[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:
Obstruction of the free, unhampered passage of pedestrians or
vehicles.
Obstructing, molesting or interfering with any person lawfully
upon any street, park or other public place.
Remaining idle in essentially one (1) location without being
able to establish having a legitimate business or purpose in so remaining
idle.
Conduct involving the concept of standing idly by, loafing,
walking about aimlessly without purpose, and including the colloquial
expression of "hanging around."
Refusing to move on when so requested by a peace officer, provided
that the peace officer has exercised his discretion reasonably under
the circumstances in order to preserve or promote peace and order.
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.
[Added 6-14-2021 by Ord. No. 22-2021]
A.
The burning of, inhaling from, exhaling the smoke from or the possession
of a lit cigar, cigarillo, pipe or any other matter or substance which
contains tobacco, cannabis or any other matter that can be smoked,
or the inhaling or exhaling of smoke or vapor from an electronic smoking
device shall be prohibited in the following areas which have not been
otherwise designated as "smoking permitted areas":
(1)
Sylvan Lake and the surrounding environs;
(3)
Municipal swimming pool and the surrounding areas bordered by Norwood
Avenue, Woodland Avenue and Ocean Avenue;
(4)
Library building and surrounding public property;
(5)
Municipal building and surrounding public property;
(6)
Volunteer Park, including, but not limited to, playground, basketball
court, and tennis court;
(7)
Riverfront Park and marina building and property, marina docks, and
upon docked vessels (except in designated area);
(8)
Municipal water plant;
(9)
Municipal school building and surrounding public property;
(10)
Municipal Public Works Facility;
(11)
All other municipal-owned property;
(12)
Municipal parking lots;
(14)
Those areas and modes of transportation as prohibited by N.J.S.A.
2C:33-13, Smoking in public.
B.
A violation of this section for a first offense will result in a
fine of $250; and for a second and subsequent offenses, $500 and up
to 30 days in prison.
[1]
Editor's Note: Former § 128-3 was repealed 3-9-2009
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]
A.
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.
B.
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.
C.
Chemical irritants include, but are not
limited to, such substances as "mace," "pepper mace," "punch," "capsicum"
or other similar substances.
D.
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; amended 6-14-2021 by Ord. No. 21-2021]
A.
No person without proof of a medical prescription shall smoke, vape
or aerosolize any cannabis item on a public street, highway, avenue,
alley or road of the Borough, or upon any public grounds, parks, playgrounds,
recreational areas, sidewalks, swimming pool, beaches, marine basins,
beachfront or boardwalk 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 and any public place
as defined by New Jersey Cannabis Regulatory Enforcement Assistance
and Marketplace Modernization Act.[1]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
No person shall smoke, vape, or aerosolize any cannabis item in any
public building and grounds surrounding or associated with the public
building and public school building and grounds surrounding or associated
with the public school.
C.
No person with a medical prescription for cannabis shall use medical marijuana and/or paraphernalia in public areas designated as no smoking zones as defined by § 128-3 of the Borough Code.
D.
The use of medical marijuana and/or paraphernalia without proof of
a medical card shall constitute a violation of this section.
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 8-10-1981 by Ord.
No. 19-1981; amended 8-23-2021 by Ord. No. 25-2021]
A.
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.
B.
No person
shall operate a low-speed electric bicycle or low-speed electric scooter
upon the beach or -boardwalk of the Borough of Avon-by-the-Sea, unless
specifically authorized to do so. Parking of a low-speed electric
bicycle or low-speed electric scooter is permitted.
