[2000 Code § 7:2-1]
It has been found and determined that:
a.
The making and creation of excessive or unusually loud noises within
the limits of the Borough is a condition which has existed for some
time and the extent and volume of such noises are increasing.
b.
The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and
unnatural in their time, place and use, affect, and are a detriment
to the public health, comfort, convenience, safety, welfare and prosperity
of the residents of the Borough.
c.
The necessity in the public interest, for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative
determination and public policy. It is further declared that the provisions
and prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of securing the promotion of the public health,
comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the Borough and its inhabitants.
[2000 Code § 7:2-2]
It shall be unlawful for any person to make, continue to make,
permit, or cause to be made or continued, any loud, excessive, unnecessary
or unusually loud noise, or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others or any noise which any Police Officer in the exercise of
good judgment and discretion, reasonably determines to be unreasonable
due to the nature of the noise, the circumstances under which the
noise is made or maintained and the time of day, within the Borough
of Avalon. Furthermore, it shall be unlawful for any person who has
custody and control of the premises to allow or permit another person
to make, continue, or cause to be made or continued, any loud, excessive,
unnecessary or unusually loud noise, or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of others, or any noise which any Police Officer in the
exercise of good judgment and discretion, reasonably determines to
be unreasonable due to the nature of the noise, the circumstances
under which the noise is made or maintained and the time of day, within
the Borough of Avalon.
[2000 Code § 7:2-3]
For the purpose of this section, the following persons shall
be presumed to be in custody and control:
a.
An individual owner or owners where the premises are owner occupied.
b.
The tenant where the premises are leased.
c.
A manager of a rooming house or boarding house.
d.
An individual reasonably determined to be in the care, custody or
control of the premises in the absence of the owner, tenant(s) or
manager.
[2000 Code § 7:2-4]
As used in this section:
shall mean a specific dwelling unit. Accordingly, by way
of example: An owner of a duplex who occupies one unit shall not be
presumed to be in custody and control of the remaining unit.
[2000 Code § 7:2-5; Ord. No. 655-2012]
Prohibited noises include, but are not limited to, the following:
a.
Horns; Signaling Devices. The sounding of any horn or signaling device
on any automobile, motorcycle, streetcar or other vehicle which is
unreasonably loud or harsh; sounds for an unnecessary and/or unreasonable
period of time; is not operated by hand or electricity; is operated
by engine exhaust; or is used when traffic is stopped or slowed for
any reason, on any street or public place of the Borough, or upon
private property if such sounding is likely to disturb the public
at large, except as a danger warning.
b.
Radios; Sound Reproduction Equipment. Using, operating or permitting
to be played, used or operated any device or musical instrument or
any other device that emits any music or voice sounds which is capable
of receiving, transmitting, producing or reproducing sound, in such
manner which is likely to disturb the peace, quiet and comfort of
the neighboring inhabitants or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in control of the device or instrument and/or the voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this subsection.
c.
Loudspeakers; Amplifiers for Advertising. The using, operating or
permitting to be played, used, or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
d.
Yelling; Shouting. Yelling, shouting, hooting, whistling, or singing
on the public streets at any time or place so as to annoy or disturb
the quiet, comfort, or repose of persons in any office, or in any
dwelling, hotel or other type of residence, or of any persons in the
vicinity.
e.
Animals; Birds. The keeping of any animal or bird which, by causing
frequent or long-continued noise, shall disturb the comfort or repose
of any persons in the vicinity.
f.
Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat, or motor
vehicle except through a muffler or other device which shall effectively
prevent loud or explosive noises therefrom.
g.
Defect in Vehicle. The use of any automobile, motorcycle, or vehicle
so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
h.
Loading; Unloading; Opening Boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
i.
Construction and Repairing of Buildings and Structures; Demolition;
Times when Restricted or Prohibited; Emergencies; Exceptions.
[Amended 1-23-2019 by Ord. No. 782; 1-8-2020 by Ord. No. 796-2020]
1.
All construction-related noise, that is, noise that is related to
or arising from any of the following activities:
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•
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The demolition, construction, alteration, or repair or any building
or structure;
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•
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Any excavation work conducted in relation to demolition, construction,
alteration, or repair of any building or structure;
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•
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The mobilization and demobilization of all construction equipment,
including the movement of such equipment on or about the construction
site and the operation of power tools and equipment;
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•
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The delivery, removal, cleaning or other servicing of dumpsters
at the construction site;
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•
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The loading and unloading of dumpsters with construction materials
and debris;
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shall be permitted only on such days and during hours and during
such time periods as specified below:
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Activity
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Off-Season
|
In-Season
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|---|---|---|
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[Monday after the second Sunday in September through the Sunday
before the third Monday in June]
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[From the third Monday in June through and including the second
Sunday in September]
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Building and construction activity - inclusive of site work involving landscape construction but excluding routine landscape maintenance (see Chapter 20) (hereafter "construction"):
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Monday through Friday
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7:00 a.m. to 7:00 p.m.
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8:00 a.m. to 5:00 p.m.
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Saturday
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8:00 a.m. to 5:00 p.m.
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8:00 a.m. to 5:00 p.m., except 8:00 a.m. to 4:00 p.m. in July
and August
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Sunday
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9:00 a.m. to 5:00 p.m.
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No construction activity
|
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Prohibited work on Saturday - July and August only
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Not applicable
|
Prohibited work:
By a licensed contractor or other person or nonowner:
Any and all exterior work of any kind, including the exterior
use of any equipment for either interior or exterior work, and any
and all construction-related work of any kind, nature, or description,
including, but not limited to, rough framing; roofing; exterior siding
and trim; cutting of masonry materials; and the use of any equipment
related to the installation of cement or plaster materials. Only interior
activity is permitted. [Landscape maintenance is exempt from this
prohibition.]
|
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Holidays
|
Construction prohibited on:
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Construction prohibited on:
|
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Easter Sunday
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Memorial Day*
|
July 4*
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Thanksgiving Day only
|
Labor Day*
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Christmas Day only
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*If this holiday falls on a Tuesday, Wednesday,
or Thursday, construction is prohibited on the holiday only. If it
falls on Friday, construction is prohibited from Friday through Sunday.
If it falls on Monday, construction is prohibited Saturday through
Monday.
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Other prohibited or restricted work or activity:
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Demolition of buildings and other structures:
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Monday through Friday
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7:00 a.m. to 7:00 p.m.
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Demolition is prohibited between July 1 and Labor Day
|
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Saturday
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8:00 a.m. to 5:00 p.m.
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Sunday
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9:00 a.m. to 5:00 p.m.
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Installation of piles or pilings:
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Monday through Friday
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7:00 a.m. to 7:00 p.m.
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8:00 a.m. to 5:00 p.m.
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Saturday
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8:00 a.m. to 5:00 p.m.
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8:00 a.m. to 5:00 p.m.**
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Sunday
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9:00 a.m. to 5:00 p.m.
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Prohibited
|
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**Prohibited on Saturday and Sunday during July and August
| ||
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Landscape contractors:
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Landscape construction
|
Same as construction activity
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Same as construction activity
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Landscape maintenance
| ||
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Daily - Sunday to Saturday
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No restrictions apply
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No restrictions apply
|
2.
Exception for emergencies. In case of urgent necessity in the interest
of public health and safety, and then only with a permit from the
Construction Official, an exception to the above restrictions may
be made. Such permit shall be granted for a period not to exceed (3)
days or less while the emergency continues and may be renewed for
a period of three days or less while the emergency continues. This
paragraph shall not apply to limited projects of the Borough of Avalon.
3.
Demolition of buildings or structures; emergencies. Demolition of
buildings or structures during the off-season is permitted only on
such days and during such hours as specified above. Demolition of
buildings or structures is prohibited from July 1 through Labor Day,
inclusive. In the case of emergent circumstances as described in the
preceding subsection, a permit may be issued under the same terms
and conditions.
j.
Noise Adjacent to Schools, Courts, Churches and Hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use, or adjacent
to any hospital which unreasonably disturbs or unduly annoys patients
in the hospital, provided conspicuous signs are displayed in such
streets indicating that the same is a school, hospital or court street.
k.
Hawkers; Peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturb the peace and quiet of the neighborhood.
l.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention, by creation of noise, to any performance,
show or sale.
m.
Transportation of Metal Rails, Pillars, Columns and Construction
Materials. The transportation of rails, pillars or columns of iron,
steel or other material, over and along streets and other public places,
upon carts, trays, cars, trucks, or in any other manner so loaded
as to cause loud noises or as to disturb the peace and quiet of such
streets or other public places.
n.
Pile Drivers, Hammers. The operation between the hours of 8:00 p.m.
and 8:00 a.m. of any pile driver, pneumatic hammer, derrick, mechanical
hoist or other appliance, the use of which is attended by loud or
unusual noise.
o.
Blowers. The operation of any noise-creating blower or power fan
or any internal combustion engine, the operation of which causes noise
due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is muffled and such engine is equipped with
a muffler device sufficient to deaden such noise.
Nothing contained in this section shall be construed to apply
to:
a.
The use of bells, chimes, or sound amplifiers by churches engaged
in religious activities.
b.
Borough activities conducted upon public parks, playgrounds, streets
or in public buildings under the permission or authority of Borough
officials, as well as other Borough duties carried out in the normal
course of business.
[2000 Code § 7:2-7]
Sound trucks may be operated in accordance with the following
regulations upon the issuance of a permit by the Borough Council for
each occasion and each location. For the purposes of this subsection,
"residential zones" shall mean the zones so described on the Zoning
Map of the Borough, and "commercial zones" shall mean and include
all parts of the Borough other than residential zones.
a.
Sound trucks shall not be operated in residential zones in the Borough
before 9:00 a.m. and after 7:00 p.m.
b.
Sound trucks shall not be operated in commercial zones in the Borough
before 9:00 a.m. and after 9:00 p.m.
c.
Moving sound trucks shall keep to the extreme right-hand side of
the road and shall proceed at a speed of not less than 10 miles per
hour.
d.
Stationary sound trucks are prohibited in all residential zones in
the Borough but may be operated in commercial zones during the hours
referred to above.
[2000 Code § 7:2-2; Ord. No. 572-2006]
a.
Legislative Intent. It is the intent of the Borough of Avalon to
encourage residents and visitors to fully enjoy the natural and man-made
recreational opportunities within the Borough and to maintain Avalon
as premier resort destination. This intention is tempered, however,
by the need of the Borough to protect the health, safety and welfare
of its citizens and visitors. The Borough has no tolerance for noise
which disturbs peace and good order or otherwise disrupts the reasonable
expectation of the people of the Borough to the quiet enjoyment of
their property. The Borough Council has identified a pattern of conduct
whereby persons disrupt such quiet enjoyment, especially but not limited
to, in residential or hybrid residential and commercial areas between
the hours of 2:00 a.m. and 5:00 a.m. It is the stated policy of the
Borough that such persons should be subject to an enhanced penalty
for such conduct. The Borough Council recognizes the independence
of the Judiciary and the discretion placed in the Judge of the Municipal
Court. This section states the standing policy of the Borough Council
on behalf of its citizens and in protection of the health, safety
and welfare of same, to seek enhanced monetary penalties for such
offenses, as detailed herein below, and requires the imposition of
community service for such offenders.
b.
For any person or business entity convicted in a Court of competent jurisdiction of a violation of this subsection, which violation shall have occurred between the hours of 2:00 a.m. and 5:00 a.m., prevailing time, inclusive of those hours, it is the recommendation of the Borough Council, recognizing the Court's discretion, that such person or entity be fined not less then $500 and not more than the maximum allowable fine for violation of a local ordinance for a first offense. (See Chapter 1, § 1-5.) Additionally, such person or entity shall be required to perform 15 hours of community service. For a second or subsequent offense it is the recommendation of the Borough Council, recognizing the Court's discretion, that such person or entity be subject to the maximum fine allowable for violation of a local ordinance. Additionally, such person or entity shall be required to perform 30 hours of community service.
[2000 Code § 18:1-1]
a.
Excessive sound is a serious hazard to the public health, welfare,
safety and the quality of life; and a substantial body of science
and technology exists by which excessive sound may be substantially
abated; and the people have a right to, and should be ensured an environment
free from excessive sound.
b.
It is the policy of the Borough of Avalon to prevent excessive sound
that may jeopardize the health, welfare, or safety of the citizens
or degrade the quality of life.
c.
This section shall apply to the control of sound originating from
stationary sources within the limits of the Borough of Avalon.
[2000 Code § 18:1-2]
shall mean a group of commercial facilities and the abutting
public rights-of-way and public spaces.
shall mean any premises, property, or facility involving
traffic in goods or furnishing of services for sale or profit, including,
but not limited to:
Banking and other financial institutions;
Dining establishments;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation; warehouses; and
Rental properties.
shall mean any site preparation, assembly, erection, repair,
alteration or similar action, but excluding demolition of buildings
or structures.
shall mean the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated Db.
shall mean any dismantling, intentional destruction, or removal
of buildings or structures.
shall mean any work or action necessary to 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, or abating life-threatening
conditions.
shall mean any activity and its related premises, property,
facilities, or equipment involving the fabrication, manufacture, or
production of durable or nondurable goods.
shall mean any vehicle that is propelled or drawn on land
by an engine or motor.
shall mean a sound dissipating device or system for abating
the sound of escaping gasses of an internal combustion engine.
shall mean any building where there are two or more dwelling
units.
shall mean any sounds of such level and duration as to be
or tend to be injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property throughout
the state or in any portions thereof, but excludes all aspects of
the employer/employee relationship concerning health and safety hazards
within the confines of a place of employment.
shall mean the Noise Control Officer designated as the official
liaison with all municipal departments, empowered to grant permits
for variances.
shall mean an officially designated employee of the municipality,
of a group of municipalities, or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this section.
shall mean any sound that:
shall mean any individual, corporation, company, association,
society, firm, partnership, joint stock company, the state or any
political subdivision, agency or instrumentality of the State.
shall mean any street, avenue, boulevard, road, highway,
sidewalk, or alley that is leased, owned or controlled by a governmental
entity.
shall mean any real property or structures thereon that are
owned, leased, or controlled by a governmental entity.
shall mean the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling
unit building.
shall mean a group of residential properties and the abutting
public rights-of-way and public spaces.
shall mean property used for human habitation, including,
but not limited to private property used for human habitation; commercial
living accommodations and commercial property used for human habitation;
recreational and entertainment property used for human habitation;
and community service property used for human habitation.
shall mean the sound pressure level measured in decibels
with a sound level meter set for A-weighting; sound level is expressed
in DBA.
shall mean an instrument used to measure sound level and
conforms to Type 1 or Type 2 standards as specified by ANSI specifications
S1.4-1971.
shall mean any day, Monday through Friday, that is not a
legal holiday.
[2000 Code § 7-1.3]
a.
Enforcement. The provisions of this section shall be enforced by
the Noise Control Officers.
b.
Powers of Noise Control Officer. The Noise Control Officers shall
have the power to:
1.
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable;
2.
Review the actions of other municipal departments and advise such
departments of the effect, if any, of such actions on noise control;
3.
Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
section;
4.
Grant permits for variances according to the provisions of this section,
provided the variances are consistent with regulations concerning
noise control promulgated by the New Jersey Department of Environmental
Protection, N.J.A.C. 7:29.
c.
Qualifications. A person shall be qualified to be a Noise Control
Officer if the person has satisfactorily completed any of the following:
d.
Noise measurements made by Noise Control Officers shall be taken
according to procedures specified by N.J.A.C. 7:29-1.1 et seq., except
as otherwise provided by this section or other applicable law.
[2000 Code § 18-1.4]
a.
Enforcement. All departments and agencies of the Borough shall carry
out their programs according to law and shall cooperate with the Noise
Control Administrator in the implementation and enforcement of this
section.
b.
Consultation with Noise Control Administrator. All departments charged
with new projects or changes to existing projects that may result
in the production of noise shall consult with the Noise Control Administrator
prior to the approval of such projects to ensure that such activities
comply with the provisions of this section.
Former provisions, Maximum Permissible Sound Levels, which contained
Table I, was deleted at adoption of the Code by the Borough.
[2000 Code § 18:1-6]
a.
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
b.
No person shall cause, suffer, allow, or permit the following acts:
1.
Sound Reproduction Systems. Operating, playing, or permitting the
operation or playing of any radio, television, phonograph, or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
2.
Loudspeakers and Public Address Systems. Using or operating of any
loudspeaker, public address system, or similar device between the
hours of 10:00 p.m. and 8:00 a.m. in the following day, such that
the sound therefrom creates a noise disturbance across a residential
real property line.
3.
Animals and Birds. Owning, possessing, or harboring any pet animal
or pet bird that frequently or for continued duration, makes sounds
that create a noise disturbance across a residential real property
line (for the purpose of this section, a noise disturbance from a
barking dog shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes, unless provoked).
4.
Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects, or the pneumatic or pumped
loading or unloading of bulk materials in liquid, gaseous, powder
or pellet form, or the compacting of refuse by persons engaged in
the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 9:00 a.m. the following day when the latter is a legal holiday
or a weekend day, except by permit, when the sound therefrom creates
a noise disturbance across a residential real property line.
5.
Standing Motor Vehicles. Operating or permitting the operation of
any motor vehicle whose manufacturers gross weight is in excess of
10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, on a public right-of-way or public space within 150 feet (46
meters) of a residential area between the hours of 8:00 p.m. and 8:00
a.m. of the following day.
6.
Construction and Demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between the hours of 7:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided such equipment is equipped with a functioning muffler except for emergency work, and in accordance with § 7-1.5.
[2000 Code § 18:1-7]
The provisions of this section shall not apply to:
a.
The emission of sound for the purpose of alerting persons to the
existence of an emergency;
b.
The emission of sound in the performance of emergency work; or
c.
The emission of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Act.
d.
Noise from municipality sponsored or approved celebrations or events
shall be exempt from the provisions of this section.
Former provisions, Conditions for Variance, was deleted at adoption
of the Code by the Borough.
[2000 Code § 18-1.9; Ord. No. 711-2014]
a.
Summons. Violation of any provision of this section shall be cause
for a summons to be issued by the Noise Control Officer or any Police
Officer or Code Enforcement Officer.
b.
Abatement Orders.
1.
Except as otherwise provided in this section, in lieu of issuing
a summons as provided herein, and not in connection with noise in
residential areas, the Noise Control Officer may issue an order requiring
abatement of any source of sound alleged to be in violation of this
section within a reasonable time period and according to guidelines
which the Noise Control Officer may prescribe.
2.
An abatement order shall not be issued (a) if any person willfully
or knowingly violates any provision of this section, or (b) if the
Noise Control Officer has reason to believe that there will not be
compliance with the abatement order.
[2000 Code § 18:1-9.2; Ord. No.
711-2014]
a.
Any person who violates any provision of this section shall be subject to a penalty for each offense of not more than the maximum amount as established in § 1-5, or except as otherwise provided herein.
b.
If the violation is of a continuing nature, each hour during which
it occurs shall constitute an additional, separate, and distinct offense.
[2000 Code § 18:1-9.3]
No provision of this section shall be construed to impair any
common law or statutory cause of action, or legal remedy therefrom,
of any person for injury or damage arising from any violation of this
section or from other law.
[2000 Code § 18:1-9.7]
This section is not intended, nor shall it be construed, as
repealing or, in any way, impairing any provisions of this Code, ordinance
or resolution.
[2000 Code § 7:3]
Littering and dumping are prohibited within the Borough of Avalon
in accordance with the provisions of this section and the provisions
of this Code.
[2000 Code § 7:3-1]
As used in this section:
shall mean and include natural persons, firms, copartnerships,
associations and corporations.
shall mean any used or unconsumed substance or waste material
which has been discarded whether made of aluminum, glass, plastic,
rubber, paper, or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can or any
top, cap, or detachable tab of any bottle, jar, or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
[2000 Code § 7:3-2]
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public or private
property, other than a litter receptacle. It shall be unlawful to
throw, place, deposit or leave any shrubs or shrub cuttings, trees,
bottles, glass, crockery, sharp or pointed article or thing, paper,
refuse or debris of any kind of beach areas, dunes or the approaches
thereto, except in the proper receptacles provided therefore on the
boardwalk and beach.
[2000 Code § 7:3-3.1-7:3-3.3]
a.
Upon Land. It shall be unlawful for any person to discard or dump
along any street or road, on or off any right-of-way, any household
or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle
parts, rubber tires, appliances, furniture, or private property, except
by written consent of the owner of said property, in any place not
specifically designated for the purpose of solid waste storage or
disposal.
b.
Upon Water. The dumping of garbage, food waste, offal or any other
waste or sewage materials into any of the waters is hereby prohibited.
c.
Enforcement. The members of the Police Department and the Police
Marine Unit, as the case may be, are hereby authorized and directed
to enforce this §.
[2000 Code § 7:3-4]
a.
Prohibited Acts. It shall be unlawful for any person to place, to
cause to be placed, or to hire another person to place any advertisement,
handbill or unsolicited material of any kind, in or on any street,
sidewalk, building or vehicle within the community in such a manner
that it may be removed by natural forces.
b.
Enforcement. This section shall be enforceable by any one or more
of the following individuals.
1.
Recycling Coordinator of the Borough of Avalon.
2.
The Director of Public Works or his designee.
3.
Any Sanitary Inspector or other designated agent of the Cape May
County Department of Health.
4.
Any member of the Division of Licenses and Inspections.
5.
Any member of the Avalon Police Department.
[Ord. No. 760-2017]
The following definition(s) shall apply to this section:
shall mean an airborne paper lantern that is constructed
of oiled rice paper on a bamboo frame, and contains a small candle
or furl cell composed of a waxy flammable material or any other similar
airborne device. These are also known as "Konming or Wish Lanterns."[1] They are also known as "Flying Sky Paper Lanterns" or
"Floating paper lanterns."
[1]
Source: NJ Division of Fire Safety Bulletin 2013-3.
[Ord. No. 760-2017]
This section is adopted in order to protect the environment,
particularly wildlife, marine animals, and the health, safety and
well-being of persons and property by prohibiting the release of helium
balloons into the atmosphere, including latex and Mylar, as it has
been determined that the release of balloons inflated with lighter-than-air
gases pose a danger and nuisance to the environment, particularly
to wildlife and marine animals so as to constitute a public nuisance
and may pose a threat to the safety of its habitants and their property.
[Ord. No. 760-2017]
a.
It shall be unlawful for any person, firm or corporation to intentionally
release or cause to be released an untethered sky lantern. [Source:
2015 International Fire Code, Section 308.1.6.3.]
b.
It shall be unlawful for any person, firm or corporation to intentionally
release, organize the release, or intentionally cause to be released
balloons inflated with a gas that is lighter than air within the Borough
of Avalon except for:
[Ord. No. 760-2017]
Any person found in violation of this section shall be subject to the penalties set forth in § 1-5 of this Code.
[Ord. No. 761-2017]
As used herein:
shall include any combustible or explosive composition, or
any substance or combination of substances, or article prepared for
the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation. [Source: N.J.S.A. 21:2-2]
shall mean and include all of the items described and set
forth in N.J.S.A. 21:2-3 which further provides that it is unlawful
to manufacture, sell, transport or use dangerous fireworks within
the State.
shall mean:
a.
Wood sticks or wire sparklers of not more than 100 grams of pyrotechnic
mixture per item;
b.
Hand held or ground based sparkling devices which are non-explosive
and non-aerial, which may produce a crackling or whistling effect,
and contain 75 grams or less of pyrotechnic composition per tube or
a total of 500 grams or less for multiple tubes; and
c.
Snakes and glow worms, smoke devices, and trick noisemakers, which
include party poppers, snappers, and drop pops, each consisting of
25/100 grains or less of explosive mixture. [P.L. 2017, Chapter 92,
approved June 28, 2017]
[Ord. No. 761-2017]
a.
The New Jersey Legislature has determined that the sale, exposure
for sale, use, distribution or possession of fireworks or pyrotechnics
in the State of New Jersey, except under limited and specific conditions,
is declared to be against the public health, safety and welfare of
the people of the State of New Jersey. [N.J.S.A. 21:3-1].
b.
N.J.S.A. 21:2-6, provides that it shall be unlawful to manufacture,
sell, transport or use dangerous fireworks within the State.
c.
Pursuant to N.J.S.A. 21:3-3, the governing body of any municipality
may, in its discretion, and upon application in writing, and upon
the posting of a suitable bond, grant a permit for the purchase, possession
and public display of fireworks by municipalities, religious, fraternal
or civic organizations, fair associations, amusement parks, or other
organizations or groups of individuals, approved by the governing
body of such municipality to whom the application is made. By resolution
the governing body may grant permission and set forth the requirements
and conditions thereof, and the proposed display shall be of such
a character, and so located, discharged, or fired, as in the opinion
of the chiefs of the police and fire departments, after proper inspection,
shall not be hazardous to property or endanger any person or persons.
d.
Borough Council hereby determines that any such private or public
fireworks display or use is unnecessary due to the fact that the Borough
sponsors a fireworks display each summer in conjunction with the July
4th Celebration and may elect to do so on other occasions and events.
The Borough also thoroughly investigates the fireworks operator and
the event is carried out with the utmost degree of caution for public
safety. Further, any other display or use of fireworks places a burden
on the police department and also on fire department volunteers for
inspection and enforcement duties and Borough Council further determines
that there is no suitable location for a private/public fireworks
display within the Borough. Finally, the private use or display of
fireworks poses an immediate threat to the health and safety of persons
and property.
[Ord. No. 761-2017]
a.
It shall be unlawful for any person to offer for sale, expose for
sale, sell, possess or use, or explode any fireworks, as described
herein, including blank cartridge, toy pistol, toy cannon, toy cane
or toy gun in which explosives are used; the type of balloon which
requires fire underneath to propel the same; firecrackers; torpedoes;
skyrockets, Roman candles, bombs, or other fireworks of like construction,
or any fireworks containing any explosive or inflammable compound
or any tablets or other device commonly used and sold as fireworks
containing nitrates, chlorates, oxalates, sulphides of lead, barium,
antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound
containing any of the same or other explosives, or any substance or
combination of substances, or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, other than aviation and railroad signal
light flares. [Source: N.J.S.A. 21:3-2]
b.
Notwithstanding Subsection a. of this subsection, it shall be lawful for a person to offer for sale, expose for sale, sell, store, possess, or use:
1.
A toy pistol, toy cane, toy gun, or other device in which paper or
plastic caps containing 0.25 grain or less of explosive compound per
cap are used, providing they are so constructed that the hand cannot
come in contact with the cap when in place for use, and toy pistol
paper or plastic caps which contain less than 0.20 grains of explosive
mixture per cap;
2.
Sparkling devices and novelties as defined in N.J.S.A. 21:2-2 if
the person is 16 years of age or older. Sparkling devices and novelties,
including their sale or use, shall not be subject to further regulation
by a municipality pursuant to N.J.S.A. 40:48-1, except that the storage
and sale of items listed in this Subsection shall be consistent with
the standards set forth in NFPA 1124 National Fire Protection Association
Code for the Manufacture, Transportation, Storage and Retail Sales
of Fireworks and Pyrotechnic Articles, 2006 edition;
c.
Exception. This section shall not apply to the Borough of Avalon
or any other governmental unit provided, however, that the Borough
and any other governmental unit shall first comply with the provisions
of New Jersey's Fireworks Regulation Law, N.J.S.A. 21:2-1 et seq.
[Ord. No. 761-2017]
a.
Any person who violates the provisions of this section and subsection shall, upon conviction, be subject to the penalties set forth in § 1-5 of this Code.
b.
Each and every day in which a violation of any provision of this
section or any other ordinance of the Borough of Avalon exists shall
constitute a separate violation.
[Ord. No. 767-2018 § 7]
Borough Council hereby declares that diving, jumping, or swimming
from any of the bridges and certain other structures defined herein
within the Borough of Avalon poses an imminent danger to any person
engaging in any such activity because of tidal conditions, the uncertainty
of the water depth, and the risk of serious, and perhaps, permanent
injury or paralysis.
Because of these concerns, and others, the Avalon Police Department
has recommended that the Borough ban all such activity in order to
promote and protect public health, safety and welfare.
As used in this section the following terms shall have the meaning
indicated unless the context clearly indicates another meaning:
shall mean those structures crossing waterways and used by
vehicular and pedestrian traffic known as the 21st Street Bridge;
25th Street Bridge; 30th Street Bridge (County Road 601) which intersects
with Third Avenue also known as Ocean Drive (County Road 619); curved
bridge on the Avalon Boulevard (County Road 601) located between the
30th Street Bridge and the county bridge over the intracoastal waterway
and the Townsends Inlet Bridge
shall mean the act of plunging into water intentionally and
especially headfirst.
shall mean to leap or plunge into water from a fixed object
or location.
shall mean any pier, wharf, dock or other similar type structure
located at the water's edge or extending over the water which is owned
or controlled by the Borough of Avalon. It shall also mean and include
the piers, pilings, bulkheads, and support structure of any bridge,
or other structure defined herein.
It shall be unlawful for any person to dive or jump into the
water, or engage in the act of swimming from any bridge, or any portion
or part thereof, or any other structure defined herein within the
boundaries of the Borough of Avalon or which is under the enforcement
jurisdiction of the Borough.
The activity prohibited by § 7-6.3 is not intended, and shall not be construed, to prohibit fishing or crabbing from any of the bridges or structures identified herein.
Any person who violates the provisions of this section shall, upon conviction, be subject to the penalties set forth in § 1-5 of this Code.
[2000 Code § 7:12-1; New]
Except as otherwise permitted by Borough Ordinance, it shall
be unlawful to consume, openly display, dispense or offer to dispense
or consume any beer, wine, whiskey, or other alcoholic beverages or
to possess any open container of alcoholic beverages upon the streets,
highways, sidewalks, beaches, or approaches thereto, dunes, or public
or quasi-public places, or in automobiles or other vehicles while
moving or parked upon the streets, highways, alleys, parking lots,
or other places not expressly licensed for the sale and consumption
of such beverages upon the premises so licensed.
[2000 Code § 7:12-2]
The provisions of § 7-7.1 shall not apply to the following:
Any event which is held in Community Hall or any public building
or facility and which is conducted or sponsored by any individual,
organization or entity which has express permission to use any of
such facilities or who may be otherwise using the facilities in accordance
with policies and guidelines established by the Borough for the use
of such facilities and who has received a special one-day liquor license
during the time period or periods specified in such special permit
and provided that the sponsor of such event has provided to the Borough
a certificate of insurance of such coverage and with such company
or companies as may be acceptable to the Borough and provided further
that the Borough of Avalon is named as an additional insured.
[2000 Code § 7:12-3]
It shall be unlawful for any person under the legal age to,
without legal authority, knowingly possess or knowingly consume an
alcoholic beverage on private property.
[2000 Code § 7:12-4]
Any person violating the provisions of this section shall, in
accordance with the provisions of N.J.S.A. 40:48-1.2 be punished by
a fine of $250 for a first offense and $350 for any subsequent offense.
[2000 Code § 7:12-5]
a.
In addition to the fine authorized for this offense, the Court may
suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement
of that person's driver's license, the Court shall forward a report
to the Motor Vehicle Commission stating the first and last day of
the suspension or postponement period imposed by the Court pursuant
to N.J.S.A. 40:48-1.2 et seq. If a person at the time of the imposition
of sentence is less than 17 years of age, the period of license postponement,
including a suspension or postponement of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period of six (6) months after the person reaches
the age of seventeen (17) years.
b.
If a person at the time of the imposition of a sentence has a valid
driver's license issued by this State, the Court shall immediately
collect the license and forward it to the Motor Vehicle Commission
along with the report. If for any reason the license cannot be collected,
the Court shall include in the report the complete name, address,
date of birth, eye color, and sex of the person, as well as the first
and last date of the license suspension period imposed by the Court.
c.
The Court shall inform the person orally and in writing that if the
person is convicted of operating a motor vehicle during the period
of license suspension or postponement, the person shall be subject
to the penalties set forth in N.J.S.A. 39:3-40. A person shall be
required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in writing
the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
d.
If a person convicted under this section is not a New Jersey resident,
the Court shall suspend or postpone, as appropriate, the nonresident
driving privilege of the person based on the age of the person and
submit it to the Motor Vehicle Commission on the required report.
The Court shall not collect the license of a nonresident convicted
under this section. Upon receipt of a report for the Court, the Motor
Vehicle Commission shall notify the appropriate officials in the licensing
jurisdiction of the suspension or postponement.
[2000 Code § 7:12-6]
a.
Nothing contained in this section is intended, nor shall it be construed,
as prohibiting an underaged person from consuming or possessing an
alcoholic beverage in connection with a religious observance, ceremony
or rite or consuming or possessing an alcoholic beverage in the presence
of and with the permission of a parent, guardian or relative who has
attained the legal age to purchase and consume alcoholic beverages.
b.
GUARDIAN
RELATIVE
As used in the preceding Subsection, the following terms shall have
the meaning set forth:
shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
shall mean the underaged person's grandparent, aunt or uncle,
sibling, or any other person related by blood or affinity.
c.
Nothing contained in this section is intended nor shall it be construed
as prohibiting possession of alcoholic beverages by any such person
while actually engaged in the performance of employment by a person
who is licensed under Title 33 of the New Jersey Statutes, or while
actively engaged in the preparation of food while enrolled in a culinary
arts or hotel management program at a county vocational school or
post-secondary educational institution; provided, however, that this
section shall not be construed to preclude the imposition of a penalty
under this section N.J.S.A. 33:1-81, or any other section of law against
a person who is convicted of unlawful alcoholic beverage activity
on or at premises licensed for the sale of alcoholic beverages.
[2000 Code § 7:13-1]
In accordance with the provisions of and pursuant to the authority
of N.J.S.A. 2C:35-7 the Drug-Free Zone Map prepared by the Municipal
Engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the municipality of property
which is used for school purposes and which is owed by or leased to
any elementary or secondary school or school board, and of the areas
on or within 1,000 feet of such school property.
[2000 Code § 7:13-2]
The Drug-Free School Zone 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 one
thousand (1000) feet of property owned by or leased to any elementary
or secondary school or school board which is used for school purposes,
until such time, if any, that this section shall be amended to reflect
any additions or deletions with respect to the location and boundaries
of school property and Drug-Free School Zones.
[2000 Code § 7:13-3]
The School Board, or the Chief Administrative Officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
[2000 Code § 7:13-4]
The Borough Clerk of the municipality is hereby directed to
receive and to keep on file the original of the 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 hereby further directed that a true copy of such map
and of this section shall be provided, without cost, to the County
Clerk and to the office of the Cape May County Prosecutor; and filed
with the Clerk of the Municipal Court.
[2000 Code § 7:13-5]
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 shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality.
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
Except as is otherwise expressly noted on the face of the approved
and adopted map, all of the property depicted on the map approved
and adopted herein as school property was owned by a school or school
board and was being used for school purposes as of July 9, 1987, that
being the effective date of P.L. 1987, c. 101 (N.J.S.A. 2C:35-7).
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not
precluded from introducing or relying upon any other evidence or testimony
to establish a violation of the offense defined in that statute, including
use of a map or diagram other than the one approved and adopted pursuant
to this section. The failure of the map approved herein to depict
the location and boundaries of any property which is, in fact, used
for school purposes and which is owned by or leased to any elementary
or secondary school or school board, whether the absence of such depiction
is the result of inadvertent omission or the result of any changes
in the location and boundaries of such property which have not yet
been incorporated into a revised approved map, shall not be deemed
to be an official finding and record that such property is not owned
by or leased to a school or school board, or that such property is
not used for school purposes.
d.
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning
the preparation, approval and adoption of a Drug-Free School Zone
map have been complied with.
Editor's Note: Curfew for persons Under 18 Years of Age previously codified in § 7-11 was repealed in entirety by Ord. No. 712-2014.
Any person operating a bicycle in the Borough shall:
a.
Conform to all applicable laws of the State of New Jersey and ordinances
of the Borough dealing with regulation of traffic.
b.
Obey the same rules as the drivers of motor vehicles unless inapplicable
or inappropriate.
c.
Ride in single file only when two or more bicycles are being operated
together.
d.
Not permit more than one person to ride on a bicycle unless it is
designed to accommodate more than one rider or operator and no person
shall ride on any part of a bicycle not intended for use by a rider.
e.
Not operate a bicycle while that bicycle is in a defective, unsafe
or dangerous condition.
f.
Not operate a bicycle 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 a bicycle shall not be equipped with nor shall
any person use upon a bicycle a siren or whistle.
g.
Cause the bicycle, if it is to be operated at night, to 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 red reflector
mounted on the rear of a type 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 headlamps on a motor vehicle.
h.
Not operate any bicycle unless it is equipped with a brake capable
of bringing the bicycle to a complete stop within a reasonable distance.
i.
Not attach the bicycle or himself to any vehicle upon a roadway and
no operator of any such vehicle shall knowingly allow any person riding
upon any bicycle to attach the same or himself to any such vehicle.
j.
Not operate a bicycle on any street, public thoroughfare, sidewalk,
public parking lot, boardwalk and approaches thereto, or any other
public or quasi-public area in a careless manner or without due caution
and circumstances or in a manner so as to endanger or be likely to
endanger any person or property.
[2000 Code § 7:22-3]
a.
Required Equipment. No person shall rent a bicycle unless it is equipped
with a bell or other device and a brake as required by this subsection
and no person shall rent a bicycle for use at night unless it is equipped
with a lamp and reflector as required by this section.
[2000 Code §§ 7:22-2, 7:22-4]
a.
Boardwalk and Boardwalk Approaches. It shall be unlawful for any
person to ride or operate a bicycle upon the boardwalk or approaches
thereto during the period of May 15 to September 15, inclusive, of
any year except between the hours of 5:00 a.m. and 10:00 a.m., prevailing
time of any day.
b.
Business District Sidewalk. It shall be unlawful for any person to
ride a bicycle on the sidewalk in the Business District which for
purposes of this section, shall be defined as Dune Drive, both sides
from 20th Street to 34th Street; and Third Avenue, both sides from
20th Street to 34th Street.
[2000 Code § 7:14]
a.
Boardwalk and Boardwalk Approaches. It shall be unlawful to operate,
ride or use a skateboard, at any time, on the boardwalk or the approaches
thereto.
[2000 Code § 7:22-3.2]
As used in this section:
shall mean and include motorcycles. motorbikes, bicycles
with motor attached and all motor-operated vehicles of the bicycle
or tricycle type except motorized bicycles as defined in this section,
whether the mode of power be a part thereof or attached thereto and
having a saddle or seat with driver sitting astride or upon it or
a platform on which the driver stands. (Source: N.J.S.A 39:1-1)
shall mean 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 and said
bicycle is capable of a maximum speed of no more than 25 m.p.h. on
a flat surface. (Source: N.J.S.A 39:1-1)
See definition of motorized bicycle.
shall mean and include natural persons, firms, copartnerships.
associations and corporations. (Source: N.J.S.A. 39:1-1)
See definition of motorized bicycle.
[2000 Code § 7:22-3.3; New]
No business shall be located in the Borough which engages in
the leasing, renting, hiring, chartering or attempts to lease, rent,
hire or charter any moped, scooter or motorized bicycle within the
Borough of Avalon.
[2000 Code § 7:22-3.4]
[Ord. No. 655-2012]
No person shall operate a pedicab, or any nonmotorized bicycle-type
vehicle, for the purpose of conveying passengers for payment or any
type of remuneration on any street or public right-of-way within the
Borough.
[2000 Code § 7:21]
It shall be unlawful for any person:
a.
To enter upon any public or quasi-public place or private property,
without the consent of the owner or person in lawful control and possession
thereof, to picnic, change apparel, dress or undress, defecate or
urinate or to commit any other nuisance or disturbance.
b.
To enter without legitimate and reasonable cause or purpose upon
any private property including any commercial property including a
place of public accommodation without having previously obtained expressed
or implied permission of the owner or person in lawful control and
possession of such place either to make use of the furniture, showers,
toilets or other similar facilities therein installed or to wander
or roam about the premises.
a.
Prohibited Acts. It shall be unlawful for any person to damage or
tamper with any property, real or personal, owned by the Borough of
Avalon or within its care, custody or control no matter where located;
or to climb upon or stand on the railings, fences or benches on the
Boardwalk or approaches thereto, so as to cause or be likely to cause
damage to the same; or to damage, tamper with, remove or relocate
the lifeguard boats or other equipment used by lifeguards on the beach.
b.
Restitution. In addition to any other penalties available under the
law, any person convicted of an offense prohibited by this subsection
shall be required to make restitution in an amount necessary to repair
or replace such damaged property. The amount of such restitution shall
be imposed by the Municipal Court at the time of sentencing and shall
be in addition to any other penalty.
[2000 Code 7:7-1]
The following acts shall be unlawful:
[2000 Code 7:7-1]
a.
Undressing or changing of clothes in public or within a motor vehicle
located on any public or private property within the Borough.
b.
Appearing nude in public or in any place to which members of the
public are invited or which members of the public may readily view.
Nudity in case of a male person shall mean exposure of any part of
the genitalia. Nudity in the case of a female person shall mean exposure
of any part of the genitalia or complete exposure of one or both breasts.
[Ord. No. 655-2012]
No person shall park a trailer detached from a vehicle in a
Borough-owned or controlled parking lot unless specifically designated
for such parking.
[2000 Code § 7:10-1]
As used in this section:
shall mean any motor vehicle or motor-drawn vehicle as those
terms are defined in and by N.J.S.A. 39:1-1, or any unit used for
living, sleeping or business purposes, by one or more persons, which
is equipped with wheels or similar devices used for the purpose of
transporting such unit from place to place, whether it be self-propelled
or otherwise.
shall mean a vehicle of any size or shape, on wheels or other
means of support, capable of being transported by attachment to a
motor vehicle or moved by any other means.
shall mean any portable material or canvas supported by poles,
ropes or otherwise, to permit the occupancy thereof as a temporary
dwelling or sleeping place for one or more persons.
[2000 Code § 7:10-2]
It shall be unlawful within the limits of the Borough for any
person to park or place or permit the parking or placing of any trailer,
detachable trailer, house car, camp car or similar vehicle, or to
erect or cause to be erected, used or installed a tent or other temporary
shelter used or to be used as a living facility or as a temporary
dwelling or sleeping place.
[Repealed by Ord. No. 726-2015]
See Chapter 22 for rentals and rental property regulations.
[2000 Code § 7:6-1]
As used in this section:
shall mean any real property within the Borough which is
not a street or highway.
shall mean the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to the
use of the public for purposes of vehicular travel.
shall mean a machine propelled by power, other than human
power, designed to travel along the ground by use of wheels, treads,
runner or slides, and transport persons or property or pull machinery,
and shall include, without limitation, automobiles, trucks, trailers,
motorcycles, tractors, buggies and wagons.
[2000 Code § 7:6-2]
No person shall abandon any vehicle within the Borough and no
person shall leave any vehicle at any place within the Borough for
such time and under such circumstances as to cause such vehicle to
reasonably appear to have been abandoned.
[2000 Code § 7:6-3]
No person shall leave any partially dismantled, nonoperating,
wrecked or junked vehicle on any street or highway within the Borough.
[2000 Code § 7:6-4]
No person in charge or control of any property within the Borough
whether as owner, tenant, occupant, lessee or otherwise, shall allow
any partially dismantled, nonoperating, wrecked, junked or discarded
vehicles to remain on such property longer than 48 hours; and no person
shall leave any such vehicle on any property within the Borough for
a longer time than 48 hours; except that this provision shall not
apply with regard to a vehicle in an enclosed building, a vehicle
on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of such business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the Borough.
[2000 Code § 7:6-5; Ord. No. 669-2012; Ord. No. 727-2015]
The Chief of Police or any member of the Police Department designated
by him is hereby authorized to remove or have removed any vehicle
left at any place within the Borough which reasonably appears to be
in violation of this section, or lost, stolen or unclaimed. Such vehicle
shall be impounded until lawfully claimed or disposed of in accordance
with applicable statutes. The Chief of Police, or any member of the
Police Department acting for him, shall notify the registered and
legal owner in writing by personal service or by certified mail, at
the last known address of the owner, of the removal of such vehicle
and the reason for the same, and the location of the vehicle. Such
vehicle shall be retained and impounded until the owner or his duly
authorized agent shall have paid the sum of $50 as an impound / administrative
fee plus an additional impound storage fee in the amount of $20 for
each and every day thereafter that such vehicle is retained and impounded.
In addition, such owner shall also be responsible for any towing fee
that may be charged or imposed and if the vehicle is stored in the
possession of the tow operator or other third party, the storage fee
charged by such entity shall be the obligation of the owner. The daily
storage fee charged by any such entity having custody of the impounded
vehicle shall be in lieu of the daily fee charged by the Borough for
impounded vehicles in the Borough's possession.
[2000 Code § 7:16-1]
No yard sale shall be conducted except in conformance with the provisions of Chapter 10, Licenses and Permits.
[2000 Code § 7:16-2]
In accordance with Chapter 10, Licenses and Permits, any person conducting any such sale or similar activity without being properly permitted therefor or who shall violate any of the other terms of Chapter 10, Licenses and Permits, shall, upon conviction, be fined not less than $25 nor more than $500 or be imprisoned for a period not to exceed five days for each violation.
[2000 Code § 7:19]
It shall be unlawful for any person to ignore, disregard or
disobey any orders or directives, including whistles or other signals,
audible or otherwise, issued or used by any Borough Police Officer
or other law enforcement personnel, which order or directive is issued
in the performance or duty of such police officer or law enforcement
personnel.
[2000 Code § 7:4-1]
As used in this section:
shall mean any handgun, rifle, shotgun, machine gun, automatic
or semi-automatic rifle, or any gun, device or instrument in the nature
of a weapon from which may be fired or ejected any solid projectable
ball, slug, pellet, missile or bullet, or any gas, vapor or other
noxious thing, by means of a cartridge or shell or by the action of
an explosive or the igniting of flammable or explosive substances.
It shall also include, without limitation, any firearm which is in
the nature of an air gun, spring gun, pistol, bow or other weapon
of a similar nature in which the propelling force is a spring, elastic
band, carbon dioxide, compressed or other gas or vapor, air or compressed
air, or is ignited by compressed air, and ejecting a bullet, projectile
or missile smaller with sufficient force to injure a person.
[2000 Code § 7:4-2]
No person except as authorized by law shall discharge within
the limits of the Borough any firearm of any description.
[2000 Code § 7:4-3]
No person shall at any time hunt, take, kill or pursue, or attempt
to hunt, take, kill or pursue, with a gun, firearm, bow and arrow
or any weapon of any kind or character any animal of any kind within
the limits of the Borough.
[2000 Code § 7:5-1]
The Borough Council of the Borough of Avalon hereby finds that
the practice and game of archery within the Borough involves, in certain
aspects, great danger to the public health, welfare and property.
It is necessary and proper for the good government, order and protection
of persons and property and the preservation of the health, safety
and welfare of the community to restrict, limit and confine the practice
and game of archery in the Borough of Avalon.
[2000 Code § 7:5-2]
The practice, game and sport of archery, when metal tipped or
any other sharp pointed arrows are used, is herewith prohibited and
forbidden in the Borough of Avalon.
[Ord. No. 643-2011]
The Mayor and Council have determined that it is in the best
interests of the residents, taxpayers and visitors of the Borough
of Avalon that an orderly procedure be developed for the towing and
storage of motor vehicles which are abandoned, illegally parked, disabled,
involved in accidents or suspected of involvement in criminal activity.
The procedures set forth herein shall be applied in all instances
of towing permitted by any provisions of the Code of the Borough of
Avalon. Towing service opportunities shall be provided on a rotating
basis by towing contractors complying, in all respects, with this
section.
[Ord. No. 643-2011]
a.
A notice shall be advertised in the official newspaper of the Borough
each year, preferably during the first week of December, notifying
towing contractors in the County of an opportunity to be placed on
a rotating list for towing motor vehicles in the Borough of Avalon
which are abandoned, illegally parked, disabled, involved in accidents
or suspected of involvement in criminal activity. Such notice will
advise interested towing contractors to contact the Police Department
for a copy of this section on towing and storage of motor vehicles.
Those who qualify shall then be placed on a rotating list, or lists,
of towing contractors, which lists shall be supervised and controlled
by the Avalon Police Department.
b.
A contractor requesting to be placed upon the rotating list shall
supply, with their written request, the following information in form
satisfactory to the Borough:
1.
Written proof of necessary insurance, including property damage and
liability, which shall designate the Borough as an additional insured.
2.
Location and size of storage facility.
3.
The number and type of towing vehicles, such as light-duty tow vehicles,
heavy-duty tow vehicles, and roll back trucks, with copies of title
certificates or lease agreements as applicable.
4.
Proof of lifting capacity of each towing vehicle.
c.
If an individual owns a 50% or greater interest in more than one
towing company and seeks to have more than one such company placed
on the rotating list, all such companies shall be treated as a single
contractor for purposes of this section. The intent of this provision
is to prevent an individual from having a greater opportunity for
calls by registering more than one company in which the individual
has a 50% or greater interest. Any contractor requesting to be placed
on the rotating list shall, prior to being placed on the list, provide
a statement of ownership identifying all shareholders, members or
partners who have a 50% or greater ownership interest in contractor.
[Ord. No. 643-2011]
a.
HEAVY-DUTY TOWING VEHICLE
LIGHT DUTY TOWING VEHICLE
ROLL BACK TRUCK
Definition of Equipment. As used in this section, the following terms
shall have the meanings indicated:
shall mean a light duty vehicle with a minimum chassis rating
of 28,000 pounds gross vehicle weight ("GVW") and be equipped with
a lifting device with a minimum capacity of 25 tons. This type of
wrecker also shall be equipped with a portable car dolly or be wheel
lift designed.
shall mean a light duty vehicle with a minimum chassis rating
of 11,000 pounds GVW and equipped with a lifting device with a minimum
capacity of four tons. This type of wrecker also shall be equipped
with a portable car dolly or be wheel lift designed.
shall man a truck that is hydraulically operated having a
tilted flatbed with a winch and cable system that is specifically
used to retrieve vehicles onto the flatbed of the truck, so that the
vehicle's wheels are no longer on the road surface.
b.
Equipment and Records.
1.
Contractors on the rotating list shall have and maintain in operational
condition at least one of the following towing vehicles: A light-duty
towing vehicle (wrecker), a heavy-duty towing vehicle (wrecker), and/or
a roll back truck vehicle. The contractor will be placed upon one
or more rotating lists, depending upon which of the vehicles the contractor
possesses for purposes of providing towing services. For example:
If the contractor only has a light-duty tow vehicle, he would not
be called upon to haul buses and heavy trucks.
2.
Each contractor shall supply to the Borough the manufacturer's specifications
of the lifting capacities of the devices for its various vehicles.
A certified testing laboratory test result is also acceptable for
rating lift capacity. This information must be supplied before the
contractor can be placed on a rotating list.
3.
Tow vehicles will be equipped with two-way radios and two sling-type
bars with rubber straps and wheel lifts, together with safety straps
for lifting to prevent damage to the towed vehicles and with steering
locks for towing vehicles from the rear. Motorcycle slings or straps
will also be required.
4.
All vehicles must be equipped with all equipment necessary to perform
emergency towing and recovery of vehicles according to standard industry
procedures. Minimally, they shall further have a 2 1/2 pound
ABC fire extinguisher, first-aid kit, broom, shovel, crowbar, and
amber emergency flashing or revolving lights as required. All equipment
shall be commercially manufactured, in good mechanical condition,
reasonably clean and neat, and maintained in a professional manner.
[Ord. No. 643-2011]
a.
Unless otherwise directed by a member of the Avalon Police Department,
towing contractors shall tow all vehicles to the contractor's licensed
storage area. No vehicle towed to a contractor's storage area shall
be released by contractor unless and until contractor receives the
appropriate release notification from the Police Department.
b.
In the event that a vehicle is to be secured by the Police Department
or other agency as part of any investigation, it shall be towed to
a Borough facility at the direction of the Police Department. The
fee for such towing shall be paid by the Borough to the contractor
after submission by the contractor of the appropriate paperwork.
[Ord. No. 643-2011]
All contractors shall be required to maintain a business facility
and storage facility, both located within a twenty-mile radius of
the Avalon Borough Hall. The storage area shall be sufficient for
the storage of at least six midsized automobiles. All outdoor storage
facilities shall be enclosed with a solid wall or substantial wire
fence not less than six feet in height and shall be maintained in
good repair. The lot shall be sufficiently lighted, to light the entire
lot, which shall be lit from dusk until dawn.
[Ord. No. 643-2011]
a.
All contractors shall be available on a twenty-four-hour basis and
shall be prepared to respond and appear with the necessary towing
vehicle at the designated area in the Borough of Avalon within 30
minutes of a telephone call for service from the Avalon Police Department.
In the event the contractor cannot respond within 30 minutes as a
result of its equipment being otherwise occupied or in need of repair,
the contractor shall promptly notify the Avalon Police Department
who will then contact the next towing contractor on the rotating list.
b.
In the event a contractor does not respond to a call within 30 minutes
and does not promptly notify the Borough that it cannot do so, that
will constitute cause to suspend or remove the towing contractor from
the rotating list.
[Ord. No. 643-2011]
No towed vehicles shall be stored upon the public streets.
[Ord. No. 643-2011]
The maximum towing and storage charges for the towing and storage
of all vehicles shall be as established from time to time by resolution
of Borough Council.
[Ord. No. 643-2011]
All contractors shall have and maintain a sufficient number
of tow vehicle operators and other personnel to ensure their compliance
with the 30 minute response time.
[Ord. No. 643-2011]
a.
The Borough shall call upon the contractors to tow and store the
following types of vehicles: abandoned vehicles, illegally parked
vehicles, disabled vehicles, vehicles involved in accidents, and vehicles
suspected to have been involved in criminal activity. The decision
as to which vehicles shall be towed shall be made by the Avalon Police
Department, and the contractor shall not be responsible for the selection
of the vehicle to be towed and/or stored.
b.
The contractor shall be responsible to clean up all broken glass
and customary debris at the scene of accidents. All tow vehicles must
be equipped with a broom and shovel.
c.
The contractor hereby grants to the Avalon Police Department the
right to inspect the storage facilities of the towing equipment at
any time during normal business hours. In addition thereto, Borough
Police Officers may inspect any towing equipment brought into the
Borough under this contract if, in the opinion of the officer in charge,
the towing equipment does not comply with the provisions of this section.
d.
The contractor assumes responsibility for the personal property in
the vehicle:
e.
All towing contractors hereby release and indemnify the Borough of
Avalon, its officers, servants and employees, from the payment of
towing fees, storage fees, costs of damage, injuries to any person
or theft of any property, resulting from the towing and storage of
any vehicle during the term of this contract.
f.
No unclaimed vehicles, towed by the contractor, will be disposed
of by the contractor without giving the Borough of Avalon first option
to dispose of said vehicle(s). If the Borough disposes of said vehicle,
to the extent of the proceeds received by the Borough after deduction
of all reasonable expenses of disposal, the Borough shall pay the
contractor for towing and storage fees. If the Borough refuses this
option, the contractor may dispose of such vehicles in accordance
with applicable law.
g.
The contractor shall provide a permanent log book, in which he shall
log the following information with respect to all vehicles towed and/or
stored: make, model, serial number and registration number of each
motor vehicle towed, together with the name of the owner of the motor
vehicle, if known. The log shall further contain the date and time
of towing and the place from which and to which the vehicle was towed.
The log shall be maintained at the storage facility and shall not
be removed from said facility for at least three years after the date
the last vehicle was stored under this section.
[Ord. No. 643-2011]
All contractors agree to indemnify and hold the Borough of Avalon
harmless from and against any loss or claim of damage to property
or personal injury arising out of the contractor's operations pursuant
to this section. Such indemnification shall include out-of-pocket
expenses and reasonable attorney's fees in the event a claim is made
against the Borough.
[Ord. No. 643-2011]
All contractors shall carry the following minimum contracts
of insurance and shall supply documentary proof thereof when requesting
to be placed upon the rotating lists and in December of each year
thereafter.
a.
Comprehensive General Liability Insurance: Not less than $500,000
combined single limit (for bodily injury and property damage) per
occurrence and aggregate, which insurance shall cover damages while
towing, and theft or damage to stored vehicles.
b.
Automobile Liability Insurance: Not less than $500,000 combined single
limits (bodily injury and property damage).
c.
Workers Compensation Insurance: As required by law.
[Ord. No. 643-2011]
The Chief of Police of the Borough of Avalon is hereby designated
as the officer to enforce the provisions of this section in accordance
with applicable law.
[Ord. No. 643-2011]
a.
The Police Department shall maintain a CAD record in which the following
information shall be recorded for each tow:
1.
The date and time of each call.
2.
The name of the contractor called.
3.
The time the contractor arrived on the scene and, in the event of
failure of a towing contractor to respond to the call, the reasons
given in connection therewith.
4.
The make and model of the vehicle towed.
5.
The correct state and license plate number of the vehicle.
6.
The name and address of the owner and driver, if known.
b.
The Police Department shall maintain the following rotating towing
contractor lists:
c.
The following procedures with respect to selections from the lists
shall be observed:
1.
When a call comes in for a tow, the Police dispatcher shall first
go to the primary list to identify the next contractor on the list.
The dispatcher will then determine if that contractor is on the secondary
list for the piece of equipment required for the tow. If so, that
contractor shall be contacted and, if available, assigned to tow the
vehicle. That contractor's name will then be checked off on the primary
list. The name shall not be checked off on the secondary lists, because
the intention is to give all the contractors on the primary list an
equal number of tows, as near as practicable.
2.
If the first contractor contacted is either not on the appropriate
secondary list, or is unavailable, his name will not be checked off
on the primary list, and the next contractor in line on the primary
list shall be contacted and the same procedure will be followed until
a contractor is available, has the appropriate equipment and is assigned
the tow. Each time a contractor is assigned a tow, he must be checked
off the primary list. In that fashion, the first contractor called
for all tows will be the next person in line on the primary list who
has the necessary equipment.
3.
If more than one piece of equipment is required for a tow, the first
person on the primary list who has all the necessary pieces of equipment
that are required, shall be assigned the tow. If more than one vehicle
is to be towed, it shall be considered a single tow and the contractor
called shall be responsible for removing all vehicles unless that
contractor lacks the equipment to handle all of the vehicles in need
of towing. In that event, one or more additional contractors shall
be called in accordance with the procedure set forth herein to tow
the additional vehicle(s).
[Ord. No. 643-2011]
Copies of this section and all rotating lists shall be made
available to the public during normal business hours at the office
of the Avalon Police Department and at the Avalon Borough Clerk's
Office.
[Ord. No. 643-2011]
Nothing in this section shall prevent the owner or the operator
of an automobile from contacting a tower or wrecker of his or her
own choice to remove his or her vehicle from the public streets of
the Borough of Avalon after it has become disabled or otherwise become
inoperable, by virtue of an accident or otherwise. Said owner or operator
shall have a reasonable time within which to obtain a towing contractor
or his or her own choice, at his or her own expense, to remove the
vehicle from the public roadways of the Borough. If the vehicle is
not towed away within a reasonable period of time, the Borough shall
remove said vehicle through one of the Borough's towing contractors
at the owner's expense.
[Ord. No. 643-2011]
a.
Continuation of List. Once a towing contractor is on a list or lists,
the towing contractor shall remain on the list or lists until terminated,
without the necessity of making further requests to be included on
the list(s).
b.
Voluntary Termination. In the event any towing contractor desires
to be removed from the towing list or lists of the Borough he shall
be removed immediately upon delivery of a written request for removal
to the Avalon Police Department.
c.
Involuntary Termination. A towing contractor may be suspended or
removed from the list of towing contractors in the Borough of Avalon
for the following reasons:
1.
Fraudulent or inaccurate application information.
2.
Failure to comply with all laws of the United States and the State
of New Jersey and ordinances of the Borough of Avalon.
3.
Failure to bring the required equipment to the scene after being
called and agreeing to respond.
4.
Failure to maintain the required insurance or failure to provide
the Borough with proof of same.
5.
Failure to have the required storage facility and/or to keep it in
proper repair.
6.
Failure to respond for a tow within the required time limits.
7.
For failure to comply with the requirements of this section.
d.
Decision to Suspend or Terminate. The decision to suspend or remove
the towing contractor shall be made by the enforcing officer, who
shall notify the towing contractor, in writing, by certified mail,
return-receipt requested, at the towing contractor's place of business,
or by personal delivery to the towing contractor, his agents, servants
or employees.
e.
Right to Appeal Suspension or Termination. If the towing contractor
is dissatisfied with the action of the enforcing officer the contractor
may request a hearing by written request delivered to the Borough
Administrator within 10 days of the receipt of the determination by
the enforcing officer. The Administrator shall then schedule and hold
a hearing. The towing contractor can appear in person or make his
case in writing. The enforcing officer shall appear at the hearing
in person or by an agent with knowledge of the facts, or the enforcing
officer may supply the facts and reasons for his decision in writing.
The Borough Administrator shall make a decision within seven days
of the date of the hearing, in which he may affirm, reverse, or modify
the action taken by the enforcing officer.
[Ord. No. 725-2015]
a.
Whenever any tangible personal property is
1.
Abandoned, parked, or otherwise placed on any Borough property or
facility under Borough control in violation of any state law or regulation
or Borough ordinance; or
2.
Affixed by any means to any Borough property or facility under Borough
control except where specifically authorized by the Borough, such
as a bicycle rack or kayak rack; or
3.
Affixed by any means to any utility pole, street sign or other similar
structure; or
4.
Affixed by any means to any tree or shrub located in the public right-of-way;
or
5.
Placed upon any public sidewalk or public right-of-way in such a
manner as to create an obstruction to or otherwise impede the flow
of pedestrian or vehicular traffic, or in such a manner as to create
a hazard or threat to public safety or convenience, or in such manner
as to create a nuisance;
Then such personal property shall be removed and impounded by
the Chief of Police or any member of the Police Department designated
by the Chief; or by the Code Enforcement Official; or by any Borough
Department Head or his/her designee operating under the direction
of the Chief of Police.
The provisions of Subsections 1 through 5 above shall apply also to any county road, roadway or county right-of way located within the Borough of Avalon and also to the waters and waterways adjacent to the Borough of Avalon.
For purposes of this section property shall be considered abandoned
if the owner has intentionally given up possession under circumstances
evincing an intent to give up ownership.
b.
Impounded property shall be held in the care, custody and control
of the Chief of Police until the same is lawfully claimed by the owner
or his/her duly authorized agent or until such property is lawfully
disposed of in accordance with applicable law or statutes
c.
The Chief of Police, or any member of the Police Department acting
for him, shall notify the legal owner of such property, in writing
by personal service or by certified mail, at the last known address
of the owner, of the impounded personal property and the reason for
such impoundment. If the identity of the owner is not known and cannot
be ascertained, the notice requirement shall not apply.
d.
Any owner of impounded property who seeks to recover such property
will be required to establish proof of ownership to the satisfaction
of the Avalon Police Department and pay the impound fee established
herein.
e.
Prior to impounding any tangible property, the Chief of Police or
his designee, or other Borough official, shall first make a reasonable
effort to learn the identity of the owner or custodian of such property
and attempt to have such owner or custodian remove such property promptly.
If the owner or custodian cannot be ascertained, or if contacted and
such owner or custodian refuses, fails or neglects to remove and/or
reclaim such property within a reasonable period of time, then such
property shall be impounded in accordance with the provisions of this
section. The determination of what constitutes a reasonable period
of time shall be dependent upon such factors as the location of the
subject property, the nature of the hazard, peril or obstruction being
created, the nature of the nuisance being created or maintained by
the continuation of the property in such location.
Such prior efforts to identify and notify the owner or custodian
shall not be required when the offending property poses an imminent
threat or obstruction to vehicular or pedestrian traffic or otherwise
poses an imminent threat to the public health or safety. In such a
case the property may be impounded prior to notification but following
impounding, efforts to identify and notify the owner or custodian
shall be carried out as provided in this subsection.
[Ord. No. 725-2015]
a.
Any personal property impounded pursuant to this section shall be
retained until the owner or his duly authorized agent shall have paid
the sum of $50 as an impound fee plus an additional impound storage
fee in the amount of $20 after the first day and for each and every
day thereafter that such personal property is retained and impounded.
b.
In the event that more than one item of personal property is impounded,
the impound fees established herein shall apply to each item impounded.
[Ord. No. 725-2015]
Any tangible personal property that has been impounded by the
Borough and which has been held for six months or more, and if the
owner or the owner's whereabouts is unknown and cannot be ascertained,
or if said owner shall refuse to claim the personal property and pay
the fees as provided herein or otherwise refuse or neglect to comply
with this section, then such tangible personal property shall be disposed
of in accordance with the provisions of N.J.S.A. 40A:14-157.
[Ord. No. 725-2015]
The provisions of this section shall apply only to those situations
and circumstances where a particular section of the Code does not
provide a specific procedure for the impoundment, redemption and disposal
of impounded property. Where a specific procedure for impounding property
and dealing with such impounded property is established, then the
particular section shall be controlling and shall take precedence
over this general provision.
