Editor's Note: The general power of a government to adopt
ordinances for the protection of life, health, property and general
welfare is contained in N.J.S.A. 40:72-3. The general "home rule"
ordinance power for all municipalities is contained in N.J.S.A. 40:48-2.
In addition, specific power to regulate loitering and noise is contained
in N.J.S.A. 40:48-1. The power to compel the removal of weeds and
provide for the recovery of costs is contained in N.J.S.A. 40:65-12.
The power to compel an owner to perform work on his/her property is
contained in N.J.S.A. 40:48.3. The maximum penalty which may be imposed
for violation of an ordinance is contained in N.J.S.A. 40:69A.
[1966 Code § 3-1.1; Ord. No. 1991-1 § 16]
By virtue of N.J.S.A. 40:87-31, the Mayor has the obligation
to maintain peace and good order and has power to suppress all riots
and tumultuous assemblies in the Borough.
[1966 Code § 3-1.2; Ord. No. 1991-1 § 16]
The Council President who is designated as Mayor by the Acting
Mayor designated in his/her stead and place during his/her absence
or illness shall have all the powers granted him/her in the above
enumerated statute.
[1966 Code § 3-1.3; Ord. No. 1991-1 § 16]
Under that statute, the Mayor or Acting Mayor may issue without
prior consent or consultation with the Borough Council, the following
proclamations:
a.Â
Prohibiting movement of all vehicular traffic in the Borough or parts
thereof during all or specified hours except as authorized by him
or her other designated officials.
b.Â
Declare a curfew on use of streets and highways in all or any portion
of the Borough and prohibit any person to remain in or upon any public
street, highway or place during any specified hours except as authorized
by him/her or other designated officials.
c.Â
Prohibit during an emergency any person other than State Police,
National Guard, Federal troops, local police or any other law enforcement
person requested by him/her, to carry, hold or possess in any motor
vehicle, carriage, motorcycle or other vehicle, or carry on or about
his/her clothes or person or otherwise have in his/her possession,
or under his/her control, alcoholic beverages, narcotics, firearms
or explosives of any kind.
d.Â
Closing during such emergency all gasoline stations and liquor dispensing
places, whether holding plenary retail, wholesale consumption or distribution
license.
e.Â
Issue all orders necessary to maintain peace and order and to suppress
all riots and tumultuous assemblies in the Borough and take any and
all measures requisite to quell disturbances and outbreaks of violence
within the Borough and to secure areas in the Borough and prevent
and deter actual threatened harm to persons or property and take and
order all actions necessary to effect the same.
[1966 Code § 3-2.5; Ord. No. 1991-1 § 16; Ord. No. 2005-23 § I; Ord. No. 2008-14 § I]
a.Â
GUARDIAN
JUVENILE
PUBLIC PLACE
For the purposes of subsection 16-2.1, the following terms shall be defined as follows, all other words shall have their usual and customary definitions:
Shall mean a person, other than a parent, to whom legal custody
of the juvenile has been given by Court order or who is acting in
the place of the parent or is responsible for the care and welfare
of the juvenile.
Shall mean an individual who is under the age of 18 years.
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.
b.Â
A curfew is hereby declared in the Borough of Belmar for juveniles
as follows:
1.Â
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.
c.Â
A juvenile engaging in errands involving medical emergencies, to
attend extracurricular school activities, and to participate in other
cultural, educational and social events, sponsored by religious or
community-based organizations during curfew hours shall not be in
violation of the curfews in this section.
d.Â
It shall be unlawful for the parent, guardian or other adult person
having the care or custody of a juvenile to knowingly permit a juvenile
to violate this section.
e.Â
Police Procedures and Presumptions.
1.Â
Any Police Officer having a reasonable suspicion that a juvenile
has violated the curfews in this section, may reasonably detain and/or
take the juvenile into custody to determine whether the curfew has
been violated. If a juvenile has violated the curfew during school
hours as set forth in paragraph b1 the Officer shall as soon as practicable
return the juvenile to school and notify the school administration.
2.Â
Whenever any juvenile is arrested or taken into custody for violation
of this section, the Borough Chief of Police, or the superior or regular
Police Officer acting in his place and stead, shall notify the parent,
guardian or other person having custody of such juvenile and notify
the school administration if the violation occurred during school
hours as set forth in paragraph b1 of such arrest or taking into custody.
3.Â
If it is established that the parent, guardian or other adult person
having the care or custody of any juvenile was duly notified pursuant
to paragraph e2 that such juvenile had been arrested or taken into
custody for the violation of this section and it is further established
that such juvenile subsequently violated the curfew then it shall
be presumed, in the absence of proof to the contrary, that such parent,
guardian or other adult person having the care or custody of such
juvenile knowingly permitted such subsequent violation.
f.Â
Violation and Penalties. Every person violating the provisions of
this subsection shall upon conviction thereof, be required to perform
community service, if both a juvenile and the juvenile's parent or
guardian violate the provisions of this section, they shall be required
to perform community service together, in addition each person shall
be subject to a fine for a second, third and subsequent offenses during
any given school year, as follows:
[1966 Code § 3-3.1; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to permit, make or continue,
or cause to be made or continued, or cause to be permitted, made or
continued, any loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of others, or to create any unreasonably loud,
disturbing and unnecessary noise of such character, intensity or duration
as is detrimental to the life or health of any individual or persons
within the limits of the Borough. Terminology used in this section
shall be in conformance with applicable publications of the American
National Standards Institute (ANSI) or its successor body, unless
specifically defined in this section. These shall include the following
meanings:
Shall mean the sound pressure level as measured in decibels
on a sound level meter using the A-weighting network. The level so
read shall be designated dB (A) or dBA.
Shall mean the sound pressure level of the all encompassing
noise associated with a given environment, being usually a composite
of sounds from many sources and/or the A-weighted sound pressure level
exceeded 90% of the time/L90 based on a one hour period.
Shall mean a steady, fluctuating, or impact noise which exists,
essentially without interruptions, for a period of one hour, or more.
Shall mean a steady, fluctuating, or impulsive noise which
may or may not contain a pure tone, which varies in sound pressure
level such that the same level is obtained repetitively at reasonably
uniform intervals of time.
Shall mean a logarithmic (dimensionless) unit of measure
often used in describing the amplitude of sound. Decibel is denoted
as "dB".
Shall mean Police Department of the Borough of Belmar.
Shall mean any mechanism which is intended to produce, or
which actually produces noise when operated or handled.
Shall mean a motor vehicle used in response to a public calamity
or to protect persons or property from imminent danger.
Shall mean work made necessary to restore property to a safe
condition following a public calamity, work to restore public utilities,
or work required to protect persons or property from an imminent exposure
to danger.
Shall mean the sound pressure level of a fluctuating noise
varies more than six dB (A) during the period of observation when
measured with the slow meter characteristic of a sound level meter,
and does not equal the previously existing ambient noise level more
than once during the period of observation.
Shall mean any vehicles which are propelled or drawn by mechanical
equipment, such as, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on hand, dune buggies, or racing vehicles.
Shall mean any vehicles which are primarily operated on water
or which does operate on water, such as boats, barges, amphibious
craft or hover craft, and which is at any time propelled by mechanical
power.
Shall mean any apparatus consisting of baffles, chambers,
or acoustical absorbing materials whose primary purpose is to transmit
liquids or gases while causing a reduction in sound emission at one
end.
Shall mean any sound which is unwanted or which causes or
tends to cause an adverse psychological effect on human beings.
Shall mean any sound which annoys, disturbs, or perturbs
reasonable persons with normal sensitivities; or any sound which injures
or endangers the comfort, repose, health, hearing, peace or safety
of other persons.
Shall mean any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a State or any political subdivision of that
State.
Shall mean any noise for which the information content of
that noise is unambiguously communicated to the listener, such as,
but not limited to, understandable spoken speech or comprehensible
musical rhythms.
Shall mean any powered vehicles, either airborne, waterborne
or landborne, which are designed not to carry persons or property,
such as but not limited to, model airplanes, boats, cars, rockets,
and which can be propelled by mechanical means.
Shall mean an imaginary line at the ground surface, which
separates the real property owned by one person from that owned by
another person, and its vertical extension.
Shall mean any street, avenue, boulevard, highway, alley,
or public space which is owned or controlled by a public government
entity.
Shall mean any noise which can be distinctly heard as a single
pitch or a set of single pitches. For the purposes of measurement,
a pure tone shall exist if the one-third octave band sound pressure
level in the band with the tone exceeds the arithmetic average of
the sound pressure levels of the two contiguous one-third octave bands
by five dB for frequencies of 500 Hz and above, by eight dB for frequencies
between 160 and 400 Hz and by 15 dB for frequencies less than or equal
to 125 Hz.
Shall mean any noise which is composed of impulsive noises
that are repeated at sufficiently slow rates such that a sound level
meter set as "fast" meter characteristic will show changes in sound
pressure level greater than two dB (A).
Shall mean a temporal and spatial oscillation in pressure,
or other physical quantity, in a medium with internal forces that
causes compression and rarefaction of that medium, and which propagates
at finite speed to distinct points.
Shall mean an instrument, which includes a microphone, amplifier,
RMS detector, integrator or time averager, output meter and weighting
networks used to measure sound pressure levels.
Shall mean the instantaneous difference between the actual
pressure and the average or barometric pressure at a given point in
space.
Shall mean any device, excluding those attached to motor
vehicles, used to alert persons engaged in emergency operations. These
include, but are not limited to, fire fighters, first aid squad members
and law enforcement officers, whether paid or volunteer.
Shall mean any device, fixed or movable, which is located
or used on geographically defined, real property other than a public
right-of-way.
Shall mean a sound pressure level which remains essentially
constant during the period of observation, i.e., the fluctuations
are too small to meet the criterion for fluctuating noise.
Shall mean any Monday, Tuesday, Wednesday, Thursday, or Friday
which is not a legal holiday.
[1966 Code § 3-3.2; Ord. No. 1991-1 § 16; Ord. No. 1991-21 § 1; Ord. No. 2002-07; Ord. No. 2010-19]
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this section, but such enumeration shall not
be construed to be a limitation or be deemed to be exclusive:
a.Â
The use of a sound truck with sound amplification in operation.
b.Â
The sounding of any horn or signaling device on any vehicle except
as a danger warning or the sounding of any horn or signaling device
for any unnecessary and unreasonable period of time in times of traffic
hold-ups, or the use of any horn, whistle or other device operated
by engine exhaust.
c.Â
The playing or operating of any radio, phonograph, television, musical
instrument or other machine or device for the producing or reproducing
of sound, in such manner or volume as to cause a noise disturbance
to others in the vicinity.
d.Â
Playing or operating any of the aforementioned devices between the
hours of 10:00 p.m. and 8:00 a.m. prevailing time the following day,
in such a manner as to be plainly audible across real property boundaries
or through partitions common to two parties within a building or plainly
audible at 50 feet from such device when operated within a motor vehicle
parked on a public right-of-way or on a public space, or within a
motorboat. If violation of this section occurs between 10:00 p.m.
and 8:00 a.m. prevailing time the following day, there shall be a
minimum fine of $250 payable through the Belmar Municipal Court Violations
Bureau.
e.Â
The use, or permission to use, on the public streets of the Borough
any loud speaker, amplifier, radio, phonograph or other machine or
device for the purpose of commercial advertising or attracting the
attention of the public. Nor shall a loudspeaker or mechanical device
in a fixed or movable position, exterior to any building, or mounted
upon any aircraft, motor vehicle or motorboard such that the sound
therefrom is plainly audible at or beyond the property boundary of
the source be permitted or used.
f.Â
The making of any noise, including but not limited to yelling, shouting,
hooting, whistling or singing so as to annoy and disturb the quiet,
comfort or repose of persons in any office, dwelling, hotel or residence,
or of any other persons. If violation of this section occurs between
10:00 p.m. and 8:00 a.m. prevailing time the following day there shall
be a minimum fine of $250 payable through the Belmar Municipal Court
Violations Bureau.
g.Â
The blowing of any locomotive whistle or whistle attached to any
stationary boiler, except to give notice of the time to begin or to
stop work or as a warning of distress, fire or danger, or upon request
of proper Borough authorities.
h.Â
The discharge into open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or motorboat engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
i.Â
The use of any automobile, motorcycle or vehicle, so out of repair,
so loaded or in such manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
j.Â
The creation of a noise disturbance in connection with loading or
unloading any vehicle, or the opening and destruction of bales, boxes,
crates and containers.
k.Â
The erection (including excavation), demolition, alteration or repair
of any building is prohibited, except the same is permitted:
1.Â
Between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday,
however any operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam hoist or other similar appliances or any powered
saw, sander, drill, grinder, garden equipment or tools of like nature
shall not occur until 8:00 a.m. Monday through Friday; and between
the hours of 8:00 a.m. to 5:00 p.m. on Saturdays.
2.Â
Between the hours of 8:00 a.m. to 5:00 p.m. on Sundays and holidays
only by homeowners performing routine repair and maintenance on the
interior or exterior of any building.
3.Â
Between the hours of 8:00 a.m. to 5:00 p.m. on Sundays and holidays
by contractors provided that all work is performed on the interior
of an enclosed building.
l.Â
The creation of any excessive or disturbing noise on any street adjacent
to any school, institution of learning, church or court, provided
that conspicuous signs are displayed in such streets indicating the
proximity of such institutions.
m.Â
The excessive and unreasonable shouting or crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
n.Â
The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam hoist or other similar appliances, except during the times permitted in subsection 16-3.2k.
o.Â
The operation of any blower, fan or internal combustion engine resulting
in noise from the explosion of operating gases or fluids, unless such
blower, fan or engine is equipped with a sound-deadening muffler.
p.Â
(Reserved)
q.Â
Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle or motorboat in or near a residential use district in such a manner as to cause a noise disturbance or violate the provisions of subsection 16-3.4.
r.Â
Owning, keeping, possessing, or harboring any animal or animals or
bird or birds which, by frequent or habitual howling, barking, meowing,
squawking, or other noisemaking, cause a noise disturbance.
s.Â
Operating, or permitting to be operated, any loudspeaker or other
source of sound in any place of public entertainment which produces
maximum levels of 90 dB (A) at any point that is normally occupied
by a human being as read with the slow response on a sound level meter.
t.Â
Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning. Maximum sound pressure levels during the permitted period of operation shall conform to those set forth in Table 1 of subsection 16-3.4 and shall be measured at the property boundary of the source or at a distance of 100 feet, if it is operated in a public place.
u.Â
Operating or permitting the operation of the motor of any motor vehicle
whose manufacturer's gross weight is in excess of 10,000 pounds or
any attached auxiliary equipment for a period longer than three minutes
in any hour while such vehicle is stationary on a public right-of-way
in a residential district or in any designated quiet zone, or is on
private property in a residential or commercial zone and is not within
a completely enclosed structure.
v.Â
The sounding or permitting the sounding of any exterior burglar alarm
on any building or motor vehicle unless such burglar alarm shall terminate
its operation within 15 minutes of its being activated. Any motor
vehicle upon which a burglar alarm has been installed shall prominently
display the telephone number at which communication may be made with
the owner of such motor vehicle.
[1966 Code § 3-3.3; Ord. No. 1991-1 § 16]
Noise caused in the performance of emergency work for the immediate
safety, health or welfare of the community, or to restore property
to a safe condition following a public calamity shall not be subject
to the provisions of this section. Nothing in this section shall be
construed to permit law enforcement, ambulance, fire, or other emergency
personnel to make excessive noise in the performance of their duties
when such noise is clearly unnecessary. The use of stationary emergency
signaling devices shall be for emergency use only.
[1966 Code § 3-3.4; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to operate, or permit to
be operated, any stationary source of noise in such a manner as to
create a sound pressure level which exceeds the limits set forth for
the receiving land use (Land Use Category) in Tables I-A and I-B when
measured at the property boundary. When a noise source can be identified
and its noise measured in more than one land use category, the limits
of the most restrictive use shall apply at the boundaries between
different land use categories.
|
Table I-A
| ||
|---|---|---|
|
All Uses in Each Land Use Category
|
Time
|
Sound Pressure Level Limit dB(A)
|
|
All Residential Zones
|
At all times
|
50
|
|
Beachfront Resort
Business Zone; Central
Business Zone; and Marine Basin Zone
|
At all times
|
65
|
|
Light Industrial Zone
|
At all times
|
75
|
|
TABLE I-B
| |
|---|---|
|
1.
|
For all Business, Commercial and Industrial Uses in any zone
during all hours impulsive sound in air shall not exceed an impulsive
level of 80 decibels; or
|
|
2.
|
For all Business, Commercial and Industrial Uses in any zone
during all hours continuous airborne sound which has an octave band
sound pressure level in decibels shall not exceed the levels listed
below in one or more octave bands as follows:
|
|
Octave Band Center Frequency (Hz)
|
Octave Band Sound Pressure Level (dB)
|
|---|---|
|
31.5
|
86
|
|
64
|
71
|
|
125
|
61
|
|
500
|
48
|
|
1,000
|
45
|
|
2,000
|
42
|
|
4,000
|
40
|
|
8,000
|
38
|
[1966 Code § 3-3.5; Ord. No. 1991-1 § 16]
a.Â
No person shall operate a motor vehicle on a public right-of-way at any time in such manner that the sound pressure level emitted by that vehicle exceeds the levels set forth in Table II when measured at the location established by subsection 16-3.5. This section shall apply to all motor vehicles, whether publicly or privately owned, that are duly licensed.
|
Table II
| ||
|---|---|---|
|
Sound pressure level, dBA
| ||
|
Vehicle Class
|
Speed Limit 35 mph or less
|
Speed Limit 35 mph or more
|
|
Federally registered Interstate Motor Carrier
|
86
|
90
|
|
All other motor vehicles with a manufacturer's gross vehicle
rating of 10,000 pounds or more, and any combination of vehicles towed
by such motor vehicle
|
92
|
96
|
|
Motorcycles
|
88
|
92
|
|
Any other motor vehicles and any combination of vehicles towed
by such motor vehicle
|
82
|
88
|
b.Â
For the purpose of subsection 16-3.5, standard measurement height shall be four feet and the standard horizontal measurement distance from the center line of the traffic land being monitored shall be 50 feet. Whenever it is not feasible to use 50 feet, the distance may be shortened to 25 feet, in which case the values in Table II of sub-section 16-3.5 shall be increased by six dB(A).
[1966 Code § 3-3.6; Ord. No. 1991-1 § 16]
No person shall operate a power propelled vehicle or recreational device off a public right-of-way in such manner that the sound pressure level emitted therefrom exceeds the limits set forth in Table III when measured at the locations set forth in subsection 16-3.5. This section shall apply to all motorized vehicles and recreational devices, whether publicly or privately owned, or whether or not duly registered or licensed, including but not limited to, passenger cars, trucks, campers, motorcycles, mini-bikes, go-carts, snowmobiles, amphibious craft, dune buggies, racing vehicles, water ski towing devices and motorboats.
|
Table III
| |
|---|---|
|
Vehicle Class
|
Sound Pressure Level dB(A)
|
|
Motorboat
|
86
|
|
All other vehicles
|
83
|
[1966 Code § 3-3.7; Ord. No. 1991-1 § 16; Ord. No. 1991-21 § 1]
a.Â
It shall be the duty and responsibility of the Police Department
of the Borough to enforce the provisions of this section.
b.Â
Violation of this section shall be cause for summons and complaint
to be issued forthwith; provided, however, that if the noise source
is not 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 to abate the
violation of this section. Failure to comply with the order so issued
and served shall constitute a violation of this section.
c.Â
Upon the issuance of a fourth summons within a period of four months alleging a violation of Section 16-3 of the "Revised General Ordinances of the Borough of Belmar" at the same address by individuals other than the owner or owners of the property in question, the owner or owners of the property, as reflected by the records of the Tax Collector or Tax Assessor shall be presumed as a matter of law to have unlawfully permitted as a public nuisance, or have caused to be permitted, loud, unnecessary or unusual noise in violation of this section. It shall be a defense to conviction under this section that one or more of the four summonses did not result in a conviction, or that the Borough of Belmar did not mail a notice of each summons by first class mail, postage prepaid, to the owner or owners at the address reflected on the records of the Tax Collector or Tax Assessor. It shall also be a defense to conviction under this section that the owner or owners of the property acted promptly and reasonably following their receipt of notice of the issuance of each of the summonses to obtain compliance on the part of the tenants or occupants of the property with Section 16-3.
[1966 Code § 3-3.8; Ord. No. 1991-1 § 16; Ord. No. 1991-21 § 1]
In order to implement the purposes of this section, the Police
Department shall have power to:
a.Â
Conduct, or cause to be conducted, studies, research and monitoring
related to noise.
b.Â
Conduct programs of public education regarding the causes and effects
of noise but not giving specific advice for its abatement, and to
encourage the participation of public interest groups in related public
information efforts.
c.Â
For reasonable cause and upon presentation of proper credentials,
enter any building, property, premises, or place and inspect any noise
source for the purpose of ascertaining the compliance or noncompliance
with any provision of this section, or have access to, and require
the production of books and papers pertinent to any matter under investigation.
d.Â
Require the owner or operator of any noise source to establish and
maintain records and make such reports as the Police Department may
reasonably prescribe.
e.Â
Require the owner or operator of any noise source to measure the
noise emissions thereof in accordance with such methods and procedures
and at such locations and times as the Police Department may reasonably
prescribe.
[1966 Code § 3-3.9; Ord. No. 1991-1 § 16]
a.Â
Purpose. The purpose of this subsection is to provide standards and
regulations for various types of intrusion, burglar, fire and other
alarm devices requiring response thereto by the Police Department,
Volunteer Fire Department, or other municipal agencies of the Borough
of Belmar.
b.Â
Scope. The provisions of this subsection shall apply to any person
who operates, maintains or owns any alarm system situated in the Borough,
having an audible signaling device or requiring a response by the
Police Department, Volunteer Fire Department or other municipal agencies
of the Borough. The terms of this subsection shall in no way prohibit
alarm companies from providing service by private source to other
offices within or without the Borough, so long as such activity is
not connected to the alarm console; except however, that any person
having a premises protected by an alarm system shall still be responsible
for the registration thereof in accordance with paragraphs f and g
herein.
c.Â
ALARM CONSOLE
ALARM SYSTEM
AUDIBLE SIGNALING DEVICE
CONSOLE ALARM
DESIGNATED REPRESENTATIVE
DIAL ALARM
FULL ALARM
LICENSEE
LOCAL ALARM
PERMITTEE
Definitions. As used in this subsection:
Shall mean the console or control panel devices giving the
visual or audio response, or both, and located within the confines
of the police headquarters of the Borough.
Shall mean any console alarm, dial or local alarm.
Shall mean any device such as a bell, siren, whistle, horn,
gong, claxon or other product employed to call attention and which
may be heard beyond the limits of the property concerned.
Shall mean any type of alarm device actuating equipment in
the alarm console providing warning of intrusion, fire, smoke, flood
or other peril.
Shall be limited to a member of the Police Department of
the Borough. He/she may also function as the Alarm System Inspector.
Shall mean that type of automatic telephone dialing device
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood or other peril to the Police Department.
Shall mean any alarm activated by inadvertence, negligence,
or the unintentional act of someone other than an intruder, and includes
alarms caused by the malfunctioning of the alarm device or other relevant
equipment, but shall not include alarms created by the malfunctioning
of the alarm console.
Shall mean the person obtaining the license to maintain the
alarm console.
Shall mean any alarm device which, when actuated, produces
an audible signal to give a warning of intrusion, fire, smoke, flood
or other peril.
Shall mean any person owning or operating an alarm system
within the scope of this subsection who has been issued a permit to
operate that system.
d.Â
Alarm Console License. There is hereby established a Police Alarm
Console license which shall be granted only after advertisement for
competitive, sealed bids as required by the local Public Contract
Law. Any such licensee shall have exclusive use and control of the
alarm console except for the use by the Borough. The licensee will
be responsible, at no cost to the Borough, for the establishment,
construction and installation of the console containing equipment,
which must be of a design approved by the Chief of Police or his/her
designated representative, and for the care, maintenance and management
thereafter of that console. The licensee shall locate the console
and relocate the console, if necessary, under the supervision of the
Chief of Police or his/her designee at no cost to the Borough. For
any such license granted hereunder the licensee will assume all liability
and agree to indemnify and save harmless the Borough, its agents,
and the Borough of Belmar Police Department for any act in conjunction
therewith.
Any license hereafter issued or renewed shall be for a term
of three years from the date of award of the license by the Borough
of Belmar, unless sooner terminated pursuant to paragraph g herein.
The licensee for the Police Alarm Console shall be permitted
to charge subscribers for installation and/or maintenance of the alarm
console connection. The fee to be charged will be determined by the
applicable bidding procedures set forth in Local Public Contracts
Law. The licensee's fees to subscribers, as determined by the Borough
Council under applicable bidding procedures, shall be fixed for the
term of the license and shall be uniform to all subscribers. No fee,
however, shall be charged for any connections to the municipal owned
property of the Borough for any existing or future alarm console connections.
e.Â
Determination of Licensee. The alarm console license as provided
for herein shall be awarded by the Borough Council only after advertisement
for competitive, sealed bids as required by the Local Public Contracts
Law.
f.Â
Registration and Permits. Any person, firm or corporation that desires
to own or operate an alarm system shall make application, in writing,
to the Chief of Police or his/her designee on the form provided by
the Police Department, which application shall contain the location
of the alarm system, the name of the installer of the device, the
type of device, provisions relating to false alarms and testing procedures,
a list of persons to be contacted in the event of an alarm or other
information as may be required by the Chief of Police or his/her designee,
and may contain such other information as the Chief of Police may
require in order to determine whether or not a license should be issued.
Local alarms shall be registered but no fees shall be charged
therefor.
For console alarms, the registrant shall pay whatever charges
are required by an alarm company making such installation and, in
addition thereto, such charges to be paid to the licensee for the
alarm control panel and the circuit rental charges due the telephone
company as may be determined under paragraph d of this subsection.
Any registration permitted hereunder shall be accepted upon
the express condition that the registrant shall indemnify and hold
the Borough harmless from and on account of any and all damages arising
out of the activities of the Borough or the Police Department respecting
the alarms.
For each dial alarm the owner or operator shall pay to the Borough
an annual fee of $10 to cover the costs of the special phone line
or lines required in the Police Department necessitated by these systems.
The Chief of Police or his/her designee shall issue a permit
for the operation of an alarm system if he/she or his/her designee
is satisfied that the registration information is complete and that
the alarm system will be operated in conformance to this subsection.
The permit may be granted subject to any special conditions stated
thereon if necessary.
g.Â
Limitation of Borough Obligations. The Borough shall be under no duty or obligation to any permittee hereunder or to any alarm console licensee hereunder; the alarm console and allied equipment being maintained at will and subject to termination at any time by cancellation of this system by resolution duly adopted by the Borough Council. Any individual permit issued hereunder may be revoked at any time by the Borough Council after recommendation of the Chief of Police, provided that 30 days' notice is given, in writing, to the permittee. If any permittee shall within 10 days after notice of the proposed termination request a hearing, the Borough Council shall refer the matter to the Office of Administrative Hearings pursuant to subsection 3-7.1 of this Code for determination.
h.Â
General Regulations.
1.Â
Dial alarms:
(a)Â
A dial alarm is any alarm device, which, when activated automatically
or electronically, selects a telephone line, dials the special telephone
number at police head-quarters and delivers a prerecorded message
requesting police, fire or other municipal agency assistance.
(b)Â
Dial alarms shall only be coded to dial a special telephone
number, which number shall be provided by the Chief of Police or his/her
designee only to the dial alarm permittee. No dial alarm shall be
coded to dial the number of the general police switchboard of the
Borough.
(c)Â
The message must conform to an approved format.
(d)Â
Total length of a message must not exceed 15 seconds.
(e)Â
The message must be transmitted twice, but no more than four
times.
(f)Â
Any person having a dial alarm device which dials the general police number shall receive notice, in writing, from the Chief of Police requiring the owner to comply with the terms of this subsection. If the owner fails to do so within 30 days of the receipt of the notice, then operation of any noncomplying alarm device shall be prohibited. The owner or operator of any prohibited alarm system shall upon being found guilty or pleading guilty of the violation of Borough regulations shall be liable to the penalty stated in Chapter 1, Section 1-5.
(g)Â
All components of such equipment must be maintained in good
repair by the owner. When evidence exists that there has been failure
to comply with the operational requirements of this subsection, the
Chief of Police or his/her designee is then authorized to demand that
such device be disconnected until such time as compliance with current
requirements is reestablished.
2.Â
Any licensee for the alarm console shall provide for a repairman
to be on call at all times, and such service shall be provided within
one hour of notification by the Police Department of any malfunctions
of any equipment. Any permittee utilizing the console shall provide
for a repairman to be on call at all times, and such service shall
be provided within eight hours of notification of the permittee by
the Police Department of any malfunction of any equipment.
3.Â
The Chief of Police shall have the right to disconnect any malfunctioning
equipment from the alarm console until such time as the malfunction
has been corrected.
4.Â
False alarm penalties:
(a)Â
In case of a false alarm any person having knowledge thereof
shall immediately notify the Police Department in a manner to be prescribed
by Rules and Regulations in accordance with paragraph I of this subsection.
In addition, in the case of false alarms, the Chief of Police or his/her
designee shall cause an investigation to be made and shall keep a
record of the alarms on file. For such false alarms the Borough Council
prescribes the following penalties.
(b)Â
For the first, second and third false alarm in any given calendar
year a warning shall be issued.
(c)Â
For the fourth or subsequent false alarm a minimum fine of $50
shall be paid to the Borough.
(d)Â
Where the investigation of the Police Department discloses continued
abuse of the privilege of connection to the alarm console and a disregard
of the permittee for taking remedial steps to avoid false alarms,
the Chief of Police reserves the right to require disconnection for
a limited time or permanently, provided that no permit shall be revoked
or suspended without giving the permittee an opportunity to show cause
before the Mayor and Borough Council why such action should not be
taken.
5.Â
Any unauthorized equipment may be disconnected by the Chief of Police
or his/her designee for noncompliance with this subsection. Any person
installing or maintaining unauthorized equipment shall be prosecuted
for violation of this subsection. Each and every day the equipment
is in operation shall be considered a separate violation. Any permittee
shall, by connection of an alarm to the console and acceptance of
the permit, be deemed as having consented to inspection at reasonable
hours by the Chief of Police or his/her designee, of the premises
on which said alarm devices are installed.
6.Â
All audible signaling devices shall be equipped with a timing device
to limit the sounding of the signaling device to 15 minutes or less.
i.Â
Rule Making Authority. The Chief of Police may from time to time
promulgate written rules and regulations subject to the approval of
the Mayor and Borough Council supplementing this subsection in order
to provide for record keeping and efficient operation and management
of the system.
[1966 Code § 3-3.10; Ord. No. 1991-1 § 16]
a.Â
The operation or maintenance of any noise source in violation of
any provision of this section shall be deemed and is declared to be
a public nuisance and may be subject to abatement summarily by a restraining
order or injunction issued by a court of competent jurisdiction, or
in any other manner available for the abatement of public nuisances.
b.Â
Any remedy available pursuant to this section shall be considered
separate and not exclusive of any other remedy available hereunder.
c.Â
Nothing in this section shall be construed to impair any cause of
action, or legal remedy therefor, of any person for injury or damage
arising from any violation of this section.
[1966 Code § 3-3.11; Ord. No. 1991-1 § 16; Ord. No. 1991-21 § 1]
It is the intent of the Borough Council that this section be
construed to secure for the people freedom from unwanted loud and
raucous noise as described herein without violating any of the rights
secured by the Constitution to the people. In the event that any provision
hereof should ever be determined invalid for any reason, it is the
intent of the Borough Council that the remaining provisions continue
in effect to the extent that they can be enforced notwithstanding
such determination and, therefore, the provisions of this section
are deemed severable.
[1]
Editor's Note: Former Section 16-4, Supervision of Rental
Property, previously codified herein and containing portions of Ordinance
Nos. 1993-50 and 1996-17 was repealed in its entirety by Ordinance
No. 2005-04.
[1966 Code § 3-4.1; Ord. No. 1991-1 § 16]
For the purpose of this section:
Shall mean any litter including glass bottle or object, metal
can or object, sharp or pointed objects of any substance, which may,
or subject to the elements or other intervening causes, including
other persons, break, disintegrate or come apart or become sharp or
pointed objects which can or may become injurious or dangerous to
persons or animals.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean "garbage," "refuse," and "rubbish" as defined
herein, and all other waste material which, if thrown or deposited
as herein prohibited, tends to create a danger to health, safety and
welfare.
Shall mean any and all streets, sidewalks, boulevards, alleys
or other public ways and any and all public parks, squares, spaces,
grounds and buildings.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials.
Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway, including
devices used exclusively upon stationary rails or tracks.
[1966 Code § 3-4.2; Ord. No. 1991-1 § 16]
No person shall sweep, throw or deposit litter in or upon any
occupied, open or vacant property, whether owned by such person or
not, or in or upon any street, sidewalk, park or other public place,
or any pond, lake, stream or other body of water within the Borough,
except in public receptacles or in authorized private receptacles
for collection, or in official Borough dumps. Persons placing litter
in public receptacles or in authorized private receptacles shall do
so in such manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk or other public place, or
upon private property.
[1966 Code § 3-4.3; Ord. No. 1991-1 § 16]
No person, including merchants owning or occupying a place of
business, shall sweep into or deposit in any gutter, street or other
public place within the Borough the accumulation of litter from any
building or lot, or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalk in front
of their premises free of litter.
[1966 Code § 3-4.4; Ord. No. 1991-1 § 16]
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Borough, or upon private property.
[1966 Code § 3-4.5; Ord. No. 1991-1 § 16]
No person shall drive or move any truck or other vehicle within
the Borough unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Borough, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place mud, dirt, sticky substances, litter or foreign matter
of any kind.
[1966 Code § 3-4.6; Ord. No. 1991-1 § 16]
No person shall bring, cart, remove, transport or collect any
litter from outside this Borough, or into this Borough, for the purpose
of dumping or disposing thereof, unless so authorized by the Borough.
[1966 Code § 3-4.7; Ord. No. 1991-1 § 16]
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private receptacles for collection.
a.Â
Notice to Remove. The Building Official is authorized and empowered
to notify the owner of any open or vacant private property within
the Borough, or the agent of such owner, to properly dispose of litter
located on such owner's property which is dangerous to public health,
safety or welfare. Such notice shall be by registered mail addressed
to that owner at his/her last known address and shall state the acts
to be performed by such owner or tenant, as well as the penalty for
failure to comply with such notice.
b.Â
Cost of Removal. If the owner or tenant to which notice is sent neglects
or refuses to comply with such notice within 10 days of receipt of
same, the Building Official shall arrange to perform the acts required
by the notice at the cost of the Borough. He/she shall certify the
cost thereof to the Mayor and Borough Council which shall examine
the certificate and, if found correct, shall cause the costs to be
charged against these lands. Such costs shall be added to the taxes
to be assessed upon such lands, to bear interest at the same rate
as taxes.
[1966 Code § 3-5; Ord. No. 1991-1 § 16]
No person shall cast or place, or cause to be cast or placed,
any advertisement, handbill, circular or paper on any public street
or on the sidewalks thereof, or into any vestibules or yards, or upon
porches of any dwelling house or other buildings, or into any vehicle
while on the public highway, or private property; provided, however,
that this section shall not apply to newspapers and addressed envelopes
delivered to subscribers and addresses. Advertisements, handbills,
circulars and papers may be distributed in the Borough provided the
same are securely placed at each dwelling so as not to be blown away
by the wind.
[1966 Code § 3-6.1; Ord. No. 1991-1 § 16]
It shall be the duty of any owner and/or tenant or person in
possession of any lands in the Borough:
a.Â
To keep such lands free of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, where
the same are inimical to the preservation of public health, safety
or the general welfare of Borough residents, or which may constitute
a fire hazard.
b.Â
Where such lands abut or border upon any public street or avenue
in the Borough, to remove all grass, weeds, brush and other impediments
from that part of the street or avenue bordering on their respective
lands.
[1966 Code § 3-6.2; Ord. No. 1991-1 § 16]
Whenever the Borough Council shall deem it necessary and expedient
for the preservation of the public health, safety, general welfare,
or the elimination of a fire hazard, or upon investigation of a complaint
of any resident, officer or employee of the Borough, the council may
order the owner, tenant, or person in possession of any lands on which
grass, weeds, trash, debris or other impediments are found to exist,
to remove same within 10 days, or to cause the removal thereof if
such order is not complied with.
[1966 Code § 3-6.3; Ord. No. 1991-1 § 16]
After an investigation of any complaint of any resident, officer
or employee of the Borough, or upon his/her own motion, the Street
Superintendent shall make a report of the conditions complained of
in writing to the Borough Council at their next regular meeting. If
the reported conditions are found to exist the Borough Council shall
then direct the Borough Clerk to notify the owner, tenant or person
in possession of the lands complained of, in writing, either personally
or by registered mail to remove the brush, weeds, dead or dying trees,
stumps, roots, obnoxious growth, filth, garbage, trash, debris or
other impediments within 10 days after receipt of notice to do so.
The Street Superintendent shall reinspect the lands in question after
the ten-day period shall have expired and report in writing to the
Borough Council at their next regular meeting whether or not the condition
complained of has been abated or remedied.
[1966 Code § 3-6.4; Ord. No. 1991-1 § 16]
In the event the owner, tenant or person in possession of the
lands in question shall refuse or neglect to abate or remedy the condition
complained of within 10 days after receipt of notice, the Street Superintendent
shall cause the condition complained of to be abated and remedied
and shall certify the cost thereof to the Borough Council, who shall
examine the certificate and, if found correct, cause the cost as shown
thereon to be charged against the lands. The amount charged shall
become a lien upon the lands and shall be added to and become a part
of the taxes to be assessed upon those lands, to bear interest at
the same rate of taxes. The costs shall be in addition to any penalties
imposed for any violation of this section.
[1966 Code § 3-7.1; Ord. No. 1991-1 § 16; Ord. No. 1997-17 § 1]
Each and every owner of any lot or tract of land within the Borough upon which there is a burned building or buildings or automobile wreck or wrecks, automotive junk, disabled vehicle(s), or more than one uninsured, uninspected or unregistered vehicle, or nuisances of any description, shall remove the same from such lot or tract of land within 30 days after receiving written notice from the Borough Clerk to do so. Automobile wrecks, automotive junk, disabled, uninsured or uninspected vehicles may not be present upon any lot or tract of land within the Borough except in an enclosed garage, unless same are awaiting repair at a licensed public garage, or authorized storage facility as that term is defined in Section 16-17 of the Revised General Ordinances subject to the restrictions contained therein, and or unless same are new vehicles being stored or displayed at an auto sales and/or showroom.
a.Â
Definition of Automotive Junk. Automotive junk includes any fully
assembled or partially or fully dismantled automobiles, motorcycles,
trucks, motor vehicles, tractors, recreational vehicles and any other
vehicles propelled by any other means than muscular power. Dismantled
shall mean taken apart or partially taken apart or made unusable for
its original purpose.
b.Â
Definition of Disabled. Disabled shall refer to any motor vehicle
including but not limited to automobiles, motorcycles, trucks, motor
vehicles, tractors, recreational vehicles or other vehicles propelled
by other means than muscular power which is in such a state of disrepair
that it cannot be readily made to conform to the requirements of the
New Jersey Division of Motor Vehicles.
c.Â
Definitions of Uninsured Vehicles and Uninspected Vehicles. Uninsured
vehicles are any motor vehicles which do not have the minimum State
mandated liability insurance required by the State in which the motor
vehicle is titled. Uninspected vehicles are any motor vehicles which
do not display the proper inspection decal, sticker, tags or plate
issued by the State in which said vehicle is titled, or, any motor
vehicle with the appropriate inspection decal, sticker, tags or plate
from the State in which the vehicle is registered that has not been
inspected for one year or more.
[1966 Code § 3-7.2; Ord. No. 1991-1 § 16; Ord. No. 1997-17 § 1]
After an investigation of any complaint of any resident, officer
or employee of the Borough, or upon his/her own motion the Street
Superintendent shall make a report of the conditions complained of
in writing to the Borough Council at their next regular meeting. If
the reported conditions are found to exist, the Mayor and Borough
Council shall then direct the Borough Clerk to notify the owner of
any lot or tract of land complained of, either personally or by registered
mail, to remove the burned building or buildings or automobile wreck
or wrecks, automotive junk, disabled, uninsured or uninspected vehicles
in excess of one, or nuisances of any nature or description, within
30 days after receiving written notice from the Borough Clerk to do
so. The Street Superintendent shall reinspect the lot or tract of
land in question after the thirty-day period shall have expired and
report in writing to the Borough Council at their next regular meeting
whether or not the condition complained of has been abated or remedied.
[1966 Code § 3-7.3; Ord. No. 1991-1 § 16; Ord. No. 1997-17 § 1]
In the event the owner of any lot or tract of land in question
shall refuse or neglect to abate or remedy the condition complained
of within 30 days after receipt of notice, the Street Superintendent
shall cause the condition complained of to be abated and remedied,
including but not limited to the removal of the vehicle by a Borough
licensed tow truck/wrecker operator, and shall certify the cost to
the Borough Council who shall examine the certificate and if found
correct, cause the cost as shown thereon to be charged against the
lot or tract of land. Should any automotive wreck, automotive junk,
disabled, uninsured or uninspected vehicles be removed by a Borough
licensed tow truck/wrecker operator said licensed operator shall have
the rights and obligations as set forth in the Revised General Ordinances
of the Borough of Belmar and under the laws of the State of New Jersey.
The amount charged shall become a part of the taxes to be assessed
upon such lot or tract of land, to bear interest at the same rate
as taxes.
[1966 Code § 3-8; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to dispose of garbage, kitchen
refuse or similar matter through the sewage system of the Borough.
[1966 Code § 3-9.1; Ord. No. 1991-1 § 16]
For the purposes of this section, a trailer or recreational
vehicle is defined to be any vehicle, whether self-propelled or otherwise,
used or intended as a conveyance upon the public streets or highways,
so designed, constructed, reconstructed or added to as to permit the
occupancy thereof as a dwelling or sleeping place for one or more
persons, and having no foundation other than wheels, jacks or skirtings
so arranged as to be integral with or portable by the trailer or camp
car.
[1966 Code § 3-9.2; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to park any trailer or camp
car on any street in the Borough in violation of any parking ordinance
of the Borough, or for any period longer than four hours.
[1966 Code § 3-9.3; Ord. No. 1991-1 § 16]
It shall be unlawful for any person to park any trailer or camp
car on any private premises within the Borough limits with the following
specific exemptions:
a.Â
Within a building or garage on the premises and provided the trailer
or camp car is not used for sleeping or dwelling purposes while on
the premises and not commercially stored or offered or displayed for
sale.
b.Â
Within a building or garage in the central business and light industrial
zones set forth in the zoning chapter of this Revision, provided that
the vehicle shall at all times be kept under cover in the building
or garage whether undergoing repairs, being stored or being kept for
sale and shall not be used for sleeping or dwelling purposes while
on the premises.
c.Â
Without a building or garage on the premises, but not on the streets
adjacent to the premises, for a period not exceeding 48 hours, when
the owner of the premises and the vehicle shall completely load or
unload the vehicle prior to going on or upon returning from a trip
with that vehicle respectively. During such period of loading or unloading
the vehicle shall not be used for sleeping or dwelling purposes.
[Ord. No. 1994-23 § 1; Ord. No. 2001-17]
Any swimming or wading pool that is not enclosed by a lawfully
constructed fence of at least four feet in height with a latching
gate and designed so as to prevent small children from gaining access
to the pool shall be attended at all times while it is filled with
water, and shall not be placed outdoors on the premises, filled or
unfilled, before 10:00 a.m., and shall be emptied of water each day
not later than 8:00 p.m., and shall at all other times be stored or
kept, as far as reasonably practicable, so that it is not visible
from the streets of public rights-of-way.
Notwithstanding the foregoing, no swimming or wading pool that is not enclosed by a lawfully constructed fence of at least four feet in height with a latching gate, shall be placed so that any part of the pool is located in the front or side yards of the premises, as defined in subsection 40-2.4, or within 25 feet of any public sidewalk, or within 10 feet of any habitable structure located either on the premises or on any adjacent premises; provided, however, that these restrictions on the location of pools shall not apply to wading pools that are not more than six feet in diameter, and that are used solely by children.
[Ord. No. 1994-23 § 2]
No refrigerators, freezers, ranges, washing machines, dryers
or other appliances shall be placed or stored on the porch, stoop,
balcony, deck, patio or other exterior location or yard of any premises
regardless of whether the said appliance is in working condition,
except at curbside for bulk pick-up, and then only in accordance with
subsection 23-4.5 (Bulk Items). This section shall not be deemed to
prohibit outdoor barbecues or similar equipment specifically designed
and intended for exterior use that has appropriate safety hardware.
[Ord. No. 1994-23 § 3]
No beds, mattresses, couches, chairs or other furniture not
designed or intended for outdoor use shall be placed, stored or utilized
on any porch, stoop, balcony, deck, patio or other exterior location
or yard of any premises, except at curbside for bulk pick-ups, and
then only in accordance with subsection 23-4.5.
[1966 Code § 3-11.1; Ord. No. 1991-1 § 16]
The term "bicycle" as used in this section shall mean a device
having wheels with tires 10 inches or more in diameter, connected
by a frame of plastic, metal or wood, and arranged to be propelled
by human power. The term "bicycle" as used in this section shall not
include toy bicycles or toy tricycles.
[1966 Code § 3-11.2; Ord. No. 1991-1 § 16]
No person, which term shall include a child of the age of eight
years or over, shall operate or use a bicycle, tricycle or similar
vehicle upon any street, road, avenue, public highway or lane within
the Borough unless it has been registered as hereinafter provided
and a registration sticker, duly numbered, has been affixed to the
bicycle, tricycle or similar vehicle. Further, no person shall rent,
hire out for use, a bicycle, tricycle or similar vehicle unless it
has been registered and a registration sticker, duly numbered, has
been affixed to the bicycle, tricycle, or similar vehicle, as hereinafter
provided.
Persons having bicycles, tricycles or similar vehicles registered
in any other municipality in the State of New Jersey and using or
operating the same upon any street, road, avenue, lane or public highway
in the Borough shall display on the bicycle, tricycle or similar vehicle,
the current registration tag or sticker of that municipality, or shall
be registered in the Borough as hereinafter provided.
[1966 Code § 3-11.3; Ord. No. 1991-1 § 16; Ord. No. 1998-14 § 1]
Application for license sticker and the registration certificate
shall be made to the Police Department, upon a form approved by the
Borough Council. The license sticker and the registration certificate
shall be issued by the Police Department upon receipt of the required
license fee and a certification by the applicant that the bicycle,
tricycle or similar vehicle is in a safe mechanical condition to operate
and a certification of, or proof of ownership of the bicycle, tricycle
or similar vehicle. The licenses shall be permanent until the bicycle,
tricycle or similar vehicle is transferred or sold. The license sticker
issued by the Police Department shall at all times be attached to
the front portion of the frame of the bicycle, tricycle or similar
vehicle, and kept in a conspicuous position thereon, and together
with the registration certificate issued to owner shall be at all
times subject to inspection by any member of the Police Department.
[1966 Code § 3-11.4; Ord. No. 1991-1 § 16]
Every person who sells or transfers ownership of a bicycle,
tricycle or similar vehicle shall report the sale or transfer to the
Police Department and return the license and registration certificate
issued to the person, together with the name and address to whom the
bicycle has been sold or transferred.
[1966 Code § 3-11.5; Ord. No. 1991-1 § 16]
No person shall willfully or maliciously remove, destroy, mutilate
or alter the license sticker during the time that the same is in effect.
[1]
Editor's Note: Former subsection 16-11.6, License Loss, previously
codified herein was repealed in its entirety by Ordinance No. 1998-14.
[1966 Code § 3-11.7; Ord. No. 1991-1 § 16]
All bicycles, tricycles or similar vehicles, when in use in
the Borough at nighttime shall be equipped with a lamp on the front
which shall emit a white light visible from a distance of at least
500 feet to the front, and with a lamp on the rear which shall emit
a red light visible from a distance of at least 500 feet to the rear.
In addition to the red lamp, a red reflector may be mounted on the
rear, of a type approved by the Motor Vehicle Division, which shall
be visible from all distances from 50 feet to 300 feet to the rear
when directly in front of lawful upper beams of head lamps on a motor
vehicle.
[1966 Code § 3-11.8; Ord. No. 1991-1 § 16]
All bicycles, tricycles or similar vehicles, when in use on
any public highway, road or street in the Borough shall carry a suitable
alarm bell attached to the handlebar of such machine which, when rung,
may be heard at a distance of 100 feet. No siren or whistle shall
be used.
[1966 Code § 3-11.9; Ord. No. 1991-1 § 16]
No bicycles, tricycles or similar vehicles shall be ridden on
any of the sidewalks of the Borough. Bicycles, tricycles or similar
vehicles may be ridden upon the boardwalk of the Borough from May
1 to September 15 in each year only between the hours of 6:00 a.m.
and 9:00 a.m., prevailing time. This limitation shall not apply from
September 15 of one year to May 1 of the ensuing year. The provisions
of this subsection shall not prevent the use of toy bicycles or toy
tricycles on a sidewalk or boardwalk by very young children or children
seven years of age or below.
[1966 Code § 3-11.10; Ord. No.
1991-1 § 16]
Every bicycle, tricycle or similar vehicle shall be equipped
with a brake which will enable the operator to make the braked wheels
skid on dry, level, clean pavement.
[1966 Code § 3-11.11; Ord. No.
1991-1 § 16]
Every person operating a bicycle, tricycle or similar vehicle
shall at all times operate the same:
a.Â
With due regard for the safety of other persons and vehicles lawfully
upon the streets, highways, parkways and public places, as well as
for his own or her own safety, and shall at all times and under all
conditions, yield the right of way to pedestrians on the streets,
highways, parkways, public places and on the crosswalks.
b.Â
In compliance with all vehicle traffic laws which apply to bicycles,
tricycles or similar vehicles, and all vehicle traffic signs and signals
erected for the regulation of traffic.
c.Â
Properly and shall not ride other than upon or astride a permanent
and regular seat attached thereto, nor shall be/she ride with his/her
feet removed from the pedals, or with both hands removed from the
handlebars, nor shall be/she practice any trick or fancy riding in
a street. No bicycle shall be used to carry more persons at one time
than the number for which it is designed and equipped.
d.Â
Without attaching the same or himself/herself to any vehicle upon
a roadway and no operator of any vehicle shall knowingly allow any
person riding upon any bicycle to attach the same or himself/herself
to the vehicle.
e.Â
In accordance with all applicable laws as established by N.J.S.A.
39:4-1 et seq. and the amendments thereto and supplements thereof,
and all ordinances passed by the Borough as to the regulations of
traffic: before turning or changing the direction upon any street,
highway, parkway or public place, the rider shall give a signal, by
the extension of the hand to indicate the direction in which he/she
intends to proceed.
[1966 Code § 3-11.12; Ord. No.
1991-1 § 16]
a.Â
Inspection of Bicycles, Tricycles or Similar Vehicles. Any Police
Officer may inspect any bicycle, tricycle or similar vehicle at any
time if he/she has reason to believe that it has not been validly
registered, does not have its registration sticker properly attached,
or has a mechanical defect which renders the bicycle, tricycle or
similar vehicle unsafe to operate.
b.Â
Impounding of Unsafe Bicycles, Tricycles or Similar Vehicles. If
a Police Officer determines that a bicycle, tricycle or similar vehicle
is so defective or unsafe as to constitute a danger to the safety
of the person operating it or to others, he/she may impound the bicycle,
tricycle or similar vehicle immediately. A bicycle, tricycle or similar
vehicle that has been impounded shall not be released until the registered
owner has given satisfactory proof that the defect that led to the
impounding will be corrected prior to the bicycle, tricycle or similar
vehicle again being operated in the Borough.
c.Â
Impounding Generally of Bicycles, Tricycles or Similar Vehicles.
When a bicycle, tricycle or similar vehicle is impounded because of
violation of the provisions of this section or it is unsafe, or has
been abandoned or lost, or seized because it was found in the possession
of a person who is not the legal owner thereof and the bicycle, tricycle
or similar vehicle is not reclaimed by or restored to the legal owner,
if known by the Police Department, after 90 days from the date of
its impoundment or seizure, the bicycle, tricycle or similar vehicle
shall be sold at public auction. Notice containing description of
bicycles, tricycles or similar vehicles to be sold at public auction
and place and time of public auction shall be published in the official
newspaper of the Borough at least 10 days prior to the date of sale.
Proceeds of the auction shall be remitted by the Police Department
to the Borough Treasurer.
d.Â
Violations in General. Any person shall be guilty of a violation
of this section who:
1.Â
Fails to register a bicycle, tricycle or similar vehicle owned by
him/her and operated on the streets or public highway of the Borough.
2.Â
Fails to report the transfer of ownership of a bicycle, tricycle
or similar vehicle provided herein.
3.Â
Knowingly operates or permits the operation of a bicycle, tricycle or similar vehicle owned by him/her which is unregistered or which has a mechanical defect rendering the bicycle unsafe to operate or otherwise violates the terms of this section. He/she shall, if under the age of 18, appear before the Chief of Police, or his or her designated representative, with his or her parent or guardian, upon proper notice showing the nature of his/her offense, and showing cause why his/her registration should not be suspended or revoked; if 18 years of age or over, complaint for violation shall be made before the Municipal Court and the Municipal Judge, upon conviction of a defendant for an offense under this section, may impose the penalty provided for by Section 16-10.
4.Â
Permits his child or ward, who is over the age of eight and under
the age of 18, to operate a bicycle, tricycle or similar vehicle without
proper registration or in an unsafe condition, or otherwise in violation
of the provisions of this section.
[1966 Code § 3-12.1; Ord. No. 1991-1 § 16; Ord. No. 1991-24 § 1; Ord. No. 1994-17 § 1; Ord. No. 1994-5 § 1; Ord. No. 1994-21 § 1; Ord. No. 1994-44 § 1; Ord. No. 1996-25 § 1; Ord. No. 2000-14 § I; Ord. No. 2008-14 § II]
It shall be unlawful, and shall be a public nuisance, for any
person:
a.Â
To make any indecent exposure or exhibition of any kind in or upon
any street, road, highway, place, alley or lane, public or private,
in the Borough; or
b.Â
To expose to public view, within the aforesaid Borough, his or her
genitals, pubic hair, buttocks, perineum, anal region or pubic hair
region; or
c.Â
(Reserved)
d.Â
(Reserved)
e.Â
To make any indecent exposure of his or her private parts, or engage
in any lewd or indecent act or behavior; or
f.Â
To urinate or defecate in public places or streets, or on the lawns
or yards of private homes and residences, or in the public view.
g.Â
No radio, phonograph, tape or cassette player, television, musical
instrument, loudspeaker, or amplifier, or other machine or device
for the electronic or stereophonic production or reproduction of sound
may be operated on any public street, sidewalk, park, recreation area,
marina or other public place unless equipped and operated only with
headphones.
h.Â
To bring, consume or possess an open container of alcoholic beverage, malt alcoholic beverage or wine in any public place within the Borough 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 (formerly N.J.S.A. 2A:170-25.2-23) except as specifically permitted pursuant to Chapter 17 Alcoholic Beverage Control of the Borough of Belmar Revised General Ordinances.
i.Â
To park any vehicle in a front yard, side yard or rear yard as defined
by Article 2 "Definitions" of the Development Regulations of the Borough
of Belmar, except in a parking area constructed in accordance with
an approved site plan, or in a driveway.
[1966 Code § 3-12.2; Ord. No. 1991-1 § 16; Ord. No. 1996-25 § 2]
Violators of any paragraph or provision of this section shall be subject to the penalty provisions of Section 1-5 of this revision.
The penalty for a violation of subsection 16-12.1i will be $50 plus court costs, payable through the Belmar Municipal Court Violations Bureau.
[1966 Code § 3-13; Ord. No. 1991-1 § 16]
No person shall set off or discharge any revolver, rifle, shotgun, pistol, gun, cannon, weapon or firearm of any description using cartridges or gunpowder for ammunition, provided that nothing contained herein shall be construed to extend to any Police Officer in line of duty. Violators of this section shall be subject to the penalty provisions of Section 16-10 of this Revision.
[1966 Code § 3-14.1; Ord. No. 1991-1 § 16; Ord. No. 1994-50 § 1; Ord. No. 1998-02 § 1; Ord. No. 2005-11; Ord. No. 2011-5]
No persons in a public park, recreation area or any other public
property shall:
a.Â
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any buildings, bridges, tables, benches, fireplaces, railing,
pavings or paving materials, water lines or other public utilities
or parts or appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts, or other boundary
markers, or other structures or equipment, facilities or park property
or appurtenances whatsoever, either real or personal.
b.Â
Fail to cooperate in maintaining restrooms and washrooms in a neat
and sanitary condition. No person over the age of six years shall
use the restrooms and washrooms designated for the opposite sex.
c.Â
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants
or other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency.
d.Â
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon, or across such lands, except on special written permit
issued hereunder by the Mayor and Borough Council.
e.Â
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, or pick flowers or seed of any tree or plant, dig in or
otherwise disturb grass areas, or in any other way injure the natural
beauty or usefulness of any area.
f.Â
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
g.Â
Tie or hitch an animal to any tree or plant.
h.Â
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot,
throw missiles at, or provide food or nourishment to, any animal,
wildlife, reptile or bird; "bird" shall include, but not be limited
to, any ducks, geese, Canada geese, pigeons, shore bird, whether native
or domesticated, introduced or feral game bird. No one shall remove
or have in his/her possession the young of any wild animal, or the
eggs or nest, or young of any wild animal, or the eggs or nest, or
young of any reptile or bird. Exception to the foregoing is made in
that those snakes known to be deadly poisonous or deadly reptiles
may be killed on sight. Penalties: Any person who shall violate the
provisions of this section by providing food or nourishment to any
animal, wildlife or bird shall be subject to a fine of $10.
i.Â
Throw, discharge, or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in or adjacent to any park or any tributary stream, storm sewer, or
drain flowing into such water, any substance, matter or thing, liquid
or solid, which will or may result in the pollution of such waters.
j.Â
Have brought in or shall dump in, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or
refuse, or other trash. No such refuse or trash shall be placed in
any waters in or contiguous to any park, or left anywhere on the grounds
thereof, but shall be placed in the proper receptacles where these
are provided. Where receptacles are not provided, all such rubbish
or waste shall be carried away from the park by the person responsible
for its presence, and properly disposed of elsewhere.
k.Â
Drive any vehicle on any area except the paved park roads or parking
areas, or such areas as may on occasion be specifically designated
as temporary areas by the Mayor and Borough Council.
l.Â
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions thereat
and with the instruction of any attendant who may be present.
m.Â
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park areas, except a municipal vehicle duly
authorized or a police vehicle on duty, or except as permitted by
ordinance.
n.Â
Leave a bicycle in a place other than a bicycle rack when such is
provided and there is space available.
o.Â
Ride a bicycle without reasonable regard to the safety of others.
p.Â
Leave a bicycle lying on the ground or paving or set against trees,
or in any place or position where other persons may trip over or be
injured by it.
q.Â
Swim, bathe, or wade in any waters or waterways in or adjacent to
any park, except in such waters and at such places as are provided
therefor, and in compliance with such regulations as are herein set
forth or may be hereinafter adopted. Nor shall any person frequent
any waters or places customarily designated for the purpose of swimming
or bathing or congregate thereat when such activities are prohibited
by the Borough Council or the Health Officer of the Borough upon a
finding that such use of the water would be dangerous or otherwise
inadvisable.
r.Â
Fish in any area where bathing is permitted.
s.Â
No person shall carry or possess firearms of any description, or
air rifles, spring guns, bow and arrows, slings or any other forms
of weapons potentially inimical to wildlife and dangerous to human
safety, or any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
t.Â
Picnic or lunch in a place other than those designated for that purpose.
Attendants shall have the authority to regulate activities in such
areas when necessary to prevent congestion and to secure the maximum
use for the comfort and convenience of all. Visitors shall comply
with any directions given to achieve this end.
u.Â
Use any portion of the picnic area or any of the buildings or structures
therein for the purpose of holding picnics to the exclusion of other
persons, nor shall any person use such areas and facilities for an
unreasonable time if the facilities are crowded.
v.Â
Leave a picnic area before all trash is placed in the disposal receptacles
where provided. If no such trash receptacles are available, then trash
shall be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
w.Â
Set up tents, shacks, or any other temporary shelter for the purpose
of overnight camping, nor shall any person leave in a park after closing
hours any movable structure or special vehicle to be used or that
could be used for such purpose, such as house trailer, camp trailer,
camp wagon, or the like except in those areas designated by the Borough
Council for those purposes.
x.Â
Take part in or abet the throwing or otherwise propelling objects
such as, stones, arrows, javelins, horseshoes, quoits, or model airplanes
except in those areas set apart for such forms of recreation. The
playing of rough or comparatively dangerous games such as football,
baseball and lacrosse is prohibited except on the fields and courts
or areas provided therefor. Roller-skating shall be confined to those
areas specifically designed for such pastime.
y.Â
Ride a horse; neither shall horses be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree, or shrub.
z.Â
Smoke
any cigarettes, cigars, or other tobacco product while located upon
public property, including but not limited to all public parks, recreational
areas, playgrounds, and the Library at any time. In addition thereto,
no person shall smoke cannabis, or other cannabis based products as
defined by P.L. 2021, c. 16, commonly known as the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act" ("the Act"),[1] while located upon public property, including but not
limited to all public parks, recreational areas, playgrounds and the
Library at any time.
[Added 5-18-2021 by Ord. No. 2021-10[2]]
1.Â
The
term "smoke" shall be interchangeable with term "smoking" as seen
throughout this section, and shall mean the burning of, inhaling and
exhaling smoke from, or the possession of a lighted cigar, cigarette,
pipe, vaporizer, or any other matter or substance which contains tobacco,
cannabis, or any other matter that can be smoked, or the inhaling
of exhaling of smoke or vapor from an electronic smoking device.
[1966 Code § 3-14.2; Ord. No. 1991-1 § 16]
While in a public park or recreation area, all persons shall
conduct themselves in a proper and orderly manner, and in particular,
no person shall:
a.Â
Bring in alcoholic beverages, drink same at any time, or be under
the influence of intoxicating liquor in a park or recreation area.
b.Â
Have in his/her possession, or set or otherwise cause to explode
or discharge or burn, any firecrackers, torpedo rockets, or other
fireworks, firecrackers, or explosives of inflammable material, or
discharge them or throw them into any such areas from lands or highways
adjacent thereto. This prohibition includes any substance, compound,
mixture or article that, in conjunction with any other substance or
compound, would be dangerous from any of the foregoing standpoints.
At the discretion of the Borough Council, permits may be given for
conducting properly supervised fireworks in designated park areas,
subject to statutory requirements as to protection and insurance.
c.Â
Be responsible for the entry of a dog or other domestic animal into areas clearly marked by signs bearing the words "Domestic Animals Prohibited in this Area." Nothing herein shall be construed as permitting the running of dogs at large. All dogs in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than six feet in length and shall be subject to controls and prohibition set forth in Chapter 22 Animals.
d.Â
Occupy any seat or bench, or enter into or loiter or remain in any
pavilion or any other park structure or section thereof which may
be reserved and designated for the use of the opposite sex. Exception
is made for children under six years of age. Same shall be true for
reservations and designations thereof for senior citizens.
e.Â
Solicit alms or contributions for any purpose, whether public or
private.
f.Â
Build or attempt to build a fire except in such areas and under such
regulations as may be designated by the Borough Council. No person
shall drop, throw or other-wise scatter lighted matches, burning cigarettes
or cigars, tobacco paper or other inflammable material within any
park or on any highways, roads, or streets abutting or contiguous
thereto.
g.Â
Enter an area posted as "Closed to the Public," nor shall any person
use, or abet in the use of any area in violation of posted notices.
h.Â
Gamble, or participate in or abet any game of chance except in such
areas and under such regulations as may be designated by the Borough
Council.
i.Â
Go onto the ice on any of the waters except such areas as are designated
as skating fields, and provided a safety signal is displayed.
j.Â
Sleep in any public park, recreation area, or on any public street,
sidewalk, or area is prohibited. If the offense occurs between the
hours of 10:00 p.m. and 6:00 a.m., prevailing time, a minimum fine
of $100 shall be imposed after a finding or a plea of guilty.
k.Â
Fail to produce and exhibit any permit from the Borough he/she claims
to have upon request of any authorized person who shall desire to
inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
l.Â
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
m.Â
Expose or offer for sale any article or thing, nor shall be/she station
or place any stand, cart, or vehicle for the transportation, sale
or display of any such article or thing. Exception is here made as
to any regularly licensed concessionaire acting by and under the authority
and regulation of the Borough.
n.Â
Paste, glue, tack or otherwise post any sign, placard, advertisement,
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any public lands or highways or roads
adjacent to a park.
[1966 Code § 3-14.3; Ord. No. 1991-1 § 16]
a.Â
Except for unusual and unforeseen emergencies, parks shall be open
to the public every day of the year during the designated hours. The
opening and closing hours for each individual park shall be posted
therein for public information and shall be determined from time to
time by Resolution of the Borough Council.
b.Â
Any section or part of any park may be declared closed to the public
by the Mayor and Borough Council at any time and for any interval
of time, either temporary or at regular and stated intervals (daily
or otherwise) and either entirely or merely to certain uses, as the
Mayor and Borough Council shall find reasonably necessary.
[1966 Code § 16-14.4; Ord. No.
1991-1 § 16; Ord. No.
1992-26 § 1; 1999-01 §§ 2,
3; Ord. No. 2010-01 § I; Ord. No. 2011-15 § 3; Ord. No. 2017-06 § 3]
A person or organization desiring to hold any concert, race,
walkathon, fair, carnival, festival, celebration, show, block party,
or other similar event in or upon any public grounds or private property,
park, beach or road of the Borough, must first apply for and obtain
a permit from the Borough Clerk in accordance with the requirements
of subparagraph a of this section. Any such concert, race, walkathon,
fair, carnival, festival, celebration, show, block party or other
similar event, which is likely to require the expenditure of Borough
resources in the form of Department of Public Safety and/or Department
of Public Works salaries, wages or other expense, shall constitute
a "Special Event." To obtain a permit for a special event, the applicant
shall also satisfy the requirements of subparagraph b of this section.
In order to further define a "special event" the following shall
be inclusive:
Closing of a public street, the blocking or restriction of public
property, the sale of merchandise, food, or beverages on public property
outside the central business district, or on private property where
otherwise prohibited by ordinance. The installation of a stage, bandshell,
trailer, van, portable building, grandstand or bleachers on public
property, or on private property where otherwise prohibited by ordinance.
Placement of portable toilets on public property, or on private property
where otherwise prohibited by ordinance, or placement of temporary
No Parking signs on a public right-of-way.[1]
a.Â
Application.
1.Â
A person or organization seeking issuance of a permit hereunder shall
file the application with the Borough Clerk on a form to be provided
by the Clerk for that purpose, on which form the applicant shall furnish
the following information:
(a)Â
The name, address and telephone number of the applicant.
(b)Â
The name, address and telephone number of the person, persons,
corporation or association sponsoring the activity.
(c)Â
A detailed description of the proposed event and a sketch that
would show the area or route to be used, along with proposed structures,
tents, fences, barricades, signs, banners and restroom facilities,
more commonly referred to as a footprint.
(d)Â
The date(s) and hours for which the permit is desired.
(e)Â
The location of the event for which the permit is desired, and
complete details as to how the applicant intends to provide for security
and traffic control.
(f)Â
The number of contestants, participants, spectators and/or other
people that could reasonably be anticipated to attend the event.
(g)Â
A detailed description of the Borough resources or services
that will be required to be provided in connection with the event.
(h)Â
Any other information which the Borough Clerk shall find reasonably
necessary to a fair determination as to whether a permit should be
issued hereunder.
b.Â
Review of Application. The Special Events Committee shall present
to the Borough Council their recommendations during their regularly
scheduled meeting. In the event that any Council Member voices concern
that the event to be held requires additional investigation, he/she
may direct that the application be referred back to the Special Events
Committee and the Special Events Citizens Advisory Committee. The
Council shall make the final determination, by Resolution adopted
by majority vote, whether to issue a Permit for a Special Event, and
shall set forth in the Resolution such conditions and restrictions
as may be reasonably necessary to insure that the standards set forth
in subparagraph c are satisfied.
1.Â
The Special Events Committee shall consist of the following members:
a Council Member appointed by the Mayor with the advice and consent
of the Borough Council, a member of the Tourism Commission, the Borough
Administrator, the Chief of Police, the Superintendent of Public Works,
the Recreation Director, the Emergency Management Coordinator and
Fire Official. The Council representative or Business Administrator
shall serve as the Chairman of the Committee. The Special Events Committee
as a whole shall make a recommendation to the Borough Council within
30 days of receipt of an application regarding whether a permit for
the proposed special event should be issued, and under what conditions
and restrictions.
2.Â
The Special Events Citizens Advisory Committee shall consist of 12
members who shall be appointed by the Mayor with the advice and consent
of the Borough Council. The Committee shall be chaired by the Council
Member who has been appointed to the Special Events Committee. Two
of the members of the Special Events Citizens Advisory Committee shall
be members of the Belmar Chamber of Commerce. All of the other members
of the Special Events Citizens Advisory Committee shall be residents
of the Borough. The Special Events Citizens Advisory Committee may
meet at least monthly or at such additional time as may be required.
c.Â
Standards.
1.Â
The standards for the issuance of a permit pursuant to this section
shall include the following findings:
(a)Â
That the proposed event will not unreason-ably interfere with
or detract from the general public enjoyment of the public park, beach
or roadway to be utilized.
(b)Â
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)Â
That the proposed activity or uses that are reasonably anticipated
will not be likely to include violence, crime or disorderly conduct.
(d)Â
That the facilities desired have not been reserved for other
use at the date and hour requested in the application.
(e)Â
A deposit of at least 50% of the estimated costs shall be paid
not less than five days before the event. All or part of the required
fees may be waived by the Mayor and Borough Council.
(f)Â
That a block party, or any similar event by whatever name employed,
is only open to the residents of a block or neighborhood and their
invited guests, and where the purpose of the event is to promote a
sense of community among the residents of a block or neighborhood.
As part of the application for a block party, the organizers shall:
provide a signature list with names and addresses of at least 50%
of the properties in the block/neighborhood affected by the event
supporting the application; and provide a means of alternate ingress
and egress for neighbors not participating in the block party; and
if approved a plan to provide sufficient advanced notice to neighboring
blocks, and where all other requirements of this section have been
met subject to the review and approval of the Special Events Committee
and the Borough Council.
d.Â
Liability and Revocation.
1.Â
Liability. A permittee shall be bound by all applicable Borough ordinances,
rules and regulations, except as expressly set forth in the Resolution.
The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued. The permittee shall submit to the Borough
Clerk prior to the event evidence of liability insurance in an amount
required by the Borough Council, naming the Borough as an additional
insured. The permittee shall be responsible for all additional costs
incurred in the event that, as a result of this activity, additional
resources are needed, such as but not limited to, manpower and/or
equipment.
2.Â
Revocation. The Mayor and/or Chief of Police shall have the authority
to revoke a permit upon a finding of violation of any rule or ordinance
or upon good cause shown.
4.Â
Penalty. A person who violates a provision of this chapter shall
be guilty of a separate offense for each day or part thereof during
which the violation is committed or continued. Each offense shall
be punishable by a fine not to exceed $500.
e.Â
Exclusion. The Borough Council may by majority vote waive the requirements
of this section if the event to be held does not exceed a total of
75 participants. All Borough-sponsored events shall be exempt from
provisions of this section.
f.Â
Purpose and Intent. To enable the Borough and the Borough Council
to have control over the type and scope of events to be held within
the confines of the Borough, while insuring input by all those facets
of the community upon which the special event shall have impact.
[1966 Code § 3-14.5; Ord. No. 1991-1 § 16]
a.Â
The Police Department of the Borough and park attendants shall, in
connection with their duties imposed by law, diligently enforce the
provisions of this section.
b.Â
The Police Department of the Borough and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this section.
c.Â
The Police Department of the Borough and any park attendant shall
have the authority to seize and confiscate any property, thing, or
device in the park used in violation of this section.
[1966 Code § 3-15; Ord. No. 1991-1 § 16]
[1966 Code § 3-16.1; Ord. No. 1991-1 § 16]
In accordance with and pursuant to the authority of L. 1988,
c. 44 (C. 2C:35-7), the Drug-free School Zone Map produced on December
23, 1987, by Birdsall Engineering, Inc., South Belmar, New Jersey,
Borough Engineer, is hereby approved and adopted as an official finding
and record of the location and areas within the Borough 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.
[1966 Code § 3-16.1; Ord. No. 1991-1 § 16]
The Drug-free School Zone Map approved and adopted pursuant to subsection 16-16.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time if any that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
[1966 Code § 3-16.3; Ord. No. 1991-1 § 16]
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 Borough Engineer
and the Borough Attorney of any changes or contemplated changes in
the location and boundaries of any property owned by or leased to
any elementary or secondary school or school board and which is used
for school purposes.
[1966 Code § 3-16.4; Ord. No. 1991-1 § 16]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 16-16.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may 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.
[1966 Code § 3-16.5; Ord. No. 1991-1 § 16]
The following additional matters are hereby determined, declared,
recited and stated:
a.Â
It is understood that the map approved and adopted pursuant to subsection 16-16.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following:
1.Â
The location of elementary and secondary schools within the Borough;
2.Â
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.Â
That such school property is and continues to be used for school
purposes; and
4.Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.Â
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 P.L. 1987, c. 101
(C. 2C:35-7).
c.Â
Pursuant to the provisions of P.L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 16-16.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
d.Â
All the requirements set forth in P.L. 1988, c. 44 concerning the
preparation, approval and adoption of a Drug-free School Zone Map
have been complied with:
[Ord. No. 1999-29]
In accordance with and pursuant to the authority of L. 1997,
c. 327, (N.J.S.A. 2C:35-7.1), the Drug-free Zone Map produced on April
23, 1998, by Birdsall Engineering, Inc., South Belmar, New Jersey,
Borough Engineer, is hereby approved and adopted as an official finding
and record of the location and areas within the Borough of properties
which are used for:
a.Â
Public housing facilities, meaning any dwelling, complex of dwellings,
accommodation, building, structure or facility and real property of
any nature appurtenant thereto and used in connection therewith, which
is owned by or leased to a local housing authority in accordance with
the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (C.40A:12-A-1
et seq.) for the purpose of providing living accommodations to persons
of low income.
b.Â
Public parks, meaning a park, recreation facility or area or playground
owned or controlled by a State, County or local government unit.
c.Â
Public building, meaning any publicly owned or leased library or
museum.
[Ord. No. 1999-29]
The Drug-free Public Housing Facility, Public Park and Public
Building Zone Map approved and adopted pursuant to subsection 16-16A1
of this section shall continue to constitute an official finding and
record as to the location and boundaries of areas on or within 500
feet of property owned by or leased to any public housing facility,
public park or public building which is used for public housing facilities,
public parks or public buildings 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 said property and drug-free
zones.
[Ord. No. 1999-29]
The owner or occupier of any public housing facility, public
park or public building is hereby directed and shall have the continuing
obligation to promptly notify the Borough Engineer and the Borough
Attorney of any changes or contemplated changes in the location and
boundaries of any said property.
[Ord. No. 1999-29]
The Borough Clerk is hereby directed to receive and to keep
on file the original of the map approved and adopted pursuant to subsection
16-16A1 of this section, and to provide at a reasonable cost a true
copy thereof to any person, agency or court which may request such
a copy, along with a certification that such copy is a true copy of
the map approved and adopted herein and kept on file. It is hereby
further directed that a true copy of such map and of this section
shall be provided without cost to the County Clerk and to the office
of the Monmouth County Prosecutor.
[Ord. No. 1999-29]
a.Â
It is understood that the map approved and adopted pursuant to subsection
16-16A1 of this section was prepared and is intended to be used as
evidence in the 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.Â
The location of public housing facilities, public parks and public
buildings within the Borough;
2.Â
The boundaries of the real property which is owned by or leased to
such public housing facilities, public parks and public buildings;
3.Â
That such property is and continues to be used for public housing
facilities, public parks and public buildings; and
4.Â
The location and boundaries of areas, which are on or within 500
feet of such property.
b.Â
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 public housing facility, public park and public
building property was owned by or leased to a public housing facility,
public park or public building and was being used for public housing
facilities, public parks or public buildings as of January 9, 1998,
that being the effective date of P.L. 1997, c.327 (N.J.S.A. 2C:35-7.1).
c.Â
Pursuant to the provisions of P.L. 1997, c.327 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 16-16A1 of this section. The failure of the map approved
herein to depict the location and boundaries of any property which
is, in fact, used for or which is owned by or leased to any public
housing facility, public park and public building 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 public housing facility, public park
or public building, or that such property is not used for said purposes.
d.Â
All the requirements set forth in P.L. 1997, c.327 concerning the
preparation, approval and adoption of a Drug-free Public Housing Facility,
Public Park and Public Building Zone Map have been complied with.
[Ord. No. 1991-32 § 1]
As used in this section:
Shall mean any auto body repair shop or service station which
has a temporary storage facility for disabled or abandoned vehicles
in accordance with the Borough or other municipality's Land Use Ordinance.
Shall mean the person, firm or corporation which owns or
leases and operates or causes to be operated a tow truck and includes
the word owner and permittee.
Shall mean any regular Police Officer, class one or two Special
Police Officer, any State Police Officer, and/or the Code Enforcement
Officer, Zoning Officer or their designees.
Shall begin at 12:01 a.m. of the next day and each day shall
end at 11:59 p.m.
Shall mean a motor vehicle employed for the purposes of towing,
transporting or otherwise carrying other motor vehicles. Referred
to in this section as tow truck/wrecker.
[Ord. No. 1991-32 § 1; Ord. No. 1999-09 § 1]
This section shall apply to any operator seeking to be enrolled on the rotating call list described herein, further the sections pertaining to Rates, subsection 16-17.13, Records and Impoundment Rules, subsection 16-17.14 and Disposal of Abandoned Vehicles, subsection 16-17.17 shall also apply to any vehicle towed and stored by the Borough of Belmar.
[Ord. No. 1991-32 § 1]
No operator shall be eligible for inclusion on the rotating
call list described in this section unless such operator shall obtain
a permit from the Chief of Police of the Borough for each tow truck/wrecker
which will respond to towing calls.
[Ord. No. 1991-32 § 1]
Applications for permits under this section shall be made on
forms secured from the Belmar Police Department. The application shall
include the following information:
a.Â
The full name and address of the operator, and if a corporation,
names and addresses of all officers and shareholders.
b.Â
The description by make, model, license number, year, gross vehicle
weight, vehicle identification number and color of each tow truck/wrecker
for which a permit is requested.
c.Â
The address at which each such tow truck/wrecker will be principally
kept.
d.Â
The address and tax map lot and block number of the authorized storage
facility to which towed vehicles will be taken and at which they will
be stored. In the event that the applicant does not own or control
such an authorized storage facility, the applicant shall present an
agreement (lease) by a person who does own or control such an authorized
storage facility that the applicant has permission to store towed
vehicles at that facility; the agreement (lease) shall be for a term
of not less than the period of validity of the permit or permits sought.
e.Â
The names, addresses, and driver's license numbers of all drivers
of tow trucks/wreckers.
f.Â
The telephone numbers at which the Police Department may summon a
tow truck/wrecker at any time of day or night.
g.Â
Copies of required insurance policies or certificates of insurance.
[Ord. No. 1991-32 § 1]
Applications for permits under this section shall be made to
the Chief of Police. All permits shall be effective for a period of
one year commencing January 1 annually. Applications for permits shall
be filed not later than December 1 of the year preceding the year
for which a permit is sought.
[Ord. No. 1991-32, § 1; Ord. No. 2015-05]
The Chief of Police shall cause an investigation to be made
of each applicant, his business location, authorized storage facility
and the vehicles for which permits are sought. A permit shall not
be issued for any tow truck/wrecker owned, leased, managed, or operated
by a person convicted of a crime or a disorderly persons offense of
moral turpitude. Upon completion of the local investigations and inspections
called for in the section, the Chief of Police shall either issue
the permits applied for or, if any such permit is refused, the Chief
of Police shall inform the applicant of the denial and the specific
reason therefor. The permit shall be issued by the Chief of Police
when he/she finds that the applicant has complied with the following
requirements:
a.Â
All requirements of this section and other ordinances of the Borough
and other municipalities and the laws of the State of New Jersey.
b.Â
The tow truck/wreckers have been properly licensed and conform to
the laws of the State of New Jersey.
c.Â
The tow truck/wreckers to be approved meet the required minimum standards
set forth herein.
[Ord. No. 1991-32 § 1]
The following are the minimum standards for tow truck/wreckers
for which permits are sought under this section:
a.Â
A regular duty tow truck/wrecker shall be able to tow or carry all
makes of passenger cars and small trucks, including pickup and small
panel trucks and must have or be equipped with the following:
1.Â
All tow truck/wreckers shall be a minimum of one ton registered gross
weight according to the manufacturer's specifications and shall have
dual rear wheels or the equivalent.
2.Â
A power take-off controlled winch with a minimum cable thickness
of 3/8 inch or the equivalent.
3.Â
Registered gross weight equal to the vehicles to be towed, with a
minimum of 10,000 pounds registered gross vehicle weight.
4.Â
A 3/8 inch safety chain. The life chain and the safety chain are
not to be attached in any form or manner to the same part of the tow
truck/wrecker.
5.Â
Front and rear flashing hazard lights.
6.Â
A 360° rotating amber beacon light mounted over the cab or an
approved light bar.
7.Â
All lights shall be of such candlepower and intensity as to be visible
1/4 of a mile away.
8.Â
The company name, address, and phone number permanently affixed on
both sides of the tow truck/wrecker. The letters and numbers shall
be a minimum of three inches in height.
9.Â
A portable car dolly.
10.Â
Approved towing slings.
11.Â
Broom and shovel and sufficient equipment to clean up any debris
on the roadway. The operator must clean away the debris at the scene.
12.Â
Commercial motor vehicle plates.
b.Â
Heavy duty tow truck/wreckers shall be used for the hauling of trucks, buses or other vehicles over 10 tons: heavy duty tow truck/wreckers shall comply with subsections 16-6.1 (a), (7), (8), (10), (11), and (12) of this section pertaining to requirements for regular duty tow truck/wreckers and shall also have or be equipped with the following:
1.Â
Dual rear wheels.
2.Â
Power take-off controlled winch with a minimum cable thickness of
5/8 inches.
3.Â
Four double-faced rear flashing amber lights mounted high enough
to be seen over the vehicle.
4.Â
One-half inch safety chain. The lift chain and safety chain are not
to be attached in any form or manner to the same part of the tow truck/wrecker.
5.Â
Air brakes.
6.Â
Connecting air lines for connection with the air compressor and air
brake lines of the towed vehicle.
7.Â
Detachable amber flashing bar lights to be attached to the rear of
the towed vehicle.
8.Â
Two speed rear axle and differential or dual transmission of five
speed transmission.
9.Â
The operator must clean away debris at the scene.
[Ord. No. 1991-32 § 1; Ord. No. 2015-05]
Each permittee shall execute an indemnification agreement indemnifying
the Borough and holding it harmless from any and all claims arising
directly or indirectly from the actions of the permittee. Each permittee
shall obtain and keep in effect the following policies of insurance
naming the Borough as an additional insured:
a.Â
Garage Keeper's Policy. A garage keeper's liability policy covering
vehicles while stored against loss by fire or other casualty in the
minimum amount of $100,000.
b.Â
Liability Policy for Vehicles While Being Towed. A policy covering
the operation of the applicant's equipment, vehicles and wreckers
for any bodily injury or property damages in the minimum amount of
$300,000 per person, $500,000 per incident and $100,000 property damage.
Each policy described herein shall contain an endorsement providing
for 10 days' notice to the Borough in the event of cancellation thereof.
If an operator to whom a permit has been issued fails to keep the
required insurance in effect, the Chief of Police shall immediately
suspend the permit issued and shall take from the operator the permit
and any device identifying the permit.
[Ord. No. 1991-32 § 1; Ord. No. 2015-05]
The Chief of Police shall issue for each approved tow truck/wrecker
a permit in such form as may be determined by him or her, which shall
at all times be in possession of approved driver. The permit shall
bear the name of the operator of the tow truck/wrecker, the license
number of the tow truck/wrecker, the expiration date of the permit
and the signature of the Chief of Police or his or her designee. The
cost for each driver permit will be $25.
[Ord. No. 1991-32 § 1]
The Chief of Police is hereby authorized to establish reasonable
rules and regulations consistent with this section for the inspection
of tow truck/wreckers and facilities required under this section.
The Chief of Police shall also have the right to inspect approved
tow truck/wreckers and facilities from time to time to determine that
there is ongoing compliance with the requirements of this section.
If the Chief of Police determines that the terms of this section are
being violated by a permittee or if he or she receives notice from
the Land Use officer that a permittee is storing towed vehicles at
an unauthorized location, he or she may order immediate correction
of any non-compliance, specifying a reasonable period within which
such corrections are to be made, failing which he or she may revoke
or suspend permits. Notice of such suspension or revocation shall
be given to the permittee and, if requested, a hearing shall be conducted
by the Chief of Police or his or her designee, at which the permittee
shall be entitled to produce arguments and evidence as to why any
suspension or revocation should not be effective against such permittee.
[Ord. No. 1991-32 § 1; Ord. No. 1999-09, § 3; Ord. No. 2015-05]
a.Â
Complaints shall be made to the Belmar Police Department on forms
designated by the Department for such purpose.
Complaints received by the Belmar Police Department by either
tow vendors, storage facilities or customers shall be investigated
by traffic officers of the Belmar Police Department. Officers shall
complete full investigations of such complaints and forward their
findings and recommendations, in writing, to the Chief of Police for
any action to be taken.
Violations by towing vendors of this policy may result in revocation
and return of Borough towing license and exclusion from towing rotation.
Any towing vendor license granted in accordance with this policy
may be suspended or revoked at the discretion of the Chief of Police
for violations to include the following:
1.Â
Misstatement or false representation in application.
2.Â
Failure to maintain insurance in accordance with this chapter.
3.Â
Violation of any other section of this chapter.
4.Â
Violation of any law or regulation of the Borough of Belmar/State
of New Jersey which would be deemed grounds for suspension/revocation
by the Chief of Police.
b.Â
A towing vendor whose license has been suspended and/or revoked by
the Chief of Police may request, in writing, a hearing before the
Borough Administrator in the event that said vendor does not believe
the suspension/revocation to be appropriate.
An informal hearing will be scheduled at the discretion of the
Administrator at which the towing vendor and Chief of Police (or his
designee) shall present their respective complaints.
The Administrator shall then rule as to his findings in regard
to the suspension/revocation. The decision of the Administrator shall
be the final resolution of the licensing matter.
[Ord. No. 1991-32 § 1]
The Chief of Police shall keep a record of the names and addresses
of all persons owning or operating tow trucks/wreckers and the date
and complete record of inspection made of each vehicle.
[Ord. No. 1991-32 § 1; Ord. No. 2001-38; Ord.
No. 2015-05]
a.Â
The vehicle owner shall pay charges for transportation, hauling or
service of disabled vehicles. Any unoccupied vehicle parked or standing
in violation of any provisions of this Code shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic, and any
Police Officer may provide for the removal of such vehicle by an approved
tow truck/wrecker or operator of any approved tow truck/wrecker. The
owner of the vehicle shall pay the costs of the removal and storage
before regaining possession of the vehicle according to the following
rates:
1.Â
For towing any passenger automobiles a maximum fee of $95 may be
charged. A maximum fee of $125 may be charged for this service between
the hours of 7:00 p.m. and 7:00 a.m. Motorcycles, station wagons,
pickup trucks and panel trucks shall be considered the same as passenger
automobiles for the purpose of determining rates.
2.Â
For every day of dead outdoor storage, $30 per day may be charged
for passenger automobiles, trucks and omnibuses and $45 per day may
be charged for tractor trailers.
3.Â
If a flatbed truck must be used for towing, the maximum fee of $95
may be charged for the tow during daytime and $125 from 7:00 p.m.
to 7:00 a.m.
4.Â
Waiting time and/or winching time for wrecker may be charged at a
flat rate fee of $35 per 1/2 hour. Waiting time charged shall not
begin until at least 1/2 hour after the time of arrival of the tow
truck/wrecker at the scene.
5.Â
If a heavy-duty wrecker is required for towing, the charge shall
be $200 per vehicle plus $3 per mile for towing to the authorized
storage facility. If a heavy-duty wrecker must be used for removal
of vehicles from accidents, the minimum charge shall be $200.
6.Â
Borough of Belmar vehicles tow will be done at no charge within the
borders of Belmar. Towing outside the borders of Belmar shall be $3
per mile.
b.Â
Every operator of a tow truck/wrecker shall give the owner of the
vehicle a written, itemized receipt for the fee paid. Copies of receipts
shall be maintained by the operator for two years and shall be available
for inspection by authorized Borough officials. Each receipt shall
have imprinted on the reverse side, a Schedule of Fees and Charges.
The Schedule of Fees and Charges shall be posted in the area where
these transactions normally take place.
c.Â
Rates specified herein will be reviewed by the Finance Committee
of the Borough Council on a yearly basis. Operators are permitted
to petition the Borough Council, in writing, as to prevailing rates.
d.Â
The above rates shall comply with any promulgation of the Commissioner
of Insurance as per N.J.S.A. 17:33B-47 regarding towing and storage
fee schedule for the reimbursement of towing charges and storage charges
for private passenger automobiles that are damaged in accidents or
are recovered after being stolen.
[Ord. No. 1991-32 § 1]
a.Â
Vehicles Impounded by the Police Department. All permittees on the
towing list shall maintain a record regarding vehicles notified by
a Police Officer of the Borough to have been impounded. This record
shall be made available to the Chief of Police or his/her designee
for inspection upon request and shall contain the following information:
1.Â
The date, time, location, and name of the tow truck/wrecker who towed
the vehicle at the Department's request.
2.Â
The location of the vehicle after being towed.
3.Â
Identification of the impounded vehicle; to include make, year, model,
color, license number and vehicle identification number, and name
of registered owner if known.
4.Â
After towing of an impounded vehicle to an authorized storage facility,
the permittee, upon request, shall make the vehicle available to any
authorized Police Officer of the Borough for a search and inventory
of any and all property. A copy of that inventory will be provided
to the permittee as well as to the Chief of Police.
b.Â
Any vehicle impounded by the Police shall not be released without
a written order from the Police Department.
c.Â
A written record shall be kept or maintained by the permittee indicating
the name of the person receiving the vehicle, the type of proof of
ownership presented, and the name of the person releasing the vehicle.
d.Â
It shall be the responsibility of the permittee to obtain proper
proof of ownership and identification prior to the release of any
vehicle. Release of any vehicle to an unauthorized person by the permittee
may result in suspension or revocation of permits.
[Ord. No. 1991-32 § 1]
a.Â
The Chief of Police is hereby directed to establish a system of rotation
in the assignment of a tow truck/wrecker called the Rotating Call
List. The system shall be designed to provide a fair opportunity for
all permittees to participate in the towing and storage of vehicles
as authorized by this section. Where a permittee owns or is otherwise
interested in separate motor vehicle businesses which employ tow truck/wreckers,
the Chief may include each separate business on the towing list notwithstanding
common ownership or interest, provided that each such business is
conducted on a separate lot as shown on the tax map, each such business
has its own tow truck and is otherwise capable of providing the towing
and storage services described in this section, and provided further
the intent of this section to provide a fair opportunity for all permittees
to participate in the program as described herein. The maximum number
of businesses eligible for inclusion on the list where a permittee
has common ownership or interest shall be two. Tow truck/wreckers
shall be called to provide services by the Belmar Police Department
from the rotating call list only. No operator shall respond to the
scene until requested by the Belmar Police Department.
b.Â
The owner of the disabled vehicle must be informed, if possible,
of the tow truck/wrecker service to be summoned prior to the call.
Should the owner decline the service of the tow truck/wrecker service
given from the rotation call list, the owner may request an alternate
service of his/her own choosing which will be permitted if that service
can respond within a reasonable time.
[Ord. No. 1991-32 § 1; Ord. No. 2015-05]
Each application for a permit shall be accompanied by a fee
of $100 per business and a registration fee of $25 per vehicle for
the year 1991. For all application for a permit to be effective for
the year 1992 and all other years, the initial fee shall be $250 per
business with a registration fee of $25 per vehicle.
[Ord. No. 1991-32 § 1]
If, at the end of 30 days the registered owner of the motor
vehicle has not claimed his/her vehicle, then the operator shall be
permitted to request that the Chief of Police submit the appropriate
application for a salvage permit for the vehicle. This provision applies
only to motor vehicles directed to be towed by the Police Department.
[Ord. No. 2015-05]
a.Â
Unattended cars cannot be towed from private parking lots, unless:
1.Â
There is a sign, no smaller than 36 inches high by 36 inches wide,
posted at vehicular entrances to the property stating:
(a)Â
The purposes for which parking is authorized;
(b)Â
The times when parking is permitted;
(c)Â
That unauthorized parking is prohibited and unauthorized vehicles
will be towed at the owner's expense;
(d)Â
The name of, and contact information for, the towing company
and the address of the storage facility-which must be secure and located
within a reasonable distance of the property-to which the vehicle
will be towed;
(e)Â
The charges for towing and storage and the times during which
the vehicle may be redeemed; and
(f)Â
Contact information for the Division of Consumer Affairs (1-800-242-5846).
2.Â
The property owner and the towing company have a contract for the
towing and the property owner has authorized the towing company to
remove the particular vehicle.
The requirements do not apply to a single-family home or an
owner-occupied multi-unit structure, and the signage requirements
are different for a residential community with clearly marked assigned
spaces for residents.
b.Â
Unlawful Practices for Towing Companies.
This section prohibits towing companies from the following:
1.Â
Failing to release a vehicle hooked or lifted, but not actually removed
from private property, upon request of the vehicle's owner;
2.Â
Trolling (cruising) for vehicles parked without authorization;
3.Â
Paying for information about vehicles parked without authorization;
4.Â
Refusing to accept an insurance company check or a debit card, charge
card, credit card or check for towing or storage services, if the
towing company ordinarily accepts such payment at its place of business;
5.Â
Charging for a towing or storage service not on the Division's schedule
of services; and
6.Â
Charging an unreasonable or excessive fee.
c.Â
Towing and Storage Charges.
Towing and storage charges cannot exceed rates set by Borough
ordinance.
d.Â
Vehicle Storage.
This section requires that after a vehicle is towed:
1.Â
The vehicle must be stored in a secure facility;
2.Â
The facility's business office must be open to the public between
8:00 a.m. and 6:00 p.m. at least five days a week; and
3.Â
A towing company must make reasonable accommodation for after-hours
release of stored vehicles.
4.Â
The towing company may charge for after-hours release not to exceed
$35.
[Ord. No. 1991-32 § 1; Ord. No. 1998-13 § 2; Ord. No. 1998-14 § 3; Ord. No. 2002-12 § 1; Ord. No. 2009-09 § II; amended 7-21-2020 by Ord. No. 2020-30]
a.Â
DVDs/CDs shall be $10 per copy. Includes audio and video recordings.
b.Â
Discovery documents prepared by the Belmar Police Department shall
be free of charge if sent via email. A five-cent charge per page will
be accessed if paper copies are requested.
c.Â
Accident reports can be obtained at www.crashdocs.com. Fees will
be applied. Accident reconstruction reports shall be $300.
d.Â
Fees for Identification Cards for Taxi Owners and Drivers, Peddlers,
ABC, and Any Other Persons Required to Obtain an Identification Card.
1.Â
A $50 processing fee for an initial identification card; or a $35
processing fee for the renewal of an identification card, or for the
addition or removal of additional employers. The renewal of an identification
card that has been expired for a period of 30 days or more shall be
deemed an initial application and shall pay a $50 processing fee in
addition to any other requirements for an initial identification card.
All fees required pursuant to this section shall be paid by certified
check or money order payable to the Borough of Belmar. Additional
fees for fingerprinting or NJSP criminal history checks will be payable
to each specific agency and is a separate, required fee.
e.Â
Firearm ID cards are $5. Firearm permit to purchase is $2 per permit.
[Ord. No. 1991-32 § 1]
The viewing or reviewing of reports and photographs of accident
scenes shall be permitted at Police Headquarters daily, Monday through
Friday, from 8:00 a.m. to 2:00 p.m.
[Ord. No. 1991-32 § 1]
No search fee shall be charged if a report or photograph is
not on file with the Police Department, nor for any report or photograph
for which a formal request is made by any local, County, State or
Federal law enforcement agency or by the Federal postal authorities.
[Ord. No. 1991-32 § 1]
The Police Department shall issue a receipt for all fees and
monies received for the services extended or materials furnished.
All monies received shall be turned over to the Chief Financial Officer
no later than the tenth of the month following receipt.
[Ord. No. 1996-19 § 1]
As used in this Section, the following terms shall have the
meanings indicated.
Shall mean the Administrative Officer of the Borough of Belmar
Department of Code Enforcement and/or his or her duly authorized representative.
Shall mean an individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Shall mean any place or business that sells to the public
at retail.
Shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling or other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
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. It also means a person or entity
that owns, operates, or uses a vending machine and/or a vending machine
location.
[Ord. No. 1996-19 § 1]
In accordance with and pursuant to the authority of L. 1988, c. 44 (2C:35-7), the Drug-Free School Zone Map was produced on December 23, 1987, by Birdsall Engineering, Inc., Borough Engineer, South Belmar, New Jersey, and was adopted by Borough Ordinance 1989-21 as referenced in Code Section 16-16 "Drug-Free School Zones." This map is hereby amended and adopted to include "Cigarette Free School Zone" whereby 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 within the areas on or within 1,000 feet of such school property.
[Ord. No. 1996-19 § 1]
The following additional matters are hereby determined, declared
recited and stated:
a.Â
It is understood that the map known as the "Comprehensive Drug Reform Act of 1987-School Safety Zones" approved and adopted pursuant to subsection 16-16.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under this Section.
1.Â
The location of elementary and secondary schools within the Borough;
2.Â
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.Â
That such school property is and continues to be used for school
purposes; and
4.Â
The location and boundaries of areas which are on or within 1,000
feet of such school property.
[Ord. No. 1996-19 § 1]
It shall be unlawful for any person under the age of 18 years
to smoke a tobacco product, possess in open view an opened pack or
carton or other opened container (as evidenced by a broken seal) holding
a tobacco product in and/or on school property as referenced in the
map unless in the presence of his or her parent or guardian.
[Ord. No. 1996-19 § 1]
a.Â
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this Section and who is convicted
for the first time shall pay a penalty of not less than $100 nor more
than $500 for each offense. Complaint shall be made in the Municipal
Court of the Borough of Belmar or before such other judicial officer
having authority under the laws of the State of New Jersey.
b.Â
Any second or subsequent conviction of a violation of this Section
within any two-year period shall be subject to a penalty of not less
than $500 nor more than $1,000 for each subsequent conviction.
c.Â
Each sale of tobacco to a minor and each violation of the other prohibitions
in this Section shall constitute a separate violation.
d.Â
The Board of Health, in addition to the monetary penalties prescribed
herein, may suspend the Retail Food Establishment License of any person
convicted of a second or subsequent violation of this Section within
any two-year period for not more than three days, pursuant to the
authority of the Health Commission to license and regulate food establishments
as provided by N.J.S.A. 26:3-31 (c).
e.Â
The Municipal Court of the Borough of Belmar, in addition to the
monetary penalties prescribed herein, may order the suspension of
the operation of any non-retail food business convicted of a second
or subsequent violation of this Section within any two-year period
for not more than three days for any third or subsequent offense.
[Ord. No. 1996-19 § 1]
a.Â
Whenever the Code Enforcement Officer, any law enforcement officer
or any police officer or his/her duly authorized designee reasonably
believes there exists a violation of this Section, he/she may issue
a summons and complaint not later than 60 days after discovery of
the alleged violation. The complaint shall be in writing and shall
state with reasonable particularity the nature of the violation including
reference to the subsection of this Section alleged to have been violated.
The complaint shall be personally delivered or shall be sent by certified
and regular mail to the alleged violator.
b.Â
The Code Enforcement Officer, any law enforcement officer or any
police officer or his duly authorized designee or any other person
charged with enforcement of this Section, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary
for the proper enforcement hereof.
c.Â
It shall be unlawful for any person to oppose or otherwise obstruct
the Code Enforcement Officer, any law enforcement officer or any police
officer or his duly authorized designee in the performance of duties
hereunder, and he/she may request in the assistance of a law enforcement
agency or peace officer when necessary to execute his or her official
duty in a manner prescribed by law.
[Ord. No. 1999-21 § 1]
It shall be the duty of any owner of abutting lands to repair,
alter, re-lay and maintain any sidewalk, or section thereof, at the
abutting landowner's expense.
[Ord. No. 1999-21 § 1]
The Mayor and Council, by resolution approved by 2/3 of the
entire Council, shall cause a notice in writing to be served upon
the owners or occupant of lands, requiring the necessary specified
work to said sidewalk to be done by the said owner or occupant within
a period of not less than 30 days from the date of service of such
notice. The notice shall contain a description of the property affected
sufficient to identify it, a description of the improvement, and a
statement that unless the owner or owners complete the same within
30 days after service thereof the Borough of Belmar will make the
improvement at the expense of the owners.
Whenever any lands are unoccupied and the owner cannot be found
within the Borough of Belmar, the same may be mailed, postage prepaid,
to his or her post-office address, if the same can be ascertained.
In case such owner is a nonresident of the Borough of Belmar or his
or her post-office address cannot be ascertained, then the notice
may be inserted for four weeks, once a week in some newspaper of the
Borough of Belmar or if none be published therein, then in some newspaper
published in the State of New Jersey and circulating in the Borough
of Belmar.
[Ord. No. 1999-21 § 1]
In the case that the owner or occupant of such lands shall not
comply with the requirements of such notice, it shall be lawful for
the Public Works Department of the Borough of Belmar, upon filing
due proof of the service or publication of the aforesaid notice with
the Borough Chief Financial Officer, to cause the required work to
be done, and paid for out of the municipal funds available for that
purpose. The cost of such work shall be certified by the Public Works
Department to the Borough Chief Financial Officer. The Borough of
Belmar, at its option, may award a contract for the specified work
in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.
[Ord. No. 1999-21 § 1]
The amount of the cost of such work shall be and become a lien
upon the said abutting lands in front of which such work was done
to the same extent that assessments for local improvements are liens
in the Borough of Belmar under its Charter or the general law, and
shall be collected in the manner provided by law for the collection
of such other assessments, and shall bear interest at the same rate.
In addition thereto the Borough of Belmar may institute an action
to recover the said amount against the owner of said lands, in any
court having competent jurisdiction thereof; a certified copy of the
aforesaid certificate shall in such action be prima facie evidence
of the existence of a debt due from the said owner to the Borough
of Belmar.
[Ord. No. 2000-13]
The following terms used in this section shall have following
meanings:
a.Â
SKATEBOARD – Shall mean a device made of material designed
primarily to be stood upon, with a set of wheels attached, regardless
of the number or placement of those wheels and used to glide or propel
the user over the ground. It includes skateboards that are motorized.
It also includes skateboards, or similar devices, with a handle commonly
referred to as "scooters" or "razor boards."
b.Â
ROLLER SKATES OR ROLLER BLADES – Shall mean a pair of devices
normally worn on the feet with a set of wheels attached regardless
of the number or placement of those wheels and used to glide or propel
the user over the ground. Devices commonly known as "roller blades"
are intended to be included with this definition.
c.Â
SKATE PARK – Shall mean the Borough-owned skate park in Dempsey
Park and any subsequent skate parks erected or acquired or areas designated
by the Borough for skateboarding and/or roller blading.
[Ord. No. 2000-13]
No person under the age of 14 years shall operate or ride upon
a skateboard, roller skates or roller blades on any property open
to the public unless that person is wearing on his/her head a properly
fitted and fastened safety helmet which meets the standards of the
American National Standards Institute (ANSI Z90.4 bicycle helmet standard),
the Snell Memorial Foundation's 1990 Standard for Protective Headgear
for Use in Bicycling, or the American Society for Testing and Materials
(ASTM) helmet standard or other such standard, as appropriate.
[Ord. No. 2000-13]
No person shall operate, or cause to be operated, skateboards,
roller skates, roller blades or the like in a reckless or hazardous
fashion or in a manner creating interference with pedestrian traffic
or vehicular traffic, nor shall such person hold onto a motor vehicle
or bicycle while such motor vehicle or bicycle is in motion.
[Ord. No. 2000-13]
a.Â
All persons, regardless of age, must wear on his/her head a properly
fitted and fastened safety helmet, properly fitted and fastened knee
pads and elbow pads which meet the standards of the American National
Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell
Memorial Foundation's 1990 Standard for Protective Headgear for Use
in Bicycling, or the American Society for Testing and Materials (ASTM)
helmet standard or other such standard, as appropriate.
b.Â
All persons using the skate park must abide by all rules and regulations
adopted by the Mayor and Borough Council by Resolution.
c.Â
All persons using the skate park must abide by all posted rules and
regulations.
d.Â
All persons using the skate park must abide by all directions, commands
or orders of any police officer or Borough official.
[Ord. No. 2000-13]
Notwithstanding any other action which a law enforcement officer
is authorized to take, upon probable cause to believe a minor has
violated this section, the officer shall cause the minor's parent,
guardian or other adult in the minor's household to be notified of
the situation and shall request that the parent, guardian or other
adult respond to headquarters to take custody of the minor. The Belmar
Police Department shall also have 30 days from the date of the violation
to determine if a complaint will be signed under this section or other
applicable law.
[Ord. No. 2000-13]
Any person violating the provisions of this section shall, upon
conviction, be punished by:
[Ord. No. 2000-04, § 1]
As used in this section:
Shall mean and include the Borough of Belmar's employees,
agents, officers, officials and supporting units as directed by the
Office of Emergency Management.
Shall mean the Borough of Belmar.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any waters which
flow within the jurisdiction of the Borough or any land within the
jurisdiction of the Borough.
Shall mean any items used to extinguish or prevent any hazardous
material fire, or stop or contain any leak, release or spill involving
any hazardous material, which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to, firefighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
equipment and clothing to include, but not be restricted to, chemical
protective suits, chemical protective gloves, goggles, and any other
item owned or controlled by the Borough.
Shall mean any material, solid, liquid or gas, listed as
such under the N.F.P.A. Guide to Hazardous Materials, the Department
of Transportation Guide Book, the list of hazardous substances adopted
by the Federal Environmental Protection Agency (EPA), pursuant to
Section 311 of the Federal Water Pollution Control Act Amendment of
1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et
seq.), and the list of toxic pollutants designated by Congress or
the EPA, pursuant to Section 307 of the Federal Water Pollution Control
Act, any hospital or medical waste, including but not limited to,
syringes, bandages and discarded pharmaceutical products, and any
material warranting removal or cleanup in the opinion of the Borough
of Belmar Office of Emergency Management.
Shall mean any motorized equipment, registered or unregistered,
including, but not limited to, a passenger, car, motorcycle, truck,
tractor trailer, construction equipment, farm machinery, watercraft,
aircraft and train.
Shall mean any container, drum, box cylinder or tank used
to hold, or contain or carry or store any hazardous materials, whether
or not the container was manufactured for the containment of a hazardous
material.
[Ord. No. 2000-04, § 1]
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Borough, for costs expended,
without regard to ownership, for the purpose of mitigating, controlling,
or containing any incident in which a hazardous material is involved
in a fire, leak, release or spill, or where the potential thereof
exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses
incurred by the Borough for the wages (regular or overtime) paid to
its employees, agents, or servants as a result of an incident involving
hazardous material, fire, leak, release, or spill of a hazardous material
and for the costs of medical and hospital treatment for injuries incurred
by agents, servants and employees of the Borough.
This section also provides for a penalty for the violation of
this section for either committing a spill or for failure to report
the same.
[Ord. No. 2000-04, § 1]
a.Â
The discharge of hazardous substances is prohibited. This subsection
shall not apply to discharge of hazardous substances pursuant to and
in compliance with the conditions of a Federal or State permit.
b.Â
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this section shall immediately notify the Borough Office of
Emergency Management during regular business hours at (732) 681-3700
extension 239, and at all other times notify the Belmar Police Department
at (732) 681-1700.
c.Â
Whenever any hazardous substance is discharged, the Borough may in
their discretion act to remove or arrange for the removal of such
discharge.
d.Â
Any person who has discharged a hazardous substance, or who has failed
to report a discharge or who is in any way responsible for any hazardous
substance which has been or shall be removed by the Borough, shall
be strictly liable, jointly and severally, without regard to fault,
for all cleanup and removal costs and shall be liable for the wages
(regular and overtime) paid and the costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Borough.
[Ord. No. 2000-04, § 1]
Reimbursement to the Borough for expendable items used shall
be made by:
a.Â
The owner or operator of the vehicle, whether stationary or in transit,
responsible for the hazardous material fire, leak or spill;
b.Â
The owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak or spill;
c.Â
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates; and
d.Â
The person responsible for the hazardous material fire, leak or spill,
whether on public or private property or whether the fire, leak or
spill was intentional, accidental or through negligence.
[Ord. No. 2000-04, § 1]
Any responsible party as defined in subsection 16-22.4 causing any hazardous material fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Borough to handle such incident. In the event of a vehicle having been responsible for an incident, the vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and cooperation with the Borough, and until such time as arrangements have been made to reimburse the Borough and the towing company for their expenditures under the terms of this section.
[Ord. No. 2000-04, § 1]
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak, or to control such spill, within 45 days
after receipt of a bill therefore. The collecting agency shall utilize
its best efforts to collect costs hereunder and shall reimburse its
agents or the local units of amounts collected. In the event that
the collecting agency is not able to collect the costs or only a portion
thereof, the collecting agency shall not be responsible to its agents
or the local units for the full amount of same.
[Ord. No. 2000-04, § 1]
The party responsible, as defined in subsection 16-22.4, for any fire, leak or spill of hazardous material who fails to reimburse the Borough within the time required, shall be subject to a fine upon conviction of $100. This provision shall not be construed to waive or otherwise limit the Borough's ability to collect such costs by way of lien against the property, real or personal of the responsible party or by way of suit in a court of competent jurisdiction. The party responsible, as defined in subsection 16-22.4, for a fire, leak or spill, or who fails to report same, shall be subject to a fine upon conviction of $100.
[Ord. No. 2000-11, § 1]
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 person related by blood or affinity.
Shall mean under the legal age for the possession and consumption
of alcoholic beverages as provided by law.
[Ord. No. 2000-11, § 1]
a.Â
It shall be unlawful for any person under the legal age who, without
legal authority, knowingly possesses or knowingly consumes an alcoholic
beverage on private property.
b.Â
An underaged person is not prohibited 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.
c.Â
An underaged person is not prohibited from the possession of alcoholic
beverages while actually engaged in the performance of employment
by a person who is properly licensed and permitted to engage in such
activity under Title 33 of the Revised Statutes of the State of New
Jersey, the Borough of Belmar Revised General Ordinances, 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 section shall
not be construed to preclude the imposition of a penalty under this
section, N.J.S.A. 33:1-81, the Borough of Belmar Revised General Ordinances
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.
[Ord. No. 2000-11, § 1]
a.Â
Fines. Upon conviction for a first offense a violator shall be punished
by a fine of $250 and $350 for any subsequent offense.
b.Â
Suspension or Postponement of Driver's License. In addition to the
fine authorized for this offense, the Court may 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 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 of Motor Vehicles
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.
If the person convicted under such an ordinance is not a New
Jersey resident, the court shall suspend or postpone, as appropriate,
the non-resident driving privilege of the person based on the age
of the person and submit to the Division of Motor Vehicles the required
report. The court shall not collect the license of a non-resident
convicted under this section. Upon receipt of a report by the court,
the Division of Motor Vehicles shall notify the appropriate officials
in the licensing jurisdiction of the suspension or postponement.
[Ord. No. 2001-31; Ord. No. 2002-07]
For the purposes of this section only, the following words are
hereby defined:
Shall mean face-to-face contact with any person for the purpose
of conducting surveys, asking for votes, surveying to determine probable
vote outcomes or public sentiment on any matter, or obtaining signatures
for a petition or similar document, and, not in conjunction with the
soliciting of persons for the purpose of obtaining funds, money or
anything of value. However, for purposes of this section, the term
"canvass" shall not mean the acceptance of money or anything of value
by any person or organization on behalf of a candidate for elected
office.
Shall mean any charitable organizations qualifying under
N.J.S.A. 45:17A-20 and/or nonprofit or not-for-profit organizations
or organizations formed and existing for charitable, eleemosynary,
philanthropic, political or publicly beneficial purposes.
Shall mean face-to-face contact with a person anywhere in
the Borough, including at a person's home, for the purpose of requesting
or obtaining the contemporaneous donation of funds, money or anything
of value. However, for purposes of this section, the term "solicit"
shall not mean the acceptance of money or anything of value by any
person or organization on behalf of a candidate for elected office.
[Ord. No. 2001-31; amended 7-20-2021 by Ord. No. 2021-24]
a.Â
Soliciting. No person shall solicit on behalf of a charitable organization or for a charitable purpose, as defined in Subsection 16-24.1, without registering with the Borough as set forth herein. This section and the requirements herein do not relieve persons or organizations from the licensing requirements of the Borough of Belmar Revised General Ordinances, if applicable, for other activities not defined or addressed herein.
b.Â
Canvassing. Persons or organizations are permitted to canvass, as defined in Subsection 16-24.1, without registering with the Borough. This section and the requirements herein do not relieve persons or organizations from the licensing requirements of the Borough of Belmar Revised General Ordinances, if applicable, for other activities not defined or addressed herein.
c.Â
No Knock Registry. The Borough Clerk shall maintain a list of names
and addresses of residents who have determined that solicitors, peddlers
and/or hawkers shall not be invited to their respective residences.
Any resident shall be included on such list if they complete a form
to be so included. The form shall be available at Borough Hall and
online. The list shall be distributed to applicants seeking a license
for the purposes mentioned herein. The licensee shall not solicit,
peddle or hawk at any residence on the list. Any solicitor, peddler
or hawker who goes upon any premises or rings a doorbell upon or near
any door or creates any sound in any manner calculated to attract
the attention of the occupant of such residence, when such residence
is on the list provided, shall be considered to be engaging in uninvited
soliciting subject and shall be subject to the penalties set forth
herein.
d.Â
Exceptions to No Knock Registry.
e.Â
License required. Any person or organization wishing to solicit, as defined in Subsection 16-24.1, must comply with all licensing requirement set forth in Chapter 20 of the Borough Ordinances and must register with the Borough at least 48 hours prior to the commencement of soliciting, as follows:
1.Â
The person or organization must submit a letter to the Borough Clerk,
upon the organization's letterhead if applicable, containing at least
the following information:
(a)Â
The specific date(s) and times of day the participants will
be in Belmar; and
(b)Â
The specific location(s) where the solicitation will occur;
and
(c)Â
The name, address, and a legible photocopy of a form of identification
for each participant; and
(d)Â
The name, mailing address and telephone number of a person to
contact should any questions arise before the person or organization
comes to the Borough and the same information for a person to act
as a contact while the person or organization is present in Belmar.
2.Â
Upon receipt of this information, the Borough Clerk shall promptly
provide copies of the same to the Chief of Police, and the Director
of Code Enforcement.
3.Â
No fee or other cost shall be charged to the person or organization
in conjunction with the requirements of this section. The Borough
will only contact the person or organization if the Borough determines
that certain persons or the organization will not be permitted to
solicit in the Borough. Appeals from the Borough's decision in this
regard may be taken to any court of competent jurisdiction. The basis
for the Borough's determination that certain persons, or the organization,
will not be permitted to solicit in the Borough are:
(a)Â
Any pending criminal or quasi-criminal claims of fraud, financial
wrongdoing, acts of violence, robbery, burglary or other claims involving
the person's or the organization's moral turpitude; or
(b)Â
A conviction or finding within the past three years against
the persons, or the organization, in any criminal, quasicriminal or
civil matter involving fraud, financial wrongdoing, acts of violence,
robbery, burglary or other claims involving the persons or organization's
mortal turpitude.
f.Â
Regulations. Once a person or organization has registered with the
Borough, the following regulations apply to their solicitation activities:
[Amended 8-17-2021 by Ord. No. 2021-27]
1.Â
No solicitation
is allowed after 6:00 p.m. or before 9:00 a.m. The Borough requests,
but does not require, that solicitation occur during daylight hours.
2.Â
Persons,
organization and its participants must abide by all other rules, regulations,
ordinances and laws.
3.Â
Failure
to abide by these prerequisites, regulations and conditions may result
in legal action and/or criminal process, and the person and/or organization
may be ordered to cease all further solicitation until the applicable
prerequisites, regulations and conditions have been complied with.
g.Â
Violations and Penalties. A person or organization violating the
terms of this article or engages in uninvited soliciting shall be
subject to revocation of the Borough-issued license and issued the
following penalties:
[Ord. No. 2005-20 § I]
No game or contest that involves as an element of the said game
or contest the consumption or use of an alcoholic beverage shall be
permitted, performed or engaged in outside of a house, building or
other structure in such a location and/or manner that they can be
viewed from a public street, public sidewalk or other public thoroughfare,
or from an adjacent property. This includes, but is not limited to:
front yards, side yards, porches or decks.
[Ord. No. 2005-20 § I]
Any person violating the provisions of this section shall upon
conviction thereof, be subject to a fine of:
[Ord. No. 2016-06]
It shall be unlawful for any person to, without lawful purpose, unduly interfere with the business operations of any lawful business enterprise conducted upon its property or at its principal place of business, or to cause any undue expenditure of such business enterprise's resources thereat, within the Borough of Belmar. Any person found in violation of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[Added 8-3-2021 by Ord. No. 2021-20]
The following uses shall be prohibited in all zoning districts
in the Borough of Belmar:
a.Â
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
