[1]
Editor's Note: Prior ordinance history includes portion of 1975 Code §§85-10, 85-11; Ord. No. 89-05 §1.
[Ord. No. 2005-20 § 1]
For the purpose of this Code section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. As used herein, the following words shall have the following meaning:
LITTER
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, wood 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, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste or the primary process of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, person, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. No. 2005-20 § 1]
a. 
It shall be unlawful and a violation of this Code section for any person, or persons to throw, drop, discard or otherwise place any litter of any nature upon any public or private property, including common thoroughfare, sidewalk, passageway, road, bypath, play area, park or upon any boardwalk, beach, or beachfront in the Borough, other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
It shall be unlawful and a violation of this Code section for any person, or persons to allow permit, or otherwise fail to prevent the leaking or deposit of any liquid waste or other refuse from any motor vehicle, vessel, equipment or machinery of any type, whether it was deposited intentionally or unintentionally, including but not limited to antifreeze, oil, or any other petroleum product.
[Ord. No. 2005-20 § 1]
No person shall throw or discard any wastepaper, tin cans, bottles, garbage, waste, trash or refuse of any kind whatsoever from the shore or from any boat, yacht, or other craft or from any wharf, dock, or pier into the waters of the Toms River, Dillon's Creek, or Barnegat Bay, or into any waters tributary or adjacent thereto, and no person shall discharge any sewage or waste into the waters of any of them or pollute the waters of any of them in any manner whatsoever.
[Ord. No. 2005-20 § 1]
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5 of this Code.
[1958 Code § 4-2.3; Ord. No. 94-09 § 1]
For purposes of this section, the following terms shall be defined to mean:
GUARDIAN
A person, other than a parent to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or who is responsible for the care and welfare of the juvenile.
JUVENILE
An individual who is under the age of eighteen (18) years.
PUBLIC PLACE
Any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation, athletic or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structures or area.
[Ord. No. 94-09 § 2]
It shall be unlawful for juveniles to be in any public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by a parent or guardian. This prohibition does not apply if the juvenile is:
a. 
Engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform;
b. 
Engaged in an errand involving a medical emergency;
c. 
Attending religious services, extracurricular school activities, activities sponsored by a religious or community organization or other cultural, educational or social events or is in direct transit to or from such events.
[Ord. No. 94-09 § 3]
It shall be unlawful for any parent or guardian to permit, suffer or allow any juvenile in his or her care to be in any public place between the hours of 10:00 p.m. and 6:00 a.m.
[1958 Code § 58-10; Ord. No. 94-09 § 4]
Any person found guilty of having violated subsections 4-2.2 and 4-2.3 shall perform community service and may be subject to a fine of no more than one thousand ($1,000.00) dollars and if parents or guardians as well as a juvenile are found guilty of violating this section, the parents or guardians shall perform community service together with the juvenile. The period of community service will not exceed ninety (90) days.
[1975 Code § 85-12; New]
As used in this section:
PUBLIC PLACE
Any place to which the general public has access and a right to report for business, entertainment or other lawful purpose but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
[Ord. No. 2007-16 § I; Ord. No. 2007-17 § I]
a. 
It shall be unlawful for any person, alone or in concert with others to:
1. 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding, or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
2. 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of the public street, public highway, public sidewalk or any other public place or building or with any business lawfully conducted by anyone in or upon or facing or fronting on any public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, thereon and thereto.
3. 
Skateboard or utilize a skateboard shall be prohibited on the following public streets, public roads, public highways, and public thoroughfare, including any public sidewalk thereto:
(a) 
Central Avenue south of Lake Avenue;
(b) 
Maple Avenue south of Lake Avenue;
(c) 
Janes Avenue south of Lake Avenue;
(d) 
Oak Avenue south of Lake Avenue;
(e) 
Chestnut Avenue south of Lake Avenue;
(f) 
West End Avenue south of Lake Avenue;
(g) 
River Avenue between the intersection of River Avenue and Ocean Avenue through the intersection of River Avenue and Central Avenue; and
(h) 
Sassafras Lane (entire length).
(i) 
Laurel Avenue (entire length).
4. 
Skateboard or utilize a skateboard on any public street, public road, public highway, public sidewalk, public thoroughfare, without a helmet.
5. 
Skateboard or utilize a skateboard on any public street, public road, public highway, public thoroughfare, public sidewalk or any other public place or building after dusk.
6. 
Permit, allow, assist or arrange for any person or persons to commit any of the violations specifically set forth above in paragraphs 1, 2, 3, 4, and 5 of paragraph a of this subsection.
b. 
When any person causes or commits, or causes, assists, or permits another person to cause or commit any of the conditions enumerated in paragraph a herein, a police officer or other law enforcement officer shall, together with whatever citation or summons issued to said person by the police officer or other law enforcement officer, order that person to stop causing or committing such conditions and to move on and disperse.
c. 
Any person violating or failing to comply with any of the provisions of this section, shall upon conviction, be liable to the penalty set forth in Chapter 1, § 1-5. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violations may be punishable as provided above for each separate offense.
[1975 Code § 85-7]
No person shall operate or use any radio receiving set, phonograph or other sound producing instrument, device or apparatus in such manner that the sound thereof shall annoy any person or disturb the comfort, rest or repose of any person being in his, her or their place or places of abode.
[1975 Code § 85-8]
No person shall make or continue or cause to be made or continued any unnecessary noise which shall disturb the comfort, rest or repose of any person or annoy any person being in his, her or their place or places of abode.
[1975 Code § 85-9]
a. 
No person shall, on any public street, park, beach or other public place or upon lands known as Long Point, ring any bell or blow any horn or make any public outcry at or for any public sale, auction or venue or to advertise any goods, wares or merchandise for sale or to attract any attention to or gain passengers for any cab, taxicab, hack or omnibus.
b. 
No person shall, on any public street or other public place, operate any radio receiving set, loudspeaker, amplifier, phonograph or other sound producing instrument on any motor-truck for the purpose of advertising any goods, wares, merchandise, play, picture, amusement or recreation or any moving picture theatre or other place of business or any commercial enterprise or commercial service whatsoever.
[Added 6-28-2016 by Ord. No. 2016-3]
a. 
Commercial businesses shall operate between the hours of 6:00 a.m. and 1:00 a.m. the following day.
b. 
No person shall make, continue, cause or permit to be made, verbally or mechanically, any unnecessary noise (noise disturbance).
c. 
Prohibited acts:
1. 
Refuse collection: the operating or permitting to be operated of any motor vehicle which collects, disposes of or compacts refuse between the hours of 7:00 p.m. and 8:00 a.m. the following day.
2. 
Loading and unloading: loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 7:00 p.m. and 8:00 a.m. the following day.
d. 
Violations and penalties.
1. 
Any person who violates any provision of this section shall be fined for each offense not more than $100.
2. 
Any person who willfully or knowingly violates any provision of this section shall be fined for each offense a sum of not less than $100 and not more than $1,000.
3. 
Each day of violation of any provision of this section shall constitute a separate offense.
[Added 9-1-2020 by Ord. No. 2020-3]
a. 
The operation of any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets or appurtenances thereto in residential or commercial land use zones shall be prohibited on weekdays and Saturdays between 6:00 p.m. and 8:00 a.m.; and shall be prohibited from 6:00 p.m. on Saturdays through Monday mornings at 8:00 a.m.; and shall be prohibited on official national holidays except in the case of urgent necessity and in the interest of public health and safety. These construction-work hour restrictions shall be applicable to all public and private construction and commercially operated lawn and tree care and maintenance services.
b. 
Violations and penalties.
1. 
Any person who violates any provision of this section shall be fined for each offense not more than $100.
2. 
Any person who willfully violates any provision of this section shall be fined for each offense the sum of not less than $100 and not more than $1,000.
3. 
Each day a violation of any provision of this section shall constitute a separate offense.
[1975 Code § 85-36]
No person shall maliciously destroy, damage or injure any property.
[1975 Code § 85-31]
No person shall enter any school building or go upon the lands whereon such building is located and damage, injure or deface such building or any part thereof or the fences or outhouses connected with or belonging or appurtenant to such building or lands.
[1]
Editor's Note: For provisions regarding the maintenance and repair of vehicles, see Section 4-7 of this chapter.
[1975 Code § 112-1]
No person shall hereafter store or permit or suffer to be stored upon any lands within the Borough, any motor vehicle which cannot be moved under its own power from place to place upon any public street or highway unless the motor vehicle is garaged, except that the foregoing shall not apply to any person holding a valid license to carry on, maintain or establish any motor vehicle business, motor vehicle junkyard or who shall possess a State license to sell secondhand motor vehicles.
[1975 Code § 112-2]
a. 
Any motor vehicle which is not currently registered and/or which is not capable of being used or operated shall be deemed to be a motor vehicle which cannot be moved under its own power from place to place upon any public street.
b. 
Store or stored shall mean the keeping of a motor vehicle upon any lands for a period of more than fifteen (15) days.
[1973 Code § 112-3; Ord. No. 85-8 § 1]
a. 
Upon complaint of a violation of this section by any resident or property owner of the Borough or any employee of the Borough, or upon his own motion, the Police Chief or other Borough Police Officer shall make an investigation of the premises complained of and report thereon, in writing, to the Governing Body.
b. 
If the report shall find that a violation of this section does exist, the Police Department shall notify the owner and/or tenant of the premises of the violation, in writing, either personally or by registered or certified mail, return receipt requested. Such notice shall specify what steps must be taken to remove the violation and that such removal is to be completed within fifteen (15) days after receipt of the notice.
c. 
Upon failure of the owner and/or tenant of the premises to remove the violation within the period of time specified in the notice, the Governing Body may cause the removal to be done under the direction of a designated Borough officer. Such officer shall certify the performance of the work and the cost therefor to the Governing Body. Upon the Governing Body's approval, such costs shall be charged against the property and shall become a lien and be added to and become and form part of the taxes next to be assessed and levied upon the property, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
[1975 Code § 112-4]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. Each and every day that such violation continues or exists shall be considered a separate and distinct violation and not as a continuing offense.
[Ord. No. 89-11A § 1]
No person shall engage in any maintenance, repairs or mechanical activity of any type, on any motor vehicle as defined in Subtitle 1 of Title 39 of the New Jersey Statutes Annotated or any motorized water vessel or machinery of any type on any County or municipally controlled or maintained street within the Borough. However, it shall be a defense to any violation under this subsection, that the maintenance or repair was necessary as a result of an unforeseen mechanical or operational problem with the motor vehicle or equipment involved which created an emergency necessitating the performance of the repairs or maintenance on the street.
[Ord. No. 89-11A § 1]
The provisions of this section shall not relieve any person of the duty to observe any other or more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles as set forth in any applicable New Jersey statute or other applicable ordinance or other provision of the Code of the Borough of Island Heights.
[Ord. No. 89-11A § 1]
Every person convicted of a violation of this section or of any supplement thereto, shall be liable to the penalty stated in Chapter I, Section 1-5.
[1]
Editor's Note: For provisions regarding inoperable vehicles, see Section 4-6 of this chapter.
[Ord. No. 87-6 § 1; amended 2-28-2023 by Ord. No. 2023-03]
As used in this section:
BOAT TRAILER
Every vehicle, with or without motive power, designed for carrying a boat or vessel and for being drawn by a motor vehicle. A boat trailer shall include those which are attached or hitched to a motor vehicle.
CALENDAR YEAR
January 1 to December 31 of each year.
[Ord. No. 87-6 § 1; Ord. No. 93-06 § 1; amended 2-28-2023 by Ord. No. 2023-03]
No person shall park or store, for more than two seventy-two-hour periods, a boat trailer, at any time upon any of the streets in the Borough. For the purposes of this section, the seventy-two-hour period exception, as stated herein, shall be permitted only twice in any calendar year. One seventy-two-hour exception period shall be permitted between March 1 and June 30 of each calendar year. A second seventy-two-hour exception period shall be permitted between September 1 and November 30 of each calendar year.
[Ord. No. 87-6 § 1; Ord. No. 2000-08; amended 2-28-2023 by Ord. No. 2023-03]
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty upon conviction, as stated in Chapter 1, Section 1-5.
[1975 Code § 63-1; New]
No person shall use or discharge any gun, rifle, pistol or other firearm upon any land within the Borough except as otherwise provided by State law.
[1975 Code § 63-4]
Any person who shall violate any of the terms or provisions of this section shall upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 80-10 § 2]
As used in this section:
AVAILABLE TO THE PUBLIC
That the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and content of the material.
MATERIAL
Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE
That to the average person applying contemporary community standards:
a. 
The predominant appeal of the matter, taken as a whole, is to prurient interest, i.e., a shameful or morbid interest in sexual conduct, nudity or excretion;
b. 
The matter depicts or describes in a patently offensive manner sexual conduct regulated by any State statute; and
c. 
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing and entertaining.
[Ord. No. 80-10 § 2]
It shall be unlawful for any person to:
a. 
Knowingly disseminate, distribute or make available to the public any obscene material;
b. 
Knowingly engage or participate in any obscene performance made available to the public.
c. 
Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity or excretion, utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal:
d. 
Provide service to patrons in such a manner as to expose to public view:
1. 
His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
2. 
Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
3. 
Any portion of the female breast at or below the areola thereof; or
e. 
Knowingly promote the commission of any of the above listed unlawful acts.
[Ord. No. 80-10 § 2]
a. 
Actual notice of the obscene nature of such material, performance or activity may be given to a person involved in or responsible for such from the Borough Attorney on the basis of information lawfully gathered and supplied to him by the Police Department or citizens.
1. 
Such notice shall be in writing and delivered by mail or in person to the alleged offender.
2. 
Such notice shall state that:
(a) 
In the opinion of the Borough Attorney, the activity engaged in falls within the prohibitions of subsection 4-10.2.
(b) 
If such activity has not ceased within seven (7) days, the Borough will take appropriate legal action.
b. 
A person who promotes any obscene activity as prohibited in subsection 4-10.2 in the course of his or her business is presumed to do so with knowledge of its content and character.
[Ord. No. 80-10 § 2]
a. 
Whoever violates this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
b. 
After conviction, in addition to any other penalty imposed for a violation of this section, the Governing Body may, in its discretion, revoke the business license of the offender, and upon conviction of the offender for a second violation, the Governing Body shall revoke the business license of such person.
[1975 Code § 85-2]
No person shall disrobe or make any indecent exposure of his or her person or commit or do any lewd or indecent act or behave in a lewd or indecent manner on any public street, park, beach or other public place.
[1975 Code § 85-3]
No person shall disrobe in any automobile, truck or other vehicle while the same is upon any public street, park, beach or other public place.
[1975 Code § 85-4]
No person shall, while nude, enter into, bathe or swim in the waters of the Toms River, Dillon's Creek, Barnegat Bay or waters tributary or adjacent thereto.
[1975 Code § 85-5]
No person shall keep or maintain a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building or structure owned or occupied by him or her to be used as a disorderly house or as a house of ill fame.
[1975 Code § 85-6]
No person shall permit any house, shop, store or other building or structure owned or occupied by him or her to be frequented or resorted to by noisy, riotous or disorderly persons or by prostitutes, gamblers or vagrants.
[Ord. No. 94-09 § 2]
Any person commits a violation of this section with purpose to harass another, when he:
a. 
Makes, or causes to be made, a communication or communications anonymously, or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; or
b. 
Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. 
Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
[1975 Code § 85-19; Ord. No. 84-10 § 1]
No person shall engage or participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons on any public street, park, beach or other public place. No person shall engage in bicycling, skate boarding or roller skating in or upon the Central Avenue Pavilion and Dock or the entire boardwalk situate between River Avenue and the Toms River.
[1]
Editor's Note: Prior ordinance history includes portions of 1975 Code §§85-32, 85-35, 85-40, 85-41.
[Ord. No. 2005-13 § I; Ord. No. 2007-5 § I; Ord. No. 2007-10 § I; amended 7-13-2021 by Ord. No. 2021-09]
It shall be unlawful and a violation of this Code section for any person, or persons to:
a. 
Willfully and maliciously ring or cause to be rung any bell or alarm of any fire company and whereby give or cause to be given a false alarm of fire.
b. 
Disturb the exercises of any public school or molest or give annoyance to the children attending such school or annoy any teacher therein.
c. 
Dress, undress, change clothing and/or disrobe in any motor vehicle or any other type of vehicle in the Borough of Island Heights; excluding recreational vehicles and boats.
d. 
Commit any immoral or lewd act on any of the streets, beaches, boardwalks or other public places of this Borough.
e. 
Riot, engage in fighting or threatening or violent or tumultuous behavior, create a hazardous or physically dangerous condition by any act which serve no legitimate purpose of the actor or address in unreasonably loud and offensively coarse or abusive language, in any public place or place which the public is invited, with a purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of offending the sensibilities of the hearer.
f. 
Urinate and/or defecate on any of the streets, sidewalks, beaches, pavilions, boardwalks, parks, playgrounds or any other public place within the Borough.
g. 
Urinate and/or defecate on any outdoor private property in this Borough.
h. 
Possess any open alcoholic beverage, and/or utilize, consume, ingest, or drink any alcoholic beverage, regardless of the age of the individual, on any streets, sidewalks, beaches, pavilions, boardwalks, parks, playgrounds or any other public place within the Borough.
i. 
Appear in an intoxicated state on any streets, sidewalks, beaches, pavilions, boardwalks, parks, playgrounds or any other public place within the Borough.
j. 
Smoking his hereby prohibited within any public place or any Borough building or portion of any Borough building owned or leased by the Borough of Island Heights, Ocean County, New Jersey.
1. 
As used in this section, the following terms shall have the meanings indicated:
CANNABIS ITEM
Any item available for lawful consumption pursuant to the NJ Cannabis regulatory enforcement assistance and marketplace modernization act.
PUBLIC PLACE
Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, recreation area, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area, and shall include, but not be limited to, the public outdoor locations enumerated in Borough Code Chapter 19, §  19-2.1.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, including any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic non-nicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco, marijuana, cannabis, cannabis item or any other matter that can be smoked.
k. 
Dump, dispose, discharge, drop off, or otherwise discard any garbage, refuse, recycling, debris, building materials, landscape materials, or any other materials which normally would be disposed of through the utilization of the Borough's Public Works Department or private hauler, at the Borough's Public Work's Garage location except at time specifically declared by the Mayor and Council by resolution or other official action.
l. 
Litter on any Borough or private property.
[Ord. No. 2005-13 § I]
Any person, or persons, who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing which is prohibited by this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5 of this Code.
[Ord. No. 2005-14 § I]
The purpose of the within section is to protect the health, safety, and welfare of the children within the Borough of Island Heights as a result of their being no current State law concerning the prohibition of convicted sex-offenders residing or living near areas where children regularly meet and congregate.
[Ord. No. 2005-14 § II]
a. 
No person over the age of eighteen (18), who has been convicted of a violation of any crime against a minor listed in N.J.S.A. 2C:7-2, and who as a result of said conviction, is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1, et seq., Registration and Notification of Release of Certain Sex Offenders, shall be permitted to reside or live within one thousand (1,000') feet of any school, park, playground, athletic field, day-care center, and/or church, synagogue, mosque, or other house of worship.
b. 
A person who resides in the Borough of Island Heights within one thousand (1,000') feet of any school, park, playground, athletic field, day-care center, and/or church, synagogue, mosque, or other house of worship shall have sixty (60) days from receipt of written notice of the prohibition set forth herein to move. Said notice shall be provided to the convicted sex offender by either the Police Department and/or the Municipal Clerk, and/or his/her designee.
c. 
Failure of any person to move as required following written notice as prescribed in paragraph b within the required sixty (60) day time period shall constitute a violation of this section. Each day beyond the sixty (60) day time limitation shall constitute a new offense.
d. 
This section shall not apply to a person who has established a bona fide residence prior to the effective date of the within section.
Editor's Note: Ordinance No. 2005-14 was adopted October 11, 2005.
e. 
Any person who violated any one (1) or more subsections of this section shall be subject to a fine of not more than one thousand two hundred fifty ($1,250.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than ninety (90) days.
[Ord. No. 2011-02]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Island Heights so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2011-02]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Island Heights or other public body, and is designed and used for collecting and conveying stormwater. (NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.)
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2011-02]
No person in control of private property (except a residential lot with one (1) single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 4-16.4 below prior to the completion of the project.
[Ord. No. 2011-02]
Storm drain inlets identified in subsection 4-16.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 4-16.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two (2) or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0") inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 2011-02]
This section shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Island Heights.
[Ord. No. 2011-02]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. No. 2011-03]
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Island Heights and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 2011-03]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Island Heights or other public body, and is designed and used for collecting and conveying stormwater. (NOTE: In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.)
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2011-03]
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Island Heights.
[Ord. No. 2011-03]
a. 
Permitted temporary demolition containers
b. 
Litter receptacles (other than dumpsters or other bulk containers)
c. 
Individual homeowner trash and recycling containers
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)
[Ord. No. 2011-03]
This section shall be enforced by the Police Department and/or other municipal officials of Borough of Island Heights.
[Ord. No. 2011-03]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars.
[Ord. No. 2011-11]
False alarms cost the Borough of Island Heights and its citizens thousands of dollars per year and can take police officers away from actual emergencies. To prevent unnecessary emergency response to false alarms, the within section is being adopted to reduce the number of false alarms and encourage alarm users to maintain the mechanical reliability of and to properly use their alarm equipment.
[Ord. No. 2011-11]
The following definitions are hereby established:
a. 
False alarm shall mean the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his/her employees or agents, and signals activated to summon law enforcement personnel unless law enforcement response was cancelled by the alarm user or his/her agent before law enforcement personnel arrive at the alarm location. An alarm is false within the meaning of this section when, upon inspection by the Borough of Island Heights Police Department, evidence indicates that no unauthorized entry, robbery, or other such crime was committed or attempted in or on the premises which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user.
b. 
Burglar or fire alarm system shall mean a mechanic or electric system to detect a breach of the system in a home or business or to alert of a fire. To be considered a burglar or fire alarm system it must be connected to the Police Department through a monitoring center contracted by the owner of the system.
c. 
Cancellation of false alarm. Someone desiring to cancel a false alarm may do so only through their monitoring center for a breach of their burglar alarm system prior to an officer arriving at the alarm site. Owner shall not dial 911 or contact the Borough of Island Heights Police Department in order to cancel a false alarm.
[Ord. No. 2011-11]
The following fees are established in connection with a false alarm as herein defined and within a one (1) year period:
a. 
First and second false alarm — Will not be billed and no summons will issue.
b. 
Third - Fifth false alarms — $50.00 per offense.
c. 
Sixth and seventh false alarm — $100.00 per offense.
d. 
Eighth and ninth false alarm — $250.00 per offense.
e. 
Tenth and subsequent false alarm — $500.00 per offense.
[Ord. No. 2011-11]
The violation of any provision of this section shall be punishable by a fine of not more than five hundred ($500.00) dollars for each offense. Each and every day a violation of this chapter shall exist shall constitute a separate violation.
[Added 11-9-2021 by Ord. No. 2021-11]
It is the purpose of this section to regulate short-term rental uses in order to help preserve housing for long-term tenants and to minimize any potential deleterious effects of short-term rental properties on other properties in the surrounding neighborhoods in which they are located.
[Added 11-9-2021 by Ord. No. 2021-11]
As used in this section, the following terms shall have the meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this section, as same may be viewed through various media including but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this section.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration including a promise or benefit, a quid-proquo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged, or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space, or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s) for consideration, for a period of 30 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more persons, living together that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sub-lease or license (including an operator, principal, shareholder, director, agent or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
An individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.
RESIDENTIAL OCCUPANCY
The use of a dwelling unit by an occupant(s).
[Added 11-9-2021 by Ord. No. 2021-11]
a. 
Notwithstanding anything to the contrary contained in the Borough Code, it shall be unlawful for an owner, lessor, sub-lessor, or any other person(s) or entity(ies) with possessory or use right(s) in a dwelling unit, their principals, partner or shareholders, or their agents, employees, representatives and other person(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering and/or permitting, allowing or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of less than 30 days.
1. 
A dwelling unit may be occupied by residential tenants providing the rental term is not less than 30 days.
2. 
A dwelling unit occupied by a residential tenant must be registered with the Borough of Island Heights and receive a registration number. Any and all advertising or offers to rent a dwelling house must include the Borough-issued registration number.
3. 
Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit for a rental period 30 days or more.
b. 
A tourist/guest house may be occupied by transient tourist/guest rooming accommodations for less than a thirty-day period, provided the following:
1. 
All short-term rentals consisting of less than a thirty-day period require the owner to maintain residential occupancy of the tourist/guest house, and off-street parking shall be provided per § 30-1.7.
2. 
Residences used for tourist/guest house purposes must be registered with the Borough of Island Heights and receive a registration number. Any and all advertising or offers to rent a tourist/guest house must include the Borough issued registration number.
3. 
Use of any residence for tourist/guest house purposes is limited to May 1 through September 30 annually.
c. 
The residential occupancy of an otherwise lawful and lawfully occupied dwelling unit for a period of 30 days or less by any person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.
[Added 11-9-2021 by Ord. No. 2021-11]
a. 
It shall be unlawful to advertise, solicit or promote by any means actions in violation of this ordinance.
[Added 11-9-2021 by Ord. No. 2021-11]
a. 
The provisions of this section shall be enforced by the Police Chief or other Borough Police Officer, the Code Enforcement Officer, the Building Code/Construction Official, Fire Official, Health Department, other Subcode or Code Official, as their jurisdiction may arise, including legal counsel for the Borough or other persons designated by the Borough Council, to issue municipal infractions directing alleged violators of this section to appear in court or to file civil complaints.
b. 
A violation of this section is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.
c. 
Any person found to have violated any provision of this section, without regard to intent or knowledge, shall be liable to the penalty stated in Chapter 1, Section 1-5. Each day of such violation shall be a new and separate violation of this section.
d. 
The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunction, reasonable attorney's fees or other fees and costs, in the Borough's Municipal Court or the Superior Court of New Jersey in the vicinage of Ocean County, or in such other Court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceeding.