[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]
[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:
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.
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.
Shall mean a public disturbance involving:
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
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]
[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:
Shall mean a person who has qualified as a guardian of the
underaged person pursuant to testamentary or court appointment.
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.
[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; amended 8-16-2021 by Ord. No. 2021-09]
No person shall smoke or consume any products, which include
but are not limited to, cigarettes, pipes, cigars, cannabis items,
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.
