[2000 Code § 3-1.1; New]
a.
No person shall serve, sell, dispense, drink or consume any alcoholic
beverage or have in their possession an open container containing
an alcoholic beverage on a public street, highway, avenue, alley or
road of the City or upon any public grounds, parks, sidewalks, beaches,
marine basins, beachfronts, or boardwalks in the City, or in any nonoperating
automobile, other vehicle or in any other means of transportation
on the public streets, highways, alleys, avenues, grounds, sidewalks,
beaches, parks, marine basins, beachfronts or boardwalks in the City.
[2000 Code § 3-1.2]
a.
BUSINESS or MERCANTILE ESTABLISHMENT
Definitions. As used in this section:
shall mean any dance hall, theater or any place of amusement,
but shall not include any hotel, motel or rooming house of bona fide
restaurant.
b.
Owner and Employees to Prohibit Consumption. No owner, agent or employee
of any business or mercantile establishment shall suffer or permit
any person to consume any alcoholic beverage, as defined in N.J.S.A.
33:1-1 et seq., upon the premises, or furnish ice, glasses or other
beverages to be used in conjunction with the consumption of alcoholic
beverages unless such consumption is permitted on the premises pursuant
to a valid liquor license issued by the City.
c.
Bringing Alcoholic Beverages for Consumption Prohibited. No person
shall consume any alcoholic beverage, as defined in N.J.S.A. 33:1-1
et seq., or bring with intent to consume any alcoholic beverage upon
the premises of any business or mercantile establishment unless such
consumption is permitted upon the premises pursuant to a valid liquor
license issued by the City.
[2000 Code § 3-3.1]
a.
It shall be unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes any alcoholic
beverage on private property. Violations of this section shall be
punishable by a fine of two hundred fifty ($250.00) dollars for the
first offense and three hundred fifty ($350.00) dollars for any subsequent
offense.
b.
In addition to the fine imposed pursuant to this section, the Court
may, suspend or postpone for six (6) months, the driving privilege
of the defendant. Upon 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 this section. If a person at the time of the imposition
of the sentence is less than seventeen (17) years of age, the period
of license postponement, including the 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).
c.
If a person, at the time of the imposition of a sentence, imposed
pursuant to this section, has a valid driver's license issued by this
State, the Court shall immediately collect the driver's license and
forward it to the 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.
d.
The Court shall inform the person in writing pursuant to P.L. 2000,
Chapter 33, amending R.S. 40:48-1, as to the potential consequences
of violating the period of suspension of postponement.
e.
This section shall not be construed to prohibit an underage 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.
1.
For purposes of this section, "guardian" is defined as a person who
has qualified as a guardian of the underage person pursuant to testamentary
or Court appointment.
2.
Pursuant to this section "relative" shall be defined as the underage
person's grandparent, aunt or uncle, sibling, or any other person
related by blood or affinity.
f.
This section shall not be construed to prohibit possession of alcoholic
beverages by any person while actually engaged in the performance
of employment by a person who is licensed under Title 33 of the Revised
Statutes of the State of New Jersey, or 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.
[Ord. No. 2016-36; amended 10-26-2022 by Ord. No.
2022-13]
It shall be unlawful and shall be a public nuisance for any
person: to urinate or defecate in public places or streets, or on
the lawns or yards of private homes and residences, or in the public
view. Any person violating the provisions of this section shall, upon
conviction, be liable for a minimum fine of one hundred ($100.00)
dollars and a maximum fine of one thousand ($1,000.00) dollars.
[Ord. No. 3018]
a.
Smoking Prohibited in Certain Public Parks. No person shall smoke
any cigarettes, cigars or other tobacco products at any time in those
public parks which have been designated as smoke-free parks by the
Mayor and City Council on a list to be established annually by resolution.
b.
Discarding of Cigarette Butts and Tobacco Products Prohibited. No
person shall throw or discard any cigarette butts, cigar butts, and/or
any other tobacco products at any time in those public parks which
have been designated as smoke-free parks by the Mayor and Council
on a list to be established annually by resolution.
c.
Smoke-Free Zone Signs. The City shall attach or erect appropriate
signage indicating "City of Asbury Park Smoke-Free Zone" to all such
public parks designated as smoke-free by the May or and Council.
d.
Penalties. The penalty for violation of this section shall, upon
conviction, be two hundred fifty ($250.00) dollars for the first offense,
five hundred ($500.00) dollars for the second offense, and one thousand
($1,000.00) dollars for each subsequent offense.
[2000 Code § 3-8.1; Ord. No. 2823; Ord. No. 2901; Ord. No. 2018-45]
The map entitled, "Drug Free Zone Map," produced by the City
Engineer, Brian Grant, P.E., dated February 1, 2007, and last revised
April 14, 2009, and now revised by the City Engineer Christine Ballard
with a map date of September 19, 2018 and certified as accurate according
to the certification which may be found on file in the office of the
City Clerk as annexed to Ordinance No. 2901, is hereby approved and
adopted by the Mayor and City Council of the City of Asbury Park as
the official finding and record of the location and boundaries of
the area or areas on or within five hundred (500) feet of all real
property within the City of Asbury Park that comprise a public housing
facility, a public park or a public building.
[2000 Code § 3-8.2; Ord. No. 2901]
The original map approved by this section, this section and
the certification annexed to Ordinance No. 2901 as Exhibit A, or true
copies of these documents, shall be forwarded to the Clerk of the
County of Monmouth and to the office of the Monmouth County Prosecutor.
[2000 Code § 3-9.1; Ord. No. 2823; Ord. No. 2901; Ord. No. 2018-45]
The map entitled, "Drug Free Zone Map," produced by the City
Engineer, Brian Grant, P.E., dated February 1, 2007, and revised April
14, 2009, and now revised by the City Engineer Christine Ballard with
a map date of September 19, 2018 and certified as accurate according
to the certification which may be found on file in the office of the
City Clerk as annexed to Ordinance No. 2901, is hereby approved and
adopted by the Mayor and City Council of the City of Asbury Park as
the official finding and record of the location and boundaries of
the area or areas on or within one thousand (1,000) feet of all property
within the City that is used for school purposes, or which is owned
by or leased to any elementary or secondary school or school board.
[2000 Code § 3-9.2; Ord. No. 2823; Ord. No. 2901]
The "Drug Free Zone Map" approved and adopted pursuant to § 3-7.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within one thousand (1,000) feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug Free Zones.
[2000 Code § 3-9.3]
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 § 3-9.4]
The City Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 3-7.1, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may 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 Monmouth County Prosecutor.
[2000 Code § 3-9.5; Ord. No. 2823]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to § 3-7.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools within the municipality;
2.
The boundaries of the real property 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 one thousand
(1,000) feet of such school property.
b.
Pursuant to the provisions of P.L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection a1 of this subsection. 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.
c.
All of the requirements set forth in P.L. 1988, c. 44 concerning
the preparation, approval and adoption of a Drug Free Zone Map have
been complied with.
[2000 Code § 3-10]
a.
No person shall discharge any firearm within the City. The word "firearm"
includes any pistol, revolver, shotgun, rifle, air gun, air pistol,
or any other instrument from which any shot, bullet or other missile
is propelled with sufficient force to injure a person.
b.
This section does not apply to any person authorized to discharge
a firearm by reason of his/her membership in any Police Department
or other law enforcement agency or any Police Officer or other person
authorized by law to carry and discharge firearms in the carrying
out of his/her duties, or the discharge of a firearm for any lawful
purpose.
[Ord. No. 2932 § 3-25.1]
Excessive sound is a serious hazard to the public health, safety
and welfare, and to the quality of life of the residents of the City
of Asbury Park, and is hereby declared to be a public nuisance. The
residents of the City of Asbury Park have a right to and should be
insured an environment free from excessive sound. The following regulations
are enacted to prevent excessive sound that may jeopardize the health,
safety or welfare of the City's citizens or degrade their quality
of life.
[Ord. No. 2932 § 3-25.2]
As used in this section:
shall mean any work or action necessary to deliver essential
services including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, and public transportation, removing fallen
trees on public rights-of-way, or abating life threatening conditions.
shall mean an unenclosed motor vehicle having a saddle for
the use of the operator and two (2) or three (3) wheels in contact
with the ground, including, but not limited to, motor scooters, mopeds,
mini-bikes and ATVs.
shall mean any vehicle that is propelled or drawn on land
by an engine or motor, such as, but not limited to, passenger cars/automobiles,
buses, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles,
amphibious craft on land, dune buggies, or racing vehicles, but not
including motorcycles.
shall mean a sound dissipative device or system for abating
the sound of escaping gases of an internal combustion engine.
shall mean any sounds of such level and duration which are,
or tend to be, injurious to human health or welfare, or which would
unreasonably interfere with the enjoyment of life or property.
shall mean any individual, firm, corporation, company, association,
society, club, partnership, joint stock company, or any other form
of association or organization, and shall also include the State or
any political subdivision thereof, and any agency or instrumentality
of the State.
shall mean any street, avenue, boulevard, road, highway,
sidewalk, alley, or similar place that is leased, owned or controlled
by, or otherwise under the jurisdiction of, a governmental entity.
shall mean any real property or structures thereon that are
owned or controlled by the City of Asbury Park or other governmental
entity.
[Ord. No. 2932 § 3-25.3]
It shall be unlawful for any person to make, or to cause, suffer
or permit to be made or to be continued, any behavior or loud, unnecessary
or unusual noise, or any noise or act which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of any other person within the corporate limits of the City of Asbury
Park. Such conduct shall be considered a nuisance.
[Ord. No. 2932 § 3-25.4]
The following acts, among others, are declared to be nuisances
in violation of this section, when the noise emanating from such acts
is clearly audible to neighboring property owners or inhabitants,
or clearly audible from at least one hundred (100) feet from the actor,
source or device. The following enumeration shall not be deemed exclusive:
a.
Audio, Video or Musical Devices. The playing or use of any audio,
visual or music devices, including but not limited to radios, stereos,
I-Pods, televisions, musical instruments or equipment, musical amplifying
devices of any kind, or other machines or devices of any kind for
the production or reproduction of sound, in such a manner or in such
volume as to unreasonably annoy or disturb the quiet, comfort or repose
of persons in any dwelling unit or other type of residence, or while
otherwise on their property, or to disturb the peace, quiet and comfort
of the neighboring inhabitants, or to disturb the peace, quiet and
comfort of any person in general, or to play or operate the same with
louder volume than is necessary for convenient hearing of the person
or persons who are in the room, chamber, venue, place or area in which
said machine or device is operated and who are voluntary listeners
thereto.
b.
Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or
singing on the public streets, or yelling, shouting, hooting, whistling
or singing at any other place, whether public or private, in such
a manner and in such volume and intensity to disturb the peace and
quiet of the neighborhood, so as to annoy or disturb the quiet, comfort
or repose of persons in any office or dwelling, or any other type
of residence, or of any persons in the vicinity.
c.
Sounds of Peddlers, Hawkers and Vendors. The sounds or shouting of
peddlers, hawkers and/or vendors soliciting business in such a manner
and in such volume and intensity to disturb the peace and quiet of
the neighborhood, or so as to annoy or disturb the quiet, comfort
or repose of persons in any office or dwelling, or any other type
of residence, or of any persons in the vicinity.
d.
Loudspeakers and Amplifiers for Advertising. The use, operation,
or permitting the playing, use or operation of any radio, television,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the production or reproduction 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, structure,
store or establishment, except that 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.
e.
Construction. The operation of any equipment used in commercial construction,
repair, alteration or demolition work on buildings, structures, streets
or appurtenances thereto, in residential or commercial zone districts
or in mixed-use zone districts which permit residential uses, as identified
in the City's Land Development Regulations and Zoning Map or as identified
in a duly adopted redevelopment plan, on weekdays between the hours
of 6:00 p.m. and 8:00 a.m. the following day, or between 6:00 p.m.
Saturday night and 8:00 a.m. Monday morning and on legal holidays,
except in the case of emergency work.
f.
Landscaping Equipment. The operation of power mowers and power tools
used in landscaping outdoors between the hours of 8:00 p.m. and 8:00
a.m. the following day.
g.
Loading Operations. Loading, unloading, opening, or otherwise handling
boxes, crates, containers, garbage cans or similar objects between
the hours of 6:00 p.m. and 6:00 a.m. the following day, in such a
manner as to annoy or disturb the quiet, comfort or repose of persons
in any office or dwelling, or any other type of residence, or of any
persons in the vicinity.
h.
Refuse Compacting Vehicles. Operating or permitting the operation
of any motor vehicle which can compact refuse, and which creates,
during the compacting cycle a disturbing noise between 6:00 p.m. and
6:00 a.m. the following day in residential zone districts or in mixed-use
zone districts which permit residential uses, as identified in the
City's Land Development Regulations and Zoning Map or as identified
in the duly adopted redevelopment plan.
i.
Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing
any motor vehicle, off-road vehicle or motorboat in or near a residential
zone district or in or near a mixed-use zone district which permits
residential uses, as identified in the City's Land Development Regulations
and Zoning Map or as identified in a duly adopted redevelopment plan,
in such a manner as to annoy or disturb the quiet, comfort or repose
of persons in any office or dwelling, or any other type of residence,
or of any persons in the vicinity.
j.
Standing Motor Vehicles. Operating or permitting the operation of
a motor vehicle or any attached auxiliary equipment for a period longer
than three (3) minutes in any hour while such vehicle is stationary,
for reasons other than traffic congestion or emergency work, on a
public right-of-way or public space within one hundred fifty (150)
feet of a residential zone district or mixed-use zone district which
permits residential uses, as identified in the City's Land Development
Regulations and Zoning Map or as identified in a duly adopted redevelopment
plan, between the hours of 8:00 p.m. and 8:00 a.m. the following day,
or while on private property in a residential zone district or mixed-use
zone district which permits residential uses, as identified in the
City's Land Development Regulations and Zoning Map or as identified
in a duly adopted redevelopment plan, while not within a completely
enclosed structure.
k.
Bells and Alarms. The sounding or permitting the sound of any alarm,
including but not limited to an alarm on any building or motor vehicle,
or the sounding of bells, unless such alarm or bells shall terminate
operation within fifteen (15) minutes of being activated.
l.
Horns, Signal Devices, etc. The sounding of any horn or signaling
device on any motor vehicle, motorcycle or any other vehicle on any
street or public space within the City of Asbury Park, except as a
danger warning; the creation by means of any horn or signaling device
of any unreasonably loud or harsh sound; or the sounding of any said
horn or signaling device for any unnecessary or unreasonable period
of time; or the use of said horn or signaling device when traffic
is for any reason held up; or the use of any horn, whistle or device
operated by engine exhaust.
m.
Animals, Birds, etc. The keeping of any animal or bird which emits
frequent or long-continued noises, including but not limited to barking,
howling, growling or whining, which disturbs the peace or quiet, or
interferes with the sleep or rest of any person.
n.
Mufflers. The use of a motor vehicle, motorcycle or any other vehicle
on any street or public space within the City of Asbury Park which
does not have a muffler in good working order.
[Ord. No. 2932 § 3-25.5]
The hours referenced in this section shall refer to prevailing
time, i.e., either Eastern Standard Time or Eastern Daylight Savings
Time.
[Ord. No. 2932 § 3-25.6]
This section is intended to apply to and bind all owners, tenants
and occupants of real property within the City of Asbury Park, as
well as to guests at such real property, and to all visitors and passers-by
while within the corporate limits of the City of Asbury Park, and
to all other persons as heretofore defined within this section. This
section shall not apply to representatives and/or employees of the
City of Asbury Park while performing tasks on official business of
the City of Asbury Park, or for specific activities authorized by
the Mayor and City Council.
[Ord. No. 2932 § 3-25.7]
It shall be the duty of the Police Department and the Code Enforcement
Official of the City of Asbury Park to determine whether or not this
section has been and is being complied with and to enforce the provisions
of this section against any person violating the same.
[Ord. No. 2932 § 3-25.8]
Any Police Officer or Code Enforcement Officer of the City of Asbury Park, or any taxpayer or resident of the City of Asbury Park, may make a complaint in the Municipal Court of the City of Asbury Park for any violations of this section, or any subsection, Subsection or provisions thereof. Upon a conviction in such case, for each and every violation, the person committing, taking part in or assisting in such violation or violations shall be liable to the penalties as set forth in Chapter I, Section 1-5.
[Ord. No. 2018-36]
As used in this section:
shall mean:
Approaching or speaking to a person, or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to:
Intentionally touching or causing physical contact with another
person or with an occupied vehicle, without that person's consent,
in the course of soliciting, asking or begging.
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact.
Using violent or threatening gestures toward a person solicited.
see "Beg."
shall mean a device linked to a financial institution's account
records which is able to carry out transactions including, but not
limited to, account transfers, deposits, cash withdrawals, balance
inquiries and mortgage and loan payments.
shall mean the area comprised of one or more automated teller
machines and any adjacent space which is made available to banking
customers after regular banking hours.
shall mean any person or entity licensed by the State of
New Jersey Department of Banking to engage in the business of cashing
checks, drafts or money orders for consideration pursuant to the provisions
of the New Jersey banking laws.
shall mean using the spoken, written or printed word or bodily
gestures, signs or other means with the purpose of obtaining an immediate
donation of money or other item of value or soliciting the sale of
goods or services.
shall mean a place to which the public or a substantial group
of persons has access and includes, but is not limited to, any street,
highway, parking lot, plaza, transportation facility, school, place
of amusement, park, playground, any hallway, lobby and other portion
of an apartment, house or hotel not constituting a room or apartment
designed for actual residence. Public places shall also include door-to-door
begging in an aggressive manner as defined herein.
see "Beg."
[Ord. No. 2018-36]
No person shall:
a.
Solicit, ask or beg in an aggressive manner in any public place.
b.
Solicit, ask or beg within ten (10) feet of any entrance or exit
of any bank or check-cashing business during its business hours or
within ten (10) feet of any ATM during the time it is available for
customers' use; provided, however, that when an ATM is located within
an automated teller machine facility, such distance shall be measured
from the entrance or exit of the automated teller machine facility;
provided, further, that no person shall solicit, ask or beg within
an automated teller machine facility where a reasonable person would
or should know that (s)he does not have the permission to do so from
the owner or other person lawfully in possession of such facility.
Nothing in this subsection shall be construed to prohibit the lawful
vending and services within such areas.
c.
Approach an operator or other occupant of a motor vehicle when such vehicle is located on any street, for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering or soliciting is done in an aggressive manner as defined in § 3-10.1; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
d.
Solicit, ask or beg from an individual(s) who is/are sitting at a
sidewalk café located on Bangs Avenue, Cookman Avenue, Lake
Avenue, Main Street, the Asbury Park boardwalk, or any other location(s)
within the City where a sidewalk café permit has been issued.
e.
Solicit, ask or beg from an individual(s) who is/are waiting in line
for an entertainment-oriented purpose at one of the commercial venues
within the City, or at a restaurant or other type of eating or drinking
establishment within the City.
[Ord. No. 2018-36]
The provisions of this article shall not apply to any unenclosed
ATM located within any building, structure or space whose primary
purpose or function is unrelated to banking activities including,
but not limited to, supermarkets, airports and school buildings, provided
that such ATM shall be available for use only during the regular hours
of operation of the buildings, structure or space in which such machine
is located.
[Ord. No. 2018-36]
[Added 11-21-2023 by Ord. No. 2023-41]
Shall means for the purposes of this section, the following
public areas within the City:
Atlantic Square Park.
Bradley Park.
Cannon Park.
Fireman's Park.
Kennedy Park.
Library Square Park.
Merchant's Square Park.
Pocket Playground/Park (Corner of 4th Avenue and Bergh Street).
St. John's Island.
Springwood Park.
Sunset Lake Memorial Park.
Veterans Park.
Any other public park space not listed above.
|
For purposes of this section, the term "public park" shall not
be construed to include any area(s) of the public beaches at the Asbury
Park beachfront.
|
[Added 11-21-2023 by Ord. No. 2023-41]
a.
With the exception of events which have received a Special Events permit pursuant to Section 4-10 of the City Code, or in cases of other supervised and municipally approved activities, the public parks identified in subsection 3-11.1 above shall be open to the public every day of the year from sunrise to sunset (based upon Eastern Time) and shall be closed to the public at all other times.
b.
No person shall enter or remain in the public parks identified in subsection 3-11.1 above during the hours that the public parks are closed. This restriction shall not, however, affect the right of the public to use the pathways in and through the public parks for the purpose of travel.
c.
The opening and closing hours of the public parks shall be posted
therein for public information.
[Added 11-21-2023 by Ord. No. 2023-41]
This section shall be enforced by the Asbury Park Police. Failure
to comply with any of the provisions set forth in this section may
result in the issuance of a summons.
[Added 11-21-2023 by Ord. No. 2023-41]
[2000 Code § 3-21.1]
As used in this section:
shall mean and include a Police Officer, Code Enforcement
Officer, the Health Officer or his/her agent and/or the Fire Chief
or his/her agent.
shall mean putrescible animal, vegetable or mineral wastes
resulting from the handling, preparation, cooking and consumption
of food.
shall mean garbage, refuse and rubbish as defined herein,
and all other waste material which, if thrown or deposited as herein
prohibited tends to create a danger to public health, safety and welfare.
shall mean a container suitable for depositing litter.
shall mean the Code Enforcement Officer, the Health Officer
or his/her agent, or a Police Officer.
shall mean any and all streets, gutters, sidewalks, boulevards,
alleys or other public ways; any and all public parks, squares, spaces,
grounds, and buildings; any pond, lake or stream or other body of
water within the City or on its borders.
shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid, residential, commercial
and/or industrial wastes.
shall mean nonputrescible solid wastes, consisting of both
combustible and noncombustible wastes, including but not limited to
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[2000 Code § 3-21.2]
a.
No person, including merchants owning or occupying a place of business,
shall sweep, throw or deposit litter in or upon any occupied, open
or vacant property whether owned by such person or not, or in any
public place within the City except in public receptacles or in authorized
private receptacles for collection. Persons placing litter in public
receptacles or in authorized private receptacles shall do so in such
manner as to prevent it from being carried or deposited by the elements
in, upon, or about any public place or private property. Persons owning
or occupying property shall keep the sidewalk in front of their premises
free from litter.
b.
No owner, occupant or tenant of any store, dwelling or building within
the City, or his/her agent, or employee, shall sweep, throw or deposit,
or permit to be swept, thrown or deposited any paper, dirt, garbage,
rubbish or any waste or other material of any kind, from his/her store,
dwelling or other building, on, into, or upon the sidewalk or gutter
in front of the premises occupied by him/her, unless the material
is contained in receptacles or deposited in the manner required by
City ordinances.
c.
No person shall throw, scatter or deposit on any sidewalk, street,
bridge or public passageway, public place, or private property, lake
or waterway, or on any crosswalk in any street, any fruit or vegetable,
trash, garbage, rubbish, waste or other material or substance.
[2000 Code § 3-21.3]
No person while a driver or passenger in a vehicle, shall throw
or deposit litter in, upon, or about any public place or private property
within the City.
[2000 Code § 3-21.4]
No person shall drive or move any truck or other vehicle within
the City unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any
public place or private property within the City.
[2000 Code § 3-21.5]
No person shall bring, cart or transport any litter into this
City for the purpose of dumping or disposing thereof, unless so permitted
by the authorized Municipal Officer of the City.
[2000 Code § 3-21.6; New]
No person shall cast or place, or cause to be cast or placed
any advertisement, handbill, circular or paper on any public street
or on the sidewalks thereof, or into any vestibules or yards, or upon
porches of any dwelling house or other building, or on any vehicle
while on any roadway, street or parking lot, public or private; provided,
however, that this section shall not apply to newspapers and addressed
envelopes delivered to subscribers and addressees. Advertisements,
handbills, circulars and papers may be distributed in the City provided
the same are securely placed at each dwelling so as not to be blown
away by the wind.
[2000 Code § 3-21.6]
No person shall place any bill, poster, dodger or other advertising
matter upon any post, tree or other object standing in the public
street in the City. This does not apply to the posting of notices
authorized to be posted by the City Code.
[2000 Code § 3-21.8; New]
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 to the owner of the property, in any place not specifically
designated for the purpose of solid waste storage or disposal.
Any person who is found to be in violation of this section and/or N.J.S.A. 13:1E-9 shall be liable to the penalty stated in Chapter I, Section 1-5 and N.J.S.A. 13:1E-9.
All conveyances used or intended for use in the willful discharge,
in violation of this section and/or the provisions of N.J.S.A. 13:1E-9
of any solid waste, or hazardous waste, are subject to forfeiture
to the State pursuant to the provisions of N.J.S.A. 13:1K-1 et seq.
Any member of the public who supplies information to an enforcing
authority which proximately results in the imposition and collection
of a civil penalty as a result of a civil action; or any code, rule
or regulation promulgated, administrative order issued, or assessment
imposed pursuant thereto, shall be entitled to a reward of ten (10%)
percent of the civil penalty collected, or two hundred ($200.00) dollars,
whichever amount is greater. The reward shall be paid by the City
from any money received by the City pursuant to Subsection (i) of
Section 9 of P.L. 1970, c. 39 (N.J.S.A. 13:1E-9) and this section.
[2000 Code § 3-21.9]
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no singular linear quarter (1/4)
mile without a receptacle; buildings held out for the use by the public,
including schools, government buildings, railroad and bus stations,
parks and drive-in restaurants; all street vendor locations; self-service
refreshment areas; construction sites; gasoline service station islands;
shopping centers; parking lots; beaches and bathing areas; at special
events to which the public is invited, including sporting events,
parades, carnivals, circuses and festivals. The proprietors of these
places or the sponsors of these events shall be responsible for providing
and servicing the receptacles such that adequate containerization
is available.
[2000 Code § 3-21.10]
No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter from
any public or private sidewalk or driveway. Every person who owns
or occupies property shall keep the sidewalk in front of his/her premises
free of litter. All litter sweepings shall be collected and properly
containerized for disposal.
[2000 Code § 3-21.11]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
[2000 Code § 3-21.12]
It shall be unlawful for any owner, agent or contractor in charge
of a construction or demolition site to permit the accumulation of
litter before, during or immediately following completion of any construction
or demolition project. It shall be the duty of the owner, agent or
contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas and to maintain and empty the
receptacles in such a manner and with such a frequency as to prevent
spillage of refuse. See also Chapter XII, Building and Housing for
additional construction regulations.
[2000 Code § 3-21.13]
It shall be the duty of the owner, lessee, tenant, occupant
or person in charge of any structure to keep and cause to be kept
the sidewalk and curb abutting the building or structure free of obstruction
or nuisances of every kind, and to keep sidewalks, area ways, backyards,
courts and alleys free from litter. See also Chapter XVI for regulations
on streets and sidewalks. For additional regulations on property maintenance,
see Chapter XIII.
[2000 Code § 3-21.14]
It shall be unlawful to store tires in any areas zoned residential
except in a fully enclosed structure.
[2000 Code § 3-21.17]
The penalty for each violation shall be as stated in Chapter I, Section 1-5. If the violation is of a continuing nature, each day during which it continues constitutes a separate and distinct offense.
[2000 Code § 3-21.18]
In the event that the owner or possessor of private property
or land shall refuse or neglect to abate or remedy the condition which
constitutes a violation of this section, the City may cause the condition
to be abated and remedied. Upon the removal of any materials prohibited
to be stored or abandoned on land by this section by or under the
direction of an appointed officer or officers of this jurisdiction,
in cases where the owner or tenants shall have refused or neglected
to remove the materials within five (5) days of receiving a notice
of violation, such officer shall certify the cost thereof to the City,
which shall examine the certificate and if found correct, shall cause
the cost as shown thereon to be charged against the land and will
be added to and become and form part of the taxes next to be assessed
and levied upon the lands. The lien shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officers
and in the same manner as taxes.
[2000 Code § 3-21.15a]
No person shall park or leave unattended any waste or refuse
container, commonly known as a roll-off dumpster, or roll-off container,
on or along any highway or public property, without the written consent
of the Code Enforcement Office. Consent shall be valid and remain
in effect for a period of not more than thirty (30) days, but may
be renewed by the appropriate official upon re-application.
[2000 Code § 3-21.15b]
A fee in the amount of fifty ($50.00) dollars shall be charged
for the issuance of a dumpster permit to offset the costs of inspections
and processing of the permit application.
[2000 Code § 3-21.15c]
To warn the operators of vehicles of the presence of a traffic
hazard requiring the exercise of unusual care, any roll-off dumpster
or roll-off container parked on or along any highway or street within
the municipality shall be equipped with and display markers consisting
of all yellow reflective diamond-shaped panels having a minimum size
of eighteen (18) inches by eighteen (18) inches. These panels shall
be mounted at the edge of the dumpster or container at both ends nearest
the path of passing vehicles and facing the direction of oncoming
traffic. These markers shall have a minimum mounting height of three
(3) feet from the bottom of the panels to the surface of the roadway.
Editor's Note: Prior source history includes the 2000 Code § 3-31.2;
Ord. No. 2610 and Ord. No. 2015-29.
[Ord. No. 2016-04]
The owner(s) or tenant(s) of premises abutting or bordering
upon any street, roadway, alleyway or lane in the City of Asbury Park
shall remove all snow or ice from the abutting sidewalks of such streets.
In the case of ice which may be so frozen as to make removal impractical,
the owner(s), occupant(s) or tenant(s) shall cause the same to be
thoroughly covered with sand, salt or cinders. Removal of snow and
ice, or treatment of ice where required, shall be done within twelve
(12) hours of daylight after snow falls or ice is formed on said sidewalks.
In the event of a declared State of Emergency by the Federal Government,
Governor or the City, the removal of snow and ice shall be completed
within twenty-four (24) hours.
[Ord. No. 2016-04]
If snow and ice are not removed, or treated as indicated in § 3-16.1, within the time period permitted, it may be removed or treated by the Department of Public Works or other employees or agents of the City of Asbury Park. The cost as best can be ascertained, shall be billed to the property tax owner as per the most recent tax duplicate and, if said bill is not paid within thirty (30) days, a lien shall be placed upon the property and shall be added to, recorded and collected in the same manner as taxes next to be assessed and levied upon such premises. The imposition and collection of any fine imposed by the provisions of this section shall not constitute any bar to the right of the City to collect the costs as certified for the removal of any snow and/or ice. All fees, including work performed by the Department of Public Works, legal fees, filing fees and other associated costs shall be billed or liened as appropriate.
[Ord. No. 2016-04]
No person, including the owner, tenant or occupant of any lands
or premises shall place, deposit, throw or shovel any snow or ice
into or upon any street, roadway, alleyway or lane of the City of
Asbury Park.
[Ord. No. 2016-04]
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalties provided by Chapter I, Section 1-5, including a penalty of not more than five hundred ($500.00) dollars or imprisonment for a term not exceeding fifteen (15) days or both for a first offense.
[2000 Code § 3-37]
No garage keeper or automobile dealer shall park or store any
vehicle, or parts, tools or equipment, on any street or sidewalk in
the City. No person shall place a "For Sale" sign on any vehicle parked
on any street in the City.
[2000 Code § 3-12.1]
The application of what is commonly known as "graffiti," on
both public and private spaces and property in the City of Asbury
Park causes a serious defacement of such spaces and property and contributes
to the deterioration of property values, infringes upon the public's
right to enjoyment of its public and private spaces and is thus contrary
to the public health and welfare. In addition, such contempt for the
property rights of private citizens and taxpayers alike contributes
to the erosion of law and order and contributes to the deterioration
of the quality of life of the community and must be opposed. This
section is intended not only to deter and penalize the application
of graffiti, but also to enact measures to enforce its removal and
to restrict the availability of its instrumentalities.
[2000 Code § 3-12.2]
a.
No person shall apply graffiti, or write, print or draw or otherwise
make any inscription, with ink, paint or other substance on the real
or personal property of another, whether the personal or real property
be publicly or privately owned, including, but not limited to, any
bridge, building, public transportation vehicle or facility, rock,
wall, sidewalk, street or other exposed surface without the permission
of the owner.
b.
This section shall not be construed to prohibit:
1.
Easily removable chalk markings on public sidewalks and streets in
connection with traditional children's games, including, but not limited
to baseball, stickball, handball, hopscotch and the like; and
2.
Temporary, easily removed chalk markings in connection with any lawful
business or public purpose or activity.
[2000 Code § 3-12.3]
a.
It shall be the responsibility of the owner of real or personal property
whose property has been defaced by graffiti, or otherwise written,
printed, drawn or inscribed upon with ink, paint or other substance,
to remove the same from his or her real or personal property in a
professional, workmanlike manner and restore it as nearly as possible
to its original condition within thirty (30) days of written notification
to do so from the enforcing authority.
b.
Enforcement authorities shall include the Department of Police, the
Department of Building and Housing, the Department of Public Works
and the Department of Planning and Redevelopment.
[2000 Code § 3-12.4]
a.
It shall be unlawful for any parent, legal guardian or other person
having custody and care of any minor child under the age of eighteen
(18) years to assist, aid, abet, allow, permit or encourage the minor
to violate the provisions of this section, as defined herein, either
by words, overt act, by failing to act, or by lack of supervision
and control over the minor child.
b.
Any minor child under the age of eighteen (18) years apprehended
for a violation of this section shall be brought before a Judge of
the Monmouth County Juvenile and Domestic Relations Court, and their
parent, legal guardian or other person having care and custody of
the minor shall be summoned, or arrested, and brought before the Municipal
Court of the City of Asbury Park and be subject to the penalties provided
herein.
[2000 Code § 3-12.5]
a.
INK MARKER
SPRAY PAINT
Definitions. As used in this section:
shall mean any marker containing ink or fluid which is not
water soluble and has a brush applicator, or other writing surface,
that is one-half (1/2) inch or greater in length or width.
shall mean any paint or pigmented substance in an aerosol
or similar spray container, or intended for use in an aerosol or similar
spray container.
b.
Possession Prohibited. It shall be unlawful for any person to possess
spray paint or ink markers on the property of another, or in any public
building, or at any public facility, or on any public way with the
intent to use the same to deface any building, structure or property.
It shall be a defense to an action for violation of this section that
the owner, manager, or other person having control of the property,
building or facility, consented to the presence and use of the paint
or ink marker. This prohibition shall also not apply to any employee
of a public utility, or of the Municipal, State or Federal government
using spray paint or a marker within the scope of his or her prescribed
duties.
c.
Possession by Person Under Eighteen (18). No person under the age
of eighteen (18) shall possess any spray paint or any ink marker.
This prohibition shall not apply in the following circumstances:
1.
A child using paint or ink markers while under the immediate supervision
of his or her parent or legal guardian; and
2.
A student using paint or ink markers while under the immediate supervision
of his or her teacher; and
3.
An employee using paint or ink markers under the supervision of his
or her employer.
d.
Sale of Spray Paint and Ink Markers Prohibited to Persons Under Eighteen
(18). It shall be unlawful for any person to sell, or offer to sell,
to any person under eighteen (18) years of age any spray paint, or
hobby kit or any similar kind of kit containing spray paint and/or
any ink markers. No person may sell or offer to sell any of the items
defined in this section to any other person unless the buyer presents
evidence of his or her identity and age.
[2000 Code § 3-12.6; Ord. No.
2767]
a.
Every person who engages in the business of selling spray paint or
ink markers regulated by this section, shall post in clear public
view at or near the display of such products using bold lettering
at least one (1) inch in height a placard stating as follows:
|
GRAFFITI ORDINANCE NO. 2499
|
|
ANY PERSON DEFACING REAL PROPERTY NOT HIS OR HER OWN WITH PAINT
OR ANY OTHER LIQUID IS SUBJECT TO A FINE OF $2,000.00 OR IMPRISONMENT
FOR UP TO NINETY (90) DAYS AND N.J.S.A. 2C:33-25.
|
b.
Every person who engages in the business of selling spray paint,
or ink markers regulated by this section shall also post in the direct
view of such persons or persons responsible for accepting customer
payment for spray paint or ink markers, using bold lettering at least
one (1) inch in height a placard stating as follows:
|
IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY SPRAY PAINT OR WIDE-TIPPED
MARKERS TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE IN THE CITY OF
ASBURY PARK. VIOLATORS SHALL BE SUBJECT TO A FINE OF UP TO $2,000.00
OR IMPRISONMENT FOR UP TO NINETY (90) DAYS AND N.J.S.A. 2C:33-5.
|
[2000 Code § 3-12.7]
a.
No person shall aid, assist, or abet a person under the age of eighteen
(18) in obtaining possession of spray paint or any ink markers. This
prohibition shall not apply to:
1.
A parent or legal guardian assisting and supervising his or her own
child or ward in the use of paint or ink markers;
2.
A teacher, assisting and supervising, his or her student in the use
of paint or ink markers; or
3.
An employer assisting and supervising his or her employee in the
use of paint or ink markers.
[2000 Code § 3-12.8]
Any person who is convicted of a violation of this section shall, upon conviction, be liable to the penalties set forth in Chapter I, Section 1-5.
[2000 Code § 3-6.1; Ord. No. 2997]
This section shall be known and may be cited as the "Curfew
Regulations of the City of Asbury Park."
[2000 Code § 3-6.2; Ord. No. 2997]
As used in this section:
shall mean a person under the age of eighteen (18), or an
equivalent phrasing often herein employed, any person seventeen (17)
or less years of age.
shall mean any person having legal custody of a minor:
shall mean a way or place, of whatsoever nature, open to
the use of the public as a matter of right for purposes of vehicular
traffic or in the case of sidewalk thereof for pedestrian travel.
The term street includes the legal right-of-way, including but not
limited to, the cartway or traffic lanes, the curb, the sidewalks
whether paved or unpaved, and any grass plots or other grounds found
within the legal right-of-way of a street. The term "street" applies
irrespective of what it is called or formally named, whether alley,
avenue, court, road or otherwise. The term street also includes the
boardwalk, shopping areas, parking lots, public buildings, and similar
areas that are open to the use of the public.
shall mean and is based upon the prevailing standard of time,
whether Eastern/Standard Time or Eastern/Daylight Saving Time, generally
observed at that hour by the public in the City, or then observed
in the Police station.
shall mean and continue from one (1) birthday, such as the
seventeenth, but not including the day of the next, such as the eighteenth
birthday; making it clear that seventeen (17) or less years of age
is herein treated as equivalent to the phrase "under eighteen years
of age." Similarly, for example, thirteen (13) or less years of age
means under fourteen (14) years of age.
[2000 Code § 3-6.3; Ord. 331 No. 2997]
a.
It shall be unlawful for any persons seventeen (17) or less years
of age to be or remain in or upon the public streets, highways, roads,
public places and/or public buildings, places of amusement and/or
entertainment, public transportation facility, public vehicles used
for transportation, vacant lots or other public places within the
confines of the City at night, during the period ending at 6:00 a.m.
and beginning:
b.
In addition, it shall be unlawful for any parent or guardian to allow
or permit any minor to be in or upon any public streets, highways,
roads, public places and/or public buildings, places of amusement
and/or entertainment, public transportation facility, public vehicles
used for transportation, vacant lots or other public places within
the confines of the City at any time during the hours in which said
minor's school is in session, unless such minor has been officially
excused (excluding suspension and expulsion) from attendance at such
school by school authorities.
c.
Similarly, it shall be unlawful for any owner, operator or employee
of an establishment to knowingly allow or permit any minor to remain
in or upon such establishment at any time during the hours in which
such minor's school is in session, unless such child has been officially
excused (excluding suspension and expulsion) from attendance at such
school by school authorities.
[2000 Code § 3-6.4; Ord. No. 2997]
In the following exceptional cases, a minor on a City street during the periods of time prohibited under § 3-22.3, shall not, however, be in violation of the curfew regulations when any of the following shall occur:
a.
When accompanied by a parent of such minor.
b.
When accompanied by an adult authorized by a parent of such minor
to take the parent's place in accompanying the minor for a designated
period of time and purpose within a specified area.
c.
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly. Such minor shall evidence the bona fides
of such exercise by having in his/her possession a written communication,
signed by such minor and countersigned, if practicable, by a parent
of such minor with their home address and telephone number, specifying
when, where and in what manner the minor will be on the streets at
night, an exercise of a First Amendment right specified in such communication.
d.
When the minor is returning home from a night school, fraternity,
church, social or school meeting, or is en route to or returning from
a doctor or dentist office, where treatment has been rendered or is
to be rendered by such doctor or dentist, provided such minor can
evidence the rendering of treatment or the need for treatment by a
physician's statement.
e.
When the minor is no more than fifty (50) feet from the minor's place
of residence.
f.
When the minor carries a certified card of employment or worker's
permit, pursuant to State Law.
g.
When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. This clearly exempts bona fide interstate
movement through the City and interstate travel beginning or ending
in the City.
[2000 Code § 3-6.5; Ord. No. 2997]
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain in or upon any public streets, highways, roads,
public places and/or public buildings, places of amusement and/or
entertainment, public transportation facility, public vehicles used
for transportation, vacant lots or other public places within the
confines of the City under circumstances not constituting an exception,
or otherwise beyond the scope of, the curfew. The term "knowingly"
includes knowledge which a parent would reasonably be expected to
have concerning the whereabouts of a minor in the parent's legal custody.
it is intended to continue to keep neglectful or careless parents
up to a reasonable community standard of parental responsibility through
an objective test. It is no defense that a parent was completely indifferent
to the activities, conduct or whereabouts of such minor.
[2000 Code § 3-6.6; Ord. No. 2997]
If a Police Officer reasonably believes that a juvenile is in
or upon the public streets, highways, roads, public places and/or
public buildings, places of amusement and/or entertainment, public
transportation facility, public vehicles used for transportation,
vacant lots or other public places within the confines of the City
in violation of the curfew regulations, the officer shall notify the
juvenile that he or she is in violation of the regulations and shall
require the juvenile to provide his or her name, address and telephone
number and how to contact his or her parent or guardian. In determining
the age of the juvenile and, in the absence of convincing evidence
such as a birth certificate or driver's license, a Police Officer
on the street shall use his or her best judgment in determining age.
If the Officer determines that a person is in violation of this section
he/she shall take the juvenile to the Police station, where a parent
or guardian shall immediately be notified to come for the juvenile,
and whereupon they shall be questioned. This is intended to permit
ascertainment, under constitutional safeguards, of relevant facts
and to centralize responsibility in the person designated there and
then on duty for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced personnel
and access to information and records.
a.
Police procedures shall constantly be refined in the light of experience
and may provide that the Police Officer may deliver to a parent or
guardian thereof a juvenile under appropriate circumstances, for example,
a juvenile of tender age near home whose identity and address may
readily be ascertained or are known.
b.
A Police Officer discharging an enforcement obligation under this
section shall file a written report with the Police Chief or his/her
designee or shall participate to the extent of the information for
which he/she is responsible in the preparation of a report on the
curfew violation. It is not the intention of this section to require
extensive reports that will prevent Police Officers from performing
their primary Police duties. The reports shall be as simple as is
reasonably possible and may be completed by Police Departmental personnel
other than sworn Police Officers.
c.
When a parent or guardian, immediately called, has come to take charge
of the juvenile, and the appropriate information has been recorded,
the juvenile shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the juvenile,
then the juvenile shall be released to the juvenile authorities, except
that in accordance with Police regulations, approved in advance by
juvenile authorities, the juvenile may temporarily be entrusted to
an adult relative, neighbor or other person who will on behalf of
a parent or guardian assume the responsibility of caring for the juvenile
pending the availability or arrival of a parent or guardian.
d.
In the case of a first violation by a juvenile, the Police Chief
or his/her designee shall send, by certified mail, to the parents
or guardian of the minor, written notice of the violation with a warning
that any subsequent violations will result in full enforcement of
the curfew regulations, including enforcement of parental responsibility
and of applicable penalties.
[Ord. No. 2997]
There shall be a presumption that whenever a minor has been
convicted of a violation of this section, the parents, guardians,
or other adult persons having care of the minor knew or should have
known of the minor's violation of this section if the minor had been
convicted on a prior occasion within six (6) months of the date of
the present violation.
[2000 Code § 3-6.7; Ord. No. 2800; Ord. No. 2997]
a.
If, after receipt of a warning notice pursuant to § 3-6.6 of a first violation by a juvenile, a second curfew violation is adjudicated against the same minor, the parents or guardian of the minor shall be subject to prosecution under § 3-6.5. For the first parental offense a parent shall be subject to a mandatory fine of not less than eighty ($80.00) dollars and for each subsequent offense by a parent there shall be a mandatory Municipal Court appearance with any penalties to be assessed by the Judge of the Municipal Court, in accordance with Chapter I, Section 1-5. The Judge of the Municipal Court, upon finding a parent guilty, may sentence the parent to pay this fine and the costs of prosecution.
b.
If a minor has been found to be in violation of this section on a
second occasion within a six (6) month period, that minor shall receive
a summons and complaint from the Police Officer who apprehended the
minor for the violation of this section. The Judge of the Municipal
Court, upon finding the minor guilty, may sentence the minor to perform
community service for a period not to exceed ninety (90) days.
c.
In addition, any juvenile who shall violate any of the provisions
of the curfew regulations more than three (3) times shall be reported
by the Police Chief or his/her designee to the juvenile authorities
as a juvenile in need of supervision and the Police Chief or his/her
designee may proceed to file such charges with the Superior Court
of New Jersey, Family Part, Monmouth County, as he/she may deem appropriate.
[2000 Code § 3-6.8; Ord. No. 2997]
Notice of the existence of this section and of the curfew regulations
established by it shall be posted in, on or about such public or quasi-public
places as may be determined by the Police Chief or his/her designee,
in order that the public may be constantly informed of the existence
of this section and its regulations.
[2000 Code § 3-30.1]
It shall be unlawful to sell or offer for sale, or to circulate,
pass from one person to another or expose in any public place or anywhere
in view of a store or place frequented by the public, any morally
indecent or obscene publications or explicit sexual material, printed
or written matter, picture or other representation. It shall be unlawful
to keep any such publication, printed or written matter, picture or
other representation in any place frequented by minors or where it
may come into the possession of minors or to disclose or expose any
such material to a minor.
[2000 Code § 3-30.2]
As used in this section:
shall mean any pictorial or three-dimensional material depicting
human sexual intercourse, masturbation, bestiality, oral intercourse,
anal intercourse, direct physical stimulation of unclothed genitals,
flagellation, or torture in the context of a sexual relationship,
or human genitals, nudity, sexual conduct or sadomasochistic abuse.
shall mean any material or performance for which, if considered
as a whole,
Its predominant appeal is to the prurient, shameful, or morbid
interest in nudity, sex, excretion, sadism or masochism.
It is patently offensive because it affronts contemporary community
standards in describing or representing such matters.
Which taken as a whole, lacks serious literary, artistic, political,
or scientific value.
[2000 Code § 3-7.1]
Where there exists in the City a state of disaster or emergency,
brought about by natural causes or by the action of any person and
such state of disaster or emergency causes or may cause violence and
injury to be inflicted upon people in the City and causes or may cause
damage and destruction to property in the City, both public and private,
all being against the health, safety and welfare of the people of
the City, and in that event the City Manager shall have the authority
to declare that a state of disaster or emergency exists and he/she
shall have the authority and be empowered to do the following:
a.
Issue orders or proclamations regulating the hours during which persons
shall be prohibited from remaining upon the public street, ways and
places in the City.
b.
Issue orders or proclamations regulating the hours during which vehicular
traffic shall be prohibited or restricted from traveling over the
City streets.
c.
Issue orders or proclamations regulating the hours during which all
businesses licensed by the City to dispense in any way alcoholic beverages
shall be closed to business.
d.
Issue orders or proclamations regulating the hours during which all
sales of gasoline by gasoline service stations in the City shall be
closed to business.
[2000 Code § 3-7.2]
The City Manager, upon declaring that a state of disaster or
emergency exists, shall forthwith advise any newspaper and radio station
located within the City and request that the announced state of disaster
or emergency be publicized at once.
[2000 Code § 3-7.3]
The judgment of the City Manager that a state of disaster or
emergency exists within the City and that it has caused or is likely
to cause injury and damage to persons and property shall be final
and absolute. This authority is conferred upon the City Manager by
virtue of the authority of N.J.S.A. 40:82-4.
[2000 Code § 3-7.4]
After the City Manager has declared that a state of disaster
or emergency exists in the City and has issued an order or proclamation
regulating the movements of persons or vehicles in or about the City
or the dispensing by licensed persons of alcoholic beverages therein,
or the sale of gasoline by gasoline service stations in the City,
it shall be unlawful and a violation of this section for any person
to be upon the streets, ways, or places in the City, to drive vehicles
over the street in the City, to dispense alcoholic beverages, or to
sell gasoline at any gasoline service station during the hours prohibited
by the order or proclamation, unless otherwise permitted by the City.
[2000 Code § 3-17]
It shall be unlawful for any person to willfully or maliciously
torment, beat, kick, strike, mutilate, injure, disable or kill any
dog used by the Police Department of the City in the performance of
the functions or duties of such Department or to interfere with any
such dog while being used by the Department or any member thereof
in the performance of any of the functions or duties of the Police
Department or of any Officer or member of the Department.
[2000 Code § 3-18]
No person shall prevent, delay or interfere with any lawful
work undertaken by the City in any street or public place.
[2000 Code § 3-32]
No person, except store owners and their employees, shall operate
or use any store-owned four (4) wheel wire carts, commonly known as
shopping carts, on the streets of the City for a distance of more
than two hundred (200) feet from the property of any store or shop
from which the cart is obtained.
[2000 Code § 3-13]
No person shall hang clothing on the front porch of any building
for the purpose of cleaning, airing or drying.
[2000 Code § 3-11]
Games of chance may be conducted on Sunday in the City, by virtue
of and under the provisions of N.J.S.A. 5:8-1 et seq., known as the
"Raffles License Law" and the "Bingo License Law." The games of chance
shall be conducted in accordance with the provisions of the laws and
shall be subject to all conditions set forth therein.
[Ord. No. 2812]
As used in this section:
shall encompass, but shall not necessarily be limited to,
one or more of the following acts:
Obstruction of the free unhampered passage of pedestrians or
vehicles.
Obstructing, molesting or interfering with any person lawfully
upon any street, park, beach, boardwalk or other public place.
Remain idle in essentially one location without being able to
establish having a legitimate business or purpose in so remaining
idle or, by conduct, exhibiting the absence of a lawful purpose in
so remaining idle.
Conduct involving the concept of standing idly by, loafing,
walking about aimlessly without purpose and including the colloquial
expression of "hanging around."
Refusing to move on when so requested by a peace officer, provided
that the peace officer has exercised his/her discretion reasonably
under the circumstances in order to preserve or promote public peace
and order.
shall be deemed to include the quasi-public area in front
of or adjacent to any store, shop, restaurant, luncheonette or other
place of business and shall also include any parking lots or other
vacant buildings or properties.
[Ord. No. 2812; New]
a.
No person shall loiter, lounge or sleep in or upon any public street,
highway, park, boardwalk, beach, pavilion or other public place, or
in any public building, or obstruct access to any public building
or any part thereof or obstruct passage through or upon any public
street, park, beach, boardwalk or public place.
b.
It shall be unlawful for any person to sleep upon any beach, in any
public park or other public place between the hours of 12:00 midnight
and 8:00 a.m., local time prevailing.
c.
No person shall at any time use any automobile, truck or other motor
vehicle, or any vehicle of any description, while the same is parked
on any of the public streets, ways, alleys or in any public or quasi-public
place, driveway, lot or premises, for sleeping or living purposes.
d.
It shall be unlawful for any person to set up tents, shacks, or any
other temporary shelter for the purpose of overnight camping, nor
shall any person leave in any park or in any beach, public street,
way, alley or in any public or quasi-public place, driveway, lot or
premises, any moveable structure or special vehicle to be used or
that could be used for such purpose, such as house trailer, camp trailer,
camp wagon, or the like except in those areas designated for those
purposes.
[Ord. No. 2812]
Any person who is convicted of a violation of this section shall, upon conviction, be liable to the penalties set forth in Chapter I, Section 1-5.
[2000 Code § 3-22.1]
As used in this section:
shall mean and include any adult person having care or custody
of a minor, whether by reason of blood relationship, the order of
a court or otherwise.
shall mean any place to which the public has access and shall
include any street, highway, road, alley or sidewalk. It shall also
include the front or the neighborhood of any store, shop, restaurant,
tavern, or other place of business and public grounds, areas, parks
as well as parking lots or other vacant private property not owned
by or under the control of the person charged with violating this
section or in the case of a minor not owned or under the control of
his/her parents or guardian.
[2000 Code § 3-22.2; New]
No person shall:
a.
Create or cause to be created a danger of a breach of the peace.
b.
Create or cause to be created any disturbance or annoyance to the
comfort and repose of any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public place as defined in § 3-37.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
[2000 Code § 3-22.3]
Whenever any Police Officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in § 3-37.2 he/she may, if he/she deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a Police Officer shall be guilty of a violation of this section.
[2000 Code § 3-22.4]
No parent or guardian of a minor under the age of eighteen (18)
years shall knowingly permit that minor to loiter in violation of
this section.
[2000 Code § 3-22.5]
Whenever any person under the age of eighteen (18) years is
charged with a violation of this section, his/her parent or guardian
shall be notified of this fact by the Chief of Police or any other
person designated by him/her to give such notice.
[2000 Code § 3-22.6]
If at any time within thirty (30) days following the giving
of notice the minor to whom such notice relates, again violates this
section, it shall be presumed, in the absence of evidence to the contrary,
that the minor did so with the knowledge and permission of his/her
parent or guardian.
[2000 Code § 3-39; New; Ord. No.
2016-51]
a.
Every person operating a bicycle shall at all times operate the bicycle
with due regard for the safety of other persons and vehicles lawfully
upon the streets, highways, parkways and public places, as well as
for his own or her safety, and shall at all times and under all conditions
yield the right-of-way to pedestrians on the streets highways, parkways,
public places and on the crosswalks.
b.
Every person operating a bicycle shall comply with all vehicle traffic
laws which apply to bicycles and all vehicular traffic signs and signals
erected for the regulation of traffic.
c.
Every bicycle, when in use at nighttime, shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least five hundred (500) feet to the front and with a lamp on
the rear which shall emit a red light visible from a distance of at
least five hundred (500) feet to the rear. In addition to the red
lamp, a red reflector may be mounted on the rear, of a type approved
by the New Jersey Motor Vehicle Commission, which shall be visible
from all distances from fifty (50) feet to three hundred (300) feet
to the rear when directly in front of the lawful upper beams of head
lamps on a motor vehicle.
d.
No person shall 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 one hundred (100) feet, except that a bicycle shall not
be equipped with, nor shall any person use upon a bicycle, any siren
or whistle.
e.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheel stop on dry, level, clean pavement.
f.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor
shall be/she ride with his/her feet removed from the pedals, or with
both hands removed from the handlebars, nor shall be/she practice
any trick or fancy riding in the street. No bicycle shall be used
to carry more persons at one time than the number for which it is
designed and equipped.
g.
No person riding upon any bicycle shall attach the same or himself/herself
to any vehicle upon a roadway and no operator of any vehicle shall
knowingly allow any person riding upon any bicycle to attach the same
or himself/herself to the vehicle.
h.
Before turning or changing the direction of any bicycle upon any
street, highway, parkway or public place it shall be the duty of the
bicycle rider to give a signal, by the extension of the hand, to indicate
the direction it is the intention to proceed.
i.
No person shall ride a bicycle on a sidewalk. Nothing in this section
shall prevent the use of toy bicycles or children's tricycles on a
sidewalk.
j.
Every rider of a bicycle shall obey all traffic regulations as established
by N.J.S.A. 39:4-1 et seq., and all ordinances passed by the City
as to the regulations of traffic on stop streets, one-way streets
and through streets.
[2000 Code § 3-3.10; Ord. No. 2016-12; Ord. No. 2016-51]
Penalties for violation of this chapter shall be as prescribed
by State Statute (N.J.S.A. 39:4-10 through 39:4-14.15). For any violations
other than those covered by the aforementioned statutes, the penalties
shall be as follows: For the first offense, there shall be a fine
not to exceed fifty ($50.00) dollars; For each subsequent offense,
there shall be a fine not to exceed one hundred ($100.00) dollars,
along with confiscation of the offender's bicycle, in the discretion
of the Municipal Court Judge.
[Added 7-10-2019 by Ord.
No. 2019-27]
The provisions of this section shall apply whenever an electric
scooter is operated upon any street or upon any public way within
the City of Asbury Park, subject only to those exceptions stated in
this section. Where the provisions of this Article contradict and/or
overlap with any state laws, the state law shall govern.
As used in this article, the following terms shall have the
meanings indicated:
A scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of
propelling the device with or without human propulsion at a maximum
speed of less than 19 miles per hour.
Any electric scooter owned and operated by a private individual.
Any electric scooter owned by a company permitted to offer
publicly accessible electric scooters through a pay-per-ride or subscription
program.
Any person who is operating an electric scooter.
Every rider of an electric scooter shall obey all traffic regulations
as established by N.J.S.A. 39:4-1 et seq., and all ordinances passed
by the City as to the regulations of traffic on stop streets, one-way
streets and through streets.
a.
Obedience to traffic control devices.
1.
Any person operating an electric scooter shall obey the instructions
of official traffic control signs, and other control devices applicable
to vehicles, unless otherwise directed by a police officer.
2.
Whenever authorized signs are erected indicating that a turning movement
is restricted no person operating an electric scooter shall disobey
the direction of any such sign, except where that person dismounts
from the electric scooter to make the turn, in which event such person
shall then obey the regulations applicable to pedestrians.
3.
No person shall ride or operate an electric scooter in any direction
except that permitted of vehicular traffic traveling on the same side
of the roadway.
4.
Any person operating an electric scooter shall stop for pedestrians
in crosswalks.
b.
Riding on roadways and bicycle paths generally.
1.
Every person operating an electric scooter upon a roadway shall ride
as near to the right hand side of the roadway as practicable, exercising
due care when passing a standing vehicle or a vehicle proceeding in
the same direction, unless an exclusive bicycle lane is provided.
2.
Persons riding an electric scooter upon a roadway shall not ride
more than two abreast except on paths of parts of roadways set aside
for the exclusive use of bicycles.
3.
Whenever a bicycle lane has been established on a roadway, any person
operating an electric scooter upon the roadway at a speed less than
the normal speed of traffic moving in the same direction shall ride
within the bicycle lane, except that such a person may move out of
the lane under any of the following situations:
(a)
Whenever overtaking or passing another electric scooter, bicycle,
vehicle, or pedestrian within the lane or about to enter the lane
if such overtaking and passing cannot be done safely within the lane.
(b)
When preparing for a turn at an intersection or into a private
road or driveway.
(c)
When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
c.
User age restrictions. No person younger than 18 shall operate an
electric scooter.
d.
Manner of riding an electric scooter. No electric scooter shall be
used to carry more persons at one time than the number for which it
is designed and equipped.
e.
Speed restrictions. No person shall operate an electric scooter at
a speed greater than is reasonable and prudent under the condition
then existing provided it does not exceed 19 miles per hour.
f.
Yielding right-of-way from a bicycle path. Every person operating
an electric scooter on a bike path that is about to enter or cross
a roadway shall yield the right-of-way to all traffic on such roadway.
g.
(Reserved)
h.
Electric scooters emerging from alleys or driveways; yielding right-of-way.
The operator of an electric scooter emerging from an alleyway, driveway,
or building shall, upon approaching a sidewalk area extending across
any alleyway or driveway, yield the right-of-way to all pedestrians
or bicyclists approaching on the sidewalk or sidewalk area. Upon entering
the roadway, the user shall yield the right-of-way to all vehicles
approaching on the roadway.
i.
Attachment to motor vehicles. No person riding upon any electric
scooter shall attach the same or themself to any vehicle upon a roadway
and no operator of any vehicle shall knowingly allow any person riding
upon any electric scooter to attach the same or themself to the vehicle.
j.
Riding on sidewalks.
1.
No person shall ride an electric scooter upon a sidewalk.
2.
Any person traveling on the sidewalk with an electric scooter shall
dismount before entering the sidewalk throughway and walk the electric
scooter along the sidewalk.
3.
No person shall start or stop an electric scooter trip on the sidewalk.
k.
Carrying articles. No person operating an electric scooter shall
carry any package, bundle, or article which prevents the user from
keeping both hands upon the handlebars.
l.
Lamps and equipment on electric scooters.
1.
Electric scooters in use at nighttime shall be equipped with a lamp
on the front which shall emit a white light visible from a distance
of at least 500 feet to the front with a lamp emitting a red light
visible from a distance of 500 feet to the rear.
2.
An electric scooter shall not be equipped with, nor shall any person
use, any siren or whistle upon an electric scooter.
3.
Electric scooters shall be equipped with a brake which will enable
the operator to make the braked wheel skid on dry, level, clean pavement.
4.
Electric scooters shall be equipped with a bell or other audible
signal for the purposes of overtaking and passing any pedestrians,
bicycles, or other electric scooters.
5.
Electric scooters shall be equipped with a kickstand to prevent them
from toppling over when parked.
m.
Electric scooter parking.
1.
Electric scooters shall be parked in designated electric scooter
parking areas if they are available and advertised as such by either
signage, pavement markings, or racks.
2.
Electric scooters may be attached or secured to bicycle racks with
a U-lock, chain lock, or any type of lock made specifically for bicycles.
No person shall attach or secure an electric scooter to any fixed
object not suited for electric scooter parking. No person shall leave
an electric scooter lying on or standing upon the sidewalk in such
a manner as to hinder or impede pedestrians.
n.
Abandonment of electric scooters.
1.
An electric scooter may be deemed abandoned by the City if:
(a)
It has been parked for a period of seven or more consecutive
calendar days in the same location; or
(b)
It appears visually to be in a state of prolonged disuse such
that is has deflated tires, damaged or missing equipment making it
inoperable, accumulated leaves and debris associated with it; or
(c)
75% or more of the electric scooter is rusted; or
(d)
It is found in any other condition in which an electric scooter
would be deemed abandoned.
2.
It shall be unlawful for any person to abandon any electric scooter
within the City.
3.
In the event that an electric scooter is deemed to be abandoned by
the City, the Police Department shall have the authority to remove
the scooter from its location by any means necessary and be disposed
of by the City.
o.
Shared electric scooter rental restriction. The shared electric scooter
user shall be the same person who made the rental reservation. No
person shall rent a shared electric scooter for another user.
p.
Electric scooter charging. No electric scooter battery shall be recharged
in the public right-of-way without prior written authorization from
the City.
q.
Electric scooter disposal. All electric scooters shall be disposed
of in a manner in accordance with state and federal regulations as
they relate to hazardous materials disposal.
Penalties for violation of this chapter shall be as prescribed
by state statute (N.J.S.A. 39:4- 10 through 39:4-14.15). For any violations
other than those covered by the aforementioned statutes, the penalties
shall be as follows: For the first offense, there shall be a fine
not to exceed $50; for each subsequent offense, there shall be a fine
not to exceed $100.
