Township of Ocean, NJ General Police Regulations

Any security alarm system which has been installed before the effective date of this section shall be registered and a permit fee collected by the alarm administrator within 60 days after such effective date. The alarm agreement holding company shall provide, in a format approved by the alarm administrator, an alarm user list of existing alarm users in the Township, including name, address, billing address, telephone number and the telephone number of the law enforcement agency that they have listed to call to report an alarm for that alarm site to the alarm administrator.

The alarm agreement holding company may through a mutual written agreement have another alarm company provide the alarm user's list.

Failure to comply within 30 days after being notified in writing from the alarm administrator will result in a fee of $50 per business day until the alarm agreement holding company complies with this requirement.

New Security Alarm Systems:

Any alarm installation company that installs a security alarm system on premises located within the Township limits of the Township of Ocean shall notify the alarm administrator that a security alarm system has been installed and send the alarm administrator the required information as listed in the alarm permit application section (4) including the appropriate registration permit fee collected from the alarm user.

Failure of an alarm installation company to notify the alarm administrator of a new security alarm system installation prior to the system's activation shall result in a $100 fee to the alarm installation company.

The initial alarm permit registration fee must be submitted to the alarm administrator at the same time as the registration application or an alarm system takeover.

It shall be the responsibility of the alarm user to forward to the alarm administrator the completed application within seven days of installation.

Alarm Registration, Permit and Renewal Fees.

Beginning January 1, 2013, an alarm registration shall expire on December 31st of the year in which issued and must be renewed annually by the alarm user by submitting an updated application and a permit renewal fee. The alarm administrator shall notify the alarm user of the need to renew their permit 30 days prior to the expiration of the registration. It is the responsibility of the alarm user to submit the updated information and renewal fees prior to the registration/renewal expiration date. Failure to renew shall be classified as use of a nonregistered security alarm system and subject the alarm site to a suspension and late fees.

Registration permit fees shall be collected annually beginning January 1, 2013 and will be based on a one year permit period. Said period will run from January 1st through December 31st of each year. Permit and renewal fees are as follows:

Residential	$25
Commercial	$50

Late Fee. Alarm users who fail to make payment for an alarm permit prior to the registration expiration date will be assessed a late fee in the amount of $10.

Refunds. No refund of a permit or permit renewal fee will be made.

Any alarm installation company that installs or activates an alarm system on premises within the Township after the effective date of this section shall have the alarm user complete a customer false alarm prevention checklist and the installer shall complete an alarm installer checklist. The alarm installation company shall keep on file the completed checklist for up to one year after the activation of the alarm system. Failure to complete the required checklists shall result in a $100 administrative fee per incident against the alarm installation company.

[Ordinance No. 2199, codified herein as § 3-1, was adopted April 18, 2014.]

Upon receipt of a completed alarm permit application form and the alarm permit fee, the alarm administrator shall issue a permit or permit renewal to the applicant unless:

The applicant has failed to pay any fee assessed under this section; or

An alarm permit for the alarm site has been suspended, and the condition causing the suspension has not been corrected; or

Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm registration shall be sufficient cause for refusal to issue a registration alarm permit.

Upon receipt of the permit application form and fee, the alarm administrator shall issue a permit and permit number to the alarm user which will be valid through December 31st of the year issued if the alarm administrator is satisfied that the registration information is complete and that the alarm system will be operated in conformance to this Ordinance. Renewal permits are valid for a one-year period beginning January 1st and ending December 31st.

Permit Number. A valid permit number for the alarm site is required for each request for a burglar alarm dispatch. A burglar alarm request without a valid permit number may not be accepted for a police dispatch.

Exceptions:

Government entities, including but not necessarily limited to the Township of Ocean, county, state, federal and the school district, must obtain permits for all alarm systems on property under their control within the corporate boundaries of the Township of Ocean but are exempt from payment of permit and renewal fees.

All permit fee exempted alarm sites stated in Subsection 9(a) above are required to obtain and renew a valid alarm permit for police response and may be subjected to all other fees and suspension enforcement.

Permit Application: Contents.

An application for an alarm permit must be on a form provided by the Township of Ocean Police Department and must contain the following information:

The name, complete address, including apartment or suite number, and telephone numbers of the person who will be the holder of the permit and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this subsection;

The physical address and classification of the alarm site as either residential (includes apartment, condo, mobile home, etc.) or commercial;

The classification of the alarm system (i.e. burglary, fire, holdup, duress, panic alarm or other) for each alarm system located at the alarm site, and, for each classification, whether the alarm is audible or silent;

The applicant's mailing address, if different from the address of the alarm site;

Any dangerous or special conditions present at the alarm site such as guard dogs or any type of alarm system that is rigged to produce a temporary disability or sensory deprivation through use of chemical, electrical, sonic or other means, including use of devices that obscure or disable one's vision;

A written notice from the alarm user setting forth the following:

The date of installation, conversion or takeover of the alarm system, whichever is applicable;

The name, address, and telephone number of the alarm installation company or companies performing the alarm system installation, conversion or takeover and of the alarm installation company responsible for providing repair service to the alarm system;

The name, address, and telephone number of the monitoring company if different from the alarm installation company;

(4)

That a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, have been left with the applicant by the alarm installation company; and

(5)

That the alarm installation company has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms.

An acknowledgement that the police response may be influenced by factors including, but not limited to; the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, prior alarm history, administrative actions and staffing levels.

Transfer of Permit Prohibited.

An alarm permit cannot be transferred to another person or alarm site. An alarm user shall inform the alarm administrator of any change to the information listed on the alarm permit application within 10 business days after such change.

Exceptions may be made in the discretion of the alarm administrator when the transfer proposed is among members of the family of the original permit holder or successors in interest to the property for which the permit has been issued.

Duties of Alarm Users.

An alarm user shall:

Maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarms;

Make every reasonable effort to arrive at the alarm system's location within 30 minutes after being requested by the monitoring company or Police Department in order to:

Deactivate an alarm system;

Provide access to the alarm site; and/or

Provide alternative security for the alarm site.

Provide your alarm company with the updated names and telephone numbers of at least two individuals who are able and have agreed to:

Receive notification of an alarm system activation at any time;

Respond to the alarm site at any time; and

Provide access to the alarm site and deactivate the alarm system, if necessary.

Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report.

No person shall operate or cause to be operated any automatic dialing device which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department or the Township and then transmit any prerecorded message or signal. An administrative fee of $100 per incident will be assessed.

An alarm user shall keep a set of written operating instructions for each alarm system at each alarm site.

All alarm users shall agree with their alarm installation company or monitoring company to go through an "acclimation period" for the first seven days after activation of a burglar alarm system, during which time the alarm installation company or monitoring company will have no obligation to respond to, nor will it respond to, any alarm signal from the alarm site, or make an alarm dispatch request to the police, even if the alarm signal is the result of an actual alarm event. Exceptions to the "acclimation period" of non-response can be made by the Police Department in special circumstances, including but not limited to, domestic violence and stalking.

An alarm user should have an alarm installation company inspect the alarm system after two false alarms in their one-year permit period to modify the alarm system to be more false alarm resistant or provide additional user training as appropriate.

Audible Alarms; Restrictions, Disconnects.

After the effective date of this section no one shall install, modify or repair an alarm system in the Township of Ocean that has a siren, bell or other signal that is audible from any property adjacent to the alarm site that sounds for longer than 15 consecutive minutes after the alarm is activated or that repeats the 15 minute audible cycle more than three consecutive times during a single armed period. An administrative fee of $100 per incident will be assessed.

Audible alarm systems may be disconnected by the Township of Ocean through the use of any means reasonable and necessary if the alarm does not automatically shut off as described in Subsection f, 1. The Township or its employees or agents shall not be responsible or liable for damage resulting from such disconnection.

Duties of Alarm Installation Companies and Monitoring Companies.

Each alarm installation company and alarm monitoring company must designate one individual as the alarm response manager (ARM) for the company. The individual designated as the ARM must be knowledgeable of the provisions of this section, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, contact number, and e-mail address of the ARM shall be provided to the alarm administrator.

Alarm installation companies shall:

Upon the installation or activation of an alarm system, the alarm installation company shall distribute to the alarm user information summarizing:

The applicable law relating to false alarms, including the permit fee and the potential for service fees and suspension of an alarm permit;

How to prevent false alarms; and

How to operate the alarm system.

After the effective date of this ordinance, alarm installation companies shall not program alarm systems so that they are capable of sending One Plus Duress Alarms. Monitoring companies may continue to report One Plus Duress Alarms received from alarm systems programmed with One Plus Duress Alarms installed prior to the effective date of this ordinance.

Upon the effective date of this ordinance, alarm installation companies shall not install, modify or repair "single action" devices for the activation of holdup, robbery or panic alarms. New devices shall require two actions or an activation delay to provide more positive assurance that the user intends to activate the device. No single action "key-fobs" devices are allowed.

Ninety days after the effective date of this ordinance, an alarm installation company shall, on new installations, use only alarm control panel(s) which meet ANSI/SIA CP-01- Control Panel Standard - Features for False Alarm Reduction.

An alarm company shall not use an automatic voice dialer for any alarm system which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading into the Police Department or the city and then transmit any prerecorded message or signal. An administrative fee of $100 per incident shall be assessed.

After completion of the installation of an alarm system, an employee of the alarm installation company shall review with the alarm user the Customer False Alarm Prevention Checklist or an equivalent checklist approved by the alarm administrator. The installer shall complete the Alarm Installer Checklist.

Ensure that all alarm users of alarm systems equipped with a duress, robbery, holdup or panic alarm have been provided adequate training as to the proper use of the alarm. Panic alarms shall be set to have an audible alarm upon activation.

(h)

Each installation company must maintain, for a period of at least one year after the date of installation or activation of an alarm system both the completed Alarm Installer Checklist and the Customer False Alarm Prevention Checklist. The alarm administrator may request copies of such records for any individual alarm user. The company shall provide the requested records within five business days. Failure to comply with this subsection will incur a $50 service fee.

A monitoring company shall:

Not make an alarm dispatch request to a burglar alarm signal during the first seven-day "acclimation period" after a burglar alarm system installation or activation. Exceptions to the "acclimation period" of non-response can be made by the Police Department in special circumstances, including but not limited to, domestic violence and stalking.

Report alarm signals by using telephone numbers designated by the alarm administrator.

Employ Enhanced Call Verification on all burglar alarms. The Township of Ocean Police Department may refuse to accept an alarm dispatch request from a monitoring company that has failed to comply with the procedures required by enhanced call verification.

Communicate alarm dispatch requests to the Police Department in a manner and form determined by the alarm administrator.

A valid permit number is required for all alarm requests. Failure to provide a valid permit number may result in the call request not being accepted for a police dispatch.

Provide zone(s) activation information.

Communicate cancellations to the Police Department in a manner and form determined by the alarm administrator.

Communicate any available information (north, south, front, back, door, window etc.) about the location of an alarm signal(s) as part of an alarm dispatch request.

Communicate the type of alarm activation (silent or audible, interior or perimeter), if available, on any alarm dispatch request.

(h)

Notify dispatch of any alarm site that it knows, or reasonably should know has guard dog(s) or is fitted with a protective-reactive device. During any alarm at such a site, a responsible party must be contacted and confirm that he or she will respond to the alarm site to disarm the device or take control of the guard dog(s). In all cases where a guard dog or a protective-reactive device is present at an alarm site, the police dispatch request shall include a warning for officers not to enter the alarm site until the responsible party is present and has disarmed the device or taken control of the guard dog(s).

(i)

After an alarm dispatch request, promptly advise the Police Department if the monitoring company knows that the alarm user or a responsible party is on the way to the alarm site.

(j)

Each monitoring company must maintain, for a period of at least one year after the date of an alarm dispatch request, all records relating to the alarm dispatch request. Records must include the name, address and telephone number of the alarm user, each alarm system zone activated, the time of alarm dispatch request and evidence of all attempts to verify. The alarm administrator may request copies of such records for any individual alarm user. Failure to comply with this subsection will incur a $50 service fee per incident.

(k)

Each monitoring company shall, upon request, immediately provide the Police Department with the names and phone numbers of the alarm user's emergency contacts at the time of each alarm dispatch request.

(l)

Conversion of alarm users. An alarm installation company or monitoring company that converts the servicing of any alarm system account from another company shall notify the alarm administrator of such conversion and shall provide to the alarm administrator, within 30 days from the date of conversion, an alarm user list of the converted accounts, in a format acceptable to the alarm administrator, that includes the following:

Permit number.

Customer name.

Customer billing address.

(4)

Customer telephone number.

(5)

Alarm site address.

(6)

Alarm installation company license number.

(7)

Monitoring company license number.

(m)

The customer lists described in Subsection (1) above are proprietary and confidential information and will not be released to anyone absent a court order.

(n)

Failure to provide alarm user lists to the alarm administrator, as required in Subsection (1) above, will result in a fee of $50 per business day until the alarm installation company or monitoring company complies with the requirement.

(o)

Disconnected alarm users. An alarm installation company or alarm monitoring company that holds the alarm agreement shall notify the alarm administrator by the 15th day of each month of all their alarm customers within the Township of Ocean that have discontinued their alarm service with the company in the previous month. Failure to comply can result in an administrative fee of $50 per incident.

Duties and Authority of the Alarm Administrator.

The alarm administrator shall:

Designate the manner and form of alarm dispatch requests and the telephone numbers to be used for such requests; and

Establish a procedure to accept cancellation of alarm dispatch requests.

The alarm administrator shall establish a procedure to acquire and record information on alarm dispatch requests including the following information; i.e. the CAD entry shall include:

Identification of the alarm site by address, (apartment number, unit number, suite number) and business name or last name;

The date and time alarm dispatch request was received, including the name of the monitoring company and the monitoring operator's name or number;

Date and time of an officer's arrival at the alarm site;

The alarm zone(s) and zone description;

The alarm administrator shall establish and implement a procedure to notify the alarm user of a false alarm. The notice shall include the following:

The date and time of an officer's response to the false alarm; and

A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting false alarm fees.

Any false alarm fees incurred.

The alarm administrator may require that a conference be held with an alarm user and the alarm installation company or monitoring company responsible for repairing or monitoring of the alarm system to review the circumstances of each false alarm. The conference may be held in person or through a conference telephone call at the alarm administrator's discretion. Failure to participate may result in suspension of the alarm permit.

The alarm administrator may establish an alarm user awareness class. The alarm administrator may request the assistance of associations, alarm companies and law enforcement agencies in developing and implementing the class. The class shall inform alarm users of the alarm ordinance, problems created by false alarms and teach alarm users how to avoid creating false alarms.

If a false robbery, holdup or panic alarm has occurred and the alarm was triggered using a single action, non-recessed device, the alarm administrator may consider a waiver or partial waiver of the false alarm fee, if action is taken by the alarm user to remove or replace the single action, non-recessed device.

The alarm administrator will make a copy of this section and/or an ordinance summary sheet available to each alarm user.

False Alarm Fees; Service Fees; Late Fees.

False Alarm Service Fees. An alarm user shall pay the following fees to the alarm administrator for police response to any false alarm during their one year permit period:

False Alarm Service Fees:

1 — Complimentary

2 & 3 — $50 Service Fee

4 & 5 — $100 Service Fee

6+ — $150 Service Fee

If a false alarm fee is not paid within 30 days after the invoice is mailed, a late fee in the amount of $20 will be imposed.

Fees for False Alarms by Nonpermitted Alarm Systems. In addition to the fees set forth in Subsections j.1 and 2, a supplemental fee is hereby imposed upon any person operating a nonpermitted alarm system in the amount of $100 for each false alarm.

Where the investigation of the Police Department discloses a disregard of the permittee for taking remedial steps to avoid false alarms and/or the failure of the permittee to pay any administrative charge, the chief of police or his designee reserves the right to require disconnection provided that no such permit shall be revoked or suspended without giving the permittee the opportunity to appeal said decision. In addition, if any person fails to pay any administrative charge within 30 days of the notification of said charge to any person, a summons may be issued for a violation of this section.

Any unauthorized equipment may be required to be disconnected by the chief of police or his designee for noncompliance with this section; and any person installing or maintaining unauthorized equipment shall be prosecuted for violation of this section; and each and every day said equipment is in operation shall be considered a separate violation. Any permittee shall, by acceptance of the permit, be deemed as having consented to inspection of the premises on which said alarm devices are installed at reasonable hours by the chief of police or his designee.

Any monitoring company requesting an alarm dispatch request for a nonpermitted alarm system shall pay an administration fee of $100 per incident. If the fee is not paid within 30 days after the invoice is mailed, a late fee in the amount of $25 is hereby imposed on the monitoring company.

If cancellation of police response occurs prior to the police officer's arrival at the alarm site, the response is considered a false alarm and any applicable fee(s) will be assessed. The police cannot and will not cancel once notified by a monitoring/alarm company of an activated alarm.

The alarm installation company shall be assessed a fee of $100 if the officer responding to the false alarm determines that an on-site employee of the alarm installation company directly caused the false alarm. Such false alarms are not included in the total number of false alarms for the alarm user.

A fee of $100 is hereby imposed against any monitoring company that fails to verify alarm system signals as required in Subsection h.3(c).

10.

A fee in the amount of $200 is hereby imposed against an alarm installation company if the alarm administrator determines that an employee of the alarm installation company knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.

11.

Notice of the right of appeal under this section will be included with notice of any fee.

12.

All registration fees, renewal registration fees, service fees or fines accessed under this section are due within 30 days of written notice unless otherwise noted. A late fee of $10 shall be assessed for each individual registration fee due, and a late fee of $20 for each individual false alarm fee due, that are not paid within 30 days.

13.

Municipal agencies of the Township of Ocean including but not limited to Township of Ocean Sewerage Authority, the Township of Ocean School District and the Township of Ocean Fire and First Aid Squads shall be exempted from the provisions of this subsection of this section.

14.

In compliance with Township of Ocean Ordinance No. 1665, all active volunteer first aid squad and fire company members within the Township of Ocean Fire Districts 1 & 2 shall be exempt from alarm registration fees. The alarm administrator shall be provided with a list of same on the first of January of each year.

Notice to Alarm Users of False Alarms and Suspension of Police Response.

The alarm administrator shall notify the alarm user in writing after each false alarm. The notice shall include either a warning or the amount of the fee for the false alarm.

The alarm administrator shall notify the alarm user in writing 30 days prior to suspension of police response.

Appeals of Determinations Regarding Alarm Permits and Fees.

If the alarm administrator assesses a fee, suspends an alarm permit or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action to the affected applicant, alarm user, alarm installation company or alarm monitoring company.

The applicant, alarm user, alarm installation company or alarm monitoring company may appeal any action described in Subsection 1 above to the chief of police or designee by setting forth in writing the reasons for the appeal and delivering the appeal to the chief of police or designee within 20 business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.

The procedure for an appeal to the chief of police or designee is as follows:

The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal to the Police Department setting forth the reasons for the appeal.

The chief of police or designee shall consider the evidence submitted by the appealing party and the alarm administrator. The chief of police or designee must base the decision on the preponderance of evidence and must render a decision within 15 days of receipt of the written appeal. The decision shall affirm or reverse the decision or action taken by the alarm administrator.

Filing of an appeal stays any action by the alarm administrator to suspend an alarm permit or require the payment of a fee until the appeal process has been exhausted. This provision applies only to the action of the alarm administrator that is the subject of the appeal. This provision does not operate as a bar to enforcement action on violations of this section that occur thereafter.

The decision of the chief of police is final with regard to any appeal.

The alarm administrator or the chief of police, or their respective designees, may adjust the count of false alarms or assessed fees based on:

Evidence that a false alarm was caused by action of a communications services provider (i.e. telephone, cellular, cable company);

Evidence that a false alarm was caused by a power outage or severe weather such as a tornado or earthquake;

Evidence that an alarm dispatch request was not a false alarm;

The occurrence of multiple alarms within a twenty-four-hour period, which may be considered as one false alarm if the alarm user has taken corrective action unless the false alarms are directly caused by the alarm user.

The alarm administrator may waive all of a false alarm fee or a partial part of the fee due to extenuating circumstances or to encourage corrective action.

On review of fees assessed to an alarm installation company or monitoring company, the alarm administrator, or, if appealed, chief of police, or designee, may consider whether the alarm installation company or monitoring company has engaged in a consistent pattern of violations.

Reinstatement of Suspended Alarm Permits.

On the first suspension of a permit, a person whose alarm permit has been suspended may obtain reinstatement of the permit by the alarm administrator if the person:

Submits a new application and pays a $50 reinstatement fee;

Pays, or otherwise resolves, all outstanding fees and penalties;

Submits a written notice from an alarm installation company stating that the alarm system has been inspected and repaired (if necessary) by the alarm installation company;

On the second and every subsequent suspension of a permit, reinstatement may be obtained by compliance with Subsection 1 above and compliance with any of the following conditions that the alarm administrator may require:

Proof that an employee of the alarm installation company or monitoring company caused the false alarm.

Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01.

A written statement from an independent inspector designated by the chief of police or his designee that the alarm system has been inspected and is in good working order.

Confirmation that all motion detectors are properly configured.

Confirmation that the alarm system requires two independent zones to trigger before transmitting an alarm signal to the monitoring company.

Confirmation that the alarm system requires two independent detectors to trigger before transmitting an alarm signal to the monitoring company.

Certification that the monitoring company will not make an alarm dispatch request unless the need for an officer is confirmed by a listen-in device. This condition does not apply to residential property.

(h)

Certification that the monitoring company will not make an alarm dispatch request unless the need for an officer is confirmed by a camera device. This condition does not apply to residential property.

(i)

Certification that the monitoring company will not make an alarm dispatch request unless the need for an officer is confirmed by a person at the alarm site.

The Police Department shall reinstate its response to an alarm site as soon as is practicable after receiving notice of reinstatement from the alarm administrator. The alarm user and monitoring company shall take notice that the alarm site has been officially reinstated only after receiving notice from the alarm administrator of that fact.

Suspension of Police Response to an Alarm Site.

The chief of police or designee may suspend police response to an alarm site if it is determined that:

There is a violation of this section by the alarm user; and/or

There is a false statement of a material fact in the application for a permit; and/or

The permitted alarm system has generated more than six false alarms during any permit period; and/or

The alarm user has failed to pay an alarm permit fee or late fee, a late renewal fee or any fee assessed under this section, more than 30 days after the fee is due. This applies to all classifications of alarms including burglary, panic, duress, holdup and robbery.

The police may not respond to any alarm where the alarm site is under suspension of police response.

Actions made pursuant to this section are not subject to administrative review.

The chief of police or designee may, for good cause shown, reinstate police response that has been suspended pursuant to this section.

Police Department Response.

The Police Department will respond to all "in progress" robbery, panic or burglar alarms as promptly as possible, taking into account pending calls for service and any policy establishing priority of dispatched calls following notification of the receipt of the alarm from the monitoring company. Police supervisors may cancel police response to any or all alarms based on weather or other factors effecting police service needs.

The chief of police or designee may reprioritize assignment of burglar alarms and response time at any time during a twenty-four-hour period as may be necessary due to the service needs of the community.

Confidentiality of Alarm Information. All information contained in documents gathered through alarm registrations, the submission of customer lists and in the alarm appeal process must be held in confidence by all employees of the alarm administrator and the Township of Ocean. Such information is proprietary and is hereby declared confidential and not a public record. Absent special circumstances, such information must not be released to the public or any person other than a law enforcement agency, third party administrator or the applicable alarm user, alarm installation company or alarm monitoring company except pursuant to court order.

Scope of Police Duty; Immunities Preserved. The issuance of alarm permits or alarm registration is not intended to nor does it create a contract between the Police Department and/or the Township of Ocean and any alarm user, alarm installation company or monitoring company, nor does it create a duty or obligation, either expressed or implied, on the Police Department to respond to any alarm. Any and all liability and consequential damage resulting from the failure of the Police Department to respond to an alarm dispatch request is hereby disclaimed and full governmental immunity as provided by law is retained. By applying for an alarm permit, the alarm user acknowledges that the Police Department response is influenced by the availability of officers, priority of calls, traffic conditions, weather conditions, emergency conditions, staffing levels, prior response history and administrative actions.

Severability. The provisions of this section are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. Ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Violation and Penalties. When violations of the provisions of section 3-1 exist, the Township of Ocean Police Department reserves the right to issue a summons to said violator. When a penalty is not otherwise provided in this section, any person, firm or corporation found guilty in the municipal court of violating the terms of this section shall be subject to a penalty as provided in section 3-17 of the Revised General Ordinances.

Effective Date. This section shall take effect upon final passage and after publication as required by law.

§ 3-2 LOITERING.

§ 3-2.1 Idleness on Public Thoroughfares and Places of Business.

It shall be unlawful for any person to remain idle or loiter in front, or in the neighborhood of, any store, shop, restaurant, luncheonette or any place of business, or in or on the public streets, sidewalks, highways, roads, alleys, or any other public grounds, places or buildings, without limitation, unless that person establishes that he has a legitimate business in so doing.

§ 3-2.2 Sleeping or Loitering in Public or Quasi-public Places.

It shall be unlawful to use any public or quasi-public or Township-owned building for sleeping or loitering in any manner so as to inconvenience others or disrupt and disturb the public peace.

§ 3-2.3 Sleeping or Changing Attire in Vehicles.

It shall be unlawful and offensive to use any type of vehicle, truck, or trailer as a place for the purpose of changing from street attire into bathing suit or vice versa, or to engage at any time, either day or night, in the practice commonly known as "sleeping in cars."

§ 3-2.4 Responsibility of Parents or Guardians for Loitering by Minors.

It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 to knowingly permit such minor to remain idle or loiter in violation of Subsection 3-2.1 above.

Notice of Violation to Parent or Guardian. Whenever any minor under the age of 18 is arrested for violating any of the provisions of this section, the chief of police shall notify the parent, guardian or other person having custody of such minor of such arrest.

Presumption of Guilt of Parent or Guardian. In the absence of proof to the contrary, if such minor remains idle or loiters in violation of any of the provisions of this section between the hours of 9:30 p.m. and 6:00 a.m. of the following day, or repeats a violation of any of said provisions after notification to the parent or guardian of arrest for such violation, it shall be presumed that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.

§ 3-3 REGULATION OF NOISE NUISANCES.

§ 3-3.1 Prohibited Nuisances.

It shall be unlawful for any person to make, continue or cause to be made or permitted, any unnecessary and unreasonable loud disturbing noise which is plainly audible and either annoys, injures or endangers the comfort, repose, health or welfare of others within the limits of the Township.

§ 3-3.2 Definition of Terms:.

PLAINLY AUDIBLE - Shall mean any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The enforcement officer need not determine the title, specific words, or the artist performing the song.

SOUND SOURCE - Shall mean any person, animal, device, operation, process, activity or phenomenon which emits or causes noise.

NOISE - Shall mean any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property.

EMERGENCY - Shall mean any work or action necessary to deliver essential public services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions.

PERSON - Shall mean any corporation, company, association, society, firm, partnership and joint stock company as well as individuals.

§ 3-3.3 Definition of Noise Nuisances.

The following acts are declared to be loud, disturbing and unnecessary noise nuisances in violation of this section but said enumeration shall not be deemed to be exclusive, namely:

RADIO, PHONOGRAPH, INSTRUMENT, SINGING, TALKING - The playing of any radio, phonograph or musical instrument, or singing and talking in such a manner or in such volume as to annoy or disturb the quiet, comfort or repose of persons within or outside of any dwelling, hotel or other type of residence, particularly during the hours between 11:00 p.m. and 8:00 a.m.

ANIMALS AND BIRDS - The owning, harboring or keeping of any animal or bird which has been causing or causes frequent or long continued noise which disturbs the comfort and repose of any person within the vicinity. Frequent or long continued noise means continually for 10 minutes or intermittently for 30 minutes unless provoked.

SHOUTING - The shouting of peddlers, hawkers, vendors, or others who disturb the peace and quiet of the neighborhood.

ADVERTISEMENT DEVICES - The operation of any form of a sound-creating device, vocal or instrumental, human or mechanical or otherwise on the sidewalks, streets and highways or other public places of the Township, for or without profit, for the purpose of attracting the attention of the public to and the advertisement of any business, sport, exhibition, entertainment, spectacle, undertaking, happening, occasion and any other event or the operation in any building or on any premises or on any public street of the Township, any radio device or mechanical musical instrument or device of any kind whereby the sound is cast directly or indirectly upon any public street or place and where such device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public or which is so placed and operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of persons upon any street or public place or in neighboring premises, provided that the inhibition herein contained shall not be applicable to any parade or activity for which a permit consenting to the use of a sound-creating device has been issued.

HORNS AND SIGNALS - The sounding of any horn or signal device on any automobile or other vehicle while not in motion for any unnecessary or unreasonable period of time, except as a danger signal.

MUFFLER EXHAUST - The generation of loud sound as a result of the discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle, except through a properly functioning muffler or other device which will effectively prevent loud or explosive noises therefrom.

CONSTRUCTION - The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure from 7:00 p.m. on Friday until 8:00 a.m. Saturday, from 7:00 p.m. Saturday until 8:00 a.m. on Monday and on Mondays through Fridays from 7:00 p.m. until 8:00 a.m. Commercial construction shall not be allowed on Sundays at any time. Exceptions may be made if urgent necessity is in the interest of public health and safety and if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Township Manager of chief of police or their respective designees. These regulations shall also apply to the delivery, removal or emptying of construction dumpsters and roll-off containers. ( See Subsection 3-3.4d and h for residential exception)

[Amended 1-12-2023 by Ord. No. 2406]

LOADING AND UNLOADING - The creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates and containers.

INTERFERING WITH WORK IN INSTITUTIONS - The creation of excessive noise in or on the grounds of any school, church, synagogue, hospital, institution of learning, court, public building or place of public assembly, or on any street adjacent to such grounds, places or buildings, while the same are in use and which unreasonably interferes with the working of the institution or place or unduly annoys persons therein.

ATTRACTING ATTENTION DEVICES - The use of any drum or other instrument or device for the purpose of attracting attention to any performance show or sale, except in connection with any school or governmentally authorized civic activity or where a parade permit has been issued.

TOOLS AND EQUIPMENT - The operation or use of any power lawn mower, chain saw, fence post driller, saw, grinder, drill, garden equipment, snow blowers, leaf blowers or the like, between the hours of 8:00 p.m. and 8:00 a.m.

BUSES, TRUCKS OR TRACTORS - The unnecessary warming up or idling of buses, trucks or tractors and the unnecessary and repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.

OUTDOOR CONCERTS - Outdoor concerts except in accordance with permits first obtained therefor from the Township Council or their authorized designee.

VEHICLE NOISES - The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise.

POWERED MODEL VEHICLES - The operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m.

VEHICLE REPAIR - The repairing, rebuilding, modifying or testing any motor vehicle or off-road vehicle in or near a residential district in such a manner as to cause the disturbance and repose of others.

§ 3-3.4 Exceptions.

Operators of golf courses may commence mowing operations at 6:00 a.m. provided said mowing activity is limited to tee areas and greens and further provided that reasonable measures are taken to minimize the generation of noise from this activity and to the maximum extent possible, respect the needs of abutting residential properties for a peaceful environment.

Ice cream vendor vehicles may be operated in accordance with the following regulations upon the issuance of a permit by the Township License Officer, Health Officer or chief of police, as may be the case providing said vehicles are not operated in residential zones within the Township between the hours of 9:00 p.m. and 9:00 a.m. and are not left in a stationary position for more than one minute.

Nothing in this chapter shall be construed to apply to church bells or chimes, or to the playing of bands or orchestras in a hall or building owned or operated by a charity organization in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants; or the municipal, county, state or federal government agencies in connection with any emergency; or to normal working activities of or sponsored by the Township Council or to warning devices on vehicles used only for traffic and public safety purposes or as specifically permitted and/or required.

Activities of the governmental agencies in the performance of their duties, drills or public demonstrations.

Activities in the public parks, playgrounds or public buildings under the permission or authority of the appropriate municipal official.

Snow blowers may be used during the hours of 8:00 p.m. and 8:00 a.m. when sufficient snowfall has fallen within the previous 12 hours to warrant use.

During periods of electrical power outages emergency power generators or similar equipment may be used to provide for health and safety.

h. Construction activities by residents themselves on their residential property may be accomplished on Sundays between the hours of 9:00 a.m. and 6:00 p.m. All other construction restrictions of Subsection 3-3.3g shall apply.

[Amended 1-12-2023 by Ord. No. 2406]

§ 3-3.5 Penalty.

Any person found guilty of violating any provision of this section shall be subject to one or more of the following: imprisonment for any term not exceeding 90 days; or by a fine not exceeding $1,250; or by a period of community service not exceeding 90 days. Each day of violation shall constitute an additional, separate and distinct offense.

§ 3-3.6 Permits.

The Township official, officer or employee charged with the responsibility of issuing permits for the activities requiring permits in accordance with this section 3-3 hereof shall issue permits for such activities if such officer shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others; that the activities will not violate any other ordinance or law or create a public nuisance; and that the public health and safety will not be endangered thereby.

Permits shall specify the dates and hours of the permitted activities.

The issuing agents are authorized to adopt and use such forms of application and permits as may be reasonably required in the performance of their duties. Each application for a permit shall be accompanied by the applicable fee or a fee of $20 if no other fee has been established, which shall be payable to the Township of Ocean.

§ 3-3.7 Appeal of Denial of Permit.

An applicant for a permit hereunder shall have the right to appeal to the Township Council from the denial of the permit by the applicable municipal official. Such appeal shall be taken by filing a written notice of appeal addressed to the Township Council. Such notice shall be filed within three days after the issuing officer shall have notified the applicant of the denial of the permit. The Township Council shall act upon the appeal at their next regularly scheduled meeting after receiving the notice thereof and shall give the applicant an opportunity to be heard before taking action. The Township Council may affirm or reverse the issuing officer's denial of the permit or may grant the permit with modifications or conditions.

§ 3-3.8 Enforcement.

It shall be the duty of the Police Department of the Township to enforce the provisions of this section. In addition to public law enforcement officers and others who by law are entitled to enforce or bring complaints under this section, the officers who are designated hereunder for the issuance of permits, as well as the Township License Officer and Health Officer or their designees, shall have the power to enforce and bring complaints under this section.

A violation of this section shall be cause for summons and complaint to be issued forthwith, and failure to desist upon being warned by an enforcement officer shall constitute an additional separate offense, provided, however, that if the noise source is not a readily identifiable individual or a motor vehicle moving on a public right-of-way, in lieu of a summons and complaint, enforcement personnel may issue a twenty-four-hour notice, in writing, which may be served personally or by certified mail to the last known address of the person or persons in charge of or in control of the device, building or premises producing the noise, to abate said violation of this chapter. Failure to comply with this order so issued and served shall constitute an additional violation of this section.

§ 3-3.9 Proof of Violation.

Proof of violation of any provision or provisions of this section which is alleged to constitute such violation shall be determined by plainly audible means.

§ 3-4 POSTING OF BILLS AND PAINTING OF SIGNS.

No person shall post bills or advertisements of any kind on any public building, fence or other public property owned or partly owned or controlled by the Township of Ocean, County of Monmouth. Any person found guilty of violating any provision of this section shall be subject to one or more of the following: imprisonment for any term not exceeding 90 days; or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days.

§ 3-5 COMMERCIAL HANDBILLS AND SHOPPING CARTS.

§ 3-5.1 Definitions.

COMMERCIAL HANDBILL

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 of literature:

Which advertises for sale any merchandise, produce, commodity, or thing; or

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or

Which, while containing reading matter, other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

NEWSPAPERS

Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and a newspaper filed and recorded with any recording officer as provided by law; and, in addition thereto, shall mean and include any periodical or magazine regularly published with not less than four issues per year, and sold to the public.

SHOPPING CART

Shall mean push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and incidentally from the stores to a place outside the store.

§ 3-5.2 Distributing in Public Places.

No person shall throw or deposit any commercial handbill in or upon a sidewalk, street or other public place within the Township, provided however, that it shall not be unlawful on any street, sidewalk or other public place within the Township for the person to hand or distribute without charge to the receiver thereof any commercial handbill to a person willing to accept it.

§ 3-5.3 Placing Handbills on Vehicles.

No person shall throw or deposit any commercial handbill in or upon any unattended or unoccupied vehicle.

§ 3-5.4 Distributing Handbills on Private Premises.

No person shall throw or deposit or distribute any commercial 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 thereof a sign bearing the words "No Trespassing" or "No Peddlers or Agents," such notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right to privacy disturbed, or to have any such handbills left upon their premises.

No person shall throw, deposit or distribute any commercial 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 present in or upon such private premises. It is provided, however, that in case of inhabited private premises in Subsection b, such person unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if it is so placed or deposited as to secure or prevent it 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.

It shall be the responsibility of the owner or tenant of any private premises to regulate and control the distribution of commercial handbills upon his property. Any distribution of commercial handbills must be controlled so as to secure or prevent these handbills from being blown or drifted about the premises and sidewalks, streets or areas in close proximity to the private premises.

The provisions of this section shall not be deemed to apply to the distribution of mail by the United States nor to newspapers as defined within this section.

§ 3-5.5 Storing of Shopping Carts.

All shopping carts located within a commercial establishment shall be kept at all times on the subject premises. It shall be the responsibility of the owner or tenant of the subject premises to ensure that all shopping carts remain as close to the building as possible at all times. At no time will the shopping carts be allowed to remain further than 25 feet away from the subject premises between the hours of 10:00 p.m. and 8:00 a.m.

§ 3-5.6 Penalties.

Any person who shall violate any provisions of this section upon conviction thereof, shall be punished in accordance with section 3-17 of the Revised General Ordinances of the Township of Ocean.

§ 3-5A Distribution of Unsolicited Newspapers and Other Printed Material.

§ 3-5A.1 Regulations Pertaining to the Distribution of Newspapers and Other Printed Material.

[Ord. 2057, § I; Ord. 2076, § I]

The delivery of newspapers that are not part of a subscription ordered by a Township of Ocean property owner and are otherwise unsolicited shall be subject to the following regulations:

Delivery shall be made in a manner to include a plastic sleeve to minimize infiltration by rainwater unless personally handed to an occupant of the structure or otherwise projected from the elements.

Delivery shall be in a manner so that the newspaper is secured (i.e. placed under a doormat, hung on a doorknob, etc.) so that it is not subject to being windblown or in the alternative, it shall be personally handed to an occupant of the structure.

Delivery to a location where the property owner and/or resident has not yet collected printed material from the same publication shall be prohibited.

Distribution shall be prohibited if the property owner and/or resident requests cessation of delivery.

Utilization of a postal mailbox as a point of delivery shall be prohibited except to the extent that the newspaper(s) are distributed through the United States Postal Service.

The distribution of other printed material including but not limited to commercial fliers, solicitations for charitable contributions and political campaign literature shall be subject to the following regulations:

Delivery shall be made in a manner to include a plastic sleeve to minimize infiltration by rainwater unless personally handed to an occupant of the structure or otherwise protected from the elements.

Delivery shall be in a manner so that the printed material is secured (i.e. placed under a doormat, hung on a doorknob, etc.) so that it is not subject to being windblown or in the alternative, personally handed to an occupant of the structure.

Delivery to a location where the property owner and/or resident has not yet collected printed material from the same party shall be prohibited.

Distribution shall be prohibited if the property owner and/or resident requests cessation of delivery.

Utilization of a postal mailbox as a point of delivery shall be prohibited except to the extent that the newspaper(s) are distributed through the United States Postal Service.

§ 3-5A.2 Penalties.

[Ord. 2057, § I; Ord. 2076, § I]

Any violator of the above provisions shall be subject to the general penalty provisions of the Township of Ocean Codified Ordinances. Both the party or parties carrying out the actual delivery of the aforementioned printed material and the individual(s) and/or organization(s) who employ and/or direct the employee or volunteer who distributes the material shall be subject to the assessment of penalties under the provisions of this section.

§ 3-6 (RESERVED) [1]

[Ord. No. 2016; reserved by Ord. No. 2016-2287]

Editor's Note: Former § 3-6, Litter, now codified in Chapter 7, Subsection 7-2.7.

§ 3-7 OBSTRUCTION OF STREETS AND SIDEWALKS PROHIBITED.

§ 3-7.1 Obstruction Defined.

[Ord. 14; Ord. 73.]

No person shall obstruct the free and lawful passage of pedestrians and vehicles on the streets and sidewalks of the Township by placing thereon any goods, wares, merchandise or any other article of trade or sale, or in any other manner whatsoever.

§ 3-7.2 Exceptions.

[Ord. 14; Ord. 73.]

This section shall not apply to the following:

To obstructions caused by the loading or unloading of goods, wares or merchandise to and from vehicles in such a manner as to cause a minimum of obstruction which is necessary or unavoidable.

To receptacles for garbage, ashes or refuse lawfully placed on or in sidewalk areas for collection.

To space within three feet of the front line of any dwelling, house, shop or other building, if such space is appropriated and used by the occupant or owner thereof.

§ 3-7.3 Police Powers.

[Ord. 14; Ord. 73; Ord. 1499, § I.]

The Police Department is given full power and authority to prevent obstructions in violation of this section and to remove any such obstructions after giving to the owner of the premises abutting the area so obstructed a reasonable notice to remove said obstruction.

The penalty for violation of this section shall be as set forth in section 3-17 of the Revised General Ordinances of the Township of Ocean.

§ 3-8 (RESERVED) [1]

[Ord. Nos. 238, 432, 884, 1499, 1518, 1758; reserved by Ord. No. 2016-2287]

Editor's Note: Former § 3-8, Removal of Grass, Weeds, Brush and Other Impediments, now codified in Subsection 7-2.8.

§ 3-9 BURNING AND DISPOSAL OF LEAVES, REFUSE, TREES, BRUSH, STUMPS AND OTHER DEBRIS.

§ 3-9.1 Regulations Concerning Burning.

[Ord. 196; Ord. 485; Ord. 1653, § III.]

No person shall burn or cause to be burned any leaves, grass, waste paper or other combustible refuse material within the Township, unless such leaves, grass, waste paper or other combustible refuse be burned in a receptacle so constructed as to confine and control the fire in such manner as to prevent the spread of fire to buildings and other properties; or unless during certain seasons of the year the chiefs of the several fire departments within the Township shall issue specific permits for the burning of leaves, grass and weeds, which may thereafter be burned during daylight, on any day except Sunday, and with an adult in constant attendance.

No stumps, trees, brush or other debris may be burned within 200 feet of an existing dwelling or building.

§ 3-9.2 Removal.

All persons desiring leaves, grass, waste paper or other combustible refuse material to be removed by the Township shall deposit same in suitable containers conveniently placed for removal by the refuse collectors of the Township of Ocean.

§ 3-9.3 Penalty.

[Ord. 1971, § I]

§ 3-10 REMOVAL OF SNOW AND ICE.

§ 3-10.1 Land Abutting Public Streets.

Each owner, tenant or person in possession of any land abutting upon any public street or highway in the Township, shall clear and remove all snow and ice from the abutting sidewalk of concrete, crushed stone or cinder within 12 hours of daylight after the snow shall have fallen or formed thereon.

§ 3-10.2 Single and Multiple Dwelling Properties.

[Amended 1-10-2019 by Ord. No. 2314]

Each owner in the Township of a single- and/or multiple-dwelling property on which are constructed any private streets, highways, lanes, alleys or other roadways open to the public in the Township shall clear and remove all snowfall six inches and less in depth and ice therefrom within 12 hours of daylight after the snow shall fall or ice be formed thereon. When the accumulations exceed six inches, snow and ice must be removed within 72 hours unless the Township Manager or his/her designee determines it to be a special hazard.

§ 3-10.3 Vacant and/or Abandoned Properties.

[Amended 1-10-2019 by Ord. No. 2314[1]]

Each owner of a vacant or abandoned property in the Township on which are constructed any private streets, highways, lanes, alleys or other roadways open to the public in the Township, if registered with the Township as a vacant property, shall clear and remove all snow six inches and less in depth and ice therefrom within 12 hours of daylight after the snow shall fall or ice be formed thereon. When the accumulations exceed six inches, snow and ice must be removed within 72 hours unless the Township Manager or his/her designee determines it to be a special hazard. If not registered, the Township will assure the sidewalks are cleared as per the ordinance and the Code Enforcement Official shall certify the cost thereof to the governing body and the amount shall forthwith become a lien upon such dwelling or lands.

Editor's Note: This ordinance also provided for the renumbering of former Subsections 3-10.3 through 3-10.5 as Subsections 3-10.4 through 3-10.6.

§ 3-10.4 Failure to Comply.

[Amended 1-10-2019 by Ord. No. 2314]

If the owner, tenant or person in possession of any such real estate shall fail to clear or remove the snow as hereinbefore provided, the Township or an appointed designee/contractor may do so and the cost thereof shall then be sent to the homeowner. If not paid, it will be certified to the Township Council by the Code Enforcement Official/Officer and the Township Council shall thereupon confirm the costs and order the same to be charged against such abutting real estate and the amount so charged shall thereupon become a lien and tax on such real estate and be added and become a part of the taxes next to be levied and assessed thereon in the same manner as other taxes.

§ 3-10.5 Penalty.

In addition to the aforesaid, any person violating any provision of this section, shall, upon conviction thereof, be punished by penalty as provided in section 3-17 of this chapter.

§ 3-10.6 Placement of Snow From Private Properties.

All snow and ice removal activities on private lands shall be performed in a manner so that none of the snow or ice shall be deposited on public roadways or on public sidewalks.

§ 3-11 GUNNING, SHOOTING FIREARMS OR HUNTING GAME.

§ 3-11.1 Gunning Prohibited.

Gunning, shooting with firearms, or hunting game is prohibited in the Township, except on properties owned by a single owner comprising at least 25 acres or more.

§ 3-11.2 Gunning Near Structures.

In no event shall any person or persons be permitted to gun or hunt within 500 feet of any house, dwelling or other structure.

§ 3-11.3 State Laws.

Gunning or hunting shall not be permitted except at such times as provided by the laws of the State of New Jersey.

§ 3-12 POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES BY PERSON UNDER LEGAL AGE ON PRIVATE PROPERTY.

§ 3-12.1 Purpose.

The purpose of this section is to provide for the enforcement of P.L. 2000, c. 33.

§ 3-12.2 Definitions.

As used in this section:

GUARDIAN

Shall mean a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.

RELATIVE

Shall mean the underaged person's grandparent, aunt or uncle, sibling, or any person related by blood or affinity.

§ 3-12.3 Restrictions and Penalties.

[Ord. 1864, § I; Ord. 1981, § I]

Any person under the legal age to purchase alcoholic beverages who, without legal authority, knowingly possesses or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offenses.

The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant. Upon conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

The court shall, of any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privileges in the State of New Jersey of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

No ordinance shall prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

As used in this section:

GUARDIAN

Shall mean a person who has qualified as a guardian of the underaged person pursuant to testimony or court appointment.

RELATIVE

Shall mean the underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.

No ordinance shall prohibit possession of alcoholic beverages by any such person while actually engaged in performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at the county vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.

§ 3-12.4 Exceptions.

[Ord. 1864, § I.]

This section does not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.

This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this ordinance shall not be construed to preclude the imposition of a penalty under this section, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at a premises licensed for the sale of alcoholic beverages.

§ 3-13 (RESERVED) [1]

[Ord. No. 97; Ord. No. 182; reserved by Ord. No. 2016-2287]

Editor's Note: Former § 3-13, Fence and Hedge Restrictions, now codified in Subsection 7-2.9.

§ 3-14 REGULATION OF USE OF SEWER LINES.

§ 3-14.1 Discharge Into Sewer Lines of Garbage, Drainage Water or Extraneous Matter Prohibited.

No person shall discharge into any sanitary sewer line in the Township of Ocean anything other than sanitary sewage by means of the approved pipes and connections at the sanitary sewer line, and no garbage or drainage water from any source shall be discharged into any sanitary sewer line.

§ 3-14.2 Penalty.

[Ord. 1971, § I]

§ 3-15 (RESERVED) [1]

[Ord. No. 1997; reserved by Ord. No. 2016-2287]

§ 3-20 ILLICIT WATER CONNECTIONS, DISCHARGE OUTLETS, AND IMPROPER DISPOSAL OF MATERIALS. [1]

Editor's Note: Former Subsection 3-15, Portable Sanitation Equipment, now codified in Subsection 7-2.10.

§ 3-16 GAMES OF CHANCE ON SUNDAY.

§ 3-16.1 Raffle Licensing Law.

[Ord. 769.]

All games of chance permitted to be held, operated or conducted pursuant to the "State Raffle Licensing Law" as may be found in N.J.R.S. 5:8-50-76, its amendments and supplements thereto, may be held, operated and conducted on the first day of the week, commonly known and designated as Sunday, subject to all other provisions, regulations and requirements of the aforesaid "Raffle Licensing Law." This section is hereby adopted pursuant to the specific authorization provided for in N.J.R.S. 5:8-58.

§ 3-16.2 Bingo Licensing Law.

[Ord. 819, § 1.]

All games of chance permitted to be held, operated or conducted pursuant to the "Bingo Licensing Law" as may be found in R.S. 5:8-24 through R.S. 5:8-49.11, its amendments and supplements thereto, may be held, operated and conducted on the first day of the week, commonly known and designated as Sunday, subject to all other provisions, regulations and requirements of the "Bingo Licensing Law." This Subsection is hereby adopted pursuant to the specific authorization provided for in R.S. 5:8-31.

§ 3-16.3 Raffle and Bingo Approval Process.

[Ord. 2117, § 1]

The municipal Clerk is hereby delegated the authority to act as the "issuing authority" for the purpose of approving the granting of raffle and bingo licenses.

§ 3-17 PENALTY.

§ 3-17.1 Penalties.

[Ord. 671; Ord. 1283, § I; Ord. 1401, § I; Ord. 1971, § I; Ord. No. 2014-2217]

For violation of this chapter or any other ordinance of the Township of Ocean, County of Monmouth where no specific penalty is provided regarding the section or sections violated, the penalty shall be one or more of the following: imprisonment for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.

§ 3-17.2 Separate Violation.

Except as otherwise provided, every day that a violation of any ordinance shall continue shall be deemed a separate violation.

§ 3-17.3 Application.

The maximum penalty stated in the general penalty clause of this chapter is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.

§ 3-18 ABANDONMENT AND REMOVAL OF SHOPPING CARTS.

§ 3-18.1 Definitions.

For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:

CART - Shall mean a hand-drawn vehicle or wheeled container usually made of metal, such as is generally provided by merchants for the carting or carrying of merchandise to automobiles.

STREET AND SIDEWALK - Shall include any street, avenue, alley, lane, highway, boulevard, concourse, driveway, culvert or crosswalk and every class of road, square, place, municipal park, parking field or area, or other places used by the general public.

BROOKS OR DRAINAGE RIGHTS-OF-WAY - Shall mean any brook or drainage right-of-way running through the Township across which the Township has an easement.

§ 3-18.2 Leaving Carts.

It shall be unlawful for any person or his agent or employee to leave or to cause or permit or allow to be left any cart, either owned by him or in his possession, custody or control, upon any street or sidewalk or in any brook or drainage right-of-way.

§ 3-18.3 Removal From Property of Owner.

It shall be unlawful for any person to remove a cart as herein defined from the property of any food or commercial establishment.

§ 3-18.4 Carts to Be Kept Corralled or Inside When Business Is Closed.

At or before the close of business hours of any food establishment or commercial establishment providing carts for the use of its customers and patrons, the owner or operator of such food establishment or other commercial establishment shall either remove all carts from its parking yard or parking place and cause them to be removed to the interior of the commercial establishment or cause same to be placed in corrals provided by the owner for this purpose.

§ 3-18.5 Impoundment.

The Township shall remove or cause to be removed any cart found upon any street or sidewalk or in any brook or drainage right of way and shall take the same or cause the same to be taken to property or premises of the Township where the same shall be held until redeemed or sold, as provided in this section.

§ 3-18.6 Notice of Impoundment to Owner When Known.

Whenever the Township shall receive any cart containing identification of ownership or right to possession, a notice shall be sent by ordinary mail to such person, advising that such cart is held by the Township and advising the amount necessary to redeem.

§ 3-18.7 Redemption of Impounded Carts.

Any impounded cart may be redeemed by the owner thereof at any time prior to the sale, dismantling, destruction or disposal thereof, and he shall be entitled to receive such cart upon tendering the sum of $10. In addition, the person seeking to redeem shall pay the cost of advertising the sale thereof, if any. No cart shall be delivered to a person seeking to redeem it unless proof establishing to the satisfaction of the Township such person's ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Township against any other person claiming to be entitled thereto.

§ 3-18.8 Sale of Unredeemed Carts.

Where any impounded cart remains in the custody of the Township for a period of 15 days after impoundment and with respect to which no person has presented to the Township proof establishing to its satisfaction such person's ownership or right to possession, the Township Clerk shall give public notice in the official newspaper of the Township advising that at a specified time and place, not less than five days after such notice is published, such cart shall be sold at public auction for the best price to be obtained. A general description in such notice of the cart to be sold shall be sufficient. Such sale shall be conducted by the Township Clerk or by such person as may be designated.

§ 3-18.9 Disposition of Unredeemed Carts Not Sold.

In the event that any impounded cart shall remain unsold at public auction, the Township may reoffer such cart for sale at a subsequent public auction held pursuant to this section, or it may dismantle, destroy or otherwise sell or dispose of such cart. Any such sale or other disposition of such cart pursuant to this section shall be without liability on the part of the Township to the owner of such cart or other person lawfully entitled thereto or having interest therein.

§ 3-18.10 Disposition of Moneys.

Immediately after an impounded cart is redeemed or sold, the Township Clerk or a person designated by him, shall pay over to the Township Treasurer the proceeds from such redemption or sale and the Township Treasurer shall retain such proceeds and credit them to the general fund.

§ 3-19 CURFEW DURING HALLOWEEN PERIOD.

§ 3-19.1 Curfew Hours and Days Stated.

No person under the age of 18 years shall be permitted in any public place, public street or public property in the Township between the hours of 8:00 p.m. to 6:00 a.m. prevailing time during the evening of October 29 through October 30 and the evening of October 30 through October 31 and the evening of October 31 through November 1, inclusive of each year, unless such persons shall, during these hours, be returning home from work, night school, fraternity or church or school meetings or enroute to or returning from a doctor's or dentist's office where treatment has been rendered or is to be rendered by such doctor or dentist or is accompanied by his parent or guardian over the age of 18 years.

§ 3-19.2 Masks in Public Places Prohibited.

During the hours and days mentioned in section 3-19.1, no person shall wear any appliance for the purpose of covering any portion or part of his face, commonly known as a mask or partial mask, in any public place, public street or public property in the Township.

§ 3-19.3 Parents or Guardians Responsibility.

Any person who is a parent of, guardian of, 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.

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1038 and 1151.

§ 3-20.1 Purpose.

To protect public health, safety, and welfare, an ordinance to prohibit: illicit connections to the municipal separate storm sewer system(s) operated by the Township of Ocean, installation of outlets, and discharge or diversion of water onto Township roads; the spillage, dumping, and disposal of materials other then stormwater into the municipal separate storm sewer system(s) operated by the Township of Ocean.

§ 3-20.2 Definitions.

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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

DOMESTIC SEWAGE - Shall mean waste and wastewater from humans or household operations.

ILLICIT CONNECTION - Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Ocean, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE - Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307 (a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. 1317 (a), (b), or (c).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Ocean or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT - Shall mean a permit issued by the New Jersey Department of Environment Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NON-CONTACT COOLING WATER - Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON - Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PROCESS WASTEWATER - Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

STORMWATER - Shall mean water resulting from precipitation (including rains and snow) that run off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

§ 3-20.3 Prohibit Illicit Connection.

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of Ocean any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

§ 3-20.4 Prohibit Spilling, Dumping, or Disposal of Materials.

The spilling, dumping, or disposal of materials other then stormwater to the municipal separate storm sewer system operated by the Township of Ocean is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.

Exceptions to Subsection 3-20.4.

Waste line flushing and discharges from potable water sources.

Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters).

Air condition condensation (excluding contact and non-contact cooling water).

Irrigation water (including landscape and lawn watering runoff).

Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows.

Residential car washing water, and residential swimming pool discharge.

Sidewalk, driveways and street wash water.

Flows from firefighting activities.

Flows from rinsing the following equipment with clean water:

Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.

Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.

§ 3-20.5 Prohibit Installation of Outlets.

No person owning or leasing a residential, commercial or industrial building or lot shall install or allow sump pump outlets or drainage outlets where the piping or discharge of the same is directed to the gutter of any public street or onto any public or other private property in the Township of Ocean.

All sump or drainage outlets shall be connected directly to the storm drain, if available, or to an auxiliary storm drain, if available. If a storm drain is not available and no safety or health hazards are to be created, the local administration authority may allow the discharge of sump pump water or storm drainage to run into the gutter of a public street.

§ 3-20.6 Divert Waters to Roads Prohibited.

No person shall divert the surface or other waters to Township roads or do any act upon properties abutting Township roads resulting in the spillage of water from the properties to Township roads.

§ 3-20.7 Exception to Provisions of Subsections 3-20.5 and 3-20.6.

The provisions herein contained shall not apply to existing structures in the Township of Ocean prior to the original adoption of section 3-20 "Discharge Water Onto Township Roads." Ordinance 1038 was adopted on March 6, 1978; and Ordinance 1151 was adopted on November 3, 1980.

§ 3-21 PROVIDING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER PROHIBITED.

§ 3-21.1 Hindering Apprehension or Prosecution of Another Individual.

No person shall, with purpose to hinder the apprehension, prosecution, conviction or punishment of another for an offense, provide false information to a law enforcement officer.

§ 3-21.2 Hindering One's Own Apprehension or Prosecution.

No person shall, with the purposes to hinder that person's own apprehension, prosecution, conviction or punishment, provide false information to a law enforcement officer.

§ 3-21.3 Violations; Penalty.

The general penalty provisions set forth in § 3-17 of "The Revised General Ordinances of the Township of Ocean, 1965" are incorporated herein.

§ 3-22 OPERATION OF MOTORIZED VEHICLES UPON PUBLIC AND PRIVATE LANDS PROHIBITED. [1]

RECREATIONAL MOTOR VEHICLE OR MOTORIZED VEHICLE OR MOTOR VEHICLE

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1404.

§ 3-22.1 Purpose.

The use of certain motorized vehicles in an unauthorized fashion on private property creates a nuisance for owners of surrounding properties and the use of certain motorized vehicles in an unauthorized fashion on the Township property causes undue wear and tear on the property, is invasive of public peace and good order, can lead to injuries to members of the public and inhibits the equal opportunity to peaceful use and enjoyment of the property. It is deemed to be in the best interests of the public to strictly regulate operation of certain motorized vehicles on both private property and Township property.

§ 3-22.2 Definitions.

LICENSED DRIVE

Shall mean a person possessing a valid license to operate the type of motor vehicle being driven and issued by the state or county of his/her residence. Learner's permits and provisional licenses shall constitute possession of a valid license providing the terms and conditions of any learner's permit or provisional license are met.

Shall mean all vehicles propelled other than by muscular power, including but not limited to cars, trucks, and any variations thereof, motorized bicycles, mopeds, motorcycles, motor scooters, all-terrain vehicles, go-carts, motorized dirt bikes, dune buggies, tractors, riding lawn mowers, snowmobiles.

REGISTERED MOTOR VEHICLE

Shall mean a motor vehicle validly registered in the state or county in which it is principally garaged.

TOWNSHIP OWNED PROPERTY

Shall mean any real estate or improvements located on real estate, title to which is held by the Township or in which the Township has a possessory interest, including but not limited to easements, rights-of-way and leaseholds. This term shall not be deemed to include public streets or highways because operation thereon is controlled by state statute.

§ 3-22.3 Prohibited Conduct on Private Property.

No person shall use, operate, drive or ride in or upon or permit the use, operation, driving or riding of any type of recreational motor vehicle or motorized vehicle or motor vehicle upon any private property or lot within the Township except if all of the following conditions are met:

The lot is more than four acres in area.

All operation of the recreational vehicle is confined to an area at least 100 feet from a public street or roadway and 100 feet from all adjacent lot lines.

Operation of the recreational vehicle occurs between 9:00 a.m. and 7:00 p.m., Monday through Friday and 10:00 a.m. and 7:00 p.m., Saturday and Sunday.

Exceptions.

Operation of a recreational motor vehicle by a person unable to ambulate without assistance from another person, a cane, crutches, walker, wheelchair or other similar device shall not be deemed a violation of this section when such recreational vehicle is being used for ambulatory assistance.

Operation of a recreational motor vehicle by a person engaged in property maintenance as opposed to recreation such as the mowing of a lawn or the clearance of snow or ice from driveways and walks.

Operation of a registered motor vehicle on any private roadway or driveway by a licensed driver.

§ 3-22.4 Prohibited Conduct on Public Property.

No person shall use, operate, drive or ride in or upon or permit the use, operation, driving or riding upon any motorized vehicle on any Township property except:

A registered motor vehicle which is being operated by a licensed driver in an improved parking lot ("parking lot") or upon an improved roadway ("driveway") providing access to or from a parking lot for the purposes of gaining access to a Township facility. Operating a registered motor vehicle in or upon the parking lot or driveway for any other purpose, including operation for recreational purposes, does not fall within this exception.

A specialized motor vehicle required by a medical condition in order to assist with ambulation.

Motorized vehicles operated by Township employees, agents or by special permission of the Township, as required for property maintenance or construction of Township facilities.

Police, fire, first aid, rescue or military vehicles, or motor vehicles registered to the federal, state, county or local government, while such vehicles are being operated by authorized personnel in the performance of an official duty.

§ 3-22.5 Operation by Minors Prohibited.

No person owning or having custody of a recreational motor vehicle as defined herein, whether registered or unregistered, shall allow the vehicle to be operated in areas prohibited herein by an unlicensed minor.

§ 3-23 DRUG-FREE ZONES.

§ 3-23.1 Drug-free Zone Map Adopted.

In accordance with and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7), the drug-free school zone map dated December 7, 1994 prepared by Schoor & DePalma, Inc. 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; and revised and approved by Resolution October 7, 1998, prepared by William Fitzgerald, PE an official finding and record of the location and areas within 500 feet of any municipality of property on the map to include any public housing facility, public park and public building; and

The drug free map dated March 22, 2006 certified by Schoor & DePalma 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, or within 1,000 feet of such school property.

Public housing facilities owned by or leased to a local housing authority, public parks owned and controlled by a State, county or local government unit, publicly owned or leased library or museum, and of the areas on or within 500 feet of such property.

§ 3-23.2 Location and Boundaries.

The drug-free zone map approved and adopted pursuant to Subsection 3-23.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of the 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;

On or within 500 feet of property owned by or leased to a local housing authority which is used as a public housing facility, property owned and controlled by a State, county or local government unit which is used as a public park or publicly owned or leased public building; until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free zones by the Township Engineer on the request of the Township Manager or Police Chief.

§ 3-23.3 Changes in Location and Boundaries.

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 Township Manager and the Township Police Chief 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 which is used for school purposes.

§ 3-23.4 Map on File.

The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-23.1 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.

§ 3-23.5 Additional Matters.

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to Subsection 3-23.1 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:

The location of elementary and secondary schools within the municipality;

The boundaries of the real property which is owned by or leased to such schools or a school board;

That such school property is and continues to be used for school purposes;

The location and boundaries of areas which are on or within 1,000 feet of such school property;

The location of public housing facilities owned by or leased to a local housing authority;

The location of public parks owned and controlled by a State, county or local government unit;

The location of a publicly owned or leased library or museum;

The location and boundaries or areas which are in, on or within 500 feet of such public housing facilities, public parks, or public library or public museum.

Except as is otherwise expressly noted on the face of the approved and adopted map, 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).

Pursuant to the provisions of L. 1988, c.44 and L. 1988, 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 3-23.1. 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 or is a public park owned and controlled by a State, county or local government unit or is a public housing facility owned by or leased to a local housing authority or is a publicly owned or leased library or museum, 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 or is not a public park owned and controlled by a State, county or local government unit or is not a public housing facility owned by or leased to a local housing authority or is not a publicly owned or leased library or museum.

All of the requirements set forth in L. 1988, c. 44, L. 1992, c. 79, L. 1997, c. 327, and L. 1999 c. 334 concerning the preparation, approval and adoption of a drug-free zone map have been complied with.

§ 3-24 WATER EMERGENCY.

§ 3-24.1 Declaration of Water Emergency.

Whenever the emergency management coordinator or in his absence, the Township Manager, shall be satisfied and finds that a water emergency exists in the Township of Ocean, he/she may issue an order declaring that a water emergency exists in the municipality. Said order shall identify that portion of the Township of Ocean affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in Subsection 3-24.2 of this section is being imposed as well as any exemptions as may be authorized. Said order shall be effective immediately upon publication according to law and shall continue in effect for no more than 90 days, unless extended or repealed as set forth in Subsection 3-24.3 of this section. Any order issued may be ratified, modified or repealed by the Township Council of the Township of Ocean at its next Council meeting upon issuance of an order. For the purpose of this Subsection, a water emergency shall exist if, for any of the following reasons:

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

The emergency management coordinator or in his absence, the Township Manager, is otherwise satisfied that a water emergency exists in the municipality.

§ 3-24.2 Water Use Restrictions.

Upon publication of an order declaring that a water emergency exists in the Township of Ocean in accordance with Subsection 3-24.1 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 in the order during the water emergency:

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

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 thirty-first day of any month during the water emergency and prohibited on the Friday, Saturday, Sunday and Monday of Memorial Day, July 4 and Labor Day weekends and on July 4; or

Any other water use restriction specified by the emergency management coordinator or in his absence, the Township Manager, in the order required by Subsection 3-24.1 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 order of the emergency management coordinator or in his absence, the Township Manager, issued in accordance with Subsection 3-24.1 of this section.

§ 3-24.3 Duration of Water Use Restrictions.

The order of the emergency management coordinator or in his absence, the Township Manager, required by Subsection 3-24.1 of this section shall, in addition to complying with Subsection 3-24.1, 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 order, the water use restriction shall lapse and be inapplicable and unenforceable. If the emergency management coordinator or in his absence, the Township Manager, shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the order, he/she shall rescind the order thereby nullifying the water emergency and making the water use restrictions inapplicable. If, at the expiration of the time period specified in the order, the emergency management coordinator or in his absence, the Township Manager, shall be satisfied that the water emergency continues to exist, it may issue an order in accordance with the requirements of this section continuing the water use restrictions.

§ 3-24.4 Modification of Water Use Restrictions.

The extent of restrictions or the portion of the Township impacted may be modified to a lesser or greater extent at the discretion of the emergency management coordinator or in his absence, the Township Manager. Any modification of an order shall be issued in accordance with Subsection 3-24.1 of this section.

§ 3-24.5 Enforcement of Water Use Restrictions.

The water use restrictions imposed pursuant to this ordinance shall be enforced during a water emergency by any sworn police officer or health department official. Whenever any 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 3-24.6 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 officials are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.

§ 3-24.6 Penalties and Remedies.

After a first offense in accordance with Subsection 3-24.5 of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this ordinance shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days or by a period of community service not exceeding 45 days or any combination thereof. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days or by a period of community service not exceeding 90 days or any combination thereof. Every day that a violation of this section continues may be considered a separate violation. In addition, nothing contained herein shall preclude the municipality from seeking injunction relief which is hereby authorized as an additional remedy.

§ 3-25 MOTELS.

§ 3-25.1 Definitions.

BUSINESS OF CONDUCTING TOURIST LODGES OR MOTELS

Shall mean the renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping or housing accommodations, for a consideration, to tourists, transient's or travelers in any building or structure or group of buildings or structures, devoted exclusively or primarily to said business, commonly known as "tourist lodges", "motels", "tourist cabins", "motor lodges", "motor courts", "tourists courts" or "tourist camps".

HOUSING OR LODGING UNIT

Shall mean any room cabin or quarters, whether or not physically attached to or connected with any other building or structure, used for the sleeping or housing accommodations in the business of conducting tourist lodges.

PERSON

Shall mean any person, individual, firm, association, partnership or corporation.

§ 3-25.2 Cooking Facilities Prohibited; Exceptions.

No cooking facilities of any kind shall be constructed, installed, placed or used in any tourist lodge or motel within the Township of Ocean; nor shall any food be prepared, cooked or made suitable for human consumption on or about any such tourist lodge or motel; nor shall the preparation, cooking or making suitable for human consumption of food on or about or in such tourist lodge or motel be permitted by the owners, managers, lessees, operators or licensees thereof, except for a restaurant operating as such exclusively for the preparation and serving of food, and except for one superintendent's or manager's apartment containing not less than two rooms.

§ 3-25.3 Register to Be Maintained; Regulations.

Each operator shall at all times cause to be maintained on the premises a register, consisting of consecutively numbered cards, which shall constitute the register of the premises. Said register shall be preserved for five years upon the premises.

No person shall occupy and no operator shall permit any person to occupy any housing or lodging unit on the premises, unless each person or head of the party who is to occupy such housing unit shall first:

Display to a duly authorized agent or employee of the motel in charge of the register written evidence of his or her identity and residence including one government issued photo identification or not less than two forms of identification. The form of identification that was produced should be recorded as well as any information from the identification that differs from the identification supplied by said person renting the room.

Write in the register immediately following the preceding registration, in ink, and in his or her own handwriting, his or her full legal name, both first and last, and a current home address including the home, apartment number, street, town and state.

If the person registering, or any member of his party registering owns a vehicle, it is the responsibility of the operator or his duly authorized agent to obtain a full description of said vehicle accompanying said person to include the make, model, color, license plate number and state of registration.

If the registrant does not write in the register the information herein required as to the motor vehicle, it shall be the duty of the operator or his duly authorized employee to write in said information.

In addition to the foregoing information, the operator shall cause to be written into the register, in ink, the number or name of the housing or lodging unit assigned to each registrant, the date and hour of registration, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each housing or lodging unit quit and surrender the same.

Said register shall be kept and preserved by the operator and shall be available on request at any hour of the day or night to any police officer of the Township of Ocean, or to any duly authorized agent of the governing body of the Township of Ocean.

§ 3-25.4 Duty of Police Department to Enforce Provisions.

It shall be the duty of the Police Department of the Township of Ocean to fully enforce all of the provisions of this section.

§ 3-25.5 Violations and Penalties.

[Ord. 1552, § 1; Ord. No. 2014-2217]

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

§ 3-26 SALES OF TOBACCO TO MINORS AND LOCATIONS OF CIGARETTE VENDING MACHINES.

§ 3-26.1 Definitions.

ENFORCEMENT OFFICER

Shall mean the administrative officer of the Township of Ocean Division of Health, and/or his or her authorized representatives as well as any sworn Township of Ocean police officer.

LICENSED PREMISES

Shall mean any place licensed by the State of New Jersey to primarily sell at retail beer, wine, mixed spirits for consumption on the premises.

PERSON

Shall mean an individual, partnership cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

SELF-SERVICE DISPLAYS

Shall mean any racks, stands or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.

TOBACCO

Shall mean any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

TOBACCO RETAILER

Shall mean any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use, and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.

VENDING MACHINE

Shall mean any automated, self-service device which, upon insertion of money, tokens or any other form of payments, dispenses cigarettes or other tobacco products.

VENDING MACHINE LOCATION

Shall mean the room, enclosure, space or area where a tobacco vending machine is installed and operated.

§ 3-26.2 Prohibition of Tobacco Sales to Minors.

It shall be unlawful for anyone including a tobacco retailer to sell, give or permit to be sold or given to a person under 18 years of age, tobacco in any form.

§ 3-26.3 Identification Required.

It shall be unlawful for a tobacco retailer to sell or permit tobacco products to be sold to any individual under the age of 18 years, unless the seller has a reasonable basis for determining that the buyer is of legal age (18 or over).

§ 3-26.4 Prohibition of Sales of Tobacco Products by Minors.

It shall be unlawful for any tobacco retailer to allow, suffer or permit the sale of tobacco products on his or her premises by any person under the age of 18 years.

§ 3-26.5 Restriction of Tobacco Vending Machines and Sales.

It shall be unlawful for a tobacco retailer to offer for sale or to sell any tobacco product through a vending machine in this municipality, except in the following instances:

Any premises such as a factory, business, office or industrial plant or other place where the public is generally not given access and where such machines are intended for the use of employees 18 years of age or older or other adults, the tobacco vending machine in each premises is:

Located within the immediate vicinity of, or in plain view of, and under the control of, a responsible employee of 18 years of age or older, and

Not located in a coat room, restroom, waiting area, or similar unmonitored area, and is inaccessible to the public when the establishment is closed.

In all other instances, locations and places, a tobacco vending machine shall be permitted to operate only if:

The operation of the machine to vend tobacco products is possible only by the activation of an electronic switch or other device, which is controlled by the proprietor or employee at or over the age of 18, and only after the proprietor or employee has made the reasonable determination that the person wishing to use the tobacco vending machine is 18 years of age or older.

Located within the immediate vicinity of, or in plain view of, and under the control of, a responsible employee of 18 years of age or older, and

Not located in a coat room, restroom, waiting area, or similar unmonitored area, and is inaccessible to the public when the establishment is closed.

§ 3-26.6 Tampering With Machines or Devices.

It shall be unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine, in a location where Subsection 3-26.5 of this section provides for a vending machine to be so equipped.

§ 3-26.7 Penalties.

Any person, either acting directly or indirectly through an agent, who sells or offers for sale, gives away, delivers or otherwise furnishes to a person under the age of 18 years any tobacco or tobacco product, in any form, including smokeless tobacco or any other matter or substance which can be smoked, either from a vending machine or by retail counter sales shall be subject to the general penalty provision of the codified revised general ordinances of the Township of Ocean and/or any penalties prescribed by State statute.

Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of the violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1, et seq.). Process shall be in the nature of a Summons or Warrant and shall be issued by the local Division of Health or the municipal law enforcement authority.

An enforcement officer, after giving proper identification, may inspect any matter, thing, premises, or place as may be necessary for the proper enforcement hereof.

It shall be unlawful for any person to oppose or otherwise obstruct an enforcement officer in the performance of duties hereunder.

§ 3-26.8 Seizure of Unauthorized Tobacco Vending Machines.

A tobacco vending machine which is not permitted under this section, may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure. As an alternative or in addition, the provision of this section, any person licensed as a retail dealer under the "Cigarette Tax Act" (N.J.S.A. 54-40A-1, et seq.), for each unauthorized tobacco vending machine remaining at the prescribed location after the effective date of this act may be fined in accordance with Subsection 3-26.7 of this section.

§ 3-26.9 Prohibition of Self-service Tobacco Displays and Sale of Rolling Papers.

It shall be unlawful for any tobacco retailer to provide for self-service displays in any retail establishment in the Township of Ocean. The sale of rolling papers in any form and in any quantity to any person under the age of 18 years is further prohibited. All self-service tobacco displays made unlawful by the terms of this section shall be removed within 30 days of the effective date of this subsection.

§ 3-26.10 Violations and Penalties.

[Ord. No. 1965; Ord. No. 2014-2217]

Any person violating any of the provisions of Subsection 3-26.9 shall upon conviction pay a fine of a minimum of $100 and a maximum of $2,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days, or any combination thereof.

Each sale of rolling papers to a minor shall constitute a separate violation. Each day that a self-service tobacco display remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.

A self-service tobacco display which is not permitted under this section, may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. (See also Subsection 3-26.8)

§ 3-27 SEASONAL RENTALS.

§ 3-27.1 Legislative Findings.

The Mayor and Council finds, determines and declares that N.J.S.A. 40:48-2.12(n) et seq. was enacted by the Legislature of the State of New Jersey to enable certain communities to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords offering seasonal rentals be held to sufficient standards of responsibility.

N.J.S.A. 40:48-2.12 et seq. addresses primarily resort communities that have an increased population during the summer months which results in year round citizens experiencing disturbances, damage, and public expense resulting from carelessly granted and inadequately supervised seasonal rentals to irresponsible vacationers by inept or indifferent landlords.

The Mayor and Council finds that the Township of Ocean has a similar problem with short tenancies, usually less than one year, throughout the Township.

The Mayor and Council enacts this section to preserve the peace and tranquility of their community for its permanent residents and to maintain the Township as a viable area for all persons and families availing themselves and living in this community.

The enactment of this section is necessary and desirable to provide a means to curb and discourage those occasional excesses arising from irresponsible seasonal rentals.

§ 3-27.2 Definitions.

For the purpose of this section, the following meanings shall apply:

HEARING OFFICER

Shall mean a licensed attorney of the State of New Jersey appointed by the Mayor, subject to the advice and consent of the Township Council. The hearing officer shall not own or lease any real property within the Township of Ocean, nor hold any interest in the assets of or profits arising from the ownership of such property.

LANDLORD

Shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to any building subject to the "Hotel and Multiple Dwelling Law," P.L. 1967, c76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied two unit premises.

SEASONAL RENTAL

Shall mean any rental of residential accommodations for a term of less than one year and including any part of the period extending from May 15th to September 15th.

SUBSTANTIATED COMPLAINT

Shall mean an act of disorderly, indecent, tumultuous or riotous conduct, including by way of example but not limited to, simple assault, assault, terroristic threats, harassment, urinating in public, lewdness, criminal mischief, or excessive noise, upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises which have been substantiated by prosecution and conviction in any court of competent jurisdiction.

§ 3-27.3 Hearing, Penalty.

If in any twelve-month period, two substantiated complaints, as defined in Subsection 3-27.2, or separate occasions, of disorderly, indecent, tumultuous or riotous conduct, including by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, or excessive noise, upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Township Council or any officer or employee of the Township of Ocean so designated by the Township Council for this purpose, may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.

The Township Council or any officer or employee of the municipality designated by the Township Council shall cause to be served upon the landlord, in person or by registered mail, to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated complaint upon which those proceedings are based, and the time and place at which the hearing will be held in the matter, which shall be in the municipal building, municipal court or such other public place as designated by the Township Council, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.

At the hearing convened pursuant to Subsection b above, the hearing officer shall give full evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.

Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicted in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:

Damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet enjoyment of their premises; and

Securing the payment of fines and penalties likely to be levied for such offenses; and

Compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; provided however, no such bond shall be in an amount less than $500 nor more than $5,000. The municipality may enforce a bond thus requiring by action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality.

Any bond or other security deposited in compliance with Subsection d above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 3-27.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security shall be subject to injunctive proceedings as authorized by Subsection d above, in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Township Council may, by resolution, shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.

§ 3-27.4 Bond Forfeiture, Extension.

If during the period for which a landlord is required to give security pursuant to Subsection 3-27.3 above, a substantiated complaint is recorded against the property in question. The Township Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in Subsection 3-27.3e above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.

Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Subsection 3-27.3d above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection 3-27.3d, above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated that appropriateness of such change in order to effectually carry out the purposes of this ordinance. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection 3-27.3d above.

§ 3-27.5 Hearing Officer, Qualifications.

The hearing officer shall be a person or persons appointed by the Mayor, subject to the advice and consent of the Township Council. A hearing officer shall not own or lease any real property within the Township of Ocean, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.

§ 3-28 TRAFFIC CONTROLS FOR STREETS AND HIGHWAYS CONSTRUCTION AND MAINTENANCE OPERATIONS.

§ 3-28.1 Adoption of Manual on Uniform Traffic Control Devices for Streets and Highways.

The Township Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations, and utility work, above or below ground which requires blocking the roadway and obstructing the normal flow of traffic; and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work forces performing these operations.

The Township of Ocean in the County of Monmouth, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as the M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor, or utility, who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.

§ 3-28.2 Pre-construction Meetings.

It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, Section 16:25-9.2, wishing to conduct work on, under or above the roadway to contact the traffic bureau of the Township Police Department in order to arrange a pre-construction meeting in order to submit traffic control plans for the safe movement of traffic during such period of construction of work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by traffic bureau of the Township Police Department is in violation of this section. The preconstruction meeting requirement may be waived by the Township after review of any submitted plans by any person, contractor or public utility.

§ 3-28.3 Hazardous Conditions.

The person, contractor or utility shall provide the traffic bureau with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If for any reason emergency contacts cannot be reached, or if the emergency contact person does not respond to a call from the Police Department to correct a hazardous condition, the municipality may respond to correct such hazardous condition. The reasonable fees for such emergency services by the municipality shall be charged to the person, contractor or utility responsible for such condition.

§ 3-28.4 Hours.

There shall be no construction, maintenance operations or utility work on any roadway in the municipality before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the traffic bureau of the Township of Ocean Police Department. If it is determined by the officer in charge that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. to 4:00 p.m.

§ 3-28.5 Road Closings and Detours.

Road closings and/or traffic detours shall not be permitted unless approved by the Township of Ocean Police Department Traffic Bureau.

§ 3-28.6 Traffic Directors.

Traffic directors shall be posted at all construction or maintenance sites when determined by the Township Police Department traffic bureau that same is necessary to provide for the safety and expeditious movement of traffic.

§ 3-28.7 Stop Work.

The Township of Ocean Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or other related work, in order to abate any nuisance, traffic delay and/or safety hazard or for any violation of this section.

§ 3-28.8 Site Preparation.

It is to be expressly understood that no materials, vehicle or equipment are to be placed in the roadway or sidewalk until all construction, signs, lights, devices and pavement markings are installed.

§ 3-28.9 Emergency Repair Work.

In the case of emergency repair work where construction, maintenance operations or emergency utility work must be performed that will obstruct, interfere or detour traffic on any roadway in the Township, the person, contractor or utility performing such operation shall notify the Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation. All emergency construction and maintenance operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. During such emergency repair work the person, contractor or utility shall comply with the provisions of the MUTCD while performing such emergency road work.

§ 3-28.10 Violations and Penalties.

The general penalty provisions set forth in § 3-17 of "The Revised General Ordinances of the Township of Ocean, 1965" are incorporated herein.

§ 3-29 PUBLIC NUISANCES.

§ 3-29.1 Unlawful Acts.

It shall be unlawful, and shall be a public nuisance, for any person:

To make any indecent exposure or indecent exhibitionism of any kind in or upon any street, road, highway, park, alley or lane, public or private in the Township;

To engage within the Township in any practice having a tendency to annoy persons passing on the streets or sidewalks, while sitting or standing on porches or lawns or yards facing the streets or sidewalks by the making of indecent gestures or acts;

To make any indecent exposure of his or her private parts, or engage in any lewd or indecent act or behavior;

To urinate or defecate in public places or streets, or on the lawns or yards of private homes and residences or in public view;

To bring, consume or possess an open container of alcoholic beverage, malt alcoholic beverage or wine in any public place within the Township other than those public places covered by an alcoholic beverage consumption license issued pursuant to Title 33 of the New Jersey Statutes or where consumption of malt alcohol or wine is permitted by N.J.S.A. 2C:33-27 as may be amended and supplemented.

§ 3-29.2 Violations and Penalties.

The general penalty provisions set forth in section 3-17 of "The Revised General Ordinances of the Township of Ocean, 1965" are incorporated herein.

§ 3-30 JUVENILE TRUANCY RESTRICTIONS.

§ 3-30.1 Definitions.

GUARDIAN

Shall mean a person, other than a parent, to whom legal custody of a 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;

JUVENILE

Shall mean an individual who is under the age of 18 years;

PUBLIC PLACE

Shall mean any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.

§ 3-30.2 Juvenile Truancy Restrictions.

It shall be unlawful for a juvenile of any age under 18 years to be in any public place during the hours when the juvenile is required to be in attendance at either a public or non-public school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.

§ 3-30.3 Penalties.

[Ord. No. 2024 § 3; Ord. No. 2014-2217]

Any juvenile or juvenile's parents found guilty of a violation of Subsection 3-30.2 of this section shall be required to perform community service, with the amount of such community service to be determined in the discretion of the court, and may be subject to a fine of up to $2,000. If both a juvenile and the juvenile's parent or guardian, violate this section, they (i.e. juvenile and parent(s)/guardian(s)) shall be required to perform community service together.

§ 3-31 MASSAGE ESTABLISHMENT. [1]