As used in this chapter, the following terms are defined as
set forth herein:
EXCESSIVE MUNICIPAL SERVICES
Any qualifying Barnegat Township Police Department calls
made to a property while that property is on probationary nuisance
status.
NUISANCE PROPERTY
Properties on which activities occur that result in qualifying Barnegat Township Police Department calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in §
60A-5 are considered nuisance properties and are subject to the penalties and procedures as set forth in this chapter.
PROBATIONARY NUISANCE STATUS
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-day period. Probationary nuisance status is effective
for a twelve-month period beginning on the date of the public officer's
determination. During probationary nuisance status, the property owner
is liable to the Township Committee of Barnegat for user charges from
each qualifying call.
QUALIFYING CALLS
Calls resulting from Barnegat Township Police Department
responses to potential violations of state or local laws, regulations,
or ordinances, including, but not limited to, those cited in the following
list, and others not so identified but specifically determined to
be qualifying by the hearing officer. Not included in the following
list are calls for permitting, licensing, inspections, or similar
administrative functions and calls from or on behalf of victims who
reside at the property which is the subject matter of the call.
A.
The sale, service, or consumption of alcoholic beverages.
B.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
C.
Damage to property or injury to a person.
D.
Improperly parking a vehicle, or any motor vehicle violation
on private property.
E.
Possession of a barking, howling, biting, or dangerous animal.
F.
Possession, distribution, or use of a controlled substance.
H.
Public urination, defecation, or indecent exposure.
USER FEE
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
The Township Chief of Police, or his designee, shall administer
the necessary recordkeeping and investigation required in connection
with this chapter.
During any sixty-day period, properties that necessitate qualifying
calls for municipal services that exceed the amounts set forth in
the following schedule are designated nuisance properties and subject
to penalties and procedures established under this chapter.
A. Residential properties of one through four dwelling units: five qualifying
calls.
B. Multifamily dwelling and hotel/motel uses:
(1) Five through 40 dwelling units: 10 qualifying calls.
(2) 41 through 80 dwelling units: 20 qualifying calls.
(3) 81 through 200 dwelling units: 30 qualifying calls.
(4) Over 200 dwelling units: 40 qualifying calls.
C. Convenience, grocery, liquor and retail stores: 10 qualifying calls.
D. Restaurants, bars, and entertainment establishments: 30 qualifying
calls.
E. All other properties not included in the preceding categories: 10
qualifying calls.