[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:
| • | The demolition, construction, alteration, or repair or any building or structure; |
| • | Any excavation work conducted in relation to demolition, construction, alteration, or repair of any building or structure; |
| • | 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; |
| • | The delivery, removal, cleaning or other servicing of dumpsters at the construction site; |
| • | The loading and unloading of dumpsters with construction materials and debris; |
| shall be permitted only on such days and during hours and during such time periods as specified below: |
| Activity | Off-Season | In-Season |
|---|---|---|
| [Monday after the second Sunday in September through the Sunday before the third Monday in June] | [From the third Monday in June through and including the second Sunday in September] | |
| Building and construction activity - inclusive of site work involving landscape construction but excluding routine landscape maintenance (see Chapter 20) (hereafter "construction"): | ||
| Monday through Friday | 7:00 a.m. to 7:00 p.m. | 8:00 a.m. to 5:00 p.m. |
| Saturday | 8:00 a.m. to 5:00 p.m. | 8:00 a.m. to 5:00 p.m., except 8:00 a.m. to 4:00 p.m. in July and August |
| Sunday | 9:00 a.m. to 5:00 p.m. | No construction activity |
| Prohibited work on Saturday - July and August only | 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.] |
| Holidays | Construction prohibited on: | Construction prohibited on: |
| Easter Sunday | ||
| Memorial Day* | July 4* | |
| Thanksgiving Day only | Labor Day* | |
| Christmas Day only | ||
| *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. | ||
| Other prohibited or restricted work or activity: | ||
| Demolition of buildings and other structures: | ||
| Monday through Friday | 7:00 a.m. to 7:00 p.m. | Demolition is prohibited between July 1 and Labor Day |
| Saturday | 8:00 a.m. to 5:00 p.m. | |
| Sunday | 9:00 a.m. to 5:00 p.m. | |
| Installation of piles or pilings: | ||
| Monday through Friday | 7:00 a.m. to 7:00 p.m. | 8:00 a.m. to 5:00 p.m. |
| Saturday | 8:00 a.m. to 5:00 p.m. | 8:00 a.m. to 5:00 p.m.** |
| Sunday | 9:00 a.m. to 5:00 p.m. | Prohibited |
| **Prohibited on Saturday and Sunday during July and August | ||
| Landscape contractors: | ||
| Landscape construction | Same as construction activity | Same as construction activity |
| Landscape maintenance | ||
| Daily - Sunday to Saturday | No restrictions apply | 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.
