City of Asbury Park, NJ
Monmouth County
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Table of Contents
Table of Contents
[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.
b. 
No person shall possess any alcoholic beverage with intent to violate Subsection a. of this subsection.
c. 
Any person violating any provision of Subsections a. or b. of this subsection in the presence of a police officer shall be subject to arrest without a warrant.
[2000 Code § 3-1.2]
a. 
Definitions. As used in this section:
BUSINESS or MERCANTILE ESTABLISHMENT
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]
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 four hundred ($400.00) 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:
EMERGENCY WORK
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.
MOTORCYCLE
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.
MOTOR VEHICLE
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.
MUFFLER
shall mean a sound dissipative device or system for abating the sound of escaping gases of an internal combustion engine.
NOISE
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.
PERSON
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.
PUBLIC RIGHT-OF-WAY
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.
PUBLIC SPACE
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:
AGGRESSIVE MANNER
shall mean:
a. 
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:
1. 
Fear bodily harm to oneself or to another, damage to or loss of property or the commission of an offense under the New Jersey Criminal Code upon oneself or another;
2. 
Otherwise be intimated into giving money or other item of value; or
3. 
Suffer unreasonable inconvenience, annoyance or alarm.
b. 
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.
c. 
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.
d. 
Using violent or threatening gestures toward a person solicited.
ASK
see "Beg."
AUTOMATED TELLER MACHINE ("ATM")
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.
AUTOMATED TELLER MACHINE FACILITY
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.
BANK or CHECK-CASHING BUSINESS
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.
BEG
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.
PUBLIC PLACE
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.
SOLICIT
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]
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, Section 1-5, General Penalty, of the Code of the City of Asbury Park, New Jersey.
[2000 Code § 3-21.1]
As used in this section:
CODE ENFORCEMENT OFFICER
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.
GARBAGE
shall mean putrescible animal, vegetable or mineral wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
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.
LITTER RECEPTACLE
shall mean a container suitable for depositing litter.
OFFICIAL
shall mean the Code Enforcement Officer, the Health Officer or his/her agent, or a Police Officer.
PUBLIC PLACE
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.
REFUSE
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.
RUBBISH
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.
VEHICLE
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. 
Definitions. As used in this section:
INK MARKER
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.
SPRAY PAINT
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:
MINOR
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.
PARENT
shall mean any person having legal custody of a minor:
a. 
As a natural or adoptive parent,
b. 
As a legal guardian,
c. 
As a person who stands in loco parentis,
d. 
As a person to whom legal custody has been given by court order.
STREET
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.
TIME OF NIGHT
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.
YEAR OF AGE
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:
1. 
At 9:30 p.m. for minors thirteen (13) or less years of age.
2. 
At 11:00 p.m. for minors fourteen (14) or more years of age.
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:
EXPLICIT SEXUAL MATERIAL
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.
OBSCENE
shall mean any material or performance for which, if considered as a whole,
a. 
Its predominant appeal is to the prurient, shameful, or morbid interest in nudity, sex, excretion, sadism or masochism.
b. 
It is patently offensive because it affronts contemporary community standards in describing or representing such matters.
c. 
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:
LOITER
shall encompass, but shall not necessarily be limited to, one or more of the following acts:
a. 
Obstruction of the free unhampered passage of pedestrians or vehicles.
b. 
Obstructing, molesting or interfering with any person lawfully upon any street, park, beach, boardwalk or other public place.
c. 
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.
d. 
Conduct involving the concept of standing idly by, loafing, walking about aimlessly without purpose and including the colloquial expression of "hanging around."
e. 
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.
OPEN PUBLIC PLACE
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:
PARENT or GUARDIAN
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.
PUBLIC PLACE
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:
ELECTRIC SCOOTER
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.
PRIVATE ELECTRIC SCOOTER
Any electric scooter owned and operated by a private individual.
SHARED ELECTRIC SCOOTER
Any electric scooter owned by a company permitted to offer publicly accessible electric scooters through a pay-per-ride or subscription program.
USER
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.