[Ord. No. 455; 1972 Code
§ 6-1.1]
As used in this section:
Any putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish as defined herein and all other
waste material which, if thrown, deposited or stored as herein prohibited,
tends to create a danger to public health, safety and welfare.
Any dwelling, house, building, or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, ground, walk, driveway, porch, steps or
vestibule belonging or appurtenant to such dwelling, house, building
or other structure.
Any streets, sidewalks, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings.
Any structure or building owned or operated by the Federal,
County or State government or any governmental agency.
All putrescible solid wastes (except body wastes) including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, dismantled automobiles and parts, scrap metal, junk,
machinery, and solid market and industrial wastes.
Nonputrescible solid wastes, consisting of both combustible
and non-combustible wastes, such as papers, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery, building materials and similar materials.
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.
Any wild plant that grows in a location where it is not wanted,
including sidewalks, cracks, curbs, roads and other properties.
[Added 9-17-2019 by Ord.
No. 16-19]
[Ord. No. 455; 1972 Code
§ 6-1.2]
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the Borough except in public
receptacles or in authorized private receptacles for collection, or
in official Borough dumps, provided, however, that public receptacles
shall not be used by persons owning or occupying property in the vicinity
of public receptacles for the deposit of domestic, commercial and
industrial litter arising from the conduct of activities.
[Ord. No. 455; 1972 Code
§ 6-1.3]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any streets,
sidewalk or other public place. No person shall burn in the open any
rubbish or garbage or refuse, including leaves, wood, and building
debris. This shall not be construed to prohibit outdoor cooking and
the use of normal fuel for such cooking.
[Ord. No. 455; 1972 Code
§ 6-1.4]
No person shall sweep into or deposit in any gutter, street
or other public place within the Borough, the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
[Ord. No. 455; 1972 Code
§ 6-1.5; amended 9-17-2019 by Ord. No. 16-19]
No person owning or occupying a place of business or any other
property shall sweep into or deposit in any gutter, street or other
public place any litter. Persons owning or occupying places of business
or any other property within the Borough shall keep their business
premises or property and sidewalk abutting their business premises
or property free of litter and weeds, and not interfere with the passage
of pedestrians.
[Ord. No. 455; 1972 Code
§ 6-1.6]
No person, while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
Borough.
[Ord. No. 455; 1972 Code
§ 6-1.7]
No person shall drive or move any truck or other vehicle within
the Borough unless the vehicle is so constructed or loaded as to prevent
any load or contents of litter from being blown or deposited upon
any street, alley or other public place. Nor shall any person drive
or move any vehicle or truck within the Borough the wheels or tires
of which carry onto or deposit in any street, alley or other public
place, mud, dirt, sticky substances or foreign matter of any kind.
[Ord. No. 455; 1972 Code
§ 6-1.8]
No person shall throw or deposit litter in any park within the
Borough except in public receptacles, and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its presence
and properly disposed of elsewhere.
[Ord. No. 455; 1972 Code
§ 6-1.9]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or any other body of water in a park or elsewhere
within the Borough.
[Ord. No. 455; 1972 Code
§ 6-1.10]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the Borough. Nor shall any person hand out or distribute or sell any
commercial handbill in any public place. Provided, however, that it
shall not be unlawful on any sidewalk, street or other public place
within the Borough for any person to hand out or distribute, without
charge to the receiver, any noncommercial handbill to any person willing
to accept it.
[Ord. No. 455; 1972 Code
§ 6-1.11]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle. Provided, however, that it shall
not be unlawful in any public place for a person to hand out or distribute
without charge to the receiver, a noncommercial handbill to any occupant
of a vehicle who is willing to accept it.
[Ord. No. 455; 1972 Code
§ 6-1.12]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Ord. No. 455; 1972 Code
§ 6-1.13]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to do so, or if there is placed on the premises
in a conspicuous position near the entrance a sign bearing the words,
"No Peddlers or Agents," "No Advertisement," or any similar notice,
indicating in any manner that the occupants of the premises do not
desire to be molested or have their right of privacy disturbed, or
to have any such handbills left upon their premises.
[Ord. No. 455; 1972 Code
§ 6-1.14]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly to the
owner, occupant, or other person then present in or upon such private
premises. Provided, however, that in case of inhabited private premises,
which are not posted, as provided in this section, such person, unless
requested by anyone upon the premises not to do so, shall have the
authority to place or deposit any such handbill in or upon the inhabited
private premises, if the handbill is so placed or deposited as to
secure or prevent the handbill from being blown or drifted about the
premises or sidewalks, streets or other public places, and except
that mailboxes may not be used when so prohibited by Federal postal
law or regulations.
[Ord. No. 455; 1972 Code
§ 6-1.15]
The provisions of this section shall not apply to the distribution
of mail by the United States, nor to newspapers.
[Ord. No. 455; 1972 Code
§ 6-1.16]
No person in any aircraft shall throw out, drop or deposit within
the Borough any litter, handbill or any other object.
[Ord. No. 455; 1972 Code
§ 6-1.17; Ord. No. 23-06]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized by the owners or required
by law. Each owner of a public utility pole is responsible for the
inspection and removal of any marks, signs, placards, bulletins, handbills,
notices, or any other foreign object placed upon its pole in violation
of N.J.S.A. 27:5-9(f) and in accordance with N.J.A.C. 14:3-2.5.
[Ord. No. 455; 1972 Code
§ 6-1.18]
No person shall throw, deposit or store litter on any occupied,
private property within the Borough, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles for collection and removal
of litter in such manner that the litter shall not be unsightly and
detrimental to the surrounding neighborhood.
[Ord. No. 455; 1972 Code
§ 6-1.19]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, particularly one
or more automobile bodies, frames or chassis, one or more automobiles
unable to be self-propelled, or one or more abandoned automobiles.
Provided, however, that this subsection shall not prohibit the storage
of litter in authorized private receptacles for collection.
[Ord. No. 455; 1972 Code
§ 6-1.20]
No person shall throw or deposit litter on any open or vacant
private property within the Borough whether owned by such person or
not.
[Ord. No. 13-83]
Persons owning or occupying property, including all places of
business within the Borough, shall keep the gutter in front of their
premises free of litter.
[Ord. No. 10-04]
a.
Public Property. An automobile shall be deemed abandoned within the
Borough of Keyport if said automobile shall be parked on any street,
roadway, dedicated street, municipal property or municipal parking
lot and shall remain in the same position for a period of 48 consecutive
hours, except as follows:
b.
Private Property. An automobile shall be abandoned within the Borough
of Keyport if said automobile shall be parked on any private property
and which shall remain in the same position for a period of 48 consecutive
hours and which automobile is either not currently registered, inspected
or insured in accordance with Title 39 of the New Jersey State Statutes,
except as follows:
1.
In the case of a municipal, County, State or Federal automobile.
2.
In the case of any automobile properly garaged or enclosed on private
property.
3.
In the case of any automobile situated on any new car dealership,
used car dealership, automotive repair shop, automotive body shop
or service station within the Borough.
[Ord. No. 17-05]
The purpose of this section is to establish requirements to
control littering in the Borough of Keyport, so as to protect public
health, safety and welfare and to prescribe penalties for the failure
to comply.
[Ord. No. 17-05]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material or any combination thereof,
including but not limited to, any bottle, jar or can, or any top,
cap or detachable tab of any bottle, jar or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other lawn or garden waste,
newspapers, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary by processes of mining or other extraction processes,
logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this State subject to municipal
jurisdiction.
[Ord. No. 17-05]
a.
It shall be unlawful for any person to throw, drop, discard or otherwise
place any litter of any nature upon public or private property other
than in a litter receptacle or having done so, to allow such litter
to remain.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this section, the operator or owner,
or both, of the motor vehicle or boat shall also be deemed to have
violated this section.
[Ord. No. 17-05]
This section shall be enforced by the Police Department and
Board of Health of the Borough of Keyport.
[Ord. No. 17-05]
Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in Section 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.
[Ord. No. 8-10-55; 1972
Code § 6-7.1]
No person, firm or corporation shall by noise disturb others
or destroy the peace of the neighborhood or the quiet or repose of
others in the neighborhood.
[Ord. No. 8-10-55; Ord. No. 32-89; Ord. No.
12-98]
It shall be unlawful for any person, firm or corporation to
make, cause, suffer or permit to be made any of the following acts
so as to either annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of others within the Borough of Keyport limits.
Such acts shall be a violation of this subsection and therefore subject
to the penalties set forth at subsection 4-2.7.
a.
Playing of any television, radio, phonograph, recording or other
sound device or any other musical instrument.
b.
The sounding of any horn or any other signal device on any motor
vehicle, except when required by law or when necessary to give timely
warning of impending danger to persons driving other vehicles or to
persons on the street. No person shall sound any horn or warning device
on any motor vehicle which shall emit an unreasonably loud, harsh
or unusual sound or for any unnecessary or unreasonable period of
time.
c.
The keeping of any animal or bird which shall emit frequent or long
continued noise.
d.
Yelling, shouting, hooting, whistling or singing.
e.
The use of any mechanical equipment such as bulldozers, steam shovels,
mechanical or electrical saws, presses, tools, conveyors, loaders
or other devices.
f.
The shouting, ringing of bells and crying of peddlers, hawkers, vendors,
solicitors and canvassers.
g.
The use of any sound truck, loud speaker, sound amplifiers or similar
instrument.
h.
The conduct of any business or commercial enterprise in such manner
as to attract the general public by reason of continued loud or disturbing
noises.
i.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, boat engine or motor vehicle
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
j.
The use of any motor vehicle so out of repair or so loaded or in
such manner as to create loud or unnecessary grating, grinding, rattling
or other noise.
k.
The creation of a loud, excessive or disturbing noise in connection
with the loading or unloading of any vehicle or the opening or construction
of any bales, boxes, crates or containers.
l.
The erection (including excavating), demolition, alteration or repair
of any building other than between the hours of 7:00 a.m. and 9:00
p.m. on weekdays, except in case of urgent necessity in the interest
of public health and safety, and then only with a permit from the
Construction Official, which permit may be granted for a period not
to exceed three days or less while the emergency continues and which
permit may be renewed for periods of three days or less while the
emergency continues. If the Construction Official should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 6:00 p.m. and 7:00 a.m.
and if he shall further determine that loss or inconvenience would
result to any party in interest, he may grant permission for such
work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application
being made at the time the permit for the work is awarded or during
the progress of the work.
m.
The creation of any excessive noise on any street adjacent to any
school, institution of learning, church or court while the same are
in use, or adjacent to any hospital, which unreasonably interferes
with the workings of the institution, or which disturbs or unduly
annoys patients in the hospital, provided conspicuous signs are displayed
in the streets indicating that there is a school, hospital or court
street.
n.
The use of any drum or other instrument or device for the purpose
of attracting attention by the creation of noise for any performance,
show or sale.
o.
The transportation of rails, pillars, columns of iron, steel or other
material over and along streets and other public places upon carts,
drays, cars, trucks or in any other manner, loaded so as to cause
loud noises or disturb the peace and quiet of such streets or public
places.
p.
The causing, permitting or continuing of any excessive, unnecessary
and avoidable noise in the operation of a motor bus.
q.
The operation between the hours of 10:00 p.m. and 7:00 a.m. of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or
unusual noise.
r.
The operation of any noise-creating blower or power fan or any internal-combustion
engine which causes noise due to the explosion of operating gases
or fluids, unless the noise from such blower or fan is muffled and
such engine is equipped with a muffler device sufficient to deaden
such noise.
[Ord. No. 8-10-55]
Any of the acts set forth in subsection 4-2.2, which occur between the hours of 11:00 p.m. and 7:00 a.m. and made or created in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle, instrument, appliance or place from which it emanates, shall be prima facie evidence of a violation of this section.
[Ord. No. 8-10-55]
The enumeration of the acts set forth in subsection 4-2.2 shall not be deemed to be exclusive and it shall be a violation of this section to do, cause, permit or suffer any other act resulting in or creating a disturbing noise.
[1]
Editor's Note: Former Sec. 4-2.5, Exceptions, enacted by Ord.
No. 8-10-55, was repealed 11-22-2016 by Ord. No. 22-16.
[Ord. No. 1-93]
Nothing herein contained shall be construed to apply to the
New Jersey Department of Transportation and/or any and all agents,
servants, employees and/or contractors working for the New Jersey
Department of Transportation while performing work to State Highway
Route 36, mile post 23.0 to 24.1.
[Ord. No. 404; 1972 Code
§ 6-9.1]
Members of the Police Department shall remove a vehicle from
a street to the nearest garage or other place of safety, or to a garage
designated or maintained by the Police Department, or otherwise maintained
by this Borough under the following circumstances:
a.
When any vehicle is left unattended upon any bridge, viaduct or causeway,
or in any tube or tunnel where the vehicle constitutes an obstruction
to traffic.
b.
When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the person in charge of the vehicle is
by reason of physical injury incapacitated to such an extent as to
be unable to provide for its custody or removal.
c.
When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the owner or person in charge of the vehicle
willfully neglects, or refuses to move the vehicle to a place where
it shall not obstruct traffic.
d.
When any vehicle is left unattended upon a street and is so parked
illegally as to constitute a definite hazard or obstruction to the
normal movement of traffic.
e.
When any vehicle is parked without identification markers as provided
by State law.
f.
When any vehicle has been abandoned. A vehicle shall be considered
abandoned, if it has been parked continuously on a public highway
for a period in excess of 48 hours.
g.
When the snow plows or snow removal or loading equipment of the Borough
are in operation and any vehicle is parked on the public street or
sidewalk in such a manner as to interfere with the efficient operation
of the snow plows or snow removal or loading equipment.
[Ord. No. 404; 1972 Code
§ 6-9.2]
Immediately after a vehicle is so removed, the Chief of Police
or a member acting for him shall notify the registered and legal owner
in writing, by personal service, or by registered mail, at the last
known address of the owner of the removal of the vehicle and the reason
for the removal and the location of the vehicle.
The vehicle shall be retained and impounded, until the person
owning such vehicle shall pay the cost of the taking and removal,
together with a garage charge of $1 for each day the vehicle is retained
and impounded.
[Ord. No. 404; 1972 Code
§ 6-9.3; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty. These penalties shall be in addition to the liability for the costs of removal and impounding provided for elsewhere in this section.
[Ord. No. 454; 1972 Code
§ 6-2.1]
Whenever it is determined by the Mayor and Council that brush,
hedges and other plant life growing within 25 feet of the intersection
of two roadways, constitutes a hazard and that its cutting is necessary
for the preservation of public safety, the owner or tenant of the
lands upon which the brush, hedges or plant life is growing shall
cut it to a height of not more than 2 1/2 feet within five days
after notice as hereinafter provided.
[Ord. No. 454; 1972 Code
§ 6-2.2]
The notice herein required may be made orally or in writing by any member of the Police Department or other person authorized by the Borough Council, and shall notify the owner or tenant to cut the brush, hedges and other plant life to a height of not more than 2 1/2 feet within 10 days, as provided in subsection 4-4.1. In the event notice is made orally, it shall be made to the owner or tenant personally. If notice is made in writing, it may be served upon the owner or tenant personally or by leaving it at his place of residence or business with a member of his family or employee over the age of 14 years, or by mailing it to him at his last known post office address, or for want of a name or address, it shall be sufficient notice if it is forwarded to the same address to which the tax bills for the property are forwarded.
[Ord. No. 454; 1972 Code
§ 6-2.3]
In the event the owner or tenant neglects or refuses to cut
the plant growth within 10 days after notice is provided, the required
cutting shall be done by or under the direction of the Chief of Police,
who shall certify the cost to the Borough Council, which shall examine
the certificate and if found correct shall cause the cost as shown
to be charged against the lands, or in the event that the cost is
excessive to cause the reasonable cost to be charged against the lands.
Any amount so charged shall forthwith be a lien upon the lands and
shall be added to and become part of the taxes next to be assessed
and levied upon the lands in the amount and as provided and authorized
by N.J.S.A. 40:48-2.27 and any amendments and supplements.
[Ord. No. 454; 1972 Code
§ 6-2.4]
For the purpose of this section the County of Monmouth shall
be an officer of the Borough and shall be authorized and empowered
to carry out the terms and provisions of this section on all County
roads and at all intersections with County roads located in the Borough.
[Ord. No. 5-11; amended 3-17-2015 by Ord. No. 7-15]
Any owner or owners, occupant or occupants, tenant or tenants,
building superintendent, rental agent, owner or manager of any residential
or commercial property, including, but not limited to, single-family,
two-family or multifamily dwellings, including rooming houses and
boardinghouses, townhouses, condominiums, apartments or rooms over
or otherwise part of commercial properties, garden apartment complexes
or any other premises abutting or bordering upon any public street
in the Borough, shall remove all snow and ice from the abutting sidewalks
of such streets, and from the streets, roadways and parking areas
of each townhouse, condominium, garden apartment complex or other
multifamily dwelling, or in the case of ice which may be so frozen
as to make removal impractical, shall cause the same to be thoroughly
covered with sand within 24 hours after the same shall cease to fall
or be formed thereon, or within 24 hours of the end of any state of
emergency declared by the Governor, the Mayor or other appropriate
executive authority. This twenty-four-hour period may be extended
during severe conditions by a resolution of the Borough Council.
[Ord. No. 5-11; amended 3-17-2015 by Ord. No. 7-15]
The removal of snow and ice as required in Subsection 4-5.1 shall not be accomplished by plowing, shoveling or otherwise moving the snow and ice onto streets within the Borough.
[Ord. No. 5-11; amended 3-17-2015 by Ord. No. 7-15]
In all cases where the owners, occupants, tenants, or other individuals enumerated in Subsection 4-5.1 shall fail to comply with that subsection, the Borough shall remove the snow or ice by and under the direction of the Superintendent of Public Works or such other official in charge of the care and maintenance of the Borough streets.
[Ord. No. 5-11; amended 3-17-2015 by Ord. No. 7-15; 4-5-2016 by Ord. No. 2-16]
In all cases where snow or ice shall have been removed by and
under the direction of the Borough, the Borough official in charge
shall certify the cost of removal to the Borough Council, and the
Borough Council shall examine the certification and if found correct,
shall cause the cost so certified to be charged against the lands
and premises. The cost certified to the Mayor and Council shall include
a fee of $40 per removal event to defray the Borough's administrative
costs associated with removal activity. The amount so charged shall
forthwith become a lien upon the land and premises and shall be added
to and become part of the taxes to be assessed and levied upon the
lands and premises, the same to bear interest at the same rate as
taxes and shall be collected by the same officials and in the same
manner as taxes. The liability for the cost of the removal shall be
in addition to any penalty provided for elsewhere in this section.
[Ord. No. 5-11; amended 3-17-2015 by Ord. No. 7-15]
[Ord. No. 168; 1972 Code
§ 6-5.1]
No poplar trees shall be planted along the curb line or anywhere
else in the sidewalks of the Borough, or along the sidewalks so that
the roots from them may spread in or upon the sidewalks of the Borough.
Any trees located in any sidewalk or along the edge of any sidewalk
in the Borough, that have become old, decayed, rotten, broken or liable
to fall upon the streets or sidewalks of the Borough, are a nuisance
and shall be forbidden, and the owner of the property abutting sidewalk
where the trees are located, is guilty of maintaining a nuisance.
[Ord. No. 168; 1972 Code
§ 6-5.2]
When the Street Superintendent or other Borough official shall
report trees in such condition as being liable to fall in or upon
the streets or sidewalks of the Borough, the Mayor and Council shall
cause an inspection of the trees. Upon a report having been made that
the trees are in the above dangerous condition, the Borough Council
shall order the property owner to remove them, or to show cause at
a regular or special meeting of the Borough Council of which the property
owner shall receive five days' notice, why the trees should not be
removed, and if not so removed, why the Borough should not cause the
removal and charge the cost to the abutting property owner.
[Ord. No. 168; 1972 Code
§ 6-5.3]
At the meeting at which the hearing is held, after the property
owner shall have been given an opportunity to be heard, if in the
judgment of the Mayor and Council the trees are in the above dangerous
condition, they shall order and cause the trees to be removed forthwith
by the property owner and if not done within 24 hours, the same to
be done by the Borough and the cost charged to the abutting property
owner.
[Ord. No. 168; 1972 Code
§ 6-5.4]
The cost and expense for the removing of the trees, which may
be incurred by the Borough shall be chargeable against the abutting
property owner, and the Borough may proceed to collect the charges
in the usual manner prescribed by law.
[1]
Editor's Note: For regulations concerning premises licensed
to sell alcoholic beverages, see Chapter VI, Alcoholic Beverage Control.
[Ord. No. 546; 1972 Code
8-6; Ord. No. 11-76]
No person shall serve, sell, dispense, drink or consume any
alcoholic beverage on a public street of this Borough or upon any
public grounds, parks, sidewalks or in any automobile or other vehicle
or any other means of transportation while on the public streets,
public grounds, parks or sidewalks.
[Ord. No. 11-76]
No person shall possess any open bottle, can or container which
contains alcoholic beverages on any public street of this Borough
or upon any public grounds, parks, sidewalks or in any automobile
or other vehicle or any other means of transportation while on the
public streets, public grounds, parks or sidewalks.
[Ord. No. 549; 1972 Code
§ 6-11.1]
Whenever the Mayor or, in the event of his inability to act,
the President of the Borough Council, determines that an emergency
exists as a result of mob action or other civil disobedience causing
danger of injury or damages to persons or property, he shall have
the power to impose by emergency proclamation any of the following
regulations necessary to preserve peace and order in the Borough:
a.
Curfew. Impose a curfew on all or any portion of the borough requiring
all persons in such designated curfew areas to forthwith remove themselves
from the public streets, alleys, parks or other public areas; provided,
that physicians, nurses and ambulance operators performing medical
services, utility personnel maintaining essential public services,
firemen and Borough authorized or requested law enforcement officers
and personnel may be exempted from such curfew.
b.
Closure of Businesses. Order the closing of any business establishments
anywhere within the Borough for the period of the emergency, such
businesses to include those selling intoxicating liquors, gasoline
or firearms, but without limitation thereto.
c.
Closure of Streets. Designate any public street, thoroughfare or
vehicle parking areas closed to motor vehicles and pedestrian traffic.
d.
Law Enforcement. Call upon regular and auxiliary law enforcement
agencies and organizations within or without the Borough to assist
in preserving and keeping the peace within the Borough.
[Ord. No. 549; 1972 Code
§ 6-11.2]
An emergency proclamation shall become effective upon its issuance
and dissemination to the public by appropriate news media.
[Ord. No. 549; 1972 Code
§ 6-11.3]
After the Mayor has declared that a state of disaster or emergency
exists in the Borough and has issued an order or proclamation regulating
the movements of persons or vehicles in or about the Borough or the
dispensing by licensed persons of alcoholic beverages therein or the
sale of gasoline by gasoline service stations or firearms or ammunition
by any retail business establishments in the Borough, it shall be
unlawful and a violation of this section for any person to be upon
the streets, ways or places in the Borough; to drive vehicles over
the streets in the Borough; to dispense alcoholic beverages; to sell
gasoline at any gasoline service stations; or firearms or ammunition
at any retail business establishments during the hours prohibited
by such order or proclamation, unless otherwise permitted by the Borough.
[Ord. No. 549; 1972 Code
§ 6-11.4]
An emergency proclaimed in accordance with the provisions of
this section shall terminate on the issuance of a proclamation determining
and stating that the emergency no longer exists.
[1972 Code § 7-9.1]
As used in this section:
A device having wheels with tires 20 inches or more in diameter,
connected by a frame of metal and arranged to be propelled by human
power.
[Ord. No. 187; 1972 Code
§ 7-9.2]
No person residing in the Borough shall ride or use a bicycle
unless it has been registered with the Police Department and a license
obtained therefrom.
[1972 Code § 7-9.3]
Application for a bicycle license shall be made by the owner
of the bicycle to the Police Department upon forms provided for by
the Department. All bicycles regulated by this section shall be registered
on or before January 15 annually.
[1972 Code § 7-9.4]
The following rules and regulations shall be observed in the
operation of a bicycle on the streets and public places of the Borough.
a.
Every person operating a bicycle shall at all times operate it 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 safety, and shall at all times and under all conditions yield
the right-of-way to pedestrians on the streets, highways, parkway
and public places and on the crosswalks.
b.
Every bicycle, when in use at night, shall be equipped with a lamp
on the front which emits a white light visible from a distance of
at least 500 feet to the front, and with a lamp on the rear which
emits a red light visible from a distance of at least 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 Police Department, which shall
be visible from all distances from 50 feet to 300 feet to the rear
when directly in front of lawful upper beams of head lamps on a motor
vehicle.
c.
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 100 feet, except that a bicycle shall not be equipped
with, nor shall any person use upon a bicycle, any siren or whistle.
d.
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.
e.
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 he ride with his feet removed from the pedals or with both hands
removed from the handlebars, nor shall he practice any trick or fancy
riding in a street. No bicycle shall be used to carry more persons
at one time than the number for which it is designed and equipped.
f.
No person operating a bicycle upon any street, highway, parkway or
public place shall attach himself to any other moving vehicle.
g.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
h.
Persons riding bicycles upon a roadway shall ride in single file
except on paths or parts of roadways set aside for the exclusive use
of bicycles.
i.
Wherever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use the
roadway.
j.
No person shall ride or use a bicycle upon the streets and public
highways of the Borough so long as the license therefor has been revoked
or suspended.
k.
The license shall be attached to the bicycle in a conspicuous place.
[1972 Code § 7-9.5]
All licenses issued under this section shall expire on December
31 of each year. Any and all licenses shall be issued for the remainder
of the registration year following the date of issue.
[1972 Code § 7-9.6]
Any person who sells or transfers ownership of any bicycle shall
report such sale or transfer by returning to the Police Department
the license issued to him together with the name and address of the
person to whom the bicycle was sold or transferred. Such report shall
be made within two days of the date of sale or transfer thereof.
[1972 Code § 7-9.7]
The Chief of Police or his designated representative shall inspect each bicycle offered for licensing and shall examine the riding qualifications of the applicant and his knowledge of the vehicle traffic laws of the State applying to bicycles, traffic signs and signals, as set forth in subsection 4-9.4, and if the applicant's riding qualifications, knowledge of the vehicle laws of the State applying to bicycles and the bicycle safe riding rules and regulations, and the official police instructions for the safe operation of a bicycle are not satisfactory, or the bicycle is not in a good and safe operating condition and properly equipped as provided for in this section, a license for the applicant's bicycle shall not be issued until all requirements are fulfilled.
[1972 Code § 7-9.7]
a.
Any person under the age of 18 years who violates any of the provisions
of this section, in addition to such other penalties as may be provided
for by law shall for the first offense be reprimanded in writing by
the Police Department, addressed to the parents or guardian of the
offender, stating the nature of the violation and a warning that a
repetition of the violation, or any other violations, shall be prevented
by the parents or guardian of the offenders; license shall be suspended
for a period of time at the discretion of the Police Department and
during that period of time the offender shall not ride his bicycle
on the streets. On the second offense, the license may be revoked.
b.
Any person over 18 years of age violating any of the provisions of
this section shall upon conviction thereof, in addition to the suspension
or revocation of such license as herein mentioned, shall be punished
by the payment of a fine not to exceed $25.
[Ord. No. 13-07]
No person shall smoke, while occupying a motor vehicle, if a
person under the age of 18 is also occupying the vehicle.
a.
MOTOR VEHICLE
SMOKE
Definitions.
Any self-propelled vehicle licensed for on-road usage, other
than a motorcycle, moped, motor scooter or motorized bicycle, regardless
of whether the motor vehicle is publicly or privately owned, leased
or rented; whether the motor vehicle is operated for public, private
or commercial purposes; or whether the windows or doors of the vehicle
are in an opened or closed position.
The burning, inhaling, exhaling, or being in possession of
a lighted cigarette, cigar, pipe or any other matter or substance
which contains tobacco or any other matter that can be smoked.
b.
Enforcement. Enforcement of this act by State or local law enforcement
officers shall be accomplished only as a secondary action when the
operator of a motor vehicle has been detained for a violation of Title
39 of the Revised Statutes or another offense.
[Added 9-19-2023 by Ord. No. 10-23]
No person shall 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 for sleeping or living purposes
at any time.
[1972 Code § 7-9.1]
As used in this section:
Remaining idle or walking aimlessly about in essentially
one location.
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
A place to which the public has access and shall include
any public building and grounds, street, boardwalk or sidewalk. It
shall also include the front or the neighborhood of a store, shop,
restaurant, tavern or other place of business, and public grounds,
areas, parks and marinas, 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 parent or guardian.
[Ord. No. 512; 1972 Code
§ 6-6.2]
No person shall loiter in a public place in such a manner as
to:
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 a public
place. This paragraph 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, or in whose hearing, they are made.
[1972 Code § 6-6.3]
Any person violating the provisions of subsection 4-12.2 shall be ordered to move on by a police officer, failing which he shall be guilty of a violation.
[Ord. No. 6-74; 1972 Code
§ 6-6.4]
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is convicted of a violation
of this section, his parent or guardian shall be notified of this
fact by the Chief of Police or any other person designated by him
to give such notice. If at any time within 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 parent
or guardian.
[Ord. No. 21-90]
The purpose of this section is to establish regulations concerning
the operation and maintenance of certain alarm systems within the
Borough and to provide penalties upon conviction for violation of
any of the provisions set forth herein.
[Ord. No. 21-90]
As used in this section:
Any mechanical, electrical or electronic device which is
designated or used for the detection of an unauthorized entry into
a building, structure or facility or for alerting others about the
commission of an unlawful act within a building, structure or facility
or for alerting others about the existence of any other condition
requiring response of police, fire or ambulance personnel and which
emits and/or transmits an audible and/or visual signal or message
when actuated. "Alarm Systems" include, but are not limited to, direct-dial
telephone devices, audible alarms and subscriber alarms.
A device that emits an audible signal from the premises that
it is designated to protect.
The Borough of Keyport.
A device that, when actuated, causes a recorded message to
be transmitted, via telephone to the Keyport Police dispatcher's room,
stating that emergency response is necessary.
The primary phone number advertised to the public for requesting
emergency services.
An alarm signal, necessitating response by the Keyport Police
and/or Fire Department, where an emergency situation does not exist.
The Keyport Police Department.
An alarm system that is terminated by direct connection to
the Keyport Police dispatcher's room, in accordance with regulations
prescribed in separate legislation.
[Ord. No. 21-90]
a.
General Regulations.
1.
It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the Borough to
provide current information to the police, consisting of the names
and telephone numbers of responsible persons who may be contacted
in case of emergency or who are authorized to provide service to the
alarm system; at least one must be on a twenty-four-hour basis. This
information must be filed with the police when the alarm system is
initially placed into service and must be revised immediately whenever
changes are necessary.
2.
Audible alarms must be shut off and must be equipped with a timing
device that will automatically silence the audible alarm within 10
minutes after it is actuated.
3.
The direct-dial alarms shall be connected to the police emergency
number (264-0706). Direct-dial alarms must be equipped with a device
that will prevent more than three repeated transmissions of an alarm
from the same emergencies to the police dispatcher's room. Recorded
messages must also include the name and telephone number of a responsible
person who may be contacted by the police in case of an emergency,
on a twenty-four-hour basis.
4.
It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the Borough to
prevent the transmission of false alarms through a program of training
and periodic inspections and maintenance of the system. The maximum
permissible number of false alarms from any one location shall be
as follows: two alarms in any thirty-day period or eight false alarms
in any one-year period. False alarms in excess of these standards
shall be considered to be in violation of this chapter.
b.
Exceptions. The provisions of this section shall not apply to the
general alerting alarms that may be used by fire companies, ambulance
squads or civil defense agencies to summon response of their members.
The provisions of this section shall not apply to alarm systems that
are affixed to motor vehicles.
[Ord. No. 29-87; Ord. No. 32-89; Ord. No.
21-90]
Any person, entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in Section 1-5 of this Code. Each incident shall be considered as a separate violation. In addition to any penalty that may be ordered by the Court, the Chief of Police may authorize the disconnection of subscriber alarms from the police station dispatcher's room after giving written notice to the subscriber.
[Ord. No. 21-90]
The provisions contained herein shall apply equally to those
alarm systems that were placed in service prior to or subsequent to
the effective date[1] of this section.
[1]
Editor's Note: This section was adopted by Ordinance No. 21-90
on August 14, 1990 and became effective pursuant to law.
[Ord. No. 17-88; Ord. No. 2-93; Ord. No.
4-97; Ord. No. 8-98; Ord. No. 5-99]
In accordance with and pursuant to the authorization of P.L.
1997, c. 327 (C. 2C:35-5) and P.L. 1988, c. 44 (C. 2C:35-7), the Drug
Free School Zone Map produced on or about November 3, 1987, and amended
on or about May 15, 1988 by Schoor DePalma is hereby amended to include
the locations of real property within the Borough of Keyport comprising
the Henry Hudson Trail, a public recreational facility as shown on
a map of the Borough of Keyport entitled Drug Free Zone Map dated
March 11, 1999, prepared by Schoor DePalma and henceforth, to be known
and designated as the Drug Free Zone Map. The Drug Free Zone Map is
approved and adopted as an official finding and record of the location
and areas within the municipality of property which is: (1) used for
school purposes and which is owned by or leased to any elementary
or secondary school or school board, and of the areas on or within
1,000 feet of such school property; (2) comprising a public housing
facility owned by or leased to a local housing authority in accordance
with the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (C.
40A:12-1, et seq.) and of the areas on or within 500 feet of such
public housing facility property; (3) comprising a public park, i.e.,
a park, recreation facility or area or playground owned or controlled
by a State, County or local government unit and the areas on or within
500 feet of same; and (4) comprising a public building, i.e., any
publicly-owned or leased library or museum.
[Ord. No. 17-88; Ord. No. 4-97; Ord. No.
8-98]
The Drug Free Zone Map, amended, approved and adopted pursuant to subsection 4-14.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes and within 500 feet of any public housing facility, public park and/or public building, and until such time, if any, that this section shall be amended again to reflect any additions or deletions with respect to the location and boundaries of such property and Drug Free Zones.
[Ord. No. 17-88; Ord. No. 4-97; Ord. No.
8-98]
The School Board, or the Chief Administrative Officer in the
case of any private or parochial school or the Borough Administrator
in the case of any public housing facility, public park and/or public
building, is hereby directed and shall have the continuing obligation
to promptly notify the Borough Engineer and the Borough Attorney of
any changes or contemplated changes in the location and boundaries
of any such properties.
[Ord. No. 17-88; Ord. No. 4-97; Ord. No.
8-98]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 4-14.1 of this section and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time 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.
[Ord. No. 17-88; Ord. No. 4-97; Ord. No.
8-98]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the Drug Free Zone Map approved and adopted pursuant to subsection 4-14.1 of this section 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 1,000
feet of such school property;
5.
The location of public housing facilities, public parks and public
buildings within the Municipality;
6.
The boundaries of the real property which is owned or leased to a
local housing authority in connection with said public housing facilities,
owned or controlled by a State, County or local government unit in
connection with said parks, and publicly owned or leased in connection
with said public buildings;
7.
That such property is and continues to be used for such public housing,
public park and public building purposes; and
8.
The location and boundaries of areas which are on or within 500 feet
of such public housing facilities, public parks and public buildings.
b.
Pursuant to the provisions of 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 4-14.1 of this section. 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 map, shall not be deemed to be an official finding and record that such property is not for school purposes.
c.
All of the requirements set forth in P.L. 1997, c. 327 and P.L. 1988,
c. 44 concerning the preparation, approval and adoption of a Drug
Free Zone Map have been complied with.
[Ord. No. 6-89]
It has been determined that the presence of large numbers of
pigeons and seagulls in the Borough of Keyport causes a public nuisance
in and around the Borough, which is inimical to the general welfare
of the public. The purpose of this is to prevent such conduct that
may attract such pigeons and seagulls to properties in the Borough.
[Ord. No. 6-89]
No person shall feed, cause to be fed, or provide food for pigeons
or seagulls in the Borough of Keyport on lands either publicly or
privately owned.
[Ord. No. 6-89]
The Police Department is hereby authorized and directed to enforce
this section.
[Ord. No. 6-89]
For violation of any provision of this section, the maximum
penalty, upon conviction, shall be a fine not exceeding $100.
[Ord. No. 27-89]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in subsection 4-16.2 of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 4-16.3 of this section. For the purpose of this paragraph, a water emergency shall exist if, for any of the following reasons:
a.
The public utility providing water service to all or a portion of
the municipality has adopted water use restrictions, has notified
the municipality, the New Jersey Board of Public Utilities, and the
New Jersey Department of Environmental Protection, as well as any
other State, county or local agency entitled to notice of such restrictions
and such restrictions are not overruled or declared invalid by any
State, county or local agency having the jurisdiction and power to
do so; or
b.
The governing authority is otherwise satisfied that a water emergency
exists in the municipality.
[Ord. No. 27-89]
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with subsection 4-16.1 of this section, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
a.
The complete ban and prohibition of outside water usage, including
the watering of lawns and plants, the filling of pools and the washing
of cars; or
b.
Outside water usage on alternate days allowing outside water usage
by persons or businesses having even house or box numbers on even
days and those having odd house or box numbers on odd days with outside
water usage being completely banned and prohibited on the 31st day
of any month during the water emergency; or
c.
Any other water use restriction specified by the governing body in the resolution required by subsection 4-16.1 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with subsection 4-16.1 of this section.
[Ord. No. 27-89]
The resolution of the governing body required by subsection 4-16.1 of this section shall, in addition to complying with subsection 4-16.1, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this subsection continuing the water use restrictions.
[Ord. No. 27-89]
The water use restrictions imposed pursuant to this subsection shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 4-16.5 of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this subsection.
[Ord. No. 27-89; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction for a second or subsequent offense, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty for a second offense shall not be less than $500 and for a third offense shall not be less than $1,000.
[Ord. No. 22-90; Ord. No. 10-03]
In order to facilitate the swift response of police, fire, first
aid, emergency management and other emergency workers to any house,
apartment, condominium, commercial structure or building located within
the Borough of Keyport, especially during times of emergency, the
Mayor and Council declare that standards with respect to the size
and location of visible street numbers on houses, apartments, condominiums,
commercial establishments and buildings must be mandated and enforced
within the Borough of Keyport, to provide the maximum benefit to the
residents and visitors within the Borough of Keyport.
[Ord. No. 22-90; Ord. No. 10-03]
All houses, apartments, condominiums, commercial structures
or buildings within the Borough of Keyport are hereby required to
display the street number assigned to the particular location in a
manner so as to be visible and identifiable from the street upon which
the house, apartment, condominium, commercial structure or building
fronts. Said numerical street numbers shall be a minimum of five inches
in height.
In the event that a house, apartment, condominium, commercial
structure or building does not front a public street, said street
numbers shall be visibly displayed from the location of the street,
drive, driveway or parking lot which provides the usual and customary
point of ingress and egress.
The size and location of street numbers shall further comply with all regulations with respect to signs as contained in Subsection 25-1-17.
[Ord. No. 10-03]
In addition to the requirements of visible street numbers set
forth herein, each apartment or condominium shall be required to visibly
display the apartment number or unit number assigned to the dwelling
unit in such apartment complex or condominium complex within the Borough
of Keyport. Said numerical numbers identifying the dwelling unit in
the apartment or condominium complex shall be a minimum of five inches
in height and shall be displayed on the front entrance door or alongside
the front entrance door to each dwelling unit. With respect to apartment
complexes, the complex owner shall be responsible for compliance with
the terms of this section.
[Ord. No. 10-03]
All commercial units, rentals, offices or establishments located
within a commercial structure or building shall be required to visibly
display the unit, rental or office number assigned to the within commercial
location within the Borough of Keyport. Said numerical number identifying
the individual commercial unit, rental, office or establishment shall
be a minimum of five inches in height and shall be displayed on the
front entrance door or alongside the front entrance door to each commercial
unit, rental, office or establishment. The owner of each commercial
structure or building shall be responsible for compliance with the
terms of this section.
[Ord. No. 22-90; Ord. No. 10-03]
All persons, corporations, business entities and property owners within the Borough of Keyport shall be required to comply with the terms contained within this section on or before July 1, 2004. Compliance with the within section shall be enforced by the Police Department, Construction Department, including the Zoning Officer or Property Maintenance Officer. Should compliance not be met by this date, the property owner shall be deemed in violation of the within section and subject to penalties provided pursuant to Chapter I, Section 1-5.
[Ord. No. 20-94]
No person shall keep or maintain a disorderly house or a house
of ill fame, or allow or permit any house, shop, store or other building
owned or occupied by him or her to be used as a disorderly house or
house of ill fame, to be frequented or resorted to by riotous or disorderly
persons, prostitutes, gamblers or vagrants.
[Ord. No. 20-94]
a.
No person shall keep or maintain any house, shop, store or other
building, nor allow or permit any person to keep any house, shop,
store or other building owned or occupied by him or her, to be used
as a house for the sale of beer, wines, ales or intoxicating liquor
of any kind or nature, unless said premises are duly licensed in accordance
with the laws of the State of New Jersey.
b.
No person shall permit any house, shop, store or other building owned
by him or her to be frequented or resorted to by any person or persons
for the buying or selling of any intoxicating liquors or beverages,
unless such premises are duly licensed in accordance with the laws
of the State of New Jersey.
[Ord. No. 20-94]
No person shall deal, play or engage in faro, roulette, bookmaking,
lottery or other game of chance, either, as banker, player, dealer
or otherwise, for the purpose of gambling.
[Ord. No. 20-94]
Any person or persons who shall loiter or assemble on the streets,
at the corners of the streets or in the public places of the Borough
of Keyport, being under the influence of intoxicating liquor, or who,
not being under such influence, shall indulge in and utter loud and
offensive or indecent language, shall be adjudged a disorderly person.
[Ord. No. 20-94]
Any person who, being under the influence of intoxicating liquor,
shall loiter in any public or quasi-public place, or in or upon any
private property not his own within this Borough, or who, not being
under the influence of intoxicating liquor, shall there indulge in
and utter loud and offensive or indecent language, shall be adjudged
a disorderly person.
[Ord. No. 20-94]
No person shall appear on any street, avenue or public place
in this Borough in a state of nudity or in dress not belonging to
his or her sex, or in any indecent or lewd dress, or cause any indecent
act or behavior, or shall exhibit, sell or offer to sell any indecent
or lewd book, picture or thing, or shall exhibit or perform any indecent,
immoral or lewd play or representation.
[Ord. No. 20-94]
a.
No person shall make, aid or assist in making any loud and disturbing
noise or noises by use of any device, contraption or machine in the
public streets or elsewhere in this Borough without the consent of
the Council of this Borough.
[Ord. No. 20-94]
Any person who shall maliciously destroy, damage, injure, break
or deface property shall be adjudged a disorderly person.
[Ord. No. 20-94]
Any person, firm or corporation that shall dump any garbage,
ashes, trash or other refuse on any property owned or controlled by
the Borough, without first obtaining permission of the Council, shall
be adjudged a disorderly person.
[Ord. No. 20-94]
Any person who shall enter any school building or go upon the
grounds or lands belonging to any public school used and occupied
for school purposes, and shall break, injure or deface such building
or any part thereof, shall be adjudged a disorderly person.
[Ord. No. 20-94]
Any person who shall willfully and maliciously ring or cause
to be rung any bell or alarm of any fire company in the Borough of
Keyport and thereby give or cause to be given a false alarm of fire
shall be adjudged a disorderly person.
[Ord. No. 20-94]
Any person who trespasses on private property and surreptitiously
or sneakingly invades the privacy of another by peering into the windows
or other openings of dwelling places located thereon for no lawful
purpose shall be adjudged a disorderly person.
[Ord. No. 20-94]
No person shall engage in a course of conduct with the purpose
to cause inconvenience, annoyance or alarm, or engage in conduct which
is reckless, thus creating a risk, by engaging in fighting, threatening,
brawling or other violent behavior or create a hazardous or dangerous
condition which serves no legitimate purpose of the actor.
[Ord. No. 20-94]
No person shall knowingly or recklessly create or maintain a
situation or condition which endangers the health or safety of the
public.
[Ord. No. 20-94]
No person shall appear on any street, avenue or public place
within the Borough of Keyport with the purpose or intent of urinating
or defecating in public, except in those facilities utilized for such
purpose.
[Ord. No. 20-94]
No person on any street, avenue or any public place within the
Borough of Keyport shall engage, or offer to engage or solicit, sexual
activity with another in exchange for something of economic value
or worth.
[Ord. No. 20-94; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty.
[Ord. No. 20-94]
It shall be unlawful for any person or persons to change, disrobe,
dress or undress or otherwise remove his or her clothing in any automobile
in any of the public streets or public places within the Borough of
Keyport.
[Ord. No. 20-94; amended 9-19-2023 by Ord. No. 10-23]
It shall be unlawful for any person or persons to change, disrobe,
dress, or undress or otherwise remove his or her clothing in any of
the public streets or public places within the Borough of Keyport,
including, but not limited to, any area along or near the waterfront
area of the Borough, any area along or near any public park or in
the area adjacent thereto, or out in the open in a public or private
parking lot, premises, highway, road or street within the geographic
boundaries of the Borough. No person shall remove or lower any part
of his or her bathing attire in any area along or near the waterfront
of the Borough or the beachfront or in the water adjacent thereto.
[Ord. No. 20-94; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty.
[Ord. No. 20-94]
It shall be unlawful for any person or person to resist, hinder,
obstruct or abuse any police officer or special police officer while
engaged in the lawful performance of his official duties in the Borough
of Keyport.
[Ord. No. 20-94]
It shall be unlawful for any person or persons to flee from
any police officer or special police officer after being so directed
by such officer, while engaged in the lawful performance of his official
duties in the Borough of Keyport.
[Ord. No. 20-94; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty shall not be less than $300.
[Ord. No. 27-94]
A person who is a permanent resident in the Borough of Keyport
who has been convicted, pleaded guilty, adjudicated delinquent or
found to be not guilty by reason of insanity for commission of a sex
offense as hereinafter defined shall register with the Chief of Police
of Keyport.
[Ord. No. 27-94]
As used in this section, the following terms shall have the
meanings indicated:
Any person who resides within the Borough of Keyport for
more than 45 days in any one year.
A listing of all individuals convicted or adjudicated of
sexual offenses as contained in this section including such information
as set forth herein.
Includes the conviction, plea of guilty, adjudication of
delinquency or the finding of not guilty by reason of insanity, regardless
of the date of commission or the date of conviction, for aggravated
sexual assault, sexual assault, aggravated criminal sexual contact,
kidnapping (N.J.S.A. 2C:13-1c(2)), endangering the welfare of a child
by engaging in sexual conduct which would impair or debauch the morals
of a child pursuant to N.J.S.A. 2C:24-4a, endangering the welfare
of a child pursuant to paragraph (4) of subsection (b) of N.J.S.A.
2C:24-4, luring or enticing pursuant to N.J.S.A. 2C:13-6, or an attempt
to commit any of these crimes if the conviction, plea or adjudication
or acquittal by reason of insanity is entered on or after the effective
date of this section or the offender is serving a sentence of incarceration,
probation or parole as a result of the offense on the effective date
of this section.
|
A conviction, plea of guilty, adjudication of delinquency or
acquittal by reason of insanity for an offense similar to any offense
enumerated above or a sentence on the basis of criteria similar to
the criteria set forth above, entered or imposed under the laws of
the United States, this State or any state or any foreign country.
|
[Ord. No. 27-94]
Any convicted offender who becomes a permanent resident of the
Borough of Keyport shall be required to register under the provisions
of this section on forms provided by the Chief of Police within 10
days of meeting the permanent residency requirement as set forth herein.
Upon a change of address within the Borough of Keyport, the person
shall notify the Chief of Police of such change and reregister with
the Chief of Police of the Borough of Keyport within 10 days of such
change. Should the person leave the Borough of Keyport, the person
shall notify the Chief of Police within 10 days prior to such change.
[Ord. No. 27-94]
The Chief of Police of the Borough of Keyport shall maintain a registry of convicted sex offenders containing the information set forth in subsection 4-21.5 of this section in alphabetical order which shall be available as set forth in this section. The Chief of Police shall be required to maintain said registry and any changes thereto as required under subsection 4-21.3 of this section.
[Ord. No. 27-94]
The form of registry so required under this section shall include
a statement in writing signed by the person required to register which
shall include:
a.
Name and social security number.
b.
Date of birth.
c.
Physical description including height, weight, race, sex, hair color,
eye color, identifying marks or scars.
d.
Legal permanent residence including apartment number.
e.
Make, model number and license plate number of any motor vehicle
owned or used by the person.
f.
Date and place of employment.
g.
Date, place and disposition of each and every offense as required
hereunder.
h.
If imprisoned, the name and location of facility and date of release.
i.
Name, address and telephone number of any probation officer or parole
officer with whom the person reports or has reported to for offenses
under this section.
j.
Prosecuting agency involved for each offense.
k.
Age and sex of each victim of each offense.
l.
Brief statement of description of the crime or crimes for which registration
is required.
[Ord. No. 27-94]
The Chief of Police shall be authorized to release information
maintained in said registry as follows:
a.
To all law enforcement agencies, prosecutor's offices, probation
offices, or any such law enforcement office within this State or any
state, upon request of the Chief of Police to provide said information.
b.
To the Board of Education of the Borough of Keyport and all parochial
and private schools and licensed daycare or child care facilities
within the Borough of Keyport.
c.
To the public for public inspection when the Chief of Police determines
said release or inspection is necessary for public protection or necessary
to advise the public or members of the public of individuals who might
pose a danger under any circumstances.
[Ord. No. 33-93; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty shall not be less than $300 and/or imprisonment in the County Jail or another place of imprisonment or confinement for a term not exceeding 180 days, or to a period of community service not exceeding 180 days at the discretion of the Municipal Court Judge.
[Ord. No. 33-93]
The Borough Council by reason of conditions which exist and
of circumstances that have occurred within the Borough which have
resulted from the increase in the incidence of juvenile crime and
which have been a source of annoyance and public concern to the Borough
residents and others lawfully using public and quasi-public streets
and places in the Borough, deems it necessary, proper, advisable and
in the best interests of the public to regulate the use of public
and quasi-public streets and places within the Borough by any juvenile
not yet attaining the age of 18 years and by others for the maintenance
of good order and the protection of persons and property and for the
preservation of the public health, safety and welfare of the Borough
and its residents and others lawfully using the public and quasi-public
streets and places in the Borough.
[Ord. No. 33-93]
As used in this section:
A person 18 years of age or older, other than a parent, to
whom legal custody of the juvenile has been given by Court order or
who is acting in the place of the parent or is responsible for the
care and welfare of the juvenile.
An individual under the age of 18 years.
For purposes of this section shall be defined as set forth in Section 4-12 et seq. of the Revised General Ordinances of the Borough of Keyport.
Every civic and publicly owned building, park, playground
and other places of general public gathering or congregation, any
street, highway, road, alley or sidewalk including the front of any
shop, restaurant, tavern or other place of business as well as parking
lots.
Every highway, road, trail, alley, fire lane or other way
that is open to the use of the public for vehicular or pedestrian
traffic.
Every privately owned building or other place of public accommodation
or use or building or other structure open to the general public and
all vacant lots or other unsupervised areas within the Borough not
readily under the control or supervision of the owner. It shall also
include the front 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 juvenile, not owned or under the control of his parent or guardian.
Every highway, road, trail, fire lane, alley or other way
dedicated to the public use but which is unopened or unaccepted by
the Borough.
[Ord. No. 33-93; amended 10-20-2015 by Ord. No. 17-15]
Except as provided in Subsection 4-22.3a below, it shall be unlawful for any juvenile under the age of 18 years to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other public places within the confines of the Borough of Keyport between the hours of 11:00 p.m. and 6:00 a.m. of the following day. The provisions of this section shall not apply to any juvenile under 18 years of age accompanied by his or her parent, guardian or other person having the custody of the juvenile, or where the juvenile is upon an emergency errand or legitimate business directed by his or her parent or guardian or other adult person having the care or custody of the juvenile.
[Ord. No. 33-93]
It shall be unlawful for the parent, guardian or other adult person having the custody of a juvenile under 18 years of age to allow or permit or suffer said juvenile to go or be upon any public street, alley, highway, park, playground or other public places or public grounds in the Borough of Keyport set forth in subsection 4-22.2 during the restricted time period of 11:00 p.m. to 6:00 a.m. of the following day in violation of the provisions of subsection 4-22.3, except as therein provided.
[Ord. No. 33-93]
Whenever a juvenile shall be arrested or taken into custody or detained for willfully violating the provisions of subsection 4-22.3, the parents or legal guardian of such juvenile or any person who has assumed the responsibility of the natural parents of the juvenile shall be notified of such detention by the arresting police officer or any authorized member of the Keyport Police Department.
a.
When the parent or legal guardian or the person responsible for the custody of the juvenile calls for the custody of the juvenile, the authorized police officer shall serve written notice upon such parent or legal guardian or the person responsible for such juvenile setting forth the acts and charges of the violation, which notice shall contain a warning that upon a second arrest or detention within 180 days and conviction of the juvenile on charges of violating this subsection, a formal complaint may be filed against said parent or legal guardian or other person responsible for the custody of the juvenile for lack of supervision and permitting said juvenile to violate the provisions of subsection 4-22.3.
b.
A copy of the notice and warning mentioned in paragraph a. and the facts and circumstances of the prior arrest or detention shall be served upon the Administrator of the Keyport Municipal Court, which notice shall be evidence of parental or guardian neglect of supervision in any complaint with charges filed against the parent or legal guardian or other person responsible for the custody of the juvenile charged with the violation of subsection 4-22.4 in allowing said juvenile to violate subsection 4-22.3.
[Ord. No. 33-93]
The provisions of this section shall not be applicable to a
juvenile under the age of 18 or to a parent or legal guardian or other
person responsible for the custody of the juvenile during the time
necessarily required for such juvenile to travel from a place of employment
at which such juvenile may be gainfully employed, or from school or
place of instruction at which such juvenile may be in a bona fide
attendance, or from a place at which a function may be held that shall
be or had been sponsored by a religious school, civic or properly
supervised event or program, or from a place at which a bona fide,
supervised social meeting, gathering or assemblage had taken place,
to his or her residence, nor in the event of an emergency involving
the danger to life or property which shall require the juvenile to
be out of his home and in the prohibited area.
[Ord. No. 33-93]
All officers or officials charged with law enforcement within
the Borough are hereby authorized, empowered and directed to enforce
the provisions of this section.
[Ord. No. 33-93]
a.
Any juvenile apprehended pursuant to this section and held in violation
thereof, shall be subject to the penalties as set forth within any
and all statutes of the State of New Jersey.
b.
Any adult violating the provisions of this section shall be subject
to a penalty of up to $1,000 and/or a term of community service which
shall be served together by the juvenile and the parent/guardian in
the event both violate the section.
[Ord. No. 8-02]
This section shall be known as "An Ordinance to Prohibit Discharge
of Weapons Within the Borough of Keyport."
[Ord. No. 8-02]
The Mayor and Council of the Borough of Keyport declare that
the purpose of this section is to protect the health, safety and well-being
of the citizens of the Borough by regulating the use of weapons within
the Borough. The Mayor and Council specifically find that the discharge
of weapons on waterways abutting the Borough poses a risk to pleasure
boaters, commercial boaters, ferry service and all those who use the
waterways for passive recreational activities. The specific intention
of this section is to regulate the discharge of weapons along the
coast, beaches and waterways of the Borough to protect those individuals
passively using the waterways abutting the Borough and those recreational
watercraft and commercial watercraft that utilize the waters abutting
the Borough. The specific intention is to prohibit the careless, reckless
or improper use of any firearm tending to imperil or cause danger
or harm to personal security or to endanger the property of any person
within the Borough.
[Ord. No. 8-02]
It shall be unlawful for any person to negligently or purposely
discharge any dart gun, b-b gun, gun or other similar firearm within
the Borough except:
a.
A licensed law enforcement official in the performance of his official
duties, or
b.
In the case of self-defense as provided under applicable State law,
or
c.
For recreational hunting by individuals duly licensed in accordance
with applicable State law as contained in the provisions under Title
23 of the New Jersey State Statutes, provided that no hunting shall
take place:
1.
Within 150 yards of any regularly occupied structure without the
permission of its owner or occupant;
2.
On any public property, such as school, parks, beaches, piers or
other public facilities within the Borough.
3.
At any location which poses a threat of harm to watercraft, pleasure
boat, commercial fishing boat, jet ski, ferry or any other fishing
or watercraft utilizing the waters abutting the Borough.
[Ord. No. 8-02; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty shall not be less than $300 for a first offense and for a second or subsequent offense shall not be less than $500. A person convicted of a violation of a provision of this section shall forfeit any license to hunt within the Borough of Keyport for a minimum period of 60 days to a maximum of 180 days.
[Ord. No. 15-05]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in any public park or on any other property owned or operated
by the Borough of Keyport so as to protect public health, safety and
welfare and to prescribed penalties for failure to comply.
[Ord. No. 15-05]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this State subject to municipal
jurisdiction.
All animals that are neither human nor domesticated.
[Ord. No. 15-05]
No person shall feed, in any public park or any other property
owned or operated by the Borough of Keyport, any wildlife, excluding
confined wildlife (for example, wildlife confined in zoos, parks or
rehabilitation center or unconfined wildlife at environmental education
centers).
[Ord. No. 15-05]
[Ord. No. 15-05]
Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in Section 1-5 of the General Code. Each incident shall be considered as a separate violation.
[Ord. No. 19-05]
The purpose of this section is to establish requirements for
the proper disposal of pet solid waste in the Borough of Keyport,
so as to protect public health, safety and welfare and to prescribe
penalties for failure to comply.
[Ord. No. 19-05]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
That the pet solid waste is removed at once, without delay.
Any person who shall possess, maintain, house or harbor any
pet or otherwise have custody of any pet, whether or not the owner
of such pet.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this State subject to municipal
jurisdiction.
A domesticated animal (other than a disability assistance
animal) kept for amusement or companionship.
Waste matter expelled from the bowels of the pet; excrement.
Placement in a designated waste receptacle or other suitable
container and discarded in a refuse container which is regularly emptied
by the municipality or some other refuse collector or disposal into
a system designed to convey domestic sewage for proper treatment and
disposal.
[Ord. No. 19-05]
All pet owners and keepers are required to immediately and properly
dispose of their pet's solid waste deposited on any property, public
or private, not owned or possessed by that person.
[Ord. No. 19-05]
Any owner or keeper who requires the use of a disability assistance
animal shall be exempt from the provisions of this section while such
animal is being used for that purpose.
[Ord. No. 19-05]
The provisions of this section shall be enforced by the Police
Department and Board of Health of the Borough of Keyport.
[Ord. No. 19-05]
Any person(s), entity, firm, corporation or other group that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in Section 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.
[Added 9-19-2023 by Ord. No. 10-23]
The Borough Council is hereby authorized and empowered to adopt,
by resolution, such rules and regulations that may be necessary for
the proper control and regulation of the beachfront and/or waterfront
of the Borough of Keyport that is open to the public (and shall not
include private homes properties).
For the purposes of this chapter, the term "beachfront" and
"waterfront" shall mean all areas adjacent to the beachfront or waterfront
of the Borough, any municipal park located along and/or adjacent to
the beachfront or waterfront area of the Borough including but not
limited to the Keyport Waterfront Path, Fireman's Park, Keyport
Municipal Boat Ramp, Keyport Beach Park and Playground, Veteran's
Park, Benjamin C. Terry Park, and Cedar Street Park, jetties, dunes,
beach plantings, the beach and waters immediately adjacent thereto.
Nothing herein shall be construed to limit the Borough of Keyport
from enforcing other applicable provisions of the Borough of Keyport
Revised General Ordinances, New Jersey State statutes or other applicable
laws.
The Borough Council is further authorized and empowered to suspend,
modify and/or supplement, by resolution, for a limited time the operation
of certain rules and regulations governing the beachfront/waterfront,
and the waters adjacent thereto, in order to permit or facilitate
special events, activities, promotions or programs authorized by resolution
of the Borough Council.
The following rules and regulations are hereby established for
the beachfront and waterfront:
a.
No person shall be permitted to camp, stay, sleep and/or live at
those public areas identified as beachfront/waterfront by this chapter,
unless the Borough approves a special use permit for that purpose.
b.
The Keyport Police Department is hereby authorized and directed to
remove any tent which is creating a hazard or unnecessary disturbance
to others.
c.
Anyone who is found sleeping in those public areas of the beachfront/waterfront
between the hours of 11:00 p.m. and 6:00 a.m. shall be issued a summons
which may result in a minimum fine of $100.
d.
No person shall obstruct the flow of pedestrian traffic or other
activities on the beachfront/waterfront area.
e.
No person shall build, start, or make any fire on any portion of
the beachfront.
f.
No parties shall be permitted on the public portions of the beachfront/waterfront area unless the Borough of Keyport issues a special permit. Each permit shall be valid for only one single day, as indicated on the permit. Applications for permits must be made to the Borough Clerk on forms promulgated by the Clerk. No permit shall be issued unless the applicant first submits to the Clerk: 1) a security deposit of $100, returnable only if there is no damage to the beach or any Borough property, and only if all trash and litter has been removed from the beach by the applicant; and 2) a certificate of insurance or other satisfactory proof that the applicant has obtained and paid for liability insurance against any and all claims for bodily injuries and property damage arising out of or in any way connected with the presence of persons on the beach during the party, which insurance must have a limit of liability of at least $500,000 and must name the Borough of Keyport as an insured. No swimming or bathing privileges shall be extended to any person attending a beach party, and no person attending a beach party shall bring onto the beach, the beachfront and/or waterfront any alcoholic beverages. The applicant shall comply with all rules and regulations established by other chapters of the Code, including, but not limited to, Chapter 4, Chapter 6 and any other public health and safety regulations.
g.
No dance floors or objects for use as a dance floor may be placed
on the beachfront/waterfront area for the purpose of public dancing,
unless permitted by a special permit.
h.
No person shall be permitted to play or operate any device that emits a sound amplification in excess of what is permitted by the Borough of Keyport's noise ordinance (§ 4-2 of this Borough Code) at or around any section of the beachfront/waterfront area. No component TV, radio, stereo or electric equipment for the purpose of reproducing TV, radio, or recorded sound or electronic musical instruments are permitted except in conjunction with an authorized special use permit.
i.
No radio, phonograph, tape, or cassette player, television, musical
instrument, loudspeaker or amplifier, or other machine or device for
the electronic or stereophonic production, reproduction, or amplification
of sound may be permitted on any section of the beachfront/waterfront
area unless equipped and operated only with headphones.
[1]
Editor's Note: Former Sec. 4-26, Low Speed Vehicles (LSVs),
enacted by Ord. No. 14-06, was repealed 8-16-2016 by Ord. No. 16-16.
[Ord. No. 24-06]
Each owner of a public utility pole, in order to ensure safe,
adequate and proper service, and to prevent injury to persons and
property, shall be required to repair or replace any public utility
pole that, in the Borough Engineer's opinion, are not in a condition
to provide safe, adequate and proper service or present a potential
to damage property or injure people.
[Former § 4-28, Smoking Prohibited at Waterfront Park,
was repealed 2-1-2022 by Ord. No. 1-22. Prior history includes Ord. No. 12-10. See § 11-9, Smoking Prohibited at all Parks and Beaches.
[Added 7-21-2020 by Ord. No. 6-20]
[Added 7-21-2020 by Ord.
No. 6-20]
The following rules and regulations shall apply for the Skate
Park Facility at the Main Street Park:
a.
Use of the Skate Park Facility at the Main Street Park shall be limited
to skateboarding;
b.
Use of the Skate Park Facility at the Main Street Park shall be limited
to the designated hours of operation;
c.
All users of the Skate Park Facility at the Main Street Park are
required to wear a helmet, elbow pads, knee guards, and wrist guards;
d.
All skaters under the age of 10 must be accompanied by an adult when
using the Skate Park Facility at the Main Street Park;
e.
No pets shall be allowed within the Skate Park Facility at the Main
Street Park;
f.
There shall be no skating at the Skate Park Facility at the Main
Street Park during periods of time when the conditions are wet, raining,
snowing or during skate park maintenance periods;
g.
Food and drinks shall be prohibited within the Skate Park Facility
at the Main Street Park;
h.
Glass shall be prohibited within the Skate Park Facility at the Main
Street Park;
i.
Smoking of any kind, illegal drug use and consumption of alcoholic
beverages is strictly prohibited within the Skate Park Facility at
the Main Street Park;
j.
Additional obstacles or other materials (ramps/jumps) are not allowed
within the Skate Park Facility at the Main Street Park; and
k.
No competitive or demonstration events or amplified music are allowed
without prior written approval from the Keyport Borough Council.
[Added 7-21-2020 by Ord.
No. 6-20]
[Added 7-21-2020 by Ord.
No. 6-20]
The provisions of this section shall be enforced by the Police
Department of the Borough of Keyport.
[Added 7-21-2020 by Ord.
No. 6-20]
Any person(s) that is found guilty of violating any of the provisions of this section shall be subject to any penalty set forth in § 1-5 of the Revised General Ordinances. Each incident shall be considered as a separate violation.
[Added 8-16-2022 by Ord. No. 17-22]
[Added 8-16-2022 by Ord.
No. 17-22]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise:
Any person determined by the Federal Internal Revenue Service
to be a tax exempt organization pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or
Any person who is, or holds himself or herself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other charitable purpose, or for the benefit of law enforcement
personnel, firefighters, or other persons who protect the public safety.
Any purpose described in Section 501(c)(3) of the Internal Revenue
Code of 1986, 26 U.S.C. § 501(c)(3); or
Any benevolent, philanthropic, humane, social welfare, public
health, or other charitable objective, or an objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
A permit issued by the Department pursuant N.J.A.C. 16:40-1.1
et seq.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the County of Monmouth.
The State Department of Transportation.
The public right-of-way whether open or improved or not,
including all existing factors or improvements.
The permit issued by the Borough of Keyport pursuant to this
section.
The portion of the roadway that lies between the edge of
the traveled way and curbline, excluding auxiliary lanes.
A road owned, taken over, controlled, built, maintained,
or otherwise under the jurisdiction of the Department.
The portion of the roadway provided for the movement of vehicles,
exclusive of shoulders and auxiliary lanes.
[Added 8-16-2022 by Ord.
No. 17-22]
a.
Pursuant to N.J.S.A. 39:4-60 and N.J.A.C. 16:40-1.1, et seq., authorized
charitable organizations are hereby permitted to solicit contributions
in the roadway of a highway located within the Borough of Keyport,
subject to the provisions and restrictions contained in this section.
b.
All permits for charitable solicitations on a state highway or its
intersections must be approved by the Department and in compliance
with the provisions of N.J.S.A. 39:4-60 and N.J.A.C. 16:40-4.2.
c.
All permits for charitable solicitations on any county highway or
its intersections must be approved by the Monmouth County Board of
County Commissioners in compliance with the provisions of N.J.S.A.
39:4-60.
d.
The within authorization is subject to the regulations promulgated
by the Department of Transportation in consultation with the Division
of Highway Traffic Safety, as set forth in N.J.A.C. 16:40-1.1 et seq.
e.
Under no circumstances may an authorized charitable organization
conduct a roadway charitable solicitation without first having obtained
a permit from the Chief of Police.
[Added 8-16-2022 by Ord.
No. 17-22]
a.
An authorized charitable organization seeking issuance of a roadway
solicitation permit shall file an application with the Chief of Police
on forms provided by the Chief of Police.
1.
An application for a roadway solicitation permit shall be filed with
the Chief of Police not less than seven days before the date upon
which it is proposed to conduct such roadway solicitation.
2.
Contents of roadway solicitation permit. The application for a roadway
solicitation permit shall set forth the following information:
(a)
Name, address and telephone number of the authorized charitable
organization seeking to conduct a roadway charitable solicitation.
(b)
Date and times upon which roadway solicitation is proposed.
(c)
Method of roadway charitable solicitation (i.e., coin toss using
blankets).
(d)
Specific location or locations of proposed roadway charitable
solicitation.
(e)
Contact person for the authorized charitable organization.
(f)
Names of the persons (solicitors) conducting the roadway charitable
solicitations on behalf of the authorized charitable organization
at each proposed location.
(g)
Any additional information which the Chief of Police shall find
reasonably necessary for the fair determination as to whether a permit
should be issued.
3.
The Borough of Keyport may impose special conditions on any roadway
solicitation permit to preserve and protect the public safety and
the free flow of traffic on its roadways.
4.
The Chief of Police is hereby authorized to sign the roadway solicitation
permit on behalf of the Borough of Keyport.
5.
The Chief of Police has been consulted and shall be responsible for
supervising the solicitation and enforcing the terms of the roadway
solicitation permit.
b.
If the proposed roadway charitable solicitation is to be conducted
upon any county highway or intersection, the authorized charitable
organization must submit evidence of approval by the Monmouth County
Board County Commissioners pursuant to N.J.S.A. 39:4-60.
c.
If the proposed charitable solicitation is to be conducted upon any
state highway or intersection, the authorized charitable organization
must submit evidence of approval in the form of a charitable solicitation
permit received from the Department of Transportation pursuant to
N.J.A.C. 16:40-1.1 et seq.
d.
The roadway solicitation permit issued by the Borough of Keyport
and (if applicable) the charitable solicitation permit issued by the
Department of Transportation shall be in the possession of the solicitor
for the authorized charitable organization during all times of solicitation
and be available for inspection by the state, county and Keyport police
enforcement personnel.
[Added 8-16-2022 by Ord.
No. 17-22]
a.
Solicitation of contributions is prohibited along traffic circles
or highway segments determined to be inappropriate in the interest
of public safety.
b.
Solicitation is permitted only at signalized intersections or when
the existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Keyport Borough police may suspend solicitation operations at any
time if any condition of either permit is violated or if, in a police
officer's sole discretion, traffic is being impeded or delayed
or the public safety is at risk.
d.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
e.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of a flagperson or any traffic
control device, either portable or permanent, shall be prohibited.
f.
The authorized charitable organization shall be responsible for cleaning
up any debris from the roadway.
g.
Solicitation shall only be permitted during daylight hours.
h.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
i.
Each person soliciting charitable contributions on behalf of the
authorized charitable organization shall be at least 18 years of age.
[Added 8-16-2022 by Ord.
No. 17-22]
a.
All solicitors shall wear safety vests that are in accordance with
Department standards.
b.
Parking of vehicles shall comply with applicable traffic regulations.
Off-site parking is recommended.
c.
Coin tosses using blankets located off the traveled way are the preferred
method of solicitation.
d.
Solicitors shall not install any traffic control devices.
[Added 8-16-2022 by Ord.
No. 17-22]
a.
Signs advertising the roadway solicitation are permitted but they
must be of temporary construction and breakaway to the extent possible.
b.
Signage shall be a maximum of 16 square feet.
c.
Signage shall be in accordance with the temporary signage standards
contained in the Manual on Uniform Traffic Control Devices.
e.
Signs shall not be permitted in the traveled way or medians less
than eight feet in width.
f.
All signs warning, noticing or advertising solicitations shall be
removed immediately following the solicitation event.
[Added 8-16-2022 by Ord.
No. 17-22]
Pursuant to N.J.S.A. 39:4-60, any person who violates any provision
of this section shall, upon conviction, be liable for a fine not to
exceed $100.
