[1972 Code § 38-33; Ord. No. 1048; Ord. No. 1701-96 § 1; Ord. No. 2111-12 § 1; Ord. No. 2181-15; Ord.
No. 2185-15]
It shall be unlawful for any person, including but not limited
to an occupant of a motor vehicle, to consume or pretend to consume
any alcoholic beverage or to possess any open or unsealed container
containing an alcoholic beverage in or upon any public sidewalk, public
highway, public park, public recreation area, public parking lot,
public boardwalk, public beach, public conveyance or any quasi-public
place unless a permit for that purpose shall have been issued by the
Director of Alcoholic Beverage Control with the consent of the Governing
Body. Quasi-public place shall mean any sidewalk, parking lot, driveway,
alley, walkway or other open area adjacent to any nonresidential building
or nonresidential use. Any person who violates this section or fails
to comply with any of its requirements shall, upon conviction, be
subject to a minimum fine in the amount of $450.
[Ord. No. 1697-96]
a.
Legislative Findings. The Borough Council makes the following legislative
findings:
1.
N.J.S.A. 2A:170-25.21 permits a person owning or operating a restaurant,
dining room or other public place where food or liquid refreshments
are sold or served to the general public to permit or allow the consumption
of wine or a malt alcoholic beverage in a portion of the premises
which is open to the public.
2.
N.J.S.A. 2A:170-25.22 permits a municipality to restrict the right
of an owner or operator of a restaurant, dining room or other public
place where food or liquid refreshments are sold or served to the
general public from permitting the consumption of wine or a malt alcoholic
beverage in a portion of the premises which is open to the public.
b.
Restrictions Relating to the Consumption of Wine or a Malt Alcoholic Beverage in Premises Not Licensed Under the Provisions of Title 33. The consumption of wine or a malt alcoholic beverage is permitted or allowed, pursuant to N.J.S.A. 2A:170-25.21, in a portion of premises which is open to the public provided that the area is within the interior of a building, unless the exterior portion of the premises has been authorized to be utilized as a restaurant, dining area or other public place where food or liquid refreshments are sold or served to the general public pursuant to a site plan approved by the Planning Board or Zoning Board of Adjustment in accordance with Chapter 35 Zoning of the Municipal Code.
[1972 Code § 38-30; Ord. No. 1307; Ord. No. 1831-00 § 1]
No person shall offer or serve any alcoholic beverage to a person
under legal age in any public or quasi-public place within the Borough
of Manasquan. No person who has ownership or control of any premises,
whether public or quasi-public, or supervision of any event, shall
permit, suffer or allow the consumption of an alcoholic beverage by
a person under legal age in or upon any such premises or at any such
event within the Borough of Manasquan.
[1972 Code § 38-32A; Ord. No. 1523-90]
It shall be unlawful for any person in the Borough of Manasquan
under legal age to be under the influence of an alcoholic beverage
or exhibit signs of intoxication from an alcoholic beverage.
[1972 Code § 80-27]
It shall be unlawful for any person or persons to change, disrobe,
dress, undress or otherwise remove his or her clothing in any automobile
in any of the public streets or places in the Borough.
[1972 Code § 80-28]
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 places of the Borough.
[1972 Code § 73A-1; Ord. No. 1178]
As used in this section:
Shall mean any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter or literature:
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways, and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean any putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals and solid market and industrial wastes.
Shall mean any nonputrescible solid wastes consisting of
both combustible and noncombustible wastes, such as paper wrappings,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
bedding, crockery and similar materials.
Shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1972 Code § 73A-2; Ord. No. 1178]
a.
No person shall sweep, throw or deposit litter in or upon any occupied,
open or vacant property, whether owned by such person or not, or in
or upon any street, sidewalk, park or other public place, or any pond,
lake, stream or any other body of water within the Borough, except
in public receptacles, in authorized private receptacles for collection
or in official municipal dumps. 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 street, sidewalk or other public place or upon private property.
b.
No person, including merchants owning or occupying a place of business,
shall sweep into or deposit in any gutter, street, private parking
lot or any other 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 private property shall be responsible
for maintaining all of the property free of litter.
c.
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 or upon any private property.
d.
No person shall drive or move any truck or other vehicle within the
Borough unless such vehicle is so constructed or loaded as to prevent
any load, contents or 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, litter or foreign matter of any kind.
e.
No person shall bring, cart, remove, transport or collect any litter
from outside this municipality or into this Borough for the purpose
of dumping or disposing thereof unless authorized by the Mayor and
the Borough Council.
[1972 Code § 73A-3; Ord. No. 1178]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
receptacles for collection.
[1972 Code § 73A-4; Ord. No. 1178]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises if requested by
anyone thereon not to so do or if there is placed on the premises
in a conspicuous position near the entrance thereof a sign bearing
the words NO TRESPASSING, NO PEDDLERS OR AGENTS, NO ADVERTISEMENT
or any similar notice indicating in any matter 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 such premises.
[Added 4-5-2021 by Ord. No. 2342-21]
[1]
Editor’s Note: Former Section 3-6, Loitering previously
codified herein and containing portions of 1972 Code §§
80-1 — 80-4 was repealed in its entirety by Ordinance No. 2025-08.
[1972 Code § 80-30; Ord. No. 932]
It shall be unlawful for any person to resist, hinder, obstruct
or abuse any Police Officer, municipal employee or lifeguard while
engaged in the lawful performance of his official duties in the Borough.
[1972 Code § 80-31; Ord. No. 932]
It shall be unlawful for any person to flee from any Police
Officer or lifeguard after being directed by any such Police Officer
or lifeguard, in the exercise of his official duties, to halt; or
to flee from any such Police Officer or lifeguard for the purpose
of avoiding arrest.
[1972 Code § 54B-1; Ord. No. 1689-96]
The Borough Council makes the following legislative findings:
a.
The Surgeon General of the United States has called for a ban on
the sale of cigarettes by vending machines.
b.
The United States Department of Health and Human Services, in a publication
dated August 10, 1995, reviewed facts concerning the plague of cigarette
smoking by children and called for the elimination of cigarette vending
machines.
c.
The State of New Jersey has prohibited the sale or furnishing of
cigarettes or tobacco in any form to minors under N.J.S.A. 2A:170-51.
d.
The municipality is unable to prevent the sale of cigarettes to minors
by vending machines and no penalty has been imposed by the State statute
upon minors for the purchase of cigarettes.
e.
There exists within the municipality numerous cigarette vending machines
which provide an uncontrolled opportunity for the purchase of cigarettes
by minors.
f.
The municipality is authorized to enact ordinances under its police
powers which are not contrary to the laws of the State of New Jersey
or the United States of America for the necessary and proper protection
of persons and for the preservation of public health, safety and welfare
of the municipality and its inhabitants.
[1972 Code § 54B-2; Ord. No. 1689-96]
a.
Cigarette vending machines are prohibited in the municipality, except
in places licensed to sell or distribute alcoholic beverages under
the Statutes, rules and regulations of the State of New Jersey (from
now on called "licensed premises"). Cigarette vending machines may
be located in a licensed premises subject to compliance with all of
the following conditions:
1.
The machine is located within the immediate vicinity of, or in plain
view, and under the control of an employee 18 years of age or older.
2.
The machine is not located in a coat room, restroom, waiting area
or similar unmonitored area, and is inaccessible to the public when
the place of business is closed.
3.
The machine is equipped with a locking device that has all of the
following characteristics:
(a)
The machine is inoperative and not capable of accepting money
unless activated by an employee of the licensed premises.
(b)
The machine contains a warning label to minors and a label indicating
activation procedures.
(c)
Once activated, the machine automatically is deactivated after
three minutes or the purchase of one pack of cigarettes, whichever
occurs first.
(d)
Any malfunction of the locking device renders the machine inoperable.
(e)
The locking device cannot be bypassed to leave the machine in
an operating mode for an unlimited period of time.
4.
Keys permitting entry to the machine or locking device shall not
be kept or retained at the licensed premises.
5.
No employee of the licensed premises shall activate the machine until
making a reasonable determination that the person wishing to use the
machine is 18 years of age or older.
6.
The machine must be registered with the Municipal Code Enforcement
Official. The registration form shall be issued, without the payment
of any fee, if it contains all of the following information:
(a)
The name, address and business telephone number of the owner
of the licensed premises.
(b)
The name, address and business telephone number of the owner
of the machine.
(c)
A description of the proposed location of the machine at the
licensed premises.
(d)
A certification by the owner of the licensed premises that the
machine complies with all of the requirements of this section.
[1972 Code § 54B-3; Ord. No. 1689-96]
It shall be unlawful for any person to remove, disconnect or
otherwise disable the locking device on the cigarette vending machine.
[1972 Code § 56-1; Ord. No. 925; Ord. No. 1774-98]
No person under the age of 18 years shall be permitted on any
public place, public street or public property in the Municipality
between the hours of 7:00 p.m. and 6:00 a.m., prevailing time, on
October 28, October 29, October 30 and November 1 of each year or
between the hours of 9:00 p.m. and 6:00 a.m. prevailing time, on October
31 each year unless such person is in attendance at a program or function
sponsored by the Municipality, a church or school or by any other
organization which has obtained the permission of the Chief of Police
to conduct a program or function during this time. This subsection
shall not apply to persons under the age of 18 years while they are
returning home from a place of employment, school, fraternal or religious
meeting or going to and from a doctor's or dentist's office where
treatment has been rendered or is to be rendered or to persons under
the age of 18 years who are accompanied by a parent or guardian over
the age of 21 years.
[1972 Code § 56-2; Ord. No. 925]
During the hours and dates mentioned in subsection 3-10.1, no person shall wear any apparel or device which covers any part of his face for the purpose of disguise in any public place, public street or public property in the Borough.
[1972 Code § 56-3; Ord. No. 925]
Any person who is a parent, guardian or standing in loco parentis
of any such person under the age of 18 years who permits, consents
to or approves or allows any person under the age of 18 years to violate
the provisions of this section or any portion thereof shall likewise
be guilty of a violation of this section.
[1972 Code § 60-1; Ord. No. 1465]
Pursuant to the authority of N.J.S.A. 2C:35-7, the Drug-Free
School Zone Map produced on or about January 19, 1988 by T & M
Associates, Inc., the Municipal Engineer, is hereby approved and adopted
as an official finding and record of the location and areas within
the municipality of property which is 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.
[1972 Code § 60-2; Ord. No. 1465]
The Drug-Free School Zone Map approved and adopted pursuant to subsection 3-12.1 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 until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
[1972 Code § 60-3; Ord. No. 1465]
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the Municipal Engineer
and the Municipal Attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
[1972 Code § 60-4; Ord. No. 1465]
The Municipal Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-12.1, 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 subsection shall be provided without cost to the County Clerk and to the Office of the Monmouth County Prosecutor.
[1972 Code § 60-5; Ord. No. 1465]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the map approved and adopted pursuant to subsection 3-12.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence to 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.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or school board
and was being used for school purposes as of July 9, 1987, that being
the effective date of L. 1987, C. 101 (C. 2C:35-7).
c.
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 3-12.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.
All of the requirements set forth in L. 1988, C. 44 concerning the
preparation, approval and adoption of a Drug-Free School Zone Map
have been complied with.
[1972 Code § 64-1; Ord. No. 1304; Ord. No. 1639-94]
No person shall use, shoot, fire, discharge or otherwise employ
any firearm as defined in N.J.S.A. 2C:39-1, or any weapon or device
in the nature of an air or spring gun or pistol, carbon dioxide or
compressed air gun or pistol, or any other device which employs as
a propelling force a spring elastic band carbon dioxide, compressed
or other gas, vapor or compressed air, and which is capable of ejecting
any bullet, pellet or missile whatsoever with sufficient force to
injure a person.
[1972 Code § 64-2; Ord. No. 1304; Ord. No. 1639-94]
No person shall possess, carry, sell, exchange, store or retain any firearm or other device as defined in subsection 3-13.1 hereof, except in accordance with the provisions of Title 2C of N.J.S.A.
[1972 Code § 64-3; Ord. No. 1304; Ord. No. 1639-94]
No person shall possess, carry, sell, exchange, store, retain,
ignite or discharge any explosive or fireworks as defined in N.J.S.A.
2C:39-1, 21:2-2 and 21:2-3.
[1972 Code § 64-4; Ord. No. 1304; Ord. No. 1639-94]
The Governing Body may, in its sole discretion, issue a special
permit for the display of fireworks. An applicant shall make written
application for this special permit on forms to be made available
through the Office of the Municipal Clerk. The Governing Body shall
act upon the application within 45 days of the date of its filing
with the Municipal Clerk.
[1972 Code § 80B-1; Ord. No. 1491-89]
The Borough Council finds and declares as follows:
a.
Polystyrene packaging which is discarded into the waterways surrounding
Manasquan constitutes a significant source of litter spoiling our
beaches and waterways and is, therefore, a necessary focus of any
effort to improve the aesthetic quality of our environment.
b.
Discarded non-degradable polystyrene remains persistent in the environment
and endangers life and wildlife.
c.
Chemical composition and ability of a substance to degrade are meaningful
and useful criteria to focus upon when establishing public policy
that is intended to reduce the cumulative impact of litter and encourage
composting.
d.
No viable outlets exist for the recycling of polystyrene which would
serve to encourage recycling of the material.
e.
Certain retail establishments within Manasquan are points of origin
for polystyrene waste and, therefore, are necessary targets for actions
which have the potential for reducing the entry of polystyrene into
the environment.
f.
There are readily available paper product substitutes for polystyrene
products now being used in Manasquan, the use of which alternatives
would be environmentally advantageous to the public of Manasquan.
g.
It is understood that polystyrene comprises a small volume of the
total waste generated within the Borough; however, the elimination
of polystyrene from Manasquan's solid waste stream will simplify additional
recycling efforts within the municipality.
h.
It is also recognized that the volume of polystyrene sold in Manasquan
is small compared to the overall sales of the material in the Monmouth/Ocean
County area; however, it is hoped that this action will encourage
similar actions in surrounding communities and/or accelerate efforts
to develop recycling outlets. Therefore, the purpose of this section
is to the maximum extent practicable, eliminate the use of polystyrene
originating at retail establishments within Manasquan in order to
protect the land and waters of Manasquan from environmental contamination.
[1972 Code § 80B-2; Ord. No. 1491-89]
Shall mean packaging made of cellulose-based or other substances
that are capable of being readily attacked, decomposed, assimilated,
and otherwise completely oxidized or broken down by bacteria or other
natural biological organisms into carbonaceous soil material or water
and carbon dioxide; or in the alternate capable of otherwise degrading
within 12 months of manufacture, into fragments that are small relative
to the original size, or into particles of a molecular weight that
is low when compared to that of the original material.
Shall mean all food-related wrappings, adhesives, cords,
binding, bags, boxes, containers and disposable or nonreusable plates,
cups, or drinking utensils intended for use within the Borough of
Manasquan.
Shall mean all sales outlets, stores, shops or other places
of business located within Manasquan, which operate primarily to sell
or convey foods directly to the ultimate consumer which foods are
predominantly contained, wrapped, or held in or on packaging. "Retail
food establishment" shall include, but not be limited to, any place
where food is prepared, mixed, cooked, baked, smoked, preserved, bottled,
packaged, handled, stored, manufactured, and sold or offered for sale,
including, but not limited to, any fixed or mobile restaurant; drive-in;
coffee shop; cafeteria; short order cafe; fast-food outlet; delicatessen;
luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail
lounge; nightclub; roadside stand; take-out prepared food place; industrial
feeding establishment; catering kitchen; grocery store; public food
market; food stand; or similar place in which food or drink is prepared
for sale or for service on the premises or elsewhere; and any other
establishment or operation, including homes, where food is processed,
prepared, stored, serviced or provided for the public for charge.
[1972 Code § 80B-3; Ord. No. 1491-89; Ord. No. 1500]
a.
No retail food establishment located or doing business within Manasquan
shall sell, distribute or serve any prepared, cooked or immediately
consumable food product or any liquid or beverage to a consumer within
the Borough of Manasquan in a package or container made of polystyrene.
b.
No retail food establishment located or doing business within Manasquan
shall sell, distribute, give or provide any eating utensil, food container
or beverage container to a consumer within Manasquan if such eating
utensil, food container or beverage container is made of polystyrene.
[1972 Code § 80B-4; Ord. No. 1491-89]
The Borough shall not purchase any food packaging which contains
polystyrene nor shall it sponsor any event which utilizes such packaging.
All food packaging utilized or purchased by the Borough shall be biodegradable
and/or photodegradable.
[1972 Code § 80B-5; Ord. No. 1491-89]
This section shall be enforced by the Police Department, the
Code Enforcement Official and such other persons as may be designated
by the Borough Council.
[1972 Code § 80B-6; Ord. No. 1491-89; New]
[1972 Code § 80B-7; Ord. No. 1491-89]
This section shall be void upon the enactment or adoption of
any Federal and/or State law or regulation restricting the use of
polystyrene.
[1972 Code § 103-1; Ord. No. 1928-04 § 1; Ord. No. 1938-04 § 2]
No person shall store, permit or suffer to be stored upon any lands located in the B-1 (Business), B-2 (Marine Business), B-3 (General Business), O (Office), or I (Industrial) zones, as defined in Chapter 35 of the Municipal Code, any automobile or motor vehicle which is not capable of being used or operated, or any part or parts of an automobile or motor vehicle, unless the same are contained within a fully enclosed structure or enclosed within a solid fence having a minimum height of six feet. In the case where an inoperable automobile or motor vehicle or any part or parts of an automobile or motor vehicle are stored within an area enclosed by a solid fence having a minimum height of six feet, the fence must be set back from the front property line a distance equal to or greater than the existing front yard setback of the building on the site. Automobiles, motor vehicles or any part or parts of automobiles or motor vehicles stored within a fence pursuant to this provision may be stored in such area for a maximum period of 60 days.
Owners and operators of new and used car agencies, and repair
or service garages may store an automobile or motor vehicle which
is not capable of being used or operated or any part or parts of an
automobile or motor vehicle which are not stored within a fully enclosed
structure or enclosed within a fence having a minimum height of six
feet for a period not to exceed 60 days subject to the following conditions:
a.
If an automobile or motor vehicle is being stored for the purpose
of making repairs subject to the delivery of parts, the owner or operator
shall file a written certification with the Code Enforcement Officer
stating all pertinent facts, and shall advise the Code Enforcement
Officer weekly, by written certification, of the status of such repair.
b.
If the automobile or motor vehicle is being stored for the purpose
of obtaining title to a junk vehicle pursuant to the provisions of
State law, the owner or operator shall file a written certification
with the Code Enforcement Officer stating all pertinent facts, and
shall advise the Code Enforcement Officer weekly, by written certification,
of the status of obtaining title pursuant to State law.
c.
Upon completion of making repairs or obtaining title, the automobile
or motor vehicle shall be removed from the property within three days.
[1972 Code § 103-2]
As used in this section:
Shall mean any automobile which is not capable of being used
or operated and shall be deemed to be an automobile which cannot be
moved under its own power from place to place upon the public streets.
Shall mean the keeping of any automobile or other motor vehicle
upon any lands for a period of more than 30 days.
[1972 Code § 103A-1; Ord. No. 1341]
Pursuant to N.J.S.A. 39:4-139.2, the Borough has the authority
to make, amend, repeal and enforce an ordinance authorizing the impoundment
or immobilization of motor vehicles found within the Borough if there
are any outstanding warrants against such vehicles. The Borough Council
hereby exercises this authority and delegates to the Police Department
and/or its agents the authority to impound or immobilize motor vehicles
found within the Borough if there are any outstanding warrants against
such vehicles.
[1972 Code § 103A-2; Ord. No. 1341]
Except for vehicles owned by lessors who have complied with
the provisions of the act respecting lessors, if any outstanding warrants
are not paid by midnight of the 30th day following the day on which
the vehicle was impounded or immobilized, the vehicle may be sold
at public auction. The Borough shall give notice of the sale by certified
mail to the owner, if his or her name and address is known, and to
the holder of any security interest noted on the files of the Director
of the Division of Motor Vehicles. Public notice of the sale shall
be in a form prescribed by the Director of the Division of Motor Vehicles
by publication of public notice at least five days in advance of the
date of sale. Publication shall be in one or more of the official
newspapers of the Borough, which newspapers are established by annual
resolution of the Governing Body.
[1972 Code § 103A-3; Ord. No. 1341; Ord. No. 2180-15]
At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle as stated in Chapter 16, Fees, and any fine or penalty and Court costs assessed against the owner of the vehicle for a violation(s) which gave rise to the impoundment or immobilization of the vehicle, including any outstanding warrants against such vehicle; provided however, the owner-lessor of a motor vehicle who has complied with the provisions of "The Parking Offenses Adjudication Act" respecting lessors shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, Court costs and outstanding warrants against the vehicle.
[1972 Code § 103A-4; Ord. No. 1341]
Any proceeds obtained from the sale of the vehicle at public
auction in excess of the amount owed to the Borough for the reasonable
costs of removal and storage of the motor vehicle, and any fines or
penalties and Court costs assessed against the vehicle for the violation
which gave rise to the impoundment or immobilization of the motor
vehicle, including any outstanding warrants against such vehicle,
shall be returned to the owner of the vehicle, if his or her name
and address are known.
[Amended 9-18-2023 by Ord. No. 2409-23]
[1972 Code § 102-1]
It shall be unlawful to operate any type of motor driven vehicle
or conveyance, or to bring the same, upon any of the following areas
within the Borough:
a.
On any sidewalk or sidewalk area, except for driveways; provided,
nevertheless, that small vehicles, commonly known as minibikes, may
be pushed by hand upon sidewalks abutting improved streets.
b.
Upon the bicycle path over the former Freehold Jamesburg Agricultural
Railroad between the western line of North Main Street and the western
boundary line of the Borough of Manasquan.
d.
Within any public park and upon any of the pedestrian walks abutting
same.
[Added 9-18-2023 by Ord. No. 2409-23]
It shall be unlawful for any person to operate any motorized
bicycle upon any public property in the Borough, including but not
limited to sidewalks, beach walk, school grounds, recreation areas,
and the bicycle path over the former Freehold Jamesburg Agricultural
Railroad between the western Line of North Main Street and the western
boundary line of the Borough of Manasquan.
a.
Prohibited.
1.
Any motorized bicycle with an electric motor greater than 750 watts
is not to be considered a "low-speed" motorized bicycle ("LSMB") and
shall be effectively prohibited from operation in the Borough of Manasquan,
unless such vehicle is specifically authorized by the New Jersey Motor
Vehicle Code, and is properly registered and insured, and operated
by a licensed operator.
b.
Motorized Bicycle Rules and Regulations.
1.
Rights and duties of persons on low-speed motorized bicycle: Every
person riding a LSMB upon a roadway shall obey the instructions of
official traffic control signals, signs and other control devices
applicable to vehicles, unless otherwise directed by a police officer.
2.
Helmet. Persons are not permitted to operate a LSMB unless they wear
a protective helmet.
3.
Passengers. It shall be prohibited for a person operating a LSMB
to allow another person to ride as a passenger, unless the person
is carried in a proper bike seat, trailer or other accessory that
complies with current regulations and contains adequate provision
for retaining the passenger in place and for protecting the passenger.
The passenger shall also be required to wear a properly fitted and
fastened helmet pursuant to N.J.S.A. 39:4-10.1.
4.
Lights and Reflectors. When in use during the nighttime, every LSMB
shall be equipped with:
5.
Audible Signal. A LSMB must be equipped with a bell or other audible
device that can be heard at least 100 feet away. However, the LSMB
shall not be equipped with a siren or whistle.
6.
Hitching on Vehicle Prohibited. No person operating a LSMB shall
attach themselves to any streetcar or vehicle. Nor shall the operator
of the LSMB knowingly permit any passenger to do the same.
7.
Feet and Hands on Pedals and Handlebars. All operators of a LSMB
shall keep their feet on the pedals and both hands on the handlebars
at all times. It shall be prohibited to practice or perform any trick
or fancy driving.
8.
Operating Regulations. Every person operating a LSMB on a roadway
shall ride as near to the right-side as practicable, exercising due
care when passing a standing vehicle or one proceeding in the same
direction. An operator of a LSMB may move left under any of the following
conditions:
9.
Prohibited Locations. No person over the age of 14 shall ride a LSMB
upon a sidewalk within the Borough of Manasquan, nor in any location
where it is prohibited by sign.
10.
Carrying Items. No person operating a LSMB shall carry any package,
bundle or article which prevents the rider from keeping both hands
upon the handlebars.
11.
Parking. No person shall park a LSMB upon a street except where an
appropriate rack or spots are provided. All LSMB, when parked on sidewalks,
shall be parked only in such a manner as to not obstruct or impede
the normal movement of pedestrian or other traffic of access to adjacent
buildings.
12.
Speed. No person shall operate a LSMB at speeds faster than are reasonable
or proper, which in no case shall be in excess of legal speed limits,
unless participating in an officially sponsored or sanctioned rally
or road race. In no event shall speed of operation exceed 20 miles
per hour.
13.
Reckless or Careless Riding. No person shall ride a LSMB in a reckless
or careless manner which endangers or is likely to endanger the safety
or welfare of other persons or property.
c.
Enforcement. The Police Department is hereby authorized to promulgate,
with the approval of the Borough Council, such further rules and regulations
concerning registration, operation, equipment and safety of LSMB as
deemed necessary from time to time.
1.
Shall ensure that any employee, agent, or contractor, while utilizing
LSMB for hire by, for or on behalf of such person or business, shall
wear a reflective vest, and have affixed a tag, license, decal or
marking affixed to LSMB clearly identifying such LSMB as being operated
for hire buy, for or on behalf of such person or business.
2.
For the purposes of this section, to "hire" includes persons or businesses
whose employees or agents utilize LSMB to deliver their messages,
parcels, food and/or other merchandise or good during the time such
LSMB are being used for such purpose, whether or not such LSMB are
owned, leased or rented by the person or business.
3.
A person's or businesses' failure to comply with this section
shall be considered a violation of this section.
4.
Any violation of this section by an operator of a LSMB while in the
hire of a person or business shall be considered a separate violation
of this section by such person or business.
d.
Penalties for Violation. Each person violating any provision of this
section shall, upon first conviction, be liable to a penalty of $50,
and upon a second conviction or subsequent alleged offense shall be
liable to a penalty of $100. No court appearance shall be required
for a first, second or subsequent alleged offenses.
[1972 Code § 102-2; amended 9-18-2023 by Ord. No. 2409-23]
This section shall not apply to police and emergency vehicles.
[1972 Code § 80-25]
No person shall hang, place or exhibit wet bathing suits, wet
linens or washed articles in the front yard, on the front roof or
on the front porch of any premises or house in the Borough.
[1972 Code § 80-10]
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.
[1972 Code § 80-11]
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 the 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.
[1972 Code § 80-12]
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 gaming.
[1972 Code § 80-13]
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,
shall indulge in and utter loud and offensive or indecent language,
shall be deemed and adjudged to be a disorderly person.
[1972 Code § 80-14]
Any person who shall loiter in any quasi-public place or in
or upon any private property not his own within this Borough, or who
shall indulge in and utter loud and offensive or indecent language
shall be adjudged a disorderly person.
[1972 Code § 80-15; Ord. No. 1383; Ord. No. 2111-12 § 2; Ord. No. 2181-15; Ord.
No. 2185-15]
It shall be unlawful for any person to appear or travel on any
street, avenue, highway, road, beach, waterway, alleyway, driveway
or any area on private property open to public view in the Borough,
or appear in any other such place in the Borough in a state of nudity;
in an indecent or lewd dress or garment; or make any indecent exposure
of his or her person; or urinate in any of the above described places
except in public restrooms provided for that purpose. Any person who
violates this section or fails to comply with any of its requirements
shall, upon conviction, be subject to a minimum fine of $450 and a
maximum fine not to exceed $2,000.
[1972 Code § 80-16]
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.
b.
No person shall make, aid or assist in making any disturbance, riot
or breach of the peace in the streets or elsewhere within the Borough.
[1972 Code § 80-17]
No person shall disturb any congregation or assembly met for
religious worship in any church or other building, by making a noise
or by rude or indecent behavior or profane discourse within such place
of worship.
[1972 Code § 80-18; Ord. No. 1526-90]
Any person who shall maliciously destroy, damage, injure, break
or deface property shall be adjudged a disorderly person.
[1972 Code § 80-19]
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 Borough Council,
shall be adjudged a disorderly person.
[1972 Code § 80-19.1; Ord. No.
1065]
No person shall use an open mesh basket or enclosed litter receptacle
placed on public property by the Borough for deposit of household
or commercial refuse.
[1972 Code § 80-20]
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.
[1]
Editor's Note: Former subsection 3-19.13, Loitering for Unlawful
Purposes, previously codified herein and containing portions of 1972
Code § 80-22 was repealed in its entirety by Ordinance No.
2025-08.
[1972 Code § 80-24.1; Ord. No.
1453]
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.
[1972 Code § 80-24; Ord. No. 1513-90]
No person shall occupy or use any motor vehicle or motor-drawn
vehicle while parked within the Borough, either on public or private
property, for living or sleeping purposes.
[Ord. No. 1792-99 § 1]
No person or persons shall sleep in a tent, sleeping bag or similar device except within a dwelling unit during the hours between sundown and sunrise. The term dwelling unit is defined in Section 35-3 of Chapter 35, Zoning, of the Municipal Code. No provision of this subsection shall be deemed to permit occupancy of a dwelling unit in violation of the provisions of Chapter 13, Section 13-1, Property Maintenance Code, of the Municipal Code.
[1972 Code § 69-25; Ord. No. 868; Ord. No. 1214; Ord. No. 1581-92; Ord.
No. 1612-93]
It shall be unlawful for any person to stop or park any vehicle
on any street, sidewalk or public walkway on, along or adjacent to
North Main Street, East Main Street, Atlantic Avenue east of North
Main Street, Broad Street south of Blakey Avenue, First Avenue, Second
Avenue, Third Avenue, Fourth Avenue, State Highway Route No. 71 (also
known as Taylor Avenue north of Main Street and also known as Union
Avenue south of Main Street), Riverside Drive, Brielle Road, Ocean
Avenue, Stockton Avenue, Rogers Avenue east of Watsons Creek, Riddle
Way, Tarpon Avenue, Marlin Avenue, Pompano Avenue, Trout Avenue, Pike
Avenue, Whiting Avenue, Perch Avenue and Timber Lane in the Borough
of Manasquan for the purpose and during the process of selling goods,
commodities or merchandise to a consumer.
[1972 Code § 69-25; Ord. No. 868]
For the purpose of this section:
Shall mean anything operated on wheels or runners, and shall
include anything hitched or attached thereto.
[1972 Code § 11-23]
No person shall maliciously or wantonly break or injure any
property belonging to the Fire Department.
[1972 Code § 11-25]
No person shall willfully drive, propel, or cause to be driven
or propelled, any vehicle over any hose or other fire apparatus.
[1972 Code § 11-26]
No person shall raise or cause to be raised any false alarm
of fire within the corporate limits of the Borough.
[1972 Code § 11-31]
No person shall kindle or maintain any bonfire or other fire,
or shall knowingly furnish the materials for any such fire, or authorize
any such fire to be kindled or maintained on or in any street, or
public ground, or upon any private lot within the limits of the Borough
unless a permit shall first have been secured from the Fire Inspector.
[1972 Code § 11-33]
No person shall use or take into any building, barn, vessel,
boat or any other place where gunpowder or any other explosive materials
or hay, straw or other highly combustible material may be kept, any
burning light or open fire unless the same shall be well secured in
a glass globe, wire mesh cage or similar device.
[1972 Code § 11-34; New]
It shall not be lawful to manufacture, keep, sell, use or handle
for any purpose whatsoever any gunpowder, nitroglycerin or blast oil,
dynamite, fulminate of silver, fulminate of mercury, explosive guncotton,
soluble cotton, petroleum, either crude or refined naphtha, gasoline,
benzine, kerosene or spirit gas, or any other explosive or highly
combustible materials whatsoever, liquid or vapor or solid, in any
building or in or on any property within the limits of the Borough,
without first having obtained a permit to do so from the Fire Inspectors.
[Ord. No. 2094-11 § 1]
Open burning in approved containers shall be allowed without
a permit at single-family homes, duplexes, and town homes, subject
to the regulations contained herein.
a.
Fires shall be limited to a maximum three feet diameter and two feet
in height, must be contained in a noncombustible chimenea, outdoor
fireplace, fire pit, or other method approved by the Fire Prevention
Officer.
b.
All openings in the container or fire pit must be covered with wire
mesh or other screening materials that will prevent the passage of
sparks and embers. All combustible material must be contained completely
with the enclosure.
c.
Fires must be kept at least 15 feet from any structure or combustible
exterior wall.
d.
Fires must be constantly attended by an individual 18 years of age
or older.
e.
No such fire or container used for an open burning may be used on
any porch, deck, balcony or other portion of a building; within any
room space; or under any building overhang.
f.
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than three inches in diameter, treated lumber, garbage,
paper products or anything other than firewood as set forth herein
is prohibited.
g.
The use of flammable liquids is prohibited.
h.
The Fire Prevention Officer, Police Officer, or Code Enforcement
Officer may order any open fire, or use of a chimenea, outdoor fireplace,
or fire pit which creates a nuisance or a fire hazard of any sort
to be extinguished.
i.
All other devices that produce an open flame not addressed in this
subsection shall be used in accordance with the manufacturer's specifications.
[Ord. No. 1754-98 § 1]
Charitable organizations, as defined in N.J.S.A. 45:17A-20,
shall be permitted to solicit contributions for charitable purposes
in the right-of-way of a road or highway maintained or under the jurisdiction
of the New Jersey Department of Transportation or the Monmouth County
Board of Chosen Freeholders subject to the charitable organization
obtaining prior written approval from the governmental entity having
jurisdiction over the road or highway.
In the case of any State road or highway or intersection thereof,
a written permit shall be obtained from the Department of Transportation
in accordance with the provisions of N.J.A.C. 16:40-1 et seq.
In the case of any County road or highway or intersection thereof,
a written permit shall be obtained from the Monmouth County Board
of Chosen Freeholders in accordance with rules and regulations established
by it.
Solicitation shall be subject to the specific terms and conditions
of the permit granted by the County or State. The State or County
permit, as applicable, shall be in the possession of the solicitor
during all times of solicitation and be available for inspection by
local, County and State law enforcement officers.
[Ord. No. 1754-98 § 2]
The following rules and regulations shall apply to charitable
organizations soliciting under the terms of this section:
a.
Charitable organizations shall solicit only for charitable purposes.
b.
Solicitations shall be permitted only at signalized intersections
or when an existing traffic control device causes temporary interruption
in the flow of normal traffic, such as at the opening of a movable
bridge.
c.
Each person soliciting charitable contributions on behalf of a charitable
organization shall be at least 18 years old.
d.
Solicitation is encouraged to be off the traveled way.
e.
Solicitors shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease when traffic is moving. The use of flagmen is prohibited.
f.
Solicitation shall only be permitted during daylight hours. State,
County, local law enforcement officers or representatives of the Department
of Transportation may suspend solicitation operations at any time
if any condition of the permit is violated, or, if in the law enforcement
officer's or the Department's sole discretion, traffic is being impeded
or delayed or the public safety is at risk.
g.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol while soliciting.
h.
Solicitors shall not harass the public.
i.
All solicitors shall wear safety vests that are in accordance with
Department of Transportation standards.
j.
Parking of vehicles shall comply with applicable traffic regulations.
k.
Solicitors shall not install any traffic control devices.
l.
Signs advertising the roadway solicitation are permitted, provided
the signs are of a temporary construction and breakaway to the extent
possible. Signs shall be a maximum of 16 square feet.
Signage shall be in accordance with the temporary signage standards
contained in the Manual of Uniform Traffic Control Devices, 1988,
or superseding issue.
At least two warning signs shall be placed as follows:
1.
"CHARITABLE SOLICITATIONS 500 FEET AHEAD"
2.
The second sign following shall identify the name of the charitable
organization.
Signs shall not be permitted in the traveled way or in medians
less than eight feet in width. All signs warning, noticing or advertising
a solicitation shall be removed immediately following the solicitation
event.
m.
The charitable organization shall be responsible for cleaning up
any debris from the right-of-way.
[Ord. No. 1754-98 § 3]
If the charitable solicitation is proposed at the intersection
of a State and County highway, the charitable organization must obtain
written approval from both the Department of Transportation and the
Monmouth County Board of Chosen Freeholders.
[Ord. No. 1754-98 § 4]
If the charitable solicitation is proposed at the border of
Manasquan and any other municipality, the charitable organization
must obtain approval for the solicitation from the adjoining municipality.
[Ord. No. 1754-98 § 5]
A copy of the application form filed with the Department of
Transportation or the Monmouth County Board of Chosen Freeholders
shall be filed with the Municipal Clerk, and shall specify the location,
date, duration and times of the proposed charitable solicitation.
One application form may cover multiple dates during the same calendar
year.
[Ord. No. 1754-98 § 6]
The Municipality shall not be liable in any civil action for
damages for property damage or personal injury resulting from a motor
vehicle accident arising out of or in the course of a charitable organization
soliciting charitable donations.
[Ord. No. 1848-01 § 1]
a.
No person shall operate or cause to be operated a skateboard on streets,
roadways, curbs and sidewalks adjacent to streets and roadways, and
public or quasi-public areas, including but not limited to walkways,
sidewalks, driveways, promenades and plazas on private property adjacent
to the streets and roadways described below:
|
Name of Street
|
Sides
|
Location
|
|---|---|---|
|
Main Street
|
Both
|
From a point 351 feet west of South Street to Wycoff Avenue
|
|
Abe Voorhees Drive (Old Squan Plaza)
|
Both
|
Entire length
|
|
V. Miller Preston Way
|
Both
|
Entire length
|
|
South Street
|
Both
|
From Main Street to Abe Voorhees Drive
|
|
Broad Street
|
Both
|
From Main Street to Beams Terrace
|
|
Pearce Avenue
|
Both
|
From Main Street to a point 217 feet north of Main Street
|
|
Parker Avenue
|
Both
|
From Main Street to a point 156 feet north of Main Street
|
b.
No person shall operate or cause to be operated a skateboard in a
reckless or hazardous fashion or in a manner creating interference
with pedestrian traffic.
c.
No person operating a skateboard shall hold onto a motor vehicle
or bicycle while such motor vehicle or bicycle is in motion.
[Ord. No. 1968-05 § 2]
No person over the age of 18 who has been convicted of a violation
of any crime against a minor as set forth in N.J.S.A. 2C:7-1 et seq.,
and who as a result of such conviction is required to register with
certain governmental authorities pursuant to N.J.S.A. 2C:7-1 et seq.
shall be permitted to reside or live within 1,000 feet of any school,
park, playground, beach, library, church, children's recreation center,
day-care center or any municipally owned property within the Borough
of Manasquan.
[Ord. No. 1968-05 § 3]
A person who resides or lives within 1,000 feet of any school,
park, playground, beach, library, church, children's recreation center,
day-care center or any municipally owned property within the Borough
of Manasquan shall have 60 days from receipt of written notice of
this prohibition to relocate their residence. Failure to move to a
location which is in compliance with this section within such sixty-day
period shall constitute a violation of this section.
[Ord. No. 1968-05 § 4]
This section shall not apply to any person who has established
residence in the Borough of Manasquan prior to January 1, 2006.
[Ord. No. 1968-05 § 5]
[Ord. No. 1984-06 § 1]
The Borough of Manasquan desires to amend and supplement the
Municipal Code in respect to alcohol related games and contests.
Manasquan is a family community and a popular tourist destination
for families, and is visited each summer by thousands of families
with children, most of whom either park in residential neighborhoods
to walk to the beach, or to attend events in the community, or to
visit friends or relatives.
Municipal officials, residents, and the local/regional/and state
newspapers have taken notice of the increasing frequency of occasions
on which occupants of summer rental properties in the community have
begun engaging in games and contests on their lawns and porches that
involve as an element of the game or contest the consumption or use
of alcoholic beverages, such as 'Beer Pong' and chugging contests.
The Mayor and Council find that the playing of such outdoor
alcohol related games and contests in full view can expose these families
and their impressionable children to foul language, excessive noise,
rowdy and disorderly behavior and to examples of consumption of alcohol
under circumstances that are detrimental and to which they ought not
to be exposed, and that can adversely affect the health, safety and
welfare of these children, their families and the general public.
[Ord. No. 1984-06 § 2]
No game or contest that involves, as an element of the said
game or contest, the consumption or use of an alcoholic beverage shall
be permitted, performed or engaged outside of a house, building or
other structure in a location and/or manner that participants in such
game or contest can be viewed from a public street, public sidewalk,
public walkway or other public thoroughfare.
[Ord. No. 1984-06 § 3]
[Ord. No. 2051-09 § 3]
The word person as used herein shall include the singular and
plural and shall also mean and include any person, firm, corporation,
association, club, partnership, society, or any other form of association
or organization known as "group rentals.
[Ord. No. 2051-09 § 3]
It shall be unlawful for any person to make, cause, suffer or
permit to be made or to be continued any behavior or loud, unnecessary
or unusual noise or any noise or act which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of any other person within the corporate limits of the Borough of
Manasquan. Such conduct shall be considered a nuisance.
[Ord. No. 2051-09 § 3]
The following acts, among others, are declared to be nuisances
in violation of this section, when the noise emanating from such acts
is clearly audible from at least 100 feet from the actor, source,
or device, within the corporate limits of the Borough of Manasquan.
The enumeration shall not be deemed to be exclusive:
a.
Radios, Stereos, Etc. The playing of any radio, television, stereo,
musical instrument or other machine or device for the production or
reproduction of sound, in such a manner or in such volume, as to unreasonably
annoy or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or other types of residence or to disturb the peace, quiet and
comfort of the neighboring inhabitants or to play or operate the same
with louder volume than is necessary for convenient hearing of the
person or persons who are in the room, chamber, or venue in which
said machine or device is operated and who are voluntary listeners
thereto.
b.
Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or
singing on the public streets or yelling, shouting, hooting, whistling
or singing at any other place, whether public or private, in such
a manner and in such volume and intensity to disturb the peace and
quiet of the neighborhood, so as to annoy or disturb the quiet, comfort
or repose of persons in any office or dwelling, hotel or any other
type of residence or of any persons in the vicinity.
c.
The shouting of peddlers, hawkers and vendors, in such a manner and
in such volume and intensity to disturb the peace and quiet of the
neighborhood, so as to annoy or disturb the quiet, comfort or repose
of persons in any office or dwelling, hotel or any other type of residence
or of any persons in the vicinity.
d.
Loudspeakers and Amplifiers for Advertising. The use, operation,
or permitting the playing, use or operation of any radio, television,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the production or reproduction of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building, structure,
store or establishment.
e.
Construction. The operation of any equipment used in commercial construction,
repair, alteration or demolition work on buildings, structures, streets
or appurtenances thereto, in residential or commercial land use categories
on weekdays between the hours of 6:00 p.m. and 8:00 a.m. the following
day, or between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning
and on legal holidays, except in the case of urgent necessity in the
interest of public health and safety and then only with permission
from Mayor and Council.
f.
Landscaping Equipment. The operation of power mowers and power tools
used in landscaping outdoors between the hours of 8:00 p.m. and 8:00
a.m. the following day.
g.
Loading Operations. Loading, unloading, opening, or otherwise handling
boxes, crates, containers, garbage cans or similar objects between
the hours of 6:00 p.m. and 6:00 a.m. the following day, in such a
manner as to annoy or disturb the quiet, comfort or repose of persons
in any office or dwelling, hotel or any other type of residence or
of any persons in the vicinity.
h.
Refuse Compacting Vehicles. Operating or permitting the operation
of any motor vehicle which can compact refuse, and which creates,
during the compacting cycle a disturbing noise between 6:00 p.m. and
6:00 a.m. the following day in residential use districts.
i.
Vehicle Repairs or Testing. Repairing, rebuilding, modifying or testing
any motor vehicle, off-road vehicle or motorboat in or near a residential
use district in such a manner as to annoy or disturb the quiet, comfort
or repose of persons in any office or dwelling, hotel or any other
type of residence or of any persons in the vicinity.
j.
Standing Motor Vehicles. Operating or permitting the operation of
a motor vehicle whose gross motor vehicle weight is in excess of 10,000
pounds or any attached auxiliary equipment for a period longer than
three minutes in any hour while such vehicle is stationary on a public
right- of-way in a residential district, or is on private property
in a residential or commercial zone and is not within a completely
enclosed structure.
k.
Bells and Alarms. The sounding or permitting the sound of any exterior
building alarm on any building or motor vehicle unless such burglar
alarm shall terminate its operation within 15 minutes of its being
activated.
l.
Horns, Signal Devices, Etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus or any other vehicle on
any street or public place of the Borough of Manasquan, except as
a danger warning; the creation by means of any horn or signaling device
of any unreasonably loud or harsh sound; or the sounding of any said
horn or signaling device for any unnecessary and unreasonable period
of time; or the use of said horn or signaling device when traffic
is for any reason held up; or the use of any horn, whistle or device
operated by engine exhaust.
m.
The keeping of any animal or bird, which shall emit frequent or long-
continued noises.
[Ord. No. 2051-09 § 3]
The hours referred to in this section shall be prevailing time,
i.e. either Eastern Standard Time or Eastern Daylight Saving Time.
[Ord. No. 2051-09 § 3]
This section is intended to apply and to bind the owners, tenants,
occupants, guests and all other persons as heretofore defined within
the corporate limits of the Borough of Manasquan. This section shall
not apply to representatives and employees of the Borough of Manasquan
performing tasks on official business of the Borough of Manasquan,
or for specific activities authorized by Mayor and Council.
[Ord. No. 2051-09 § 3]
It shall be the duty of the Police Department and the Code Enforcement
Department of the Borough of Manasquan to determine whether or not
this section has been and is being complied with and to enforce the
provisions of this section against any person violating the same.
[Ord. No. 2051-09 § 3; Ord. No. 2181-15; Ord.
No. 2185-15; amended 4-5-2021 by Ord. No. 2342-21]
Any Police Officer or Code Enforcement Officer of the Borough
of Manasquan or any taxpayer or resident of the Borough may make a
complaint in Municipal Court of the Borough of Manasquan for any violations
of this section or any subsection, paragraph or provision thereof.
Upon conviction for each and every violation, the person committing,
taking part in or assisting in such violation or violations shall
be liable for a minimum fine of $600 and a maximum fine of $2,000.
