[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 12-8-80 by Ord. No. 19-1980. Amendments noted where applicable.]
No person shall remain idle or lounge or sleep or loiter in or upon any street or public place or on any private property without the consent of the owner thereof within the Borough of Avon-by-the-Sea.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- Shall encompass, but shall not necessarily be limited to, one (1) 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 or other public place.
- C. Remaining idle in essentially one (1) location without being able to establish having a legitimate business or 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 discretion reasonably under the circumstances in order to preserve or promote peace and order.
- OTHER PUBLIC PLACE
- Includes the quasi-public area in front of or adjacent to any stores, shop, restaurant, luncheonette or other place of business, and shall include also any parking lots or other vacant private property not owned or under the dominion of the person charged with the violation of this chapter.
[Repealed 3-9-09 by Ord. No. 3-2009]
No person shall discharge or cause to be discharged any firearms of any kind or description within the boundary line of the Borough of Avon-by-the-Sea. This provision shall not apply to the firing of blank cartridges or those used in connection with approved athletic or sports events.
[Added 5-10-93 by Ord. No. 15-1993]
It shall be unlawful for any person to sell, furnish or provide any chemical irritant, device, canister, container or implement to a person under the age of eighteen (18) years within the limits of the Borough of Avon-by-the-Sea.
It shall be unlawful for any person to discharge or cause to be discharged within the limits of the Borough of Avon-by-the-Sea any chemical irritant not consistent with its lawful use.
Chemical irritants include, but are not limited to, such substances as "mace," "pepper mace," "punch," "capsicum" or other similar substances.
Violations and penalties regarding this section shall be in accordance with the provisions of Section 128-18. However, in addition, any violation by a juvenile offender shall constitute juvenile delinquency and shall be prosecuted as provided by the Juvenile and Domestic Relations Court Law, N.J.S.A. 2A:4.
No person shall park, leave or store any inoperable motor vehicle on any public lands or premises, except in case of emergency and this for a period of not more than forty-eight (48) hours.
[Amended 1-26-15 by Ord. No. 1-2015]
No person shall park, leave or fasten any bicycle to a sign post, street sign, utility pole, lamp post, traffic signal post or any other stationary object situated on any public land or public right-of-way for a consecutive period of more than twenty-four (24) hours.
[Amended 8-27-90 by Ord. No. 22-1990]
No person shall park, leave, store or maintain any inoperable motor vehicle for a period of more than five (5) days upon any private lands or premises.
No owner or occupant of any private lands or premises shall permit or suffer any abandoned or inoperable motor vehicle to be parked, left, stored or maintained on his lands or premises for a period of more than thirty (30) days.
No person shall serve, sell, dispense, drink, consume or retain or have in his or her possession in any open container any alcoholic beverage on a public street, highway, avenue, alley or road of the Borough, or upon any public grounds, parks, sidewalks, beaches, marine basins, beachfronts or boardwalks in the Borough, or in any automobile, other vehicles 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 Borough.
[Added 1-14-19 by Ord. No. 18-2018]
No person without proof of a medical prescription shall smoke, ingest or consume marijuana nor use paraphernalia associated therewith on a public street, highway, avenue, alley or road of the Borough of upon any public grounds, parks, sidewalks, beaches, marine basins, beachfronts or boardwalks in the Borough or in any automobile, other vehicles 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 Borough. The use of medical marijuana and/or paraphernalia without proof of a medical card shall constitute a violation of this section. The use of medical marijuana and/or paraphernalia is prohibited in those public areas designated as "no smoking zones."
No person shall appear or travel on any street, avenue, highway, road, boardwalk, beach, beachfront or waterway located in the Borough of Avon-by-the-Sea or appear in any public place, store or business in said Borough in a state of nudity or in an indecent or lewd dress or garment or make any indecent or unnecessary exposure of his or her person.
No person shall disrobe or dress or undress or change his or her clothes on the beachfront or on the boardwalk or in the waters adjacent thereto or in the open on any public or private place, lot or premises, highway, road or street in the Borough of Avon-by-the-Sea.
No person shall remove or lower any part of his or her bathing attire while on the boardwalk or the beachfront or in the water adjacent thereto.
No person shall at any time undress or change his or her clothes or don beach or wearing apparel in any automobile, truck or other vehicle located on any public or private highway, road or street or any public or private lot or premises in the Borough of Avon-by-the-Sea.
No person shall at any time use any automobile, truck or other vehicle located on any public or private highway, road or street or any public or private lot or premises in the Borough of Avon-by-the-Sea for sleeping or living purposes.
No person shall urinate in the open on any public or private place, lot or premises, highway, road or street in the Borough of Avon-by-the-Sea.
No person shall recklessly or wantonly endanger life, limb or property, including his own, within the Borough of Avon-by-the-Sea.
[Added 6-23-97 by Ord. No. 18-1997]
No person shall revel, quarrel, fight, brawl or otherwise engage in any disorderly conduct so as to disturb the public peace and quiet. Any person violating the provisions of this section shall be liable to the penalty stated in Chapter 128, Section 18.
No person shall, within the limits of the Borough of Avon-by-the-Sea, hinder or obstruct any Borough police officer in the performance of his duties, nor shall any person willfully refuse or neglect to assist any Borough police officer when lawfully called upon by him to do so in the execution of any process or in the suppression of any breach of the peace or disorderly conduct or any crime or in the case of an escape or when such police officer is resisted in the discharge of his duty; nor shall any person knowingly resist or oppose any police officer or person authorized by law in serving or attempting to serve any writ, bill, order or process or when making any arrest, either with or without a warrant.
No person shall jump, leap or dive or throw or push any person or object from any bridge or similar abutment into the Shark River.
[Added 8-10-81 by Ord. No. 19-1981]
No person shall operate, leave or park any motor vehicle, moped or other motorized vehicle upon the beach or boardwalk of the Borough of Avon-by-the-Sea, unless specifically authorized to do so.