Borough of Fair Haven, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 495 § 2]
a. 
Construction Noise. No construction noise, including but not limited to excavation, demolition, construction, repair or alteration work, shall be permitted between the hours of sunset until 8:00 a.m. on weekdays, and between the hours of sunset to 9:00 a.m. on weekends.
b. 
Lawn Maintenance Equipment. Operation of power driven lawn maintenance equipment and leaf blowers shall be prohibited weekdays between the hours of sunset until 8:00 a.m., and between the hours of sunset to 9:00 a.m. on weekends.
c. 
Hours and Signaling Devices on Vehicles. The sounding of a horn or signaling device on an automobile motorcycle, but or other vehicle, is prohibited except when required by law, or when necessary to give timely warning of impending danger. No person shall sound a horn or signaling device on an automobile, motorcycle, bus or other vehicle, or allow an automobile alarm, which emits an unreasonably loud or harsh sound, for an unnecessary or unreasonable period of time. The use of any whistle, or other device operated by engine exhaust is prohibited.
d. 
Radios, CD Players, Live Bands. The playing, use or operation of a radio receiving set, television, musical instrument, or instruments (including a live band), device used to play back recorded music, CD player, stereo, phonograph or other machine or device for the producing or reproducing of sound, is prohibited when played in such a manner as to (1) disturb the peace, quiet, and comfort of others, of (2) with louder volume than is reasonably necessary for the convenient hearing of persons who are in the room, or (3) which distracts or is likely to distract the operator of a motor vehicle, or chamber in which the machine or device is operated and who are voluntary listeners thereto. The operation of any such set, television, musical instrument, or instruments (including a live band), CD player, stereo, phonograph, or other machine between the hours of 10:00 p.m. and 7:30 a.m., from Sunday through Thursday, and between midnight and 7:30 a.m. on Friday and Saturday, so that it clearly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
e. 
Whistles. The blowing of any whistle is prohibited, except as a warning of fire danger, or in a refereed sporting event, or upon the request of proper Borough authorities, or as may be required by general law or ordinance.
[Ord. No. 495 § 2]
For any violation of this section, the responsible party shall be fined, upon conviction, no less than $50, payable to the Borough of Fair Haven. If any subsequent violations occur at the same residential or business location; or by the same individual(s), group or entity within a twelve-month period form the initial violation, the responsible party shall be fined, upon conviction, a penalty of $99 per occurrence, payable to the Borough of Fair Haven.
[2002 Code § 9.12.100]
No person shall throw, put, place or cause to be thrown, put or placed, into, upon or within any public street, any article or material whatsoever, whereby the safe, free and unobstructed use of the same by the public may in anywise be impeded or interfered with.
[2002 Code §§ 9.12.070, 9.12.110]
a. 
No person shall put, deposit, or leave or cause to be put, deposited or left, any paper, advertising matter, circulars, rubbish, refuse, grass clippings, trees or limbs of trees, or other material in or upon any of the public streets, or public places or without the express consent of the owner upon any private property not his own within the Borough.
b. 
No person shall throw or discard any tin cans, bottles, garbage, or refuse of any kind whatsoever on any street, highway, thoroughfare, sidewalk, building or any other public or quasi-public place, or upon any private property not his own.
[2002 Code § 9.12.060]
No person shall throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever into the water of any pond, stream, or lake, or into waters adjacent thereto, or discharge any sewage or waste into the waters or pollute the waters in any manner whatsoever.
[2002 Code § 9.12.050]
No person shall erect or place any sign, encroachment or other obstruction within the limits of any sidewalk, street, alley, public place or quasi-public place in the Borough without first obtaining permission from the Chief of Police or the Borough Clerk.
[2002 Code § 9.12.010]
No person shall damage, befoul, commit a nuisance or disturb public property or the property of another so as to create a hazardous, unhealthy, or physically offense condition.
[2002 Code § 9.12.020]
No person shall maliciously destroy, damage or injure any person or property.
[2002 Code § 9.12.140]
No person shall break, injure or destroy any lamp post or appurtenance thereon standing in any public street or place.
[2002 Code § 9.12.170]
No person shall negligently or willfully break, inure or destroy any curb, bridge, stone or flagging, set, laid or fixed in any public street in this Borough.
[2002 Code § 9.12.030; New]
No person shall park or operate a motorcycle, motorbike or other motor vehicle upon any sidewalk, foot path or pathway designated as a walkway.
[2002 Code § 9.12.040]
No person shall play at or practice any game of ball or shall kick, pitch or throw any ball or missile in, upon or over any public street, highway, thoroughfare or sidewalk within the limits of the Borough.
[2002 Code § 9.12.080]
No person except store owners and their employees shall operate or use any store owned wire cart commonly known as shopping carts, on the streets of the Borough or at a distance of more than 100 feet from property of any store, shop or supermarket from which the cart is obtained.
[2002 Code § 9.12.080]
It shall be the responsibility of any store, shop or supermarket owning or furnishing such shopping carts for use by its customers to retrieve the carts and return them to its own premises within eight hours after notification by a Police Officer that the same are in a location off the premises of the store, shop or supermarket where the same may be lawfully obtained. Failure to retrieve and return such shopping carts shall constitute a violation of this section.
[2002 Code § 9.12.180]
No person shall detain or fail to return any book or article borrowed from the public library of the Borough contrary to the rules and regulations of the public library after 15 days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to the person at the last address furnished to the library.
[2002 Code § 9.12.190]
No person shall willfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article, or any part thereof, which is owned by or is in the custody of the library.
[2002 Code § 9.12.200]
No person with intent to defraud shall register or furnish a false name or address, or use any card other than the one issued to the person, for the purpose of borrowing any book or article from the library.
[2002 Code § 9.12.210]
Every person convicted of a violation of any provision of this section or any supplement or amendment thereto shall be liable to the penalty stated in Chapter 1, Section 1-5.
[2002 Code § 8.16.010]
No person shall park, leave or store any inoperable motor vehicle on any public lands or premises except in case of emergency and then for a period of not more than 48 hours.
[2002 Code § 8.16.020]
No person shall park, leave, store or maintain any inoperable motor vehicle for a period of not more than 30 days upon any private lands or premises.
[2002 Code § 8.16.030]
No owner or occupier of any private lands or premises shall permit or suffer any abandoned or inoperable motor vehicle to be parked, left, stored or maintained on his or her lands or premises for more than 30 days.
[2002 Code § 8.16.040]
This section shall not apply to lawfully operated junk yards, or to motor vehicles located or stored in garages or other buildings.
[2002 Code § 8.16.050]
The imposition of a penalty, for any violation of this section shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations. If the violations are not corrected or remedied, than each 10 days thereafter that the prohibited conditions are maintained shall constitute a separate offense hereunder.
[2002 Code § 9.04.010]
No person shall give or cause to be given any false alarm of fires in the Borough. No person shall intermeddle with, injure or destroy, any of the property appertaining to or belonging to the Fire Company or fire alarm system or belonging to the Borough.
[2002 Code § 9.04.020]
No person shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or shall in any manner willfully damage, deface or injure any hose or other apparatus at any time.
[2002 Code § 9.04.030]
No person shall obstruct, either singly or together with other persons, the flow of vehicular or pedestrian traffic or refuse to clear such public way when ordered to do so by the Borough Police or other lawful authority.
[2002 Code § 9.04.040]
No person shall resist or obstruct the performance of duties by Police or any other authorized official of the Borough.
[2002 Code § 9.04.050]
No person shall address abusive language or threats to any member of the Borough Police Department, any other authorized official of the Borough who is engaged in the lawful performance of his duties, or any other person when such words have a direct tendency to cause acts of violence.
[2002 Code § 9.04.060]
No person shall fail to obey a lawful order to disperse by a Police Office, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened.
[2002 Code § 9.04.070]
No persons shall knowingly or willfully give any false alarm of fire or cause the same to be given within the limits of the Borough, nor shall any person knowingly or willfully give any false or fictitious report to any Police Officer.
[2002 Code § 9.04.080]
No persons shall intentionally, willfully or maliciously destroy or injure any machine, bell, siren apparatus, fire hydrant or other equipment or facility of any Fire Company, First Aid Squad or Police Department, nor shall any person within the limits of the Borough during an alarm of fire, hinder, prevent or deter by any device whatsoever, any fireman, Police Officer from rendering lawful assistance in abating or quelling such fire, or from the place where any property or other property is on fire. No person shall hinder or obstruct the passage of any fire apparatus, first aid ambulance, or police car in going to and from the place which an alarm or fire existed, or where any building or other property may be on fire.
[2002 Code § 9.08.010]
As used in this section:
INCITE A RIOT
Shall mean but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written, a. advocacy of ideas or b. expression of belief, not involving advocacy of any act of violence or assertion of the rightness of, or the right to commit, any such act to acts.
PUBLIC PEACE
Shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas, or parks.
RIOT
Shall mean a public disturbance involving:
a. 
An act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or
b. 
A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
[2002 Code § 9.08.020]
No person shall commit an act in a violent and tumultuous manner toward another whereby that other person is placed in danger of his life, limb or health.
[2002 Code § 9.08.030]
Any of the following persons shall be deemed guilty of an offense:
a. 
Any person who unlawfully fights in a public place or challenges another person in a public place to fight;
b. 
Any person who maliciously and willfully disturbs another person by loud and unreasonable noise;
c. 
Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction;
d. 
Any person who intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
e. 
Any person who intentionally obstructs vehicular or pedestrian traffic without lawful authority.
[2002 Code § 9.08.040]
No person shall commit an act in a violent and tumultuous manner toward another whereby the person or property of any person is placed in danger of being destroyed or damaged.
[2002 Code § 9.08.050]
No person shall cause, provoke or endanger in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another.
[2002 Code § 9.08.060]
No person shall disrobe in any automobile, truck or other vehicle while the same is upon any public parking place, street or thoroughfare, or in any public place unless proper facilities are provided for that purpose.
[2002 Code § 9.08.090]
No person shall, upon private property not his own, pry into the privacy or security of the person or persons then and there being in or upon such private property by peeping or any other sly or furtive method of spying upon or watching or keeping under observation the person or persons occupying such private property.
No person shall trespass upon private property and surreptitiously invade the privacy of another by peering into the windows or other openings of dwelling places located thereon except for a lawful purpose.
[2002 Code § 9.08.100]
No person shall fire or discharge within the limits of the Borough any gun, rifle, pistol or other firearm of whatsoever name of description.
[2002 Code § 9.08.080]
No person shall set up, keep or maintain or permit to be set up, kept or maintained in any house or premises occupied by him, or others, any faro table, faro bank, roulette wheel, lottery or other device or game of chance or hazard for the purpose of gaming, or any cock pit or other place for the exhibition of birds or animals in fight.
[2002 Code § 5.04.190]
There shall be no open consumption of any alcoholic beverages on public property within the Borough (unless authorized by the Governing Body), or on private property without consent of the owner of the property or the person, over the age of 21 years, in possession or control of the property.
[2002 Code § 5.04.200]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: See also Section 6-6, Persons Under the Legal Age.
[2002 Code § 9.08.110A]
The purpose of this section is to provide for the enforcement of N.J.S.A. 40:48-1.2.
[2002 Code § 9.08.110B]
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 other related by blood or affinity.
[2002 Code § 9.08.110C]
Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverages on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. 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 the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles 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 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 N.J.S.A. 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 N.J.S.A. 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 privilege 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.
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 are 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 institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted or unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[2002 Code § 9.16.010]
In accordance with N.J.S.A. 2C:35-7, the drug-free school zone map produced on or about November 5, 1987 by the Municipal Engineer, is 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.
[2002 Code § 9.16.020]
The drug-free school zone map approved and adopted pursuant to subsection 3-22.1 shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or School Board which is used for school purposes.
[2002 Code § 9.16.030]
The School Board is directed and shall have the continuing obligation to promptly notify the Borough of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or School Board and which is used for school purposes.
[2002 Code § 9.16.040]
The Clerk is directed to keep on file the original of the map approved and adopted pursuant to subsection 3-22.1 and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file.
[2002 Code § 9.16.050]
The following additional matters determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to subsection 3-22.1 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a School Board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
All of the property depicted on the map approved and adopted herein as school property is owned by (or leased to) a school or School Board and is being used for school.
c. 
The 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 3-22.1. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or School Board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is now owned by or leased to a School Board, or that such property is not used for school purposes.
d. 
All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
[Ord. No. 7-24-06(a); New]
a. 
Sex Offender Residency Prohibition; 1,000 Feet. It shall be unlawful for any person subject to the registration requirements set forth in N.J.S.A. 2C:7-1 et seq. (hereafter "Sex Offender"), to reside within 1,000 feet of any public or private primary and/or secondary school or educational facility, park, playground or childcare facility (hereafter "Prohibited Area") within the Borough as delineated on the then approved Borough of Fair Haven Drug-Free School Zone Map, pursuant to Section 3-22.
b. 
A Sex Offender who resides within any Prohibited Area established pursuant to the provisions of this section shall have 60 days from the effective date of this section and the term of which is not longer than one year, whichever is later, to relocate outside the Prohibited Area. Failure to move to a location which is in compliance with this section within the prescribed time period shall constitute a violation of this section.
c. 
The provisions of this section shall not apply to any Sex Offender who has purchased property to be used as his/her primary residence which is located within the Prohibited Area prior to the effective date of this section.
d. 
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[2002 Code § 9.20.010; Ord. No. 2018-20]
Upon October 30 and October 31, popularly known and designated as "Mischief Night" and "Halloween Eve" in each year, it is unlawful:
a. 
For any person to engage or participate in so-called "trick or treat" activities, parades or other Halloween celebrations upon any public street, park or other publicly owned property or upon any property not their own and not the property of such person's parent or guardian in the Borough except upon October 31, and before the hour of 8:00 p.m. and Halloween Eve (October 30th) before the hour of 6:00 p.m.
b. 
For any person under the age of 18 years to appear or be upon any public street, park or other publicly owned property not their own or not the property of their parent or guardian after 8:00 p.m. unless accompanied by the parent or guardian.
c. 
For any person under the age of 18 years to drive or operate a motor vehicle upon any public street or highway or upon any private property not their own or not the property of their parent or guardian after 6:00 p.m. on Mischief Night, October 30, in the Borough unless such person can clearly state and explain his starting point, route, destination and the purpose for which he is driving or operating such vehicle to any inquiring officer charged with the enforcement of the law or unless accompanied by a parent, guardian or other responsible adult.
d. 
For any person over the age of 14 years to wear any false face or mask for the purpose of eluding or evading officers properly charged with the enforcement of the law or for the purpose of concealing his identity, provided, however, that this provision shall not apply to a person actually participating in a parade or celebration sanctioned by and under the supervision of the Recreation Commission of the Borough.
e. 
For any person to sell eggs, pressurized spray cans of any content, such as paint, shaving cream or dangerous or flammable liquid or material, to any person under the age of 18 years unless such person gives to the seller a reasonable explanation of his intended use or consumption of such materials.
[2002 Code § 9.20.020]
Any instrument, weapon, tool, device, product, material, liquid or other thing or things possessed or used by juveniles or minors for the purpose of causing property damage or malicious mischief may and shall be confiscated by any Police Officer and turned over to the Chief of Police.
[2002 Code § 9.20.030]
Juveniles apprehended and charged with violation of this section may be detained by the Police Department at Police Headquarters or other suitable place until the arrival of their parents or guardians, provided, however, that the Police Department shall notify such parents or guardians of such detention as promptly as reasonably possible.
[2002 Code § 9.20.040]
Any person who violates any provision of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, Section 1-5, provided however, that if such person is a juvenile he or she shall be subject to such penalty as the Juvenile Conference Committee or Juvenile Court, as the case may be, may see fit to impose consistent with the powers conferred by law upon the Juvenile Conference Committee and the Juvenile Court.
[Ord. No. 2013-23; Ord. No. 2018-18]
No person shall smoke any products, which include but are not limited to, cigarettes, pipes, cigars, etc. in any municipality owned building, public park, sanctuary or recreation area.
[Ord. No. 2013-23; Ord. No. 2018-18]
For any violation of this Section, the responsible party shall be fined, upon conviction, the sum of $25 for the first offense and $50 for every offense thereafter, payable to the Borough of Fair Haven.