder fire extinguisher.
13.
One flashlight.
c.
Tow Truck Lettering. All tow trucks operated by the contractor shall be permanently lettered on both sides in accordance with N.J.S.A. 39:4-46. All tow trucks shall display a sticker on the driver's side rear back glass that will be issued to a contractor by the Borough.
d.
Required Communications. Each contractor must maintain a 24-hour telephone service for the police to contact the contractor's personnel. The use of answering machines or the like is not permitted. Such personnel must have constant two-way communication, radio or cellular, with the contractor's vehicles. Each contractor shall maintain a FAX machine at his principal location and its service must be available 24 hours a day.
e.
Storage Facilities.
1.
Each contractor must have an impound yard within the Borough of Point Pleasant Beach.
2.
All cars stored under pursuant to this section shall be stored and protected with ordinary care to protect the vehicle from further damage. All vehicle storage shall be one level.
3.
The police department shall have access to any part of the storage area, 24 hours a day, seven days a week, for the purpose of inspection or investigation. Access, under this provision, means an emergency contact person must be available to the police department to provide entry to the storage area.
4.
Each contractor shall maintain the following hours for release of vehicles from storage - Monday through Friday 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 12:00 p.m. Each contractor may close during any and all New Jersey State Holidays. The contractor, or his designee, authorized to act on his/her behalf, must be available during normal business hours to handle complaints and business transactions.
5.
The contractor must provide an examination area for police examination of vehicles placed in the contractor's storage area. When requested by the police, the contractor will move, within a reasonable amount of time, any vehicle the police request to be examined.
f.
On the 15th day of each month, the contractor shall notify the police department, in writing, of all unclaimed vehicles that were towed under the Borough contract. The police department shall initiate action as set forth in N.J.S.A. 39:10A-1. If a vehicle remains unsold or unclaimed after the requirements are met in N.J.S.A. 39:10A-1, then the police department will turn over to the contractor a junk/salvage title. The contractor may then dispose of the vehicle and retain any payment he receives to cover the towing and storage expenses incurred. The Borough will not be responsible for the balance of any outstanding fees incurred during the towing, storage and administrative actions associated with the unclaimed vehicle.
[Ord. No. 2009-31; Ord. No. 2016-07 §§ 4, 5; amended 6-3-2025 by Ord. No. 2025-16; 12-9-2025 by Ord. No. 2025-26]
a.
In setting its rates and charges the undersigned shall adhere to the statutes, laws, rules and regulations of the United State of America, the State of New Jersey, the County of Ocean, and the Borough of Point Pleasant Beach, and, in no event will charge for any services other than those listed below. In addition the undersigned shall not charge an amount for services greater than set forth in the following fee schedule:
Towing: | ||
Local tow | $150.00 | |
Motorcycle/Scooter/Moped | $175.00 | |
With Dolly | Additional | $85.00 |
With Winch per hookup | Additional | $75.00 |
Service call (Between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday) | $65.00 | |
Service call (any other time of the day or night) | $75.00 | |
Lock outs (at all times) | (Up to) | $75.00 |
Yard Access Fee (For Insurance Co. Only) | $50.00 | |
Vehicle storage rates (per day) shall not exceed those fees permitted by N.J.S.A. 40:48-2.50. | ||
Administrative Fee | $35.00 | |
Cleanup | $35.00 | |
Hazmat (Speedy Dry) Cleanup | $40.00 | |
Crash Wrap | ||
Side Windows | ||
Windshield or Rear Window | $ 40.00 |
b.
Reserved.
[Reserved by Ord. No. 2016-07 § 5]
c.
If a tow truck is already on the scene and is cancelled, a cancellation fee of forty-five ($45.00) dollars may be charged. After business hours (9:00 a.m. to 5:00 p.m.), cancellation fee of up to forty-five ($45.00) dollars may be charged.
d.
Contractors may charge an additional fee not to exceed twenty-five ($25.00) dollars if a flat bed truck is necessary to tow a vehicle.
e.
In the event that there is a vehicle exceeding 10,000 pounds gross weight, then reasonable charges shall be based on time and material.
f.
Individuals wishing to release impounded vehicles prior to 8:00 a.m. and after 5:00 p.m. Monday through Friday and outside the contractor's working hours on weekends shall be required to pay an additional fifty-five ($60.00) dollars service call fee.
[Ord. No. 2009-31; Ord. No. 2016-07 § 6; amended 6-3-2025 by Ord. No. 2025-16]
a.
At all times the contractor and his employees will present a neat appearance and act in a professional and courteous manner when interacting with the public and the police. Operators and employees shall wear clothing bearing the contractor's name.
b.
No contractor shall employ directly or indirectly any officers of the police department.
c.
All towing vehicles shall be operated in accordance with all existing traffic regulations and statutes and in a safe and prudent manner. Tow vehicle operators must request police assistance whenever their activities will obstruct or impede traffic flow.
d.
The investigating police officer and/or supervisor at the accident scene shall maintain complete charge of the incident scene (excluding actual towing operations) and all tow operators shall comply with the officer's/supervisor's instructions.
e.
The contractor shall not violate any of the laws or regulations of the United States of America, the State of New Jersey, the County of Ocean, or the Borough of Point Pleasant Beach.
[Ord. No. 2009-31; Ord. No. 2016-07 § 7; amended 6-3-2025 by Ord. No. 2025-16]
a.
The chief of police shall investigate and keep a record of all complaints that are received regarding the provisions set forth in this section.
b.
The chief of police has the authority to suspend any services at any time for criminal activity, Title 39 violations, or any other violation(s) of this section. When a contractor is suspended, the chief of police shall forward a full report to the mayor and council within 15 business days after said suspension. If the contractor objects to the determination of the chief of police, the contractor may request a hearing before the mayor and council. The contractor must notify the Borough clerk in writing of a request for a hearing within 20 days of the suspension/termination notice issued by the chief of police.
c.
The chief of police, or his designee, shall oversee all the contractor's wreckers to ensure that they are kept in a safe condition. The chief of police, or his designee, may inspect any or all of the contractor's wreckers at any time. If at any time the chief of police finds the equipment inadequate or unsafe, the chief of police may demand immediate correction and suspend the services until such time as the violation is corrected.
d.
The chief of police is authorized and empowered to provide to Council additional rules and regulations as may be necessary and reasonable to govern the operation of towing services and storage facilities. Such rules and regulations shall become effective, pursuant to N.J.S.A. 40:48-2.49, when adopted by the Governing Body by ordinance.
[Ord. No. 2001-12 § 1]
The purpose of this section is to adopt rules and requirements for those individuals under the age of 16 years, operating scooters within the Borough of Point Pleasant Beach, to wear helmets in accordance with the requirements of N.J.S.A. 39:4-10.1 requiring the wearing of a properly-fitted and fastened bicycle helmet meeting the standards of the American National Standards Institute or the Snell Memorial Foundation 1990 Standard for Protective Head Gear for use in bicycling.
[Ord. No. 2001-12 § 2]
A scooter is hereby defined as a vehicle with two wheels attached by a platform not more than 10 inches above the riding surface, being propelled solely by the use of human power without pedals and containing a handlebar for steering.
[Ord. No. 2001-12 § 3]
This section requires individuals under the age of 16 years operating a scooter within the Borough of Point Pleasant Beach upon any public right-of-way or public recreation area to wear a properly-fitted and fastened bicycle helmet as hereinabove described.
[Ord. No. 2001-12 § 4]
Any person who violates the requirements of this section shall be warned of the violation by a police officer or other enforcement official. The parent or legal guardian of that person may also be fined a maximum of twenty-five ($25.00) dollars for the person's first offense and the maximum of one hundred ($100.00) dollars for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided for in this section for failure to wear a helmet may be waived if an offender or his parent or legal guardian presents simple proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred.
[Ord. No. 2003-08; amended 5-18-2021 by Ord. No. 2021-23; 7-5-2022 by Ord. No. 2022-15]
The buildings and grounds of the Borough Hall, Water Department and Public Works building, Pleasure Park, the Newark Avenue playground, the band shell area, the Little League ball fields, the gazebo on Arnold Avenue, Arnold Avenue from the easterly edge of Baltimore Avenue to the easterly end of Arnold Avenue, the oceanfront beaches, the inlet, the boardwalk, all public property, including all sidewalks and street ends, east of the westerly edge of Ocean Avenue, including all of Ocean Avenue and its sidewalks, Parkway, including all sidewalks from Boston Avenue to the easterly end of Parkway, the grounds of the public schools and the parking lots, including all privately owned parking lots, servicing these facilities are for the enjoyment and use of the public in a healthy and wholesome manner. The odors caused by persons who smoke and the litter caused by persons who improperly dispose of smoking materials on these properties significantly detract from the wholesome, healthy environment and reduce the enjoyment of these properties for those who want to enjoy the healthy and wholesome environment free of smoke-related pollution.
[Ord. No. 2003-08; Ord. No. 2017-28; amended 5-18-2021 by Ord. No. 2021-23; 7-5-2022 by Ord. No. 2022-15]
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, including any device used to deliver any cannabis product.
Any private parking lot servicing the public facilities defined above where the owner choses to ban smoking or where smoking in the private parking lot results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited.
The public facilities covered under the within section include the entire buildings and grounds of the Borough Hall, Water Department and Public Works building; Pleasure Park; the Newark Avenue playground; the band shell area; the Little League ball fields; the gazebo on Arnold Avenue and adjacent skateboard park; Arnold Avenue from the easterly edge of Baltimore Avenue to the easterly end of Arnold Avenue; the oceanfront beaches; the inlet; the boardwalk; all public property, including all sidewalks and street ends, east of the westerly edge of Ocean Avenue, including all of Ocean Avenue and its sidewalks; Parkway, including all sidewalks from Boston Avenue to the easterly end of Parkway; the grounds of the public schools; all parking lots, including all privately owned parking lots, servicing any of the above-described facilities under the control of the Point Pleasant Beach Board of Education. The facilities covered shall include any and all parking areas servicing any of these facilities.
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or cannabis, or any other matter that can be smoked or inhaled, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Ord. No. 2003-08; Ord. No. 2017-28; amended 5-18-2021 by Ord. No. 2021-23; 7-5-2022 by Ord. No. 2022-15]
Smoking is prohibited in, on, or under the entire buildings and grounds of the Borough Hall, Water Department and Public Works building; Pleasure Park; the Newark Avenue playground; the band shell area; the Little League ball fields; the gazebo on Arnold Avenue and adjacent skateboard park; Arnold Avenue from the easterly edge of Baltimore Avenue to the easterly end of Arnold Avenue; the oceanfront beaches; the inlet; the boardwalk; all public property, including all sidewalks and street ends, east of the westerly edge of Ocean Avenue, including all of Ocean Avenue and its sidewalks; Parkway, including all sidewalks from Boston Avenue to the easterly end of Parkway; the grounds of the public schools; all parking lots, including all privately owned parking lots, servicing any of the above-described facilities.
[Ord. No. 2003-08; amended 5-18-2021 by Ord. No. 2021-23]
The Point Pleasant Beach Board of Education prohibits smoking anywhere in its buildings or on its grounds except as part of the classroom instruction or theatrical production. The Board of Education regulations also provide for additional specified limitations regarding smoking on school grounds as designated in the particular schools. A violation of the school district regulations shall also be a violation of this section. The Superintendent of the school district, or his designee or any other person having control of school property or any agent thereof or a police officer or other public servant engaged in the execution or enforcement of this section or any other citizen, may sign a complaint against any individual for violation of the provisions affecting school properties.
[Ord. No. 2003-08; amended 5-18-2021 by Ord. No. 2021-23]
Notice of the smoking prohibition provided for in the within section shall be conspicuously posted by a sign indicating "No Smoking" or the international "No Smoking" symbol.
[Ord. No. 2003-08; Ord. No. 2017-28; amended 5-18-2021 by Ord. No. 2021-23]
Any person who violates this section shall be guilty of a petty disorderly persons offense and subject to a $200 fine pursuant to N.J.S.A. 2C:33-13.
No person or persons shall feed, cause to be fed or provide food for migratory or resident fowl in the Borough of Point Pleasant Beach on public or private property.
This section shall not be construed to prohibit humane acts toward waterfowl in individual cases, such as temporary nurturing of a wounded bird on a person's own property.
No person or persons shall abandon, leave or discard of any water-fowl upon public or private property in the Borough of Point Pleasant Beach.
The Point Pleasant Beach police department, the code enforcement department and the board of health are authorized as directed to enforce the provisions of this section.
The purpose of this section is to prohibit the feeding of unconfined wildlife, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
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 section 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.
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
Any individual, corporation, company, partnership, firm or association.
All animals that are not domesticated.
No person shall feed, on public or private property, any wildlife in the Borough of Point Pleasant Beach.
This section shall be enforced by the Point Pleasant Beach Police Department and/or other municipal officials.
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in Borough of Point Pleasant Beach, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
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 section 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.
That the pet solid waste is removed at once, without delay.
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.
Any individual, corporation, company, partnership, firm or association.
A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
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 designed to convey domestic sewage for proper treatment and disposal.
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.
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.
The provisions of this section shall be enforced by the Point Pleasant Beach Police Department or other municipal officials.
On roadways where traffic at intersections is controlled by a traffic control signal or by traffic or police officers, pedestrians shall not cross the roadway against the "stop" signal unless otherwise specifically directed to go by a traffic or police officer or official traffic control device. Where traffic is not controlled and directed by either a police officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a crosswalk, and where not otherwise prohibited, at right angles to the roadway. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
At intersections where traffic is directed by a police officer or traffic signal, no pedestrian shall enter upon or cross the roadway at a point other than a crosswalk.
a.
The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within an unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by municipal, county or State regulation.
b.
The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.
c.
No pedestrian shall leave a curb or other place of safety or walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.
d.
Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
e.
Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
f.
Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
a.
For violation of any provision of this section, the fine shall not exceed five hundred ($500.00) dollars nor be less than one hundred ($100.00) dollars.
b.
Where a summons is issued to an individual for violating this section, the issuing officer may, at the issuing officer's discretion and at the time the summons is issued, classify the summons as a payable offense. Should the issuing officer designate the summons as a payable offense, no mandatory court appearance shall be required for the violator.
c.
In designating the violation of this section as a payable offense, the municipal court is hereby authorized to include a violation of this section on the "Local Supplemental Violations Bureau Schedule" pursuant to R. 7:12-4(c) of the New Jersey Court Rules.
[Amended 8-15-2023 by Ord. No. 2023-11]
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:7-2, and who as a result of said conviction is required to register with the proper authorities to 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 1,000 feet of any school, park, playground, boardwalk amusements, day care center or library in the Borough of Point Pleasant Beach.
b.
A person who resides or lives within 1,000 feet of any school, park, playground, boardwalk amusements, day care center or library in the Borough of Point Pleasant Beach shall have sixty (60) days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location which is in compliance with this section within that time period 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.
a.
Irrespective of payment method, each operator of a motel/hotel shall obtain and maintain any and all registrations of guests as required by the laws of the State of New Jersey pursuant to N.J.S.A. 29:4-1 et seq., and shall permit inspection of said register by any peace officer. The register for each guest registrant and guest of each rooming unit shall be maintained from the time the guest registrant initially registers for the room through and including the 60th day after the date the guest terminates his/her stay at the motel/hotel. The operator shall advise the guest registrant that no room shall be rented unless the registration is completed pursuant to this section. The operator of each motel/hotel shall post, in close proximity to the registration desk, a notice advising the guest registrant and guests of the requirements pursuant to this section.
b.
In addition to any other information required by law to be kept in said register, the register shall show the date of arrival, the room assigned and the make and license number of any motor vehicle brought to the motel/hotel by the guest registrant.
c.
Irrespective of payment method, the register shall also show the following information:
1.
The name of each guest of each rooming unit;
2.
The principal address of each such guest;
3.
The date upon which the occupancy by the registered guest of such unit commenced;
4.
The identification number from a legal form of identification, such as a valid driver's license, a federal or state government or a military identification card, a passport or any other form of valid governmental identification containing the photograph of the one presenting the identification for the guest registrant; should the guest registrant be unable to produce photograph identification from a valid governmental identification, the guest registrant shall produce a valid governmental identification without a photograph along with another form of valid identification, with or without a photograph, such as another governmental identification, major credit card, employee identification card, student identification card, or automobile registration card.
5.
The age of each guest; and
6.
The make, model and license number of any motor vehicle brought to the motel/hotel by the guests of each unit.
d.
No person under the age of 18 shall be permitted to rent a unit without having permission from a parent or legal guardian at the time the room is rented. At the time of registration, the minor shall present proof of parental consent. The parental consent, if written, must include the parent's name and telephone number. The registration information for a guest under the age of 18 shall contain the identification number from a legal form of identification as set forth in paragraph c above of the parent authorizing the registration.
e.
1.
It is unlawful for an operator of a motel/hotel to fail to require identification of the guest registrant; to fail to retain the information as required above; or to refuse to provide such information to a peace officer; provided, however, that any duty required under this section terminates on and after the 60th day following the date the guest registrant vacates the motel/hotel.
2.
It shall be an affirmative defense to an alleged violation of this section for an operator of a motel/hotel to show, by a preponderance of the evidence, that the operator has established a protocol or procedure utilized to obtain the information required of by this section, and has implemented that protocol or procedure.
f.
The operator shall not rent any room for more than 14 consecutive days to the same guest registrant. Upon the expiration of that 14 day period, in order for the guest registrant to extend his/her stay, the operator will be required to complete a new registration by obtaining the required information directly from the guest registrant.
g.
Any person, firm or corporation violating the terms of this section shall be subject to the following penalties.
1.
Any person, firm or corporation who shall be found guilty of violating any provision of this section shall, for each offense, be fined a sum of not more than three hundred ($300.00) dollars, or be imprisoned for a period not exceeding 60 days, or both.
2.
Any person, firm or corporation who shall be found guilty of violating any provision of this section for a second time within a six month period, shall, for each offense, be fined a sum of not less than five hundred ($500.00) dollars, or be imprisoned for a period not exceeding 90 days, or both.
The purpose of the within section is to provide for a uniform policy for the removal and care of trees, plants and other vegetation located on Borough property.
a.
It shall be illegal for anyone to cut, remove, or otherwise hinder the growth of any trees, plants or other vegetation located on Borough property.
b.
It shall be illegal for anyone to treat with herbicides, whether chemically or naturally based, any trees, plants or other vegetation located on Borough property.
c.
The removal and care of trees, plants or other vegetation located on Borough property shall be the responsibility of the Borough unless otherwise addressed in section 3-24 Removal and Planting of Trees or any other enacted section of the Borough Code; or upon permission granted by the governing body.
Pursuant to the Act, a business establishment or any portion of nonprofit entity devoted to the selling and serving of alcoholic beverages for public consumption, whether or not it is accompanied by food.
The Borough of Point Pleasant Beach.
A floored roofless structure adjacent to a covered structure.
Pursuant to the Act, a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned, whether operated for-profit or nonprofit and which is generally accessible to the public.
An area akin to a deck and inclusive of bar area serving alcoholic and non-alcoholic beverages.
Pursuant to the Act, the burning, inhaling, exhaling or possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked.
Consistent with the New Jersey Smoke Free Air Act which bans smoking in all enclosed indoor places of public access and workplaces, the Borough has deemed it to be in the public interest to prohibit smoking in all indoor public places of public access and workplaces, including, but not limited to, restaurants, clubs, and bars.
Consistent with the New Jersey Smoke Free Air Act, this section specifically exempts open air bars and decks attached to indoor public places from enforcement of the smoking ban.
The Borough of Point Pleasant Beach adopts this sensitive information policy to help protect employees, customers, contractors and the Borough from damages related to the loss or misuse of sensitive information.
b.
This policy enables the Borough to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the Borough from fraudulent new accounts. The program will help the Borough:
1.
Identify risks that signify potentially fraudulent activity within new or existing covered accounts;
2.
Detect risks when they occur in covered accounts;
3.
Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and
4.
Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program.
This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the Borough, including all personnel affiliated with third parties.
a.
Sensitive Information Policy.
1.
Definition of sensitive information: Sensitive information includes the following items whether stored in electronic or printed format:
(d)
Cafeteria plan check requests and associated paperwork
(g)
Borough personnel are encouraged to use common sense judgment in securing confidential information to the proper extent. Furthermore, this section should be read in conjunction with the Open Public Records Act. If an employee is uncertain of the sensitivity of a particular piece of information, the employee should contact their supervisor. In the event that the Borough cannot resolve a conflict between this policy and the Open Public Records Act, the Borough will contact the Government Records Council.
b.
Hard Copy Distribution. Each employee and contractor performing work for the Borough will comply with the following policies:
1.
File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use.
2.
Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday or when unsupervised.
3.
Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use.
4.
Whiteboards, dry-erase boards, writing tablets, etc., in common shared work areas will be erased, removed, or shredded when not in use.
5.
When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or Department of Defense (DOD)-approved shredding device. Locked shred bins are labeled "Confidential paper shredding and recycling." Borough records, however, may only be destroyed in accordance with the city's records retention policy.
c.
Electronic Distribution. Each employee and contractor performing work for the Borough of Point Pleasant Beach will comply with the following policies:
1.
Internally, sensitive information may be transmitted using approved e-mail. All sensitive information must be encrypted when stored in an electronic format.
2.
Any sensitive information sent externally must be encrypted and password protected and only to approved recipients. Additionally, a statement such as this should be included in the e-mail:
"This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited."
If the Borough maintains certain covered accounts pursuant to Federal legislation, the Borough may include the additional program details.
a.
Covered Accounts. A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program:
1.
Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft; or
2.
Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety or soundness of the Borough of Point Pleasant Beach from identity theft, including financial, operational, compliance, reputation, or litigation risks.
b.
Red Flags.
1.
The following red flags are potential indicators of fraud. Any time a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification.
(a)
Alerts, notifications or warnings from a consumer reporting agency;
(b)
A fraud or active duty alert included with a consumer report;
(c)
A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or
(d)
A notice of address discrepancy from a consumer reporting agency as defined in § 334.82(b) of the Fairness and Accuracy in Credit Transactions Act.
2.
Red flags also include consumer reports that indicate a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
(a)
A recent and significant increase in the volume of inquiries;
(b)
An unusual number of recently established credit relationships;
(c)
A material change in the use of credit, especially with respect to recently established credit relationships; or
(d)
An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
c.
Suspicious Documents.
1.
Documents provided for identification that appear to have been altered or forged.
2.
The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
3.
Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
4.
Other information on the identification is not consistent with readily accessible information that is on file with the municipality, such as a signature card or a recent check.
5.
An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
d.
Suspicious Personal Identifying Information.
1.
Personal identifying information provided is inconsistent when compared against external information sources used by the municipality. For example:
(a)
The address does not match any address in the consumer report;
(b)
The Social Security Number (SSN) has not been issued or is listed on the Social Security Administration's Death Master File; or
(c)
Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.
2.
Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the Borough. For example, the address on an application is the same as the address provided on a fraudulent application.
3.
Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the municipality. For example:
4.
The SSN provided is the same as that submitted by other persons opening an account or other customers.
5.
The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts.
6.
The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
7.
Personal identifying information provided is not consistent with personal identifying information that is on file with the Borough.
8.
When using security questions (mother's maiden name, pet's name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
e.
Unusual Use of, or Suspicious Activity Related to, the Covered Account.
1.
Shortly following the notice of a change of address for a covered account, the Borough receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account.
2.
A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but no subsequent payments.
4.
A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
5.
Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's covered account.
6.
The Borough is notified that the customer is not receiving paper account statements.
7.
The Borough is notified of unauthorized charges or transactions in connection with a customer's covered account.
8.
The Borough receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the Borough.
9.
The Borough is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.
a.
Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the Borough from damages and loss.
1.
Once potentially fraudulent activity is detected, gather all related documentation and write a description of the situation. Present this information to the designated authority for determination.
2.
The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic.
b.
If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:
a.
At periodic intervals established in the program, or as required, the program will be re-evaluated to determine whether all aspects of the program are up to date and applicable in the current business environment.
b.
Periodic reviews will include an assessment of which accounts are covered by the program.
c.
As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate.
d.
Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the Borough and its customers.
a.
Involvement of Management.
1.
The Identity Theft Prevention Program shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention.
2.
The Identity Theft Prevention Program is the responsibility of the governing body. Approval of the initial plan must be appropriately documented and maintained.
3.
Operational responsibility of the program is delegated to Borough administrator.
b.
Staff Training.
1.
Staff training shall be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the Borough or its customers.
2.
Borough administrator is responsible for ensuring identity theft training for all requisite employees and contractors.
3.
Employees must receive annual training in all elements of this policy.
4.
To ensure maximum effectiveness, employees may continue to receive additional training as changes to the program are made.
c.
Oversight of Service Provider Arrangements.
1.
It is the responsibility of the Borough to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
2.
A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements.
3.
Any specific requirements should be specifically addressed in the appropriate contract arrangements.
a.
The Borough of Point Pleasant Beach hereby determines to install and utilize a traffic control signal monitoring system (system) at various intersections within the Borough of Point Pleasant Beach as approved by the Commissioner of Transportation pursuant to the Act (P.L. 2007, Ch. 348).
b.
The system to be installed shall be approved by the governing body by resolution.
c.
The Borough of Point Pleasant Beach shall have the authority to enter into a contract, following a lawful procurement process, for the installation of the system. Any contract that shall contain provisions contrary to the Act shall not be deemed invalid but rather reformed to conform to the Act.
d.
The signs notifying drivers that a system is being utilized shall be approved by the municipal engineer, and shall be placed on each street converging into the affected intersection as required by the Act.
e.
The municipal engineer shall inspect and certify the system at least once every six months from the date of its installation.
The Police Department of the Borough of Point Pleasant Beach shall review the recorded images produced by the system to determine whether sufficient evidence exists demonstrating that a traffic control signal violation has occurred and shall issue a summons when appropriate in accordance with the rules of the court.
a.
Except as otherwise provided in this section, the recorded images produced by the system shall be available for the exclusive use of the police department for the purpose of discharging his or her duties under P.L. 2007, Ch. 348.
b.
Any recorded images or information produced in connection with the System shall not be deemed a public record under N.J.S.A. 47:1A-1 et seq., or common law. The recorded images shall not be: (i) discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, or (ii) offered as evidence in any civil or administrative proceeding not directly related to a traffic control signal violation.
c.
Any recorded image or information collected in connection with a traffic control signal violation shall not be retained after 60 days following the collection of any fine or penalty.
d.
If a summons is not issued within 40 business days following the traffic control signal violation, all recorded images and any information collected with respect to the traffic control signal violation shall be removed by the police department within two business days.
e.
The Borough of Point Pleasant Beach shall certify compliance of this section by filing a report with the Commissioner of Transportation in accordance with the Act.
The liability of the owner and operator of a motor vehicle for a traffic control signal violation summons pursuant to the system shall be joint subject to provisions of the Act.
Any person liable for a traffic control signal violation, pursuant to this section and the Act, utilizing the system shall be subject to the following fines:
Violation | $ 85.00 |
Late Fee | $ 25.00 |
[Ord. No. 2017-18]
It is the purpose and intent of this section to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to other aircraft in flight, and to persons and property on the ground. This section is not intended to conflict with or preempt Federal Aviation Administration (FAA) regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA's enforcement capabilities.
[Ord. No. 2017-18]
The following words, phrases and terms as used in this section shall have the meanings indicated as follows:
To pilot, steer, direct, control, fly or manage an unmanned aircraft or unmanned aircraft system through the air or on the ground. The word "avigate" includes managing or initiating any elements of an unmanned aircraft system.
The person appointed pursuant to § 2-24 and having the powers set forth in the Borough Code.
An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.
The Federal Aviation Administration.
An unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
Real property and structures owned or leased by the Borough including, without limitation, parks, playgrounds, streets, sidewalks, other right of ways, buildings, docks, boardwalks and beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.
A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.
A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.
Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment and payload.
Any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury to any person or damage to any property, including, but not limited to, firing a bullet, projectile or laser.
[Ord. No. 2017-18]
a.
Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to takeoff from or land on or upon, except in an emergency, any public property except as specifically provided in 3-50.4 below.
b.
Any person who operates or causes to be operated any UA/UAS, within the limits of the Borough of Point Pleasant Beach, must be able to present, immediately upon request by any Point Pleasant Beach Police Officer or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS, together with a remote pilot certificate where the use of the UA/UAS requires such a certificate under 14 CFR Part 107.
c.
It shall be unlawful for any person to avigate any UA/UAS in the air, on the ground or on the water:
1.
In a careless or reckless manner so as to endanger the life or property of another;
2.
In violation of any notice to airmen or any temporary or permanent flight restriction issued by the FAA pursuant to 14 CFR 91, as amended;
3.
In violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 CFR Part 101 and 14 CFR Part 107; or
4.
In a manner that interferes with law enforcement, firefighting, or any government emergency operations.
d.
It shall be unlawful for any person to avigate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary "No Fly Zone" by the Borough Administrator. When a "No Fly Zone" is established, the Borough Administrator shall post notice of same on the official Point Pleasant Beach website and on the public announcement board located in the Municipal Complex at 416 New Jersey Avenue or wherever it shall be located, and shall also post warning signs in the vicinity of the "No Fly Zone."
e.
It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying a public school in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority or his or her designee or equivalent school authority.
f.
It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.
g.
It shall be unlawful for any person to avigate any UA/UAS that is equipped with a firearm or other weapon.
h.
It shall be unlawful for any person to avigate any UA/UAS carrying pyrotechnic devices that explode or burn or any device which propels a projectile or drops any object that creates a hazard to persons or property.
i.
It shall be unlawful for any person to avigate any UA/UAS with metal-blade propellers or with gaseous boosts.
[Ord. No. 2017-18]
a.
It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon the oceanfront boardwalk and public beaches November 1st to March 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.
b.
It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any private river, ocean, lake or other beach with the permission of the owner from April 1st to October 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.
c.
It shall be lawful for any law enforcement agency or emergency services organization of or servicing the Borough of Point Pleasant Beach, the County of Ocean, the State of New Jersey, or the United States government to avigate any UA/UAS from or on or upon any public property provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 CFR Part 107, including aircraft and pilot requirements, or has obtained a blanket public Certificate of Waiver or Authorization (COA), or is otherwise authorized by State or Federal law.
d.
It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any public property at any time of the year provided that the Borough Administrator has issued a written waiver after determining that the flight can be conducted in conformance to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including, without limitation, the operating rules and remote pilot certification rules, and in a manner that will not cause unreasonable risk of endangering the life or property of another.
[Ord. No. 2017-18]
a.
Specific Flight Operations Authorized by the FAA - Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate any UA/UAS in Borough of Point Pleasant Beach airspace, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other FAA grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the FAA.
b.
Operations prohibited by the FAA - Clarification. Nothing in this section shall be construed to authorize the operation of any UA/UAS in Borough of Point Pleasant Beach airspace in violation of any Federal statute or rules promulgated thereunder, including, but not limited to, any temporary flight restrictions or notices to airmen issued by the FAA.
[Ord. No. 2017-18; ; amended 8-15-2023 by Ord. No. 2023-11]
a.
The Point Pleasant Beach Police Department and Division of Code Enforcement are charged with enforcing this section.
c.
Enforcement actions for violations of this section shall be reported to the FAA by the local enforcing agency in accordance with the FAA's "Law Enforcement Guidance for Suspected Unauthorized Operations."
[Added 5-15-2018 by Ord. No. 2018-08]
a. BAIT BUSINESS or STORE FOOD SERVICE ESTABLISHMENT GARMENT BAG GOODS AND PRODUCTS PRODUCE BAG or PRODUCT BAG RETAIL REUSABLE BAG SINGLE-USE PLASTIC CARRYOUT BAG
Definitions. The following words, phrases and terms, as used in this section, are hereby defined for the purpose thereof as follows:
Any live or previously live and now frozen substance used to attract and catch fish or crabs on the end of a fishing hook or inside a bait trap.
Any retail establishment that engages in the retail sale of goods and products. The definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, surf shops, food marts, and food service establishments.
Any establishment which serves made-to-order food for dine-in, takeout, or delivery.
A large, zippered bag incorporating a hanger on which garments may be hung to prevent wrinkling during travel or storage and used to protect and transport clothing or other textiles.
Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, diary, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
Any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
The sale of goods and products for use and/or consumption.
A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine-washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mil thick if made from plastic, has a minimum lifetime of 75 uses, and is capable of carrying a minimum of 18 pounds.
A bag, sheet, or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the check-out stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term "single-use plastic carryout bag" does not include reusable bags, produce bags, product bags, or garment bags.
b.
Regulations. No business or store shall provide any single-use plastic carryout bags and/or plastic straws to a customer at the check stand, cash register, point of sale, or other point of departure for use or for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this chapter.
[Amended 8-6-2019 by Ord. No. 2019-11]
c.
Exception. Single-use plastic carryout bags may be used by businesses or stores to sell bait.
[Added 9-18-2018 by Ord. No. 2018-17]
a.
Release of balloons prohibited; exceptions. It shall be unlawful for any person or entity to intentionally release, organize the release of, or intentionally cause to be released balloons inflated with gas that is lighter-than-air within the limits of the Borough of Point Pleasant Beach, except for:
[Added 12-3-2019 by Ord. No. 2019-17]
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 10 years of age and under must have a responsible adult present.
4.
All bicycles; scooters; motorized vehicles of any kind; and skateboards with wheelbases longer than 20 inches are prohibited.
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.
12.
The skate park is a skate-at-your-own-risk facility, designed for skateboarding and in-line skating only. The skate park will not be supervised. Users will skate at their own risk.
13.
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.
14.
The skate park shall have a sign indicating a maximum of 13 users or such lesser number as shall be indicated by the Borough’s insurance carrier.
[Amended 8-18-2020 by Ord. No. 2020-15]
15.
As directed by the Borough Department of Public Works, skaters will be asked to leave the park for a brief cleaning. Once cleaning is completed, skaters may return to the park.
[Added 8-18-2020 by Ord. No. 2020-15]
16.
The skate park shall have signs requiring the wearing of safety equipment, including helmets and elbow and knee pads.
[Added 8-18-2020 by Ord. No. 2020-15]
17.
All skaters shall be required to obtain a free permit to use the skate park from the Borough Recreation Department. All permittees will be issued a numbered decal for their helmet. This decal must be displayed at all times while using the skate park. The helmet decal will contain no other information specific to the permit holder except the number assigned. Lost decals will be replaced for a fee of $10.
[Added 8-18-2020 by Ord. No. 2020-15]
18.
A skater’s permit may be revoked for the commission of any unlawful act prohibited by the laws of the State of New Jersey or any act contrary to any regulation of the Borough regarding the use of the skate park.
[Added 8-18-2020 by Ord. No. 2020-15]
19.
The Borough Administrator shall serve as the hearing officer for any revocation of a skate park permit. A person whose permit is revoked may appeal the revocation and seek a hearing by requesting same in writing within 10 days of the receipt of the notice of revocation. The Administrator’s action after the hearing shall be deemed the Borough’s final action.
[Added 8-18-2020 by Ord. No. 2020-15]
b.
The following rules and regulations shall only be in effect during the current public health emergency, and any future public health emergency, as determined by the Point Pleasant Beach Office of Emergency Management.
[Added 8-18-2020 by Ord. No. 2020-15]
Any person(s) who is (are) found to be in violation of the provisions of this section shall be subject to expulsion from this facility, a fine of $50 for the first offense, and a fine not to exceed $300 for subsequent offenses, and/or temporary revocation of privileges for its use for a period no less than seven days and no more than 30 days, as determined by the Borough of Point Pleasant Beach Police Department. Failure to wear a helmet will result in a fine of $50 for a first offense and a fine not to exceed $200 for subsequent offenses. All other applicable Borough ordinances and fines will be strictly enforced.
This section shall be enforced by the Police Department of the Borough of Point Pleasant Beach. Notice of these rules shall be placed at the main entrance into the skating area.
a.
The skate park is open seven days a week from 8:00 a.m. to dusk. No trespassing when park is closed.
[Amended 8-18-2020 by Ord. No. 2020-15]
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, or the Chief of Police or his designee.
d.
The Borough of Point Pleasant Beach Police 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 Beach 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.
a.
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.
b.
All persons entering the skate park are deemed to have agreed to indemnify, defend, and hold harmless the Borough of Point Pleasant Beach, 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.
[Added 5-4-2021 by Ord. No. 2021-20]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in Point Pleasant Beach, except for the delivery of cannabis items and related supplies by a delivery service. This prohibition shall also apply in those parts of Point Pleasant Beach under the jurisdiction and authority of any independent state agency, commission or authority, notwithstanding any state law to the contrary.